The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-04

SAN FRANCISCO, June ga de-
cision favorable to the city of Los An
geles in its action against q. E. Pome-
roy, Hooper ct al, was handed down
to-day by the Supreme Court in bank
The case has been fought through the
courts for the past three or four years,
and in the last two years 1t has had
two hearings in the higher tribunal
It was a contest Of the riparian own
ers of the water of the Los Angeles
River or creek and the needs Of the
people of the city Of Los Angeles. The
property-owners along the streams OBJ
jected to the city securing control of its
headwaters, and condemnation pro-
ceedlngs were begun. Many intricate
and public questions of law and equity
We're involved in the litigation, and even
the Justices of the Supreme Court were
unable to all agree on the issues pre-
sented.
The old city Of Los Angeles covered
four leagues of land, and under the Old
law by which its inhabitants obtained
their water the supply that could be
drawn from the stream was limited to
the people living within the four
over much greater territory, the prop
osition was put forth by the riparian
owners that no more water could be
taken from the stream than was neces-
sary to supply those living within the
original four league limit. The SUI
prene Court has decided that the city
has a right to water for its entire pop
ulation.
UP with reference to the water for the
mains, artificial lakes and pleasure re-
sorts, and again the Supreme Court de-
cided in favor of the city.
Another point also related to the
stream. 1t was known that there is
what may be called a double flow of
water; that of the surface over the
bed of the river and another, a sub
terranean stream below the bed of the
river. Are they one and the same
streams, or should they be considered
as separate? The lower court held that
it is all one stream, which appears and
flows and disappears, but still flows, ac-
cording to the nature of the ground
along it's course. This cut no small
figure in determining the amount of
damag es in the condemnation proceed
fngs. The city would pay the value of
the land. but the owners demanded
more. Their contention was that the
land possessed a greater value than
what appeared upon the surface,
namely, the subterranean stream which
flower Hereunder and they were en-
titled to extra damages. This was one
point on which the upper court was d.
vided, but the majority decided to up
hold the lower court against the con-
tention.
The decision upholds that of the lower
court, but Chief Justice Beatty dissents
IN regard to the four-league proposition.
The property involved in the case in
question is valued at nearly $4,000,
but the questions which the court has
decided are far-reaching and Of great
Importance.
WILL GREATLY BENEFIT LOS AN
GELES.
LOS ANGELES, June 3.-The effect
OF the decision given out to-day in the
supreme Court of the State at San
Francisco in the case entitled Los An
geles VS.. Ponferoy, will be greatly bene-
feial to the city. The city undertook
to condemn land in 1895 for water
works purposes. The claim was made
that the Pomeroy- Hooker lands were
over a subterranean channel, essential
to municipal water supply. The con-
demnation suit was decided in favor OF
the city, and the court fixed the valua-
ton of the land at $4,000, though its
owners held it to be worth about one
million dollars. An appeal was taken,
and the case has been pending for a
nf he n
cision affirms the judgment of the lower
court.
The decision may have a disastrous
effect on the water company's conten-
ton in the Crystal Springs case The
company there holds that the COM
pany's underground filtration system
does not take the water of the river
The city holds that it does
In the Pomeroy- Hooker case the same
point arose, and Judge Shaw, in in
structing the jury, declared that the
jury should not allow any damages fo1
the underground waters beneath the
Pomeroy- Hooker lands, since, under
certain circumstances, those waters
We're a part of the Los Angeles River
and belonged to the city. Exception
was taken to these instructions in the
appeal.
In July, 1895, the city issued and dis.
posed of $4,000 worth Of bonds fol
the payment of this award made by the
court.
There is great rejoicing among the
officials of the city and others inter
ested in the case. Mayor Eaton says
the news is the best he has heard fol
long while. Municipal ownership o.
the Water Works is now assured" h
says.
TRANSPORT ZEALANDIA.