WATER. A Statement From the City Water Company. What the Company Claims to Own. Some Idea as to How the Plant Could Be Purchased. President Ferry's Communication to Councilman Innes—An Exhaustive Statement of Interest to City Residents. Mr. Perry, the president of the City Water company, yesterday gave to Mr. Daniel Innes of the city council an ex haustive opinion as- to the present situa tion of the city's water supply, and the possibility of the supply becoming the city's property on unoppressive terms. The following is in the main the opin ion, it being too long for entire repro duction : Note—Oakland collects from consumers $440,022 00 Oakland collects from city 36,977 00 Oakland Los Angeles San Francisco Cities. if I" 1120 gals. I 1:144 gals. ) 76 gals. Us 476,999 0 225 025 0 $1,494,961 8 Wo its ~ : e $4,095 616 01 21 cts. 9 cts. 21 cts. CD Cl 0.° 50,000 45,000 255,000 ' OB THE LEGAL SITUATION. The legal aspect of this matter has two sides to it, for out of them grow the rights of the city and the companies now furnishing water. Primarily it is asserted that the city of Los Angeles owns all of the flow of the river from its source to the southern boundary of the city. This is not true, nor anywhere near the truth. A resolution of the council, the adoption of a charter by the people, an act of the legislature, could not invest the city with title to the prop erty of some one else. If it coulo, and it was true that the city owns all of the water, as claimed, the farms and orchards now drawing water from what are called the headwaters, or sources of •the river, should be paying a rental therefor to the city. As a matter of fact there never was a grant made by the governments of Spain or Mexico of the waters of the Los Angeles river to the pueblo Los An geles. All the rights acquired by the people were by the use of the water; and the courts in dealing with this question have never taken any other view of it. The city has the right to take from the river so much of the water as /nay be neces sary for the use of the inhabitants there of, and not one drop more. Please see the two cases reported in 53 Cal., 1879, and 58 Cal., 1881, growing out of the water rights of the Los Feliz rancho, decided by the supreme court. One case was decided in 1879, the other in 1881. And three years after the last de cision, upon the advice of the most in telligent and reliable attorneys in this county, that the city had no right 3 which would insure a supply of water, the council paid Mr. G. J. Griffith $50, --000 for his riparian right to the flow of the river, by or over the Los Feliz ranch. In other words, the city paid $50,000 to Mr. Griffith for his right to tßke from the river for irrigation "eight cubic feet per second"—as the supreme court de cided he had the right to do. That was absolute!v all that Mr. Griffith sold to the city "for $50,000. The water which he sold would never have made the slightest difference to the city, or its water supoy, if he had taken it all from the river. If the city wants to own all the waters of the river, it can acquire them, just as it acquired the rights of Mr. Griffith to his share of the water which flows by bis land. If you will examine my report, printed January 1,1892, (with the opin ion of Judge Shaw, in the case against the Citizens' Water company), you will find that this subject has been very fully covered. The money . paid to Mr. Griffith did not benefit the city to the value of one cent, as you can see by reading the deed which" he executed. He was only bound not to "interfere with, or lessen by percolation or other wise, the flow of water in said river." Lasteummer (in August) four meas urements were made of the volume of water flowing in the river by one of the most eminent American engineers. The upper measurement was made at the point where the river enters the Los Feliz ranch. The next was made 200 ieet above the upper end of the Crystal Springs Water company's bleeding ditches. The third was made below the inlet tower of the water com pany. And the fourth near the lower boundary' line of the Los Feliz ranch. At the lowest point of meas urement it was found that* the flow was gallons more per day than at any of the points measured above. But I do not want to discuss the wis dom or folly of the gift by the city to Mr. Griffith. lam merely pointing to the water supply. If the city in the same connection bad purchased from Mr. Griffith what he afterward sold to the City Water company it would have received something of value; for, to that company, he sold the "right of way for laying conduits for taking water from Crystal springs to the reservior; also the right to enter upon hia land for the purpose of constructing a -ditch from the river to the main ditch belonging to the Crystal Springs company; th» cojnpany to have the right to use all the water developed by excavation of any ditches it makes." Thiß company did this and developed a flow of 10,000,000 gallons of water daily; and yet below the point where the bleeding ditches run sear the river, the volume of water in the river is over 8,000,000 gallons more per day than at any place above it on the Los Feliz ranch. VALUE OF THE WATER. The value of 1 he water developed upon the Los Feliz ranch depends upon whether there is any use for it. It is estimated by an expert that this water could be carried through the city and put upon sufficient agricultural lands to produce a revenue of $000,000 