The record-union., 1895-12-06
lAB0RER WORTHY OF His HIRE.
Trinity County Objected to Paying for
a Survey,
And Obtained a Judgment, But Now
the Supreme Court Says 1t
Was Wrong.

The Supreme Court has reversed the
decision of the Superior Court of Trim
ity County in the suit of S. H. Rice,
appellant, against Trinity County, re-
spondent
The plaintiff brought the action to
recover from the defendant its proper
tionate share of the cost of surveying
and definitely marking out the bound
ary line between the counties of Hum
boldt and Trinity on the one side and
the county of Mendocino on the other.
The defendant demurred to the COM
plant on various grounds, and the de-
murrer was sustained. The plaintiff
declined to amend, and thereupon judg-
ment was entered that he take nothing
by his action, from which he appealed
The facts stated in the complaint, "
says the Supreme Court, are in sub
stance as follows: Each of the coun-
ties named was at all the times men
toned in the complaint a body corpor-
ate and polite, and an organized county
OF the State of California. The south
ern boundary line of the counties Of
Humboldt and Trinity is coincident
with the northern boundary line of the
county of MendocinO, and is the 10th
parallel of north latitude. The whole
length of this boundary line is 3l.492
miles, and the length of it between the
counties OF Humboldt and Mendocino
is 25.125 miles, and between the coun-
ties of Trinity and Mendocino is 3l16S
miles
'On the 22d day of July, 1891, the
said boundary line was not marked by
natural objects or lines or by surveys
lawfully made. and on that day the
Board of Supervisors of Mendocino
County made application to the Sur
veyOr-GeneraI of the State to have the
said line surveyed and definitely estab-
Ished. In pursuance of this applica-
tion the Surveyor General, on August
II, 1891, duly appointed the plaintiff,
surveyor, to make survey OF said
boundary line, and authorized and en-
powered him to make such survey. In
pursuance of said appointment and au-
thority the plaintiff made survey of
said boundary line, and definitely
marked the same, and established the
common corners of said three coun-
ties on the 10th parallel of north lati-
tude. The cost of making said survey
was $5.161 66 and the proportion there
of chargeable to the defendant was
$1,427 10.
"Rice's claim came up to be heard by
the Board of Supervisors on January
f. 1893, and on that day the board made
an order rejecting the claim and re-
fused to allow the same or any part
thereof.
''The Political Code contains the fol-
lowing provisions: Section 1868. All
common boundaries and common cor
ners of counties not adequately marked
by natural objects or lines, or by sur
veys lawfully made, must be definitely
established by surveys Jointly made by
the Surveyors of all the counties affect
aYl
of Supervisors of such counties, or by a
survey made by the Surveyor-General
on application of the Board of Super
yisorS of any county affected thereby.
In sustaining the demurrer the Su-
periOr Court adopted the view now
most strongly relied upon by respond
ent, that under the provisions OF the
Code above cited, survey to estab-
Iish the common boundary between two
or more counties must be actually made
in the field by the Veyor-General in
person, or by a deputy, and that in no
other way can legal and effective
survey for such purpose be made; that
inasmuch as the complaint fails to show
that the survey which forms the basis
of the action was so made, no case is
made showing any legal obligation
upon defendant to pay any part of the
cost of said work.
This in our judgment is an erron-
eOuS view OF the meaning ana purpose
of the statute. In providing that such
surveys shall be made by the Sur
veyor- General it was never contem-
plated by the Legislature that that Of
ficer should go personally into the field
and direct or perform the detail work
OF running lines and marking bound
aries. The general character of the
many and important duties to be per-
formed by the Surveyor General as
such and as ex-officio Register of the
State Land Office are wholly incom-
patible with any such requirement.
What is meant and intended is that the
survey shall be made under his direc-
tion and supervision and when COM
pleted shall have his official sanction
and approval When so made and ap-
proved the survey becomes his act and
is made by the Surveyor General By
necessary implication the law, in cast
ing upon the Surveyor General the duty
Of making public surveys, clothes him
with the requisite power to enable him
to properly perform that duty, and for
this purpose it is perfectly competent
for him to employ surveyors and other
functionaries usual and necessary in
running the lines and doing the detail
work required He is made the agent
of the State for the making of such
eliyvaVS and q { s11cb agent he NAV dole