The herald., 1894-12-28
SHKIEVALTY CONTEST.
JOHN CI.INE'S POSITION NOW
CLEARLY OUTLINED.
he Will Not G W. Up to Burr Until Told
to D., 10 by tho
Court.

1t 10 now we'll settled in Sheriff Cline's
mind that ii Sheriff elect John Burr, OF
San Fernando, wants to take the shriev
atty rocking chair, on tho 9TH of Janu-
ary, he will have to fight for it--that is.
in the courts.
Cline has taken plenty Of legal advice
on the subject of turning over the office
to "Honest" John Burr. and the con-
sensus of opinion given him has been
that in order to protect himself, and in
justice to his bondsmen, he must retain
the position to which hs WAS elected,
until the tribunals OF the state ehall
nave decided that Burr's telepho lic oath
OF Office subscribed by another person
than himself is regular and proper.
Mr.. Cline has interviewed District
Attorney Dillon on the subject in an in-
formal manner, without asking for
written opinion. In this matter Of not
turning over the office to his successor,
however, he is entirely guided by his
legal adviser. Ex-Superior Judge VIM.
A. Cheney whose opinion 10 positively
outlined against surrender without de-
cision from the courts.
II han been stated tbnt in the event OF
Mr.. Cline turning over the shsriff's Of
fee TO Mr. Burr. the formers bondsmen
would be responsible for any OF the
eherlff-elects acts, should II turn out
afterward that he was not legally en-
titled to the shrevaity, because Of the
irregularities com mitted in taking the
prescribed oath of Office. First, IN hav-
ing delayed doing 30 until the l1th day
after the issuance Of his certificate Of
oIaCfinn tab nrfp;An nf
the county OF Los Angeles; third. not
having it fled until the 18th day after
the issuance of he certificate; and
fourth, that the oath of office was not
sworn TO ami signed by himself but by
sn hstituie
This view is not shared by every
lawyer in this city. by any means. q
good many holding that even If Mr..
Burr, after going into Office, should be
recognized as being wrongfully there
his actions az sheriff de fncto would be
perfectly legal. and his own bondsmen
reap0Dsib Bile. 1t is not necessary to 40
into many detaile, but the case of El
Hammond. a former county tax COL
lector, who abscondsd, is case in
point.
Ell Hammond was appointed tax COLI
lector by the board OF supervisors, and
at the following election successfully
made the ran for the same office. He
neglected to take the oath, although he
gave new penal bond. Shortly after
ward the man with the Arab name stole
away silently in the night with a good
deal Of the connty's cash, and was never
heard of again.
The question that then came up was.
which set of of bondsmen was liable for
Hammond's defalcation? The fret or
the last? If the contention that the
tax collector had never legally quslified
for his second term was correct, and
that he merely remained in office until
his eucce-sor. which in this case was
himself. qualified. the frat bondsmen
would have been liable, but the courts
thought differently upon the PROPOSE
tion, and 1t was the second set OF bonds
men which had to pay the piper Tor the
shortcomings OF the county tax collector
de facto.
Sheriff elect Burr says but little and
is saving wood, but on the 9TH OF next
month he will formally demand the
Office from John Cline. failing to obtain
which, a merry war will at once he in
augurated for the possession OF the fat
test plum in the county and for the
apoils which undoubtedly belong to the
victor, whoever he may be in this case
Burr or Cline.