The San Francisco call., 1909-06-04
TRIES TO
DODGE Ills OPINION
Haven Insists That Report OF
Opponent Is Good Argument
for Bond Issue
Validity of Hetch Hetchy Vote
to Be Decided by SeaweII
Before July |

W. J. Brobecls report to the Com
mOnwealth club on the question of the
Hetch Hetchy water project. made
March 1s, 1907, was busy little bee
yesterday morning in Judge Seawelrs
court and Assistant City Attorney
Thomas Z. Haven sent it back again
and again to sting its author, just as
he did at the Wednesday afternoon
session OF the suit brought by Bro
books dissnterested client, Root, to en-
join the sale of preliminary bonds.
Brobeck, in his closing argument
fsysd the insidious little insect and
donned a cap OF innocence through
which he hoped that the bees delicate
weapon could not pierce. He oontended
modestlY that the report was prepared
by H o. BrandenStein, although he
did not dodge his share Of response
bility- He insisted that 1t applied to
an academic aspect of the question
and that in its full meaning available
source Of water supply referred TO the
plant and distributing system, as well
to the source in itself
BROBECK'S OPINION QUOTED
But Haven was hrst on the ground
with the Brobeck opinion Of two years
before the self admitted dummy"
Henry Root, had, formally, at least, re-
tanned the attorney to fight the oity's
movement to secure an available
source Haven offered the Brobeck
opinion TO the court as an authority,
not IN a judicial. but in an argumenta-
tive sense.
The gentlemen who prepared the
report TO the Commonwealth club"
Haven said, were well qualified to
pass on the points Brandenstein was
retained on the board of supervisors
for years against his personal wishes,
owing to his knowledge OF legal mat
ters sppertsining to the city govern
ment. And counsel (Brobeck) was
on the side other than that he now
occupies for Is years in the city sttor-
ney's Office
Just at noon the case was submitted.
The arguments were so full that In
stead of briefs the attorneys agreed to
submit the transcript of the proceed
ings. Ten days were permitted by the
court in which to file citations of au-
thorities. Haven wanted to expedite
the final settlement by agreeing to sub
nit the authorities within five days.
but Brobeck had other work TO do and
secured the longer time. Judge Seawell
said that he would endeavor to have
the decision In the matter prepared
before July l.
ARGUMENT ON PUBLIC UTILITY
Haven continued his address yestsr-
day morning. He made the point sup
ported by Brobeck's earlier view, that
the acquisition of a source of water
supply is in itself the acquisition of
public utility-tnat the source IS the
utility and the development of the
work comes under the head OF con-
struction. He said:
The plans of development may
change-there is the possibility of the
purchase of the Spring Valleys entire
plant. That would change the city's
plan. The charter provisions are ample
TO cover this acquisition. If it is
fraud to acquire the land for source
of water supply the city Is without au-
thority, as 1t now is doing, to buy fire.
boats or pipe casing as a part of the
equipment which will go TO make an
auxiliary fire fighting system. Does it
rest in the hands OF a tax payer to say
You are bonding the city for $500, 900
and 1 am being outraged because you
are not bonding the city for $4,000
OOO2"
The electorate wouldn't have voted
s43, 600, 600 bonds" interrupted Bro
beck.
They would tomorrow by greater
a suit like this that would force them
TO do it," responded Haven.
Assistant City Attorney John T.
touching the validity of the bond issue