The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-10-27
SHERIFF MUST STAND ALONE
HE CANNOT LEAN ON THE TAX
COLLECTORSHIP.
Judge johnson Says the Offices
Are Distinct-Bugbey wins
His Point.

Now there will probably be scram-
BILE for the office of Tax Collector, Wnlcn
carries with it that of License Col
lector, for Judge Johnson yesterday
made an order granting the petition OF
B. n. Bugbey, requiring the County
Clerk to segregate on the official ballot
the offices of Sheriff and Tax Collector
and to insert therein his name as a
candidate for the latter office, ne nav
ing been nominated therefor by the
Silver Republicans.
Judge Johnson delivered quite a long
oral opinion, in which he held that the
remedy sought by the petitioner was
the proper one, and that the court
has jurisdiction in just such cases I'M
der the provisions of Section lZOo OF
the County Government Act.
He also held that the Act of the Leg
islature of 1874 consolidating the two
Offices was repealed by the County
Government Act of 1896, which in its
designation Of county officers enumer-
ates a Sheriff and a Tax Collector.
AS to the resolution adopted by the
Board of Supervisors several years ago,
declaring the offices of Sheriff and Tax
Collector consolidated, Judge Johnson
held that it did not conform to the
law-that a resolution is not an ordi-
nance in the meaning of the statute.
In short, he ruled against the re-
spondents on all points, and now Coun-
ty Clerk Hamilton will have to rear
range the official ballot by placing
Bugbey's name thereon as a candidate
for Tax Collector. If. however, there
should be an appeal from this order
and the Supreme Court should hold
that the two offices had been legally
merged in one, and the separate Tax
Collector should be ousted, whoever
may be elected Sheriff will of course
assume the duties of Tax Collector.
Although Bugbey is the only person
put forth by any convention or party
for the Office of Tax Collector, and
therefore the only person whose name
can appear on the ballot in that con-
nection, it does not follow that he has
to use common expression-a "cinch"
on the office. Any voter is at liberty
to write on his ballot the name Of the
person whom he prefers for that Of
flee, and if the number Of candidates
should not become too numerous Mr..
Bugbey may find that he is not the
only man with a political bee in his
bonnet.
While heretofore the office of Tax
Collector has been a source of expense
to the Sheriff, rather than one of, profit,
henceforth it will be nice little berth.
The salary is to be $500. and there
should be something like 81, 500 or more
in the License Collectorship. Already
there is talk of several persons as
prospective candidates.
In the proceeding before Judge
Johnson the County Clerk was repre-
scented by Deputy District Attorney J..
Charles Jones, Devlin & Devlin ap-
peared as amicus curae, and Hiram
w. Johnson looked after the interests
of his namesake, Sheriff Frank T.
Johnson,
If Judge Johnson's position is cor
rect the offices Of Auditor and Recorder
are also separate and distinct, as their
consolidation rests upon the validity Of
the same resolution Of the Supervisors
by which the offices of Sheriff and Tax
Collector were joined.