The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-06-04
VERY IMPORTANT DECISION.
Il Concerns Assessments in the Pearson
District.
The Judgment Rendered Against Van
Loben Sells Has Been
Reversed.

The decision of the Supreme Court IN
the case Of Reclamation District NO
SOL, respondent, against Sol Runyon and
others. defendants, and P. j. Van Lobeh
Sells, appellant, is one which will greatly
interest all who have holdings in any OF
the reclamation districts. The decision
rendered by the court in full is as FOL
lows:
plaintiff instituted the proceedings
as contemplated by Section 1882 Of the
Political Code, seeking a determination
of the validity of an assessment which
it had caused to be levied for purposes
of reclamation Summons was served
upon all the property-owners in the dis
trict. They suffered default, saving the
defendant, Van Loben Sells, who APP
peared and contested. From the judg-
ment, which was adverse to his conten-
ton. and from the order denying a new
trial, he prosecutes these appeals:
L. 1t is first insisted that plaintiff is
not legally organized. The argument
here is precisely that pressed upon our
consideration in People VS.. Reclamation
District No. 551 (Sac. No. 1860, and de-
cided May %, 1897, adversely to appel
lant's views.
-. Defendant is Consul of the Repub-
lie of Paraguay, and has pleaded his
consular privileges in bar of this pro-
ceeding. We need not stop to decide
whether under the amendment of 1919
TO the Federal Judicial Act, the courts of
a State may take jurisdiction of actions
in personam against Consuls Of for
eign country. That question is now
under consideration by this court in
bank, and it's decision need not be anti
cipated. For this proceeding is not an
action in DerSonam, and While it is not,
in strictness, a proceeding in rem either,
it Dartakes rather of the nature of the
latter. 1t is designed as one of the pro-
cesses to test the legal perfection of an
assessment levied by a reclamation dis
trict. The property is entitled TO
a hearing at one time or another upon
the question of benefits. Proclamation
District VS.. Evans, 81 Cal, 104; Recla-
nation District VS.. Phillips, los Cal,
BOG; Hagar VS.. Reclamation District
Ill, u. s. TOD. Before the passage of
Section $685. of the Political Code, he
made his showing when action was
brought to enforce the assessment. But
to obviate difficulties and delays which
thus arose, this peculiar proceeding was
established. By it is provided a forum
before which property-owner may go
and make full proof of his objections to
the assessment. The final determina-
ton of the court upon the matter may
be used by or against him in any future
action to collect the tax. Thus it gives
the property-owner the hearing to
which he is entitled but provides that
~1,ob NAV q Ia Dlaco in advance
of an action upon the assessment, 1t is,
then, a process of law forming one of the
steps by which the lien of the tax is fixed
upon property. We entertain no doubt
that a foreign Consul may be bound by
all legal processes and proceedings in
State courts having this end in view. No
more responsibility attaches to the per-
son of the Consul in such proceeding
than arises in an action to enforce the
assessment, or than is occasioned by his
appearance before a county board for
the equalization of his assessment for
purposes of State and county taxation.
We conclude that the plea of consular
privileges is not well taken.
% The law contemplates the employ
ment by the trustees of a reclamation
district of a competent engineer to sur
vey. plan, locate and estimate the cost
of the works necessary for reclamation.
These plans and estimates, as provided
by the trustees, are reported to the SUI
pervisors and upon them the assessment
follows. Appellant contends that in the
plans and report of the engineer en-
pIoyed in this instance, the bitches and
pumping plant are not located, and
that therefore the assessment is invalid.
The engineers report is quite elaborate
and contains not alone a general and
comprehensive, but also a detailed
statement of the time, character and
amount of ditch work to be done, with
estimates of the cost thereof, and also
of the cost of the proposed pumping
plant We think the report is sufficient
in these respects to serve as basis for
the assessment.
II The appellant made offer to prove,
and asked of the witnesses questions
tending to prove that his land was
wholly reclaimed, and had been pro-
vided at his own expense, with suit
able pumping plant and drainage IA
cilities; that a thousand acres of 1t
We're in fruit bearing trees, and other
large portions planted to potatoes and
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