The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-10-27

who shall be ex officio Tax Collector;
one Auditor, who shall be ex officio Re-
corder, and such other county officers
as are now provided by law.
By virtue of this section the Sheriff
Of this county became by virtue of his
office the ex officio Tax Collector, and
that Office continued so until the adop-
ton of the County Government Act
in 1888, which was passed by the Leg
islature at that ime.
We find that Article IL, Section 4,
of the Constitution of 1879, provides:
"The Legislature shall establish a
system of county governments. which
shall be uniform throughout the state,
etc. After the adoption of the Const1-
tuition, as / said before, the Leglsla-
ture in 1883 passed what is known as
the County Government Act. 1t IS
admitted that it was passed In pursu-
ance of the section and article OF the
Constitution just read. It is entitled
IAN Act to establish a uniform system
of county and township governments.
In that Act, Section 81 the Leglsla-
ture provided for the offices OF the
county a Sheriff, a County Clerk, an
Auditor, a Recorder, Tax Collector'
District Attorney, an Assessor,
Treasurer, a superintendent or Schools
Public Administrator, Coroner
SURVEYOR and a Board of Supervisors.
IT is commended by counsel that that
section is not in conflict with the pro
visions of the Act, Section /, OF 1914
but if seems to me that / cannot agree
with him.
In the Act Of 1884 it provides Tor
the election of a Sheriff of this county,
also for an Auditor. It provides that
the Sheriff shall be ex off1cio Tax COL
lector. This. Act says what the ooun-
ty offices shall be and enumerateS
them. There is an express provision
of the statute and expresses the Will
of the Legislature, what the offices
of a county are, and provinces
that in certain counties some OF
these Offices may be united in the
same person. There is certainly, as |
can see, a contradiction. There snaA
be a Sheriff and Tax Collector. Inc
other saws the Sheriff is ex officlo Tax
Collector.
Now Section 262 of the County Gov
erpment Act says: "All Acts ana paris
OF Acts inconsistent with these section'
are hereby repealed" II the sectlon
being inconsistent is repealed Sectlon L
Of the Act of 1874 is repealed by the
Act of 1888 Therefore, so far as the
Sheriff of this county being ex o1nclo
Tax Collector is concerned, thlhk ne
ceased to be such as soon as the
County Government Act was adopted
in 1888.
I must find so far as the demurrer
is concerned that the offices are sep
arate.
Whether they have been united as
provided by the provisions of the ACT
Of 1888 is a matter I suppose viii be
shown when we go into the merits OF
the case.
I have not been shown any law to
entitle me to find they have been con-
solidated, but respondent is not pre-
cluded from doing SO If it is fact.
The next question is somewhat diff
cult, in fact both questions are difficult
to be sure. There may be some merit
in the contention as made by counsel,
but cannot see my way clear to agree
with him.
The next question as to whether the
County Clerk is the proper person to
proceed against or the Board of Super
Yisors.
The question as to whether a procla-
nation is necessary to the validity Of
elections under our Acts, so far as the
county offices are concerned. Now we
must be governed in determining this
question, by the provisions Of the code.
There is a general provision in this
relation. We find Section 1041 of the
Political Code says: There must be
held throughout the State, on the first
Tuesday after the first Monday of No
vember, in the year 1880, and in every
second year thereafter, an election, to
be known as the general election" and
Section 1043 is as follows: Special
elections are such as are held to supply
vacancies in any office, and are held
at such times as may be designated by
the proper board or officer" Section
1858 deals with election proclamations
and is as follows:
AT least thirty days before a gen.
eral election, and whenever he orders
a special election to fill a vacancy IN
the Office Of State Senator or member
of the Assembly. at least ten days be-
fore such special election the Governor
must issue an election proclamation,
under his hand and the great seal of
the State, and transmit copies thereof
to the Boards of Supervisors of the
counties in which such elections are 10
be held"
Section 1855 is as follows: "The
Beard Of Supervisors, upon the receipt
or such proclamation, may, in case of
general or special elections. cause a
copy Of the same to be published in
| some newspaper printed in the county.
II any, and to be posted at each place
OF electlon, at least ten days before the
election; and in case Of special cleo
ions TO NIL vacancy in the Office Of
| state senator or member of the As
senply, the Board of Supervisors. upon
| the receipt Of such proclamation in
thelr discretion, cause a copy of the
same 10 be published or posted as here
INTO before provided, except that s,1ch
publication or posting need not he made
Tor longer period than five DAYS he
lore such election"
Section 1856 is the only section ,-b,o,,
seems to provide for defamation h1
the Board Of Supervisors .eyvbena,,er
a special election is ordered ~. 10
ooalo OF supervisors, they must issue
on eiectioh proclamation containing the
same statement provided for in Subdi
VISION Oh section 1854, and must pub-
iiSh ana post 1t in the same manner nc
ORGANIZATIONS issued by the Governor >,
AheSe are the only proclana tiops
provided Tor TO be issued by the BOARD
VI SUPERVISORS, unless, as counsel
contends, that Section 1131 of the Po-
iillca4 Code is an election proclama-