The herald., 1894-03-06
SAN BERNARDINo.
Judge Otis Decides an Important Case,
Local Affairs.

Judge Otis Decides an Important Case.
Local Affairs.
SAN BERNARDINo, March 5.-Judge Otis of
the superior court rendered an opinion this
morning in the case of A. N. Kumler against
the Board OF Supervisors of San Bernardino
county, which was upon writ of certiorari to
set aside the action Of the board in declaring
this county to be q county OF the twelfth class,
instead OF the tenth, as heretofore. The first
point raised was that the county government
act provides that counties shall be classed ac-
cording to the last federal census 1t was ad-
mitted on the part OF the supervisors that they
introduced testimony to show what the popu-
lation OF the county was. This the court
found the supervisors had right to do, as the
lines dividing the new county of Riverside
passed through the precincts found in the
census enumeration, making it impossible to
determine mathematically from the census
Just what the population of the county was.
The court held that that being the case, the.
supervisors had right to hear testimony. The
other point raised was the constitutionality OF
the clause OF the county government act dele
eating to the boards of supervisors in the case
OF division OF a county the right to reclassify
the old county after portion had been cut OF.
On this point the court held that the act itself
classified counties according to population,
and that the action of the board in the matter
at issue was not a reclassihcation, but simply
determination Of what class the county had
iallen into by virtue OF reduction OF popula-
such action was not the exercise of a
legislative but of ministerial function.
AhO dOtlun VI lut DOdIu OI bupeTNlbOTbl II bhC
matter at issue was held valid throughout,
and the county declared to be properly In the
twelfth class. The plaintiff in the case will
appeal at once to the supreme court anc secure
final determination OF the whole matter, or
IN case OF reversal, new action be taken
before county officers are elected for a four
years term. The reclassifcation would save
the county about $25, 900 per annum or $780,
600 in the ensuing four-years term in the
amount of money actually paid out in salaries
to county officers.
Yesterday was the first Sunday in which the
Sunday-clos1ng ordinance went into effect.
Every cigar store, drygoqAF grocery and other
business house in the Gil WAS closed except
restaurants, hotels and drug stores large
pot Of money has been raised to test the valid
ity OF the ordinance. The opposition TO it
seems quite strong.
The superior court has continued the case of
Henry VS.. the board of city trustees to next
Tuesday, the 9Th inst for further argument
This case involves the right of the board to re-
fuse to grant a license to sell liquor without
giving reason therefor
H. X. Gregory, assistant general passenger
agent. and W. B. Beamer, superintendent of
the Santa Fe, are in the city.
The receipts of the county recorders office
for February were 1888 SO, and expenditures
The recent rain has penetrated the ground to
a greater depth than any before, this season,
and the prospect is now good for a large crop
OF grain. The snow came down into the valley
yesterday, nearly to the confines of the city,
presenting beautiful panorama of snow-clad
mountains contrasted with green fields and
orange orchards.