The San Francisco call., 1908-10-10
COMPANY CAN NOT
TURN OFF WATER
Law Prohibits Spring Valley
From Stopping Supply, Says
Supervisor Murphy
Cites Precedent Established Last
Year in Marin County When
Corporation Was Restrained

Direct issue with Spring Valleys
contention that the company is war
ranted under Judge Farringtons re
straining order in turning off water
from consumers who tender only the
sum due under the supervisors ordi-
nance and who refuse to pay the 10
per cent extra was taken yesterday by
Supervisor Murphy. Murphy pointed
out that the court order in clause 1
provides complainant CSpring Valley)
may fix fits charges for water 5S agree
ment with its consumers" He said:
The court here limits the company
not to exceed a maximum of Is per
cent over the ordinance rate, and only
empowers il to exercise its so called
right Of contract by agreement with
the consumer
TO make the matter still palmer, "
continued Murphy. the court orders in
clause 10 that nothing herein con-
tained shall be so construed as TO re-
Ouire any customer or purchaser of
water to pay charges for water which
may be made by the company. or to
pay any bills rendered in excess OF the
rates fixed in said ordinance.
The only proviso. said Murphy.
appended is that provided that if any
customer or customers pay higher
rate, the difference between the amount
which would be paid II said ordinance
remained in fun force and effect shall
be impounded as hereinbefore pro-
Nided.'
PRECEDENT Is CITED
Quite aside from the care with
which Judge Farrington's order hedges
round the rights Of the consumer" said
Murphy. the whole contention OF At
torney McCutchen for Spring Valley
falls before a precedent established
last year in precisely a similar case.
The North Coast water company had
secured a restraining order in Marin
county from Judge Lennon and rely
ing upon the force OF il threatened TO
turn of the water of q consumer who
rendered the ordinance rate. The citi-
zen secured a restraining order from
Judge Lennon against the company de-
barring il from any such action.
The restraining order was tempo
rary. limited TO 10 days. but the water
company at once realized that its posi-
tion was Cntensble and dropped its
proceedings in court as well as its at
1empts at intimidation in the way of
shutting of water
Judge Lemons order restraining
the water company from doing pre-
cisely what the Spring Valley officials
now threaten, after reciting the facts
that the said Fl. G. sedgwick. plaintiff,
had rendered the fun rates Of the ordi-
nance and had no other supply. pro-
ceeded 10 chain up the company as fol-
lows:
JUDGE LENNoS,S ORDER
IS And il further appearing that said
plaintiff is entitled to relief demanded
n c-fI -T.-,s,-
= ndant is restrained by this court. It
viii turn of the water from the prem
ises Of said plaintiff as alleged in said
complaint
Now, therefore, 1t is ordered, ad-
judged and decreed, pending the hear
ing Of the order to show cause. a COPY
OF which is annexed to this restraining
order, and until the further order OF
the court in these premises. YOU. the
said defendant. and all your agents,
officers and employees and all others
acting in aid or assistance of you. and
each and every one OF you, do abso-
luteiy desist and refrain from inter
fering in any way with the water pipes
reading to the premises of the said
plaintiff or upon the said premises. or
IN any way turning off, diverting or
interfering with the free and unre-
stricted flow of water into or upon the
ftNiNiSS9 q Sdio plalhtin, and from en-
Iering into or upon said premises for
any Of said purposes. And il is fur
ther ordered that the plaintif deposit
with the clerk Of this court the sum
OF SIS in cash in lieu of bond to the
defendant for any loss or damage
which may accrue to the defendant bv
reason Of the issuance of this restrain
ing order If it should be finally deter
mined that plaintiff was not entitled
10 the same.
THOMAS J. LENNON.
Judge of the said Superior Court
San Rafael, February 10, 1907"