The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-05-03
CITY ATTORNEY
SENDS ANSWER
To BALLINGER
Brief Will Be Basis of Argument
Against Revocation OF the
Garfield Grant
Long Submits Five Legal Rea.
sons Why City Should Re-
tain Hetch Hetchy


city Attorney Percy Y. Long has pre-
pared and has now filed before the sec
rotary of the interior i'm Washington
the written return Of the city of San
Francisco TO the order Of Secretary
r. a. Ballinger to show cause why GER
tain portions Of the Garfield permit,
giving san Francisco rights in the
Hetch Hetchy valley for municipal
water purposes. should not be revoked.
The return of the city is an extended
document and includes, beside the brief
OF the city attorney, exhaustive reports
by j. H. Dockweiler. consulting en-
gineer Of the city. and City Engineer
Marsden Manson. The Dockweiler re-
port deals largely with the proposed
bay counties municipal water district.
and the Manson report is on the condi-
lions Existing now in the Hetch Hetchy
and Lake Eleanor valleys and the city's
rights. both present and prospective.
Maps and diagrams and public records
are bound with the city attorneys re
turn
BASIS OF ARGUMENTS
This document viii form the basis of
the arguments 10 be made before Sec
rotary Of the Interior Ballinger by the
san Francisco delegation which will
meet I'm Washington on May IS
One important point is that Ballinger
may b. enjoined from revoking the
Hetch Hetchy permit.
City Attorney Longs report on the
rT-s ion
Il pages in the brief.
lie declares that for the secretary of
the interior TO revoke the existing per-
nlits is TO:
question the opinion of the acting
attorney general of the United States
PUrdyD on which his predecessors
oGarheld's) action is based; ii is to
b nder valueless an investment of the
city Of over half q million dollars; cit is
TO destroy project for the execution
of which the state legislature has
passed special laws and the city has
authorized the issuance of $4,000, GOO
in bonds: 81 is TO deprive the people of
the cities surrounding San Francisco
bay of an adequate water-supply.'
The position of the city is first out
lined by Long. Ii is stated that the
city has applied for two reservoir sites.
tne Hetch Hetchy and the Lake
Eleanor. and that tho plan is to pro-
vide source Of water supply for the
east and west sides Of san Francisco
bay, at q cost of 500. 000. 600. to supply
population at present of nearly 4
million. An outlay of S34 900. 600. it is
stated. is required for the development
Of Lake Eleanor and to bring the water
10 the county line, and that the total
cost including the outlay for a dis
tributng system, viii be $4,000. 0O0
bonds for which have already been
voted by the city. The additional cost
for the development of the Hetch
Hetchy site would be $4,000, 600 for
san Francisco.
WILL SOON BE NEEDED
Long states that the Hetch Hetchy
viii soon be needed as a reservoir site
Tor tho bay communities He suggests
that Ballinger has no doubt been ad-
Vised by scores OF promoters that there
are innumerable sources from which
the city and county of San Francisco
car dra " supply without calling upon
the federal government for these privi-
lcEes. but adds that any attempt to
secure such source would mean much
protrscted litigation.
II Is argued that Secretary Garfield
and other government Officia Is investi-
gated the Hetch Hetchy source and de-
cided In favor Of san Francisco's rights.
The federal governments own engi-
some 20 years ago to this most ideal
site. by surveying. mapping out and
recommending to the federal govern
meut the reservation Of Lake Eleanor
and the Hetch Hctchy valley for mu-
nicipal water purposes. Long recites.
Long briefly summarizes five legal
arguments against the action of the
secretary, and later in his document
goes more fully into each point. detail
So r-r--- IL sas-
his contentious These points, briefly
summarized. are:
FIVE ARGU MENTS
~First-The tract of land commonly
known as Yosemite national park is in
tact a forest reservation merely. OK
preeslV designated as such in the act of
congress creating il and uniformly
recognized as such by the different de-
partments Of the government In any
event such tract Of land was merely a
forest reservation at the date of the
approval Of the act Of February 1, 1906.
'SecOnd-The act Of congress of
February 1. 1905, was a present grant
I'm direct terms 10 the city and county
Of san Francisco of the easements
claimed by her in the Yosemite forest
reserve.
-Third-The rights of the city are
thus conferred by the authority of
N
the interior is without Jurisdiction to.
and may be enjoined from, revoking
the city's rights or moIesting her in
the enjoyment Of them
"FOurth-The sovereig gritty of the
state law over water and water rights is
recognized by the federal government
and all easements necessary to the
beneficial enjoyment OF the same are
acknowledged and confirmed by act
Of congress. Such easements accrue
regardless of any land office procedure
and Independent of the authority OF
the secretary of the interior
"Fiffh-The federal government has
recognized that the protection of mu-
nicipal water supplies is one of its
highest duties, and, in pursuance OF
his rule, federal engineers carefully
projected the Hetch HetchY reservoir
IS source of water supply for the
city Of San Francisco as early as 1899
and before the city had taken any
steps whatever TO adopt the plan"