The herald., 1896-12-24

The testimony taken before the COM
mission ard in this case shows that the
valuations were much below the actual
value Of the property. The rerspfal
property was valued Al a very small
proportion of its cost. although much
of IL was practically new. The court
house and Jail properties were valued
at a very low rate. The whole evidence
shows that the witnesses ard the COM
missioners as umed that the cnunty
buildings had been rendered practically
useless by the division Of the county
Such a theory was a very convenient
one for the purpose Of reducing the
amount of the award. but it is Mot jus
tilted either by law or facts in this ease
1t is apparent that the buildings in The
condition that they were at the time
of dividing the county could be used to
advantage by the remaining portion of
the county as the supervisors proceeded
TO finish the building then in course Of
erection. The mere fact that the COM
missioners put q very low valuation
upon the property taken alone would
not he of much Importance and proba-
bly, it could 10: be attacked in o pro-
ceeding Of thia kind. but it Is of i'm
rortance considered with all the other
circumstances Of this case
All these facts taken together fully
sustain the charge of the complaint thar
make an unjust award. and that they
were guilty of misconduct which makes
1t the duty Of the court to set aside
their proceedings.
POLITICAL AND LEGISLATIVE
plaintiff claims that this court. hav-
Ing acquired iuris diction of this matter
mas the power to proceed and make Il
proper award; that equity. having once
obtained jurisdiction. will carry it to
the end for the purnose of avoidi~g
needless litigation. That is the rule
where the matters with which equity is
dealing are those of LEGAL or euuitah,e
right about which an action can be MAIN
tained; but the division of the assets
aud liabilities of county on account
of the creation of portion of it into
new one is not A matter within the
judicial power of the court. The cues.
ton as to what the county shall re-
ceiVe is not one of mere legal right but
it can ioe said to be & political and leg
islative question. The court has nothing,
to do with the adjustment of the claims
between these counties except that in
the exercise of its equitable powers it
can set aside an award which is fraud.
ulent In character and compel the COM
missicners to properly perform their
duties. The court cannot modify and cor
rect this award any more than it could
afteAsetting aside the official action of
any other board or officer, proceed and
perform the duties of that board or off,
Ger"
counsel in this case all agree that
the commissioners are functi offico, and
that they have no power to make another
award. It is natural that the respective
counsel should have this opinon-plain-
tiff's counsel because they have little
faith in the commission and do not desire
to proceed further before it; defendants
counsel because they do not desire to
have any further proceedings taken.
THE LIMIT OF DUTY.
"They were authorized and directed by
law to apportion these assets and liabil-
tiles. They have not properly performed
their duty. The court by its decree, will
set aside their award The condition
then is as if no award had been made,
and 1t Is their duty to proceed and full
fill the duties imposed upon them by the
statute. 1t may be said that it is an idle
thing to send the matter back to copl-
mission which has so signally failed to
perform its duties as in this case. But
the presumption is that persons holding
official positions will perform their duty
And that presumption is not cast aside
by the fact that in one instance they
have failed to do so. With their plain
duty pointed out to them by the judg-
ment of the court. there is every reason
to continue this presumption that they
will faithfully follow it's directions. The
court has the power, however, in it's
decree, to direct them to omit from con-
sideration matters which have no proper
place in the determination of the amount
to be awarded to Riverside county.
THE decree will. therefore, set aside
and vacate the award and direct the
commission to proceed and make new
award. fixing a fair valuation for all
property. and omitting therefrom the
allowance as indebtedness of any amount
for official salaries. interest upon bonds
accruing after March ii, 1893. and all
amounts not constituting actual indebt-
edness of San Bernardino county upon
mony already taken, or which they may
hereafter take for the purpose of making
such award