Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-09-17
TEE COUNTY covEssnEnr ELL.

as we are here dealing with that wonderful
and incomprehensible instrument, the new
Constitution, it would be imprudent to ex-
press an unqualified opinion upon this
question. 1t is held by some lawyers that
the Constitution itself renders election for
county officers this fall imperative, and if
this is the case the invalidation of the
county government bill will not extend
the terms of the present incumbents. The
language of the Constitution held to
necessitate election this year is to be found
in Section 20, Article Xxx, which provides
that " elections of the officers provided for
"by this Constitution, except at the election
in the year 1879, shall be held in the
'even-numbered years next before the ex-
"piration of their respective terms. !" The
meaning of this provision is elucidated still
further by Section TO- Article XIII, which
shortens the terms of all officers elected at
the first election after the adoption Of the
Constitution, one year, so as to bring the
succeeding elections in even-numbered
years. It is, however, contended that
county officers DO not fall within the cate
CORY of "officers provided for by this Con-
'stitution," that instrument having, as
it is alleged, merely appointed the ma
chinery by WHICH county officers are to be
chosen, and having in fact left it to the
Legislature to determine, not only all the
details of their functions, but the impor-
tant question of whether they should be
elected or appointed. On the other hand
it is maintained that since the Con-
stitution fixes the elections on the even
numbered years, and since the terms of
the present incumbents of county offices
viii expire before another election in an
even-numbered year QSS2) occurs, the
effect of not holding elections this fall
would be to create an interregnum, and
thus to throw the whole county govern
ment system into confusion. The new
Constitution contains so many knotty
points that there is room for great diversity
/ VI opium CfClJ IUOSIiOh
growing out of it, and in the present in
stance it appears quite probable that an
other decision of the Supreme Court will
be required to settle the matter intelli-
gibly. Are the county officers "officers
provided for by this Constitution %
In one sense they certainly may be SO
regarded, since there are no officers who do
not, directly or indirectly, derive their ex-
istence from the organic law. But it may
be argued that the very term, "officers
provided for by this Constitution" indi-
Gates that the trainers of the Constitution
had in their mind, not all the officers hold
ing position under the State and county
and municipal governments, but only the
officers whose functions, duties and powers
are directly defined and provided in the
organic law. Otherwise it would seem to
have been more natural and Ineligible
that the language of the Constitution
should have been such as to make it plain
that all officers elected by the people.
without distinction, were intended.
The unavoidable suspicion that the franz
ers of the Constitution may not have had
any clear idea as to what they were trying
to do, of course renders all attempts to ex-
plain these difficulties full of uncertainty.
1t appears that as the case stands there are
rong arguments on both sides, and that
those who believe the county elections
should be held, and those who main
tain that they cannot now be held,
have good grounds for their opin-
ions. Regarding The question from purely
political standpoint it may be said that the
failure to elect county officers is calculated
to deprive the campaign of a great deal of
activity and g enthusiasm" Which OF the
two parties is most likely to suffer from the
withdrawal of these local elements of ac.
tivity may perhaps be questioned. though
the Democrats appear to have the most
need for such stimulants in this part of tie
State. From purely popular standpoint
it may be said that the failure to hold cleo
tons this year viii save a great deal of ex-
pense, and that the public interests are not
likely to suffer from the extension of the
terms OF the present county officers, ex-
cept in a few isolated instances perhaps
As TO what viii actually happen, whether
there will be elections notwithstanding the
decision Of the Supreme Court or whether
that decision settles the question in the
egative, thers does not seem any posi-
bility OF determining at present The
Court has based its judgment upon
technicality. It has declared the county
government bill invalid because it
was not drawn, as to its title, in
strict accordance with constitutional re-
| quirements. Whether it is possible or
necessary to elect county officers, however,
is quite another question, and this the
Court has not adjudicated, since it has not
interpreted the language of the Constitu-
/ ton above quoted, and which at least
raises doubt as to whether these elections
are not directly commanded by the organic
law It is for these reasons probable that
it viii be necessary to appeal to the
Supreme Court again, and in the
meantime the candidates for county offices
viii remain in a very unhappy frame of
mind If the Supreme Court would frame
and publish gloss upon the whole Cons.i-
tuition, it would oblige the people greatly
and deserve well OF them, but it is to be
feared that such a task is beyond the
capacities OF any tribunal, however Jealous
an efficient, inasmuch as there is much in
the new organic law which cannot be ex-
planned, even by those who put it there.
THE BOARDS OF EQUALIZATION.
The Supreme Court yesterday granted a
perpetual injunction in the cases of indi-
vidual taxpayers whose assessments had
been raised by the State Board of Equal
ization. The Court holds that this power
appcrtains to the County Boards of Equal
ization alone, and that the State Board
can only eoualize assessments as between