The Empire County argus., 1855-03-10
Colonial: Saturday, March 10, 1853.
Special Legislation Under Difficulties.

Special Legislation Under Difficulties.
The delegation representing the county of Ell
Dorado in the Legislature, now in session, appear
to have marvellous propensity to do something by
way of distinguishing themselves In a late effort
they, it would seem, have arrived at the conclusion
that the sovereign people of Ell Dorado are incapa-
BILE of electng officers TO transact business for the
county, especially just about this time. Therefore
to relieve the people of the elective franchise to
some extent bill is introduced in which section
first stands in these words
'That nj. K Shearer, G.. M. Johnson, E. c.
Southworth, shall be and are hereby constituted a
Board of Supervisors for the county of Ell Dorado" "
Who in the county of Ell Dorado solicited our
delegation to introduce measure of this kind
Do the people of this county desire legislation of
this description In hot haste portion of the
delegation attempt palpable violation OF the con-
stituton of the State Section fifth of article
eleventh provides explicitly that
1.-The Legislature shall have power to prorlde for
the election ola Board of Supervisors in each county"
Thus u Board of Supervisors is created by the
constitution, and all the legislature can do is to
provide for their election, rot their appointment
and define their duties and powers.
The people of this county, when they see this
bold attempt to override the constitution and de-
prive them of the privilege of eecting their own
officers will not feel remarkably proud of their rep
resentatives for be it known that bill embracing
the section we have quoted passed the Assembly
and was sent into the Senate, and as we are in
formed there supported by all of our senatorial
delegation except Mr.. Hall.
But the cream, the real essence and transcendent
beauty of the bill is in section third, az follows
"The said Board shall have the power to ratfy,
confirm and adopt all proceedings and acts hereto
fore had and performed by the Court of Sessions of
said county,
How sweet and nice this sounds. How wonder
fully cute Just as if legislature which has no
constitutional authority to cothe the Court of
Sessions with cicH power--can whip around Robin
Hoods barn and legalize the illegal and unconsti-
tutional acts of Court of Sessions through Board
Of Supervisors of its own appointment. The solons
who invented this bill ought to have a leather
medal. If we mistake not this same (. c. South
worth and Nj. K. Shearer mentioned in the first
section have occasionally sat in the Honorable
Court of Sessions as Associate Justices. If this is
SO, all the better they could more readily under
stand and adjust the doings Of that institution.
Section fifth of the Superv sor bill we are consid
ering is also very nice 1t says:
THE County Clerk of said county shall be Clerk
of said Board, and shall receive such compensation
therefor as may be allowed by said Board"
No limit at all all right. If the Board should
think the services of the Clerk worth twenty thou
sand dollars and again, if the Board should hap
pen to feel lberal and reward the Clerk with four
hat n dobr;
way, for the will of the Legislative Board is the
Alpha and Omega of all law in this instance. This
elegant bill for Board of Supervisors for the
Empire County we are glad to say has been tabled
in the Senate. A Board Of Supervisors is needed
beyond all doubt, but the people can wait without
any difficulty for the passage of the general bill.
The people of this county desire special legisla
ton in this respect but they do desire the privilege
of selecting and electing their own Supervisors.
In the discussion of this bill in the Senate Mr.
Colby said
This bill provides for the appointment of a
Board of Supervisors, and except the names of the
Board are inserted by the delegation of the county,
q special bill of this nature may entirely controvert
the wishes of the people, and further believe that
it is against the spirit and letter of the Constitu
ton, for the Legislature or any other power to ap
point Board of Supervisors.
Article IL, Sec. 5, of the Constitution, says:
The Legislature shall have power to provide for
the election of Board of Supervisors in each
ty, and these Supervisors shall jointly and ndivid-
ually perform such duties as may be prescribed by
law
If this section means anything, it confines the
power of the Legislature simply to providing for
the election of Board of Supervisors, and nothing
further and believe the first section of this bill is
in conflict with this section of the Constitution
A bill similar to this, appointing Board of Super
vsors for Sacramento county, has been referred to
the Sacramento delegation; but, although the Or
ganizaton of Board is greatly needed to regulate
the affairs of this county, shall be obliged to re-
port against it, the ground that it is unconsttu
tional. have further, consulted with some of the
members of the Supreme Bench, and they fully
concur with my opinion, that the power of the
Legislature confined to providing for the election
ct board of Supervisors. | move sir, that the
first section of this bill be stricken out
JUDGE WILSON, U. S. Senator elect from Massa-
chusets, is spoken of as freesoer, and his cleo