Daily Los Angeles herald., 1880-09-17

The opinion said to be reached
by the Supreme Court of California
on the new County Government
bill threatens to revive that Incl
dent, described by Milton in his
"Paradise Lost" In which "chaos
umpire sat and by decision more
embroiled the fray" The precise
scope Of the decision of the court is
not yet known, MS the opinion has
not been formally filed, but our
people are comforted by u number
of interesting problems.
First-Are we to have q county
election on the second of Novem.
Der? The general opinion seems
to be that we are not.
Second-Will there be any ma
chinery for holding any election
whatever, either State or county :?
Third-Will California be able to
vote for President of the United
States :? It must be borne in mind
that the Constitution of the United
States leaves the matter of cleo.
tors for President and Vice Presl-
dent to the States themselves, mere
~ providing that the qualifica-
lions OF the voter must be such as
entitle him to vote for members of
the more numerous branch of the
State Legislatures. However, If
the law has made no provision for
collecting any vote whatever, or
for the election even of State
Legislature, California will not be
able to vote for President and Vice.
President.
We have stated the leading pos
sibilities and dilemmas. We now
come to the secondary ones. In the
event of our having no election for
county officers this fall, who will
all the vacancies? Some of the law
yers we have consulted suggest the
Governor, others the Board OF Su.
pervisors, others that they hold
over till the next election. This
latter theory is confronted by the
fact that the Constitution provides
that all present county officers shall
vacate their positions one year after
their election.
The probability seems to be that
the Legislature, which is entrusted
with the power to provide for the
election or appointment OF
these vacant county offices,
will exercise its power; or,
In default Of such exercise,
that the Board of supervisors
will supply the omission. In addi.
ton, We think there is a provision
in the new Constitution empower.
ing the Superior Judges to appoin,
the Board Of Supervisors. in the
event of failure to elect them.
1t becomes very interesting t.
know the precise scope of an opin
ion which all lawyers seem to agrs.
was inevitable, and to know
whether IL extends to the genera
election. Gov. Perkins and his ad
visers are doubtless gravely consid'
ering the question, Of an extra SEES
sion of the Legislature. If thai
body were convoked al once, there
would still be time to provide fol
an election by the I'd of November
Whether the Governor will adhere
to his resolution not, under any
circumstances to call an extra SEES
sion, remains to be seen. We Iearr
that, within the past week, Gov
Perkins informed Hon. Romualde
Pacheco that he would not call an
extra session.
One of the nominees for an i'm
portant county office, the Other
day, received a letter from
a very high legal quarter
In which 1t was suggested that the
county elections should be held aa
usual, and that the officials Their
elected would undoubtedly hold
the trusts to which the people
should advance them. We were
not made acquainted with the
grounds of this opinion.
We have suggested some of the
perplexing questions to which thii
decision will give birth. They
might be multiplied indefinitely
but 1t is better to await the full
text Of the opinion.
The advertisement which ush
cred the Hon. Emory A. Storrs, o
| T11fnNto l.