The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-08-02
GLENN COUNTY
MUST STAND.
Acknowledgement Hart Decides
Against COlusa.
Proceedings to Test the constitutionality of
the Act Creating the New State Divis-
ion Can Be Instituted.

Acknowledgement Hart decided yesterday
that he would not grant the application of
Laban Scarce to institute proceedings
in the COlusa court, in the name of the
people, to test the constitutionality of the
act providing for the creation of the county
of Glenn and the legality of the election by
which its creation was accomplished.
Scarce, who asked for permission to file
the complaint, resides in Glenn County, and
contends, with many others, that the act
creating the new division of the State is I'M
constitutional because it makes no provision
for the election Of Supervisors in Colusa
County to fill the places OF those who lost
their offices when the districts which they
represented became Glenn County.
The Attorney General responds that the
County Government Act provides that any
county which loses portion of its territory
has the right to elect officers in the places OF
those that become vacant by the secession.
and that as matter of fact Colusa has done
SO, and now has a full Board of Supervisors.
REGARDING THE CHARGE OF FRAUD.
Concerning the charge of fraud at the
election the AttoTneyGeneral says; The
majority in favor of the new county, as de-
clared by the Commissioners, was 273. 1t is
not probable that in contest over the
legality of the votes cast at the election, on
either side it could be established that
a majority of the votes was against the
formation Of the new county"
Continuing in his opinion he says: "But
] am firmly OF the opinion that the law
creating Glenn County took effect abso-
lutely when the Commissioners declared the
result of the election, and that q majorty of
the votes cast on the question of separate
county government was For New County
1t is expressly provided in the act that
when that occurred, then the said ter
ritOry herein above described shall be and
become separate county from and after
the day upon which the returns Of the said
election shall be ascertained and declared
by the said Board of Commissioners
in People VS.. McFadden, 81 Cal. 1876, the
law for the organization of Orange County
was upheld as constitutional on the ground
that it was competent for the Legislature to
enact law, and to make its taking effect
dependent upon the happening OF an event.
The event upon which the law to organize
Glenn County was to take effect was the de-
claring and finding by the Com mlSSloners
that a majority had voted for the new
county. That event happened and the law
then, according to its own terms, went into
force absolutely. Such being the case, nc
subsequent decision Of court, that in the
majority vote there were enough illegal
votes to have changed the result, could
annul the act OF stay its operative force.
DEMANDED BY PUBLIC WELFARE.
1.-The public welfare requires this should
have been thus enacted in the law. To
have left the taking effect of the act in any
uncertain state, such as depending upon
the event Of suit to be thereafter insti-
iuted to question the legality of the votes,
would have been most disastrous to the citi-
Zens Of Glenn County. The act required
that II majority of the votes was in favor
of a separate county government, the Presi-
dent of the board should Immediately make
ont and deliver to each officer elected a GER
tificae of election, that the officers should
qualify and enter upon the discharge OF
their duties within twenty days after re-
ceiying the certificate Of election.
Immediately thereafter rights would
commence to be acquired under the admin
istratiOn Of the laws by the officers of Glenn
County, courts would be held, titles TO prop
erly acquired under judicial sale, and inter.
ests would become vested in innumerablc
ways, all Of which would be destroyed If, in
suit over the election, the organization Of
the county could be annulled. If suit coulC
maintained for that purpose. the unsuccess
full party in the Superior Court would be en-