The herald., 1898-07-09
MORE WATER TALK
NEW COMPLICATIONS COMING
UP EVERY DAY
SLIM CHANCE OF SETTLEMENT
Clouds Must Clear Away Very Rapidly
to Permit Of Agreement by
July %

Each hour seems to present some new
complication of the water question and
with each new complication comes more
perfect realization that the matter Is SO
far from settlement that the outlook Is a
discouraging one. The Kessler Banking
company of New York. through their rep
resentative, Mr.. Woltmann, were before
the water supply committee again yester-
day morning to make a more specific and
detailed proposition than that submitted
originally, but were informed that the
proper plan for them to pursue was to first
submit the matter to council, when council
would in turn refer 1t to the committee.
Mr.. Woltmann will act in accordance with
this suggestion and the matter will como
I'D at the regular council meeting on Mon
day.
Mr.. Woltmann and Mr.. Lowenthal, the
attorney for the Kessler company, state
that the general character of the PROPOSE
ton remains the same as that originally
submitted. it being their further intention
only to outline the details of the plan and
give the council additional information
for use in ascertaining the merit of the
proposition. Their plan anticipates the
purchase by them of all the property of
the Crystal Springs company's property,
and the furnishing of water for city use alb
solutely free. In addition to this free serv-
Ice the company proposes to pay to the
city a certain percentage Of the yearly re-
ceipts of their business with private con-
sumers. For the first five years, 2% per
cent; the second five, Al per cent and for the
balance of the fifty year term per cent OF
the receipts, is what is offered. This rev.
enue to the city would in time, the Kessler
company claims, enable the municipality
to purchase the entire plant and system
without a bond issue or one penny of actual
outlay.
What will probably prove a troublesome
factor in the consideration of either the
Kessler or the Burbank propositions are
the provisions of section 100 and 1871 of arti-
Gle IS in the city's charter. They read as fol-
lows:
Section 190.-The city of Los Angeles
shall continue in the ownership and enjoy
ment of all rights to the water of the river
of Los Angeles heretofore vested in it, its
predecessor or predecessors, including the
pueblo of Los Angeles, and is hereby de-
clared to have the full, free and exclusive
right to all the water flowing in the said
river at any point from Its source or
source. to the intersection of said river
with the southern boundary OF the city,
and also the ownership Of and the right to
develop, economize, control, use and util-
lie all waters flowing beneath the surface in
the bed OF said river at any point or points
between the points of termini above named
Section 191.--The city shall not convey,
lease or otherwise dispose of its right in
said waters, or any part thereof, or grant
or lease to any corporation or person any
right or privilege to use, manage or control
the said waters or any part thereof fol
any purpose. public or private, otherwise
than by license revocable by said city al
pleasure upon notice not to exceed six
months; provided. that this provision shall
not be construed to prevent the ordinary
sale and distribution of the said waters to
the inhabitants of the city, or persons doing
business therein, for irrigating and do
nestle uses, and for manufacturing pur.
poses other than for water power"
The full application of these sections to
the pending questions has been discussed
at length by the councilmen and it Is
thought that they may prevent the city
from accepting either the Kessler or the
Burbank proposition, besides shutting out
incidentally the Merrill water scheme tt
use the underground flow of the river for
irrigation purposes outside the city. The