Los Angeles herald., 1907-05-08
COURTS TO- DECIDE
PAY OF JUSTICES
COUNTY SUPERVISORS PASS
RESOLUTION
Demand That District Attorney Con,-
pei Justices to Turn Over Their
Fees to County Treas

The contest between the township JUS
tices of Los Angeles and the county
SUPERVISORS over the fee question be-
came more complicated yesterday wher
the county supervisors passed resolu'
tion calling on the district attorney
office to compel the justices to turn over
their fees of the last month to the
county and receive in exchange theil
regular salaries, as prescribed by re-
cent act of the legislature.
The justices, Pierce and Stephens, who
are contesting the legality OF the act,
have not turned over their fees since
coming into office at the first of the
year.
From January until April l every
thing went smoothly in the Justices
courts. There were two OF them, JUS
tices Pierce and Stephens of the town.
ship courts, regularly elected. Attor-
neys E. e. Selph and Summerfield,
prominent workers in the Republican
ranks, were then taken care of when
the legislature passed special measure
providing for the appointment OF two
more justices for Los Angeles county.
The LEGISLATURES excuse was that in
that way the four justices could be put
on salary so that 1t would not be too
hard work for any one of them, and the
big fees coming to the office could be
turned into the county treasurer.
Pierce Gets Big Fees
The first months work for the two
newly appointed justices did not amount
to much. while the fees in Justice
Pierce's court amounted to $478, that
amount being only moderate to what
the fees in that office have at different
times brought in.
In Justice Stephens court the condi-
tion was similar, the fees being heavy.
A call was made on the justices by the
board of county supervisors, but the
two justices did not turn In their fees.
Ir the meantime Summerfield and Selph
made application for the warrants for
their salaries for the first month of
their office.
Before the warrants could be issued to
them by Auditor Dow, Attorney Appel,
representing the citizens of the county,
filed mandamus proceedings against
Dow, preventing him issuing the war
rants, on the ground that 1t was Illegal
for those wrrants to be paid the JUS
tices. a
That was Ike the first gun of battle,
for the supervisors Immediately began
to gather their forces for the fray. JUS
tice Pierce, in outlining his position,
stated:
Has Right to Fees
1--WE have Withheld our fees because we
believe that the state has no right to
deprive us of those fees and fix a salary.
There are several strong and notable
cases from the supreme court on this
very question which confirm our posi-
ton. Our fees have been secured by
hard work. believe that the law fixing
the salaries of justices upon the popula-
ton of their townships is unconstitu-
tional, and shall hold to that belief.
Regarding this proposed suit to COM
pei us to sue, wish that we might have
arrived at the case in a quicker way.
I had hoped that when the salaries of
the other justices were held up that
those justices would bring mandamus
proceedings to compel the auditor to
give them their salaries, and In that
way settle the dispute one way or the
other. With that end in view I sug-
gested such proceeding to one of the
Justices, offering to pay half the costs
of the case. He did not take up the
offer, and we will fight the case now as
it stands on a constitutional right"
Calls It Criminal
ITO withhold the fees from the county
when by law those fees are supposed to
belong to the county Is of course a
criminal matter" said District Attorney
Fredericks yesterday. II, of course, no
matter what the conditions actually are,
have no other way but to believe that
this law passed by the legislature is
constitutional. / might in that case
settle this justices argument by GRIM
inal procedure, but we have a different
way now to get at it. / understand that
the justices hold to their position on