The Placer herald., 1870-05-28
Sale CT Railroad Stock and Supervisors
Compensation.
roI THE PLACER HERALD.


noticed in your issue of last week you
criticised the acts Of The Supervisors 10 ap-
propra.ing money for their services, ex-
penses and attorneys fees, in selling the
stock Of the county in The Central Pacific
Railroad. The Stars and Stripes of last
week also contained severe, though un-
!awy criticism upon The same subject.
You, however, generously state that your
columns, as well as those OF the Stars and
Stripes, are open TO an explanation. Pre-
suming that you spoke from authority. | at
once avaied myself Of the opportunity, as
Chairman Of The Board to reply generally
to these attacks, and rs the Stars and Stripes
is issued first, | have written aud left with
that paper for publication an article sub
stantially the same as this.
In the first place, as he article in the
Stars and Stripes was written by a lawyer
Mr.. Bullock, it Is surprising that it should
manifest such ignorance Of the law. The
article says "Ths law further provides that
in no case shall their (meanng the Super
visors} compensation exceed five hundred
dollars per annum." The law contains no
such provision. There was clause Of this
kind in the old law, passed in 1857 but it
was repealed by the last Legislature. The
law now fixes the compensation OF the Su-
pervsors at six dollars per day and mileage,
but does not limit it,
The article in question further calls the
conduct of the Supervisors, in appropriating
money for their services, unprecedented. In
this the learned LAWYER is equally mistaken,
The Act of 1868, allowing the bonds to issue
to the railroad, propided that they should
be signed by the Chairman Of the Board Of
Supervisors. The Chairman Of the Board
Mr.. Fanoop, who performed :bis duty, was
allowed by the Board large sums out of the
general fund for signing these bonds. have
not figured up bis allowance, but for bis
services under this Act he was allowed
within about year after its passage, over
$1,000. Ills services involved no RESPONSE
hility, 10 comparison with that the presen
Supervisors have had to assume. Since
then the Chairman Of the Board has recev-
ed annually out Of the county treasury $50
for services IN connection with the railroad
stock, and all these sums have been paid, in
addition to The eight dollars per day and
mileage allowed a Supervisor, prior TO 1870
The action Of the present Board is not, there
fore. unprecedented" but has the practice
Of every Board since 1868 to sustain it.
The lawyer in the Stars and Stripes further
states that the allowance to the present mem
bers of the Board was made without author
ily Of law, and that be has looked over the
law Of last winter, aud finds no such prov
sion in it, allowing compensation for this
work Here lies the whole gisl of the mat
ter II the warrants issued TO the member
Of the present Boarl weie issued without
the authority Of law, | admit they are void
and whether or not It IS So, If The people Of
Placer county think tbs allowance is unrea-
sonable. ! fur oue VII deliver up my wal
rants without besiia;iuD. ! think it will be
found the law authorizes these issues will
say here, however, that regret to be com
PEELED to discuss in the papers question of
law pendng before tbe courts, and ouiy do
so because tho lawyer who has commenced
the suit has chosen TO open such discussion
Perhaps be feared the soundness Of his law,
aud wanted to progresses aud pstJ"dce the
public mind IN advance, and thus affect the
mind Ci Tue court.
The law of 1868, authorizing the issuance
of bonds TO the Central Pacific Railroad and
the taking Of stock therefor, Imposed certain
duties upon the Supervisors. the Treasurer
and the Auditor. These wele duties that 10
previous law had imposed on them, aud for
which no previous law had provided any
fees. Some five SECTIONS Of said Act con
tain provisions imposing duties on the
Supervisors They were given the entire
control of the stock, and it became their duty
TO watch the interests Of the county regard
ing the same.
Section II OF said Act authorized the Su-
pervisors to sell said stock provided major
ity OF the electors voted in favor OF the same
The Act made the Chairman Of the Board,
Treasurer and Auditor Commissioners to
manage the fund for The redemption Of the
bonds.
The 10Th Section Of The Act further de-
cared that the said Comm ssioners, and all
other officers herein specified for the per-
formance Of their duties under the provisions
of this Act, shall, 10 all things herein re-
quired Of them. be subject to all the lsbiIi,
lies and penalties TO which they are suhect
on the performance Of any other OF the duties
Of their respective Offices and they shall,
when the fees or salary is not fixed by law
for tie services herein required, be allowed
by the Board Of Supervisors reasonable
compensation therefor, to be paid by said
county as other fees or salaries are paid"
An Act WINS passed in 1866 amendiug the
l7lh Section OF said Act. in relation to the
sale of the stock, by allowing the Board to
sell without submitting the question to n
vote, so that the sale was not for less than
par value. The Act Of last winter amended
this so as to allow the Supervisors % sell for such
price as they saw lt. for the best interests Of the
county. In neither of these amendatory .9cts
WAS the 9th Section touched. 1t is still in force
1t seems 10 me plain that under The 10th Section
the Supervisors are entitled to pay for services
required under this Act They certainly come
under the head of all other officers herein speci
fed" If entitled TO pay, the Section declares
that such pay "shall be allowed the Board of Su
pervisors." 1t is true that the Act OF last winter
does not say anything about compensation Tor
these services. The Act Of last wiuer is amend
tb..c D,itr At 10 Of II