The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-12
WHAT THE OFFICIAL YEAR IS.
An Opinion of the Board of
Supervisors.
Township Officers Allowed Only
$1,000 Per Year.
Bill Don't Go, but Justics Bsrthoio-
msw May Draw Small balance.

The opinion which follows, in respect
to the claims OF outgoing Justices Of the
peace and constablss for services ren-
dered this year. was filed yesterday
afternoon in the board Of supervisors by
Deputy District Attorney Holton:
Los ANGELES, CAL, Jan. IL, 1895.
To the honorable, the board OF supervisors Of
Los Angeles county:
GENTLEMEN :-Iu the matter OF the
claims OF G. 8. Bartholomew, justice OF
the peace OF Los Angeles township, and
l.. d. RogeIs, constable OF said town
ship, for services rendered by them in
the month Of January, this year, have
to report as follows:
Section go OF the county government
act of 1891. which law was in force q.
the time of the election OF said officers.
is as follows: "All elective county aud
township officers. except superintendent
OF public schools and assessors, shall be
elected at the general election to be held
in November, 1892, and every two years
thereafter unless otherwise herein pro-
vided, and shall take office at IL o'clock
meridian on the first Monday after the
first day of January next succeeding
their election"
The term OF their office by this act is
fixed at two years, beginning on tine
first Monday after the first day OF Janu-
AIRY at IL O'Clock meridian and ending
on the first Monday after the frat day
of January at IL O'Clock meridian.
Subdivision Is OF section 1854 OF said
act provides as follows: mo justice of
the psacs shall receive more than $1,000
per annum, which may be paid 10
monthly installmsnts OF not exceeding
$83 3315 per month for ell services rem
dered oy him in all criminal cases."
Subdivision IA of the same section
provides as follows: mo constable
shall receivs more than $1,000 per an.
mum. which may be paid in monthly
instsllmsnts OF not exceeding $685.
per month for all services rendered BY
him in all criminal cases or in actions
or proceedings to which the people of
the state OF California are or may be
made parties, and no claim OF any such
constable in excess OF said sum of $1,000
per annum, or the instalments thereof,
as aforesaid, shall be allowed or paid"
Under these provisions OF the etatuts
the official year is from the first Mon
day after the first day of January for all
elective county and township officers.
The statute does not contemplate that
there shall be any time bstween the
expiration of the term of Office of the
outgoing officers and the commencement
of the term of Office of the incoming
officers.
II q justice OF the peace or constable
performs service for which the legal fess
amount to the sum of $1,000 per annum.
he ia entitled al the end of his official
year to enough to make up, in addition
to what he may have been paid during
the year, the full aum OF $1,000 ami no
more.
1t is provided by section Al OF the
county government act aforesaid, that
'the board of supervisors must not hear
or consider airy claim in favor OF any
person nor shall the board
credit or allow any claim or bill against
tina county unless the same
be itemized, giving names. dates, etc.,
and be presented and filed
with the clerk OF the board within q
year after the last item OF tho account or
claim accrued"
Any claim, therefore, that either Of
said officers may have had against tho
county at the end OF their frat official
year, cannot at this time be considered
by this board, there having more than
one year elapsed since the last item OF
any claim for the frat official year &C.
crued, and prior to the filing OF this
claim.
II appears from the report OF Justics
Bartholomsw-that is, tho two reports
filed by him. which together comprise
his report for his last year in Office, tina.
the work he performed amounte to more
than $1,000, and that he has not received
therefor. the full sum of $1,000. Ii this
fs true he is entitled to enough in sddi-
tion to what he has been paid, to make
up q thousand dollars and no more.
1t appears from tho report of Con-
stable Rogers that be has received his
full $1,000, and he is. therefore entitled
to nothing more.
therefore recommend that the bill
of Constable Rogers, for the reasons
ereinbsfore stated, be not allowed, but
that the bill OF Justice Bartholomew be
allowed for a sufficient amount (tsken
together with what hs has been paid
during his last official year, to make up
the sum Of $1,000.
Respectfully submitted,
]. A. DoNNELL,
District Attorney.
By GEO. M. HoLToN, Deputy.
Mr.. Holton, on similar grounds, has
recommended that ex.Constable Rich
ayda0n,a hill for Taurory ho d;anuo,ol