Joseph McKenna

“ In other words (as described by appellants) , 'incorporeal interests in the corporeal property of a water system annexed to lands irrigated by that system.' Being such, the corporation may sell them, the landowner may contract for them- may buy them outright ad free himself wholly from annual rates, or may stipulate for a particular rate. In other words, that the water right is an interest in the system, paid for with the land, or by the stipulated rate, and not subject to any rate or to increase beyond the stipulated rate, according to the varying expenses or valuations of the system. ”

“ Against rates which may become unreasonably high, the statute gives relief to consumers through petition to the board of supervisors. Rates which may become unreasonably low, it surely does not intend to impose on the companies forever, except as relief may come from the voluntary justice of its customers or by a violation of the statute and appeal to the courts. ”

“ Section 8 provides that those furnishing water 'shall so sell, rent, or distribute such waters at rates not exceeding the established rates fixed and regulated therefor by the boards of supervisors of such counties, or as fixed and established by such person, company, or association, or corporation, as provided in this act.'
The deduction which appellants make is that when the company once fixes the rates they must remain so fixed, and if changed by supervisorial action recur upon the cessation of that action-inevitable always through every change of condition ”

“ It did not accept the view contended for by appellants. It held, interpreting the Constitution and laws of the state, that the appropriation and disposition of water was a public use, the right to collect tolls or compensation for it a franchise, subject to regulation and control in the manner prescribed by law, and that such tolls and compensation could not be fixed by the contract of the parties. ”

“ This is a bill in equity to review and reverse a decree entered in the United States circuit court for the southern district of California in a suit in which Charles D. Lanning, receiver of the San Diego Land & Town Company of Kansas, was complainant, and appellants herein were respondents, and in which the appellee was substituted before decree as complainant in lieu of said Lanning. ”

“ The increase in rates would add to the revenue of the company with the amount of land now under irrigation, not less than $14,000 per annum, and upon the whole of the land which could be irrigated not less than $20,000 per annum. ”

“ Covenants formed and promulgated by a divine wisdom and foresight can have the attribute of immutability, and their language may be used and interpreted to express it. um an regulations are for the most part occasional and temporary. ”