The record-union., 1897-01-03
AN IMPORTANT DECISION.
Mrs. ThiSby Must Pay Her Swamp Land
Assessment.
Judge Johnson Decides That the
Assessment List is Valid
and Legal.

Judge Johnson yesterday rendered a
decision in case that has been
watched with much interest by owners
of swamp lands in the different districts
along the river, the question involved
being the validity of the assessment Of
Reclamation District No. $50 against
Rebecca Thisby.
Following is the text Of the decision:
This is an action ito recover a swamp
land assessment.
The defendant contests the legality
and validity of the assessment upon the
ground that the commissioners ap-
pointed to view and assess the. Land
failed to comply with the statute in
that respect. That is, they did not view
and assess the lands in the district
charge proportionate to the whole ex-
penses and to the benefits that would
result from the proposed works of re-
clamation. The proposed works Of re-
clamation consisted of pumping
plant, a canal, and a levee District
No. 556 consists of - acres of land
situated in the upper portion Of Andrus
Island and extends the full width Of the
island. 1t appears that it fronts upon
the banks of the Sacramento River on
one side and Georgiana Slough ON the
other; that the land is higher and
slopes back from the bank of the
streams to the center of the island
where there is quite a basin composed
of low land. During flood seasons, in
their natural state the streams overflow
their banks, but the water soon runs off
from the high lands and collects i'm the
back low lands The low lands are
subject to overflow even when the water
held out by levees does not overflow the
banks, for the reason of sipage from the
two adjoining streams. The reclama-
ton scheme attempted was to protect
the lands of the district from overflow
by a system of levees, and by a canal
and pumping plant remove the sipage
water from the lower places in the dis
trict. 1t appears that the scheme has
been successful and that the whole dis
trict ds now practically reclaimed.
Each tract of land in the district
fronts upon the bank and runs back to
the canal. From the evidence it ap-
pears that three classes of land are con-
tanned in each tract That is, the land
upon the river forming what is called
the fruit land. Then back of that is a
strip of land that is adapted to alfalfa,
adapted to the cultivation of beans, etc.
The fruit land being Of most value,
while the alfalfa land ranks next and
the beans last.
The commissioners testify that they
went upon each of these tracts for the
purpose of viewing and fixing an as
SeSSment. That as a result of their
deliberation they came to the conclu-
Cis tlt>y Ia md An, strio
which would be benefited would re-
ceive an equal benefit from the works
contemplated, and that each tract
should be assessed equally in proportion
to the acres contained. They found
that Of the whole number of acres in
the district that 104.07 was outside of
the levee and not benefited by the
works; that the canal occupied $40
acres, which as lands for ordinary pur-
poses would have no value. They there
acres included in canal and outside of
the 1evee from the whole number of
acres included in the district and then
divided the required assessment anon g
the number Of acres remaining. This
fixed the assessment to be borne by
each remaining acre at the sum of
rate, that is, to make a list Of the
charges assessed against each tract of
land.
They assessed the tract owned by de-
fendant at the sum of $3,2 IL. Her
land consisted of 1OO37 acres. Appar-
emily this would not be at the rate of
S34 09, but would be only S32 and a
fraction per acre, but 1t is explained by
the testimony of Commissioner Sheehan
that about six acres were deducted
from the total OF her land on account
of the lands outside the levee and in the
canal, leaving her SO acres which
was to be benefited, and that at the
rate Of S34 % per acre would make the
amount listed against plaintiffs tract.
Section 3460 of the Political Code
says: "The commissioners appointed
by the Board of Supervisors must make
a list of the charges assessed against
each tract of land"
Section 3461: ''The list must contain