Amador ledger., 1903-08-14


mined effort to thwart the ordinary
processes of law than the movement
now in progress to hold up the JUS
tees salary case short of an appeal
to the supreme court. The petitions
which have been circulated in every
township for signatures requesting
the auditor and district attorney to
let up in their opposition, and pay
the salary claims forthwith, is the
latest and doubtless the final step
in this program of hindrance. We
look upon the scheme as the product
of one mind; crudely disguised at
tempt to set up a dictatorship in
Amador county. The plot consists
in creating the impression that the
local press (barring the Ledger we
are pleased to say, and the people
generally are practically unani
nous in siding with the township
officers and their attorney in the
view that the supreme court which
is the very bulwark established by
the people for the final determine
tion of legal questions-can safely
be ignored in this particular case.
We venture to say that not one tithe
of the signers of these petitions real
ize the true import of their action.
If they were asked to sign a petition
requesting a county official to de-
viate from the path of duty, few of
them would have the effrontery to
append their names thereto. Every
right-thinking citizen would not be
slow to protest against being in
veigled into plot to Obstructive
might use stronger term-an officer
in the discharge of public duty.
The sacred right of petition was
never intended to serve such an un-
hallowed purpose. No tickle goddess
OF popular clamor can be pleaded in
justification or eXtenUation of such
a movement, even if such popularity
actually existed. which we deny to
be the case in this particular in
stance. What would be thought of
a petition calling upon the district
attorney to halt midway in the pros
scution of criminal charge, simply
because the petitioners did not wish
to have it pressed to a final judg-
ment? Who will contend that a
vicious and contradictory method of
this character would work for the
common veal? II iudefensible in
criminal trial, is it any less so when
applied to civil suit, embodying
tens Of thousands of dollars to ANA
dor county, and the Interpretation
of plain provision of constitutional
law of vital Importance to the peo-
pie OF the entire state. The duties
of county officers are clealy defined
by statute. One clause of the po-
litical code relating to the duties of
district attorney says that officer
must oppose all claims and ac-
counts against the county when he
deems them unjust or illegal" The
wholesomeness of this provision will
ut be questioned; and yet, in the
face of it, numerously signed peti-
tions are being thrown at him ask
ing him to adapt himself to the
whims of the signers rather than
follow his convictions of duty. Why,
such an invitation to surrender re-
veals the desperate character of the
plot.
The fact is, the justices aud con-
stables have placed themselves in an
awkward muddle. They can get no
compensation either in the shape of
fees or salaries, without a clear
backdown on the part of one side or
the other. They can get their fee
bills paid, on the understanding that
the amounts so paid be credited on
their salary accounts in the event
OF their winning out before the su-
preme court. This plan of relief
don't suit. 1t would mean a give
away of their Casa practical ad-
mission that they are looking for
more compensation under the salary
system than they have been getting
under the fee system, which is the
vital point in the controversy. On
the other hand, if the auditor were
to draw his warrant for salaries
that would be tantamount to an
abandonment of his case. The man.
damus suit is brought to compel the
auditor to draw his warrant for the
Justices salary. If that officer were
now to voluntarily issue his warrant
he would thereby practically put
himself out of court. There would
be nothing to appeal from, he hav-
ing already done that which the man
damus complaint alleges he original
ly refused and still refuses" to do.
Tho citua tiOn ic in ntoract;oc. 81 ~