Sacramento daily record-union., 1882-01-27
LOCAL INTELLIGENCE.
QUO WARRAHro PROCEEDINGS AGAINST
JUDGE GILMER.

QUO WARRAHro PROCEEDINGS AGAINST
JUDGE GILMER.
City Attorney W. A. Anderson, pursuant
to order of the Board of Trustees, applied to
the Attorney General for leave to use the
name of "The People" in proceedings
against Thomas W. Gilmer, whom it is al
legged is exercising the Office of Justice of the
Peace in this city without any authority of
law. Since the decision of the Supreme
Court sustaining the constitutionslity OF Sec
ton I03 of the Code of Civil Procedure, which
provides that there shall be two Justices in
all cities with more than 20, 900 and less than
100000 inhabitants, and fixing the salary OF
such officers at $1,000 per annum
each, and all fees collected to be paid into the
CITY treasury. the Sacramento Board
of Trustees has been desirous OF having
the question settled whether there shall
be two Justices paid by this city, OF whether
there shall be three, with one VINO snail be In
denendept. and allowed to collect and retain
fees II Is claimed that if the third Justice
il permitted to exercise the office, it will vir-
tually amount to throwing all the business
info the hands Of the third party, and the
salaries will be paid without any considera-
tion or return. The two salaried Justices
will have to collect fees in advance, and pay
the same into the treasury, while the third
Justice will be allowed to do credit business
and retain his fees, TO the injury of the city.
The petition was granted by the Attorney
General. and Mr.. Anderson, on the relation
of Mayor John Q Brown, yesterday fled
complaint in the Superior Court against
Thomas W. Gilmer, alleging that there are
only two lawfully elected and qualified JUS
tees in this city, to wit. Messrs. Tubbs and
Coggins; that Section 103 Code of Civil Pro-
cedure, provides for only tive Justices for
Sacramento that Thomas w. Gilmer is an
intruder and usurper, and exercises the Office
of Justice without any authority of law !;
that he collects and retains fees as such JUS
tice, to the injury of the people of the State
of California and the city of Sacramento.
Judge Gither claims to act as a Town
ship Justice" The City Attorney urges that
there is no such political subdivision as the
Township of Sscrsfnento," and that the
provisions of Section 103, Code of Civil
Procedure, plainly limits the number of JUS
tices for this municipality to two. It will
also be urged that Judge Gilmer was elected
pursuant to a proclamation of the Board of
Supervisors, and that by this act said Board
deemed it for the interest and convenience of
the city to have three Justices. Upon this
position the City Attorney holds that even
though the Supervisors have exercised this
authority under said section (which said
Board did not), that the act would be void,
because the Constitution prohibits the Legis-
lature from delegating such power to any
Board or person.
1t is now understood that other attorneys
have, in cases tried before Judge Gilmer,
raised the question Of the validity of his
judgnsnts, and that they have not yet been
brought before the appellate Court. There
seem to be very grave doubts whether any
proceedings before Justice Gilmer can be sus-
tanned, for if the position of City Attorney
Anderson is tenable, he is not even q Justice
de facto, and all his acts as Justice of the
Peace are absolutely void. The matter will
now come before the Courts for adjudication
and settlement.
A POSTPONED WAGER. = State Treasurer
We'll was called on by reporter yesterday,
who has wager with blacksmith that he
tthe knight of the penci) can lift three mill
ions of dollars-as least that if be can lift it
he can get away with it; and if he can't, { at
he can get away with a part of it-if left
alone This speculation was INDUCED in on
the expectation of the Treasurer that by the
second week in January the State strong box
would contain between 5000, 600 and S4,-
600, 900 in coin. The scribe was disguised
and the blacksmith delighLed-for the latter
well knows the former can accomplish the
dsed-whea Mr.. We'll stated that he had Iot
the necessary sum on hand. The truth is
that all the counties except three have to
settle with the State in January. Twenty
eight up to yesterday had settled, leaving
twentY-one not heard from. OF course they
have few days leewsy yet, but the sum in
the treasury is niserably small for January,
for of the new taxes Mr.. We'll has been able
to turn vault key en- but the Insignificant sum
of 81, ,321, 967. By the S5h Of February, how
ever, the Treasurer expects to have money
enough in for the most muscular exercise Of
the lifting powers. The new tax money thus
far placed in the treasury safes scarcely more
than equals the sum required for the general
fund-$2 100. 900.
FREIGHT REPoRT-The following freight
passed Ogden for Sacramento on the 23d:
Whittier, Fuller & Co, ? boxes paper hang
ings; Waterhouse and Lester, y cases car
riace axles J. R. Ward, 4 boxes dry goods;
Holman, Stanton & Co, l car mowers d.
w. Earl, 20 steel shoes w. f. Peterson, 4
cases and barrel confectionery; c. P. r r.
Company, casks ingot copper, l hogshesd
lantern globes Weinstock & Lubin, 80 bales
comforters Mebius & Co., 10 barrels hams
A. A. Van Volrhies, 1 box saddlery hard
ware Huntington, Hopkins & Co., 80 boxes
and cases hardware, 6 boxes castings, l case
cutlery, l barrel wire, l barrel glue pots, l
barrel vises, l Car iron. barrels butts and
hinges. 81 bundles and Il bars steel, 20 kegs
and barrel staples.
AN OLD ACQUAINTANCE = 4" The old
steamer Chin-du. Wan, whose meledious CALI
ope has often awakened the echoes here
abouts, is to be converted into a coal barge"
If ears had tongues to speak, there would be
a perfect babel of vociferation in thankful
expression on the Sacramento river over this
bit of news. clipped from a Vallejo paper.
Melodious indeed-why the Insane Asylum
is full of inmates, drawn from the whole river
and bay country, whose reason was dethroned
by the "melody Of the Chin.du-Wan No
one hereabouts has any i'll will against the
old boat, but as to that ancient calliope-
well. when she wore the ornament up this
way in the loag ago TIE people used TO bsgin
to set their earthly affairs in order.
TRADE MABK.-The Boot and Shoe Makers
White Labor League, of San Francisco, have
filed with the Secretary of State their claim
to the trademark, of which the following is
description: It is 8 stamp or label with the
design of Chinaman, being clutched at the
throat by the hand OF white man, with the
arm shown; this is surrounded by a circle,
and this circle is inclosed in larger circle,
leaving space between, in which space is to
be printed the nrme of the corporation.
This whsle to be iuclosed in q square-each
side of which is to form a tangent with the
outer. or larger circle, and in each corner Of
the square is to be placed one Of the following
four letters, " B. S. W. l."
CoLoRED ODD FKLLows.-The officers of
Sacramento Lodge, No. 2, 1S9, G. U. o. of o.
F., were installed last evening, as follows, by
Rev. P. n. F., William D. Carmack, of
Golden Gate Lodge, No. 2,O07. San Francis.
CO: P. N. f. D. A. johnson n. F., B. A.
johnson; P. n. c.. r. J. Fletcher; n. G.
II. III. Williams V. G., W. w. B. Price
Il. s., H. c.. Saunders; R. S. to n. F., d.
A. johnson L. S. to n. F., E. g. Brown
r., S. ton. e., f. Butler; L S. to n. g., r.
A. Jack R S. to V. c.. William Vincent
J.. S. to V. G., A. Giles; Warden. J. f.
Williams; L. c., C. II. johnson Conductor,
Rufus Gates.
LITERARY SooIETY.-The literary and de-
batting society of the Sacramento Institute held
their weekly meeting at the Christian College
Wednesday evening. After the usual order
of business there were readings as follows:
''The Rainy Day." read by J. l.. Ryan;