The record-union., 1892-01-27
DOOMED DEPUTIES.
The Supreme Court Renders a Decision
Which Creates Havoc.
Extra Help for the County Omcers
Tabooed-UnconstitutionaI County
Government Section.

A decision was rendered by the Su-
preme Court last week which has caused
considerable wailing among the extra
deputies employed in the several county
Offices at the Courthouse.
These deputies were employed by au-
t1orlty OF the Board of Supervisors on
&iildavits submitted by the county Off
GERS that the number of clerks allowed
by law was too small to conduct the bus
mess Of the said offices. Those directly
affected are Richard Cohn, Recorders
Office; James F. Doody and Robert Rob-
lnson, County Clerks Office, and Fred A.
Shepherd and Harry Alter, Sheriff
Office.
AN UNCONSTITUTIONAL LAW.
The fatal decision declares that Section
ZIG Of the Statutes Of 1891, amending the
County Government Act so as to authorize
the various Boards of Supervisors to per-
init County Clerks and other county
officers to employ additional deputies, is
unconstitutional and void. The counties
affected by the decision are Alameda,
Sacramento, san Joaquin, Tulare, Hum
Doldt, Santa Cruz, Butte, Nevada, Napa
san Luis Ohispo, Santa Barbara, Placer
Colusa, Orange, Marin, Siskiyou. Shasta
Amador, Ventura, Stanislaus, Tehama
Kern, Yuba, FL Dorado, Calaveras. Mer-
ced, san BenIto, Del NOrte and Mono.
The case on which this particular de-
clslOn was rendered was commenced in
Marin County-Wilbur +. Dougherty VS..
John J.. Austin, Treasurer of that county.
Dougherty was a deputy under County
Clerk Thomas Bonneau, and Austin re-
fused to pay him the salary authorized
by the Supervisors Of Marin County, on
Tie ground that virtually he would be
tn nov lf-v,s
compensation ia violation Of the State
Constitution.
AN OFFICIALS ALTERNATIVE.
The Supreme Court decided that Austin
was correct in his claim. that Bonneau
was elected to serve in q certain capacity.
and II he could not fulfill the conditions
made he had the privilege of resigning.
The statute amending the County Gov
eminent Act, the court declares. is I'M
constitutional, in that it provides for
special and not general legislation, and
dIscrImInates In favor OF certain counties
and against others.
The opinion is written by Justice Ga
ROUTE, and concurred in by Justices De
Haven, Sharpstein and Harrison Chief
Justice Beatty writes a separate concur
ring opinion. justices Paterson and Nc
Fariand dissent.
THE LOCAL SITUATION.
The situation of the local extra depu
ties is quite similar to that occupied by
Dougherty, and that is why they feel
shaky. Although they have not vet been
refused their salaries their cases are be-
lore the Supreme Court 1t will be re-
membered that reformer T.. A. Burr.
brought an injunction suit to prevent the
extra deputies here from drawing their
salaries, but the case was decided against
him IN the Superior Court He then took
the case to the Supreme Court. where il
now awaits decision.
ElWood Bruner, Of counsel for the
deputies, stated to reporter yesterday
That he expected the Supreme Court
would dispose Of the Sacramento case
summarlly-slmply referring the lili-
giants for authority to the Marin case.
The latter case on its face knocked out''
Inc local deputies, and the only hope they
lad was for re-hearing in the Supr eme
Court, so far as he could see. ''We can
Go nothing with our case he said. until
il is decided. If the Marin deputy does
not demand . rehearing we will have to.
J cont see any other way out of il at
present. | feel confident, however, that
II rehearing can be secured, we can
place points before the Supreme Court
that viii reverse its present Judgment"
AUDITOR JOHNSON UNDECIDED.
Auditor Johnson, when seen by the
RECoRD-CNICN representative said he
had not yet made up his mind what to do
in the matter. II have not as vet re-
fused to draw warrants for any of the
deputies affected by this decision" he
said, las l have not yet seen the decis-
ION you refer to, and do not know
whether or not it will affect the local ex
ira deputies 1 cannot help believing.
however, that it does affect them, Judging
from what l have heard of the decision.
/ have written for a copy of the decision
and will abide by that 1 win do my
simple and plain duty in the case, what
ever it may be-"
The deputies discussed the matter quite
freely and expressed themselves as quite
confident that they would come out all
right in the end.
I'VE have not consulted our attorneys
yet" said one, ''but l think that in case
Auditor johnson refuses to draw our
warrants we viii mandamus him right
away and get the case in court again so as
10 get all the points before the tribunals