Los Angeles herald., 1892-06-08
IN A BAD H0LE,I
County Officials Must Pay
Their Deputies.
Supervisors Have No Right to Ap
point Assistants.
The Eject OF Recent Supreme Cour
Decision-Talk Of an Extra
Session OF the Leg
islature.

The recent decision OF the supreme
court against rehearing of the decision
which deprives boards of supervisors of
the hitherto freely exercised privilege to
appoint extra deputies for the perform
ance of work in the various departments
with salaries provided by the super
visors out of the county treasures, has
caused considerable CONSERVATION in
the counties affected. The decision GER
lainly leaves county officials in bad
predicament. It makes each one per-
sonally responsible for the payment OF
such deputies as he may feel called up
on to employ, and the result is that the
county work is largely at standstill.
Prominent residents of the different
counties throughout the state are con-
siderably exercised about it, and some
of them regard the situation in q very
serious light. Louis B. McWhirter of
Fresno explains the situation as follows:
He said that he had been informed by
the county officials of Fresno county
that practical cessation of official bus
iness had been caused by this decision
of the court. In one Office where eight
deputies have been kept busy for long
time past their chief has been compelled
to discharge them. The business Of his
Office can now only be attended to by
himself, and his capacity for work will
be the limit of what can be done. 1t
will be impossible tn serve writs in
many cases, and unless relief comes in
some form or other the Offices might as
we'll be closed at once.
Mr.. McWhirter explained the situa-
tion somewhat as follows: The county
government act of 1883 provided that
county officials might employ deputies
subject to the condition that they should
be paid out of the sum allowed the Off
cial for his own salary and the expenses
OF his Office. In 1887, however, this
law was 30 amended that the supervisors
were authorized, in certain counties, to
grant officials such assistance as they
required. The supreme court holds that
this amendment ID unconstitutional !;
that the legislature has no power to be-
stow Legislative functions upon boards of
supervisors. Thus it is that all such as
eistants as were employed in accordance
with the provisions of the amendment
to the county government act must now
be discharged or paid out of the pockets
of those who appointed them.
The effect of the decision is more seri-
ous In those counties which have been
making the most rapid progress during
the past few years, as they have needed
more officials to keep pace with the du-
ties created by their advancement.
There is considerable cause for alarm
over the decision, as new registration
of the entire state is to be made this
year. In Fresno county alone it is
estimated that the cost of the registra-
ton will be from $4,000 to $4,000, while
in Alameda county it will probably cost
$12 900. In Tulare county the clerk has
openly declared that he cannot under
take to make the registry under the
circumstances, and the situation in
Contra Costa county is quite as serious.
This is matter affecting the whole state
and q speedy remedy is necessary.
The only remedy that has been sug-
gested by county officials and others in
counties affected is an extra session of
the legislature for the purpose of amend
ing the county government act 80 as to
cover this emergency. It is understood
that steps are now being taken in several
counties to formulate an appeal to the
governor to call an extra session. When
he was informally approached upon the
subject he merely remarked that the
calling of an extra session of the legis-
lature was something he would not do
except as very last resort, though he
realized the gravity Of the situation.