The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-01-13
CLARK IS CORONER AGAIN.
The Supervisors Have Appointed Him
Tor the UneXpired Term.
District Attorney Ryan Gave His
Opinion That the Former APP.
pOintment Was Illegal.

The Board of Supervisors meeting
yesterday morning was opened by Nor
rlson asking the board what they
wished to do in relation to the pub
alshing of the sefni-annual statement
OF the boards business, which the law
provides for. He thought that this time
IL might be published as a synopsis this
n-onth and detailed statment at the
end of the fiscal year. The law does
not prescribe whether it shall be made
by the Treasurer, the Auditor or the
Clerk.
Jenkins suggested that the matter be
referred to the Printing Committee, to
consult with the District Attorney and
ask his opinion as to who should make
the report. 1t was decided to do So
A large number Of bills were allowed.
he claim of DR.. Simmons for treat
ment of Frank Aschnauer, the juror
Who was taken sick in the courtroom,
after he was taken away, was re-
5ected.
The District Attorney read the opinion
asked for in relation to the appoint
ment of George H. Clark as Coroner
by the board. He quoted from the
Political Code and the County Govern
n1ent Act He quoted from a decision
of the Supreme Court in a similar case
to the effect that the Supervisors could
Only appoint to an Office in accordance
with the Political Code by petition, and
gave it as his opinion that the section
of the Code quoted was not repealed
by the County Government Act, even
If it were not mentioned in that Act,
and that, as Clark had not filed a Pc
titlon, his appointment was not legally
made.
Albert NJ. Johnson, attorney for
Clark, said he wished to make an ex-
ptanation in justice to the Acting Cor
orer. The question of law was an OBJ
scure one and one on which lawyers
might differ, and a Judge might differ
hom them still. Another thing when
the appointment was made, it was the
province of the board to determine as
TO whether Clark had filed a petition
or not
The superstition has been that the Sec
ton quoted had been repealed by the
&C unity Government Act, and the board
fas, in the case of J. Henry Miller,
who resigned as Auditor and Frank T.
johnson was appointed in his place
without petition and served out his
term. Several similar appointments
have been made, and the question has
never been raised until now In order
to save his rights, Mr. Clark would en-
ter his protest against any disturbance
of him in his position, and under that
protest he would file a petition, as Mr.
McMullin had done
fTna TaptitipnS of
were read and Curtis moved that under
the opinion of the District Attorney the
board proceed to fill the vacancy. under.
his original resolution. The resolution
was read and Mclaughlin seconded the
motion.
The resolution was adopted unani-
nously.
Morrison asked the District Attorney.
who, under the opinion he had given
regarding the publication of the state
ment OF the boards actions should
make up the statement for publication.
The District Attorney said that the
law provides that the board should
cause to be published" etc, and he
thought it a matter for the board to
decide
Morrison said the Clerk could not do
81 as dLlrI biA- CldIIlS were allowed
the book containing the record passed
out Of his hands into those of the Aud
itor.
Mr.. Ryan said the Auditors duties
are defined by law and he cannot be
compelled to make the statement. He
thought the board would have author
ity to employ some one to do the work.
Mr.. Lyman appeared before the board
in relation to the pump at the County
Hospital. He had procured prices from
a San Francisco firm and also from
Holbrook, Merrill & Co. The latter
quoted the lowest price and Lyman
gave them the contract, but when they
wrote down TO the other firm they re
fused to furnish it, except for an in
crease of $50 in the price
Mr.. Enright for the firm of Holbrook.
Merrill & Co. corroborated this state
ngent, and said they had a pump that
was newer and better than the Gar
rett pump. which the firm would put
IL at the original price and guarantee
that, IL it did not give satisfaction, it
would put in a Garrett pump in it's
place.
Morrison said that Mr. Laurenson,
the engineer. had told him that he con-
sidered the Dali pump better than the
Garrett.
Mclaughlin objected to allowing the
change, and Curtis said he did not like
changing the contract, but as the pump
was said to be better than the Garrett,
he would consent.
The board voted to allow the change
under the guarantee of Mr.. Enright, and
then took a recess till : p. m.
AFTERNOON SESSION.
When the board recOnyened Chairman
Jenkins declared that nominations for
the position of Coroner We're in order,
under the opinion of the District Attor-
ney.
Curtis said he would nominate a gen.
4lenan who had filled office in this coun-