McCullah

This is an action to have an assessment for twenty thousand five hundred dollars adjudged to he valid. It is brought in pursuance of section 3493-£ of the Political Code, a new section enacted in 1893. Plaintiff had judgment in the lower court as prayed and costs, and the contesting defendants have appealed from the judgment and an order denying their motion for a new trial. The complaint follows the form prescribed in the section of the Political Code referred to, and seems to he sufficient as to its allegations. The answer denied most of the allegations of the complaint, except as to the organization of the district and the ownership of the lands assessed. The findings of the court are against the defendants upon all the issues presented in the answers.

It is contended on the part of the defendants that the complaint does not state facts sufficient to constitute a cause of action in that the new section of the Political Code under which the action was brought is unconstitutional. It is provided by this new section of the Political Code that “at any time within one year after the filing of the list mentioned in section 3462 the hoard of trustees of the district may, in the name…