The San Francisco call., 1904-02-12
SOUNDS SWEET
TO CREDITORS
Supreme Court Decides That
Public Officials Must Pay
Up Their Judgment Bills
CHIEF JUSTICE DIsSENTs
Wisdom of Law Is Called in
Question, but It's Validity
Is Not a Matter of Doubt

The salaries of public officers whose
positions are controlled by the Legisla-
ture may be garnisheed, according to a
decision rendered by the Supreme Court
yesterday. In respect to constitutional
officers the question is left open, al
though Justice Van Dyke asserts that
they are not affected by the judgment.
Those who occupy minor positions in
State, county or city governments will
have to,Day their bills if their creditors
so desire
This is a cruel blow to many who
shape our public policies. 1t has all
come about through the successful at
tempt of some bin collectors to slip an
inoffensive looking measure through
the Legislature during the last days OIL
the session. The bill as passed reads as
follows:
The duly authenticated transcript OF a judg-
ment for money against defendant rendered
by any court OF TINS state may pe hieu VIZ, ~,
the Controller Of the State Of California or the
Auditor of any county, city and county, city
or other municipal public corporation, Tor
which money is owing to the judgment debtor
in such action (and in there be no Au-
dtor. then with the officer whose duty corre-
spords to that of Auditor). whereupon II shail
be the duty OF any such official or OF such
public officer with whom such transcript shall
have been filed to draw his warrant in favor
of 10 nay into the court from the uOcheI
of which the transcript was taken so much OF
the money, II sufficient there be, over which
such State of California, county. city and
county, city or other municipal public cor
poration of which he is an officer over
which such public officer has control or Gus
tody and which belongs to or is owing TO the
judgment debtor in the cause designated in
said transcript. viii cancel said Judgment,
the money so paid into court shall be dis
charge pro tanto Of any amount so due or ow-
ing 10 such judgment debtor.
= &c o11 ho oe no cnIO
who voted for this bill did not clearly
understand its import until the collect
ors attempted to secure the payment of
debts through it's provisions. George E.
Ruperich, an employe in the local de-
partment of electricity, was selected to
make the fight against the obnoxious
measure.
A transcript of a judgment for $9S
against him was filed with Auditor
Baehr, who then refused to allow Rupe-
rich's salary demands. The latter pc
titioned for writ of mandamus to
compel the Auditor to act, and on re-
fusal of the Judge of the lower court to
issue the desired order appeal was
taken to the Supreme Court.
The last named tribunal holds that
the Legislature has the power to pass
such laws in regard to public officers
over whom it has control 1t is stated,
however that the measure is not a
wise one in that it furnishes opportu-
nifty for the embarrassment of public
officers, who should be allowed to per-
form their duties with as little outside
interference as is possible.
The petitioner claimed that the law
was special legislation, not uniform in
its operation and that ii could not be
applied to officers of the city and coun-
ty of San Francisco by reason of con-
flict with the charter. The court shows
that none of these arguments are valid
by numerous citations from authorities.
The opinion is written by Justice
Shaw, with whom Justices Angellotti,
Henshaw, Mcfarland and Lorigan di-
rectly concur. Justice Van Dyke writes
a concurring opinions in which he states
trat the law does not apply to consti-
tutional officers. Justice Beatty dis
sents on the ground that as the law is
partly invalid il must be so as a whole.