The San Francisco call., 1899-05-20
WATER COMPANY'S
BILL FOR MARCH
WILL Be PAID
Agrees to Reduce It's
June Demand.
ALTA PLAZA DISPUTE ENDED
ALLEGED oVERCHARGES NOT
sUBSTANTIATED.
ALLEGED OVERCHARGES NOT
SUBSTANTIATED.
The Attorney for the Corporation
Backs UP His Contention With
a Clear Explanation Of
the Law.

OIL Supervisors ana the spring Ndltey
Water Company over the payment of
the company's bill for water furnished
the city during the month of March
has been finally settled and the COM
pany will get the full amount of it's
claim. 1t was alleged that during the
past five years the water company had
charged for water furnished the whole
of Alta Plaza, when, as matter of
fact, only half of the plaza has been
under cultivation. 1t was claimed that
these overcharges amounted to $6110 92,
and an attempt was made to deduct
this amount from the March bill.
The matter was referred to the Com
mittee on Water and Water Supply for
investigation and was takenup for con-
sideration at the meeting of the COM
mittee held yesterday morning. Edward
Deadly, exgarde1er of Alta Plaza, was
called as a witness and testified that
during the years 1897 and 1898 no water
was used on the unimproved portion
of the park. He admitted that mains
and pipes were in place and the water
ready for use but could not remember
but orfe or two instances when 1t had
been used. 1t developed, however, that
in the latter part of 1894 the city let
a contract for the grading and improv-
ing of that portion of the plaza now in
dispute and that water was used BY
the contractor for u year thereafter.
George Z. Booker, chief clerk for the
water company, said water had been
used on the disputed portion of the
plaza during the greater portion of
the period covered by the alleged over
charges. He also said that not until
the park was under cultivation did the
company put in It's bill to the city. He
stated that it was a general rule with
him never to make any charge until
a place vas under cultivation.
Supervisor Byington asked Mr..
Booker if he could tell what amount
of water had been used in Alta Plaza
from October, 1894, to the present time,
but Mr.. Booker was unable to enlight
en- him. He did say he had seen the
water used, but added that he did not
think the park was kept up in very
good condition
The chief clerk informed the com
mittee that the bills of his company
had frequently been voluntarily re-
duced. He said the water company had
charged the city a a low rate so as to
keep within the one-twelfth act. as it
could not afford to come before the
board and have its bills tied up, as
pany losing a part or even the whole
of the amount of it's bills. He also
said the company was making its
charges less than they should be if the
legal rates were charged in every in
stance.
Mr. Booker testified that he lived in
the vicinity of Alta Plaza and watched
it's progress. He was positive the water
had been used.
At the conclusion of Chief Clerk
Booker's statement Attorney Kellogg,
representing the water company, said.
THE. evidence shows conclusively
that water was supplied to the entire
Alta Plaza Park in 1894 and that for
nearly it was continuously used
by the city in irrigating that park
Afterward the city used the water on
the disputed half of the park and never
from the time water was turned on
by the company until the month of
March, 1899, did the city ever orally
or in writing notify the company that
1t was not using or did not desire to
use the water. And the company did
rot know until March of this year that
the city desired to discontinue it's use
Even then the authorities desired
the water to remain on the unused por-
ton of the park. but requested that the
amount be deducted from their bills
This was Immediately done and has
since been done.
"All the bills from 1894 to March. 1899,
were audited and approved by the
proper committee of the board, and by
the board and the city officers, and
paid. This was done after the very
question now under discussion had been
thoroughly investigated by the preced-
ing board, acting under the advice of
City and County Attorney Creswell
which / will read to you. 1t is as fol-
lows:
Liability of city and county to be
charged for water when notice to dis
continue supply has not been given.
February g. 1895
To the Board of Supervisors: | am
in receipt of the communication of the
joint committee on Judiciary and
finance OF. the board dated January
~, 1895, asking my opinion of the LA
Water Works for water supplied in
the month of December. 1894, for pub
lie squares and parks. The charge
was made under resolution No 10 049
Qhird series, adopted by the Board of
Supervisors March 12, 1894 which is
the present water ordinance
| do not of my own knowledge know
whether or not water belonging to the
Spring Valley Water Works had been
prior to December, 1894, supplied by
for the irrigation of the public squares
and parks by means Of pipes or other
wise extending INTO the same, and If
so, whether the water was in Decem-
ber, 1894, ready for the use of the city
and county for that purpose at the
pleasure of its employees.
] will assume, however, that such is
the case, and that prior to December.
1894, the city and county had been us,
ing the same.
There is a general rule of law. sun
ported by decisions too numerous TO
cite, that "a sale is perfected by de-
livery when the property is so stu
ated that the purchaser is entitled to
and can rightfully take possession of
it at his pleasure"
Benjamin on Sales Sd Am Ed 500
6T9. cases cited
Means VS.. Williamson. 81 Me. 55e
If. then. according to this rule of
law, the water had been delivered nv
the Spring Valley Water Works IN
December. 1894. upon the public
squares and parks for the use Of the
city and county for irrigation and was
so situated that the city and countv
was entitled to and could rightfTlIy
take possession of it at pleasure. then
the sale of it to the city and county
was complete, and the cost of the
same at the established rates is q
legal charge against the city and
county.
Resolution No. 1o,O49 is the present
water ordinance of the Board of Su-
pervlSorS.
Section IA of this resolution REQUIRES.
in effect, that all consumers shall give
notification to the company in writing