The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-21
JUDGE FULLER'S VIEW.
Supreme Court May Have No
Jurisdiction in the Case
Pending.
DIsQUIETING POINT RAISED
Records From the Lower Court Dc
Not Show Seizure of
Property.

SAN DIEGO, CAL, Sept. 2o.-Judge
George Fuller, president of the Linda
Vista Irrigation District, to-day brought
out rather disquieting point regarding
the irrigating district cases now before the
United States Supreme Court. He is in
eIined to believe the question of constitu-
tionality will not be fairly presented to
the court, and that this vital question may
pass undecided and so. delay irrigation
matters in this State indefinitely. A CALL
correspondent interviewed Judge Fuller
as to the reason for his views.
cit is often said in discussions about the
Wright law that the Supreme Court of the
United States may decide it has no juris-
diction in the Modesto case. Can you tell
what point that is about2" asked the cor
respondent.
The United States Supreme Court, "
Judge Fuller replied, "has no Jurisdiction
over cases arisingIunder the Wright act, I'M
less they involve infractions of the provis-
ion of the constitution of the United States
that no ones property shall be taken from
him without due process of law, and l
suppose the point to be that the case as
made by the record in the Modesto case
does not involve the taking of anybody
property at all, with or without due
process of law
''The case pending on an appeal from
Judgment concerns the proceedings au-
thorizing the issue of bonds. The record
does not show any sale or threatened sale
of property for assessments, or that any as
sessments have been levied, or that any
bonds have been issued. 1t only shows
that bonds have been authorized. I sup
pose it may be claimed that so far as the
United States Supreme Court is concerned
the record in that case presents only an alb
stract question, and that it will be time
enough for the Supreme Court to pass
upon the question when the property is
taken by Modesto district without due
process Of law-wben the property is sold
or attempted to be sold for delinquent as
sessment."
"How about the Fall Brook Cascades
that bring up the question of due process
of law?"
Eyes. In that case there has been an as
sessment and sale for its non-payment,
and suit was brought to prevent execution
of the deed by the district"
"Then in that case when it gets before
the Supreme Court there will have to be a
decision on the constitutionality of the
Wright act2" asked The reporter.
Possibly" replied Judge Fuller, shut
not necessarily, as there is a weak spot in
the proceedings of the Fall Brook District.
That district never took proceedings in
court, authorized by the act, for confrma-
ton of it's organization and its vote au-
fthorizing an issue of bonds, and the Su-
preme Court might sustain the injunction
issued by Judge Ross against the execution
of the deed by the district, not because, as
Judge Ross holds, the act makes no ade-
quate provision for a hearing, but on the
ground that the plaintiff has never been
given an opportunity for the hearing pro-
vided for, and might leave untouched the
vital question in the matter, which is
whether, in case where the proceedings
under the act are regular, the purpose of
the act is one for which local assessments
may be made"
"Then you think 1t doubtful that the
Supreme Court Will decide the question OF
the constitutionallty of the act in either of
these cases?"
~ think it is not altogether certain, but
hope otherwise. It is to the interest of
everybody that the main question should
speedily be determined. 1t is to the COM
mon interest of all places in the State
those where the act has worked well, as in
San Diego County, and where it has
worked badly-that it be settled as soon as
possible, whether the act stands or falls.
The Supreme Court decides no questions
which are not necessary to the disposition
of cases before it, but where there are
questions involved either of which would
dispose of the case il sometimes decides
them both, especially where they are mat
tiers of great public interest"