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

the rights or interests of individuals and the sam
construction would authorize appeals from othe
| Boards such as School Trustees to the Superio
| Court.
| If it had been intended that the Court SHOULD
have appellate jurisdiction of matters arising befor
Boards of Supervisors, with power TO review order
made by such Boards on appeal, jurisd ction ant
| power important and rarely conferred thu
trainers Of the Constitution would doubtless hav'
| employed language which would have more clearly
expressed that intention than the language which il
found in that instrument.
The inferior Courts contemplated in that portion
of Section OF Article W. of the Constitution defn
ing the appellate jurisdiction of the superior
Courts must have been such inferior Courts Of jus
tiee as the Legislature may establish in any incor
porated city or town, or city and county. That
language is used and is limitation well
grant of appellate power TO the Court. In declar
ing that the Superior Court shall have appellate
jurisdiction in arising in certain named Courts
1t must be understood as intended that the Cour
should not have appellate jurisdiction in arts
ing elsewhere.
The Constitution says they shall have appellate
jurisdiction in such arising in Justices Courts
and either inferior Courts in their respective coun
ties Is may be prescribed by law. And this proceed
ing not having arisen in Justices Court, nor in
any other interior Court within the co1sttutio al
designation, is not within the appellate jurisdiction
OF this Court, as defined by the constitution.
The appellant does not, however, rest the iuris
dleton Of the Court upon its appellate power alone
but contends that this Court in hearing and deter
mining this is in the exercise OF its original
jurisdiction and that the appeal so called sincerely
a mode adopted by the Legislature OF transferring
the to the Superior Court when then takes il
and tries and determines it. as though it were
originally commenced therein that the Superior
Court has jurisdiction of the under the terms
OF Article VI, Section s. because it is special case
not otherwise provided for and because IL involves
the right OF posse Of real property and because
it fails within the scope OF the general language of
the Constitution conterring jurisdiction upon this
Court.
1t is general rule that on the trial or hearing on
appeals the cause is determined in the appellate
Court upon the pleadings and the evidence used on
the trial in the court from which the appeal was
taken. This rule is not, however, universal under
our system; ever since the organization OF our
State government appeals from Justices COu is,
formerly given to the County Court, and at present
to this Court upon questions Of fact questions OF
bOh law and fact, the cause is tried anew. In the
appellate Court it has held that such trial is
not an exercise of original but OF appellate uTisdc-
ton, although the triad be had the merits. The
same issues which tried in the justices Court
are tried anew in the appellate Court. Is Cal.
Townsend VS.. Brooks, Coye VS.. Baldwin, 5 Cal. Is
People FL Dorado County, 10 Cal, 10, II Cal,
22S) In such cases the appellate Court retries the
cause and renders its Judgment without reference
to the trial had or judgment rendered III the
justices Court. The jurisdiction exercised by the
appellate Court in those causes is appellate and not
original. Chief Justice Murray, in giving the opin-
ion OF the Court IN Townsend W. Brooks, says
- Inc argument bLdb because tIS County IbuFb Is
authorized to thy these cases de novo on appeal,
such trial or examination Is an exercise of original
and appellate jurisdiction, involves q contradic
ton of terms and is not warranted by reason or
authority"
The proposition that this case involves the right
OF possession of real poverty, and the other propo-
sition that the falls within the scope of the
general language of the Constitution comforting
original jurisdiction upon this Court, involve neces-
sarly, it would seem, the c1nstitutionality of the
laws providing for the formation and alteration of
swamp land and reclamation districts. II the acts
required to be performed by Boards OF Supervisors
in these proceedings deemed to be cases at law,
and involve the title possession Of real property
if the falls within the scope of the language
OF the Constitution comforting original jurisdiction
upon the superior Courts then it would follow that
Boards of Supervisors would have no jurisdiction
in those proceedings for it Is not competent for
the Legislature to confer jurisdiction upon the
Boards Of Supervisors to try aud determine causes
which the Constitution confers upon the Superior
Courts original jurisdiction to try and eternine.
