Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-14
THE DEBRIS BILL.
It's constitutionality to be Tested in the
Supreme Court

10. Il. C4li3 1ldASH 4oeh-i
A petition for writ of prohibition was
heard yesterday in the Supreme Court in
the case Of w. w. Cannon against D. NJ.
Kenfield, Controller of State, and John
We'll, Treasurer. The petition sets forth
that at a session of the Legislature held
during January and February, March and
April, 1880, bill was introduced entitled
San Act to promote drainage, and duly
passed by the Senate and Assembly and APP
proved by the Governor. Petitioner al
| leges that the Act embraces many subjects
not expressed in its title; that it delegates
to a special commission power to levy
taxes, to make municipal improvements
and to perform other municipal functions /;
that it levies special tax upon all the tax
able property in the State that it levies
assessments upon private property within
special districts for local purposes
special tax for special purpose that it is
a special law for the assessment and collec-
ton OF taxes that it attempts to confer
the power of eminent domain upon body
not competent to exercise it; that it makes
special provision for the auditing OF
/ claims arising under it; that it discrim.
mates against Chinese or Mongolians, so as
to deprive them of the equal protection of
the law; that it provides system of tax
alton which is not uniform or equal. For
the foregoing reasons and many others said
Act is wholly unconstitutional and void.
That under the Act public corporation
for municipal purposes, designated Drain
age District No. l, was created, embracing
all that part of the State drained by the
Sacramento river and its tributaries. That
under the Act
SPECIAL TAX
| OF one-twentieth of one per cent. was lev
led on all the taxable property of the State,
and-a special revenue amounting to S293,
100 was collected also special tax was
levied in certain portion of the State
Drainage District No. (which amounts
| to $50, 33l ; and also further special tax,
or assessment, was levied and collected
upon the use of water by miners engaged
in hydraulic mining within said district,
amounting to $50, III, all of which sums
were paid into the State treasury to the
credit of certain funds designated in said
Act-the State drainage construction fund
and construction fund of Drainage District
No. all of which taxes were wrongfully
and unlawfully levied and collected. That
in further pursuance of the Act aforesaid,
on the 10th day of june. 1880, W. FL.
Parks, w. F. Knox and Niles Searles were
appointed special Commission, designated
the Board of Directors of Drainage District
No. l, organized as aforesaid, and there
after they entered upon the execution of
certain plans of works involving the con-
struction of dams across the Yuba and
Bear rivers, tributary to the Sacramento
river also involving the construction of
levees along the Sacramento and other
rivers. That in the prosecution of said
works, aud otherwise, large sums of money
were expended, amounting on the Doth day
of December, 1880, to the sums and for
the purposes following, as appears by the
official report of said Directors for the year
1880:
State Engineer Department-pay-r oll S12,2 1852 90
State Engineer Department-eXpenses. 515S 81
District Engineer Denartment-nav-roll z S41 Al