Los Angeles herald., 1891-09-23
No Extra Pay for Deputy
County Assessors.
The Walker Case Comes Up on
a Notice of Contest.
A Case of FOrcible Detainer on Trial
at AZuSa.
"A Frivolous Case Comes Up About
Grapes-Notes of Cases Acted on
Yesterday.-New Suits
Filed.


sessor's Office for extra pay. The judg-
ment was in favor OF the county, and its
text is as follows:
This is an action for services alleged
to have been rendered in discharge OF
the duties of the Office of the county
assessor. All the parties concerned
were at the time the services were per-
formed regularly employed deputies and
assistants in the assessors Office, and
were regularly engaged in their duties
during legal Office hours, and for such
work they have been paid. The SER
vices for which this action is brought
were performed after or before legal
Office hours.
am of the opinion that so far as the
county is concerned deputy has fully
discharged his obligation when he has
faithfully worked at his official duty for
eight hours each day, and that this
work having been performed at other
times, the case stands as if the work
had been done by persons who were not
employed during the regular hours.
The law provides as follows
''The board of supervisors shall allow
the several officers such deputy or dep
uties' assistant or assistants as may be
necessary to properly transact the pusi
ness of their respective offices in con-
nection with the principal" (Section
167, subdivision IL, county government
act, as amended in 1897
1.-The salaries and fees provided in
this act shall be in full compensation
for all services of every kind and de-
scription rendered by the officers
therein named, either as officers, or ex
officio officers, their deputies and as
sistants, unless in this act otherwise
provided and all deputies employed
shall be paid by their principals out of
the salaries hereinfore provided, unless
in this act otherwise provided" (Sec-
ton I'll, county government act.)
The same provisions were re-inacted
in 1891. (Acts 1891, page 416, section
ZIG, and page 33S, subdivision IL of sec
ton 164.)
The agreed statement of facts show
that the hiring OF these persons by the
assessor to work during extra hours was
not authorized by the board of supervis-
ors. The chairman of the board re-
quested that they be employed. The
act of chairman, however, cannot be
unless he was authorized to do so, and
this does not appear and cannot be pre-
1t follows, therefore, that the county
is not liable for the services so per-
formed.
The parties must look to some other
source for their compensation.
Judgment will be entered for the de-
fendant.
A PENDING CONTEST.
Notice was filed in department two OF
the superior court yesterday of contest
which will be Of an interesting nature.
Several months ago John d. Walker
died at the Stockton insane asylum,
leaving an estate valued at about $780,
900. His brother, w. H, Walker, APP
piled for letters of administration upon
the estate, and the case is now pending
before Judge Clark. Yesterday lady
claiming to be Mrs. Eleanor d. Walker,
gave notice of contest upon the ground
Of:being the widow of the deceased. Yes
terday was set for hearing in the case,
but owing to the notice of contest, it
went over until Friday. The brother,
it is understood, claims that the con-
testant was not legally the wife of the
deceased and has no legal right to ac-
quire any portion of the estate. Upon
the other hand Mrs. Walker claims that
the deceased was victim Of a plot, and
that he was not insane at the time of his
committal to the asylum. She applies
to have the State Loan and Trust COM
pany appointed administrator of the es-
tate. The contest will have sensational
features. A. M. & w. d. Stevens APP
pear for the contestant and Geo. M.
Holton for the brother OF the deceased.
sIER YUEN's TRIAL.
The murder case wherein Sier Yuen
is accused of the murder of Wong Fon
Dick at La Canada, in April last, was
resumed before Judge Smith yesterday,
and at the time of the afternoon ad-
journment the prosecution had just con-
cluded its introduction OF testimony.
Sheriff Gibson was on the stand all
the forenoon and portion OF the after
noon. His testimony was not produc-
tive OF any new points in the case. He
visited the scene of the murder at 8
O'Clock the following morning. The de-
fendant was there, and betrayed no un-
easiness. The murdered man was found
living on couch in little room, and a
trunk which had been ritied of its con-
tents was lying over the foot of the bed.
"A pair OI bUdlIleu ONCTdllS WoEc AUuuu Ou
the floor. The witness was subjected
to rigid cross-examination with refer
ence to the blood stains found by him
and the coroner.
Among other witnesses examined dur
ing the afternoon were Charles Near
thur, Chan Kin Sing and Tom King.
There were no special developments,
and the case will be resumed today.
AN AzUsA CASE.
T. J. Carran, Esq, was at AZusa all
day yesterday, engaged in the trial of
a civil suit before Justice Boudin, which
embraced some interesting features. 1t
was a case of forcible detainer in which
j. X. Thomas was plaintiff and ]. E.
McGowan defendant, Mr.. Carran ap-
pearing for the latter. The case excited
great Interest in Azusa, and involved
the title to piece of land at Azusa. 1t
appears that three deeds and a lease
had been given on the same piece OF
land and to different parties, the grantor
believing that deeds were not deeds
but in the nature of mortgages. After
hearing number of witnesses, the JUS
tice decided that his court was not one
in which to settle the title to land,
and upon the motion. of Mr.. Carran, dis
missed the case.
FRIVOLOUS CASE.
An old man named Nicholas Seidlin'
ger was brought in from Monte Vista