Sacramento daily record-union., 1881-09-28
THE DRAINAGE ACT.
The Supreme Court Decides that 1t is
ITncnn stitufi0flal


The Supreme Court Decides that It is
Unconstitutional
The Supreme Court on Monday fled its
opinion in the case of the People against
Parks, involving the constitutionality of the
Drainage Act, familiarly known IS the debris
law, reversing the judgment OF the Superior
Court of Sacramento county, from which the
case was appealed The opinion considers
the constitntionality of the Act of April %,
1880, entitled ''An Act to promote drainage"
and declares it to be unconstitutional on ac-
count of It's contravention of Section q of
Article ". of the Constitution, which re-
quires that every Act shall embrace but one
subject, which shall be expressed in its title.
The leading opinion is by Justice Mckee,
concurred in by Chief Justice Morrison. Il
says:
The question presented for consideration in
this case involves the cotstitutionality Of an
Act of the Legislature, passed April %, 1880.
1t is contended that the Act is unconsritu-
tional aud void, and is no law, because it con-
travenes Section q of Article ". of the
Constitution, which requires that every Act
shall embrace but one subject, which shall be
expressed in It's title. In the consideration
of such question, it is a cardinal rule that
nothing but a clear violation Of the Constitu-
ton will justify a Court in overruling the
legislative will. Every statute is presumed
to be constitutional, aud every intendment is
in favor of it's validity. When statute is
challenged as in conflict with the fundamental
law, clear and substantial conflict must be
found to exist to justify its condemnation.
but when found, Counts must not hesitate to
condemn.
THE SOVEREIGN CAPACITY OF THE PEOPLE.
TIE Constitution is the voice of the people
in their sovereign capacity, and it must be
needed. When it speaks in plain language
with reference to particular matter, it must
have effect as the paramount law of the land.
According to the constitutional requirement.
for the enactment Of statutory law, the title
of every bill introdu ed into the Legislature
must denote ihe sui jeet of legislat ton, and
when the legislative bill On that subject has
assumed the form of lsw, it, provisions mrst
correspond with the subject of which the
title ID the name, Standing for aud represent.
ing it. The title of the Act under considera-
ton fairly indicates but the one subject. As
expressed Ia the title, the whole object of legis
lation is :" to promote drainage" Any one.
after reading the title, would naturally expect
TO find in the body of the Act provisions for
carrying that into effect as the whole ob-
jet of the Law, because such provisions,
in view Of the constitutional provisions re.
ferred to, would be necessary to give unity
and wholeness to the law. Looking beyond
the title to the provisions embodied in the
Act under consideration, 1t will be found that
they embrace more than one subject, and the
question ia, whether all of them fall within,
or epy of them falls without, the subject ex-
pressed in the title. By Section l a Board of
Drainage Commissioners is appointed, to di.
vide the State into several drainage districts
and to establish the boundaries thereof, and
TO organize each district for the purpose of
carrying into effect the following objects.
viz: "Ths control OF debris from mining and
other operations, the improvement and recti-
fication of river channels, and the erection of
entertainments or dykes necessary for the pro-
lection of lands, towns or cities from inun-
6ation."
OFFICERS AND POWERS OF DISTRICT BOARDS.
OF the Board thus established. the Gov
ernor of the State was appointed President,
and to him, as Governor, was given power to
appoint. within ten days after the organiza-
tion Of any drainage district, three persons
resident of the district to act as a Board of
Directors for the district. each of whom was
to receive o salary of 800 per month, and to
hold office for four years. and until his sue.
cessor was appointed and qualified. To each
Of such Boards power was given to appoint
Secretary aud district and resident engineer
and to fix their salaries to determine upon,
with the aid of the State Engineer, system
or plan of works to be constructed in lis
district to agree upon and adopt plans
for such works; to award contracts for the
construction Of the same, upon the basis
that no Chinese shall be directly or indirectly
employed upon them, etc Each Board
was employed to raise money, in exercise Of
the powers of assessment and taxation, by
levying tax upon all the property of the
district, to the extent of one-twentieth Of one
per cent. on the value of the taxable prop
erty therein, and an assessment upon ali the
hydraulic mines and oil mines washing earth
or ores with water; of one-half of one per
cent for each miners inch of water of each
twenty-four hours run used during the year
and upon all swamp and oveIhowed lands in
the district, to the extent of not exceeding
SO per acre. In addition to which, provision
wcs made for the levying Of State tax in the
year 1880, and each year thereafter, of QUE
twentieth of one per cent. on all the taxable
property in the State. All these assessments
and taxes were made coilectable and payable
as State and county taxes.
THE SCOPE OF THE DRAINAGE ACT.
But the moneys thus raised were to be used
s.exclusively for the construction of dams for
impounding the debris from the mines
hereinbefore specified, and for the improve
ment and recti6cation of river channels, in
which SaL1 QeDrls H0HS. Within ln6 drainage
district to be formed under the provisions of
this Act, at such points as shall be designated
By the State Engineer, or deemed necessary
by the Board of Directors of such drainage
district" It will thus be seen that the body
and scope of the Act include combination
of subjects. Nor are all the subjects of the
Act such as would naturally fall within the
subject of its title. The storage of debris
:. from mining and other operations seems
to be the paramount object of the Act; to
promote drainage the subordinate. What
the prase other operations may mean is
not clear from the Act itself. Under it may
be concealed many subjects which are
not expressed in the title, and the
existence of such phrase in statute
renders it obnoxious to the constitutional
provision under consideration. But the
storage of debris and the promotion of the
drainage of a district of country are things
essentially different. The storage of debris
is in its nature q private enterprise in which
the few ore only interested The drainage of
STATE is public purpose, in which the
public may be interested. To promote .
public purpose by a tax levy upon the prop
erty in the State, is within the power of the
Legislature but the legislature has 10
power to impose taxes for the benefit Of indi-
viduals connected with private enterprise.