The record-union., 1893-04-06
MERRITT ISLAND ASSESSMENTS.
Their Legality Upheld by the Supreme
Court,
Which Af1rms the Judgment in the
Case of A. J. and Mary silva
of Yolo County.

1Ae ueclsloH OF tne supreme court III
the Yolo County case of Swamp Land
District No. $50 VS.. A. ]. and Mary Silva
| (appellantsl is of more than ordinary IN
terest TO people of the swamp land section
OF Sacramento and vicinity.
Plaintiff brought action to recover
from the defendants the sum of 1858 II.
the amount of an assessment levied
against the land of the defendants lying
within Reclamation District No. $50.
The Act Of March 30, 1874 Stats. 1874,
p. $50, under which the plaintiff was or
gained as a reclamation district, pro-
vides that Immediately after the passage
OF the Act the owners of land in Swamp
Land District No. $50, consisting of what
Is known as Merritt Island, in Yolo
County, may proceed to elect trustees
and make and record bylaws, j
and they shall thereafter proceed in the
work of reclamation, as provided in said
code, with the notifications herein con-
| tanned.
Under this Act the landowners organ
lied the district by electing trustees and
making and recording bylaws. A notice
| was given on the 9TH day of April, 1874,
| that meeting for the purposes stated
would be held on the 18th day of april,
and at the time and place mentioned in
the notice all the landowners in the dis
trlct met and elected trustees and adopted
| bylaws.
This, says the Supreme Court, is all the
Act required, so far as the organization
| OF the district is concerned, and the
points made by the appellant seeking
to lmpeach the validity of the
organization of the district cannot
be considered. a reclamation district is
| "a M -,
| poses, and the creation thereof may be
shown by acts recognizing the existence
| lPeople VS.. Reclamation District No. los,
So Cal. 346.)
The validity of the organization itself
cannot be collaterly attacked in an action
10 recover an assessment levied upon land
by dc 1acto district. Exclamation Dis
trlct No. l24 VS.. Gray, 95 Cal. COLL
1t is claimed by appellants that the
Act above referred to was clearly uncon-
stltutlonal and gave the plaintiff no
! power TO act, but no grounds are stated
upon which the claim is based. Section
3I,sArtlcle ", of the old Constitution,
| provided that corporations may be
! formed under general laws, but shall not
be created by special Act, except for
municipal purposes. Under this pro-
vision the Legislature had the power to
create reclamation district by special
Act.
1t is claimed by the appellants that the
assessment is invalid because the trus-
tees IN their statement to the Board of
| Supervisors did not specify the work
which had already been done. Section
3459 OF the Political Code formerly author
lied an additional assessment only for
| work necessary to complete the reclama-
tlon-lt did not authorize an assessment
to be made for work already done. By
an Act approved March 80, 1874, this sec
words, done or" before the words. ito
| be DONE"
Unless the assessment is to be for work
already done in whole or in part, there is
no necessity for a statement as to what
work has been done. The assessment in
this case was levied for work to be done
under Section 1862 supra. (Hager VS..
Board of Supervisors, 81 Cal. 477.)
The contention that the assessment is
Invalid because it includes incidental ex-
penses and the sum of 49,, 400 for the pur-
pose OF erecting pump and maintaining
the same cannot be sustained. (Reclama-
ton District VS.. Hager, IS Cal. So
1t Is claimed by the appellant that the
district lost its corporate existence by
reason of the non-user of its functions
and by reason of the total failure on the
part of its officers and land owners to act
| as corporation" But there is no such
thing in this country as for
lelture OF cnarter OF q municipal
corporation through the acts or
misconduct of its agents or officers. Anv
neglect to use the powers in which the
public or individuals have an interest
may be corrected by the courts. As such
corporations can exist only by legislative
sanction, so they can only be deprived of
their existence by Act of the Legislature
or judicial sentence based upon legisla-
tive provision and sufficient facts.
The court did not err in overrulinp the
defendants objection to the introduction
in evidence Of the order of the Board of
Supervisors of Yolo County appointing
Commissioners. The Act under which
the plaintiff was organized provides that
''all assessments for reclamation PURPOSES
in said district shall be made as provided
in the Political Code" The Act itself
shows that the district is entirely within
the boundaries of Yolo County. 1t fol-
lows, therefore, that, although the Board
OF Supervisors of that county did not
form the district, yet such board is the
proper tribunal to which report should
be made. Exclamation District vs., Gold
man, IS Cal. 643)
Other errors are alleged, but we find"
concludes the court, mo merit in anv of
the points made by the appellant The
judgment and order are, therefore, af-
| tirmed."
! The opinion was written by Justice
! Paterson and concurred in by Justices
Harrison and Garoutte.
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