The herald., 1897-02-24
some LEGAL Difference
Regarding the Interpretation of
an officials Duty
DR.. BARBER'S SALARY
The San Pedro Railway Franchise Is
Denied
James McLachlan Appointed Delegate to a
National Conv en- .ion-The Supervisors
to neet In Los Angeles In April


A little cloud of difference, no larger
than mans hand a present, has loom
ed up over the board of supervisors and
the district attorneys office. and is cast
ing a shadow also upon the office of the
county clerk.
There is no reason to suppose this
little cloud will burst, and IL it does it
will result in a storm in a teacup-one
of the infinitesimal proportions.
1t has resulted from a difference in
opinion existing between County Clerk
Newlyn, in his official capacity, and
number of the attorneys practicing at
the Los Angeles bar. Brief mention of
the points of difference have heretofore
been made by the Herald, but inasmuch
as the matter appears to be arousing
considerable feeling, more detailed men
tion is herewith made of them.
On February 10th, the following petit
ton was filed with the board of super
visors. 1t will be noted that while the
document is somewhat in the nature of
a petition it is also given as an opinion:
Opinion-'That the attorneys are
officers of the court, and are au-
thorized by law to represent their eli
ents. and deposit money with the clerk
in trust for the payment of any fees that
may accrue, and further authorized by
law to collect all money that has been
paid to the clerk in satisfaction of judg-
ments. and to satisfy the same on the
docket. and receipt to the clerk for any
money not exhausted as fees in the pros
ecution of cases.
Such is the law and the practice, and
the only convenient and correct way OF
doing the busines Any other system
will eventually confuse the books of the
clerk of the court A warrant ordered
drawn by the board of supervisors may
not appear on the books of the clerk of
the court showing that the same has
been refunded. thus leaving an opening
for untold complications and errors.
while according to the regular method of
doing the business there can be no mis-
take in the matter.
Therefore, we recommend that the
board OF supervisors pass the following
resolution for the guidance of the clerk,
the attorneys and all parties in interest.
Resolved, That the clerk of the
court be hereby instructed and empow-
cred to make settlement with the srttor-
neys of record in all cases. and refund
and pay any money not exhausted as
fees in the respective cases, when such
cases shall be terminated by judgment.
dismissal or otherwise, as has been the
law and practice in this court in the
past"
Signed Marble & Phibbs. L. w.
Scott, of Lee & Scott: F. E Lacey.
Knight & Harphan. Mckinley &c Graft,
z. E. Powers, Kendrick & Knott, Guth-
re & Guthrie, Murphy & Gottschalk, A.
w. Hutton, Works & Lee. Will d. Could
S. o. Houghton, w. e. Cox, Anderson
& Anderson. Winder & Davis, w. A.
Cheney, Borden & Cahart. w. r. Bacon,
Brousseau & Montgomery, Graves,
O'Melveny & Shanklr
Inasmuch as the signatures to this
"opinion" include some of the foremost
legal talent in the city, the board of su-
pervisors did not take offhand action,
but on the 18th inst. referred the matter
to the district attorneys office for ad-
vice as to the duty of the board in the
premises"
Yesterday Chief Deputy Holton gave
to the board his opinion on the "opinion,"
and II reads as follows:
1t is in said opinion recommended
that the board of supervisors pass a
resolution for the guidance of the clerk
etc.
"Sub-division /. of Section 25. of the
County Government Act provides that
Niic bpdI u VI supervisors nave power To
supervise the official conduct of all coun.
~ officers but this does not authorize
and am not aware of any statute which
does authorize the board of supervisors
TO pass resolutions for the instruction of
the county clerk as to what are his OF
icial duties"
NOW the signatories to the "Opinion. :"
with the big o, maintain that the opin-
ION of Mr.. Holton does not touch the
nninf raised hIy boy
sion or the issue. What they are try
ing to get at is pronouncement as to
the off1cial duties Of the county clerk
The signatories to the big "Opinion" are
numerous enough and learned in the law
enough to feel certain that they have
accurately defined the county clerks
duties in the premises but the district
attorneys office has not Joined in the
cry of Me, too. Pete" and SO the board
of supervisors is in juandary what to
do.
Meantime the matter has gone over
for further consideration
SAN PEDRO FRANCHISE DENIED.
The proposed ordinance granting to
George S. Van Every, b. F. Lewis and
their assigns the right to construct and
operate an electrical or steam railway
along Wilmington avenue was denied
The route over which right cf way was
desired was as follows: Beginning at
the southerly boundary Of the city of
Los Angeles at the point where Will
mington avenue intersects said south
erly boundary OF Los Angeles city
thence running in a southerly direct ton
over and upon Wilmington avenue.
continuously and without interruption,
to the point where sal | Wilmington
avenue enters from the north the town
of Wilmington, extending thereon from
the said town of Wilmington along the
margin of Wilmington slough over and
upon what is known and designated as
the county road" to the point where
said county road enters the city of San
Pedr0. together with the right to make
the necessary curves at the road or av-
enue intersections.
DIR BARRIERS SALARY DISCUSSED.
On motion of Supervisor Hanley. the
question whether the salary of the su-
perntendent of the county hospital
should be fixed at 5000 per month from
March 1st, during the pleasure of the
board, came up for consideration. Here
tofore Dr. Barber has been receiving a
salary Of $3.50 per month, the amount
fixed at the time he was non resident
at the hospital. Now that the conditions
are changed as a mere business PROPOSE
ton, the matter was again brought up
mittee with instructions to report at the
next regular meeting of the board.
Supervisor Field was authorized to
purchase a new range for use at the
county hospital