San Andreas independent., 1858-07-17
The County Judgeship.

The County JudgeShip.
/ To the Ta1-Payers and Voters Of Calaceras
County:
The undersigned announces himself as
candidate for the Office of COUNTY JUDGE
of Calaveras county, at the request of large
portion of the citizens and taxpayers of the
county. His reasons for announcing himself
a candidate, are, that he is firmly convinced
that we have no legally elected or acting
County Judge; but that there is now va
cancy in the office. Upon this point he has
consulted the best legal authority he can OBJ
tain has carefully examined the law in re-
lation to the subject, and from the statute and
the legal opinions given him upon it, has no
doubt of the fact that the failure of Judge
Porter to take the oath of office, and qualify,
as required by law, has created vacancy in
the office, which should be filled by election
at the ensuing canvass. In support of these
positions, he submits the following facts to
the consideration of candid public:
At the general election had in the fall of
1853, w. II. Badgley was elected County Judge
of Calaveras county. In the summer of 1855,
Judge Badgley rendered to the Governor his
resignation of the office. Governor Bigler
appointed W. W. Porter as County Judge, to
fill the vacancy caused by Judge Badgley's
resignation. by virtue OF lnlS appointment,
Judge Porter held the office until the general
election in 1856. At the general election held
in that year, Judge Porter was elected to fill
the unexpred term of Judge Badgley, which
ran until the first Monday of April, 1885,
At the general election in 1851, Judge Porter
was again candidate, and elected (there be-
ing no oppositon) for a full term, commen-
cling on the first Monday of April, 1858, and
ending on the first Monday of April, 1862
For this term, Porter has wholly refused to
qualify, and has never taken the oath of office,
or other steps necessary to enable him to le-
gally hold and exercise the duties of County
Judge of Calaveras county,
Why has Judge Porter neglected refused
! to take the oath of office, and qualify under
such election? In regard to this | will state
facts, and you can form your own conclusion.
At the time Judge Porter was appointed, the
salary of the office was $4,000 per annum-
Thereafter, the Legislature of 1857 passed the
following Act:
THAT the County Judge of Calaveras coun-
ty, shall receive for his services annually, the
sum of Two Thousand Five Hundred Dollars,
and the District Attorney of Calaveras county
annually the sum of One Thousand Dollars
prorided this section shall not effect the sala-
ries of the present incumbent" See Laws
1857, page 76.
Judge Porter, as the then incumbent, drew
his salary for $4,000 up to the expiration of
the unexpired term of Badgley, according to
law. When that term for which he was cleo
ted expired, he was only entitled to receive
$4,000 per annum as his salary in these
times of itself, fair income, and well worth
securing.
If he qualified under his election in 1857,
his salary must inevitably come down to ST.
500. If he could hold over under his former
election as County Judge, he could as the
incumbent at the time the law was passed,
draw $4,000. He now claims to hold the
Office by virtue of his election to fill Badgey' s
unexpired term, which terminated in April,
1858. Can he hold over? Let us examine
the law providing for such cases. The Stat
ute says
County Judges shall, except in the cases
otherwise provided by special Statutes, be
chosen by the electors of their respective
counties at the general election in the year
one thousand eight hundred and fifty-three,
and at the general election every four years
thereafter, and shall enter upon the duties of
their Office on the first Monday of April, sub
sequent to their election. Comp. Laws, p.
! 241, sec. l3.
This statute expressly fixes the terms of the
office, and declares an election shall be held
to elect County Judge every four years af-
ter 1853
Section 43, on page 246, of the Comp. laws,
provides that Whenever a vacancy shall
occur in tie office of Justice of the Supreme
Court, or District Judge, or County Judge, or
! Superintendent of Public Instruction, the Gov
ernor shall fill the same by granting COM
mission, which shall expire at the next general
/ election by the people, at which election, such
| officers shall be chosen for the balance of the
unexpired term"
This statute plainly declares that such cleo
ton shall be only for the unexpired term of
the former incumbent. Now, inasmuch as the
/ law expressly declares that there should be an
election for County Judge at the general eec-
tion in 1857, and that when vacancy occurs
in the office the election shall be only for the
unexpired term, can anything be more plain
than the fact Judge Porter was elected in
1856 to fill out Judge Badgley's term and no
more? Did he at the time of that election
think ofholding for longer term? Was there
a voter who voted for him for any other term?
If Judge Porter thought himself elected for
four wears from Oct. 1856, why was he again
a candidate for election in 1851 Atall events
he was a candidate and was elected in 1857,
and then refused to qualify. Here let US refer
again to the law Section 80 on page 244 OF
the Compiled Laws, says" Every office shall
become vacant upon the happening OF either
of the following events: First the death or
resignation of the incumbent.
rifth, A refusal or neglect of the person elected
or appointed, to take the oath of office, as pre-
serloed IN section twenty-third of this act, or
Mnen bond is required by law, his refusal or
uegiect to give such bond within the same
os"e ,. IN which he is required to take the oath
ih,s oath of Office Judge Porter has refused
~, ''Ss' What follows? The law declares
cIsar o,ee the vacant Is there anything more
OF $1,000 per year in the salarr Or 'u did 5trs nda
lofler really fancy himself elected for fonr
years AZ the election in 1855, and not for an an
eneApfeu e1 sdn term, as the law provides? This
Sl.odo per year amounts to Sc .oor Cor tho
full term, which Judge Porter claims now 'to -
hold-a material difference in the sum to,a,