Amador ledger., 1903-08-07
Justices and Constables' Petition.

The following petition was presented
to the board of supervisors last Mon
day:
We the undersigned justices and con-
stables of Amador county do most re-
spectfully petition your honorable
board, and represent as follows:
On the 10Th day of March, 1908, the
legislature of the state of California
changed our compensation in criminal
cases from fees to salaries.
That this board has laid over all our
claims presented for fees in criminal
cases, subsequent to said 18th day of
March, 1908.
That the auditor of Amador county.
Z. l.. Culbert, has refused to draw our
salary warrants since the said 10Th day
OF March, 1903, Notwithstanding a
Judgment of the superior court of Anna
dor county directing him to do so.
That the said auditor intimates that
he may appeal from said Judgment to
the supreme court of the state of Cali
fornia.
That we are advised and believe it
will take two years to decide said con-
templated appeal, and in the meantime
1t ls proposed that we serve the county
and citizens thereof without compensa-
ton. Or in other words, that we
should get nothing for our services
under the old law because it has been
repealed by the new, and that we
should get nothing for our services
under the new law because it is uncon-
stitutional.
We submit this is unfair and unjust:
none of US are men of large means, and
most of us have families to support,
and are in urgent need of the small
salary due US for services rendered.
Twenty eight counties in this state
are paying their justices and consta bles
in criminal cases salaries instead of fees,
and it remained for the officers of
AmadOr county to make the first OBJ
jections to the law.
Such counties as Santa Clara and
Alameda pay thousands of dollars to
their justices and constables every
month, while the amount provided for
us under the salary law ranges from
$35 to $50.
The identical question involved in
this salary law has already been de-
cided by the supreme court of this
state, in the case of Vail VS.. San Diego
county, 136 Cal Reports, D SO, where
it is held that the legislature can
change the mode of compensation OF
public officers from fees to salaries
after their election and during their
term of Office. 1t has also been de-
cided by numerous superior courts in
the past 10 years.
We do not want to be forced to re-
sign our offices, but we certainly think
that no fair-minded taxpayer wishes us
to serve for two years for nothing, OF
wait that time for our pay.
We respectfully call to the attention
of the board that our claims against
the county expire by limitation in six
months, long time prior to the time
a decision can be obtained by the su-
preme court.
We are all under bonds, secured by
responsible sureties. If these salaries
are paid to us we and our bondsmen
are responsible to the county for the
return of the money if it should ever
be decided we are not entitled to the
same.
We therefore ask that our salaries
be paid to US as we earn them, and we
or our bondsmen will refund the same
if they are ever declared illegal.
Otherwise we ask this board to grant
us some practical relief from our present
embarrassing position. Signed by all
the justices and constables in the
county.