The Irrigation Laws of California Opinion As to the Scope And Effect of Judge R

James a Waymire

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The Legislature has exclusive power to form public corporations withiu the State. It is an act of sovereignty, an act of paramount authority. Lu the absence of constitutional restrictions, it may pass a special act creating a public corporation out of any territory speci- fied in the act, authorizing the exercise of taxing power for municipal purposes within 40 those Hiuits without even consulting the wishes of the people concerned. A corporation so created may be a count}-, or a city, or a sch...ool district, or a reclamation district, or an irrigation dis- trict. This proposition is so fundamenlal that it will not be disputed, and it requires the citation of no authorit}' in support of it. In this Slate the Constitution requires such corporations to be formed under general laws. Hence the Legislature has prescribed certain steps to be taken for the forming of municipal corporations, the first of which is the presentation to the supervisors of a petition, " signed by at least fift}' of the electors of the coniit3\ residents within the limits of such proposed corporation.

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