Wilcoxon

I concur in the judgment, not only upon the ground stated, but because I am of the opinion that the act of 1889 is unconstitutional.

In December, 1890, the city of San Luis Obispo instituted proceedings under the act of March 6, 1889 (Stats. 1889, p. 70), for the widening of about three hundred feet of Chorro street, and designated the exterior boundaries of the district of lands to be affected or benefited thereby. In its resolution of intention it declared that “ the public interest and convenience require that Chorro street of said city, between Monterey street and Higuera street, be widened as hereinafter specified”; and, after describing the land to be taken therefor, continued: “And the work to be done and the improvements to be made shall consist of removing from said land the buildings and other structures and obstructions now thereon, and filling in with earth so as to bring the land taken (not including the creek) to the present grade of Chorro street, and gravel the same.” After proper publication of its resolution commissioners were appointed to assess the benefits and *509 damages to be produced by the improvement, and in due time made a written report thereof to the city council, in which they estimated that the aggregate amount of the value of the land to be taken and damage to improvements and…