Chambers

Petitioner made an original application to this court for a writ of review (No. 2411) to annul an order or resolution of the hoard of supervisors of Tehama County denying a petition for the organization of an irrigation district to be known as Los Molinos Colony Irrigation District, and later, an application for a writ of mandate (No. 2452) to require the board to adopt a suitable resolution determining that all the provisions of the Irrigation Act of March 31, 1897 (Stats. 1897, p. 254) and the amendatory acts have been complied with. The two applications were made for the reason that petitioner was in doubt as to whether it is a case for certiorari or for mandate, and it was stipulated at the hearing herein that they might be considered together by this court and covered in one opinion.

The petition to the board of supervisors was in proper form and was published as required by the statute. A written opposition or contest was filed by. certain property owners within the proposed district, and after a public hearing the board denied the petition. Several questions have been discussed by counsel, but the only serious controversy seems to be as to whether the evidence before the…