Amador ledger., 1903-04-10
THE SALARY GRAB SCHEME.

The effort to place the present
justices of the peace and constables
under the provisions of the salary
bill passed by the last legislature
has assumed two diverse phases dur
ing the past week. Last Monday
these township officers put in their
claims before the supervisors for
services in criminal matters up to
the 18th of March, that being the
date on which the new law went
into effect. For services since the
18th it was contended that they
were entitled to pay under the sal
airy act, and the allowance of sal
aries was clearly outside the prov
ince of the supervisors. Thereafter
W. L. Rose, elected justice of the
peace of township 4 on the demo-
cratic ticket, served a written
notice upon c. L. Culbert as coun-
ty auditor, requesting him to forth
with make out and deliver to said
petitioner warrant on the county
treasurer in the sum of $17. .333 in
payment of salary as justice of the
peace from March 18th, 1903, to
March 31st, 1903, both inclusive, ac-
cording to the provision of the act
approved by the governor March 19.
The auditor refused to draw the
warrant. The next step on the
program will be mandamus suit in
the superior court to compel the
auditor to issue the warrant. This
is one phase of the salary problem.
1t must be borne in mind that Rose
is democrat. The board of super
visors is republican. The only hope
of himself and his brother demo-
cratic officials of collecting under
the provisions of the bill, lies in a
straight out contest on the constitu-
tionality of the law
But an entirely different phase
crops up before the supervisors. It
will be seen that J. E. Kelly, con-
stable of lone, and D. F. Gray, con-
stable of Sutter Greek, have resign
ed as such officers. 1t may be asked,
what is the meaning of this action.
If the salary bill holds, the con-
stableship is an Office that will not
go begging. The resignation bust
ness is simply move to secure the
benefit of the salary without con-
test in court. We were apprised
several days ago that scheme was
afoot to have the township officers
resign, and be reappointed by the
supervisors. They would on their
reappointment be relieved of all
obligations laid upon them by their
election to accept the compensation
as fixed by the then existing law.
1t is argued that the law in force at
the time of appointment would
govern in such cases. It is Shrewd
move to reap the benefit of increas-
ed pay. The two officials who have
resigned occupy different positions.
Kelly is a democrat, and was elected
at the last election to succeed him
self. Gray on the other hand is a
republican. He declined a renomi-
nation, on the ground that the pay
was inadequate. He continued to
hold the Office as hold-over
upon the failure of the one elected to
qualify, and the Office was forced upon
him against his will. There is there.
fore some reason in his resignation,
with a view to reappointment to bring
him under the provision of the new
law. With Kelly it is somewhat
different. In case of his reappoint-
ment would he, having been elected
under the old law, be entitled to the
increase of pay provided by the new
law. If so, nothing becomes more
simple than the evasion of the con-
stitutional provision that salaries
shall not be increased during the
term for which an official was elect
ed. Beside this, the board being re-
publican, would Kelly be reappoint-
ed anyway. Is it not likely that a
republican will turn up for appoint
ment, and get away with the plum?
Altogether, the situation is comical
enough. and tangled enough to re-
quire more than one day in court to
straighten it out.