Los Angeles herald., 1909-10-23
RELIEF GIVEN
TO HOLLYWOOD
WATER COMPANY LOSES FIRST
ROUND IN LEGAL FIGHT
Judge Walter Bordwell Denies lnJunc"
ton and Says Remedy Sought
by the Plaintiff Is
Extraordinary

The first round In the legal battle or
tbe Union Hollywood Water company
to prevent the enforcement or the Or
dinance passed by the board OF super
visors in July, reducing water rates 70
consumers, was lost by the water com
pany yesterday, Judge waiter ,oSana p0lua
we'll of the superior court, before
whom the case was heard, refusing 10
issue a provisional injunction pending
the trial of the injunction suit on It's
merits.
The water rates as fixed by the
hoard and which became enectlVe
August 1 will now go into effect ana
the consumers will be given the relieI
for which they have so long contendeu;
In its suit the water company asked
that the ordinance be declared Volo
that If he pernitted to charge a rate
which would yield an income equal
to annual expenses and not less than
& ner cent nor more than is per cent
on the reasonable value of It's properly,
and that the board of supervisors anu
water users be restrained from bring
ing any action against the company or
seeking to enforce the ordinance.
Regarding the water company's plea
that the ordinance be declared VOID,
the court says:
Supervisors Within Rights
"The fixing of rates which water
connanies may charge consumers IN
territory lying outside of Incorporated
cities is duty committed to the board
of supervisors by the act OF the legis-
lature. The board having acted in the
premises, all presumptions are In favor
of the validity of the ordinance, ana
the courts must not interfere, except
on a clear showing of necessity
court, to show that the rate fixed by
the board may not be sufficient to pro
vide a revenue to which the water
company is clearly entitled in order
to enable it to meet its legitimate eX-
penses and to provide a sinking fund
and nav a proper and legal proht
there also was evidence presented py
the board and the consumers, to a
greater or less degree, meeting and
balancing the evidence or the concern
In connection with this phase OF the
case, Judge Bordwell says:
Remedy Declared Extraordinary
"T have long hesitated whether 1t
was the duty of the court to grant TINS
preliminary injunction on the theory
that. by impounding the excess which
the plaintiff might collect from water
consumers over and above the rate
defendants and all consumers in the
event it was ultimately decided that
the ordinance is void.
Nevertheless, the remedy which
plaintiff asks is extraordinary, and
ought not to be allowed except upon
a clear showing. 1t would, in ERECT,
require the consumers to pay the rate
demanded by the plaintiff rather than
that fixed by the ordinance. l am In
doubt of that clear showing and the
defendant ought to have the benett OF
that doubt"
Judge Bordwell says he is uncertain
whether or not the Jefferson street
plant, claimed by the water company
as necessary to its use, should be con-
sidered in estimating the value of the
property; also whether or not some of
the reservoir sites and pipe distrib-
uting systems donated to th1 compay
by tract owners should be so consid-
cred, adding that it is a serious ques-
ton whether these should not be en-
tirely eliminated or regarded as a part
Of the concerns income or profits.
Final Judgment After Trial
As to the donated pipe systems he
says:
"It is clear the value of such
property does not represent an invest
ment by the plaintiff, and 1 feel should
not under the circumstances, be re-