Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-30
TIE DRAINAGE ACT.
Proceedings Commenced by the Attorney
General to Test Its Constitutionality.

of the Supreme Court as to the constitution
menced and disposed OF in the Superior Cour,
of this county before Judge benson yester
day. The action is brought by the State,
represented by Attorney General Hart and
J. H. Dickinson, of San Francisco, and
against W. II. Parks, Niles Searles and w.
f. Knox, Directors of Drainage District No.
l, for whom l. S. Belcher appears.
The complainant alleges that the defend
ants on or about the 14th of June, 1880,
usurped the Office of members of the Board of
Directors of Drainage District No. l, and
have since unlawfully withheld said office
aud unlawfully discharged the duties thereof
that on May 26. 1880, the State Engineer
submitted to Governor Perkins, Surveyor
General Shanklin and the State Engineer,
who were then assuming to act as Board OF
Damage Commissioners, under the Act of
April %, 1880, his report, recommending the
formation of a drainage district; that on the
18th day of May said Commissioners adopted
said report, amended, and formed Drainage
District No. l. That the Governor. in &C
cordance with said Drainage or Debris Act, on
the Sth of June, appointed the said defend
ants as Directors of said pretended Drainage
District No l, and they duly qualified to act
| as SuCn IcTudt4tftl Vi sdtu ulsb4iGb
and appointment of said Directors was with
out authority of law and void that said Di-
rectors are about to enter into engage
ments for the construction of dykes. en-
bankments levees and other works for drain
age OF said pretended district and the i'm
provement and rectifcation of river chan
nels therein, thereby to incur the expendi-
ture of money to be paid by said district and
to the great and irreParable injury of the
residents and taxpayers thereof that said
defendants as such Directors are about to
levy tax upon the property in said district
of oDe-twentieth of one per cent. on the
value of the property of said district. said tax
! being for the year from October, 1881, to Oc-
| tober, 1882; that if said tax is levied numer.
Gus actions viii result to prevent the collec-
ton of the same therefore the plaintiffs
prays Tor judgment against the said defend
ants:
First-That defendants, and each of them.
be ousted from said Office OF Director OF
Drainage District No. l.
Secosd-That said defendants be per-
petually enjoined and restrained from letting
any contracts for the building of dI kes, en-
bapkments or other work for the drainage Of
said district.
Third-That said defendants be perpetu-
ally enjoined from levying any tax whatever
upon the property, or any property within
said district for the purpose of providing
funds for the payment of the cost of building
works of drainage or for any other purpose
Fourth-For a decree of Court determine
ing that said asserted Drainage District No
has not been legally formed, and is not
drainage district.
Accompanying the petition was filed an
agreed statement of facts, reciting the pas
sage of the Debris Act, the formation of the
district, the appointment Of the defendants
as Directors, and their acts as such, as re-
ferred to in the complaint.
In answer, the counsel for the defendants
filed general denial, and asked for the dis
niissal of the case. with costs, etc.
The case was submitted upon the pleadings
and agreed statement of facts, whereupon the
Court gave judgment in favor of the defend
ants, with costs, and dismissed the action
without day. Notice of appeal to the Su-
preme Court was filed, and it is expected viii
be heard at the approaching term.
The CoyoERr-Mrs. Carriers concert at
the Congregational Church last evening was
a success, III that it was pleasing throughout
and drew together an exceedingly large aud
ience The stage was very attractively
dressed with flowers. The programme was
carried cut as heretofore announced, the
numbers being filed by Professor Fleissner az
piauosoloist andacconpanist, the beneficiary
Mrs. Carter, contralto soloist; Mrs. Berkey
and Miss Boil, accompanies Mrs. Gussie
Wilcox, piano soloist; MIR. De Yoe, basso
soloist Mrs. Bruno, Mrs. Hansbrow and
Mrs. Lanphere, soprano soloists Messrs.
Craudsll and Moore. tenor soloists; Professor
Bernard Kerle, violin soloist; Goodwin Nc
Neill, baritone in q quartet, with Messrs.
Moore, Crandall and Dc Yoe, The audience
was very kindly disposed and the friends of
the performers were lavish of floral offerings
which were nearly all exceedingly hand
some and made up of very choice
selections OF flowers. TIE number Of
these tributes bestowed upon the bene-
appearing was recalled, and the auditors were
as profuse of commentator as the most ar
dent lover of popular applause could desire.
General excellence marked the programme,
and there was no one Of the singers or instru-
mentalists who failed to deserve recognition.
Where there was such uniformity Of good
vocalism and Instrumentation distinctive
notice is unnecessary. In the opening num-
Der, a serenade by male quartet MIR.
Moore, the tenor, was taken Ill and the piece
had to be cut short, but the singer recovered
sufficiently to afterward appear 10 q solo and
an interjected male quartet. Mrs. Carriers
number on the programme was sung to
violin obEgato by Professor Kerle.
ESCAPED PRIsoNEBs.-D Reed, II.
C. Coleman, i. c. Hall and All Sam were
recently arrested for robbing railroad car
at Truckee. They were examined before
Judge Weller at Truckee, and held to answer
before the Superior Court of Nevada county
in the sum Of 81 900 each. While in Jail at
! Truckee Reed and Coleman attempted to es-
cape, but their efforts were frustrated, and
Judge Weller held them to answer in the
sum Of $1,000 additional for attempting to
break Jail. The four were being transferred
the day before yesterday from Truckee to
| Nevada City in charge of railroad officer
Hickey and constable Reed of Truckee.
| While the train was standing at Emigrant
! Crap, and while constable Reed had stepped
away a moment from them, Coleman, Reed
and Davidson, who were handcuffed together,
jumped from the train and escaped in the
darkness. Search was Immediately instisu-
ted for them, and at latest accounts was still
in progress, but thus far without success.
SABBATH SCHOOL PIcNIc.-The picnic held
| by the Sunday-schools of several of the
city churches yesterday was a very pleasant
affair to the participants. There were nine
passenger and two baggage cars composing
! Tile bidtH 1-fS4 ttltllB pdsscu uti p4edANilAI'
| The weather was delightful and the grounds
/ in fne condition. The day was spent in
merry enjoyment by the little ones, while the
older portion of the company sought to aid
them in making the occasion as happy as
| possible to them. There were croquet, ball
| playing, swinging and other amusements to
! engage in, and many visited the State Prison
| grounds. The train left Sacramento in the
morning at 8:45 and arrived here in the
evening at about Z.
VISIT TO EAST PARE.-Mr. McNasser,
proprietor of the Golden Eagle Hotel. took
the members of the Legislature who are stop
ping at that hotel and their wives IN his new
sixty-seat bus yesterday afternoon, and made
an excursion drive to the East Park grounds,
where band was provided by him for
dancing and supper served. There were
about forty in the party They returned in
the evening having enjoyed a very pleasant