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upr000302 8

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upr000302-008
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    Delivery of Water at East San Pedro. Dec. 4th, 1912. Mr. H, C. Nutt, General Manager. Dear s i r :- X have your le t t e r of Nov. 29th, on the above subject. As I understand it , the cars of water in question were moved from Los Angeles to East San Pedro fo r our own use, and on account of a break in the water m in s, and as a mere accommodation, we turned over certain of these cars to the P acific Wharf & Storage Co., and to some of the lumber yards at East San Pedro. The Public U t ilit ie s Act of C aliforn ia does not contain the com­modity clause found in the Act to ^egulate Commerce, but subdivision b. of paragraph 4, of section 17 of the Act provides: "Except and as otherwise in this secti on provided, no public u t ilit y shall charge, demand, collect or receive a greater, or less or d ifferen t compensation fo r any product or commodity furnished, or to be furnished . . . . . as specified in it s schedules on f i l e and in e ffect at the time". I do not think the ordinances of the City of Los Angeles prescrib­ing water rates, have any bearing upon the situation. So fa r as con­cerns the cars of water heretofore delivered under the circumstances, i f we charge a reasonable amount for the water delivered, while i t might be held to be a technical violation of the section of the Public U t i li ­ties Act above quoted, in that we have no t a r iffs covering such sa l"s, I do not suppose fo r a moment we would be prosecuted. However, i f i t is desired to place ourselves in a position so that we can make further deliveries of water under the same circumstances, i t might be wise to take up the matter with the Commission and work out an arrangement satisfactory to them. Yours very truly,