The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-11
CYST OF THE ARGUMENT
Extracts From Talks of Attorneys
Chapman and Scott

Court did not daily with preliminaries
Yesterday, and 1t was only few minutes
after 10 when Judge Chapman arose and
plunged into the case head first. A short
conference between the attorneys before
the court convened resulted in an agree
ment that the argument shall not be lin
tied in any way unless the court objects
and for this reason some very long winded
proceedings will probably be INDUCED in.
Mayor Snyder and President Silver were
interested listeners, and Woltmann OF
Kesslar fame, accompanied by Attorney
Loewenthal, also gave their valuable time
to hearing the argument. Interesting ex-
tracts from the attorneys addresses are
appended.
Opening Argument
'.There are three causes pending In the
matter at issue, and as the questions aris-
ing in each are so similar, counsel have
agreed that II is best not to try to separate
them. The. argument will therefore be up
on all three actions, and each side is to
have the privilege of answering the oth=r
back and forth, so long as 1t Is desirable,
or until the court shall see fit to intervene
AS the case of the Crystal Springs Land and
Water company differs from the others
more L
In behalf of the company with that case.
The city practically grants us the owner
ship Of the lands and plant, which we claim
belong to this company, and not 20 the Los
Angeles City Water company, but con-
tends for the ownership of the water and
certain pipe line running into Bellevue res
ervoir.''s
Attorney Scott here interrupted Judge
Chapman with the statement: THAT is
right; we do not claim the land and the
plant of the Crystal Springs Land and Wa
ter company, and We are willing the re-
straining order should operate so far as
they are concerned; but we do claim the
water and that it shall have the right to
flow under our control"
1--WE prefer to state our case in the whole
matter, however," continued fudge Chap
man. 1.-THE pipe line in controversy was
laid by the Crystal Springs Land and Wa
ter company without reference to the Los
Angeles City Water company, and its right
of way to Bellevue reservoir is over land
secured from private parties. who had ac
Quired the title from the city of Los An
geles long previous to the construction of
the line. Counsel says the contract of 1SeS
Is lease. If this remarkable claim were
set up by less eminent authority, 1t would at
once be regarded as absurd. 1t is supposed
that in order to lease property, and thus
become a landlord the lessor must first
have some title in.the premises which arc
let to the tenant. The city does not occupy
such a position. The city council and city
engineers looked over the ground when
they found the Los Angeles City Water
company occupied a certain position, and
decided they would try to get along with
out the Crystal Springs property, but in Or
der to do SO they must have the Bellevue
reservoir pipe line; they therefore set up a
claim to it. We submit that this line is the
property of the Crystal Springs Land and
Water company, and if 1t is wrong to take
the entire property of that company, it is
wrong to take part of it.
"Now, as to the city's claim of the wa
etr's right to flow. Even II the water does
belong to the city, the possession of the
pipes does not. follow The company may
be ehjoined from making any diversion of