The record-union., 1899-01-07
BuGBEY WINS HIS SUIT.
JUDGE HUGHES DECIDES IN HIS
FAVOR.
SHERIFF johnson Surrenders the Of
ice and Books and Bugbey
Appoints His Deputies.

Judge Hughes yesterday rendered MS
decision in the application Of B. N.
Bugbey for an order delivering 20 him
The office and books of the County TAX
Collector.
In rendering his decision Judge
Hughes said that the opinion had been
hastily prepared. from the fact that SO
little time had elapsed between the pre-
sentation Of the case and the decision,
and he had not been able to give Inc
matter the amount of thought he Woulo
have liked to give it.
Mr.. Bugbey has applied to SherlH
johnson for the surrender of the books
of the Tax Collectors Office, and the
Sheriff has placed him in possession OF
them. Mr.. Bugbey has chosen as ms
deputies w. L. Matlock and Charles
Weinrich, who will be paid out OF his
salary, which amounts to $500 as Tax
Collector and 81 800 as License Collec-
tor
The opinion is as follows:
This is an application of B. N. Bug
hey, who claims to be the Tax Collector
of Sacramento. County, for summary
order of this court for the delivery to
him of the books and papers of said Of
fee, alleged to be unlawfully held and
possessed by Frank T. Johnson, the
former incumbent of that office.
This proceeding is brought under the
provisions of Sections 1914, 1915 and
1O16 of the Political Code of this State.
Section 1914 of the Political Code
reads as follows:
Every public officer is entitled to the
possession of all books and papers APP
pertaining to his office, or in the Gus
tody of a former incumbent by virtue
of his Office
Section 1O15 of the same code reads:
IF any person, whether a former IN
cumbent or any other person, refuse or
neglect to deliver to the actual incum-
bent, any such books or papers, such
actual incumbent may apply, by petit
tion to any court of record sitting in
the county where the person so refus-
ing or neglecting resides, or to any
Judge of the Superior Court residing
therein, and the court or officer applied
to must proceed in summary way, at
ter notice to the adverse party, to hear
the allegations and proof of the parties,
and TO order any such books or papers
30 be delivered to the petitioners"
Section 1O16 of the same Code pro-
vides for the execution of such order
IN the event that it is granted.
The respondent, F. T. Johnson, resists
the application upon two grounds:
First-That B. N. Bugbey is not the
actual incumbent Of the office of Tax
Collect IT, and that he, the said Johnson,
IS such. actual incumbent of the office
by reason of his election and qualihca-
zion as1 Sheriff of the county Of Sacra-
nento and ex-off1cio Tax Collector of
said chunty.
ssee2nd-That the title to the Office of
TAX ollector of said county is involved
II tina proceeding, and the title to the
ottsca2can be tried and determined only
Il. q proceeding brought in the name
OF the people of the State and in the
nature of a quo warranto.
The court win consider these two
questions together. The rule is too
well settled to require the citation of
authority that title to an office may be
tried only by proceeding usually term
eu quo warranto proceeding. There
fore If the title to the Office of Tax
Collector is involved and must be tried
as between the petitioner and the re-
spondent, that the petitioner has mis-
taken his remedy, and this application
should be dismissed
Many decisions have been cited by
counsel from other States of the Union,
showing that 1t is uniformly held by the