The herald., 1895-07-24
UNDER THE WRIGHT ACT
San Diego Pueblo Lands De-
Clared Forfeited
SUPREME COURT DECISION
The Linda Vista Irrigation District
Takes Them
The Municipality Refused to Pay the Assess
ment Levied by the Corporations
The Opinion
SUPREME COURT DECISION

In view of the fact that United States
Circuit Judge Erskine NJ. Ross opinion,
as published in The Herald yesterday,
declared unconstitutional the famous
Wright irrigation act of 1887, the follow
ing opinion of the state supreme court,
handed down from San Francisco and re-
ceived yesterday. is to be regarded, IN the
light of these late developments, as an
unnecessary labor by that august body.
The title OF the action was: City OF
San Diego, plaintiff and respondent, VS..
the Linda Vista Irrigation District ct al,
appellants The city of San Diego brought
the action against the irrigation district
and its directors and officers to quiet its
title to several parcels of adjacent land,
containing in all nearly 5000 acres.
The defendants answered the COM
plant, alleging Its organization under
the act of March z, 1887, ito provide for
the organization and government OF irri-
CATION districts" etc. land the acts amen
I datory thereof. Thus the district was or
ganized August "a 1891, under the Wright
act. In 1892 it levied an assessment upon
all the lands in the district, including the
pueblo lands of San Diego. The city re-
fused to pay the assessment, and the 3U00
acres within Linda Vista district were
sold to the district. the lands being
alleged to be dry and of no use without
the irri CATION proposed by the rest of the
district That was all very proper under
the Wright act just declared unconstitu-
tional by the United States circuit court.
The city demurred to the districts
answer, and was sustained; the district
declined to answer and the judgment
went for the city. The appeal was made
by the district. The city demnrred, not
disputing the Wright act, but claiming
exemption from such taxation, on the
ground that it was municipal corpora
tion. That was the question before the
court.
The city contended that such an assess
ment was veritable tax and that munich
pal lands were exempt from taxation
under section l of article 113 of the con-
stitution, which exempts certain proper
ties, including federal, state, county and
municipal corporate property, as well as
growing crops, public school property,
etc.
but the assessment. to satisfy which
the lands in question were sold. is not
tax within the meaning of said provision
Of the constitution" declares the su-
preme court, and proceeds to explain that
it is so because the levy is not one on all
the property within the corporation and
for general purposes, but is specific tax
for specific purpose. founded on bene-
HIo suPposeu W pe ueriVeu ny tue ProP-
erty itself from the expenditure of the tax
in its immediate vicinity. The court
maintains that the legislature has the
right to subject all public lands other
than federal reserves, to any. just liability
OF the character in question.
And there being no express, exemption
of municipal lands from the provisions of
the Wright act, the supreme court ordered
that 1.-THE judgment appealed from
should be reversed with directions to
overrule the demurrer to defendants
answer Thus San Diego was thrown
into the clutches of the Wright act by the
supreme court, and the Linda Vista irri-
CATION district was given the power to
seize and sell the contested public lands.
Judge Ross decision, of course. gives
them ali back to the city, for the time
being at least. The United States su-
preme court is to finally pass upon that
matter.