per year, even if the city did not use one gallon of the flow. There is no legal objection to the Crystal Springs Water company doing this now if it should lay pipes or construct proper ditches, for the City Water company could supply the city with the water "taken from the river in what iB known as the City Water com pany's ditch. Your committee asked me "how the expert fixed the value of the water?" and I think this answers the question ; but in addition to this the engineer estimated that with turbine wheels, and with the head which they could have they could develop 1000 horse-power of electrical energy without wasting a drop of the water, and this energy could be utilized in pumping water upon higher levels, or in lighting the city. ThUB, independent of a francnise from the city to use the water within its limits, the water developed upon the Los Feliz ranch and the pipes and tunnels through which it is conveyed have a value pro portioned to the income which might be obtained. [Then follows a full statement from the company's point of view on the suit of the city vs. the Crystal Springs com pany on the right of the city to sell water, and the East Side Water com pany.] VALIDITY OF THE CONTRACT WITH THE CITY WATER COMPANY. The question of the validity of the contract between the city and the Los Angeles City Water company iB im portant in many respects, because of its far reaching influences. First—lf it is a valid contract, then the city has no right to take any step toward the organization of a separate system of water supply until the con tract haß expired, and the city has com plied with the conditions of the contract, which are: Second—That no franchise or lease to U66 the waters of the river shall be made to any competing water company. Third —At the expiration of the con tract the city "will pay to the parties of the second part, their heirs, executors, administrators or assigns, the value of the improvements made in, by and upon the said water works,'in pursuance of this contract, the same to be ascertained by arbitration, in case the parties can not agree upon the value thereof, the said party of the first part and the par ties of the Becond part, their heirs, executors, administrators or assigns, to choose one man each, and the two men thus chosen will select a third, and the judgment of the three men thus se lected shall be final in the premises." Fou rth —The city never having alleged that the City Water company was not complying with the conditions of the contract, cannot set up a failure to com ply until it has served notice with a demand that the alleged omissions be complied with. While the water com pany frequently charged the city with breaches of the contract, the city has never made such a charge against the company. Fifth —Under these conditions (those of the contract) can the council, or any citizen, doubt the ability of the water compauy to secure an appraisement equal to the sum at which they have offered their property for sale? And can there be any doubt about their ability to chow a value to the property including all and singular the various properties which they now own and lease in supplying the city with water, which could be greater than the amount asked? .... ELEVATION OF THE SOURCE OF SUPPLY. Engineer will admit that there is no elevation on the river below the Los Feliz ranch, at which a gravity supply of water can be obtained for the city, and that the cost of pumping would so increase the cost of the water that it cannot be considered; hence, the city in building its own works would have to take its supply from the river as far up as the orisrin of the present supply. I mention this to show that all the pipes and tunnels leading from the Los Feliz to the city, have a value equal to what it would cost the city to duplicate them, even if the water company had no water to ruu through them. THE BUSINESS PLAN. All circumstances considered, it is ad mitted without an objection that the best possible solution of this compli cated matter would be for a private cor poration to be created which would ac quire the ownership of all existing witter supplying companies; consolidate them into one, replacing all insufficient pipes or mains with those of adequate capacity; extending the system to meet all present and reasona ble future requirements. That this company issue bonds covering the entire cost. That the council can then adjust water rates so that they will give the company a reasonable interest on the cost of the investment, provide means for sinking fund to pay off the principal of the debt at maturity and provide for operating expense, renewals and better ments. That when such work is com pleted, if it is deemed best, the city shall have the right to take possession by lease, or any other legal means, of the property so created and carry out its conditions and requirements. Tho only difference of opinion seems to be as to the price which should be puid for existing water works, the length of time the bonds should ruu, and the rate of interest they should bear. It is well understood that the law requires oue twentieth of the principal of all mu nicipal bonds to be retired each year; and that is the principal reason why the bonds of California municipalities have no market away from home. But even If they could be sold and one-twentieth of the principal, with interest to be paid each year, whether paid from the gen eral tax duplicate or sales of