The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-16
SPRING VALLEY
FIGHTS HETCH
HETCHY BONDS
Restraining Order Prohibits the
Sale of Securities for Pro-
posed Water System
City Officials Express No Fear
as TO Outcome of Court
Proceedings

The Spring Valley company began its
campaign in the courts yesterday
against the Hetch Hetchy water prof.
Get. Through Henry Root. designated
as tax payer, the company obtained
n Judge Seawen a temporary in
jon ton forbidding the sale of the
Hetch Hetchy bonds tomorrow Mon
day. May L. had been set as the day
for opening the bids for the first issue
or s250.0O0 intended for the purchase of
lands and FOR preliminary surveys and
work in the mountains. The restrain
'ing order was made returnable Friday,
MAY p. when the case will be heard
The Spring Valley water company
does not appear openly in the suit The
papers were fled by W. L Brobeck of
the law firm OF Morrison, Cope & Bro
beck Fe said that he was acting
merely as the attorney for Henry Root
whom he described as "a man with
large interests, who spends his time
looking after his property"
X has been known TO members of the
City government for several weeks that
Inc NpFluE Ad4IeN company " d. BItpdl .
ing for Injunction proceedings, and
tfere was no hesitation in expressing
the certainty that the inspiration for
the litigation had come from ". b.
BoUrn.
No FEAR OF OUTCOME
The city officials believe that at most
the proceedings viii cause brief delay
There is no fear as 20 the outcome.
Judge Curtis II. Lindley. who has acted
- special attorney for the board in all
baatters pertaining TO the Hetch Hetchy
undertaking. was inclined to welcome
he suit
We have. Of course. expected this
said Lindley. and I have held that it is
best that it should come at this time.
We can now thrash out the whole mat
Ter and be done with It once and for
al"
This opinion was voiced also by the
Supervisors who have followed closely
every move toward the acquisition OF
.the Sierra water supply.
The restraining order IS broad in its
terms. forbiddirg any step toward the
- Of bonds, the payment OF money.
y the approval Of claims against the
city intended TO aid in the construction
Of the Hetch Hetciy system. Specifical-
~ prohibited is the payment of money
20 Elmer Smith or Mrs Elizabeth Covel
Tor their Iuoiumne lanus.
The application includes in the list
Of defendants the city OF San Francisco.
Mayor Taylor. the Is members Of the
board OF supervisors. Auditor John a.
Roster and Treasurer John McDougald.
A long list Of allegations are set forth
10 support the application.
BOND ISSUE HISTORY
The first part Of the petition is de-
voted TO detailed recital OF the events
that led up TO the bond issue. Then
come the contentious in favor OF the
injunction. The most important OF
these are as follows;
]. That Lake Eleanor and Hetch Hetchy
valley IN that portion Of Yosemite national
uark in which loca ti0ns Of any sort pro
hisitea bs ,eaeisl Fes = ST.. ro,s.o doc
possess the title 20 the lands which it has
agreed 10 exchange for the reservoir sites owned
g. That the bonds arc intended for the
scquisi ton Of lands not desired for watershed
purposes, but merely 10 be exchanged for other
lands in violation Of the requirement that the
bonds be used only 20 obtain what is actually
needed for the public utility
4. That IN calling the bond election the board
~ supervisors failed 20 name the county line
system an available water supply, but has
neEertseless taken steps 10 acquire u.
3. That the secretary Of the interior exceeded
his authority when he stipulated that the city
8. That the city has not and can not under
the law gain possession n the land IN the floor
4 Is part Of the national domain that can not
be aienated.
= That the supervisors acted without proper
authority IN making payment Of $4,000 on
account FOR the purchase Of the Elmer T.
Smith holdings in the SieEas
8 That the supervisors failed 10 state. IN
calling the bond election, that the Hetch Hetciy
. - would cost $40 81. $50. but authorized
= aoad issue OF only 100000, Ostensibly for the
same purpose
q mat the city has never acquired the right
river OF Of Lake Eleanor and that it has no
riparian rights at either place
10. That no provision was made in the bond
election for complete water system, there
having been no allowance for distributing
plant.
II. That the city authorities never prepared
any estimates showing that a water supply
could be Constructed for the amount named IN
the bonds. but the contrary the only esfi-
mates placed the sum at So. 81. 03O.
u. That the charter limits the city's bonded
Indebtedness 20 j. per cent OF the assessed
property valuation. that such valuation is S45z
a5s-l60s that - per cent OF this is S6s.-
$50. pa that the city has already authorized
bonds 10 the amount Of $50. IG0, 900, that the
that this sum added 10 the authorized issue
would make total Of 81 81. 030 which IS in
excess Of the charter Limitation.
Practically every one OF these con
tentions has been previously considered
by the citys attorneys and none of
them has been construed as Of great
Importance. In fact, there was some
surprise that no new point was intro
dUced