Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-04-14
tgGAL INTELLIGENCE.
A BoMB-sHELL.

For some time past there have been rumors
aaoat that suit would be brought against
the county officers by the old eff GERS TO re-
gain possession of the Offices, but tt matter
had usually been considered huge joke, and
when q summons was served on County
Treasurer Greenlaw yesterday 'to require
you to set forth the tenure by which you hold
the Office eff County Treasurer of Sacramento
county, and that you be declared not to be
the Treasurer Of Sacramento coanty, and
ID. Z. Callahan be declared to be the Treas
urer of Sacramento county," it fell like q
thunderboiG among the county officials, snd
the matter was the subject of conversation
around the Courthouse the remainder of the
day. Leave has been obtained Of the Attor-
ney-Geueral TO use the people as plaintiff In
the action. The attorneys for the plaintiff
are ex-Attorney- General Hart and Ell. NJ.
Martin The position which they take may
be briefly stated as follows:
TIE Legislature passed an Act, approve
= March 30. 1874, entitled, An Act in relation
to the government of the county of Sacra-
mento." Section l Of this Act provides
that Z" at the general election IN Septem-
Der, A. D. 1875, there shall be elected by
the qualified electors of Sacramento
county one Sheriff, who shall be ex officio
Tax Collector; one Auditor, who shall be
ex officio Recorder. and such other county
officers rs ars now provided by law"
The law under which the last election for
county officers was held Is what ia generally
known as the Harrison Act, approved
March 7, 1881, and entitled "An Act TO
amend Section 4l09 of an Act to establish
Political Code, approved March u. 1872,
relating TO the election and terms of Office of
county, city and county and township officers,
and TO repeal Sections 1924, 1927 and ALI of
said Political Code"
This was intended as a general law, to be
apple Ibls to all the counties of the State.
Section 8 of the Act reads "AlI Acts and
parts Of Acts in conflict with this Act are
hereby repealed
The question to be determined in this case
Is whether the special Act of March 80, 1874,
is rep sslsd by the amendment approved
Marcn Z, 1881 Counsel hold that it is not
and in support of that opinion they refer TO a
O. ion of the Supreme Court in the case of
Sf8d. Wood vs.. Board Of Election Commits
sioners, 5S Cal, page sol. This was an ap-
plication FOR a mandamus to compel the
Board of d ection Commissioners of San
Francisco TO order an election to be held 10
the city and county of San Francisco for the
election Of municipal officers. In this case it
was held that the Act of April 2, 1866, with
a subsequent amendment, fixing the time for
holding municipal elections in San Francisco,
is not repealed by the amendment of March
I. 1881, 80 the Political Code, and that the
Constitution Of 1879 does not repeal the said
special Act.
In regard to the HARRISON Act approved
March Z, 1881. the opinion says 2" If it was
the intention of the Legislature to amend or
repeal the provisions of any other statute
than that specified, it ia difficult to conceive
of title more repugnant than this Is to that
provision Of the Constitution which requires
that the subject of every Act shall be ex-
pressed in its title"
Counsel hold the opinion that the special
Act of April 2, 1866. bears exactly the same
relation to San francisco as does the Act ap-
proved March So 1874, TO Sacramento county.
From the plaintiff 5 side everything sp-
pears to be plain sailing, As the suit was
sprung late in the afternoon yesterday, and
rather unexpectedly, counsel for the defend
ant has had no time to look into the matter.
Shortly after the summons was served Dis
trict Attorney Carey was found surrounded
by law books He expressed the opinion that
there was nothing in it." He said be was
positive that decision Of the Supreme Court,
rendered last fall, entirely covered the
ground, but having forgotten the title he had
not found it.
This is only intended as test case, but
should it be decided that the special Act re-
lating to this county was not repealed by the
Harrison Act, then there was no legal cleo.
ton for county officers st the last genera
election. and under the law which provides
that eff GERS shall hold until successors are
elected AID qualified, the old officers will re-
gain their Offices. The case will be pushed
IS rapidly as possible, so that it may react
Nha fto1rE 90 aarlu as fhe Nj Az
sion in this city.
MILITARY SooIALs.-The Board ef Officer
of the First Artillery Regiment held a meet
ing last evening and decided to give prone
made concert and social dance ct the conclu
sion of the battalion drill which will be hell
at ArmoFy Hall next Monday evening. l
is the intention 10 continue these socisls, Il
connection with the regular monthly dfllls
during the summer months. An admission
fee Of p cents will be charged gentlemen, +
assist in defrsying the expenses, while ladie
will be admitted free.
FURS1rgRE AucTIoE.-Sherburn & Smitl
will hold their regular auction sale at thei
salesroom. No. S2S K street. at 1890 a. N. to
day, comprising parlor sets, single and be,
lounges, cottage set and spring beds, bed
steads and mattresses, bureaus, chairs, tables
sofas, wsrdrobes, ranges, carpets, crockery
glassware, etc; also q lot Of carpenters tools
canned fruit, buggy and harness.
STATE BOARD OF SIMULTANEOUSLY
State Beard of Equalization are now il
Fresno county from there they will g
south and will be in Los Angeles on the 20sl
and Dist instants. They will return to Saera
mento about May LIST, aud then go north
ward 1t will be nearly June LIST before the,
will have completed the tour of the State.
'SUGARINa OFF."-Regular old-fashione
sugsring of" with snow from the Sierra
and sugar fresh from the maple groves of tn
East. Basement of the Congregations
Church. Friday evening, April 10th, at rs
o'clock. Admission, % cents.
THE WONDER OF THE AGE.-The Fran
Siddalls soap. No boiling or scalding wit
this soap, and very little rubbing. A wonder
fnl sosp. Don't cry "humbug until 20
have tried It. Get bar of it at II. h
Paulk's Cash Grocery, Sl4 K street.
The very latest styles in hats. We ope
to-day 30 cases, direct from our Easter
factory. in stiff and soft felts. beaver an
fancy braids-everything for men and boys
best New York fashions. Red House.
A LUNCH will be served at Turner Hal
TO-DAY. from II 20 2 o'clock, by the ladies 0
st. Paul's Church. Twenty-Five cents.
Cry LICENSES and water rates now due
Pay on or before the 10Th inst. and save COSTS.