Imperial Valley press., 1912-11-29
MAKE STRONG ARGUMENTS
FOR REHEAR|NG Of THAYER CESE BY
THE STATE SUPREME COURT

the California Development company,
which they may use and dispose of as
they please; which they may sell or
waste as they see fit, and upon which
they may fix such price as the traf-
fic will bear.
Among other things the supreme
court says:
"The California Development COM
pany has not decided to public use the
water which it diverts from the Colo
RADIO river, and has not offered 1t for
sale, rental or distribution in such a
manner as to constitute a public use
thereof. In its notice Of appropria-
ton it declared that it claimed the
water for itself and others. It did not
claim it for use by the public nor
designate the others to whom it was
to be furnished. The notice stated
that the water was claimed for the ir-
rigation of lands in the New River
country but it did not say that 1t was
10 be used upon all said lands, nor
generally upon the lands in this
country"
Article xiv. of the state constitution
says: 1.-The use of all water now ap-
propriated, or that may hereafter be
appropriated, for sale, rental or dis
tribution. is hereby declared to be a
public use"
1t is pointed out that the decision
virtually abolishes this section of the
constitution, because, in effect, the
state supreme court says that 1t does
not mean what 1t says. because. If it
did mean what it says, it would de-
stroy private rights in water in some
cases.
The decision appears to level a blow
at the act of the legislature of May
/, 1911, which declares that "irriga-
ton in the state of California is here
by declared to be a public necessity
and a public use and the power of
eminent domain may be exercised on
behalf of such public use"
The supreme court goes. still fur
ther and in effect apparently says that
the California Development company
is not a public service corporation.
The power companies and water
companies have been greatly dis
tressed by the act of the Legislature
ot December %, 1911, called the Pub
tic Utilities Act" which declares that
every water corporation is hereby de-
clared to be a public utility and to be-
subject to the jurisdiction. control and
regulation of the commission" Thei
act defines water corporations" as in
Guiding every Corporation or person,
receiver or trustee, appointed by any
court whatsoever, owning, controlling,
operating or managing any water sys
tenn for compensation within this
state"
1t is pointed out that the supreme |
court has declared that the California |
Development company which exists for
10 other purpose, serves no other duty, !
except to take, water from the Colo
RADIO river and deliver it to users in
the Imperial valley, is not a common
carrier of water. That is, it is not a
public service corporation and cannot
be compelled to render public service;
and in that single sentence, repeals
the public utilities act.
This d ecision of the supreme court.
if it stands-and most lawyers think
ii cannot stand-will not be 50 serious
in its effect upon Imperial county as
upon the rest of the state. 1t is true
it will cost Imperial county a sub
the California Development company;
but the county is rich and will not be
seriously affected thereby. But
the state generally, il is
feared it may take the power of fix
ing rates of public utility corpora
tions out of the hands of the railroad
commission; out OF the hands of the
authorities supposed to be endowed
by law with the power to fix those
rates, and place it back in the hands
of the owners; for it is pointed out,
the supreme court declares the cor
poration to be the absolute owner in
such case.