Southern Sierras Power Co. v. Imperial Irr. Dist.

The petitioner for rehearing seeks opportunity to present the argument that the Imperial Irrigation District is not a “political subdivision” of the State of California and cites and relies upon Wood v. Imperial Irrigation District, 216 Cal. 748 , at page 753, 17 P.(2d) 128, 130, where the court states in the course of its reasoning to its decision that “an irrigation district is not a political subdivision of the state or county, or a political subsidiary at all.” Compare with the later case of Box v. Young, 219 Cal. 243 , 26 P.(2d) 290.

If the contention of the petitioner for rehearing is correct and the Imperial Irrigation District is not a political subdivision, it is not entitled to the remedy afforded by the statute invoked in its petition below. That petition invokes the District Court only for “the benefits and provisions of the amendment to the Act of Congress approved July 1, 1898 (and amendments and supplements thereto), approved May 24, 1934 (H.R. 5950) and designated as Chapter 9 of said Act, and in support of said petition states as follows :”

Chapter 9 provides only for “political subdivisions.” It is set forth in 11 U.S.C. A. § 303, as follows:

“§ 303,…