The record-union., 1895-09-17
Afternnon Session.

In the afternoon the District Attorney
was III attendance to give his opinion on
the necessity of holding a primary cleo
ton.
The Road Committee reported on
the Wilder road bridge matter, recon-
mending that e. Z. Barry be awarded
the construction of the two tresrles ac
cording to the plans and specifications.
and that all bids for earthwork be re-
jected.
The board awarded the contract for the
trestles to MIR. Barry, and Jenkins asked
how soon they could be finished. Barry
thought it would be from month to
forty days. Jenkins said that if it would
take that long there would not be any use
OF building the trestles this year. There
is a large amount of hay on the other
side that must be got over before the
rains come.
Mr.. Barry finally said that as Mr.. Lay
don had offered TO let him have piles,
which would save time, he could do 1t in
twenty days.
The Chairman was instructed TO enter
Into a contract with Mr.. Barry under
penalty of $40 day for every day over
that time.
Road Commissioner Jenkins was in
structed TO have the earthwork done at a
cost not to exceed $50
jenkins called attention to the Upper
Stockton road near McConnelPs which
Ia overttowed when high water comes so
that horses sometimes have TO swim and
Is dangerous. 1t has been in that condi-
ton for years, and IL will cost $50 to $500
TO hi II III as the ground was plowed last
spring. Ii is an important road, and he
thought it should be attended to.
Commissioners jenkins was authorized
to have the work done Immediately at
cost not TO exceed 500.
PRIMARY ELECTION LAW.
District Attorney Ryan rendered an
opinion aa 10 the necessity of holding
primary election next year in order to
comply with the law and the necessity of
making provision for it in the tax levy,
as urged by W. A. Gett, Jr., under the
Act OF March y, 1885.
IN his opinion he stated that his con-
clusions were that the Act was uncon-
stituiional, and that it was not necessary
to include in the tax levy an amount for
that purpose. He agreed with Mr.. Gett
that the classification in the County Gov
ernment Act exists only for the purpose
OF n&ing the compensation of county
officers, according TO Section of Article
AI. OF the Constitution of 1879.
But il Section 40O6 passed prior to the
adoption OF the new Constitution, has
any operation whatever in the classiflca-
tion OF counties, such classification can
not exist Tor the purpose of enacting an
election law applicable to any Of the
classes created by the provisions of this
section.
The Legislature. as Mr.. Gett says, no
doubt intended by the Act OF 1895 to refer
To counties OF the first and second class
rs classified by the County Government
Act, namely, The counties OF San Fran
cisco and Alameda. Such an Act would
be in conflict with the provisions of the
Constitution, which prohibits local and
special laws in certain enumerated
classes, among which are those providing
Tor conducting elections or designating
the places OF voting, except on organiza-
tion Of new counties.
As the Act Of 1898 provides that it shall
take effect III and be in force only in the
counties Of the first and second classes, it
Is special legislation, no matter whether
IL IS intended to apply to the County
Government Act or TO Section 4006 Of the
Political Code, and as such is prohibited
by the Constitution.
THE TAX LEVY.
The Auditor presented the following
report in relation 10 the tax levy:
70 tie Honorable Board Of Supervisors
Of the County 0f ,Sacrume5tto-GENT MILE
MEN: In accordance with the provisions
OF Section - OF the County Government
Acl ] herewith submit my annual state
ment showing the financial condition of
the county, its Indebtedness (both funded
and 1oaiingj. the amount OF money in
each fund, also the amount of property
owned by the county and its approximate
vaiae, and such other information and
estimates Is may seem necessary TO en-
able you 10 Il x the rate of tax needed to
raise sufficient revenue for the current
fiscal year. The funded debt OF the county
is as follows;