The San Francisco call., 1909-06-02
EFFORT TOBLOCk
HETCH HETCHY.
SALE OF BONDS.
Restraining Order Is Argued
Before Judge SeaweIl of.
the Superior Court !.
Suit in Name of Tax Payer, but
Spring Valley is Real
Plaintiff

The hearing was begun YESTERDAY
before Judge SeawelT on. the temporary
injunction restraining the sale@.of the
preliminary bond issue for the Hetch
Hetchy system. Attorney w. i. Brobeck
appeared for Henry Root the. taH
payer in whose name the suit was
brought. The real party in interest
however. was represented by Attorney
L. j. McCutehen of the Spring VALLEY
company, who occupied a place in the
courtroom. Assistant City Attorney
Thomas E. Haven and J.. T, .Nourse a p-
peared for the people. With them
was associated Curtis II. Lindley, spe-
cial counsel Of the municipalify IN all
matters pertaining to-tle water s0ppiN-
Among the Interested spects tors IN
the courtroom Were Supervisors NJ uF-
ply and Johnston, City Engineer Mars
den Manson and Elmer z. Smith, fronl
whom the city desires to purchase rese
ervoir lands
The proceedings were opened by. Bro
beck. who read the complaint OH which
the temporary Injunction had been
granted. Assistant City. Attornezs Haven
responded by reading affldaxits. OF Su-
pervisor Johnston and John. z. Behan.
clerk Of the board Of supervisors: He
then discussed his demurrer. which
asked that the action be dismissed
The complaint had been amended dlir2
ing the last few days by Including
as defendants Elmer Smith. Mr.. and
Mrs. Covel, and Horatio 6. .Kellett. the
parties from whom the land is TO be
purchased. Another change had been
H. IL
the supervisors had neglected to con-
sider the offers OF Jay. E. Russell. "a.
J. Taylor and James A. Waxrnire to
sell water sources to the city. In the
amended complaint the court is also
asked 70 restrain the city from pur-
chasing the County Line system. +
AFFIDAVTTS BY SUPERVISORS ..
The afidayits OF Behan and Johnston
are identical. and are made in their
ofhcisl capacities. the former as clerk
OF the board and the latter as chair
man OF the public utilities committees
They deny the main allegations of the
complaint and contend that the city
has full possession Of all that II, has
claimed 10 possess in the shape of
lands, rights Of way and water rights
on the Tuolumne river and at Lake
Eleanor. They set forth, further. that
the Spring Valley refused to sell when
the board solicited an offer, and declare
ihat the sources offered for sale by.
others did not constitute existing pub
lie utilities"
In his demurrer Haven asked that
the action be dismissed, adding te. the
many other allegations that error
had been made in joining Smith. Kel-
lett and the Covels with the defend
ants. as they were not parties to the
bond sale
Brobeck spent most Of the afternoon
IN argument and will continue this
morning. He VIII be followed by the
city's representatives.. j.
There are two main propositions. =.
declared Brobeck-- First, have the su.
pervisors proceeded in accordance. with
The charter, and. second, has the city
the right 10 purchase these lands.
which are not to be used, hut to be ex-
changed2"
ESTIMATES AS TO COST
Brobeck devoted himself yesterday to
the first proposition, arguing that no
estimates as to the cost Of the Hetch
Hetehy system were on file when the
bond question was submitted to The
voters; He quoted from the charter
and from the recent decision of Judge
Seawen in the case where DanieT
OConnen tried to force an election on
the acquisition Of all the public utiii-
ties. Brobeck construed Judge SeawelPs.
decision TO mean that the cost of orig
insl construction must be obtained he.
fore the question is submitted 10 the.
people Judge Seawell INTERRUPTED him.
and asserted that q different point was.
then at issue -:
The board stepped of wrong de
clared Brobeck Instead of having
plans and estimates OF construction be-
fore soliciting offers. as the charter
requires, they did not prepare thef~
plans until after they had solicited
their offers That in itself, is enough
10 invalidate the whole proceediness'-:
Brobeck dwelt at great length ,ipon
the fact that the charter prescribes
that public utility. may be ACQUIRED
from current revenues or from a bond
issue There was nothing in the char
ter. he said, that permitted a combina-
ton OF the two methods.
There is nothing in the charter :,
he continued. that allows the supey-
visors to acquire part OF utility .ont
Of current revenues and another mart
by bond issue. There must he SUR
lnitted TO the voters the question as
10 the acquisition OF the public, utjl,fr
and in the submission il must give
the purpose, the cost and the rate OF
interest"
Yon must submit to the peopIe tho
entire question" he said. .sthes enftre
plan, and not a piece OF il. II is
= bsurd TO prescribe a bonded indebted
ness without stating the amount to he
incurred
The. overwhelming vote by which the
people declared their intention to com
struct the Hetch Hetchy system Bro
beck stamped as purely academic
ration.
The city will present it's case TO-DAY
Lefbold e. CO. for a good burzv or