The record-union., 1891-01-15
LAST YEARS CENSUS.
The Attorney-GeneraI Gives His opia-
ion as to Its Effects. 80.
He Says 1t VIII Not Increase or Di-
mfnish the classification of
s. ANY of the Counties.

Attorney-General Hart rendered an
opinion yesterday which will be ofinterest
70 the general public, and particularly to
the county officers recently elected, who
considered that their salaries might be
effected by the change in population, ac-
cording to the recent federal census. The
opinion is addressed to w. FL. Jewett,
Auditor of Ventura County, who asked
nsubstance the following question:
"What want is your opinion on the
classification of this county. Our popu-
lation in 1889, according to the United
States official census, was SOB inhabit-
ants"
The Attorney General quotes Section 10
of the County Government Act" ap-
proved March IL, 1883, which says that
the Secretary OF State shall, within nine
ty days after the passage of this Act, GER
tify to the County Clerk Of each of the
counties in the State the population OF
such county, as determined by the United
States census taken in the year 1880, and
thereafter, whenever new census is
taken, shall, as soon as the same shall be
officially ascertained by him, certify to
each of such clerks the population o.
such county, as determined by such new
y
thereafter the several counties are, by the
operation of law, classified hereunder.
but such classification shall not operate
TO change the government of the county
then in existence until the first Monday
after the 1st day OF January next succeed
ing, except that the Board of Supervisors
shall provide for the election Of officers
and such other matters as shall be neces-
sary TO put the county government in
operation on the said first Monday after
the lst day of January, in accordance
with the new classification.
He states that under that Act, Section
162 provides that the several counties OF
+, the State are classified according to their
population, as ascertained by the Federal
census taken in 1880, for the purpose o!
regulating the compensation of all officers
hereinbefore provided for. The Act of
the Legislature approved March is, 1899,
amends Section l62 of that Act so as to
read as follows:
FOR the purpose of regulating the COM
pensation OF all officers hereinbefore pro-
Vided for, the several counties of this
State are hereby classified, and shall
hereafter remain classified, according to
their population as ascertained by the
Federal census taken in the year eighteen
hundred and eighty"
In conclusion, Mr.. Hart says:
Section 1907 of the Political Code,
which provided that Whenever new
census is taken, the counties, on the first
day of July next thereafter, are, by opera
ton of law, classified under such census, ,
also became imperative and suspended
by reason of the amendment to Section
l62 of County Government Act. approved
March 16, 1889. 1t is therefore absolutely
certain that the census of 1890 will not
have the effect of increasing or diminish
ing the classification of any of the coun-
ties of this State under the County Gov
ernment Act as it now stands, and that
the census of 1890 will take no part in or
become operative to increase or diminish
the fees of officers for the various coun-
ties of this State. Therefore my con-
cluSienS are:
'.Tirst-That under the provisions OF
Section l62, as amended and approved
March 10, 1889, the classification of the
several counties Of this State must re-
main the same, without reference to the
increase or decrease of their population.
Second-That as your county, accord
ing to the census of 1880, had population
OF 6,013 and less than 5,640, it would by the
Act of March 6, 1889, belong to the thirty
ninth and one-half class, and according
to section 20l4 the salaries Of officers tax
ing office January ). 1891, were fixed by
the Act of March 16, 1889, Statutes of 1885,
page 297.
''Third-This opinion is not intended to
apply to counties organized and created
since the census of 1880, for such counties
would have no census of 1880 upon which
to base class, as provided by Section 16z
OF the Act aforesaid, as amended"