The record-union., 1893-06-24
REYNOLDS Us. PARVIN.
A Vexed Question on Grand Island
Put at Rest.
Judge Catlin Decides That the Trus.
tees of the District We're Wholly
In the Right.


own 649 acres OF land in Reclamation
District No. 8, on Grand Island, and en-
tered into a contract with thirty-siX
others in 1859 providing for the building
and repairing of the levee, and on the
same day entered into an agreement for
the drainage of the lands on the island.
They, however, when the work was done,
claimed they were assessed on a greater
number of acres than their share of those
drained, hence the suit. The court de-
cided as follows:
JUDGE CATLIN's DECISION.
The defendants were the owners of $40
acres OF land situated upon Grand Island
in Sacramento County, and within Recla-
nation District No. 3.
On the 18th day of February, 1885, the
defendants with some thirty-siX other
owners OF land in said reclamation dis
trlct entered into a written contract with
said Reclamation District No. providing
1or the rebuilding, repairing of the levees
surrounding the lands of said district.
BY this agreement the plaintiffs herein
were constituted trustees with power To
carry out the provisions of said contract,
Under the same date, to wit, 18th of
February, 1882 the plaintiffs and defend
ants, and the same owners of land en-
tered into another agreement to provide
for the drainage of the same lands.
II recites that, "Whereas we, the I'M
dersigned, owners of land embraced
within the Reclamation District No. B.
Grand Island, Sacramento County, have
entered into certain agreement in writ
lng with each other as parties of the first
part and the said reclamation district as
party of the second part, for the rebuild
ing, repairing and enlargement of the
levees of said district as and in the man
ner IN said agreement set forth, as by ref
erence to the same will more fully ap-
pear, and whereas no provision is made
IN said agreement for the drainage of said
land: Now we do hereby authorize and
empower the Board of Trustees nomi-
mated and appointed in and by said agree
ment or majority OF said board to make
and enter into contract with John w
Ferris or some other competent person
Tor the Drainage OF the lands within the
levee of said district. the work of drain
age to be commenced as soon after the
breaks in said levee now existing
through which any water is admitted
may have been closed as the said board
or majority thereof may determine, and
to be diligently prosecuted until i'm
ished."
1t was further provided by said agree
nent that the expense OF said drainage
should be paid for by each landowner
party thereto IN proportion to the num-
ber of acres "now covered with water
owned by each of them for each acre its
proportional part" In case as to dispute
as to the number of acres so covered, the
trustees or a majority OF them were to
determine the matter.
The facts appear to be that upon appli-
cation to John W. Ferris he declined to
enter into any contract; and the trustees,
not being able to make contract with
and other competent person, were advised
by said Ferris, who was an experienced
aFfrIn in Hrh oil 10 !,
confidence, to proceed themselves and do
the work by purchasing the requisite ma
teTia and pumping machinery, and hir-
ing laborers to perform the necessary OK
cavation OF bitches, and so forth.
The trustees, accordingly, did the work
without letting II out by contract as in
The said agreement mentioned. This was
with the knowledge, consent and acqui-
escence of all the owners, the defendants
Included, except such objections on the
part Of the defendants as will be noticed
further on, although such consent was
never reduced to writing nor expressed
ct any general meeting OF said owners.
The total number of acres within the
district covered with water on the 18th of
February, 1889, as ascertained by an en-
gtneer under the direction of the trustees,
was ID, 7o6, OF which 459 acres were lands
OF the defendants.
The first assessment for the expense of
the drainage work was 81 Der acre. The
defendants paid this assessment, but dis
Puted the amount as being correct, aver
ring that the amount of their land COW
cred by water on the 18th of February,
3SS9, did not exceed 300 acres.
They never at any time made any OBJ
lection to the work being done by the
trustees. When the first assessment was
demanded they made known the only
objection in writing in communication
TO the trustees, as follows:
PARvIN's LANDING, July IL, 1890.
Board Of Trustees Of Reclamation District
No $, Grand Island. Sacramento County,
GEMS: In your note bearing date 10th of
May, 1890. you notify me that the Board of
Trustees have by their resolution concluded to
assess me one dollar per acre on my land sub
lcc TO said tax, as per Engineer Manson's re-
port on survey 403, charging me with 439
acres covered with water. AS am covered
with much less water-covered acreage accord
ing TO our agreement, l therefore dispute your
charge, and demand hearing before a full
Board OF Trustees at their earliest convent
ence. l also hand you herewith one
hundred and fifty dollars ($15Ol, under pro-
which may be found due you after adjust
ment according to our agreement on drainage
L. Il. PARvIN,
ELIZA PARvIN.
The defendants had hearing before
the Trustees, four of them being present,
upon the disputed question as to how
much Of their land was covered with
water on the 18th of February, 1889, and
the question was decided aginst them by
the decision being that 43g acres was the
correct amount. After this decision,
defendants in october, 1890, sent the fol-
lowing communication to the Trustees:
Trustees Of Reclamation District No 5-C;EN-
TLEMRN: Received your note of August g.
1S9U, giving notice OF "a balance que you tor
drainage OF my water-covered land unGer
agreement OF 9th OF February, 1889, with
tue settlers on Grand Island. AS heretofore
] hereby protest against your calculation as 10
the quantity OF the water-covered acreage and
clain a much less acreage should be charged
10 me; and clam my right, which was ac-
corded to at former hearing, to further
hearing before proper tribunal of both pro
tests. Yours truly. h Il. PARVIN
October, 1890.
soon after the decision above mentioned
on October I'D, 1880, defendants paid the
balance of said first assessment, ac-
companying the payment with the fol-
lowing protest:
Trustees or Reclamation District No. 5: l
herewith send you S2S9 under protest,
snd still protesting am not chargeable with
such an amount, feserNlng my privilege un-
Ger tins and former protest as to quantity to a
further and future trial or hearing.
october %, 1890. iE. X. PARNIN.
In November, 1890, the Trustees levied
the second assessment Of 81 90 per acre,
amounting, upon the 439 acres ofdefend-
sDts covered with water an the 18th of
February, 1889, to sos oO, being the sum
sued for in this action.
In regard to this assessment there was
e conversation about the last OF March,
JsqI between the defendant, Eliza Par
vin. and Reynolds, one of the trustees,
in which Mrs. Paryin promised to pay it
soon thereafter II the trustees would not
sue for 1t.
on the 18th of February, 1889, 459 acres OF
ScfaDdants' land was covered with water.