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
atty of the Drainage or Debris Act, was con- :
menced and disposed of in the Superior Court
of this county before Judge benson yester-
day. The action is brought by the State,
represented by Attorney General Hart and
J. II. Dickinson, of San Francisco, and
against w. III. Parks, Niles Searles and w.
F. Knox, Directors of Drainage District No.
l, for whom |. S. Belcher appears.
The complainant alleges that the defend.
ants on 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
and 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 Board OF
Drainage Commissioners, under the Act of
April % 1880, his report, recommending the
formation of drainage district that on the
2Sth 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 9Th of June, appointed the said defend
ants as Directors of said pretended Drainage
District No. l, and they duly qualified to act
as such that the formation OF said district
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
provemept and rectiGcation 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 a 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 De-
| 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.
Second-That said defendants be per-
petually enjoined and restrained from letting
any contracts for the building of dykes, en-
bauknents or other work for the drainage of
said district.
Third-rhat 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 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
fled general denial, and asked for the dis
missal 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 fled. and it is expected will
be heard at the approaching term.
THE CoNcERT.-Mrs. Carriers concert at
the Congregational Church last evening was
SUCCESS, III that it was pleasing throughout,
and drew together an exceedingly large aud
fence The stage was very attractigely
dressed vita flowers The programme was
carried out as heretofore announced, the
numbers being filed by Professor Fleissner as
pianosoioist and accompanist, the beneficiary,
Mrs. Carter, contralto solcist Mrs. BerSey
and Miss Bohl, accompanies; Mrs Gussie
Wilcox, piano soloist; MIR. De Yoe, bAsso
soloist Mrs. Bruno. Mrs Hansbrow and
Mrs. Lanphere, soprano soloists Messrs.
Crandall and Moore tenor soloists; Professor
| Bernard Kerle violin soloist; Goodwin Nc
Neill baritone In quartet, with Messrs.
Moore, Crandall and De Yoe, The audience
was very kindly disposed, and the friends Of
the performers were lavish of floral offerings,
which were nearly all exceedingly hand
selections of flowers. The number of
these tributes bestowed upon the bene-
ficiary was especially large. Every person
appearing was recalled, and the auditors were
as profuse of commentator as the most ar
dent lover of popular applause could desire.
General excellence marEed 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 mum
Der, serenade by male quartet, MIR.
| Moore, the tenor, was taken Ill and the piece
| had 20 be cut short, but the singer recovered
sufficiently to afterward appear 10 a solo and
an interjected male quartet Mrs Carriers
number on the programme was sung to
violin obligato by Professor kerle.
ESCAPED PRIsoNEBs.-Davidson Reed, II.
C. Coleman, T. c. Hall and All Sam were
recently arrested for robbing a 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 81 coo 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 insti5u-
ted for them, and at latest accounts was still
in progress, but thus far without success.
SABBATH School P1cNIc.-The picnic held
by the Sunday-schools of several Of the
city churches yesterday was very pleasant
affair to the participants. There were nine
passenger and two baggage cars composing
the train. Everything passed off pleasantly.
The weather was deligh and the grounds
in hne 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 aud other amusements to
engage in, and many visited the State Prison
grounds The train left Sacramento in the
morning at S;45 and arrived here in the
evening at about Z.
VIsIr TO EAST PARK.-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 a band was provided by him for
dancing aud supper served There were
about forty in the party. They returned in
the evening, having enjoyed very pleasant