Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-07-30
THEY MUST BE PAID.
Judge McFar1and's Decision on the
Drainage Act Claims.

| 10 cOnpeI Vne OOllllolloi ~ -
rant upon the State treasury III his favor IN
accordance with the Appropriation Act OF
the last Legislature. The decision Is as
follows:
This is a petition for a writ of mandate to COM
mel the RESPONDENTS to issue warrants for certain
claims of petitioner against the State IN accord
ance with an Act Of the Legislature passed
March 10, 1885, entitled An Act 10 promote
drainage" approved April 2S 1850.
| The second section of the Act provides as 1ol-
lows: The State Controller is hereby author,
lied and required to draw his warrants i9r an
| claims against Drainage District NO tnat nave
| been heretofore audited and allowed. II Is
clear and not disputed that petitioner claims
| are among those referred to by the ACT. sec
| ton makes specific appropriation u money
| to pay these claims. Undoubtedly, therefore,
| the language of the Act specially enJolns upon
respondent the duty of drawing the warrants
| But the respondent says that the ACT Is uncon-
stitutional. and that, for this reason he dlsre-
| CARDS IT,
! ton 80 of Article V of the Constitution, which
| is as follows: The Legislature shall haze no
power to pay, or TO authorize the
payment, Of any claim hereafter created against
| the State, or any county or nunlclpallty Oh the
State, under any agreement or CONTRACT mace
| without express authority OF law ana al Sueh
unauthorized agreements or eontracS snail be
| null and void"
| stitutiouality is based these Alter petl-
| toner had made contract under said . Act to
| Promote Drainage of April 23 1850, ana after
| he had expended the money, furnished ttle ma
| terial and done the work which constitute his
| present claims, the said Act to Promote Drain
| age" was declared by the Supreme Court to be
| unconstitutional. And now, upon the theory
| that statute subsequently, declared unconstitu-
| tional never was 4" law, i'll any sense, 1t Is con-
tended that petitioners claims arose upon
| contract made without express authority of
| law" and that therefore the Legislature could
not provide for their payment.
It's settled rule that an Act Of the i.egisla-
! ture should not be declared void by the judi
ciary unless its violation of the Constitution be
| abrupt ana readily perceived II long and
learned opinion, full of acute logic. Is deemed
necessary to the demonstration of the uncon-
| stitutionality of a statute, the demonstrate II
may, generally, be assumed to be faulty without
reading the opinion. State Constitutions, under
our system. are intended to establish broad land
marks, and palpable boundaries OF poWer-not
| imaginary lines projected in mental contempla-
| ton. Again, as Constitutions are made directly
by the people, their language must be Interpreted
accOrdingtcits popular sense-thati is, i'll the way
in which the people most probably understood
| it. Now in what way did the people probably
understand the word law in the clause Of
| the Constitution above quoted? Words may be
used with exact limitations in naming physical
| objects or stating mathematical quantities but
/ in most matters about which people think. and
| speak. and write, absolute precision of Ian
guage is uuattainable. In such cases the mean
| ing intended to be given to a word must be de-
| termined in the light of the surrounding cir
| cumstanccs. Law is a word of us wide sig
| MITIGATION as any in the language. The detin-
| ition given OF it by Blackstone-the greatest Of
| law wrters-has not stood the test of hostile
criticism. Now would not the popular under
standiog of the word law, as used III the pro
| vision of the Constitution in question, include
| statute S0lemnly, and i'll due form, passed by
| the Legislature and signed by the Governor?
And yet it was precisely under such statute
| that the claims of petitioner arose. 1t is true
| that afterwards, when the State had dealt with
| petitioner under this statute and had received
| his money and work. il was declared unconsti
| subsequently
| might have been said, in certain logical sense.
| that the statute never had been law: but |
| think 1t was law at the time petitioner did his
work, within the meaning of the people when
| they used the phrase without express author
1t must he remembered. also. that the subject
of the e Act 20 promote drainage" was not out
| side the general scope of legislative power. Ii
| was not such tiagrdnl abuse OF authority as TO
awaken the suspicious of plain people who
acted under it in good faith. he Legislature
| could have passed an act upon the main subject
| to which no one would have raised constitu-
| tional objections The Act was declared uncon-
stitutiona because First its title was defective;
and second, because it gave some powers to the
| Commissioners which were held TO be legisla-
| tive When its constitutionality was finally
| brought into litigation lawyers and Judges diff
| ered about it. Under these circumstances, to
| give the Constitution such a construction as is
asked by respondent, would be to prevent the
| Legislature from performing an honorable duty
| from doing what an individual under similar
circumstances ought 10 dO-and to enable the
/ State to commit sovereign fraud. ] do not be-
| lleve that such result was intended by the peo-
pie, or follows the language of the Constitution.
| Let the writ issue.
