Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-15

ceeding to this Court which, it Is claimed this
statute has clothed with like jurisdiction.
The jurisdiction conferred upon this Court by the
Constitution in special cases and proceedings is
like that vested in the County Courts under the
former Constitution There were many Acts passed
by the Legislature from time to time, authorizing
proceedings to be transferred from Boards of Super
vsors and from other Boards of officers to the County
| Courts for adjudication and determination They
were generally proceedings rela ing to opening
roads, streets, altering, widening and changing
streets and other highways, wherein the property OF
individuals was taken for public use. The questions
submitted TO the Courts for determination IN those
cases related to contests growing out OF the APP
praisement of the value of private property sought
| to be appropriated, or the estimated damages
caused and in opening streets where other contigu
| GUS property declared to be benefited. Ques-
lions arising in regard to assessments for dement's
were submitted to the Courts for determination
| Those Acts generally provided that any person in
| terested, who felt aggreyed by the action OF the
Board OF Supervisors or Commissioners IN awarding
damages or assessing benefits upon property owned
by him, was authorized to file in the County Court
petition alleging the cause of grievance, and pray
ing to be heard thereon, etc. and upon fling SUCH
petition, notice given to the Board OF super
! visors, or Commissioners, VINO allowed to ap-
/ pear IN support OF their action The County Court
| upon the hearing authorized to make an ord r
| directing that the proceeding be transferred into
| Court for examination and adjudication When
| such order made the law required that the
original papers and proceedings should be trans
| ferred INTO Court, ana the Acts prescribed what
practice should govern the trial. and what Judgment
should be reud e l. and o il should be entorcei,
| And those statues generally declared thai the
County Courts should nave and exercise jugisdic-
ton Of the case, which declared to be special
case or proceeding; that the Court should hear and
dispose Of it as such special proceeding When its
| decision was made the law declared lis effect and
office. As before stated, those laws provided for
transfer of the proceedings into the County Count
| upon application of persons who were aggreved by
burdens imposed upon their property by the BoarGs
of Supervisors or Commissioners in srnents for
benefits which it was estiuated they would receive
by reason OF the improvement ard which they were
require TO pay or questions involving the value
OF lands taken or roposed to be taken from them
and dedicated 10 a public use or damages which
they would suffer by reason of the work being done
as proposed The questions submitted to the Court
under those statutes grew out Of matters Of differ
ence as to carving out and executing the original
order which declared the necessity for such public
Improvement 1t is d ubtfuI whether any statute
can be found where he Court has been authorized
or ren1ired to review or examine the an, stion
| whether or not the public convenience would be
suhserved by MAKING the ip1rovement. whether
the nnhic street or road was necessary or whether
the public convenience demanded that il should be
widened straightened or otherwise CHANGED Such
ouestions are not judicial hut rather belong to the
legislative department OF government; and when
nsssed unon and determined nv that DEPARTMENT
such determination is final in ali cases where the
eTercise at fIe mower and discretion Is within the
linlits prescribed nv the Constitution and laws
The use OF the term appeal in the Act under con
of the Court actint I1uder ii appellate The sub.
stance and intent 9f the Act and Of the whole pro.
q edie, authorized nv the Act mist he looked to in
deternniu,r the Jurisdiction to be exercised under
it Mr. Justice SapdeIson in sherman vs. Quick
f21 q Only states the r1l,e thns In 1,assnr on
the consttutionality of law il is the duty of the
Cnurts to look to the tre object of the law and to
trace ont its tr, results and not 10 he quded by
th,se iactS ar results which the LEGISLATURE may
have mistakenly declared And if the law he
found to be consistent with the Constitution,
or within the Acknowledged powers of the Lepisla
ture to UNFOLD il In Kicks VS. Reed 40 Cal.
kay ,a bald nv Mr. Justice Field who wrote the
o.nnion of the Cont that the Act OF the egisla-
tI,ra nj 1ttb nj January 1s60 r4gIatiu fbe mode
nf saftliu claims 10 Iofs sit11aTed i'm he town of
Humboldt autborizin1s certain proceedings to be
tic, ,efnre +e corrrote authorities nf the town
ana irving to al aopreved party the right OF appeal
ia the conty Corrt was constitutional Tor the rea.
son that the Jurisdiction vested in the County Cour5
b, tb terms al the Act was ORIGINAL and rot strictly
anne late Although the Act denomilated the pro-
caadinns an aupe3i nv the terms of the Act in
case am, cairna who felt aorieved bv the decision
nj fha iTrl,ttes nf tn, tor could take an anpea1
IN the Cnty Court and re1,,ired the rro-ee1Iinas
- no +sta, IN the County Cont m. co,npl9int an
sv,ar ar demurrer and that the proceedinus should
he ,,cte a. ,irli1,,, IN law and rues anriicgh lie
~ .ations in C6I,rts Of record And vyben iJId,,
,,et ,vas rendered the Law, provided that the 7fs-
el ~ ~ d fa,S sli6 is t |rte IF mr.
