The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-05-31
AGAINST THE DEPUTIES.
County Officials Must Now Take Off
Their Coats,
And Get in and Do Their Own Work,
at Least Until the Legis-
lature Meets.

The Supreme Court yesterday handed
down a decision of little less than vital
importance to the officials of all the
counties of the State, affecting as 1t does
their right to employ the deputies needed
for the proper performance of the work
of their various departments.
Stated in brief, the effect Of the decision
in question takes from the Supervisors of
| the counties of the State the power to au-
thorize the employment of any deputies
in the various county offices, except such
as can be paid out of the lump sum al
lowed the head of each department. for
his own salary and the expenses of his Of
flee. a
The decision is given in two cases,
practically the same point being involved
in each. One is the case of Dougherty VS..
Austin, and the other that of Burr VS..
Johnson. The latter is a Sacramento ac-
ton, while the former relates to the right
OF the Supervisors of Marin County to
pay a salary of $50 a month to one of the
deputies OF the County Clerk, aside from
| the amount allowed the latter official for
the conduct of his Office.
The present is the second decision in
| the Marin County case, the matter having
| been reargued since the first was given.
as 1t was deemed proper to give the rep
resentatlves OF as many counties as pos
! Slbie among those to be affected by the
! decision chance to make such repre-
| sensations as they might choose before
! the question should be finally decided.
| In the former instance the decision was
written by Justice Garoutte, but in the
present instance this is done by Justice
! De Haven, Garoutte, Harrison, Sharp
1 str
Justices Mcfarland and Paterson dis
sent.
Under the County Government Act of
/ 1888 county officials We're allowed. as
! stated, lump sum for the conduct of
! their departments, out of which they paid
! their own and the salaries OF such Clepu-
! ties as they found it necessary to emDlov.
In course of time, however, this led to
much hardship in growing counties.
| where there was so much work TO be
! done that more help than could thus be
| paid for was found TO be absolutely
necessary. In 1887, therefore, an amend
ment to the County Government Act was
passed by the Legislature, comforting
! upon the Supervisors of counties of a
certain class the right to change that pro-
VISION OF the law requiring county Off
GERS to pay their own deputies and allow
| ing the Supervisors themselves to pro-
| Vide Tor paying Whatever salaries might
| be necessary. Under this amendment
I many additional deputies have been en-
| ployed all over the State.
II Is ROW held by the majority of the
t5Suprene Court that the Legislature had
! no right to delegate functions exclusively
/ legislative to Boards of Supervisors.
/ from which it follows that all the extra
! appointments referred to as having been
! made under the amendment mentioned
/ are void, and no more can be made until
| the existing weaknesses in the law have
/ been legally remedied.
The result is that many county officials
will find themselves under the necessity
OF doing the greater part Of their own
] work for time unless they want to paw
4 their extra deputies out of their own
pockets. Without doubt, however. the
matter will be remedied at the next sas-
/ sion Of the Legislature.