Woodward v. Fruitvale Sanitary District

Citations

• 99 Cal. 554
• 34 P. 239
• 1893 Cal. LEXIS 712

Syllabus

<p>Sanitary District—Petition for Organization__A petition for the organization of a sanitary district under the act of March 31,1891, asking the boai d of supervisors of the county to provide therefor, and to call an election within the district for the purpose stated in the act, giving the name and boundaries of the proposed district, and describing the petitioners as residents and freeholders thereof, sufficiently shows the desire of the petitioners to form a district under that name, and it appearing that twenty-five of the petitioners are, in fact, both residents and freeholders of the proposed district, the fact that the petition is signed by the names of others not having the statutory qualifications, does not vitiate the petition.</p> <p>Id__Posting of Notice of Election. —The statute does not in terms provide that the “four successive weeks” in which notice shall be posted “prior to the election ” shall be the four successive weeks next preceding the election, and a notice posted on the fourth day of October, 1892, and remaining posted for four successive weeks from that date, is a sufficient compliance with the letter of the statute.</p> <p>Id. — Premature Organization of Sanitary Board—Color of Office—Collateral Attack upon Bonds of District — Suit by Tax-payer__The fact that the sanitary board elected by the people of the district met and organized by the election of a president and secretary before the votes were canvassed by the supervisors, and the result declared, cannot invalidate the acts of the officers of the board under color of office, after receiving their commissions, and their acts thereafter as officers of such hoard in signing bonds issued by the sanitary board cannot be inquired into in a collateral proceeding by a taxpayer to test the validity of the organization of the district and the legality of the bonds, and the validity of a tax levied by the hoard upon property in the district.</p> <p>In. — Constitutionality op Statute—Police Powe