The San Francisco call., 1896-02-14
COUNTY OFFICERS TERMS
The Supreme Court Said to Have
Already Decided the
Matter.
TO BE TESTED IN OAKLAND.
A Decision Containing Definite Ian.
guage Against Terms of Four
Years Is Quoted.
OAKLAND OFFICE SAN. FRANCISCO CALL, |
90S Broadway Feb. 13

OAKLAND OFFICE SAN. FRANCISCO CALL,(
908 Broadway, Feb. Is.
An influential coterie of politicians in
Alameda County who are interested in
seeing the four-year term for county off,
GERS declared unconstitutional by the
Supreme Court is already laying its plans.
The lawyers to whom they have intrusted
the task of paving the way for a test of
the new county government act are OF the
opinion that the Supreme Court has al.
ready decided the very point in issue in
favor of two-year terms.
The county government act provides
that in all other counties but those of the
eighth class the terms of the county Off
GERS shall be four years. In the excepted
class the terms are liked at two years.
This is the clause that it is claimed the
Supreme Court has already passed upon.
Among the lawyers who have given the
point consideration arc General w. II. L.
Barnes Of San Francisco and Major An
derson OF Sacramento. Both argue that
the act is invalidated by the exception
above noted. 1t is understood that the
exception was deliberately made for the
benefit of Fresno County. The exception
was made when Mr.. Anderson was mem
Der of the Assembly, and he warned the
Judiciary Committee at the time that the
Supreme Court would hold the law to be
invalid.
The case in which the Supreme Court SO
claimed is that of Welsh VS.. Bramlet. In
the decision, which is found in 98 CAL,
occurs the following language:
Sec. 4, article XI, of the constitution pro-
vides that "the Legislature snail establish
system of county governments which shall be
milf thrn1 1yhA ont fho Sfata
that the system" or plan for the government
OF the several counties in the State shall be
| uniform, so that its several parts shall be
applicable to each county. The Legislature is
| forbidden by the constitution from passing any
| local or special law regulating county or
township business Cart ", sec. 25), or ''pre-
counties" (Art. ~. sec. 25). Sec. 3 OF article
! XI directs that ''the Legislature, by general
and uniform laws, shall provide for the eIec-
tion or appointment in the several counties
| OF ...... such county, township and municipal
| officers as public convenience may require,
and shall prescribe their duties and fix
! the constitution is mandatory, and must
| be construed only as giving to the Legis-
| lature the exclusive authority to provide for
| the officers in the several counties, fix their
| terms of office and prescribe their duties; but
also as declaring that such provisions must be
| made ''by general and uniform laws" and that
any law which the Legislature may enact upon
| these subjects must be uniformly applicable
| TO all the counties in the State.
TO be appllca to all the counties of the State.
Its title is 'tAn,act to establish uniform sys-
tenn OF county and township governments. The
first 161 sections of the act are devoted TO pro-
visions for the various officers of the counties,
authorizing their election, fixing their terms
OF office and prescribing their powers and du-
ties. Section 162 makes classification of all
the counties in the State, according to their
population, "for the purpose of regulating the
vided for" making ffty-three classes for the
ffty-three counties into which the State was
divided. This classification is criticized as be-
| ing in eontravention of the evident purpose of
the constitution. but it was held In Longan VS..
Solano County, (65 Cal, 1851 that the consti-
tuition had conferred upon the Legislature
its action therein is not reversible by the judi
ciary. Sections 1925, both inclusive, pro-
| vide for the compensation of the different
county officers in the several classes.
In these sections, in addition to providing
| for the compensation of the various officers in
the several classes, are found other provisions
tain classes which are not made for all classes
! fixing the terms of county officers in some
classes at four years, while the section which
declares the term of county officers generally
| limits it to two years-establishing special fee
bills for certain classes, fixing the fees of wit
nesses and jurors in other classes, prescribing
rules for the conduct of courts and fixing
| penalties for violation of ordinances which are
applicable to only one or more of the several
| classes. 1t is, however, unnecessary here to
| consider the particulars in which the uni
tormlty OF the law is destroyed in matters
| other than those which refer to the office and
duties of the District Attorney. When
ever it (the Legislature) attempts to enact
law for one more of the counties of the State
upon subjects that it is directed to provide for
by general laws, or which are to form part of
! uniform system for the whole State, whether
such counties are designated directly by name
or by reference to a class into which they have
been placed for other subjects of legislation, it
infringes these provisions of the constitution.
We must take judicial knowledge that there
Is only one county in the State whose popula-
tion places it in the eighth class, and If an act
is passed by the Legislature that is applicable
to only one county in the State whose popula-
ton places 1t in the eighth class, and If an act
is passed by the Legislature that is applicable
to only one county in the State, it does not
cease TO be local act by reason of the fact
that it purports to be applicable to class of
counties which the Legislature is not author
lied to create for the purpose of such legisla-
ton and OF which that county constitutes the
only member.
The opinion is signed by De Haven,
Fitzgerald, Garoutte and Beatty.
This opinio was rendered before the
new county government act was passed,
but it is stated that the language is so
plain that it is surprising that its princi-
pies were misunderstood.
SO confident are the politicians that the
act will be repealed that they are now law
ing wires for the offices that may be voted
for next November. Nothing can be done
till the proper time for the filing of nom
nations, when, if the County Clerk refuses
to issue the necessary certificate or ad-
minister the proper oath, mandamus pro-
ceedings will be resorted to.
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