The San Francisco call., 1904-06-15
WATER RATES
AWAIT COURT
Spring Valley COmpany's
Application for an In
junction Is on for Decision
ARGUMENT Is CLOSED
Time to Be Allowed Cor
pOratiOn for Filing of
Bond if Plea Is Granted

A few days before July 1 Judge Gil
bert Of the United States Circuit Court
OF Appeals win hand down his deci-
sion regarding the application Of the
f Spring Valley Water Company for an
interIocutory injunction to restrain the
city ard county OF san Francisco from
enforcing the water rates adopted by
/ the Board OF Supervisors for the year
( beginning July L
Final argument IN the case closed
yesterday afternoon when Attorney
Kellogg. fer the company. made the
last address. The court stated that the
case would be taken under advisemeut
and an effort would be made 10 rem
der q decision at least two days prior
10 the going into effect OF the ordi-
nance regulating water rares. Mr.. KeI-
Iogg requested the court to fix the date
Of handing down the opinion SO as TO
give the company ample time TO fur
nish bonds, in the event Of the injunc-
ton being granted. The court said
that would be done
AT the morning session Assistant
City Attorney Partridge continued his
argument He contended that the peo-
PIE Of San Francisco rather than the
Supervisors were the real defendants
in the case The history OF the Spring
Valley company had been one long
series OF attacks upon the statutes Of
the State and particularly upon the
ordinances Of san Francisco, hence the
application for the injunction should
D - 4y-
COMPLAINT Is THREAT.
/ Mr.. Partridge claimed that the COM
plant Of the company was an implied
threat 70 shut OF the water from the
city unless the rates established in
1902 were allowed 10 stand. he be-
Heved the court should take that fact
F into consideration as an issue wherein
. the community was under stress.
Al Of the points presented by the
. company through afidavits and by the
law cited By Mr.. Kellogg were gone
over and Mr.. Partridge asked thar the
F Injunction be not issued
Mr.. Kellogg contended that the mon
ey involved and the ultimate results
required an answer BY the city, which
had not been given and, further, the
injunction prayed for should be grant
ed The afidavits presented by the
city were criticized as unreliable. while
those furnished by the company were
from men who were IN daily touch
With the business affairs OF the COM
pany and knew whereof they spoke.
IN the matter Of revenue, he said the
company would not be satisfied with
an income Of five per cent On its IN
vestment, as figured by the Boari Of
Supervisors, for that would practically
put the company out Of business. The
company is entitled 10 as much pro-
lection as any individual. but under
the rate prepared BY the Board OF Su-
+ pervisors it would not get #
LAAIENTs PUBLIC FEELING.
Mr.. Kellogg Iamented the fact that
all the wisdom exercised by the COM
pauy for the Improvement Of the water
supply had been turned against them
and resulted IN a detrimental public
estimate Of the holdings Of the COM
pany.
The cost Of supplying water IN the
Eastern cities and in san Francisco
was comuared and the climate and
other differences were explained One
reservoir OF the company would be sUf
fcieut IN the East 70 supply a city ten
times the size Of this. but here many
are needed, but the difference was not
considered by the board when it igur-
ed on the company's property All the
company asks for is just compensa-
ton, and that the proposed rate would
not give
As a last plea Mr.. Kellogg said that
II the Injunction was denied it would
mean that the company would be con-
Geuned before IL had been tried.
This morning the application Of the
Contra Costa Water Company for an
Injunction against the city Of Oakland
viii be heard on the same plea as the
case Just submitted by the Spring Val
ley company