Imperial Valley press., 1908-04-25
tory prolIs

MN 2hilA NAAAN 0UNAN hNANs hN A N-AN calling for supply of water upon tender of established rates precludes idea that any other duties can be implied or imposed, except tender of rates as con dition for supplying water as required by law,
 Grow vs. San Joaquin K. R. c. Irr. Co.,, 130 Cal. 309-31S."
 Supplemental to the foregoing pro visions of the Constitution of the State of California and decisions construing the same, as cited, the Legislature of this State, Session 1885, page 95, Chap. 115, amended 1S97 page 49, Chap. 52; 1901, page 60, Chap. 62, among other things provides:
 The use of all water now appro- priated, or that may hereafter be ap- propriated for irrigation, sale rental, or distribution. is a public use, and the right to collect rates or compensa- tion for use of such water is fran. chise, and except when so furnished to any city. city and county, or town, or the inhabitants thereof shall be regu- lated and controlled in the counties Of this State by the several boards Of supervisors thereof, in the manner pre- scribed in this act.
 Sec. ?. The several boards of su- pervisors of this State on petition and notice as provided in section three of this act. are hereby authorized and re- quired to fix and regulate the maxi mum rates at which any person, com pany, association or corporation hay ing, or to have appropriated water for sale, rental, or distribution in each of such counties, may and shall sell, rent, or distribute the same"
 Section three, among other things provides:
 That whenever a petition of not less than twenty-five (25) inhabitants who are tax papers of any county of this State, shall, in writing, petition the Board of Supervisors thereof" the board petitioned shall proceed to es- tablish water rates, as petitioned for according to provisions of this section
 Now therefore, we, the undersigned inhabitants of and tax payers of I'm perial county, State of California, do in compliance with the foregoing pro- visions of the Constitution of this State, supplemented by the laws en- acted by the Legislature of this State, and as interpreted by the courts of this State, hereby petition your Honorable Body to fix and establish the maximum rate or rates at which the California Development Company Ga corporation organized under the laws of the State of New Jersey), and allied corpora tionS who are now or who may be- 6irnatI1y ind in in the control, sale, rental, or diStri- button of water, shall sell or distribute, and dispose of the same to the inhabi- tants and users of water in Imperial county, State of California, for the period of one year said rate to take and be in effect on and after July first, 1908.
 Dated at Imperial, State of Cali fornia. this the 18th day of April, A. D. 1908.
 Sam Webb, J. M. Fowllles, L. F. Cray, Jasper McCune, George South well, H. McKusick, M. B. Condrey, E. E. Bennett, A. D. Hull, E. w. Harring- ton, A. Gerdes, M. c. Gale, H. A. F. Miller, A. G. Toprahanian, Louis Schar- mann. w. V. Baker, c. c. Toney, w. J. Van Dorin, Jacob Duman, w. L. Brite, T. J. Sowles, J. ". Mccoy, J. w. Lind say, R. s. Stratton, W. J. Driggers, Dan Dayison, J. Belcove, s. s. Starr, 5. c. Mack, Chas Fernald, J. A. Hop kins, J. A. Mcbride, J. H. Eastman, P. J. Storms, w. D. Conser, Dan South we'll, F. G. Ravens, D. D. Pellet, J. F. Webb, w. H. ChoWning, l.. l.. Torres ter, David Dewitt Lawrence, M. s. Hughes.
 J. B. Eldridge, San Diego, Cal, at torney for petitioners.