Imperial Valley press., 1933-10-25

Copies of the supreme courts de-
cision in the two recall cases against
Burleigh Adams as director of the
Imperial Irrigation district. have
been received today by S. P. Will
liams, attorney for Charles H. Nor
row, who filed the latter's plea for
writ of mandate to force the dis
trict directors to call an election
against Adams:
The courts finding in the BOX
case" or the first recall case against
Adams is as follows:
Appeal from judgment on the
pleadings in favor of plaintiffs. The
question involved is correctly stated
by the appellants in the following
language: When a recall petition,
sufficient in all respects, has been
filed with the secretary of the board
OF directors of an irrigation district
and after the secretary has made
complete examination, but before
his certificate is made or said GER
tlficate and petition presented to
the board of directors, the major
portion of said petition is stolen and
lost, does such loss divest the secre-
tary of authority to make his certi-
f1cate and divest the board of juris-
distion to call the election?'
On the 21st day of February
1888, petition was filed with the
secretary of the board of directors
OF Imperial Irrigation district for
the recall of one Burleigh E. Adams,
a director from the fourth division
OF said district. The original petit
tlon consisted of one section with
only 16 names on it. The minimum
number of names required to effect
a recall election for director of said
division of said district was $40. The
first petition was certified by said
secretary to be insufficient and
within ten days thereafter a sup
Elemental petition was filed with
said secretary in 13 sections, con-
tanning over 300 names. The secre-
tary made his examination as re-
quired by law and also made dup
llcate list of all the signers of said
petition, and places of their resi-
dence. However, before he had ac-
tually made his certificate, as re-
quired by law, based upon the ORR
ginal and supplemental papers, II
OF the sections of said supplemental
papers were stolen from his office
which said sections contained some
CAT names. Inquiry was made but
said papers were never found or re-
covered. The secretary nevertheless
proceeded to make his certificate
based upon his said examination OF
the original and supplemental pa
pers, prior to their loss, and from
such examination, he determined
that sufficient number of qualified
electors were contained therein. He
attached to said certificate the
three sections remaining in his pos
session and satisfactorily accounted
for the loss of the remaining por-
tionS.
Action Instituted
"At this point plaintiffs, as tax.
payers, instituted this action to en-
join said secretary, as we'll as the
board of directors of said district
from taking any further steps to-
ward calling a special election fol
the recall of said director Adam.
until the whole of the petition hae
been found or the lost portion;
thereof restored by proper decree
of court. The allegation was made
that the directors would, unless re-
strained, call the election for the
purpose indicated.
Three of the members of the
board, one of whom was said direc.
tor Adams, resisted this application
fer an injunction. The other two
members of the board, by their an
sWer, joined with the plaintiffs in
requesting this injunction. The sec.
retary answered denying that ht
was unable to make the certificate
required by law and alleging thai
he had already performed that duty
also setting up the foregoing facts
as to the loss of the said documents
Under these pleadings, plaintiff
and the two directors who joined
them, moved for judgment on the
pleadings in their favor The mo-
ton was granted and judgment was
thereupon entered in favor of the
plaintiffs granting permanent in
junction against the calling of sale
election until the lost documents
were recovered or their loss estab-
lished by decree of court. From
such judgment, said three director
defendants, and said secretary, ap-
pealed.
I'VE can find no justification foi
the judgment for plaintiffs. The ir-
rigation district is public corpora
ton (Yolo " Modesto Irr. Dist. 216
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