Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-01-21
JEWETT ANSWERS
AQUEDUCT BOARD
WILL REFER CONTROVERSY TO
WASHINGTON
Declares Owens Valley Line Had Ar
ranged Connections at MojaVe
Wit the Santa Fe
Company

President S. =. Jewett of the Los
Angeles & Owens Valley railroad yes
terday wrote a rejoinder to Mayor
Harper, Engineer Mulholland and
Chairman Anderson of the aqueduct
board regarding the controversy that
has arisen over the Owens valley lines
inability to bid for the aqueduct trans
portation contract. The letter reads:
1--WE beg to acknowledge receipt of
your favor of the 18th inst. and to
thank you for the same and for the
Information therein contained.
1--WE received a copy of the resolu-
ton passed by the board of public
| works respecting the consent of Los
Angeles to The approval of the right OF
way maps of this company, but on ex-
animation of the same do not find that
it bears out the statement contained IN
your letter, to wit: That the resolution
authorized the consent of the city TO
be given for such right of way, pro-
vided the same did not interfere with
the city's work
Contingent on Engineer
1.-THE resolution does no more than
call upon the chief engineer to investi-
gate and report, and makes future
action upon your part necessary, which
would be favorable to this company
only upon the contingency that the en-
gineer should report that our right OF
the acquisition by the city of lands re-
uuired for storage or right of way pur-
poses
"The resolution aforesaid does not
attempt to commit the chief engineer
to the making of favorable report.
This company is still unable to see the
necessity for any such investigation as
YOU have directed. 1t was not made In
the case of the Southern Pacific.
"If the maps had taken their usual
course in the department and had been
approved by the department the COM
pany's right of way would, as matter
of law, necessarily have been subor-
dinate to the superior rights or Los An
geles for aqueduct purposes upon and
across the lands withdrawn from entry
by the government for the beneht or
the city of Los Angeles.
1--WE presume that the aqueduct, when
constructed, will be crossed by many
rights of way, railroad and otherwise,
in the course of time, and these must
necessarily. as matter OF law be so
constructed as not to impair or IN
jure it.
1--WE thank you for your statement
that the city of Los Angeles never gave
it consent through any of its officials
to the approval of the Southern Pacific
right of way maps. We assumed from
the ruling of the department and the
fact that the Southern Pacific maps
were approved that 1t must have been
by your consent.
"You will readily see that any other
assumption would have been to impute
a very grave irregularity to the Of
ficiais of the department. Upon your
disclaimer, however, we shall now have
the matter investigated with care and
thoroughness by our attorneys at
Washington.
you are correct in your statement
that this company does not propose to
build a line to Mojaye, but incorrect in
the assumption that that would debar
us from making a bid for aqueduct
transportation, and take leave to re-
mind you that this company would
have a connection with Mojave, inde-
pendent of the Southern Pacific, over
the lines of the A., T. & S. f. railroad.
"At the time the specifications for
TRANSFORMATION were prepared and
COPY thereof submitted to our company
YOU may recall that the gentleman who
has been acting as an intermediary
in an effort to bring an adjustment of
the difficulties so persistently thrown In
our way, demonstrated with represent
tatiye of the city, 1 think with Mr..
Mathews, against the irony of submit
ting such specifications to us when city
officials were continuing to withhold
their formal agreement in writing 20
the terms of settlement that had at
tEat time been arranged.
CITY Did Oppose"
1--WE are pleased to have your assur-
ance that there has never been at any
time any opposition On the part of the
CITY of Los Angeles to the plan IF your
comnany for building line into the
Owens valley
1T is. nevertheless, unfortunately
true that for a period of nearly two
years the city of Los Angeles has per-
sistently and successfully sought to
prevent the granting of rights of way
by the government for the power