The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

of FreehoIders in 1880, and the validity of this
election and the power OF the board to frame
charter was upheld in People VS.. Hoge, 90
Cal, 612, upon the ground that under this
section of the constitution San Francisco was
a city. In Staude VS.. Election Commissioners.
81 Cal, 3l3, il was held that the provisions OF
section 4109 of the Political Code, as amended
in 1881, by which the time for the election of
city and county as well as other officers
throughout the Slate was changed, were APP
plicable to San Francisco by virtue of the
clause in section q of article XI, that "cities
or towns heretofore organized shall be subject
TO and controlled by general laws" 1t may
therefore be regarded as settled by the de-
cisions of this court that the City and County
of San Francisco is a municipal corporation,
and in matters OF government is to be regarded
a city.
But, while the people of San Francisco are
thus TO be regarded as under municipal gov
ernment, with the right to select officers TO
execute the powers of that government accord
ing to the terms of its charter, the territory
over which that government is exercised is at
the same time county, and tortbose purposes
for which county officers exercise authority,
not derived from the charter and disconnected
with municipal government its officers are
properly termed county officers. Considered
IN its political and judicial relations 10 other
portions OF the State the officers elected by Its
voters, to the extent that they exercise only
such powers as are given by laws relating
merely to counties and who do not derive any
of their authority from the charter, are 10 be
regarded as county officers as distinguished
from city officers.
struction OF the terms county" "clty" and
Getty and county," as they are used in the
constitution. The term county" is some
times used therein as geographical subdi-
vision of the State; sometimes a political
division for the exercise of governmental
functions, and in the latter use, it is some
times employed as the equivalent OF "city and
county," and sometimes as distinguished
tnerefrom; and the term "city and county" is
sometimes used as the equivalent OF ''city."
San Francisco is distinctly recognized therein
the QeDRranllcal OlValent Of cOunty-aS
in the provision for the election OF Judges OF
the Superior Court, and for Il formation OF a
district for the election OF a Railroad Commits
| sioner: and to hold that it is not county for
any purposel would render imperative many
provisions of the constitution and OF the
statutes of the States which have heretofore
been recognized as applicable to 1t, with the
result that unsupported difficulties aud per-
plexities would arise in the. administration OF
justice.
sufficient to call attention to the fact that
there would be in that city no provision Tor q
Grand Jury or for Board OF Equalization, or
for the exercise of any appellate jurisdiction
by the Superior Court, or for the exercise OF
eminent domain, or for creating the lien OF a
Judgment upon real estate, or for the probate
of wills, or ior filing articles of Incorporation
and the practitioner will readily perceive
the confusion that would result in criminal
as Wei as San IN he
excluded wherever the term county" is used.
The case of the city of st. Louis was
cited.
The Missouri case was held to be some.
what analogous to the San Francisco case,
and the opinion goes on as follows, after
stating the facts concerning the extension
of the boundaries of San Francisco, etc.:
Title II of part OF the Political Code is de-
voted to THE Government OF Counties, ana In
chapter of that title are found provisions
designating the officers OF county and pre-
Scrlbng their powers and duties. Until this
portion OF the Political Code was superseded
by the county government act 1t was the only
statute OF the State which defined the powers
and duties of certain officers elected by the
voters OF San Francisco, and upon the enact
ment OF the county government act that
statute alone became the source from which
these officers have derived their powers.
San Francisco is, therefore, both city and a
county, and although the boundaries OF the
two bodies corporate are co1nc1dent the cleo.
tors within this territory vote for officers
whose authority and functions are derived ex.
cIuslvely from the charter Of the city, and also
Tor otncers whose powers and duties are pre-.
scribed by general laws and upon which the
charteris silent. IL must follow from this that
some of its officers are city officers and others
are county officers. There is nothing unusual
or inconsistent in this.
1t would not be commended, if the city was
only a portion OF the county or II the county
should be composed entirely OF incorporated
cities, that the State would be precluded from
authorizing the election by the voters of the
county OF officers to carry out those provisions
OF IT'S laws which pertain to the State at large
ana which have no connection with munici.
pal affairs, and this rule is not changed where
the county consists of single ci;y, instead OF
| several. Although the same body of voters
the officers chosen by them are distinct in their
nature, and the character of the officers must