Imperial Valley press., 1908-05-23

cised except by authority of and in the manner prescribed by law"
 Whereas, the Supreme Court of the State of California, in construing the foregoing sections have held as fol- lows:
 "The provisions of this section are both self-executing and mandatory.
 Spring Valley Water Works vs. San Francisco. 6t Cal S.'
 The Supreme Court, in referring to the foregoing provisions of the Con
 titutiou. held:
 Under this section, Che use of wa ter for sale is a public use, and the price at which it shall be sold. is a natter within the power of the Board of Supervisors to determine.
 Spring Valley Water Works vs. San Francisco, S2 Cal 2S6|
 The Supreme Court held: since new Constitution, Supervisors have power to fix and determine rates or compensation to be collected from city and county, as we'll as private per sons.
 "P. w. Factory vs. Brickwedel, GO Cal 166-171'
 The Supreme Court held: All ordi- uances fixing rates subsequently, to the month of February and prior to July the first, when it is required ~tO take effect, is equally valid, if passed voluntarily, as if passed under per emptOry process.
 Fitch vs. Supervisors, 122 Cal. 2S5.
 The Supreme Court held: "The rule calling for supply of water upon tend CT of established rates precludes idea that any other duties can be implied or imposed, except tender of rates as condition for supplying water as re- quired by law.
 Grow vs. San Joaquin K. R. c. Irr. Co.,, 13O Cal. 309-313.'
 Supplemental to the foregoing pro- visions of the Constitution of the State of California and decisions construing the same, as cited, the Legislature of Chap. 115, amended 1S97 page 49, 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 a fran chise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regulated and controlled in the coun- ties of this State by the several boards of supervisors thereof, in the manner prescribed in this act.
 Sec. 2. The several boards of SUI 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, hav- ing, or to have appropriated water for ale, 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 payers 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 Inn 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 Hon. orable Body to fix and establish the maximum rate or rates at which the California Development Company Ca corporation organized under the laws of the State of New Jersey), and allied corporations who are now or who may become, directly or indirectly interest ed in the control, sale, rental, or dis tributiOn of water shall sell or distri- bute, and dispose of the same to the inhabitants and users of water in I'm perial 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 Califor- mia, this the 18th day of April, A. D. 1908.
 Sam Webb J. M. Fowlkes, l.. F. Gray, Jasper McCune, George South well, H. McKusick, M B. Condrey, B. E. Bennett A. D. Hull, D. w. Harring- ton, A.. Gerdes M. c. Gale, Fl. A. F. Miller, A. C.. Toprahanian, Louis Scharmann, w. V. Baker, c. C.. TOney, w. J. Van Dorin, Jacob Duman, w. L.. Brite, T. J. SoWles, J. w. Mccoy, J. ". Lindsay, R. s. Stratton, w. J. Orig gers, Dan Dayison, J. Belcove, s. S. Starr, s. c. Mack, Chas. Fernald, J,
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