The San Francisco call., 1899-10-20
WATER COMPANIES MAY
NOT SHUT OFF SUPPLY
MUST SELL TO ALL PATRONS
WHO PAY.
Decision by Judge Hawley of Interest
to Farmers, Miners and House
holders Throughout the
Country.

United States District Judge Hawley of
Nevada handed down an opinion yester-
day in the United States Circuit Court Of
Appeals affirming the right of an indi-
vidual, upon his paying the rates, to be
supplied perpetually with water by a
corporation engaged in the business of
selling water. The opinion is of great i'm
portance, not only to every householder
but to every farmer, miner and stock
raiser in the country.
The original suit was filed by James NJ.
Sharp q citizen of San Diego County,
against the San Diego Land and Town
Company, corporation organized and
existing under the laws of the State of
Kansas. The corporation had become in
yolYed in litigation with a bondholder,
Sharp's water supply upon the plea that
his land was upon higher ground than
that of the remainder of the patrons OF
the corporation, and that he should pay
a higher rate than others. Sharp claimed
that under contract between himself
and the corporation, he was entitled to
perpetual use of the water upon his pay
ing the legal rate. 1t was urged on the
other hand that the contract was invalid
and void and that even if valid, it could
be terminated by either party at any time.
The United States Court for the Southern
District of California gave a decision IN
favor of Sharp, whereupon the Land and
Town Company appealed. After quoting
numerous authorities to show the Welsht
and effect of contracts of the character,
Judge HaWley said
1t is enough to say that the Supreme Court
of California, in constituting the same mas
uniformly held that the various provisions
with reference to water and water rights
for distribution and sale must be read to-
yether and given a practical common-sense
construction and be construed with refer
ence to the prior state of the law ana the
mschiefs intended to be remedled by tne
change in the organic law in relation
thereto; that the use of all wafer appro-
Driated for sale, rental or distribution is
Nv TIE constitution expressly declared to be
nuhIic use and subject to the regulation
and control of the State, subject to certain
nroyisions in respect to the rates or COM
nensation to be collected (Which has no
annIication to water furnished by munich
naiities). that the constitution expressly de-
claras that such rates or compensation shall
he fixed in a certain sDec1ned manner at
a certain time and by certain pody; thal
the right to collect the rates or eompen-
sation so established is declared TO be
franchise and cannot be exercised except
nv authority and in the manner prescribed
by the statute.
The right of the appellee to the continued
1,se Of the water does not, therefore, de-
mend upon any of the covenants expressed
in the written contract. and 1t is wholly
imma teral whether that contract was void
orlvaIfd The contract has eX-
nired and all its covenants expired with it.
II Is manifest that the appellee had acquired
a nuhIic use of the water necessary to irri-
gate his lands and he was and is entitled
to avail himself OF the privileges and rights
guaranteed him by the constitution, laws