The herald., 1895-01-08

tnis law dld rot appear Today, II mlGhS
appear tomorrow and it had appeared
in The pact. The blunder undoubtedly
wsg most ssrjnUp one.
REFERRED TO DISTRICT ATTORNEY.
Supervisor Hay stated that. co far,
nothing in regard to the matter Lsd
como before tie bond, and Attorney
Alien replied that he wa: thsrs TO Off
cially notify the uastu bsrs that Mr.. Burr
deeired the Office. He rsksd thai the
district attorney be askad to meko
decision by which both oonteatsnss
would abide. The matter was iher re-
ferrad to tho district attorney. who. at
3 ,45 p. M, handed in the folio wing
opinion to the board:
STATEMENTS OF FACTS.
Counsel for John g. Cline, former
sheriff. and OF john Burr, sheriff. elec, of
Los Angeles county, Cal, do not differ
in their sta.emaMt of the facts con-
nec.ed with this Gaze, namely: That
John Burr WIS duly elected sheriff OF
Los Angeles county at this last general
election; that within 10 days after his
notice OF election he fled bond duly
approved. as required by law, and with
III WI uaSc ibl Eutl "a clcCtlOns
while al the city of San Francisco, in the
county Of San Francisco. stste of Cali
fornia; and being advised of his neglect
TO file the oath OF effice as required by
law, had deputy clerk OF Los Angeles
called to the telephone exchange. stu
ated remotely from said clerks Office in
the city CT Los ANGELES, he, the said John
BUR-, being then In eaid city and coun.
~ NJ SAN Eronriuon lnpu
distance telephone, then and now in
operation between said two cities, the
said John Burr repeated to said deputy
clerk the following oath:
THAT TELEPHONE OATH.
II DO swear that will support the
constitution Of the United 5.etss and
the constitution OF the state of Califor-
mia, and that will faithfully discharge
the duties OF the office of sheriff OF the
county OF Los Angeles according to the
beat Of my abilit1, no help mo God"
That the aaid John Burr not then be-
ing in the city ot Los Angeles and mn
able to sutecribe the same, directed
said deputy CLERK To reduce said oath
above given to writing, and directed one
II. S. Clement to sIsu the name OF Burr
thereto, which said Clement than and
there did, end thereupon eaid clerk at.
tached to said oath 30 by him tram
scribed the following jGrnt;
state OF California, County OF Los
Angeles So.
"S",r, to before me this 11th day OF
D. csmper, 1884 by John Burr. and his
name subscribed thereto by Ii. $. Clem.
cut by his, said John Burr's instruc-
u~l~x l. i a
and adopted to be his by said John
Burr. 7. ii, WARD, Clerk.
"By A. W. SnAvnR"
sNAvEE'a TRANSCRIPT.
That thereupon said A. w. Seaver,
deputy clerk, wrote upon sa;d paper the
following words:
"Fled December 11tb, 1894 T. H.
Ward, clerk; by A. w. Seavsr," end put
the same in hia pocka. and did not tax 9
the came to the clerks Office upon the
llth day OF December, 1894, nor wa
sa'd paper at any time in nsid clerks
office within 10 days alter notice of cleo
ZION of asid John Burr.
1t ia further concaded that ct ~
o'clock noon of the S'h day of January.
1895. being tho frat Monday OF the
month, said John Barr demanded of
said John Cline, the possession of said
ofice and o. all the papers. keys. aud
hooks connected tnerewith aud balonz -
log thereto, and demanded the cuetody
OF the prieoners and the keys tothe jail
of said county, and that eAid John 9.
Cline tberenpon refused to surrender
the came. alleging ss u reason that ha,
the SAID John Burr. had not qualified as
by law he Was required to do. and wes
not entitled to be invested with aaiG
office.
o. L. Cronin, attorney for John @.
Cline. before your board cousented that
tho above and foregoing constituted tho
true facse connected with this coutro-
versy aud upon the Same has referred
TO this office the following questions for
itg opinion:
TEE POINTS AT ISSUE.
First-Whsther or not vacancy ex-
iste in the ofice of sheriff
Second--Has the bosrd power to fill
the vacancy by appointment, if such IL
vacancy exlGts.
Under section 096 OF the political Gods
nm Office becomsa vGcsn. on the happen
ing OF either of The following eventa be.
fore the expiration of the term:
Subdivision line death OF the in
cum bent.
SubdiviHion 9-His refusal or neglect
to file his official oath or bo2d within
the time prescribed.
Under section 90S This oath OF ice 90
subscribed and sworn to must bs filed in
the office of the clerk of the county.
TneNrefueGl or neglect OF q persou duly
elected to gu Office to flo his official
oath or bond within the time prescribed
by Law, creates Is vacancy as soon as the
term for which he was elected com
mences, which may be filled Dy the
proper appointing power. People vs.
Taylor, 81 CAL, $40
POWER OF TIE SUPERVISORS.
Subdivision 81 of secton Is OF The
statutes and amen dments to the code oi
California, known az the county govern
ment act. provides that the board o.
supervisors may fill by appointment all
that may tccur in any office ex-
capt those OF judge of the superior
cor-t and supervisor the appointee to
h Id ffias for the III Q ipired term.
THE OFFICE Is VACANT.
1t is concsded, and the facts in this
case demonstrate to my nina that John
Burr failed to file in the Office OF thn
err his oath OF Office, and neglec ed
eni failed TO subscribe nnch oath q
office within the 10 daye required by iew,
and by reason thereof tbs office Of eher #
became vacant at noon, January 7, 1895.