The herald., 1896-07-30
lIPEcT0RS' DUTIES
In Irrigation Districts the Directors May Not
Make I3nsetess Estimates

| In Irrigation Districts the Directors May Not
Make Baseiess Estimates
The supreme court handed down a de-
cision in the suit Of w. B. Cullen, M. H.
La Fetra, Carol S. whitcomb. as the
board of directors of Glendale Irrigation
district of the county Of Los Angeles.
VS.. the Glendora Water company, a cor
poration.
This cause was formerly heard and de-
cided by the court in bank, upon grounds
stated by Commissioner Van Clief. in
an opinion reported in SO Pac. Rep. 769.
The case arises out Of special proceed
ing under an act supplemental to the
Wright act for obtaining decree OF
court approving and confirming the reg
ularity of the issue of the bonds of an
irrigation district. BY decree of the
superior court the proceedings for the
formation of the district and the issu-
ance Of the bonds were held to have been
regular and the bonds were declared
valid. BY the decision here all the rul-
ings, findings and conclusions of the SUI
perior court were approved excepting on
ly finding to the effect hat the directors
of the irrigation district had made a
proper estimate of the cost of the works,
ETC., before ordering the issue of the
bonds. This finding was held to be con-
trary to the uncontradicted evidence in
the IeCOEu, dHQ uPOii that 6AOdhos 0hA
none other, the judgment Of the superior
court and its order denying a new trial,
were reversed Subsequently a rehear-
ing was granted upon the contention OF
the respondents that there was no issue
raised by the answer of appellant as to
the fact alleged in the petition for con-
formation. that a proper estimate had
been made Of the cost Of works, etc,
before the sale of bonds was ordered.
AT the rehearing counsel not only dis
cussed the pleadings and evidence re-
lating to this particular question. but
counsel for appellant asked the court
to consider again the various points
which had been ruled against him IN the
former decision. We have. therefore.
says the supreme court, again carefully
considered the entire case, With the re-
suit that we adhere to the views ex-
pressed in Commissioner Van Cliefs
opinion. except in so far as they may be
qualified by what we shall have to say
in reference to the point upon which the
judgment was reversed
1t was alleged in the petition for con-
f1rmation:
THAT as soon after said district was
organized as was practicable to wit, at
its meeting of May 10, 1892, said board
of directors of said district did, in order
that sufficient water may be furnished
to each land owner in said istrict for r
rigation purposes, and for the purpose
OF constructing necessary irrigating ca
nails and works. and acquiring the neces-
sary property and rights therefor. and
otherwise carrying out the provisions
of said act under which said district
was organized, deem it necessary that
the sum $4,000 should be
raised. and said board of d.
rectors did therefore estimate
and determine that said amount of $780,
coo was and is necessary to be raised for
said purposes"
But critical examination of the COM
missioner's opinion will show that the
real question considered and decided
by the court was not whether the di-
rectors of the district had declared an
estimate or resolved that they did esti-
mate, but whether, as legal possibility,
tney could have made the estimate con-
templated by the Wright act in the alb
sence of any sort of plan for the construc-
tlon OF the works or for the acquisition
or distribution of water supply. The
question, therefore, was and is presented
Tor decision whether there can be un-
DER the Wright act an estimate of money
required without any plan for the ac-
QUESTION and distribution of water.
After examining the case of Modesto
Irrigation district VS.. Tregea. So Cal
1851, cited by counsel for respondents as
sustaining their contention. the supreme
court says: I'VE think that the Ian
guage of the act (Sec. Is. st. 81. n. 1N
clearly implies that there must be some
plan or plans in the alternative before
an estimate can be made. and that with
out such plan or plans there can be no
real estimate The judgment and order
are reversed" ~