The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-16
Starts Action in the Federal
Court to Prevent Enforc-
ing of Boards Ruling

THE annual midsummer injunc-
i ton suit of the Spring Valley
water company to restrain the city
and county of San Francisco and the
board of supervisors from enforcing
the water rate adopted by the
was filed yesterday in the United
States circuit court. Judge Edward
S. Harrington of Nevada, who is at
present sitting with the local de-
partment, and who heard last
years litigation, which he tempo
rarily decided in favor of the city,
received the bill in equity yesterday
and issued an order to show cause
why the injunction should not issue,
returnable July H. Pending the
hearing Judge harrington granted
permission to the water company to
collect at a Is per cent increase over
the supervisors rate, which excess
he directed should be impounded
subject to the order of the court,
along the lines of his decision last
October,
In its eXternals, the 1909 model
of bill in equity is quite Like the
1908 form In it the Spring Valley
company asserts the value of it's
property to be lin excess of $45,-
600, 0O0," the same figures which
were advanced in the suit filed a
year ago. The interesting point that
Judge Harrington settled the value
of the property at $27 ,553,512 on Oc-
tober last did not indeliblY stamp
itself upon the imagination of the
water corporation
City Attorney Percy V. Long, when
informed last evening by The Call
that the new equity suit had been
filed. said that it was the plan of his
office to have a speedy determine
tion of all outstanding litigation be-
tween the city and the water com
pany.
I'VE are now waiting for the
briefs of the Spring Valley company
in the other pending actions" said
Long Il believe that Judge Far
rington Will be in the city in Sep
| TENDER, and it is our plan to have
the arguments in the cases made
before October 1. in order that a
determination of the issues made
be arrived at before the end of the
year and the pending actions set
tied and the injunctions removed.
1AIiA AloN O liz l1lOSb 0OiAl-
| plant / can not express an opinion
on 1t, but if the court has applied
to it temporary order impounding
the excessive collections, we may
agree to let it go over and be set
tied with the earlier cases.
The suit yesterday was filed by
Attorneys Edward ]. McCutchen
and A. E. Shaw, solicitors for COM
plainantt and the firm of Page, Nc
Cutchen & knight of counsel
The new action is along the
lines of the preceding cases. said
Attorney McCutchen yesterday.
In the complaint the value of the
Spring Valley property is given at
more than s45.OOO,00 the same es-
innate as was made last year OPP
! Grating expenses are given at $743,-
| 239, as against 100000 last year
| A depreciation charge of $260,0O0 is
/ demanded. against 100000 of year
ago, and $4,000 is asked to be con-
sidered as charge against obso-
| lescence and extraordinary casual
| ties. A net income of 100000 is
demanded" by the company. Ten
| points are made by the company in
| its complaint, all of which hinge on
| the presumed unfairness of the wa
| ter rates adopted May 3, 1909. which
| it is desired to have set aside.