Imperial Valley press and the Imperial press., 1906-05-19

allow any cattle, horses, hogs, or other animals to pollute the waters of any ditch belonging to the Company, as above provided, said stockholder SO violating the provisions hereof, or whose employees, tenants or tenants employe shall SO violate the provisions hereof, shall be subjected to a penalty of $25.00 for the first offense and 5000 for the second offense and $1OO.OO for any later violation of this Bylaw, which said sums shall become immediately due and payable to the Company immediately upon such violation, and neither stock holder or tenant shall, until such pen alty is paid, be entitled to receive any water from the Company, said sum when paid, to be paid to the Superin- tendent, and to be placed by him in the general fund of the Company
 do hereby certify that the above is a full, true and complete copy of the by- laws of Imperial Water Go. No. l. and the amendments thereto.
 E. R. BAKER.
 Secretary. Imperial Cal. May 16th 1906.
 It can be seen by an examination of these bylaws that they contain no pro- visions which carry Into effect the pro- viso of Sec. 324 of the Civil Code. All reference to stock certificates and their transfer read the same as they would were Imperial Water company No. 1 a common carrier of water and operating under the general laws of the State. The only clause that has been adopted by the stockholders as bylaw which even remotely resembles compliance with said proviso is the bylaw adopted January 9th last con- cerning the location of less number of shares of stock than there are acres of land In the holding of the stockhold- CT This bylaw was adopted to pre- vent the landowner from buying a few shares of stock at a delinquent sale or otherwise and having 1t located on a tract containing more acres of land that he owned shares of stock in the water company and then demanding water for his entire tract. It is also aimed at the possibility of anyone To- eating stock on one tract of land and using the water on other lands that are moi supplied with stock The ad- option of this bylaw under the circum- stances is a prima facia proof that Im- perlal Water company No. was op eratlng. had operated and at the pres ent time is operating as mutual wat CT company insofar as the supplying of water to none but stockholders and to no land not supplied with stock is con- cerned. It is also fact that they supply no water 10 land that is not de- scribed in an outstanding stock certifi- cate. While this is true if is also true that they deliver water to lands be- longing to one party where the stock on that land belongs to another party, but in such cases they require an or der from the stockholder for the delv- cry of the water and collect In advance for the water from the landowner. In view of all these facts the next ques- ton Is, how does 1t happen that this corporation is carrying on the business of mutual water company, restricting Its operations to Its stockholders only and requiring all lands supplied with water to be described In outstanding stock certificates while meantime the bylaws of the company have been si- lent on all these subjects. We have looked into the matter to some extent and believe we have found the answer to this question. It is found in the ar