The herald., 1894-12-14
BURR MAY NOT Be SHERIFF.
Trouble Over the Time of TAX
ing His Oath.
He Qualified From San Francisco
By Telephone.
A Big Legal Complication Likely to
Resuit-Ths Courts May Have
to Settle tho
Mattors

When Sheriff. elect John Burr arrived
from San Francisco yesterday he found
very undesirable state of affairs, go far
as taking the office to which he was
elected is concerned. He found that his
rights to the Office were in serious ques-
tion, with a possible chance of his
never taking his seat.
One day last week he went to San
Francisco to visit relatives and to rid
himself OF place hunters under his ad-
ministration. In his hurry to get away
he carelessly failed to take the oath OF
Office.
The code provides as follows:
whenever a different time 10 not
provided by law, the oath of Office must
be taken, subscribed and flied within 10
days after the officer has received notice
OF his election or appointment. or be-
fore the expiration of 15 days from the
commencement of his term of office
when no such notice has been given"
In the fret place, there lie no evidence
to show upon what day Burr received
his certificate OF election. No record is
kept OF the date upon which the off GERS
are notified, though the date upon
which the certificates are issued iH al-
ways on record. The certificates OF all
the county officers were made out by
Acting Clerk G. w. Bell on November
2Sth. Then card, notifying the various
officers that the certificates were ready
for delivery, was. sent out, which con-
sumed at least o day or two after
Thanksgiving, the 29th, on which no
business was transacted.
1t is specified that the certificates of
election must be handed to the officers
personally. Clerk Bell gave Burr's mo-
tice to him at the court house on one
day between the 30th of November and
the 4th of Decem ber. though he has
made no positive statement, and will
not until he can see q witness who was
present. 1t is thought. however, that,
according to the date Burr received his
notice OF election, his time OF taking the
oath of office expired at II O'Clock last
Tuesday night.
By some unexplained reason il came
out Tuesday afternoon that Burr had
not qualified. Simon Maier, one of the
sheriff elects bondsmen, is said TO have
been the first to realize the situation.
duu muculdt0ly LOUk bl0pb III bHN6 huy
chance of Mr.. Burr's being knocked out
Having in mind Tuesday night as the
time OF expiration, Mr.. Maier, the other
bondsmen and Burr's attorney took ex-
trema steps to see what could be done.
Burr was in San Francisco, though his
address WAS not known, and it appeared
phone or telegraph before IL O'Clock
that night.
Dispatches were forwarded to every
point possible. and finally he received
the startling news that he had not fully
qualified He had been laboring under
the impression that the oath was not to
be taken until the day he was to 60 into
office.
Upon instructions from Judge Hatch
and Attorney Flint in this city. Burr
Immediately went in search of supreme
court justice to administer the oath,
which was to be transmitted by long
distance telephone. Finally Justice
Garroutte was found, and he forthwith
administered the oath to the Los An.
geles sherif-elect. 1t was received here
and placed on file by Deputy County
Clerk Seaver, and was signed by the
new undersherif, H. S. Clements. Yes
terday afternoon Mr.. Burr signed the
document himself and took the oath of
Office again. 80 that in case the long,
distance telephone plan proved not to
be not legal he would have the other
oath to fall back upon.
Bnt here another troublesome thing
comes up. In case CLERK Bell finds that
ten days have elapsed since giving Burr
his notice OF election. and in case the
oath by telephone is illegal. Burr's
rights to the office will be declared for
feited. There is one provision, how
ever, as follows:
1.-THE failure of the newly elected off,
Ger to qualify within the 10 days does
not forfeit his right to the office where
the predecessor has taken steps to con-
test the newly elected officers rights
thereto. The latter may qualify after
the determination of the case in his be-
half by the COURTS"
A decision that may have some bear
ing on the case ia one noted in the in
stance of Payne vs. the City of San
Francisco, 3 California Reports. as fol-
lows: "His neglect to qualify within 10
days was refusal on his part to serve.
and vacated the office so far as he had
any right or claim thereto"
Sheriff Cline, il is understood, will
make no contest, but will hold Office
until the court has decided or named
his successor.
AS the thing stands then, Sheriff elect
Burr's hope of taking his seat depends
solely upon the legality Of an oath by
wire and the day upon which Clerk Bell
delivered his. certificate OF election.
The case will certainly create much in
terest until it is finally settled.