Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-20
THE DRAINAGE CANAL CASES.

These cases, which are actions to abate the
flowing the Sc wage water into Bsach's Lake,
near Freeport, about eight miles below the
city, came up for argument on demurrer be-
fore Judge benson yesterday. W. a. An
derson, City Attorney, and Grove L. john
son argued in support of the demurrer: First,
that the land in question was and IS swamp
and overhowed land, and as such is under the
absolute control OF the State for drainage or
reclamation purposes that the Legislature
having provided for the construction OF this
canal for drainage and reclamation purposes,
that no action could arise in favor of any
swamp-land owner injured, or claimed to be
| injured, by any acts or work authorized by
such Act Second, that the action cannot be
msintained, the authority to construct the
| canal under the Act of the Legislature of
March so. 1878, being license TO do the
work, and operates as a complete and full
immunity from the action, relying on
| az Cal, BAD, and decisions affirming
the same. Third, that the action to abate a
nuisance cannot be maintained, it being au-
| thorized by the express Act of the Legisla-
| ture under Section 1882 of the Civil Code
which reads az follows: Nothing which IS
done or maiotained under the express au-
thority of statute be deemed
nuisance" Fourth, that even if plaintiffs
were damaged their present form of action
could not he maintained. there being plain
remedy at law, In which case Court of
equity will not interfere. Fifth. that it ap-
pears from the complaint that Reclamation
District No. l should be q party to the
action.
There were several minor points with rega-d
to the complaint argued which were outside
Of the main question. A large number of
authorities were presented and cited in sup
port of the various positions set forth.
Plaintiffs counsel, j. w. Armstrong,
argued in opposition to these points, and
claimed thst the acts OF the city in overflow.
ing their lands amounted to taking of the
property of defendants without any compen-
satiop, which is contrary to the constitu.
tional inhibition that private property shall
not he taken for public uses without just
compensation. The counsel argued at
length, and read many authorities in support
of this position. He also urged that the
present form Of action was the proper remedy,
and that the nuisance could be abated upon
an appeal to Court Of equity jurisdiction.
The Court took the case under advisement,
and promised decision at an early day.
RIVER SHIPMEET5.-The Modoc did not
arrive here yesterday morning until about
half-past 10, owing to definitions from hand
ling way freights she brought up 1070
cases Of canned isa'mon from Colinsville,
which weighed 80 tons OF this 325 cases
were consigned to parties in st Louis, 400
cases to Chicago and 325 cases to Cincinnati.
The salmon in the Sacramento this year has
been exceptionally good, and it is expected
that not less than 1000 tons of canned salmon
river and shipped East during the season.
The Modoc also brought from Walnut Grove
and other river stations above that point $50
boxes of fruit for shipment to the East.