Burger

This suit is by a reclamation district to collect an assessment. The appeal is from a refusal of a new trial. It is denied that the district was duly organized, and that the assessment was in proportion to benefits.

The alleged defect in organization is that the petition was not signed by the owners of one-half of the acreage of the district. After the petition had been presented and had been published, the board. organized the district, excluding therefrom about three hundred acres, which was included in the district as described in the petition. It is admitted that the petition does contain the signatures of the owners of one-half of the land in the district, as reformed. It is contended that the board of supervisors cannot thus give themselves jurisdiction by forming a new district in which a majority of acreage would be represented on the petition. This position is certainly sound. A petition with the requisite number of signatures must be presented before the board can act in the matter at all.

The proceeding results in putting a burden upon property against the will of the owners, and the requirements as to proceedings of that character cannot be evaded by calling the…