Oliver Wendell Holmes, Jr.

“ The facts mentioned would tend to depreciate the market value of the plant, and very much depreciate the value of the services rendered to consumers during the year when the ordinance necessarily was in force. This consideration is the only answer that needs to be made to elaborate calculations by the appellant of the worth of the services to consumers, beyond adding that it does not appear that the supervisors did not give them what little weight they deserve upon the issues which the supervisors had to decide. ”

“ By a statute of California approved March 12, 1885, the board of supervisors of the counties are to fix the maximum water rates in cases like the present. They are authorized to proceed to a hearing upon a petition of twenty-five inhabitants who are taxpayers, and the rates when fixed are to be binding for not less than one year. ”

“ The counsel for the appellees contends, on the other hand, that that valuation was a good deal too high, that too much was allowed under the head of expenses, that the supervisors should have taken into account income from domestic rates, and finally sets up a claim that goes to the bottom of the whole assessment. By an amendment of the California statute, approved March 2, 1897, the act is not to invalidate or to interfere with contract easements for the flow and use of water. ”

“ Rep. 860, which it is said now have been decided to be valid (Fresno Canal & Irrig. Co. v. Park, 129 Cal. 437, 62 Pac. 87; San Diego Flume Co. v. Souther, 32 C. C. A. 548, 61 U.S. App. 134, 90 Fed. 164, 44 C. C. A. 143, 104 Fed. 706, 112 Fed. 228) , are entitled to water upon merely paying their share of the expenses, and that all the water takers have water rights. We shall say nothing on these points. ”