The San Francisco call., 1907-03-03

the Phelan idea, involves the taking Of
water from the TuIoumne River in
Yosemite Park, where the Government
will grant free privileges and reser-
voir sites-the cost 70 the city to be the
actual cost Of construction The op-
ponents Of the scheme in the State say
that the taking OF this water would
rob the famous Modesto and Turlock
irrigation districts OF their irrigation
supply.
The first legal move IN the present
situation Will have to come from the
Spring valley-it Will have to enjoin
the city's seizure of the property and
IL viii have to prosecute the case by
attacking the constitutionality of the
State constitution under which the for
feiture is now possible. II il comes to
a need of testimony to show that the
company has IN fact collected rates in
excess Of those fixed by the Super
visors a year ago there VIII be plenty,
for any number OF citizens have offered
their testimony. A circumstance is re-
lated where a bill for five months.
amounting to more than 5000. was col
lected for a house on Devisadero street,
and the rate was the rate OF 1902
about 10 per cent more than the legal
rate for 1906. Other householders who
refused TO pay the advanced rate had
their water shut of and had not only
to pay the bill but the cost of discon-
Meeting and connecting the pipes.
GALLAGHER DISSATISFIED
While Acting Mayor Gallagher says
he is sincere In his belief that the city
has the power to declare forfeited to
the municipality the plant of the
Spring Valley Water Company for
violating a constitutional provision by
collecting charges IN excess of the
legal rates for water. he does not re-
gard Burke's idea that the city take
fOrcible possession Of the properties
as the wisest course to pursue in the
premises. In fact, Gallagher is free to
admit that Burke's drastic recommen-
dation, IL carried out, would probably
defeat the very object sought to be
attained by the resolution OF the Board
Of Supervisors declaring the properties
Of the company escheated to the city
lation of the law. Besides expressing
himself In the manner indicated, Gal
lagher spoke as follows:
The City Attorneys advice in this matter. for
which. by the way, be was not asked officially
by the Supervisors, is certainly surprising and
rush into public print. he takes an extreme
view Of the question, whereas the Supervisors
desire % proceed IN sane and esuno1s man nan
stituti0nal provision which empowers a munich
pality 20 acquire q water system IN q case
where such provision has been violated by charg-
ing for water In excess OF the legal rates
The point 70 be determined is whether the
State Constitution In any way conflicts with
the Constitution Of the United States. There
IS certainly proper legal procedure TO be fol
lowed. more effective than the stand up and
deliver policy advocated By the City Attorney.
proceed and II win be done in this way re-
gardless OF the Ul-considered advice Of the City
Attorney. Whether this city Will take the init-
attve or the Spring Valley Company will begin
proceedings to remove the cloudNnow existing on
It's title ie for future determination Suffice IL
10 say that we Supervisors mean business and
propose, II II be necessary, TO engage the most
eminent legal counsel TO look out for the rights
OF the city. as IL is matter OF vital impor-
tance TO this community.
sttu believe. / was properly quoted in
yesterdays Call, that a solution OF the CON
lroFersy would be for the company to reduce its
$50, 600 valuation on it's plant to an amount
approximafing that OF s25. 600 900 fixed by the
whether the plant should be purchased by the
city AT the latter figure.
WARNING FROM PHELAN
James d. Phelan sees In the move of
the supervisors evidences OF a compact
between the city officials and persons
who have a water system to sell to the
municipality. He believes that when
spring Valley shares have been driven
Tar down IN price they viii be pur-
chased by interests friendly to those
which desire to unload their plant on
the public Phelan says widows and
orphans who hold Spring Valley stock
should be warned against what he
terms the stock jobbing scheme" 1t