The San Francisco call., 1898-12-22
WATER RIGHTS
 INVOLVED IN 4
 LEGAL TANGLE The Spring Valley Company Sued. ALAMEDA CREEK IS DIVERTED JANE R. CLoUGH ASKS FOR A PERPETUAL INJUNCTION. The Washington and Murray Com pany Deprived of Ten Million
 Gallons of Water Each
 Day.
ALAMEDA CREEK IS DIVERTED
JANE R. CLoUGH ASKS FOR A
 PERPETUAL INJUNCTION.
Oakland Office San Francisco Call,


 An important suit, involving valuable riparian rights in and to Alameda Creek, was filed in the Superior Court of Ala meda County to-day by Jane R. Clough against the Spring Valley Water Works ct al. The other defendants are the Washington and Murray Township Water Company, Charles Webb Howard, w. A. Yates, W. Brooks John Mosier and H. Overacker Sr The suit is brought to restrain the Spring Valley Water Works from diverting the waters of Alameda Creek and quiet title thereto In 1871 the Washington and Murray Township Com pany acquired the right to the water in the creek
 The complaint recites some decidedly interesting facts of history portraying the methods whereby small corporation is cinched in the tentacles of the more pow erful one Of the 50,000 shares in the Washington and Murray Township Water Company but S0S10 were issued and out standing in April, 1SS1 But at about that time the Spring Valley Water Works bought 2S, ,960, the certificates being issued as follows: In the name of the latter cor poration, 3110 shares; Charles Webb How ard president of the Spring Valley Com pany, 25,250 shares; Charles N. Fox, 1o0 shares; William Brooks, POO; w. A. Yates, 150; John Mosier 100.
 The complaint further alleges that on August s, 1888, the Spring Valley caused to be elected as directors of the Wash ington and Murray Township Water Com pany Charles H. Hadsell, Charles Webb Howard, Charles N. Fox, H. Overacker Sr and William Brooks. MT. Hadsell was chosen president and w. A. Yates secretary.
 Four days later the Spring Valley built dam across Alameda Creek, about two miles above the head of ditch, going four miles along the line of water front, covered by valuable riparian rights. This stream is natural. and prior to its diver sion flowed westerly between well-dehned banks from its source in the mountains to the bay of San Francisco, and through two tracts of land described in the com plaint. subdivided and owned by the fol- lowing small holders: A: J. Severance, D. M Sanborn, B. D. T. Clough J. Nich- os J. Shinn, c. Kelsey, H. Overacker. A. Rankin, w. F. Goad, H. Pierce, F. Mor- rison, J. Lowry, J. T. Stevenson, M. $. Peres, F. Munyan. w. Baker, F; George J. Silvara, M. Fereira, J. l.. Beard and w. Baker, in all about 223S acres.
 The ditch in question, according to the complaint, had a capacity of 1O,0OO,0OO gal hours, and its diversion deprives the Washington and Murray Township Water Company of all rights to said water.
 Plaintiff asks that the court determine Valley Water Works, in and to the waters of Alameda Creek and adjudge that as against the defendant Washington and Murray Township Water Company the former has no right to take or appropri- ate the water in the creek
 She also asks that the court perpetually entoin and restrain the Spring Valley Water Works from using or diverting the waters of Alameda Creek at any point in said creek at or above the head of the water ditch or at or above the tracts mentioned.
 brought suit against the Spring Valley Water Works, recovering S15,0OO damages. The points involved were similar to those set forth in the above plaintiffs com plaint, but the courts decree did not re- strain the water works from continuing its diversion of the waters of the creek
 It is asserted that recently Spring val lev has spent S250 900 in the purchase of riparian rights appurtenant to many tracts bordering on Alameda Creek. This, Mrs Clough alleges, was done prepara-- tory to fraudulently appropriating and diverting the waters to the injury or those who depended upon irrigation fur nished by the ditch.
 Mrs. Clough is a stockholder in the Washington and Murray Township Water Company. In the present suit Thomas C. Huxley appears as her attorney, with Will liam R. Davis of counsel.