Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-15
IMPORTANT DECISION
IN REGARD TO SWAMP LAND RECLA-
NATION DISTRICTS.

| III IuS CdsCs lctcITCQ W. HC DOdlu
of Supervisors of Sacramento county granted
the petition, in several cases, for the forma-
ton of reclamation districts on Grand Island,
from which certain owners of land on the
island appealed, and the question was
whether the Superior Court had jurisdiction
to entertain the appeals. The question was
argued on briefs submitted in behalf of the
petitioners by Messrs. Armstrong, McKune
and Catlin, and in opposition by Messrs.
| Williams, BixIer and Gordon, in behalf of
those opposing the formation of the districts
! lin the Superior Court OF Sacramento county,
! In the matter OF the petition of E. r. Paryin ct
ais. for the formation OF new reclamation district
out of a part OF Grand Island.-The record in this
case shows: That E. r. Partin and others petit
! toned the Board of supervisors OF Sacramento
| county, at 2 regular meeting of the Board on the
lItb OF june 1880, in writing, in which petition
they represented in substance that they were the
owners and held title and evidences OF title to
l,454 % acres of swamp and overflOwed land stu
ated in Grand Island, IN Sacramento county, being
| part OF Swamp and and Reclamation District No
| 3, and alleging among other things that all OF
the lands owned by the petitioners were susceptible
of one mode Of reclamation and capable of an indie
pendent reclamation that said lands had not been
reclaimed that the petitioners desired TO adopt
means to reclaim the same. and Tor that purpose 10
form and establish reclamation district to include
/ their lands, which specifically described by
legal subdivisions and other boundaries in their pc
Triton. The petition duly verified by one OF the
petitioners.
Upon presentation of this petition the Board of
Supervisors maze an order fixing the time for hear
ing OF the petition the goth of July, 1880, at
O'Clock NJ and directing that the petition be filed,
and that it be published in the Sacramento DAILY
/ Bee, newspaper published in Sacramento county,
and that copy of said order be published with the
petition and mat the affidavit OF publication there
OF be flied with the Clerk Of the Board Of Superyis
ors at or before the time so fixed for the hearing.
/ Ii also appears that The matter came on for hear
ing before the Board of Supervisors on the 20th Of
! july 1SS0, when proof was made of the publication
/ OF the petition aud order. The petitioners were
represented the hearing by counsel in support of
the petition and counsel also appeared at the hear
ing representing D. Bixer who opposed the grant
ing Of the petition opposed the formation OF the
district His opposition was not made In writing.
/ From the minutes OF the Board ii appears that at
the time fiXel the Board of Supervisors proceeded
! to hearing when proof OF due publication of no.
tice ana the petition was made, and witnesses were
| examined both il support OF and in opposition to
/ the petiton The testimony being closed after ar
g1ImenJ OF counsel the matter submitted to the
| Board for its decision. Thereupon the Board made
order recting among other things that the state
ments In the petition were and are true and correct
and That there was no land Improperly included in
or excepted from such proposed district and ordered
and adjudged that the said petition be approved
This order signed by the Chairman of the Board
SupeENlSOES atLtSttu DN ItlG ClGrk ana
the 22d OF July 1880, and attached to the petition.
1hc petition and order of approval filed for
record and recorded on the I'd OF August, 1856, in
the swamp land records of Sacramento county.
On the 10th OF August 1880, David BiXer filed a
notice appeal from the order OF the Board of Su
pervisors made the 22d of July, and also filed his
affidavit in the office of the Clerk Of the Board OF
SUPERVISORS alleging in substance that the lands
comprising Grand Island formed into a reca-
nation district over ten years ago. known and num-
bered as District No. 3 that said District
No. 5 has always had and been managed
| by Board OF Trustees, and has expended
large sums Of money in constructing levees aud
reclamation works that levees have been con-
structed and large portion Of the district is in
closed by such eyees, all Of said levees longing
the entire district that he has, as an individual
owning land in the dist ict, paid assessments for
reclamation purposes OF over $40 COO that he is the
owner OF one undivided One.tiird OF more than nine
Thousand of land in the district that the dis
trlct IS indebted IN sum exceeding 100000, Tor
! which warrants have been issued by the Trustees
and approved by the Board Of Supervisors of Sacra
mento county, that he is the owner Of an undivided
one-third of more than $751; 600 OF said warrants ;
! that the new district formed by the order OF the
Board of Supervisors, made on the 22d of July, $780,
approving the petition OF L. K. Paryin and others
forming reclamation district OF part Of the lands
OF said Grand Island, embraces lands which are
mostly wiUhiu the levees constructed by the Trus
! tees u District No. and reclaimed thereby.
