The herald., 1898-02-01

At this meeting II was stated by Judge
: Wright representing the petitioners, that
inasmuch as the previous negotiations be-
tween the city and the water company tc
purchase improvements. also the offer OF
the city to arbitrate, had not been deslg.
mated nor recognized as having been made
under the terms of the contract, the city
was not at this time In position to grant
the request of the petitioners. Your COM
mittee knew II was matter of earnest
solicitation OIL the part of your honorable
body lest by premature and ill-advised
action. a great hardship might be inflicted
upon the worthy taxpayers of this munich
pality If any disposition to over-zeal-
BUSINESS along this line was evinced by this
committee 1t was inspired by the full
knowledge on the part of its members that
our citizens desired but one water plant
at time, and that for the time being, at
least, we were resting under obligations.
moral and legal. to treat with the Los An
geles City Water company for the restora-
tion of the city's plant upon payment for
| improvements made thereto.
A report in keeping with the foregoing
action of the committe was filed with the
council Dec. 6, 1897 from which We quote:
THE question of immediate construction
being disposed of, discussion was had upon
the question of taking such steps as would
| remove the legal difficulties which now ex-
ist to the construction of new works prior
to termination of present lease. In short.
what can be done by your honorable body
to enable you to raise the funds and enter
upon the construction of an entirely new
system of waterworks prior to the termina-
| ton of present lease contract without sub
| iecting the people you represent to the
payment of not only the cost of new
plant, but the value of the improvements
made by the water company to the old
| all fnnr ,fS .
mittee finds a difference of opinion. both
legal and civic: nor does 1t by its recon-
mendation herein pretend to decide that
the way is clear for a successful outcome
along lines suggested but being actuaed
by desire to leave no stone unturned To
acquire a municipal water plant. new or
old, at the earliest moment consistent with
the interests of the community, your COM
mittee begs to submit the following recon-
mendations:
"First-That no action be taken at this
time to construct an entirely new water
system; and.
.'Second-That the city attorney be in
structed to prepare a resolution looking
to negotiations attempting to agree with
the water company upon the value OF the
improvements made by them. as provided
in the contract with said water company.
dated July % 1865 in order that the city
may pay to the water company at the ex-
piraton of said contract the amount or
compensation agreed upon to cover value
of the said improvements made by said
water company during term of lease"
On Dec. 13. 1897. the necessary resolution
was presented by the attorney and adopted
by the council.
Under date of Dec. 15 1897. copy of
above resolutions. with instructions. was
received by this committee from your
honorable body and on the following day,
Dec. 16 1897. u letter was indited to the
water company. signfying the desire OF
this committee to enter upon the work con-
templated in the resolution. and asking the
co-opertion of the company. To this letter
a reply was received Dec. 26. 1897, stating
the willingness of the company TO sell, If
an agreement could he reached as to terms
of sale. On Dec. 29. 1897, second letter
was written by the committee, asking that
some day in the following week be desig
mated for meeting. To this reply was
received Monday. Jan. II, 1898, stating that
representatives will be appointed by the
board of directors and the committee will
be informed at once who they are; that
their attorneys will be in the city about
the middle of February. and the company
would like to have matters so advanced by
that time that they may have the assist
ance of their attorneys In bringing matters
to conclusion.
Further than as above stated your COM
mittee is without instruction from your
honorable body. The various commissions
entrusted to this committee have at all
times been prosecuted with an earnest de-
sire to supplement by the energy and zeal
of this committee the honest effort being
continually exercised by your honorable
body in the direction of municipal owner
ship of a water system. The foregoing re-
view of the work of council. legal advisers
any honest mind that everything has been
done that could safely be undertaken. that
every inch of advanced ground has been
occupied as fast as possible and that now
the lapse of brief period of time and the
execution of such acts as may be suggested
by the city's legal advisers are all that
separate us from municipal ownership in
fact.
There has never been any doubt as to the
wishes of the people in this matter: their
attitude has been positive and unequivo-
cal for municipal ownership. and no act
of council legal advisers, engineer or COM
mittee can be honestly interpreted to mean
anything but complete acquiescence to this
demand. If more radical action has been
declined from time to time. it has been
done in obedience to legal barriers and
with the one object of avoiding complica-
tons which would avail naught but to
defer the actual requirement of municipal
ownership.
AS the business man in the conduct Of
his practical affairs entrusts all legal
questions to competent legal advisers. so
those now in authority in municipal affairs
have deemed it but justice to the citizens
whose interests they represent TO make
of this matter a legal rather than politi-
cal contest AT all times have the legal
advisers of the city been fully consulted
and the degree of respect evinced for their
able advice is shown by the accompanying
letter from Messrs. w. f. Dunn and Lee
& Scott. Desiring to leave undone no step
possible of execution, this committee has
asked legal counsel to suggest any further
action deemed advisable at the present
time; it is in answer to this request that
the enclosed letter is submitted,
(Copy)
LOS ANGELES. Cal. January 80, 1898.
To the Water Supply Committee of the
Council of the City of Los Angeles-Gen-