Amador ledger., 1902-10-24
a PAGE FROM THE PAST.

IL Is oelng Sald IN some quarters
that the Office of county clerk is
nonpolitical one. Those of that be
lief must be ignorant of Amadors
history in recent years. The fact is,
every elective office in the county
from Judge to constable-is a politi-
cal office, and all are used more or
less in a partisan spirit. Perhaps
it is unfortunate that it is So But
every county official is expected to
bestow favor or patronage upon his
party friends, and there can be no
valid objection to this course so long
as it is confined within reasonable
and legal limits, There is more
politics in the clerks office to the
square foot than all other offices
combined, the sheriff's Office alone
excepted. The case of Dwyer VS..
Garbarini is still fresh in the public
minds. V. S. Garbarini was de-
clared elected by the official board of
canvassers as supervisor in town
ship one, in November, 1896. He
won by four votes. He was the re-
publican nominee, and by taking his
seat the complexion of the board of
supervisors would have been changed
from democratic to republican. He
was given certificate of election by
the county clerk. The margin was
too small to forgo contest. Suit
was commenced. and at the trial "a
Garbarini votes were thrown out as
illegal, aud Dwyer was declared
elected by 9 votes. 1t is too long a
story to go into details of the many
reasons why votes were rejected.
Garbarini filed a notice of appeal,
accompanied by bond of costs.
On the 4th of January, 1897, V. S.
Garbarini appeared before the board
and asked the clerk to place his name
on the roll call, as he had right to
do pending the result of the appeal.
Here is what occurred, and we ask
all fair minded citizens to ponder
over the record here given, and the
reason assigned for refusing to place
Garbarini's name on the roll. The
minutes of the board of that date
read as follows:
2. Dwyer instructs the clerk to call
his name as a member of the board,
which the clerk refuses to do.
V. S. Garbarini asks the clerk if he
has in his possession certificate of
election issued to him, said V. S. Gar
barini as supervisor of township one by
said clerk in pursuance of the order of
the board of supervisors made Nov. 9,
1896, whereupon the clerk answered
that he had, and identified the certifi-
cate of election of said V. S. Garbarini.
He stated that it was returned to him
and filed Nov. II, 1896. V. S. Gar
barini asked the clerk to read said cer-
tificate of election, together with the
endorsement thereon, and then toplace
his name on the roll of the board of
supervisors, and to call his name as en-
rolled, and to recognize said certificate
of election; whereupon the clerk read
said certificate of election together with
the oath thereon, of said V. S. Gar
barini, and the endorsement thereon,
and thereafter refused to place said
name of V. S. Garbarini on said roll
or to call the same, or to recog-
nlze said certificate together with said
oath and endorsement thereon, and
stated his reasons for the same.
AT seven O'Clock on the evening of
the same day, V. S. Garbarini presents
again the certificate of his election and
official bond, and his qualifications as
supervisor, together with the endorse
ment thereon, and demands that the
clerk recognize the same, and place his
name upon the roll as member of the
board of supervisors elected at the
election of November 3, 1896, which
the clerk refuses to do, and states his
reasons for so doing, to wit, because he
believes P. Dwyer should hold over
until V. S. Garbarini is declared duly
elected by the supreme court of the
state of California
Judgment in case No. 1888 Dwyer VS..
Garbarini, the certificate of election
and qualifications of P. Dwyer and his
official bond is offered in evidence to
the board of supervisors by W. J. Nc
Gee, attorney for P. Dwyer.
The notice of appeal in the case of P.
Dwyer VS.. Garbarini filed January 5.
1897, and the undertaking for costs and
damages on appeal is offered in evil
dence to the board by John F. Davis,
attorney for V. S. Garbarini
After due consideration by the clerk
the name of P. Dwyer is placed upon
the roll of the board, and his name is
called as member of the board of
supervisors, retaining said office as a
hold-over.
A person can continue in Office as
a holdover only when vacancy oc-
ours by reason of failure to elect, or
of the person elected to qualify. It
is. not contended that either, of these
conditions arose in this supervisor
case. 1t will be noticed that the
clerk would not recognize the Gar
barini certificate as valid, neither
did he take the position that the
Dwyer document, issued by order of
the superior court, entitled the con-
testant to the seat pending decision
by the appellate court. Both GER
tificates were ignored, on what legal
grounds we do not know. But
Dwyer's name was called as hold