Fletcher

This is a petition for writ of certiorari to annul an order of the respondents adjudging the petitioners guilty of contempt in violating the provisions of a writ of certiorari issued by that court.

The people of the state of California initiated condemnation proceedings to open a highway to the Malibu ranch. The trial court fixed security in the way of money deposits and the deposits were made in accordance with the order fixing the amount thereof. Thereupon the petitioners took possession of the proposed highway and proceeded to construct the highway. The constitution of California, as amended in 1918, article I, section 14, provides that where a condemnation proceeding is brought by the state, the state “may take immediate possession and use of any right of way required for a public use whether the fee thereof oían easement therefor be sought upon first commencing eminent domain proceedings according to law in a court of competent jurisdiction and thereupon giving such security in the way of money deposits as the court in which such proceedings are pending may direct, and in such amounts as the court may determine to be reasonably adequate to secure to the owner of the property…