v0079-845

Document Title Page

No. 419.

IN THE

United States Circuit Court of Appeals

FOR THE

rSIINTIi GIRCUIT

San Diego Flume Company,

a corporation,

Appellant,

vs.

    1. Souther et al.,

Appellees.

FILED

NOV 6 -1899

SIPPLEMENTAL BRIEF OF WILLIAIV1 J. HLNSAKER,

AS AMICUS CURLE.

" Now I challenge counsel to point to any law pre-

scribing the right of a corporation to sell a water right

as the water right is sold in this case, for a gross sum,

or to sell a water right at all. Not only does the Con-

stitution by its very terms place the ownership and right

to the use of the water in the public and deprive the

corporation or any corporation of any proprietary interest

in the corpus of the water itself, but following OUt the

provisions of the Constitution, the Legislature of this

State has expressly provided how the compensation of

water companies shall be fixed for the supplying of the

water, and that they shall charge no more than the rate

fixed as provided by the statute."

Argument of Hon. John D. Works in Meyer v. City

of San Diego, (L. A. No. 373), p. 88.

Filed November , i8gg.

Clerk.

FISK & HORNBECK. PRINTERS, 218 N. MAIN ST., L. A.


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