Los Angeles herald., 1907-10-24
LIT TIE JOKER
is FOUND IN
PIPE LINES
CAN ONLY OPERATE SYSTEM
FOR PASADENA ALONE
SOUTH SUBURB COULD MAKE ITS
OWN RATES
If Lake Vineyard or Pasadena Land
and Water Company Purchased
Only Part Could Be
Maintained
BY L. GEO. THOMPSON


The disclosures in The Herald OF the
water deal have been the means OF OPEN
ing the eyes of the citizens of Pasadena
to the critical position in which the city
stands on the water matter.
One of the immediate results Of the
stories already printed is the disclosure
of the contents of the correspondence
between Dillon & Hubbard and the
city attorneys for the city.
AS recited in The Herald yesterday the
final letter directed to Attorney Fitz-
geralu was given to the press by Mayor
Farley, who interprets it as favorable to
the contamination of the water proceed
ings under the original vote of the peo-
pie Notwithstanding Dillon & Hubbard
say '.it is not certain that the courts
would sustain the right to make the
purchase now under the existing vote
In reporting the contents of the letter
morning paper made the error OF print
ing the word restrain" instead OF ''sus-
tain" The change in the wording made
a material difference in the effect Aof
the opinion, which changed effect Is con-
tradicted by the letter of Dillon e. Hub
bard addressed personally to Mr.. Water
| house in which Judge Dillon's opinion
is expressed as follows:
1.-THE proposed purchase is at an end
unless you make a new contract with
| the companies and submit that contract
| to the people, or unless you proceed to
condemn the property and submit to the
vote of the people the question whether
the properties shall be acquired by con-
demnation proceedings.
Mayors Position untenabIe
| Mayor Earley's position on the water
question appears untenable If any weight
| is TO be attached to the opinion Of Judge
| Dillon, who has the reputation OF being
an auinorlly on municipal Questions.
! AS the mayor has expressed 1t as his
belief that the proceedings could be con-
summated under the original vote or the
people and has proceeded along that line
l.he evidently disregards the value OF s.le
| opinion OF Dillon 81 Hubbard.
| 1t has been argued by good authority
that the city could not purchase the
pipe lines outside the city not used for
supplying the inhabitants of Pasadena.
The contention is based on the provision
In the city charter in article one, section
three and paragraph eight, which READS:
1.-THE city shall have the power to con-
struct and maintain waterworKs, plpes,
pipe lines, aqueducts and hydrants Tor
supplying the city and its inhabitants
with water and the right to supply water
to persons who live without the city
limits" The charter as 1t stands was
amended on February 20, 1905.
originally IT TedQ. " COnSli oSe oA3~-
maintain waterworks, pipes, pipe lines,
aoueducts and hydrants for supplying
the city and it's inhabitants with water
and for supplying to such persons VINO
live without the city but along or ad-
iacent to any pipe line or aqueduct USED
in supplying the city and its innapitants
with water" This change was made IN
the charter to suit the needs o. the per-
sons engineering the water deal, as VIII
be shown.
Charter Rights
The city would have the right under
the charter and the state law to supply
South or East Pasadena with its surplus
water, but the right to maintain ana
operate a water system that did not sup
niv the inhabitants of Pasadena is not
granted by the charter. The erect OF
this would be that If the city should
purchase the properties or the Lake
Vineyard company or the Pasadena Land
and Water company they would not nave
the right to operate the system outside
of Pasadena other than that part that
is used In bringing the water TO the
citys inhabitants. ~
The surplus water could be carried
only so far as the city boundaries and
there delivered into the pipe lines or the
present water companies for them to
distribute. In respect to the pipe lines
from Corral springs on the west SIDE
of the Arroyo Seco opposite the end or
West Walnut street, which is used 1or
supplying the city of South Pasadena
exclusively and to which water the city
of South Pasadena has a legal claim
if the city of Pasadena acquires the
entire property of the west side COM
nany they will be forced to continue
service that in no way benefits the city
of Pasadena but must be supported by
the taxpayers.
Pasadena would not even be in po-
20 av hn taa tho WQter thus
supplied as that is matter for the
city council of South Pasadena.
The same condition applies in much
the same manner in respect to the east
side company, as 1t Is now supplying
water and must continue to do SO per-
petually to persons outside the eastern
boundaries of the city.
Embarrassing for City
AS the charter does not confer the
right on the city to maintain and operate
such as those described 1t would place
the city in the embarrassing position OF
having to assume the obligations of the
companies which 1t succeeded so far as
supplying the water was concerned ana
yet leaving the distributing systems In
the hand Of the original water COM
panies.
Under the original section Of the char
ter the city could maintain and operate
such distributing systems II they were
adjacent to pipe lines or aqueducts usec
for supplying the inhabitants OF the city
The change in the charter made II
possible for the water companies to re-
tain their title to very valuable part
of their property and yet the city would
be forced. If 1t contaminated the present
deal, to give up considerable part OF
its water
Mayor Farley seems to hold to the
opinion and has stated to The Heraid's
representative that the decieion OF the SUI
preme court In the cases now pending
would settle all legal difficulties. and Il
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