Supervisors

A writ was issued by this court to review the acts of the- board of supervisors of Imperial County in the organization of an irrigation district under the act of March 31, 1897, and the amendatory act of 1911. . (Stats. 1897, p. 254; Stats. 1911, p. 509.) A return having been filed, the cause was argued and submitted upon a demurrer to the complaint, a motion to quash the writ and the return.

1. The defendants claim that the writ of review will not lie, for the alleged reason that the board of supervisors, in organizing the district under the statute, was not exercising judicial functions. Such writ cannot be issued to review the proceedings of the board except when it is exercising judicial functions and has exceeded its jurisdiction in that respect, and there is no appeal, or, in the judgment of the court, any other plain, speedy, and adequate remedy. (Code Civ. Proc., sec. 1068.) The argument is that the act of creating such a public corporation or taxing district is a legislative act and not a judicial proceeding.

It is not disputed that the mere creation of a district of this character is a legislative act. (See Glide v. Superior Court, 147 Cal. 21 , [ 81 Pac. 225 ]; In re…