Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-09-20
THE ELECTION OF COUNTY OFFICERS
YET TO COME.
IRed Bluff PEOPLES Cause. !

Editor Peoples Cause From the fact
that the Supreme Court has decided the
County Government Act to be unconstitu-
tional, it does not follow that we are not
to have an election of county officers this
fall On the contrary, it seems quite clear
that the election must occur. Article XII,
Section of the Constitution provides as
follows
The legislature by general and uniform laws,
shall provide for the election in the several counties
of Boards Of Supervisors Sheriffs, County Clerks,
District Attorneys and such other county, township
and municipal officers public convenience may
require and shall prescribe their duties and fix their
terms Of office.
The foregoing is the only provision in
the new Constitution for the creation Of
county officers. The Constitution itself
makes no provision for the appointment or
election of these officers. That power is
reposed in the Legislature and an attempt
was made to exercise it in the County Cow
eminent Act. That Act has been pro-
nounced unconstitutional, and it is just as
if it had never been passed-and so we
have no expressed provision in the new
Constitution or by act of the Legislature
for the election or appointment OF county
officers, and the situation would seem to be
serious indeed but fortunately among
manifold virtues the Constitution has a
saving clause which meets the present
emergency. 1t is as follows:
Article XXI, Sec. l. That no inconvenience may
arise from the alterations and amendments in the
Constitution Of this state, and to carry the same
into complete effect it is hereby ordained and de
cared that all laws in force at the adoption OF this
Constitution not inconsistent Herewith shall re-
main in full force and effect until altered re-
pealed by the Legis azure, and all rights, actions,
prosecutions, claims and contracts Of the State,
counties individuals or bodies corp rate, not incon
sstent Herewith shall continue to be valid if
this Constitution had not been adopted
Now the laws providing for the election of
county officers, in force at the adoption
of the new Constitution, were not in any
sense or degree in conflict with the new
Constitution, for as has been shown the
new Constitution did not deal with the
question at all, except to confer power In
the premises upon the Legislature, power
which the Legislature possessed under the
laws then in force. From this it follows
that the laws providing for the election of
county officers In force at the time OF the
adoption of the new Constitution are still
in force, and elections must be called under
them until they are repealed or amended.
By these laws, however, the terms of the
present county officers of this county
would not expire until another year. But
the Constitution provides q" that the terms
OF all officers elected at the first election
under the same, shall be respectively one
year shorter than the terms fixed by law or
by this Constitution, and the successors OF
all such officers shall be elected at the last
election before the expiration OF the terms
as in this section provided" As to terms
of officers and the time of election thereof,
the old law did conflict with the Constitu-
ton but in no other respect, but as the
Constitution itself fixed the time of the
election of their successors, it would seem
clear that the decision invalidating the
County Government Act cannot practi-
cally affect the question of the election Of
county officers and that such election must
take place this year. LEX.