The herald., 1895-11-12

state but it directly specified this coun-
| ty. Now Mr.. Summerland claims his
| fees on the ground that the act Of the
| Legislature cutting them Oft is unconsti-
! tutional, as 1t Is special legislation. Mr..
| Summerland will hold his office for four
years though, because the legislature has
enacted that every county assessor in the
state snail have that tenure. That is
general legislation.
But when the gentlemen who are now
in the fat positions in the court mouse
flatter themselves that they are secure in
a four-year tenure on their snap tn @
consensus uf opinion among the mem bers
of the local bar is that they err.
Yesterday several county officers were
questioned and gave it out that they did
not care whether the ioul-year tenure
was constitutional or unconstitutional.
They said that as far as they were con-
cerned il would not affect them. They
were going to hold four years anyway,
for there was no way by which the mat
ter colld BIS carried to the supreme court
to be tested in time to hold an election
in 1896 to select their successors. Then
they SAID they would hold over for two
Yeas, because OF the fact that their sue
cesoors had not been duly elected and
qualified.
This would indeed be remark a BILE
condition of affairs" said one prom nent
lawyer iasi evening, ''if the conclusion
some of the county officials have arrived
at were to hold good. Ny opinion Is tn at
it certainly would not. The matter as to
whether the four-year tenure clause
is constitutional or not, and it unques-
tionably is not, can be very easily carried
to the supreme court by manuamusint
rne supervisors. II Is their duty to issue
with in specified mum Der Of days rrior to
the election proclamation calling it and
specifying the official positions to be bal
luted for. When the time comes to issue
this proc alton, if the supervisors fail
to include all of the officers to be- balloted
for, a taxpayer can ask for writ of man
date to compel them to. Then the whole
question as to the Constitutionality OF
the tenure of Office clause could BIZ passed
upon"
But suppose after this procedure has
been adopted and the supreme cour,
had decided that the four-year tenure
clause was unconstitutional and therefore
void, that there was not time left to &c
through with the legal prelim naries re.
CURED by law to constitute part of q
legal election-would ths present Off GERS
hold over?' was asked.
"Certainly not The failure of the SUI
pervisors to proclaim an election would
not and could not defeat the election.
That would be a fine thins, would it mott
The SUPREME court would, II 1T were
necessary, specify o time TO- specia
election. But all this can be opvja ed
Let the supervisors issue their procalma.
ton in time, so that all the points IN
volved can he passed on by the supreme
court in time to include in the election
procamati OF this county for 1896 all
of the officers that are 10 be and should
be voted for under the law as interpreted
by the court
my experience is that no men or SCI
of men ever profited by attempting t.
perpstuate themselves in office IN viola.
tion to the constitution and in defiance
of sound principles of law. List there be
four-year terms, but first let the status
by constitutional enactment create them y
Some eight OF ten members of the loca
bar we're seen and they all agreed that
the county Off GERS who built on four.
year ter.L, because they thought til,
constitutional question involved cuulc
not be passed upon in time Tor he elec
ton Of Novem Der, 1896, were building or
foundation of sand. This bsing the case
there will be waiIing and woe MT tint
court house for many days to come.