water, the rate would be greater than the people would be willing to pay. Of course, we must not lose sight of one matter, and that is, that while water is a ne A TABLTS OF DOMESTIC WATER STATISTICS FOR THE CITIE3 OF LOS AN GELES, SAN FRANCISCO AND OAKLAND, FOR THE YEAR 1890. DSPRICE'S rfe am|aking Used in Millions of Homes— 40 Years the Standard. THE LOS ANGELES HERALD; TUESDAY MORNING, FEBRUARY 16, 1892. realty, it is one of those necessities which are expensive in this arid region. The first objection is then that the price asked, i. c., $2 500,000, for existing properties of tho city water company is tuo much. There is but one way to de termine that. Can the property, or one answering the same purpose, be created by the city, or any private corporation in the interest of the city, foi any less sum? The estimates of the city engi neer, which do not pretend to cover in detail more than three fourths of the territory now covered by the city com pany, places the coat of building these works at a Bum greater than is asked for all existing sources and facilities of water supply. Bear in mind, this ques tion cannot be answered without con stantly keeping before you all the cir cumstances and conditions which sur round it. At no time, and under no circumstances, will the city of Los An geles ever be properly supplied with water at a lesß cost for the whole plant than $4,000,000, and if the city built the works tliey will cost a great deal more than that. It is hardly necessary to argue further the question whether, if the city could legally issue $3,000,000 bonds, could it sell them? It cannot refund its out standing debt of over $700,000 at 5 per cent. Less than $200,000 of the 5 per cent, bonds have been taken by the local bankers, but no foreign investor has taken one dollar at that rate, though the bonds have been on the market over a year. But it is a fair question to ask, ac one of the circum stances or conditions now surrounding us, whether the people would vote $3,000,000 of bonds, or even $2,000,000, to he expended through political agents, ward workers, etc., in building a water supply system, the whole of which would be buried under ground and out of Bight, so that no one would ever know whether properly done or not. But, if they were to vote such a loan, what would be the consequence? The interest would have to be paid during the three years employed in construct ing the works, for no cne would think of beginning a work of this kind with only part of the money in eight. Interest on the $2,000,000 at 0 per cent would be $120,000 per year. The law re quiies the payment of one-twentieth of the principal each year, which would be $100,000 more, making a total of $060, --000 principal and interest which would have to be paid by the people, without any returns whatever. But while they would be paying this they would have to pay not lees tfian $350,000 per year to existing water companies, or a total in the three years of $1,060,000, and they would then owe $1,700,000 of the princi pal, making the works cost them when ready for operation a total of $3,410,000; but aa it iB well known that the works could not be constructed under the most favorable circumstances for less than $3,000,000, how would the account stand when the works were completed and ready to supply the people with water? The interest and sinking fund for three years would be $953,000, water rates, paid to existing companies, $1,710,000, making a total outlay of $2,063,000, and leaving a principal unpaid of $2,550,000, which, added to the amounts previously paid, would make the grand total of $5, --212,000 as the cost of the system of water supply, not equal to that which we have today, to say nothing of the cost of additions. And that would not be all, for seventeen years after taking charge of the works the people would have to pay an average annual interest of $76,500, a sinking fund account of $150,000 per year, a total of $226,000 (av erage for seventeen years), add to this cost of operation, $100,000, and the av erage yearly outlay would be $326,000, though the heavy interest payments would fall due during the first part of the time. To illustrate: The interest on unpaid $2,550,000 would be $153,000, sinking fund $150,000, operation $100, --000, total $403,000, for the first year after the works are put in operation. 1 have added nothing for extensions and repairs either during construction or afterwards, but I assume that during the whole period of construction enough water rates could be collected to cover such expenditures; though human ex perience has been to the contrary in this country in the management by munici palities of water and lighting plants. The rates charged for water would not be increased by the city, but the de ficiency under political management is always found on the tax duplicate. If you want a first class illustration, please investigate our zanjas. Now let us look" at the other proposi tions, i. c., that is the purchase and con solidation of the present systems, their extensions and improvements, upon a plan agreed to by the city and company, the whole total cost in no event to ex ceed $4,000,000, what would be the cost, and how would its burdens bear upon the public? I have hereto-fore presented gome figures, showing partially the practical operation of such a scheme, and I reproduce them herein. In these estimates I have calculated upon a ma terial reduction in the rates to the poorer