The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-24
STRIKES BLOW
FOR THE CITY'S
WATERSUPPLY
Percy V. Long Presents Brief
Showing Municipality Has
Right TO Build System
Contention of Spring Valley Re-
futed by Many Decisions
Cited by City Attorney

City Attorney Percy V. Long struck
another blow yesterday in behalf of
the city Of San Francisco in its fight
for a municipal water supply. He COM
pleted an exhaustive brief combating
the contention of the Spring Valley
company that a California municipal
ity may not construct a water system
in opposition to an existing privately
owned plant This brief, which viii be
fled in the United States circuit court
at Los Angeles, will represent the city's
case as intervenor in the litigation en-
titled MADEIRA water works VS.. City
Of MADEIRA"
The MADEIRA case involves an issue
identical with that which the Spring
Valley has raised in San Francisco. The
city OF MADEIRA proceeded to issue bonds
for its own water system when the
MADEIRA water works. private corpor-
alton. rushed into court for an injunc-
ton. protesting that under the fed
eral and state constitutions, munich
pality had no authority to establish
an independent system The Spring
Valley company quickly joined in the
suit in alliance with the MADEIRA water
works. E. J. McCutchen, the Spring
Valley attorney, made an extended ar
gument before the court. Long, there
upon interviewed on behalf of the city
Of San Francisco, and joined with the
city of MADEIRA.
The situation in San Francisco is the
more remarkable in that the Spring
Valley first refused. to sell its plant TO
the city and now takes the stand that
the city has no right to construct the
Hetch Hetchy system. The company
has made elaborate preparations for
the contest and has expended the sum
OF $4,000 for an opinion from former
United States Senator John G Spooner-
CASE INVOLVES sIOO,OOO,OOO
The case. which will be decided by
Judge WeIlborn of Los Angeles. in
wolves in its widest scope, property to
the value of s1OO,00O,O00, and for that
reason viii be closely watched. II is
OF vital interest to San Francisco, but
Long expressed the belief yesterday
that the city was absolutely safe in
its position.
The city attorneys Office has only Is
days in which TO prepare its brief. but
has covered the matter in full detail.
Long was assisted in the work by AS
sistant City Attorneys Thomas E.
VIII be strengthened further by the
appearance of Raleigh E. Rhodes and
y. c. ColdWeu for the city of MADEIRA.
Attorney Frank Short of Fresno will
represent the MADEIRA water works and
z. J. McCutchen the Spring Valley.
The oity's brief attacks the conten-
tion that anything in the state or fed
eral constitutions can be construed as
Withholding from the city the power to
build its own water plant. 1t is point
ed out that exactly the opposite was in
tended. The brief quotes from the de-
bates at the constitutional convention
10 show that the document was framed
with the intention of giving the cities
the power to have their own water sys-
TENS. AS an illustration. the follow
ing extract from speech of Grace of
san Francisco is given:
4 am not certain that / clearly un-
derstand what is before the house. but
] am certain that I do know that the
people Of San Francisco, whom I repre-
sent. do not want to purchase the
Spring Valley water works. They do
not want anything in this constitution
that will aid and abet in any way that
company. There have been several
schemes TO buy the old rotten works
Of that company that has robbed the
city for the last 20 years, and the old
fumes and bitches that are pretty near
ready TO tumble in; and there are sew
eral schemes on foot for the purpose
Of fleeing the city of San Francisco,
and I want to oppose everything that
gravitates in that direction"
DECISIONS UPHOLD CONVENTIONS
The city attorney sets forth the fol-
lowing principle and then presents an
array of decisions, including one by
Judge Ross Of the court of appeals, in
support Of it:
A municipality may install and on
crate water works in competition with
2 private plant unless prohibited from
50 doing by law or contract Such
prohibition must be express and ex-
plicit and can not be implied Munich
pal competition may lessen the value
OF a private plant without the impair
ment OF the obligations Of any con-
tract arising out Of its franchise"
In summing up the city attorney
says:
1T is contended that nowhere do
we find evidence of purpose that these
two methods (public and private
plants shall be in operation in the
same city at the same time There
are many acts Of legislation which are
perfectly constitutional and legal for
which no evidence Of the purpose
thereof can be found in the consfit,,-
struction of the constitution as a grant
OF power instead of a limitation OF
power.
But when the intention Of the franz
ers Of the constitution is examined.
il is found that the whole purpose was
TO prevent monopoly and to promote
competition. That is conceded by all
parties. II public competition is i'm
possible il is easy to imagine circum-
stances under which existing water
companies in large cities would have
actual, If not legal, monopolies. The
monopolies sought to be avoided were
those OF private companies. The right
Of public competition is an important
means Of accomplishing that end"
In conclusion the brief says:
In conclusion, ii is submitted that
neither by express provision nor by
implication can guaranty against
municipal competition be made a part
of compliments franchise; that. there
fore. there is no equity in its bill of
complaint, and the demurrer thereto
should be sustained"
TRIAL. OF IeAITRA Mrn0NAI