The herald., 1897-03-02
. LAW VERSUS Precedent.
The County Clerk as Clerk
of Court
Legal WRaNGE OYER The Dual ROLE
The Supreme Court Decides a
Curious Case
THE WINTERS BURGLARY
The County Officials File Their Monthly
Reports
Giovanni Sardagua Sued for Alleged Sharp
Practice
THE WINTERS BURGLARY
The County Officials File Their Monthly
Reports
Giovanni Sardagua Sued for Alleged Sharp
Practice
New Rule to Be Adopted In Granting Mar
risge Licenses-A Judgment Error.
New sults FiIed-Mlscei-
Ianeous Notes

The little difficulty that arose between
the county clerk in his capacity as
clerk of the superior court, and certain
of the attorneys practising at the Les
Angeles bar, anent petition presented
to the board of supervisors, is, it ap-
pears, not ended but merely in abey-
ance.
The attorneys insist that they are Of
fcers of the court and are supported IN
the position they have taken by the
code and a long line of decisions. BE
that as it may, it is certain that the law
makes it their duty TO represent their
clients in court and in all transactions
with the clerk of the court, and when
a case has been carried to successtul
issue to accept payment of judgment
and satisfy the same of record in the
clerks office the clerk having the GUS
tody and care of all the files and rec
ords.
The judicial branch of the govern
ment is quite distinct from either the
legislative or the executive and the at
torneys insist that it is not their duty to
dance attendance upon the legislative
branch of the county government, in the
discharge of their duties before the
courts and in closing court matters with
the clerk of the court. The legislature,
with that wisdom-or lack of it-has
by statute made the clerk of the su-
perior court ex-officio clerk of the legis-
lative branch of the county government
The attorneys contend that the clerk
of the court should attend to his duties
as such in as distinctive character as
he would if the legislative branch of
the county had a secretary who was not
such ex-officio, but some person other
than the clerk of the superior court.
They claim further that ii is the duty of
the clerk of the court to aid and assist
In closing all court matters and that
he has the power to do so without re-
ferring the attorneys or their clients to
the board of supervisors, or legislative
branch of the county government.
Practically these were the contentious
ventilated in the opinion filed with the
board of supervisors to which five ex-
Judges and a long list of the oldest and
best established lawyers in the county
appended their names. 1t may be add
ed, however, that these gentlemen
Furthermore maintain that the clerk of
the court receives money deposited and
paid on judgments in trust, and that the
statute of limitations does not run
against trust funds; that depositing
these moneys in the bank or with the
county treasurer does not change their
nature or their title, and they laugh to
sdorn the idea that after two years or
any other time. there is any presumption
that they are not attorneys in the cases
In which they have been employed and
still remain attorneys of record. These
gentlemen of the long robe cite cases
when the litigation has continued far
in excess of two years in active contest
before the courts, and they claim that
to give validity to such a presumption
would result in all marriages being dis
solved at the expiration of two years
and inaugurate an era of chaos in all
the varied phases of business life.
Meantime this little spat between the
clerk of the court is funny. for though
the attorneys have had most to say the
clerk has stood pat, and. so far, has
held winning hand. When he was
first shown the opinion, heretofore al
luded to, he naively remarked, Il do
not think the opinion right" Events
10 far have shown that his opinion as
pitted against that of the learned eX-
Judges and the host of attorneys thrown
in Is correct.
The opinion of Chief Deputy District
Attorney Holton. given upon request of
the board of supervisors, while not
touching any of the points raised, has
really left the whole matter just where
1t was before the legal lights registered
their first kick. And so far the clerk
Of the court is justified.