consumers, which would carry out along the line and make an average deduction of 15 per cent in the amount of revenue now collected by the various water companies. But in order to equal ize this matter and put the burdens where they belong, making the rich man pay his shore, I have considered the necessity of levying a tax sufficient to pay for all of the water consumed in street sprinkling and fire protection. My figures are based upon the theory that the company receiving the fran chise would operate the works, and that before the franchise should become effective, the company would be re quired to give a bond in a sum of not less than $100,000 to perform any and all of the conditions of tho franchise; and not only that, but that the fran chise itself should provide that in addi tion to the penalty of the bond, a viola tion of any of the conditions would work a forfeiture of the franchise. If the city should take charge of the plant and manage it economically, the figures would be the same. It is conceded that the whole plant, or such a plant as is necessary, could be erected for the sum of $4,000,000, this amouut being the maximum sum esti mated, and that all extensions and re newals and betterments should be made out of current revenues, the control of the whole matter would always be in the hands of the council, which could adjust the rates bo that the revenues ALL MEN mnierinn irom NERVOUS DEBILITY, LOST or FAILINO MANHOOD, INVOLUNTARY EMISSIONS, IMPOTENCY, MENTAL WORRY, PERSONAL WEAKNESS, LOSS OF MEMORY, DESPONDENCY, and all other diseases of mind and body, produced by youthful follies or overindulgence, quickly and permanently cured BY Dr. Steinhart's ESSENCE OF LIFE! THE GREAT YITALIZER.. PRICE $2 PER BOTTLE Or 6 bottles for $10, or In pill form at same price. Call on or write to. Dr. P. Steinhart, Room 12, 331 1-2 South Spring St., (Opposite Allen's Furniture Store), Los Angeles, - - - - Cal. Special and infallible specifics also prepared for Gonorrhoea, Gleet,' Syphilitic and Kidney and Bladder trouble. communications strictly canflden tial and private. OFFICE HOURS: From 9 a. m. to 4 p. m. Sundays, from 10 to 12. 11-14 6m would not exceed say 6 per cent interest on $4,000,000, operating expenses and renewals, repairs and betterments, and that after ten years there should be created a sinking fund amounting to one-fortieth of the debt, or in any case such an amount as would extinguish the entire debt at the expiration of the lease. It might be well to provide that the city should receive the sinking fund and pay off the bonds at maturity, if this can be done legally. The amounts to be raised during the first ten years would be as follows: FIRST YEAR. lutere«t on account at 6 per cent on $3,000,000 $180,000 Operating expenses 100,000 $280,000 Revenues, after deducting "present rates, an average of 15 per cent. . .$230,000 To be raised by taxation for sprinkling Mnd tire protection, 1 mill rale on $50,000,000. ~ 50 000 $280,000 SECOND YEAR EXPENDITURE. Interest on at 6 per cent.. $210,000 Operation 100,000 $310,000 REVENUES. (Increased consumption being 10 per cent over volume at beginning of last year) $23,000 Water sales at rates of first year. 253,000 Increase on taxable values in two years 10,000,000 Tax of one mill on $60,000,000 60,000 $3i3,000 THIRD TEAR. Revenues, including Increased con sumption, at rales of last year $326,000 Tax of H mill on $65,000,000 32,500 $358,500 EXPENDITURES. Interest on $4,000,000, 6 per cent $240,000 Operation 100,000 $340,000 This would leave a margin of $18,000 at the end of the third year, and after that date the increase of consumption would admit of a still further reduction of the rates each year, until the tenth year, when the accumulation of the sinking fund would have to begin, and rates would have to remain stationary for two years, after which time a reduc tion in rates, equal to the increase in consumption, could take place, for the reason that at no time during the entire fifty years could the expenditure de mand ever exceed $450,000. At the end of ten years, when the first $100,000 of the sinking fund shall have been paid into the treasury, then the company could be leleased from the $100,000 bond for the fulfillment of all their agreements. I have not noticed that any one has taken into account a matter which our expert covered in his report against any attempt at building a works in competi tion with existing ones, even if we could do so legally, and the same objections would apply to waterworks built by the city. The existing company has its own water, its own pipeß, and its connec tions are made with 9000 houses, and the Citizens' company has 3000 more, making about 12,000 connections. There is no law to make them take up their pipes, and they would always undersell the competing company. The existing companies now owe but $500,000, and could soon pay that out of earnings. With no debt, they could run and make but a trifle over operating expenses until they would ruin the other com pany. If the city was in competition with them, they could reduce their rates to operating expenses, and thus the taxpayers would have to pay inter est and principal of a bonded debt which would be thrown away, for the city could get only the business of the con nections hereafter to be made. The property owners would not change to the new supply at the same rateß, be cause they would lose not only the $12 paid for connections they now