The herald., 1898-04-12
AN UNJUST ORDINANCE
WATER COMPANY ASKS TO HAVE
IT SET ASIDE
A Showing That New Water Rate
Will Not Yield Sufficient to Meet
Expenses

SAN DIEGO, April 1.-THE San Diego
Water Company plaintiff, VS.. the City, of
San Diego, is the title of a suit filed this
afternoon with the county clerk. The
complaint recites that among the purposes
Of organization Is to supply the city. of San
Diego and its inhabitants with water. That
1t procured from said city and now holds
the right and franchise to lay down its
mains and pipes and all connections in
the streets Of said city, and to supply the
city and its Inhabitants with water for
profit. That It has made ample provision
for supplying the Inhabitants OF the city
with water, as 1t is authorized by law to
do so and has invested large sums o.
money in the acquisition OF said plant.
That in pursuance of its charter OF fran
chises granted by the city. the San Diego
Water company constructed and put IN
wells and pumping plant in the San
Diego river, and a distributing system
within and throughout the said city, con
recting the same with said pumping sta
.ion. That said company expended In the
construction of its said system large
sum Of money, not less than 0O,OO0 and
that 1t was enabled thereby to furnish sail
city with water, as demanded, and the
money SO expended was necessary for the
purpose of furnishing such water That
on the 30th day of September 1856, the San
Diego and Coronado Water company pur-
chased from said San Diego Water com
pany all their property for $125OOO. That
under its ownership the San Diego and
Coronado Water company made necessary
expenditures in enlarging their water sys'
tenn Involving an expenditure OF over
S7OO, 600. That up to and including the
S1st day of December, 1897 plaintiff has
expended In making additions to Its system
as then required the sum of 81 l,1S9,O22, and
that such expenditures were necessary by
reason of the continued growing needs OF
defendant city Of San Diego. That iei or
der to obtain the necessary water rights
water and distributing plant the Plaintiff
was compelled to. and did, issue its bonds
in the sum Of s., 900. 900. and that it is COM
PEELED to, and does, pay as interest Oh
said bonds $4,000 per year. That the an
nual expense of operating said plant Is not
less than $50, 900 per year, and that during
1897 the company necessarily expended S6S.
s24.51. That during the year commencing
July /, 1898, and ending June 80. 1899. the
plaintiff must expend not less than SGO,co(
on the plant and $4,000 on interest, and ir
addition a number of unforeseen costs, the
amount of which cannot be stated Thai
the only source from which the plaintifl
can derive a revenue Is from rates to pf
charged: for furnishing water to the said
city as fixed and allowed by the common
council of said city. That d4ing the
month of February of this year the com
mon council did not establish just o.
reasonable rate to be charged for waite
during the ensuing year. and will not yielt
sufficient revenue to pay these charges
Plaintiff therefore asks that the ordinance
be declared null and void, and Of no effect
Damage Suit
DR.. J. C. Hearne has filed an amended
| complaint in the superior court in his sui
for SIC, 900 damages for libel against M. II
De Young and J. f. Blunt. The stor.
published in the Chronicle on August 26
1894, of the murder Of Amos .Stillwell, a
Bowling Green, Miss, which is alleged t,
have contained the intimation that Hearn
was connected with the crime. is made tn
cause for the suit. DR.. Hearne prays 70
| $50, 900 damages for injury to his bushes
and for an additional $4,000 damages TO-
injury to his reputation. This is the thr'
| trial of the case. In the first the jur.
failed to agree upon verdict; the secon'
gave plaintiff Judgment for $4,000 dam
ages, but the supreme court reversed thi
| decision.
| Collector Bowers
| Collector-elect w. W. Bowers receive,
| his commission Saturday from Washing
ton appointing him collector for the por
| of San Diego. Today Mr.. Bowers i
| taking over the documents pertaining
to the office, and tomorrow will enter upo
the full duties of collector. w. w. Stewar
has been appointed Mr.. Bowers chic
deputy and is on\of the best qualified me-
for the position in this section of the state
The cherry crop at Mesa Grande. thi
county promises to be EXCEPTIONAL
heavy this year.
National City, Escondido and Oceansid
are holding their annual elections Of off
GERS today.
The remains Of Mrs. Mary E. Turner, VIII