Imperial Valley press., 1913-02-24
TO be regarded In the same light as
individuals and dealt with accordinolv

STATE al Iarge nave no interest in them.
as they have in the streets of the city,
Cooley on Con. Lin, p. 30S, and cases
cited.
There can he no question but that
The. voters knew the object and purpose
and the true meaning OF the language
| used in the resolution Of intention and
me ordinance in question. It meant to
| them that for the purpose of extending
their municipal water system it would
| be absolutely necessary to acquire and
| hold certain shares of water stock
and not stock OF any other or different
kind
II these bonds are not good, if The
cities OF Imperial valley have no right
to acquire such stock, they have no
right to hold the stock heretofore ac-
CURED and therefore no right to de-
mand and enforce delivery OF the wa
| Ter upon which their existence depends.
But we respectfully submit that no
court would give a construction to the
constitution that would lead to such
result
We are perfectly satisfied that this
matter is being very carefully consid-
cred by your office. The good citizens
of Ell Centre, and in fact several thou
sand citizens Of the cities of Imperial
question: they do not want to see their
credit impaired or the validity Of their
bonds seriously questioned.
IN addition to The foregoing reasons
and the authorities hereinhefOre cited
upon the proposition that the holding
by the cities Of Imperial valley, Of stock
in the mutual water companies neces-
sary TO obtain the water required by
such cities is not ultra wires, but alb
Solutely legal and that the bonds is
sued for the purpose Of "acquiring,
constructing and completing" munich
pal water systems, including for such
purpose The acquisition Of capital stock
in other corporations necessary there
FOR. are valid, desire to cite so emf
nent an authority as the firm of O'Mel-
veny, Stevens and Millikin. of Los An
geleS, whose action ! deem to be ab-
solutely correct in approving The pro-
ceedings for the S2S,0O0 water bond
issue of 1909 of The city of CaIexico.
the 100000 water bond issue Of 1909
OF the city of Brawley. the $4,000
water bond issue of 1909 Of the city
OF Imperial, and the $4,000 water
bond issues Of 1910 of the city Of FL
Centre, every one Of which proceed
other corporations. | quote from The
resolution of intention adopted by the
board Of trustees of the city Of Cal
exico. in The matter of its wafer bond
issue of 1909, above referred TO (same
provision being contained in the ordi-
Resolved, that This board Of trus-
lees does hereby determine and declare
| hat the public interest and necessity
demand:
First. The acquisition. construction
and completion by said city Of CaleXlco
Of certain municipal improvement. to
wit: Wafer works and wafer system.
for The purpose of supplying and fur
nishing wafer to the city of CaleXico
and the inhabitants thereof: together
with water right, stock in water cor
pOratiOns, rights of way and other
property, and the construction Of ca
nails, aqueducts, bitches. pipe. reser-
voirs. distributing systems, pumping
aants p@n dapP'nse T sSd
| usually had in connection with water
works and a water system
In the proceedings Of the city Of
Brawley for the $4,000 water bond
issue OF 1909 that part Of the resolu-
ton of intention declaring the purposes
for which the proposed Indebtedness
was to be incurred is in the following
words:
THE construction, acquiring, and
completion Of municipal wafer works
adequate to The needs of and for the
supplying all the inhabitants of said
city Of Brawley with water for do
nestle and other purposes, together
with the water rights, water stock in
other corporations, rights of way and
other property, and necessary land for
the construction Of canals, bitches,
pipes. pipe lines, reservoirs, distribut-
ing system and publication plants and
any and all other appliances and appur-
tcnances required for and usually had
in connection with water works and
water SYSTEM the estimated cost of
which is $4,000"
In the proceedings Of The city Of I'm
perial for the $4,000 water bond is
she of 1909 that part of the resou-
ton Of intention declaring the purposes
for which the proposed indebtedness
was to be incurred is as follows:
"Be it resolved and determined by
the board of trustees of the city of
Imperial as follows:
section i.-That the public inter
est and necessity demand the construc-
tion and acquisition by the city of I'm
perial of certain venue-produciny I'M
DloNementS, to wit: Wafer works and
water system for the purpose Of sup
plying and furnishing water to the city
Of Imperial and the inhabitants thereof,
including the acquisition Of land, wa
ter rights. capital stock in other cor
property, and the construction Of aIue-
duets, bitches, canals, reservoirs, dis
trlnutlng system. pumping and Duriti-
cation plants and other works heccs-
Sary therefor"
! quote from the resolution cf IN
teEtion adopted by the board Of trns-
tees of the city of Ell Centre in ihe
matter of its s69, 900 water bond issue
of 1910 as follows:
Resolved, by the board of trustees
of the city Of FL Centre, that ,he said
board OF trustees do hereby determine
that the public interest and public ne
cesSty Of said city of FL Centru and
the inhabitants thereof demand the
acquisition, construction and cnmDln-
ton by the city of Ell Centre of a Ger
tam revenue producing municipal I'M
provement, namely: municipal water
works and water system for The Dur-
pose OF furnishing and supplying water
to the city of Ell Centro. and the in
habitants thereof. including for such
purpose the acquisition of lands. wa
ter rights, capital stock in other cor
porations, rights of way, and the pres
ent water plant and system, and the
construction of aqueducts. bitches. ca
mails, reservoirs. distributing system.
pumping and puriticatoin plants and
other works necessary therefor
1t will be observed that not only do
The proceedings in each and every one
OF the bond issues above mentioned
provide for The acquisition Of stock in
other corporations, but that in the last
two (the $4,000 issue Of The civ Of
Imperial and the 500. 900 issue of the
city of FL CentrO) the language is
pactlcalIy identical with that in the