The herald., 1895-12-01
THOUGHT OFFICES WERE FEW
So the Board Of Supervisors
Created Another
IT WAS UNCONSTITUTIONAL
Bnt Then a Little Thing Like That
Cut No Figure
IT WAS UNCONSTITUTIONAL
Story As to How the Taxpayers We're
Mulcted in tho Sum OF Over
Six Thousand Dollars

yisors, evidently thinking that offices
were too few, or perhaps longing for more
patronage than fell to their lot created
or rather attemp pied to create new office,
that which they styled license tax collec-
tor. 1.-The county had a tax collector at
the time, and there was no legal impedi-
nent to his collecting licenses, but there
was a vacant room in the court house, or
some thing of the kind, and so Il. c.
Hodeman was assigned to the thereto
fore vacant room and styled license tax
collector.
Hodgman evidently wore his honors
vol. for 1t appears from the auditors re-
port that since the first mentioned date
$780, 93 was abstracted from the county
funds for the benefit of the license tax
collector.
But in January, 1894, II. G. Dillon,
then district attorney, commenced suit
in the superior court to en- Join the pay
ment of Hodgman's salary on the ground
that the board of supervisors had no au-
thority to create such an Office and that
no such Office was known to the law. 1t
should be noted here that the said dis
trict attorney had, prior to that time,
advised the supervisors that they had
no right to pay Hodsman's salary, but
Hodgman seemed to have a pull some
where, and Dillon's advice was not heed
ed, and so he took the matter into the
courts. On March 10, 1894, Judge Van
Dyke rendered his decision, unfolding
District Attorney Dillons contention
and enjoined the treasurer from paying
any more of II odemsn's warrants. Hodg-
man, however appealed to the supreme
court and continued to go through the
form of filling an Office that the superior
court had decided did not exist, until
October s. 1894, when he reluctantly
gave up the job. Not that he was tired
of it; but the fact was that the sup rene
court had just decided that the decision
of Judge Van Dyke was correct ana
tn at the supervisors had no authority to
create any such Office or pay him a
salary. He was not altogether out of
luck, however, as he was then the nomi-
nee of the Republican party for county
recorder, to which oif1ce he was elected
and which office he now holds. He was
not out OF danger yet, as the court hav-
ing held that there was no such office rs
license tax collector, it became the duty
of the district attorney to bring suit to
compel HUdgman to pay into the county
treasury what he had Heretofore illegally
uraWn tnereIOm. Hougman Appeared To
the legislature. 1t would appear to an or
binary lay mind that the legislature
would hardly have power to create II
claim against the county where none
existed Before, or to relieve man Of his
obligations in favor OF the county. But
he evidently bad that exalted idea OF the
power of the legislature which the citi-
zen in "King Henry WILL had
when he replied to the query of fellow
citizen. as to whether parliament had
power to bastadrize a legitimate child
AYE, parliam ent may make bastards of us
ALL And so did the solons at Sacra-
mento. For at page DO statutes of 1895,
appears an act which after the title, etc.,
provides:
Section l. That the board of supervisors
OF any county in which such BOARD has
appointed persons to collect the county
license, are hereby empowered and d-
rected to pay to any person so appointed
and who have actually performed services
IN collecting such licenses, the amount
agreed upon as compensation for such
services at the ii me of such appointment;
povided that no such payment shall be
made for services rendered after the
passage of this act.
Section .. 4 ii acts of such board in
making such appointment and payment
made by them for services heretofore rem
dered in the collection of such licenses,
are hereby approved and legaiized.
This law was plainly unconstitutional,
for section 81 of article " of the state
constitution provides that the legislature
snail have no power ito pay or author
ize the payment of any claim hereafter
created against the state, or any county
or m municipality OF the state, under any
agreement or contract made without ex-
press authority of law; and all such
authorized agreements or contracts shall
be null and void" and it is further pro-
vided in section rs of same article that
the legislatu are shall not pass any local or
special law" legalizing, except as against
the state, the unauthorized or invalid
act of any officer
The ordinance creating the Office Of
license tax collector, and providing for
his salary, was declared void by the su-
preme court Ter the reason that it was
made without authority of law, and
the above mentioned act of the legislature
was clearly special law attem pting TO
Iegalize the authorized act of the board
OF supervisors, and yet IN April, 1895,
House and his deputy again presented
their demands against the county for
AlSS3.o9, and 1t was approved by the dis
trict attorney and paid.
Some iacetious taXpay ers may ask what
IS district attorney for II not to prevent
the supervisors paying claims which are
unconstitutional. Certainly it Is now the
duty of the grand Jury to direct him To
Commence suit TO recover this S61Q6 q2 !
a2d If he does not do So prefer charges
against him. 1t is quite Likely, too, that
while all this waiting has been in pro-
gress the statute of limitations has run
against part of this claim against Hode- |
man. II so, the district attorney or his !
pohdsmen should be compelled to pay It.