Laws providing for the organization OF swamp
land and reclamation districts and comforting upon
the Boards OF supervisors the power to receive and
grant petitions therefor, have existed in this State
Tor great number of years, and the constitution
atty Of those laws, and the legality OF the action of
the Boards OF Supervisors under them, have been by
the Supreme Court OF this State in numerous de
cisons acquiesced in and directly affirmed, and the
consttutionality OF such laws has become firmly
established to be open to discussion now
II is urged that this is a special case, not
otherwise provided for within the meaning Of the
Constitution. Whether the Legislature intended to
make such proceedings special cases or proceedings
must be determined from the langua e and object
of the statute, and tie subject matter That the
proceeding is special there be no doubt or ques-
ton it is entirely the creature OF the statute, but
it does not necessarily follow that it is special case
or proceeding not otherwise provided Tor v TIL the
meaning OF the Constitution
The organization Of swamp land reclamation dis.
trc.s are provided fol in the Political Code Sec
tious 34i0 to 1858, etc, wherein general sysiem
Tor the sale and reclamation. OF the swamp and over
flowed lands OF the State is provided. Under the
law the holders Of evidences OF title representing
more than one half OF body Of such lands which is
susceptible Of one mode of reclamation desiring 10
reclaim the same, are required TO present to the
Board of supervisors at a regular meeting verified
petition setting forth that they desire to adopt
means TO reclaim such lands, giving description Of
the lands Such petition is required to be published
for four weeks in the county. II the Board Of Su-
pervsors tiud upon hearing that the statements in
the petition true and in their judgment no land
is improperly included in excluded from the pro
posed district, they must make an order approving
the petition If it be shown on the hearing that
any lands have been improperly included in eX-
cuded from the proposed district they must reform
the district in such respect in their order. The or
der OF approval must be iudorsel attached TO
the petition aud be signed by the President Of the
Board and attestcd by the Clerk. The petition
must then be recorded in the County Recorders Of
flee, in book kept for that purpose, and ceTtf-
cate LlefGn IDTWtEutQ 10 tHG ite4lStET. Inc heS-
ter is required to send to the County Treasurer a
statement showing the names of purchasers OF land
in the district who have paid Tor their land. After
the approval of the petition, the petitioners or a
majority of them, may make bylaws, select trustees,
levy and collect assessments, erect works OF reca-
nation, etc. The Act also provides that if the own
ers OF such lands representing than two-thrds
OF any body OF lands within any reclamation or
swamp land district, and in which the lands have
not been reclaimed desire to have the said body set
off from SAID district they must, in addition to the
petition required By Section 3446 show to the Board
of Supervisors that the said body Of land is suscept
ible of an independent reclamation. The district
set off shall be liable for its just proportion of the
lgal Indebtedness of the original district from which
it was set off, when the same shall be asceralned by
law. The Act also provides for consolidating con
tiguous reclamation districts. The districts when
formed acquire and may exercise certain defined pow
ers as a corporate body.
A swamp land or reclamation district can only be
formed by compliance with the provisions OF the
law referred to. By that law the Boards OF Super
visors clothed with power to adjudge and deter
mine whether the requisite number Of owners unite
in the petition; whether the land is susceptible OF
one mode Uf reclamation, and whether the state
ments de in the petition are or are not true
whether any land has been improperly included
III excluded from the proposed district and when
it is proposed to set off lands from district already
formed, whether the lands have or have not been
reclaimed and whether the land proposed to be set
off is capable of an independent reclamation and il
in the Judgment of the Board OF Supervisors q
proper case is made, it is required to make order
approving the petition.
If the Act of the 10th of April, 1880, transfers
the proceeding from the Board Of Supervisors
to this Court to be tried and determined
in this Court original proceeding, then neees-
sary the Court must assume and discharge all
the duties imposed by the Act upon the Board OF
Supervisors the statute having provided that Tor
the purpose of reclamation of swamp and overfiowed
lands in this State. swamp land and reclamation
districts may be formed and when SO formed, pos
sess certain municipal powers and having pre-
scribed in precise terms the mode in which such
districts shall be formed the mode prescribed by
statute must be followed strictly to the exclusion Of
all Other modes For when the statute Confers a
new right and prescribes the remedy, that remedy
must be pursued strictly to secure the right.
Many OF the duties required to be performed ny
Boards of Supervisors in the organization of such
districts are not judicial but political and legislative
in their nature, such as whether any land has been
improperly included in or excluded from the dis
trict whether the land is susceptible of an indie
pendent reclamation, whether the land has been
reclaimed OF not, are questions of policy which the
Legislature has confided to the Boards OF Super
visors II this be special case and to be determined
in this Court as an original proceeding, the Court
must execute the law strictly and must perform all
the duties which are required to be performed by
the Board of Supervisors, and determine all ques-
tons which required by the law to be determined
by the Board , and if the Court shall be satisfied
that the land is susceptible of independent mode
OF reclamation aud that no land has been improper
ly included in excepted from the district, and
Il s. - .u