Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-18
LOCAL INTELLIGENCE.


peared before the Board Of Supervisors yes
terday and stated that he had read in the
RECORD UNION the opinion of District At.
torney Carey, relative to the legality of the
meeting eff the old Board held at the begin
ming Of the present month. AS it was d.
rectly opposite to the opinion given by him
to the late Board, embracing the same ques-
ton, he wished to state the reasons on which
his opinion was founded. Section S79, Ar
ticle ~. Of the Political Code says Every
officer must continue to discharge the duties
OF his Office, although his term has
expired, until his successor has qualified"
Even if their terms expired :" at midnight of
the 3lst day Of December, 1882, he believed
they would yet hold over under thu above
quoted section, and were Supervisors de faet0
until the new Board qualified that had they
not qualified for a month"; the old Board would
have still continued to hold; that the late
county officers were all officers de .facto under
decision of the Supreme Court, and were not
elected by the people for the term as held by
them. The present Board could not have as
sumed the duties of the office until January
9Th. According TO Section 400 Of the Politi-
cal Code, rs amended and approved March z,
1881, the portion of which relates to the
Board Of Supervisors i5 as follows THAT
all Supervisors and Justices of the Peace
The hrst day or January next succeeding
their election, and shall hold Office for two
years. TIE years during which Supervisor
and Justice OF the Peace is to hold office are
to be computed respectively from and inclui-
ing the first Monday of January of any one
year to and excluding the first Monday of
January Eext succeeding" It was on the
latter part Of this clause that District Attor-
ney Carey based his opinion. Mr. Buckley
: aft "a aOG of
the Supreme Court there can he no such thing
as an interregnum il the Office, and conse-
quently the old Board must hold over. The
opinion given to the late Board by Mr.
Buckley was on the amount of salary to
which the members were entitled, and it was
to The effect that they should receive payment
for one-hRlf q term. Ii is understood that an
attempt will be made to compel the old mem
bers to pay back the salary drawn for this
month. However, it will probably not reach
the Courts for the question Of legality will
be decided on the Franklin township Justice
of the Peace appointment, which is to be
taken to the Courts.
EXPECTS CLAns.-John Bellmer's claim
for 800 for services rendered in exporting the
books Of county officers, as directed by the
Grand Jury, was allowed by the Board of
Supervisors yesterday forenoon, Steinman
Bailey and Smith voting no. The Clerk of
ths Board was also instructed to notify the
Grand Jury that hereafter compensation for
but one expert would be allowed. A discus
sion afterwards arose as to the legality of the
claim, and on motion the vote allowing it
YVES reconsidered, and on call Of the roll on
the motion to allow the claim it was rejected
By vote of to 2. District Attorney Carey
was asked for his opinion in the matter
which was filed in writing. He said tina. by
he of af tha Dols
Code the Grand Jury was authorized to en-
ploy but one expert for the purpose of exam
lining the county books, and that they had
exceeded their authority when they employed
90 but, he adds, thst he believes that if
~ opinion of the Board the aggregate
SUN OF both claims would be but just COM
pensation for one expert for twice the time
consumed by the two experts in doing this
work, then the spirit of the law in the case
would admit of the payment of both claims,
for it would have cost the county the same
had but one expert done the entire work
and it may be that the public service may
have been subservad in having it done as
quickly as possible"
BOARD OF SUPERVISORS. Board CT
Supervisors met yesterday morning pursuant
TO adjournment, full Board present. The
Building Committee reported adversely on
L.
ment as engineer of the Hall of Reccrds and
the report was adopted. The Chairman was
ordered to notify Coyle Bros that the wood
they were delivering at the County Hospital
was not according to contract. The CLERK
was authorized to advertise for thirty cords
of wood The matter of ventilating the
County Hospital was indefinitely postponed
Tbs Auditor was authorized to transfer So 600
from the general fund to certain other funds
The CLERK was instructed to notify the Com
missioners of Horticulture that their services
were no longer required, as the Supreme
Court had declared such Board uuconstitu-
tional. Coyle Bros. appeared before the
Board in regard to the wood being delivered
at the County Hospital, and were notified that
the Board would pay Sc 68 per cord fer that
already delivered. The Board then adjourned
until 10 o'clock this morning.
FREIGHT TO ARRIvE.-Freight for Sacra-
msnto passed Ogden on the 18th instant as
follows: For Neubourg & Lages, 4 bales
cork; John 7. Stoll, case saddlery hard.
ware A. A. Van VOORHEES, & Co., cases
thread; l. K. Hammer, piano Hale Bros.
l. Co., case shoes; I. w. Schwamh, case
pictures, II bundles picture backing 2. E.
Mine, boxes, bundles and pieces ma
chinery, l roll rubber; Mebius & Co.. 55
cases canned corned beef; JOS Hahn & Co.,
S. H. Davis, 2 bundles veneering; J. r.
Watson, 100 car wheels; Holman. Stanton &
Co, carload plows Huntington, Hopkins
4 Co., 200 kegs nails; G.. w. Chesley cases
cigars Baker & Hamilton, 250 kegs nails,
bundles tree pruning knives Hall, Luhrs Il
Co, % barrels hams; George d. Almond, s
boxes common bottles.
INcoRPoRATED.-Article of incorporation
of the Magnetic Steel Company have been
filed. Ths purpose of the corporation is to
manufacture stesl from magnetic iron ores or
black sand by the Russell process The cap
ital stock is $4,000, divided into 1000
shares, subscribed for as follows: Z. E. Rus
sell, 1,600 shares d. w. BauldiD, 10000
shares; Il, +. Barber, q. 800 shares; Andrew
Fine, 100 shares N. Q Dow, 100 shares.
These stockholders are the Directors Of the
company. The principal place of business is
Shell Mound, Alameda county.
Police CoURT.-Business was transacted
in the Police Court yesterday as follows:
Bayard V. Raye. attempted extortion, con-
tinue1 TO January 18th. Rosa Godel, dis
turbing the peace, continued to January 18th,
Wiliism Mayer, misdsmeanor, dismissed at
request Of prosecuting witness. Bill Brown,
Judgment for petit larceny ten DAYS in the
County Jail. Thomas Wen, All Hing and
All Fook. Judgment for visiting an opium
den /; five days in city prison.
MADISON SQUARE CoMPAEY.-The Medi-
son Square company, from New York city,
will oper at the Metropolitan Theater this
evening the play entitled Esmerslda'
The play vas produced over $50 consecutive
nights in New York city By this company.
The same plsy will BE- produced to-morrow
and Saturday evenings and Saturday matt
nee. the box efice at the theater is open,
where reserved SEATS can be secured for any
of the performances.
TODAY We advertise few specialties. We
place thsse goods before you and let them tell
their own story. The extraordinary value of
these goods speaks loudsr than any argument
can. We rsfer to ou= ms gai6cen5 line of A.
inch dress goods st 49c per yaId, at Hale's
stupendous sale.
EUREKA BAL MAsoUE tonight.
GENUINE Lonsdale and White Rock mus
lin, yard wide, 10 cents yard Fruit Of the
Loom. 10 cents; brown muslins, heavy, from