The San Francisco call., 1909-06-03

w. i. Brobeck.
"The source of a water supply is not
a public utiIity."-W. 1. Brobeck
w. l. Brobeck, counsel for Henry
Root. the dummy litigant, was routed
with a peal of his own thunder yes
terday afternoon in Judge SeaweIrs
department of the superior court. where
he was engaged in an effort to invali-
date the 5000. 900 bond issue authorized
by the voters for the purpose of Sc
curing land for reservoir sites in the
Hetch Hetchy valley.
Brobeck had devoted the morning to
a/Iong and eloquent exposition of the
theory that the bond issue was illegal
because it referred only to part of
the public utility required by the city,
arguing, in substance, that the source
of a water supply was not in itself
a public utility.
During the afternoon session while
Assistant City Attorney Thomas E.
Haven was speaking, Supervisor Daniel
c. Murphy entered the courtroom with
a twinkle in his eye and a red book
in his hand. The book was handed up
to Haven.
Il want to offer an eminent author
lfty," said Haven con the question of
whether on not a source of water is
| public utility. I will read from a
report to the Commonwealth club as
follows: An available source of water
| supply to meet the needs of munich
pality and its inhabitants, whether
such source of water supply be devel-
oped and in operation or not, is a
public utility within the meaning of
the charter. That report, your honor,
is signed by H. U. Brandenstein, Walter
B. Cope and w. l. Brobeck"
REPORT CAUSES LAUGH
The merry laugh was on Brobeck.
City Engineer Marsden Manson
chuckled aloud for 10 minutes after
ward, and Brobeck turned red. The
thrust was double edged, because Wal
ter B. Cope, who signed the report with
Brobeck, is his law partner.
Even E. j. McCutchen, the Spring
Valley attorney, who occupies the chair
at the hearing that Henry Root might
fill if he were present, joined in the
laugh.
Although the case is being fought
out on carefully arrayed legal points
there was considerable vivacity con-
tributed TO the argument by Curtis II.
Lindley, special counsel for the city
in all litigation growing out of the
Hetch Hetchy water project.
Brobeck occupied the morning ses-
sion and after the noon adjournment
Lindley took the floor Tor nearly two
hours.
Lindley criticised the views of the
nature lovers" who asserted that
Heteh Hetchy's pristine beauties would
be impaired If the floor of the valley
were turned into reservoir lake.
Secretary Hitchcock said" para
phrased the counsel, that to change
it from a swamp into lake is an an
Inhalation of natural wonder" He
continued more emphatically:
This valley is a rich mans play
ground. For-three months in the year
those who can afford to go there may
come on the hillsides. The common
people can not get there. If the great
city of New York can destroy houses
and towns TO construct its water sup
ply, this city should be able to utilize
this valley. If it were the only one of
it's kind, it would be a different mat
ter. But this water supply is a neces-
sity for San Francisco"
RIGHTS OF MUNICIPALITIES
1T is natural wonder" said
Brobeck.
WHO said that?" retorted Lindley.
John Muir or Mr. Young OF the
Chronicle? To say that it is a natural
wonder is sentimental rot and non
sense"
In opening Lindley said that, if a
fraction of the law advanced by Bro
beck applied, no municipality could
secure a water supply outside its own
confines. He asserted that the city had
as much power to negotiate for land
needed outside it's boundaries as an
individual or a private corporation, and.
quoted decisions to support his con-
tention that a municipal government
has discretionary powers in such mat
ters. Under the desert land law of
1897. Lindley said. there was no such
thing as riparian right, but the high
est utility had to be served.
Assistant City Attorney Haven fol-
lowed Lindley and attacked the legal
contentious advanced by Brobeck. Bro
beck's point had been that the bond
issue was defective because the propo-
sition for the entire utility, involving
a bond issue of nearly $43,000,00O,
should have been submitted to the
electorate instead of the issue of
100000 for portion of the project
Then he wound UP with Brobecks
histronic thunder.
The hearing should be concluded
today and submitted on briefs.