The Shasta courier., 1859-06-11
Supreme Court Decision.

Supreme Court Decision.
WAUGH vs. CHAUNcY l. SwINFoRp.-Tbis is
hin filed to enjoin the erection of a toll bridge
In the Sacramento River The defendants had
lrocured license and order from the Board of
kuneryisors of Shasta county. The plaintiff
omplains that he is the owner of ferry legally
established, situate near the site of the nronosed
hridqe. and that the effect of the building Of the
bridge will be to injure his franchise and prom
erty. He asserts that various irregularities in
Ehe action of the Board, in granting the bridge
license, occurred; and, among other things. that
kbe Board acted upon insufficient proof in grant
ng the bridge license.
On demurrer, the Court held that the plaintiff
vas not entitled to an injunction.
Hence, this appeal.
The opinion of the learned Judge of the Ninth
udicial District is in the record, and states the
Aw in reference to this case with clearness and
accuracy.
! The Board of Supervisors is special tribunal
18th mixed powers s-admininistrative legislative
nd udicial-and jurisdiction over roads, fer
les and bridges is given it by the statute Its
bdpments or orders cannot be attacked in
bllateral way, any more than the judgments of
ourts of record. n Blacks, 68; 6 Cal. 59e.)
By the sixth section of the Act concerning
erries and toll bridges, Woods Digest, 460,) it
provided that no ferry or toll bridge shall be
Established within one mile Immediately above
below regularly established ferry or toll
ridge, unless it be required by the public con-
tenience, or where the situation of town or vii
age, etc. 1t is thus seen that the mere fact of
PROXIMITY is no bar to the establishment of a
erry or toll bride but the meaning of this Soc
ion is, that the Board shall be governed, in
ases of such application, by its sense of the
ublic convenience. Its discretion is trusted on
nat subject, and its judgment is conclusive
I've do not see that any appeal would lie from
lair and proper-if, indeed, from any-exercise
bf this discretion. But, if any appeal does lie,
the appeal must be directly made to some supe-
rior tribunal. Its judgments or orders cannot
be collaterally impeached, whether it acted upon
sufficient or insufficient proof, regularly or ire
gulary Morris v. Farmers and Teamsters'
Company, 6 Cal, 59s; II Ala. 567)
The judgment of the Court below is affirmed.
BALDWIN, J.
concur: TERRY, C. J.
ESfg- On the 4th inst, miner named John
Bulmer, from Shasta county, with 1000, came
Fcry near getting clean daft by the fear that he
|vould be robbed of the same. He first was i'm
pressed with an idea that the garrote game was
Sought to be played on him, On the boat. i'm
nediatey after its arrival at the wharf. He
umped out of that difficulty, by jumping to the
wharf, and thereby cripplng one of his feet. He
hen ran screaming, murder, robbers &c, until
lie reached the What Cheer House. Here he
vas gwen back room, which again aroused
lis fears for his money, when he got into the
street, where policeman found him crawling.
lis feet being too much crippled to walk upon.
The policeman had to carry him bodily to the
station House.
TEHAMA CoNvEyTIoN.-This body adjourned on
last, after electing and instructing del
gates to the State Convention for Denver-del-
gates to the Senatorial Convention in favor of
nominating the following County
Ticket
Tom Alpaugh Sheriff; S. NJ. Bishop, County
;lerk; N. R. Harrison, District Attorney; J. G.
)oll, Treasurer S. B. Shaw, ASSESSOR NJ L.
chandler, Public Administrator; L. B. Healev,
surveyor; P. W. De CURE, Sup. Com. Schools
)r. E. B. Hand, Coroner
This is very admirable ticket Tom AL
augh lived a long time in this county, and was
lways sterling Democrat. Tom we wish we
ould give you hundred votes for the service
ou rendered us on q certain occasion. The
ntire ticket ought to be elected.
Down ON SECRET SoCIETIEs.-Fathsr Handy,
fEl Dorado, at the burial of an Irishman named
'rozier, who was member of the Temple of
Ionor, according to the Placervile Observer,
enounced all such organizations in unmeasured
erms, as being opposed to religion and in open
iolence against the will of Mother Church.
laid he:
" If my father and mother belonged to one of
hose secret societies. and were both upon their
cath beds, with all the devils of hell around
hem, could not raise my hand to save them,
r even give them Christian burialP p
Basr 1t has been said that John Nugent in
ended to withdraw his name from before the
after few ballots, in favor of La
ham. The Herald denies this, and says that he
will continue candidate until he is nominated
r defeated.
FIT EMBLEM.-Jane Whipple, of San Francis
o, fair but frai girl, is in the habit of carry
ng tame snake in her bosom, which she
andes without fear and without danger. There
another snake there from which Jane will yet
uffer untold agonies, unless she repents-the
nawing worm of conscience.
HsA. Late foreign advices confirm the state
lents of the British papers that Lord Derby re-
udates Ouseley's Nicaragua treaty, for not
to the original understanding with
he Government of the United States, by which
he Mosquito Protectorate was to be relinquish-
d simultaneously, and the Bay Islands receded.
lew negotiations are to be Immediately under
AIKEN.
A KINGLY AcT.-King Kamahameha has been
irculating subscription book for the purpose
I raising the means necessary to build hos
ital for the sick. He obtained 900 in Homo
llu alone
THEATRIcAL.-Stark, one of the greatest ac-
ors we ever saw, has been performing in this
lace during the week. We are informed he
las had full houses.
AS will he aaop h., raco..,o. J., ~ corrnSn0n-