Los Angeles herald., 1893-01-12
STANTON AND KING ARE OUT,
The Substance of the District
Attorneys Opinion.
Reasons Why the Protestants Have
No official Standing.
The Opinion in Full Which Was Rem
dered Yesterday to the super
visors by District Attor-
ney Dillon.

District Attorney Dillon yesterday
filed an opinion with the board of super
visors in regard to the protests of ex-
Justices of the Peace l.. Stanton and p.
E. King, against giving up their offices,
about which matter there has been con-
siderable talk. The quo warranto pro-
ceedipgs spoken of heretofore by the
justices have not been commenced. The
opinion of the district attorney, which
is as follows, shows what he thinks of
the points advanced:
l.. Stanton, esq.,, and P. E. King,
esq., claiming to be justices of the peace,
and F. P. Hardie, claiming to be CON
stable of this township, on the 3lst of
December, 1892, filed their pro-
tests with the county clerk
against giving up and surrendering
the dockete, papers and files in their
possession pertaining to said township
upon the ground "that the act of the
board of supervisors ON the I'd day OF
June, 1892, by which said supervisors
attempted to change and create a new
township, known as Los Angeles town
ship, was illegal and without authority
of law, and that there is no legal or
authorized person elected or qualified to
succeed said Justice, and that said Office
is not now, nor has it been at any time
since the election and qualification of
said protestant, vacant" Each of the
above protestants rely upon the same
ground,
1t is further set forth in the protest
"that one Grove S. Bartholomew threat
ems to, and as protestant believes. will
prosecute said protestant under section
rs of the penal code of the state of Cal
ifornia if protestant refuses to surrender
up the said Office, and deliver up the
papers and files of said justice to said
Bartholomew"
Section 76 OF the penal code is as fol-
lows: EVERY officer whose office is
abolished by law or who after the expir-
alton of the term for which he may be
appointed or elected, or after he has re.
signed or been legally removed from
Office, wilfully and unlawfully withholds
or detains from his successor, or other
person entitled thereto, the records, pa
pers, documents or other writing apper-
tanning or belonging to his Office, or mu-
tilates, destroys or takes away the same,
is punishable by imprisonment in the
state prison not less than one nor more
than 10 years."
The order of the board of supervisors
of June 2, 1892 (minutes, vol. IA, p. 546),
is as follows: "That the present town
ship boundaries of Los Angeles township
and Los Angeles city township IN this
county be, and the same are hereby
changed, and new township therefrom
is hereby created by uniting and con-
solidating the territory within said
townships into one township"
The power of the board to make that
order is found in section 25, subdivision
2, statutes of 1891, p. 300, and is as fol-
lows:
The boards of supervisors, in their re-
spective counties, have jurisdiction and
power, under such limitations and re-
strictions as are prescribed by law.
Subdivision 2. To divide the coun-
ties into townships, change
the same, and create others, as con-
venience requires.
The only limitation upon this power
is found in section of the act of March
IL. 1891, page 8, which is as follows:
Neither boards of supervisors :.
shall have the power to alter the boun
daries of any township .. 30 as
to change the boundaries of any sena-
torial or assembly district as constituted
and defined in this act.
Section IS, (statutes of 1891, page
3I4), provides: That in townships
containing cities in which city Justices
are elected there shall be but one Justice
of the peace.
The same section further provides
that 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 di-
vide their respective counties into town
ships for the purpose of electing justices
of the peace and constables.
The respective terms of Office of the
above protestants would have expired
by law, independent of the above acts
of the legislature, on the I'd day OF JAN
uary, 1898. a3
Sections of article IL OF the constitu-
ton bears upon this point, and from it
quote the following language: Nor
shall the term of any such officer be ex-
tended beyond the period for which he
ie elected or appointed.
| August o. 1892 (Min. vol. Is, p. 1897
the board entered resolution as fol-
lows: w
Resolved, That L. Stanton be and is
hereby appointed justice of the peace OF
Los Angeles township; but in my opin-
ion that appointment would not con-
tinue him in Office after the 1st OF Janu-
ary. 1898.
Upon the foregoing statement of the
facts, and the law applicable thereto,
am of the opinion
First. That the board of supervisors
had power to change the boundaries and
consolidate the two townships in man
ner and form above entitled.
Second. That neither the said L.
Stanton, esq or P. r.. King. ESQ.,, now
legally hold the office of justice of the
peace, nor does the said F. p. Hardie
now legally hold the Office OF constable
in said township.
Third. That the said Grove S. Bar
tholomew is legally elected Justice of
the peace of said township, and that he
is entitled to the possession and custody
Lost.
once lost, it 10 difficult to restore The
hair. therefore be warned in time,
n.