49, 20 ~ ,r+ IL, ,,tso f,,,. ind n1,,t Voc rsI,
darsi The decision in that case rested mainly
- ~ -, ~ Tbe ,,rlsIi7s bef,rre tho co..
- ,ttri,iss of +f,a t,,,, 95r,5er the sc+ of
ISaS e e,e,jai ae,. widths, article VI Section q
- a. 1ii;I't; II 10 ,,,,,I,- a s+otI,tl,r,, 1r,
VI VIZ $3.50 I'D tsatJ fI +f l
~ rtC,,,a ,,r a. lid The c,Tora+e
sItbnritiss in the execn1on Of the trust deYoiyed
I1Iop them under the Act Tho Cont held that bv
~ f,s of tfc Act the i,,risTtin, ,,esfed in tbe
Cunt, Cort was moi an,eIIate aItbouph 80 dos
i1atad tFat il was ORIGINAL inrisdlctjop which
nc st ,o,farred The r9ht nj the I,arties to me
lats n,,,er the rnlas and rSo1atons prescribed Inv
,,+bnt reference to the evidence nresenten to the
BOARD of Trustees. The whole matter is to be in.
ves+i,rated anew and the action of the Board of
onl,- haf.,11e material A. f11r is,irt- artbor
itv for The proceedings before the County Court
when therefore the Act SAYS that in case any
claimant shan feel agrieved 6y the decision of the
Trustees he may take an appeal to the County Court
and reo11ires the prCceednrs there to be hy COM
ylainf answer or demurrer ana in conformity with
The r1Ies applicable TO actions in Courts OF record
il only means that if the complainant be dissat5-
fed with the decision OF the Trustees he may have
his riyht investigated and determined in an action
bro11ght aranst the successful claimant in the
County Court The principle decided in that case
was that il il clearly appears from the lodv of the
Act that the irisiic ion given by it is original and
not appellate. mis- axe OF the Legislature in desIE-
natinse he Jurisdiction as appellate does not make
itso
n 10 the dut, of the Court to execute the laws
according to their trus intent and meaning that
intent when collected from the whole Act every
mart of it taken together must prevail over the
literal terms or strict letter of the law when the
srict letter would lead to probable Injustice. con
tra5iction and absur,litv. When however, the Ian
,,se ,sed in the statIIte is Main certain and nrc
se and its meaning is evident and no anbiouifv is
found in il and when ,ts laug1,aee leads To no All
s6 cci,,eio,s there Is no re.s6n fr ref,,si,,o, tn
dit tb r,eanine, which the words naturally CON-
Te In s,1c, cases If is NOT allowable to Give the
Ia ,Sn4 any otber intcrnretstion or Tnas,,i,,C
H.. ne ,,9r5s 81 the Act irnndrt
ts sh,,id ,o+ IL, riar 10 rive effoct IN vbo+
49, s,,,,ose t he he int+io Of the Teofslat,1r
NJ tf ,,rot>isirns nj etatnte constrIctnp
puo "pon re "a h tb ss oins 81 tta St
Ig o nv SO ,P rets of b
Int 70 coIIeat them from the words used
ID c TN, 80 nofhino ~ do ,,itb tbe
;mo ~ low IN ,,st oscarF,ir the reaI intet
poSI u og j ~ nsib J 49, TIT ;tt
III wy ~ ~ a ~ go 81 CT ~ II tS %
mas tG 10, Sered in " ster,iiTo rho oS
i ~ Jo1Sr IN - i1 th Sc+ of tbe Iftb of
tno LII Tvs NJ w ahi,itT in tho words Of the A.
% ar ~ he IN ,h ~, tor ar Of The section
,;' 49, W flio g S,iP 1s,i boI he
VIM reGu rroSeo,,feG in tho yenner Prascrbed NV
ti1S Of tb ca IN S,,,,er;or Court and shall he tried
o,lo Tb i5ent Of the S,Inerior Conrt shall
az 81 E S7,,o;or Co,rt in tbis Stote il, which
49, aT syan land or reclamation districts
bu lSe r,,ies ray,,Iating anneaIs in the cases
fro ,,1entoned This Inortion of the Net
| douhtiess was intended to reoIirc the SUPERIOR