ENcANPMENr MArrERs.-The following
special order, dated July 9th, has been
issued by Acknowledgement Cosby, from
the Adjutant-Generals office in Sacra-
mento
Special Orders No ALL
| /. The Commander-iu-Chiefw win en- ramp with
| the division of the \. O. c. at Santa Cruz from
the 18th to the sd of August
>. He directs that the full staff shall be present
on the three days devoted to the division drill and
the reviews TO be rendered Major-General Pope,
| L. 5. A., and himself.
| 8 He expects and requests the attendance
during the eight days of the encampment of all
| the members of the staff who are not prevented
by urgent private business absolutely from at
| 4 Transportation and forage will be furnished
free OF charge to those members who desire to
! take horses.
5 \ reliable caterer offers to furnish meals at
81 20 per day, or 80 cents per meal, of excellent
quality and according to Il specified bill of fare.
| t. Each N ember of the staff will, upon receipt
| of this, notify the Acknowledgement at once as
! to his ability and intention to be present.
| !. As soon as such notifications are received q
meeting of the members will be called to con
slider all matters of interest regarding the camp.
THESwIss STATION AUcTIoN.-Sherburn &
Smith, auctioneers, by order of Mrs L. Be-
netti, executrix, will offer for sale at auction
on the premises, at / A. NJ to-day, the we'll
known Swiss Station ranch, orchard, resi-
dence, etc, of John Bonetti, deceased,
| situated three miles south of Sacramento,
on the Upper Stockton road. The ranch
comprises 10 acres. of which about 10
acres are planted to grapes, 3 acres of
blackberries, 10 acres of vegetable garden
over 3O0peach trees Il large number Of other
fruit trees and the balance is grain land.
Also, a large residence, barn. saloon and
| Il small residence. Also two horse
powers, with four pumps three windmills,
| with pumps, very best ofwater the premises
! being well fenced. \ school-housc adioins
the farm on the north. The Upper Stock
ton road divides the ranch in almost equal
parts; county road bounds the farm on
the south and a lane on the north. Also,
two spring wagons, and a let ct farming
tools. The title is perfect Terms cash.
New SPONTANEOUSLY yesterday there
we're flied with the Secretary of State the
following articles of interpretations The
Trustees Of the Young Mems Christian
Association, for the purpose of acquiring
property BY purchase, gilt, devise, bequcst
or otherwise DirectorS-J NJ Burlington
y y.
Hart, c. w. Dearborn, 5. J. Alexander
.....Also, of the Yolo Winery Principal
place OF business Woodland, Yolo COUNT.
Directors-N. Wyckoff, J II. Harlan, W. c.
Hunt. John Schurley, A. J. Hall Capt.
tai stock $4,000, divided into 500 shares,
Of the par value of 800 each....Also, of
the South Branch Ditch Company, to
carry water from Kings river in Fresno
county Directors-J. II. Savers, II. p
Hansen, James ). Kerrick, K. IL. Bramlett.
+. Z. Wickersham. Capital stock, 81 800,
divided into 100 shares, OF the par value Of
$50 each.
CITY GUEsTs-Those registered at the
Front-street Hotel last night were: Thos.
Summers, who had battered somebody NJ.
Clarv. Joseph Adfeld and A. d. Torris,
DRINKS: Charley Ching, for vagrancy, and
Kate Fletcher, alias Mcfarland, for adult
cry. The officers on whose persuasive in
yitatioms these parties were induced to ac-
cept the Inequalities of the city were
Rider, Kent, Farrell Frazee, Wood, Ar
lington and special May
Az UGLY AFFAIR.-There is some talk of
an unmarried female domestic in an up
town hosiery having yesterday given birth
to a child, whose body was found in a
trunk. The matter will probably be lnyes-
tipqtp1 by tho .Nrorar otgl bprifipS