The San Francisco call., 1909-04-28
TWO BILLS THAT
WILL NOT APPROVE
Governor Gillett DO0ms Hope of
Expediting Condemnation
of Spring Valley
There Can Be No Execution of
Time in Which to Pay
for Property

San Francisco's hope for statutes that
would give the desired assistance in
the condemnation of the Spring Valley
ernor Gillett when he announced that
he would refuse to sign the two water
measures now before him. He has
affixed his signature to the bill allow
ing the bay communities to form a
water district. but beyond that he de-
clined TO go. The governor made his
position plain last night in inter
view given out at the Fairmont hotel.
CONDEMNATION BILL DOOMED
OF the two measures passed by the
legislature and now awaiting his ac-
tion, one is known as the condemnation
bill. II provides that under the law
IL shall be considered a higher use for
city to own its water supply than
that such a supply should be owned
by private individuals. The object of
this bill was to give the city of San
Francisco fuller power TO condemn the
Spring Valley property through the
process of the courts. As the statutes
stand at present ii was feared that
the claim might be raised that the
Spring Valley was applying the water
TO the highest possible use and that
Nic GlAg COutQ tiOA CACANiSC d NolldCfniid-
tory power.
No EXTENSION OF TINE
The second of these bills extended
after contemplation from 80 days to
six months This measure was also
passed in the interests of the city of
San Francisco. 1t was held that q
bond issue could not be voted and the
money raised in the short time of 80
days. The legislature therefore ex-
tended the time TO six months. With
period OF six months in which TO act
the sponsors of the bin argued that
the municipality would have ample
time TO vote and sell its bonds and
then make payment
Both of these measures were drawn
under the direction of City Attorney
Percy V. Long upon the inspiration of
Mayor Taylor and the board of super
visors. Mayor Taylor was exceedingly
anxious that the bills should be signed
and made d personal appeal to Cover
nor Gillett. He not only wrote to the
governor expressing his desire that
the measures be signed. but he sought
a personal interview today. He was
unable to find the governor. but sent
a message embodying his wishes.
The governor said last night that
he had written to Mayor Taylor setting
LOtlA l44S iCdcOIc IOi ~ S16H
the two bills and expressing the be-
lief that the city could acquire the
Spring Valley property without fur
ther legislation.
REASONS FOR HIS APPROVAL
4 have signed the water district
BILL" said Gillett last night. but I
am not going 10 sign the two other
measures. These are the bills provid-
ing that municipality may condemn
a privately owned water plant and
that the time for payment after con-
demnation may be extended from 90
days to six months.
Il am not going TO sign these bills
because L do not believe they are
necessary II San Francisco wants the
Spring valley plant. it can go ahead
and condemn it under the existing
laws No further legislation is needed.
have written to Mayor Taylor and
have cited 70. him two cases in which
the courts have held that a city has
this superior right. One case was that
of the city of Brooklyn. 1t viii apply
to San francisco
Il have refused to sign the other
bill extending the time of payment to
six months. because as the statute
reads no extra payment could be made
for any repairs or improvements that
might be made in the property in the
meantime. Now IL VIII De aDSOIutefy
necessary TO keep water plant up
and to make improvements and exten-
sions during the six months. Then
suppose there was litigation over the
bond issue. It might last two years.
1 am not going to tie up any mans
property for that length of time.
believe that the existing laws are
ample for all purposes"
The governor said 80 or more bills
awaited his action. Some of them, he
stated, were duplicates.
Il have until Wednesday night TO
decide he said. Il shall go to Sac
ramento in the morning and fight it
ont there"