have, but would have to pay for new ones, which if put in at cost could not be made for less than $9 each. The 12,000 connections have cost the property owners $144,000, which would be a dead loss, and new connections would amount to $108,000 more, or a total loss to the people of $252,000. These are a part of the reasons why no capitalist would risk his money in any scheme which does not include existing water companies. Another point is the repair of streets, which is not taken into account by the city engineer or any one else. The cost of replacing the streets would be not le3S than $327,000, which would fall upon tho competing company; but if the city built the works, the taxpayers or water consumers would have it to pay. Add this to the loss by connec tions and the total amounts to nearly $1,699,000. Add this to the cost of the new plant already given at $5,212,000, and you JjWfe a grand total of cost to the citTKgSPSS,79I,OOO, or, in round num bers, $0,000,000. The Doctors Are Utility. Grave mistakes are made by physicians in treating Heart Disease. The rate of sudden deaths is daily increasing. Hundreds become victims of the ignorance of phyticians in the treatment of thfi d'sease. One in four pc sons has a diseased heart. Shortness of Breath, Palpitation and Fluttering, Irregular Pulse, Chok ng Sensation, Asthmatic Breathing, Pain or Tenderness in Bide, Shoulder or Arm, Weak or Hungry Spells, are symptoms of Heart Disease. Dr. ifiles'sNew He«t Cure is the only reliable remedy. Thousands testify to it* wonderful cures- Books free, told by C. H. Hauce. An Extended Popularity. BROWNS Bronchial Tbochks have tor many years been the most popular article lu| use for relieving Coughs ana Throat troubles, AN OPPORTUNITY That may not occur again in a lifetime. We are forced to vacate our store, No. 126 North Main street, and will offer the entire stock at auction, consisting in part of Diamonds, Watches, Rings, Chains, Bracelets, Optical Goods, Clocks, Solid Silver Ware, Table Cutlery, Novelties, etc., which we will sell to the highest bidder, without reserve. For convenience of sale, the stock has been removed to our new store, No. 125 South Spring, where the sale will take place, commencing Monday evening, at 7:30 p.m. Remember that our necessity is your opportunity, and we are anxious that our old and regular customers avail themselves of this extraordinary opportunity. A child can purchase at this sale as well as an expert, as every article offered will be guaranteed strictly as represented. Balea every evening, 7:30 p.m. Ladies respectfully invited to attend our sales. L. M. WAGNER. H. A. REED, Auctioneer. ■ — ORANGE LANDS! GREAT BARGAINS^ SOUTH RIVERSIDE. The finest Orange and Lemon Lands are found in this flourishing colony and the location is unsurpassed. GREAT ABUNDANCE OF WATER. Another pipe line is about to be constructed, bringing additional lands under irrigation. PRICES EXTRAORDINARILY LOW. Water is sold with the land. No bonds; no uncertainty as to quantity or price of water. Water conveyed in pipes to the lands. The lands are adapted to the culture of all fruits common in Southern California. Here is the place for Homes and Investment. ORANGE HEIGHTS Is a new and attractive subdivision of a portion of the high mesa land of South Riverside Colony, and being frostless and not subject to injurious winds, offers special advantages for the culture of the •3 LEMON.iC- The best authorities in Southern California commend these lands for the rais ing of Lemons. One syndicate is arranging to plant IUOO acres in Oranges and Lemons, one-half each. Aside from its wonderful advantages as a fruit-producing colony, South River side is an important manufacturing point. The Pacific Clay Manufacturing com pany's vitrified sewer and water-pipe works —the largest on this coast —are located here; also the Porphyry Paving company, the Standard Fertilizing company and two pottery works. This is the shipping point for the famous Temescal tin mine plant. A company is now being formed to work on a large scale the finest cement rock found in the United States. This latter company will probably employ 200 or more men. The material is at hand for additional manufactories. The Town of South Riverside Contains numerous business houses, and there are churches, hotels, a bank and all other improvements necessary to make a thriving town. Come and see our new tract before purchasing elsewhere, taking the Riverside and San Bernardino train via Orange, leaving Los Angeles at 11 a.m. and 5 o'clock p.m. full particulars call on • L_. nr. GRAVELS, Agent at Los Angeles, Bryson-Bonebrake Block; or address SOUTH RIVERSIDE LAND AND WATER CO. SOUTH RIVERSIDE, CAL. 12-21-eod-lta ARROWHEAD HOT SPRINGS. Six miles froDi Sun Bernardino. The bet Winter Kesort for the invalid in Southern Cali fornia, and the peer of any in ihe world for curative merit. Hotel 125 rooms. Electiic lights. Elevation, 2000 feel. Hot water and mud baihs. Dally stage and mail. All kinds of diseases are cured. Kates fion $3 to $20 per week. Call at the office of Turkish Baths, 230 smith Main street, or address H. 0. KOYEB, M.D , Lessee and Manager, Arrowhead Springs, Cal, 2-12-fii siin-tues-tf HANOOOK BANNING, IMPORTER. OF SOUTH FIELD WELLINGTON LUMP - :- COAL. $11.25 p er Ton, 65 Cents Per Cwt. —~ ~~ < ISO WEST SECOND STREET, »_ _, OFFICES 1 SOUTH SPRING STREET, I 30 Yard, 338 North Main Street. Telephone 1047. . WOOD AND KINDLING.- — 7-29 U 3