! Said affidavit was made Tor the purpose of show
! ing his Interest in the matter. The notice of appeal
neys within thirty days after the order made by
the Board of supervisors the appeal was perfected
by fling with the Clerk Of the Board of Supervisors
| an undertaking on appeal IN the sum of one hun
bred dollars the appeal was taken and perfected in
accordance with the rules Of this Court regulating
| appeals in swamp land cases, adopted on the 30 OF
August 1850 The appeal is taken under and by
/ virtue OF the Act of the 10th Of April Statutes
! 1850. page 119) which is as follows An act pro-
viding Tor appeals from orders forming reclamation
OF swamp land districts, setting off lands from such
districts or consolidating districts.
| "Tre people Of California, represented in Senate
| and Assembly, do enact as follows
! "Section / Anvperson having an interestaffected
/ by an order Of the Board OF Supervisors OF any
! county APP proving petition for forming recanla
ton or swamp lard district III any Great
in district or setting OFF lands from a district or
| consolidating districts, may appeal therefrOm within
thirty DAYS after said order is made to the Superior
| Court of the county. Such appeal shall be taken
| and prosecuted in the manner prescribed by the
| rules of said Superior Court, and shall be tried
anew The Judgment of the Superior Court shall
be final Each Superior Court in the State in which
/ there are any swamp land or reclamation districts
! shall make rules regulating appeals in the cases
| hereinbefore mentioned.
''sec > This Act shall take effect and be in force
from and after its passage" The Act approved
| April 10, 1850.
The respondents move to dismiss the appeal
upon several grounds stated in their motion The
most material are embraced in the first and sixth
| grounds of their motion, viz
That this Court has not jurisdiction to entertain
| an appeal from an order made by the Board of Su
pervisOrs that the Act OF the 10th Of April allow
| ing this appeal is unconstitutional and void. The
| Board of Supervisors not being Court but an ex-
ecutive body appeal can be given from its orders
| to this Court.
The jurisdiction of this Court is defined in Article
| VI, Section 5 Of the Constitution, as follows:
f'The Superior Court shall have original jurisdic-
ton in all cases in equity, and in all cases at law
which involve the title or possession of real prop
ertY, or the Legality OF any tax impost assessment,
| toll, municipal fine and in all other cases in
which the demand, exclusive of interest, the
v5lue of the property in controversy, amounts to
$780, and in all criminal cases amounting to felony
| and cases of msdemeanor not otherwise provided
| for of actions Of foreible entry and detainer of
proceedings in insolvency. of actions to prevent
abate nuisance: of AL matters OF probate; of di
vorce and for annument of marriage, and of all
such special and proceedings not other
/ wise provided for; and said Court shall have the
power of naturalization, and to issue papers there
for. They shall have appellate jurisdiction in such
cases arising in justices and other inferior Courts
in their respective counties may be prescribed by
| Jaw"
Section ! of the same article provides that the
! judicial power OF the State shall be vested in the
| Senate sitting as Court OF impeachment, Su-
preme Court, Superior Courts justices OF the Peace
| and such inferior Courts as the Legislature may
establish i'm any incorporated city or town, or city
| and unity.
Section IS of the same article says that the Legis
lature shall Tx by law the jurisdiction OF any III
terror Courts which may be established in pursuance
of Section of this article, and shall fix by law the
powers, duties. and responsibilities OF the Judges
| thereof.
The inferior Courts designated in Section of
Article VI of the Constitution, from whose judg-
/ ments appeals are allowed to be taken to the SUI
perior Courts doubtless the inferior Courts
referred to in sections and - OF the same article
which the Legislature is authorized to establish in
any incorporated city or town, or city and county.
The Constitution having designated specifically
that the Superior Courts shall have appel ate juris
| dicton in cases arising in certain Courts named,
! such designation should, it would seem, exclude all
other appellate jurisdiction.
| It seems hardly possible that the trainers OF the
Constitution intended to include the Boards of Su-
pervisors in the designation of inferi Courts.
Boards of Supervisors are. and always have been,
| known in our State government They estab-
ished and provided for in the Constitution. Artcle
XI, Sections 3, and O. and Article XIII Section 81
They were provided for III the Old Constitution.
article XE., Section They are essential, and the
office is indispensable under Constitution in the
organization and administration of county govern
| meuts the members Of such Boards are not judi
cal officers. The Boards OF Supervisors not and
! never have been, classed among the tribunals in
whom the judicial power of the State is vested.
| Boards OF Supervisors are never designated as
| Courts and never have been. Their powers and
duties are peculiar embracing matters in their