The herald., 1897-08-10
Sticking Point On the City
Water Question
EHE CITY ATTORNEYS OPINION
pAsApENA BOULEVARD BEFORE
THE COUNCIL
nssurfacing Of Spring Street Adopted
A Proposed Alley Arouses Mr..
Hellman's Ire

City Attorney Dunn and the counsel
associated with him. Messrs. Lee and
Scott, have presented to the city council
Z legal opinion on the practicability of the
city's constructing headworks for a wa
ter plant.
The opinion was presented to the coun-
Gil yesterday morning, almost imme-
diately after the members had taken
their seats, and it is given herewith in
gull.
The matter of arbitrating the values
ofrthe property is also considered in the
report and the city's attorneys are of
the opinion that such a move will not
Jeopardize the legal rights of the city
by making a proposition to arbitrate.
THE OPINION
The limited time which you have given
me makes it impracticable to report as
fully on the matters involved in the Water
Committees report as l should otherwise
have done.
Permit me to preface the report proper by
saying that the questions involved are so
important that have submitted them to
Lee & Scott, associate counsel for the
city, who have considered them with me,
and who join with me in this report.
The report of your Water Committee
makes three distinct recommendations,
the first two, which may properly be con-
sidered together, reading as follows:
''First-That the consulting board, con-
sisting of three competent engineers, be
selected by your honorable body, and COM
missioned to examine with care and fidel-
ity the specifications, details and plans
for the new water system as prepared by
Mr.. Dockweiler, in so far as they pertain
to said headworks, conduits and reservoir
to the end that they may report to this
body, first, the feasibility and practicable
ity of the proposed system; second, lis
comparative availability, (a) as supply
to new system, and (b) as an additional
supply to the old system, and, third, the
estimated cost thereof. And to make such
other report as may be deemed pertinent
and fitting in the premises.
"Second-That upon the determination
as above of the correctness, plans and de-
STABILITY of said headworks system,
your honorable body take immediate steps,
provided no legal objections exist, to af-
ford the people an opportunity to vote
bonds for the construction of said head
works system, main supply conduit and
Eigh-level reservoir at an estimated cost
of 1886, ,000.'
To the second of these recommendations
providing for the holding Of an election
struction of headworks, ETC., we regret to
say there are, in our opinion, insurmount-
able objections viz:
First-The city is not yet the owner of
the land upon which the proposed head
works are to be constructed. Suit was
brought to condemn this land and tried
last year. resulting in a Judgment for the
oft wi roa 1ot1 TO ha n
for the land. The owners of the land,
Messrs. Pomeroy and Hooker, as soon as
possible, moved for a new trial, which was
denied, and from this order and from the
judgment of condemnation they have ap-
pealed to the Supreme Court of the State,
where the case is now pending. This case
was, as your honorable body will perhaps
remember, one of the longest cases as to
time consumed in trial ever tried in South
ern California, occupying over six weeks:
and the record on the appeal consists of
over a thousand pages of printed matter
and many maps, all of which has taken an
immense amount of time and labor in pre-
paration and printing. The opening brief
for the appellants of Is pages has been
filed. and we are now preparing our reply.
The case will soon be submitted, but we
cannot hope for a decision during this year
and probably it will be we'll into next year
before the court renders its decision. While
we have strong confidence that the Su-
preme Court will sustain the Judgment,
We must recognize the possibility that the
cause may be sent back for a new trial. in
which event the final determination of the
suit would, of course, be still further post
poned.
We are pushing the case with the utmost
rapidity possible, but every member OF
your honorable body will readily see that
1t will be impossible to construct head
works, or even definitely settle the plans
therefore, until we have the title to the
land upon which we propose to construct
them, as any change in the point of con-
struction might necessitate complete
change of plans, the present plans being
prepared for headworks to be constructed