The herald., 1896-12-24
RIVERSIDE COUNTY Wins
In the Suit Against San
Bernardin0 County
JUDGE M'kINlEy'S CRUSIIC OPINION
The Commissioners Scored for
the Frauds Practiced
ALLOWANCES WERE UNJUST
The San Bernardilo Valuation Convcn.
lent But Absurd
The Commissioners Must Perform Th If Duty
Over Again
The San Bernardil0 Valuation C0nven.
lent But Absurd
The Commissioners Must Perform Th ir Duty
Over Again
Along the Lines Laid Down by the Court
and Within the Limits That Are
Clearly Defined-Certain
Omissions to BE Made

Judge Mckinley Is marking the end
of his judicial term Oh the bench by the
rendering of several decisions of the
first Importance.
Last week was handed down a de-
cision in the Lytle creek water case that
was the elimination of thirty years of
litigation Yesterday he handed down a
decision in the case Of the county of
Riverside vs. the county of San Bernar-
dino ct al.
The last suit resulted from the diff
cuities arising out of the division OF
Riverside county, and presented many
complications for the consider alton of
the court
In his opin ION Judge Mckinley exam
ines the provisions of the act of March
II, 1893, prov1yJ.,s for the formation OF
the county of riverside, and incident
a'jg alludes to the fact that the power
of the legislature over the division of the
assets and liabilities Of q divided coun-
ty is we'll established. Proceeding to ex
anime into the duties devoiving upon the
commissioners appointed to make the
apportionment. the court says:
AN OVERWHELMING FRAUD
'"The circumstances of this case go
irg to establish fraud on the part of the
commissioners are numerous and over
whelming 1t appears that the COM
missioners were appointed in June 1898,
put did noting in the way of the practical
performance of their duty beyond for
nal organization until January. 1894.
The mere fact of such delay alone would
perhaps, have no great tendency to es-
a a nj ~ nj hllt
nected with the delay was evidently the
purpose to secure the consent of the
Riverside commissioners to an award
in accordance with an agreement claim
ed to have made between persons repre-
senting those desiring the approval of the
act organizing Riverside county and the
governor.
THE majority of the commission,
having evidently concluded that the con-
sent of the Riverside commissioners
could not be obtained to the performance
q of this purported agreement. proceeded
more rapidly in January. 1894, in the
performance Of their duties An ex-
pert was appointed for the purpose of
preparing full data with reference to the
assessed valuatio of the counties. the
property belonging to the old county
and it's Indebtedness AS mathemati-
cal genius well fitted to make a report
which would reduce the Indebtedness of
San Bernardino county to Riverside
county to minimum, this expert was
an eminent success. One of the exhibits
of Indebtedness made by him and adopt
ed by the commission and forming part
of the award was a list of the salaries
which would accrue to all of the county
officers of San Bernardino county be-
tween the date of the taking effect OF the
act and the expiration of their terms.
together with the amounts to be paid
deputies in those offices. many of them
occupying positions without authority
of law, and officials whose salaries were
created by an act taking effect after
tie Riverside act. the whole amounting
to the sum of S11S,OoO This amount
was included in and formed the greater
portion of the amount which the COM
mission determined to constitute the in
debtedness of San Bernardino county
THEIR SANITY PRESUMED.
"The inclusion of the future salaries
of county officials and their deputies in
the Indebtedness of San Bernardino
county has neither the sembance OF law
nor equity to Justify it, The statute
provides that the commission shall as
certain the Indebtedness of San Ber-
nardino county at the date of the talk
ing effect of the act for the organization
of Riverside county. The commission
ers are presumed to have been in the
possession of their natural faculties and
the understanding of the EngliGh lam
guage. If they were advised by coun-
sci that these amounts were properly in
cluded as a portion of the indebtedness
of the county on the 18th of March, 1893,
it Is no justification for their action.
1T is safe to say that neither of the COM
lnissioners who, the evidence shows. are
bankers, would include in the statement
,of the indebtedness of his bank at any
fixed time future salaries of its offic-
ials, although they had been employed
for term of years. The allowance of
this amount Is an act so grossly unjust
that 1t is of itself strong evidence of
fraud.
1.-THE evidence also shows that at
j least. one of the commissioners Joining
dn this determination was not familiar
with the contents of this exhibit, did not
know all that was included in it and
was taking 1t upon blind faith in the ex-
pert without examination. which, of
itself was misconduct 1t is reasona-
BILE inference that this amount was
charged UP as Indebtedness of San
Bernardino county for the purpose of
reducing the award of Riverside. The
consultation of counsel with regard to
1t Is rather an aggravaton than an eX-
cuse. 1t is not of itself improper for
a person filling a position of this kind
to take the advice of counsel. but he
cannot shield himself by advice which
common sense must teach him is err
roneous The relations of the counsel
who were consulted to the parties is
another evidence tending to show fraud
upon the part of the commissioners.
COUNSEL NOT IMPARTIAL.
t'The counsel were employed by the
county of San Bernardino, one of the
parties to the controversy and were ev-
identity acting on behalf Of the county
and not as impartial advisers of the
commissioners. All the legal advice
taken and followed by the commission
sers was given them by counsel who were
appearing before them as the represent
atives of one of the contesting counties
and introducing evidence on its behalf
1.-THE determinatio of the commits
sioners as to the valuation of the prop
erty Of San Bernardino county Is an
other circumstance which, taken with
the others, strengthens still more the
claim chat their action was fraudsiierft.