Amador ledger., 1903-09-11
THE JUSTICES CASE AND THE
SUPERVISORS.
The Board Does the Butt-in Act at the
Request of Attorney for the Justices.

! edy enacted by the board of super
visors at its meeting last Tuesday. 1t
would be farcical in the extreme, were
it not for the serious side which it dis
plays, namely, the deliberate over
stepping of the jurisdiction of that
body. 1t was in relation to the pend
ing appeal OF the Justices salary case
to the supreme court. The district at
torney was absent; so was the county
clerk and auditor, c. L. Culbert. They
were appointed by the board to attend
the state board of equalization in the
interest of the county last Saturday,
and had not returned from their
mission.
W. J. MCGEE, the attorney for the
justices and constables, was there; so
were number of the justices and con-
stables whom he represented, all pre-
pared to back him up in his efforts to
prevent the suit being taken to the
higher court.
Mr.. MCGEE stated that the Superior
Court of Calaveras county had render
ed decision in a similar case pending
in that county, upholding the consti-
tutionality of the justices and con-
stables salary law, which is about the
same as the law passed for this county
The matter would be passed up to the
supervisors of that county at their
meeting Tuesday. In this aspect of
the case he wanted Amador county to
forego taking an appeal, and thereby
avoiding all cost in such action; and
throw upon Calaveras county the duty
and cost of going to the higher court.
He said that at the outset of this case
in this county he entered into an agree
ment with the officials concerned to the
effect that in case the Superior Court
upheld the constitutionality of the law,
the county officers would take the
matter no further; on the other hand
the justices and constables would then
start no further actions. The district
attorney had served a notice of appeal
upon him, and he understood that the
transcript on appeal was in the hands
of the printer. Therefore the justices
and constables we're relieved from their
agreement, and were in a position to
start ten new suits each month for
salary if they were so disposed, and
that meant thousands of dollars ex-
pense to the losing party. The board
ofsupervisors had petitioned the assem-
blyman to pass the bill; the people rep
resenting majority Of the taxpayers
had petitioned the supervisors to up
hold the bill; and he thought the sup
ervisors ought not to appropriate
money in an appeal to beat law which
they wanted passed. (The same line of
argument appeared in a portion of
the local press last week ostensibly
under a different authorship He
urged the board to pass a strong
resolution setting forth the determina-
tion of the board to refuse to pay for
printing transcript or any other ex-
penses incurred in the appeal Let
Calaveras make the fight. That coun-
ty was better able to do so. The dis
trict attorney OF Amador had by fail
ing to file bill -of exceptions within
ten days, lost all right to show in
crease Of compensation under the new
bill. He would have to rely upon the
sole question of classification of town
ships. A resolution setting forth that
the supervisors would not allow any
bills contracted in appealing the case,
and giving reasons for this course of
action, was in order.
Supervisor Grillo asked the pertinent
question: Suppose we pass resolution;
and the appeal went on; and in case of
the refusal of the board to pay the
printer, suit was brought against the
county to collect the same.
Mr.. MCGEE said in such contingency |
he would agree to pay any judgment
that might be rendered against the
county.
A long resolution and preamble
had been drawn up by the at
torney for the justices, to meet his
ideas of what ought to be done; but
the members of the board were little
uncertain of their ground, especially in
the absence of their legal adviser.
W. L. Rose, the justice of Sutter
Creek, here essayed to enlighten the
county fathers. The district attorney
was the legal adviser of all county Of
ficers, and of himself as JUSTICE, The
supervisors were not bound to act ac-
cording to his opinion, any more than
he as justice, was bound to be gov
erned by it, unless it accorded with his |
own ideas Of right. The petition of the |
taxpayers was higher authority than
the legal opinion of the district at.
torneY.
Seeing that the members were lit
tie shy, the attorney proceeded to tone |
down the resolution. 1t was proposed |
to notify all parties interested that the |
board would not allow bills incurred in |
the appeal. This did not suit. Again |
it was doctored; so that the clerk was
to notify the Dispatch not to proceed
with the printing until further orders.
Just fancy the farce Of the clerk of the
board telling the printer not to carry
out an order for printinp which the