The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-13
No FOUR-YEAR TERMS GO
Supreme Court Will Have Time
to Settle 1t
DISTRICT ATTORNEY TALKS
Says That at the Proper Time lie Will
Take Action
Hajor DonneII Not Very DESTROYS Of Bsing
Quoted-Comprehensiv Opinion as to
the Constitutfonality of the Law

The district attorney, Major J. A. Don
nell, admits that if the tenure of office
clause of the county government act ere.
atins four year terms is unoonstitution.
al, there is a way by which the Issue can
be passed upon by the supreme court and
decided in time to affect the general cleo
! ton Of 1896. This knocks the pins out
| from under the contention of some coun-
| ty officers that come what may they have
a four year cinoh.
| Major Donnell thinks that when the
governor issues his proclamation calling
! the election next fall, in case he does not
include all the officers. that should bo
elected in the several counties, a writ of
mandate can be asked. for to compel him
to include all of them, and then the su.
preme court would have a chance. for all
/ other business would be set aside to pass
upon the matter, which would be one OF
! great urgency. A II of this could be done
in ample time for the election of 1896.
Major Donnell has not carefully looked
the matter up yet, for be has great deal
of work that dGmaEds his immediate at
tention. He docs not behave i'll crossing
bridge until ne reaches it.
| However. The Herald has looked the
| question up, and one Uf the best attor-
neys IN Southern California gives the fol-
lowing asa result of his researches as to
the constitutionality of the four years.
| tenure clause:
In the light OF former supreme court
! decisions, it would seem that there can
be but one conclusion reached. and tina,
is that certain PROVISIONS OF the act are
| unconstitutional for the reason that the
-
throuRhout all of the counties ofthe state.
Section 60 of the act OF 1893, estab-
fishing uniform system of county and
township government, reads as follows:
All elective county and township officers
except as otherwise provided for in this
act, Shall be elected at the general cleo
ton held in November, 1894, and every
four years thereafter, unless otherwise
herein provided, and shall take office at
IL o'clock meridian on the first Monday
after the first January next succeeding
their election. &. =
Further on in the act and under that
portion of it relating to the st]ye and
form of government for counties of the
eighth class We find this provision: The
officers men toned in section 81 OF this act,
except as herein provided, shall be elected
in the year 1894. and every two years
thereafter, provided that
supervisors, assessors and superintend-
ents of schools shall be elected as herein
! De1Ore pIOVlueu III tUlS aCts
Here we have the county officers of
counties of the eighth class limited to a
two-years term, those in other counties
being allowed to hold on for an addi-
tional term OF the same numb of years.
Does this comply with the requirem ent
of the constitution which says that tn Q
Legislature shall provide for system Of
county and township governments al
nearly uniform as possible? The supreme
court seems to be of the opinion that It
does not.
"A decision given upon the same COM
paratve question is to be found in tho
9Sth California Report, page 219 being
based upon the county government act of
1891. In that act it was provided that
the terms of county officers should be for
tive years. When the classification of
the counties is reached in the same act,
in counties OF the eighth class, it is pro-
vded that the term of Office shall be in
such counties for four years duration.
The supreme court was called upon to
discusH the validity of such provision
in the case of II. ii. WEIGH vs.. R. H.
Biamlet. In this decision the court says I:
The county government act OF 1891 pur-
ports to be applicable to all counties Of
the state. Section 81 makes q classifica-
tion OF al of tho counties of the state ac-
cordiDg to their population, making fifty
three classes of counties in to which the
state was then divided. In sections 1861
2l5 providing for the compensation of the
various officers in the several classes, are
found other provisions prescribing GER
tain duties for county officers in certain
classes which are not made for all classes,
fixing the terms of county officers of some
classes at four years. while the section
which declares the term of county officers
generally limits it TO two years, etc.. ,
Other questions are discussed in
the opinion, and in conclusion, for var
i0us reasons enumerated, the court say !;
We must take judicial notice that there
is but one county in the state whose pop
ulation places 1t in the eighth class. and
if an act is passed by the legislature
which is applicable to only one county in
the state, it does not cease to bs local
act because it purports to be applica BILE
to class of counties which the legisla-
ture is not auth orizeo to create for til g
purpose of such legislation, and of which
that county constituted the only MEM
ter. The gist OF the opinion is that SO
far as the act prescribed different form
or style of government in any particu-
lar, which might be covered by gen eral
provision applicable to all counties in the
state with equal propriety, then such a
part OF the act was unconstitutional.
IAN act may be constitutional as to a
portion of its provisions and unconstitu-
tional as to the remainder. The question
here arises, are the two provisions OF
the county government act of 1893, pro-
viding generally for four-year term of
Office, and that providing for two-year
term in counties of the eighth class, so
or may that part only which applies to
the term of office OF counties of the eighth
class be considered unconstitutional and
the four-year clause hold by reason Of its
general application"
Aides de Camp
General I. N. Walker, recently chosen
| cOrp ~, q n RI or. n. al af of thu Grand Aruv