People Ex Rel. Silva v. Levee Dist. No. 6

A Levee District was Organized Under Act of March 25, 1868 (Stats. 1867-68, p. 316), providing a method for the organization of such districts, and, such act being declared void as to the method of organization, the legislature, by act of March 30, 1872 (Stats. 1871-72, p. 734), recognized the existence of such district. Held, that such

legislative recognition gave legal existence to such district, though it was irregularly created, since the legislature, having power to create such districts, on the law under which it was created being held invalid could give it legal existence by positive recognition.

Levee District.—Act of March 31, 1891 (Stats. 1891, p. 235), providing a new form of government for a certain levee district, is not violative of constitution, article 11, section 6; and article 12, section 1, declaring that neither municipal nor private corporations shall be created by special laws, since sireh levee districts are neither municipal nor private corporations, but are mere governmental agencies having certain of the attributes and functions of corporations.

Levee District.—Act of March 31, 1891 (Stats. 1891, p. 235), providing a new form of government for a levee district, does not contravene constitution, article 4, section 25, subdivision 3, forbidding the enactment of local or special laws if a general law can be made applicable, since it was a question for the legislature whether a general law was applicable, and its determination of the necessity for a special law will not be interfered with.