The herald., 1894-02-27
THEY HAD THE POWER.
THE SANTA MONICA RECORDER
REMOVED.
Judge CLARK Refuses to Grant = writ
of Prohibition and Defines The Law
Relative to Cities of the
Sixth Glass.

Judge Clark, in department TWO OF the
superior court, yesterday decided case
which has been pending some little
time, and which has considerable in
terest, not only to Santa Monica, where
it originated. but to towns Of the sixth
class everywhere.
The case was brought by the city OF
Santa Monica, against Justice Twichell,
who had been removed by the trustees
as recorder of the town.
The plaintiff is municipal corpora
ton of the sixth class duly organized
and incorporated under the provisions
of the act of March 18th, 1880, entitled
IAN act to provide for the organization,
incorporation and governments OF munich
pal corporations" On and prior to the
26th day OF December, 1893, the respond
emit held the office of recorder in said
town or city, having been duly ap-
pointed and having qualified as such.
On that day the board of trustees of the
said municipality, at regular meeting.
adopted resolution declaring the office
of recorder vacant and removing re-
spondent from said office.
In the course OF short opinion Judge
Clark says: ono point is made as to
the form of the remedy here adopted
and it Ia agreed that the only question
to be decided ia whether such power of
removal ia vested in the board of
trustees.
"Sec. 851 of the act above cited reads !:
The government of such city or town
shall be vested in board of trustees
to consist of five members, clerk who
shall be ex-officio assessor; a treasurer !;
q marshal who shall be ex-oficio tax
and license collector; recorder to be
appointed by the board OF trustees and
who shall be one of the justices Of the
peace of the township in which the city
or town is situated etc. 1t is a gem
eral rule that the power to remove is
incident to the power to appoint, and
this rule is recognized by section Is,
article 20 of the constitution, and Sec
tion 1873 OF the political code. The latter
reads: EVERY Office OF which the dura-
ton 10 not fixed by law is held at the
pleasure of the appointing power" The
former: "When the term of any officer
or commissioner is not provided for in
this constitution the term OF euch OFF,
Ger or commissioner may be declared I;
and il not go declared, such officer or
commissioner shall hold his position as
such officer or commissioner during the
pleasure of the authority making the
appointment, but in no case shall such
term exceed four years."
1.-The duration of the Office of recorder
OF municipal corporations OF the sixth
class is not fixed by law and therefore
as the power to appoint is vested in the
board of trustees the power to remove
must also rest there. The motive of
the legislature in making the Office OF
recorder of cities of the fifth class an
elective Office and the term of Office two
years, and the Office of recorder of cities
OF the sixth class an appointive Office
and its tenure the pleasure of the board
of trustees is not clear, and the wisdom
and policy OF a law which makes the
tenure OF office OF the judicial officer OF
municipality the pleasure OF the legis-
lative branch of the municipal govern
ment may be doubted, but with that
this court has no concern. Judgment
ia ordered accordingly"