The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
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be determined by the source of their authority
and the functions they are to exercise.
Section of article XI of the constitution
declares: "The Legislature by general and
uniform laws shall provide for the election or
appointment In the several counties of Boards
or supervisors, Sheriffs, County Clerks, District
Attorneys. and such other county, township
and municipal officers as. public convenience
may require"
In obedience to this direction, the Legisla-
ture passed the county government act of
1898 declaring what county officers shall be
elected, in which are Included those desig-
mated in the above section, prescribing their
duties and hx1ng their term OF office at four
years. Some of the officers whose election is
thus authorized are the same in name and
are given the same or similar functions as are
officers authorized by the consolidation act to
be elected in San Francisco, while others
whose election is authorized by each of these
statutes have no authority except that which
is given in the county government act.
On the other hand. the consolidation act
authorizes the election of several office RS
whose election is not authorized by the
county government act and who are not
named therein as county officers. Those Off
GERS whose election is authorized by each of
these statutes, but who are required by the
consolidation act to perform the duties
therein prescribed, 90 not cease to be NUM-
cipal officers because under the county gov
eminent act similar duties are prescribed for
county officers of the same name.
To the extent that these officers are q CON-
ponent part of the municipal government
they are municipal officers, and do not cease
to be such by reason of the fact that other
functions which pertain to county officers are
imposed upon them. The guaranty given to
the City and County of San Francisco by the
constitution of the right TO continue its
government under the charter which it held
at the adoption of that instrument until it
shall adopt another, including the right given
by that charter to change its officers every two
years, II 1t shall so elect, cannot be taken away
by the Legislature under the form of imposing
upon the Officers certain functions exercis ed
by county officers in other counties of the
hA nf
officers at four years.
But as the Territory thus placed under
municipal government still remains county,
and is not taken out of the control of the State
for all purposes not embraced within the
scope of nun icipal government, the authori-
cation by the Legislature of an election by
the voters OF that territory for officers to carry
out these laws does not make the persons so
elected city officers. The constitution has de-
clared that certain officers shall be elected
within each county, and, If San Francisco is a
county, the Legislature is authorized to pro-
vide Tor the election of these officers by its
voters, and is not precluded therefrom by the
fact that they are voted for by the electors OF
the municipality at the same time with the
election of its municipal officers. Prior to
1876 the voters of. San Francisco elected one
OF the members of the Board of State Harbor
Commissioners, but that fact did not consti-
tute him city officer.
The officers OF the City and County of San
Francisco are deSig mated in the act of Arril q
1866 Statutes of 1866, %. 71S) as follows
There shall De elected hereafter for the CITY
and County OF San Francisco, by the qualified
electors thereof, at the times hereinafter men
tloned and In the manner prescribed by law
Tor the election of State and county officers
one Mayor, who shall be ex-ofticio President OF
the Board OF Supervisors; County Judge, Po-
lice Judge, an Attorney and Counselor, Pro-
bate Judge, District Attorney, Sheriff. County
Clerk, Recorder, Treasurer, Auditor, Tax Col
lector, Assessor, Coroner, Public Admins
traitor, Surveyor, Superintendent of Common
schools, Super ntendent of Public Streets,
Highways and Squares, Chief OF Police, Harbor
Master and State Harbor Commissioner. There
shall be elected in each of the twelve present
election districts of SAID G ty and county,
which shall hereafter constitute municipal
districts and be designated and known in la "
as wards, by he qualified electors thereof, one
Supervisor and one School Director"
The term of Office Tor these officers was fixed
by the act at two years. The time for their
election was subsequently, changed, and is now
fixed b. section 4l09 of the Political Code.
The offices OF County Judge and Probate Judge
were abolished by the constitution and that OF
Harbor Master b statute
The Police Judge has been superseded by the
Judges of the Police Court, and certain changes
have been made in the mode of electing super
visors. The Chief of Police and the State Har-
Dor Commissioners have ceased TO be elective
officers. 1t will be observed tina. this statute
does not declare that these are City officers, or
are officers of the city and county, but merely
and County of San Francisco by the qualified
electors thereof" leaving the character OF the
officer whether he is TO be denominated a
county officer municipal ofi1cer, TO be de-
termined by the nature of the duties he is 10
perform and the source from which he derives
his authority.
OF The officers above enumerated, the Mayor.