The San Francisco call., 1908-10-31
LAWYERS INDORSF
CITY WATER PLANS
long and Curtis LindIey Uphold
Retch Hetchy and Lake
Eleanor Program
President of Merchants Asso-
iatiOn Expresses Satisfaction
Over Attorneys Advice


That they had ample legal authority
TO 90 what they have done toward
acquiring the Hetch Hetchy water
supply for san Francisco was the gist
Of the assurance given the supervisors
by their legal counsellor, City Attorney
Percy Long. and by Attorney Curtis
Linoley. in opinions made public yes
terday by Chairman Giannini at the
meeting called to consider the law
questions raised by the directors of the
Merchants association last week
President Andrew Davis OF the Mer-
chants association expressed has own
satisfaction and that OF. his fellow d.
rectors that the best legal advice con-
firmeo the course which the board had
pursued in obtaining Secretary Gar
FIELDS grant Of the Hetch Hetchy and
Lake Eleanor reservoir sites and in
bringing about the bond issue cleo
ton OF November r. when the peop4e
may accept the grant and clinch the
concession By voting the 100000 to
clear away private holdings and TO
start construction. Davis said:
We want TO thank you for your
courtesy In complying with our request
for Information on the legal points we
feared. Our association is heartily in
favor OF the general project and we
are glad TO receive these assurances
from the city attorney and Mr.. Lind
ley that the city's legal position is
sound"
Supervisor Giannini expressed the
hope that the directors and the mem
bers Of the association would take
heart and help push matters along TO
successful conclusion, and both 10
himself and to Supervisor Payot Di-
rector F. G. Sanborn and others ex-
pressed their satisfaction at the out
come
ATTACK on ENGINEER
Considerable amusement was caused
before the hearing opened by the free
distribution from some source Of
marked copies OF a weekly paper con- /
tanning a column attack upon Engineer
c. y. Marx professional integrity and
in intimation that the present board
hoped toT.knock down" SIS 900 out
of the Hetch Hetchy project. A mys
terious stenographer who privately /
vouchsafed the opinion that the Spring |
Valley had the city by the throat"
again recorded the proceedings.
Attorney c. T. Wright, after the read |
.ng of the the opinions confirming the |
eity's position. admitted that his OBJ
yectioas were perhaps not now Of much /
moment 70 the citizenship Of San Fran |
cisco, hut maintained that he still held /
them as a personal matter. He sug-
gested 70 Giannini that he present his |
objections ampiifed for the city attor- 1
ney's consideration. C4iannini said he /
would think il over. It was pointed 4
out later that there was really moth
ing TO prevent Attorney Wright from
giving the city attorney his counsel /
but that the city had already received
satisfying outside legal aid on the /
problems
Mayor Taylor. who was unable to be
present at the hearing later expressed /
his satisfaction that Attorney Lindley |
upheld the boards steps and his high /
regard for the value Of Lindley's in /
dorsement
QUESTIONS FOR LAWYERS
The questions propounded by the
Merehants association directors. as
framed by Attorney Wright were.
-First-Is not the effort to buy lands
outside OF the city limits for purposes
OF subsequent exchange merely and not /
Tor the purpose OF ever using the same |
IN connection with any public utility /
beyond the powers OF the board Of su- |
pervisOrs and therefore invalid and an |
opening OF the door TO successful in |
Junction proceedings against the bond /
issue7
.-Second-If the city and county were
able 70 acquire lands through the fail
dre OF any person 70 object to the /
proceedings or because the proceedings
were held valid by the court. could |
the city thereafter exchange these lands /
with the federal government for other |
lands when the charter contains no /
provision authorizing lands to be ex- |
changed? An attempt to exchange |
such lands would again open the door |
70 successful Injunction proceedings"
LINDLEY STATES FACTS
Attorney Lindley's refutstion of the
implied objections was direct. In sub |
stance he said:
The assumption embodied in the
statement of facts upon which these |
questions are framed is incorrect and
misleading
The facts are: BY far the greater
part Of the land TO be acquired is en-
braced within the area to be sub
merged-in Hetch Hetchy valley and
Lake Eleanor. It is held in private |
ownership The owners will not sell the /
necessary lands without disposing OF |
all their holdings in the vicinity.
The immediate purpose OF the pro-
posed bond issue is not to acquire land |
which viii not be used by the city. but |
TO acquire land actually necessary for |
reservoir purposes. The city is en- |
powered by the charter TO acquire land /
required for any public utility and may |
adopt any legitimate means to secure |
the needed property
The city in no way jeopardizes its |
title to the land because it acquires |
ether lands and transfers title to the |
government in exchange for like areas |
needed in the floor of the valley II |
is simply employing one method of ac- |
quiring or purchasing necessary prop |
erty.
Lindlay concludes: From a fair con-
sideration Of al the elements involved |
To Visit san Francisco
without seeing the Diamond Palace |
would be Ike visiting Europe without
seeing Paris. it is the most beautiful /