The Placer herald., 1873-06-07
THE TERMS OF ASSESSORS.

The following opinion has been published
by Attorney General Love, on the legality of
the law continuing Assessors in office two
years longer than they were elected for.
The question is making quite a stir among
the taxpayers of this county, and we ask
them to give the opinion careful reading.
IL have been requested by a number of
County Assessors, by the State Central Com
mittee, by some county committees and by nu-
merous citizens to give an opinion on the con-
stitutionaty of Section A, 100 of the Political
Code, in and by which the several Assessors
throughout the State are continued III office be
yond the term for which they were elected by
the people, The principle involved in this gues-
tion has heretofore been passed upon by the
Supreme Court in the case of Christy rs. the
Board of Supervisors of Sacramento county
The opinion of Justice Crockett concludes as
| follows:
when the Constitution declares an Office to
be elective, it cannot Of course, be filed in any
other mode than that provided by the instru-
ment itself. We have repeatedly recognized
this position, as applied to assessors and collec-
tors of taxes. (People rs. Hastings, 26 Cal,
! 449; People rs Kelsey, "a i'd, 400 But where
an office has been filled in the method prescribed
by the Constitution, no reason is perceived why
the Legislature may not extend the term of the
incumbent, provided the whole term when ex-
tended does not exceed the time limited by the
Constitution Section of Article XI. of which
provides that when the duration of any Office
is not provided for by this Constitution 1t may
be declared by law, and, not so declared, such
Office shall be held during the pleasure of the
authority making the appointment; nor shall
the duration of any Office not fixed by this
Constitution ever exceed four years. Any
| officer duly elected b. the people, and holding
n q pytrn1p1 by he rsl0 0t,Irp
within the constitutional limitation of time,
| cannot, in any Just sense, be held to hold, not
as an elected officer but appoinee of the
! Legislature 1t cannot be denied that he was
elected to the office, and that he would not be the
! incumbent of it except for his election The
people have exercised their constitutional right
in selecting him for the Office, and instead of
thwarting the popular will by appointing some
one else, the Legislature has rather ratified it by
extending his term. The duration of the terms
| of Office, except as limited by the Constit ution,
IS a matter of purely legislative discretion. 1t
| may be diminished or extended at the will of the
| Legislature, within those limits, and this power
| in no degree trenches on the constitutional
| right of the people to select the person who is
to fill an elective Office The people select the
| incumbent of the office, but the Legislature has
| powerto define the duration of the term, pro-
| vided it is not fixed by the Constitution, and is
within Unconstitutional limitation of four years
| If we had any doubt on this point should be
very reluctant to arrive Mt different conclusion
in view of the serious complications which
might arise growing out of past legislation on
this subject The Legislature has so often ex-
ercised unquestioned the power to proong the
| terms of the incumbents of elective Offices that
it might result in the most embarrassing per-
pleXities if all these acts, at this late day were
| pronounced to be void, They have repeatedly
extended the terms of Supervisors, Tav Col
lectors, Assessors and all county officers
Stats: 1858, p. 26l; 1862, p 1923; 1859 p, 236,
3Sa: @ 1851 p 2So; 1863, PIP, ~, 406, 1887, "a
sos; 1857, p. 2Sl; 1864, p. 5S7 1858, PIP. 121
4579 Nothing but an imperous sense Of duty
| founded on the planest principles of constitu-
tional construction, would justify us in holding
all these acts to be void after this lapse of time
If we had even grave doubt on the subject
considerations Of public policy would .impel us
to uphold these enactments if practicable.
| (39 Cal, p j.
Whatever doubt exists as to the constitutions
aty Of this section of the code is forever set at
rest by this decision. l am, therefor, of the
| opinion that the assessors now in Office have
valid tenure fer the terms prescribed in said
| Section 4, l09 of the Political Code.
| JOHN L. LOVE-
| Attorney General of California