Imperial Valley press and the Imperial press., 1906-06-16

WHICH 0lVi0en0S are JO De uSCldI6u duu paid. We therefore conclude that the board of supervisors has no right what ever to fix the rates at which the Im- perial Water Co.,, No. |. is to furnish water to it's stockholders.
 The next question which has been suggested is whether or not the Imper- ial Water Co.,, No 1. must furnish water to persons whose land may be accessible to the ditches of that company, but who are not stockholders of the company and as already stated, the company not only may not be compelled to furnish water to such persons, but has no right SO to do, under it's articles of incorporation.
 We gather that there seems to be an impression abroad that a person who owns no stock in the corporation may may demand water of the company, and that the company is then bound to de- liver water at the regular rate, whatever that may be. We are at loss to under stand how any such belief can be enter tained, because, as already stated, the Imperial Water Company No. 1. is not engaged in selling water to the public generally, but only to it's stockholders, and the stockholders rights are limited to the rights which they have as stock holders of the company. Neither the stockholders nor persons other than stockholders have ever made appropri ations of water or done any act upon which claim of right can be based.
 In discussing this question, it is some times asserted that the Imperial Water Company, No. l. is a common carrier. We do not understand what is meant by this term "common carrier". A com mon carrier is defined in our Civil Code, Sec. 216S, as follows;-
 "Every one who offers to the
 public to carry persons, property or
 messages, excepting only telegraph
 ic messages, is common carrier of
 whatever he thus offers to carry".
 Now the Imperial. Water Co.,, No. 1. is not organized as public carrier has never offered to the public to carry water through it's ditches, nor has any land owner ever owned any water which he could request the water company to carry. The stockholder does not own the water until it is actually delivered to him on his land We therefore con clude that the Imperial Water Go. No. 1 can furnish water to no one except the stockholders, and that persons other than stockholders have absolutely no right to any of the waters distributed by the Imperial Water Company, No. 1.
 Another question which has been presented for consideration is whether or not the stock of the Imperial Water Co.,, No. is appurtenant to the lands of the holders of the stock. Sec, 324 of the civil code provides with reference to the stock appurtenant to the land, as follows;-
 "Provided, however, that any cor poratioc organized for, or engaged in the DuSlleSS OI S0llluS, ulSGTlDuClHS1 supplying, or delivering water for irrlga- tion purposes or for domestic use, may in it's bylaws provide that water shall only be so sold, distributed, supplied, or delivered to owners of it's capital stock, and that such stock shall be appurten- ant to certain lands when the same are described in the certificates issued there for; and when such certificate shall be soissued, and a certified copy of such bylaws recorded in the office of the county recorder in the county where such lands are situated, the shares of stock so located on any land shall only be transferred with said lands, and shall pass as an appurtenance thereto.
 It will be observed that in order that stock may be made appurtenant to the land, three distinct conditions must be complied with:-
 First, bylaw must be adopted by the corporation providing that the water shall only be sold, distributed, supplied, or delivered to owners of the capital stock, and
 second ;-the bylaw must further pro- vide that such stock shall be appurten- ant to certain lands when the same are described in the certificate issued there for, and
 Tbird q certified cOnv of such hv-Iaw