The herald., 1894-12-15
BURR IN A VERY BAD BOX,
A Grave Question as to Who
Will Be Sheriff.
Qualification by Telephone Gravely
Questioned.
If Cline Refuses to vacate the Courts
VIII Decide as to the Legality
OF an Oath by
Wire.

There is q grave question as to whether
Sheriff.elect John Burr can take his
seat. The question will become more
serious with him IL Sheriff Cline refuses
to vacate on the 7th OF next month, and
at present the legal opinions on the sub.
ject would seem to favor Cline.
As the matter now stands, 1t will
become necessary for Cline to refuse to
give up the Office if legal settlement is
to be had. Cline may refuse to 60 out
on the ground that the newly elected
officer 10 not qualified. and then
the courts would have to be resorted TO
in order to settle the question.
In tho event that the case 10 carried
into court, there will be several interest.
ing and complicated questions to be
decided. The first one, of course, will
be whether an oath transmitted by wire
is legal; the next, whether a justice OF
the supreme court can administer the
oath in another county from that for
which the officer taking the oath was
elected.
The main point OF the controversy.
however, is whether Burr's oath, hsving
been sent BY wire, was properly filed.
The law would indicate that 1t was not.
for it was signed by another person.
There is no question aa to the
date upon which Burr was Off.
ciaily notified OF his election, 10
that the only hope OF his going in
will be on the ground that his oath OF
Office was properly sled. He certainly
did not take the osth within the pre-
scribed 10 days, if the long distance tell
epEone racket proves illegal.
1t is stated that a similar case occur.
red in this county IA years ago. The
party was elected to the office of sheriff
and failed to file his bond in the res
quired time. The board of supervisors
declared the Office vacant and appointed
the gentleman who was elected.
Ono attorney is Of tho opinion that
the same steps will have to be taken in
the present instance, but that the per-
son who is appointed can only hold
the Office until the next general cleo
tion, which will take place,
A SIMILAR CASE.
While every body is talking about the
sad predicament in which Mr.. Burr OF
San Fernando finds himself at pres.
ent, it may be interesting to know that
Santa Barbara county has juet such
case, and that the politicians OF that
county think they have discovered
remedy.
According to Santa Bar bara gentle.
man now in this city the situation there
lie like this:
A.. A. Ox!esby was elected district at
torney of santa Barbara county at the
recent election on the fusion ticket OF
Democrats and Popullsts by ANAL
plurality. Ten days after the official
count Mr.. O1lesby took his bonds.nsn
to a notary public to have them qualify.
and at O'clock Of that same day re-
ceivcd a telegram from Los Angeles
that he waa required to os in this city
immedia ely iu attendance up n the
United States district court. Hs came
here at once. relying upon the notary
public to tle his bonds. which was not
done. ..-s,.s,, o-. asa
He remained in this city two weeks.
and upon mis- return met some such rs-
ception as Mr.. Burr received when he
returned to this city from San Fran.
cisco. Mr.. Oselsby was inclined to
laugh at the proposition a. first, but
later, when he found that his business
had not been attended to, he became
filled with q great dlstnay and started
in to right matters.
A. +. Putnam. preeent incu m bent OF
the diatrict attorneys office in Santa