The herald., 1895-08-01
San Dieg0.Coronado Union Dis.
putes Recalled
SAN DIEGO COUNTY WINS IT
C0ronadans Cannot Get Back Their
Taxes
The Supreme Court Defines the Relations of
the Peninsula Of San Diego to the
City-Facts and Figures

A supreme court decision handed down
from San Francisco yesterday decides a
case of peculiar interest to San Diegans
and men Of affairs generally. Charles S.
Hamilton, plaintiff and respondent. vs..
the County of San Diego and Charles d.
Long. DEFENDANTS, ana the Coronado
School district. intervenor, is the title of
the action. The superior court gave iudg-
ment for the plaintiff. denying new
trial. but the decision is reversed by the
supreme court. The details of the con-
troversy are now historical.
Coronado Beach, formerly known as
the Peninsula of San Diego, was for
years IN dispute. involving a question as
to whether or not it was part of the city
of San Diego. In 1877 the former district
court declared it was not part of the
municipality: but eleven years later, in
December. 1888, che supreme court of CAL
ifornla decreed that it was an integral
portion OF the city across the bay, and
that the peninsula was subject to assess
ment and taxation for city purposes. 1t
was finally borne home to the bay eli
mate denizens that since the act of April.
1876. rsincorporating the city of San
Diego the peninsula has heen part anu
parcel of the corporation. The present
case grew out of tat controversy.
Before the quiet title'' order of the
supreme court, in January, 1887, the
peninsula being then regarded as without
the city limits the board of supervisors
organized Coronado Beach and South ISL
and into Coronado schoul district. For
tour years this district existed unQues-
toned. ana its trustees received and dis
posed Of the apportion ments awarded it
by state law. just as to any other district.
On November l. 1887. the electors of the
district voted $3S, 600 in bonds for the
purchase OF site and the erection of :,
suitable school building. They built the
school, and the supervisors. IN their tax
levy for 1SSS-S9-90 collected $5412.66 to
pay the interest on the bonds. Seven
hundred dollars was eaten up by interest,
leaving a balance of $i712.66 now in the
treasury, cared tor by County Treasurer
Long, a defendant. Plaintiff Hamilton
was property holder and helped paw
that tax money in 1SSSS990. 1t was not
until August, 1893, that he discovered
doubt as to the legality of the tax levy.
and that Coronado was part of San Diego
school district. But September 30th his
claim for remuneration OF taxes was filed
and rejected by the supervisors. October
Z, 1893, he and numerous assignors to him
began suit for the payments they made.
and got jude ment for $1269 SO and COSTS
under the incorporation in 1890 Of the
city OF Coronado, intervened claiming the
use of the money as its own. But the
supreme court now DEGREES that Coronado
being part of San Diego. has no interest
in the fund. thereby affirming the SUI
perior court. The judgment for Hamil-
ton and the order denying new trial.
from both uf which the defendants ap-
pealed. were reversed, on the ground that
at the time of the bond election the school
district had de facto existence, and
therefore there was no illegality in its Or
ganization or acts.
The taxes paid into the county treasury
are therefore to be paid to the bondholdeJs,
who are entitled to the fund to the ex-
clusion of both Plaintiff Hamilton and
the intervenor. the school district.
The court quoted we'll grounded de-
oision in point: when public organi-
cation OF a corporate or quasi-corporate
character has an existence in fact and is
acting under color of law. and its exist
ence is not questioned by the state. its
existence cannot be coliaterally drawn in
question by private parties"