The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-10
A INDUSTRIOUS LAW.
Shall Salaries Be Paid in Con-
tested Casesl

The following legislative contortion was
successfully executed by the late Legisia-
ture, and, il accounts are Trustworthy, is
fair sample of much that was done during
the eighty days session. 1t is an amend
ment to Section 936 of the Political Code
Read it:
When The title of the incumbent OF any office
IN this Stale is contested by proceedings insti-
tuted III any court for that purpose no warrant
can thereafter be drawn or paid for any part of
his salary until such proceedings have been
finally determined; provided however that this
section shall not be construed 10 apply TO con
test or proceeding now pending or hereafter HI
stituted who holds the certificate OF election or
commission of Office ana discharges the duties
OF The office; but such party shall receive The
salary OF such Office tie same as II no such CON
test or proceeding was pending.
This amendment was Iobbied through the
Legislature in the Individual interests of
Judge Crawford of Sonoma County, whose
office is being contested and who had to have
something to live on meanwhile. But while
intended for one particular case, it fits
many cases in general, and one of them is
the justices Court clerkship in this city.
A CASE IN POINT.
Just before the retirement of the "Solid
Nine" they appointed ID. j. Gordon clerk
of the Justices Court TO succeed Marion
Wilson, who resigned. In making the APP
printment. however, the term OF two years
was expressed, instead of for Wilson's IN
expired term, hence IL was regarded by the
new Supervisors as vulnerable office, and
one OF their first acts was to appoint Morris
Ascher to the vacancy caused by GordUn's
removal.
Gordon showed fight and the matter was
taken into court. or course, under the old
law his salary was stopped, but as soon as
the new law was passed he notified the
Auditor and made a.demand for his salary.
Auditor Smiley thinks the law mon
strous thing, and does not believe it is con-
stitutional. Instead Of protecting anybody'5
vested rights, it only opens the door to lin
itless fraud and corruption. II it can be en-
forced it will be practically impossible in
future to remove any otfice-holdeT once he
gets his clutch on the Office. The Mayor,
Superior Judges, County Clerk indeed.
any and every ffice-holder-may refuse,
upon the expiration of his term, to sur
render his Office on the ground that bis
successor has not been legally elected. A
contest will naturally result, but what Will
it amount to Possession in that case will
be ten points of law The incumbent will
only have to exercise little ingenuity in
keeping the contest in court
ENDLESS LITIGATION.
decision in the lower court, II against
him, can then be appealed to the Supreme
Court, where it would be safe for two years
or more, and meanwhile he will be drawing
his salary Just the same. Indeed, such
contest by little adrOit maneuvering can
be kept in court indefinitely under the pres
ent system of litigation, and the rights OF
the citizen elected to the Office absolutely de-
feated.
Then there is another phase of the case
equally pernicious. Suppose the person who
is forced to a cOntest'to secure his rights is
finally adjudged entitled 10 the Office. In
der tie law he can claim his>salary from the
date his term of office began, Notwithstanding
that salary has already been paid 10 the
ouSted man.
The dilemma is therefore absolutely una
voidable that in all contested cases the mu-
nicpality OF the State is in constant danger
of having to pay the salary OF the contested
Office twice.
Auditor Smiley is resolved not to heed the
new law if it can be lodged. He has con-
suited the City aud County Attorney in re-
lation to it, and has about made up his mind
not to audit any demands under the law any
how, so as to bring the matter into court and
test its constitutionality. He thinks that if
such pernicious law can be rooted out, the
sooner the better.