Los Angeles herald., 1892-09-01
LEG|SLATED OUT OF OFFICE,
How Justice Stanton Did Up
Justice King.
An InterlOplng Cadi from Burbank
Summarily Squelched.
The Action Of the Supervisors-Justice
Stanton Sees His Opportunity and
Seizes it-King's Judicial Man
tie Very Likely to Drop.

Whether Justice A. E. King, formerly
OF Garvanza, more recently of Burbank,
but now attempting to open justice
Office in this city, is full fedged jus.
tice of the peace or merely private
citizen, is a problem which has at last
been solved by the appointment and
qualification yesterday of Justice L..
Stanton as township Justice.
The causes which have led up to the
present state of affairs form an interest
ing history. Mr.. King was elected JUS
tice of the peace at Burbank, and s.. G..
Bartholomew at Garvanza, at the last
general election. The board of super
visors had many complaints from Bur-
bank and vicinity as to the manner in
which Mr.. King was conducting his
Office. The bills he sent in were re-
garded by them with suspicion, and the
plan was formed at last in June OF this
year to take those two townships into
Los Angeles township. At that time
the board did not contemplate the leg
islating out of Office of the two legal
luminaries mentioned, until the next
election.
AS President Perry informed HERALD
reporter yesterday, the idea of the board
was, that they would be only able to
get rid of the Objectionable justices at
the next election, when only one town
ship justice would be elected. The
justices had made themselves 80 OBJ
noxious by the manner in which they
worked to make up their monthly allow
ance that something had to be done,
and the board took what they thought
at the time to be the speediest way OF
relegating them to the walks of private
life.
When the readjustment of the super
visorial districts and township lines
was made on June I'd of this year, the
board of supervisors quietly, but effect
ually changed the lines of Los Angeles
township by taking in Burbank and
Garvanza, go that the new township
comprises the election precincts of the
city, Burbank, Glendale, Garvanza and
La Cafiada.
Justice King kicked, to use classical
language, like bay steer. but the work
went right on. He conceived the idea
that he could not be legislated out of
Office, and as he could get but little
business at Burbank, he moved into the
city, and week or two ago opened an
office in the Temple block.
But Justice Stanton, who was elected
township justice at the last general
election, took position, which the dis
trict attorneys Office and prominent at
torneys cay has ousted the two objec-
tionable iuetices from their offices.
Upon the theory that the creation of
the new township created vacancy in
the Office of justice of the pe~ce, Justice
Stanton went before the board OF super
visors last week and presented petition
that he be appointed township justice of
Los Angeles township. The board acted
favorably on the petition, and he was
appointed. AS such justice, he gives a
$4,000 bond, and yesterday it was COM
pleted and approved by all the superior
court judges, go that Justice Stanton is
now the fully accredited dispenser of
justice for two townships; and just
where Justices King and Bartholomew
stand it would be difficult to say. Un-
der the circumstances some mighty in
teresting questions would arise, as to
their liability, if they brought about the
imprisonment of individuals.
The law under which the appointment
of Justice Stanton was made, is section
107 of the code OF civil procedure, and
section 58 of the amendments of 1891.
The former reads as follows:
"Eec. 10Y. The justices of the peace
elected in the townships at the general
state election of 1879, or persons ap-
pointed to fill their places, are success
sors of the justices of the peace OF the
townships, respectively, who held office
at the time of such election; and in case
the townships of any county are here
after changed or altered, the board of
supervisors of such county shall make
provision as to what justices shall be
successor of the justices of townships go
changed or altered"
Section 58 of the amendments of 1891
reads as follows: 1.-THE officers of q
township are two justices of the peace,
two conssables, and such inferior and
subordinate officers as may be provided
by law, or by the board of supervisors.
Provided, that in townships contain
ing cities in which city justices are
elected, there shall be but one justice OF
the peace.
1.-THE board of supervisors of each
county, on or before the first Monday in
September, 1891, and thereafter, as pub
lie convenience shall require, shall
divide the respective counties into town
ships, for the purpose OF electing justices
of the peace and constables; provided,
that the board of supervisors shall have
power, whenever they may deem it for
the good of the county, 10 allow only
one justice of the peace and one consta-
bic in any judicial township having a
population OF less than 5000 inhab'
itants."
According to the opinion Of the dis.
trict attorneys Office, the board OF
supervisors having created the new
township, the old officers held over until
the board appointed the new justice and
he qualified, and that that having beer
duly accomplished, Justice King and
Bartholomew are thereby ousted from
their respective offices.
That justice can be legislated out O
Office, it Is believed, is clear. For it ii
| contended that such an officer can be &c
ousted out unless the term Of the otfics
| is fixed by the constitution; and ths1
there il nothing in the nature Of con
.