The herald., 1898-01-20

tical, and both were heard at the saHie
time. as the same questions are involved
in each. A decision was expected long
ago. but week after week has passed and
there has been nothing done by the
court. The cases were long ago briefed
by the attorneys for both sides and the
briefs submitted. The limit of time pro-
vided in the statute expires today and 1t
is expected that If the decisions are not
forthcoming at once there will be at
most but few days further delay.
That these cases are so near a nnal
settlement is another proof OF the 1aisity
of the statements made by certain city
officials in the San Francisco Call that
the present administration in the city
government has wasted a year and done
nothing toward securing for the city the
ownership of the water works. 1t Is nec-
essary that the points involved in these
cases be decided before the first steps to-
ward new system such as Mr.. Grioer
saws he desires can be taken, Tor THESE
cases involve the city's title to the LANDS
upon which the headworks of the water
system are to be constructed.
The attorneys for the city in the wa
ter litigation have repeatedly reported TO
the council that the first thing to be
considered, whether the city purchases
the plant of the water company or pulids
a plant of it's own Independent OF the
present system, is the construction or u
permanent headworks from which to
derive it's supply. 1t Is just this that is
involved in the suit now before the su-
preme court. Months ago the city be-
gan condemnation proceedings to secure
| the ownership of 300 acres of what is
known as the Pomeroy and Hooker land.
| The city won it's case in the lower court
and the price set upon the land, $25,OOo,
was paid into court, where 1t still re-
mains. The defendants appealed the
case and it is this appeal that the su-
preme court will have to decide. The
land is considered the best that could be
secured as a site for headworks. Ev-
ery step in the case has been carefully
taken by the attorneys for the city. and
they are confident that the decision OF
the court will be in favor OF the munici-
pality. AS soon as the decision has
been rendered, If it is favorable to the
city, the construction of headworks can
be begun.
Until a favorable decision for the city
has been rendered by the supreme court
it would be impossible to take even the
preliminary steps toward constructing
a headworks. Mr.. Grider has repeatedly
asserted that the city should at once
begin the construction of new system,
| ignoring the existence Of the present
plant. Such a course would not only be
impracticable but impossible, and so the
attorneys for the city have repeatedly
stated individually to the members of
| the council and to the council as whole
If more proof than has already been
given that the position taken by the
mayor, Councilmen Grider and Hutchi-
son is untenable Is needed they have
| only to refer to the argument made by
the attorneys for the city at the time
that the petition for q water bond elec-
ton was heard and debated before the
water supply committee early in De-
cember. At that time Judge c. c.
Wright appeared as attorney for the
petitioners. The petition asked the
| council to call a special election for the
purpose of issuing bonds for the con-
struction of water plant. 1t contained
the signatures of nearly 5000 persons,
and on Dec. representatives Of the pc
titioners were heard before the commit
tee.
The attorneys for the city then stated
that the contract with the water COM
pany expired next July and provides
that at that time the city is to pay for
the improvements. If, as result of ne
gotiations, no value can be placed upon
the plant which will be agreed to by both
parties the matter is to be settled by
i arbitration. The city had anticipated
the expiration of the contract by de-
manding that the company arbitrate
now. There is nothing in the contract
which can be construed as meaning that
the company must arbitrate before the
contract expires.
In his statement made before the COM
mittee Major Lee said: "The rational
construction of the contract is that the
value Of the plant Is to be determined as
soon as the contract expires and then
this value is to be fixed by arbitration II
1t is found necessary to arbitrate.
The contention of the city's attorneys In
the matter was and Is that the value OF
the plant is not to be considered today
but the question to be decided between
the city and the company is what will
the plant be worth on the day that the
! contract expires. Some of the ablest
attorneys in the city have stated thai
the consent of the company to arbitrats
now is a matter of courtesy and con,
venience and that If they so desired
, they could stop all proceedings until thu
contract had expired. 1t has also beer
given as their opinion that the council
has done all that 1t could do In fact tha'
the work now being prosecuted by th'
water supply committee to secure {
: conference with the representatives o.
the company is all that can be done .
the present time. The company hai
communicated with the council that !
is now securing the consent Of IT. stock
holders I'd the proponitlQn'to arbitrat,