The record-union., 1893-05-05
THREE DECISIONS.
The Validity of the Selma Irrigation
District Upheld.
A Plaintiff Cots Judgment, But APP
pealed the Case and Had
1t Increased.

The Supreme Court yesterday filed de-
cisions in Deputy Clerk Govan's Office as
follows:
In the case of The People VS.. Selma Ir-
rigation District, Fresno County case,
the defendant the Selma Irrigation Dis
trict is corporation duly organized,
and this action was brought by the
people of the State to obtain Judgment
dissolving said corporation, and exclud-
ing it from all corporate rights and fran
chises.
The complaint alleged that since the
organization of the Selma Irrigation Dis
trlct as a corporation three elections have
been held in the district for the purpose
OF determining whether bonds should be
issued to construct necessary irrigation
canals, at each of which elections ma
jority of the votes cast were against the
issuance of bonds.
1t was further alleged that said corpora
ton did not commence the transaction of
its business on the construction of its
works within one year from the date of
Its incorporation, and never has done so,
but on the contrary has willfully failed
and omitted to use the rights, powers and
franchises Tor which it was organized;
and that, Notwithstanding the failure of
residents within such district to vote for
the issuance of bonds, and the failure OF
said corporation 10 commence the con-
struction of irrigation works, the salaries
of the officers of such corporation and
other employees still continue, and that
''the money to pay such salaries and COM
pensatlon has been raised by assessment
and levy upon the lands in said district"
Inc superior Court sustained a demurrer
to this complaint, and thereupon gave
judgment Tor the defendant, and the
plaintiffs appealed.
The Supreme Court says. "The demur-
rar was properly sustained. The defend
ant is public corporation, organized
| under general law of the State enacted
by the Legislature for the purpose OF
promoting the general welfare" Urri-
CATION District VS.. Williams, 70 Cal. $50;
Irrigation District VS.. DeLappe, 70 Cal.
35l, and other cases being cited.) After
reviewing the case the Supreme Court
afhrms the Judgment of the lower court.
MADE BY THE APPEAL.
In the case of George II. Smith, ap-
pellent, vs.. the Los Angeles and Pacific
Railway Company, the appeal is from a
final judgment entered in favor of appel
liant, who was plaintiff in the court be-
| low, decreeing the plaintiff to be the
owner of certain land, and enjoining de-
| PENDANTS from entering upon or interfer-
ing Herewith.
The cause came up on the Judgment
roll, and the sole question involved re-
lated to the right of appellant to damages
in addition to the relief afforded him.
| The decision is voluminous, and in con-
clusion reverses the judgment of the
lower court and directs it to enter judg-
ment in favor of appellant for ST, 900, in
addition to the relief heretofore granted.
(appellantsJ VS.. the Los Angeles and
Pacific Railway Company embraces
precisely the same question as that
involved in the above case, and for the
reasons given in the opinion in that case
the Judgment in this is reversed, and the
court below is directed to enter judgment
in favor of plaintiffs and against defend
/ ant for Sc, 900,