People v. Bailhache
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. Action commenced by the Attorney-General, on the relation of Y. B. Russell, against the defendant for intruding into and usurping the office of Auditor of the County of Contra Costa. On the 7th day of May, 1873, the Board of Supervisors of Contra Costa County adopted an ordinance consolidating the offices of Recorder and County Auditor, which before that had been separate.
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Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. Action commenced by the Attorney-General, on the relation of Y. B. Russell, against the defendant for intruding into and usurping the office of Auditor of the County of Contra Costa. On the 7th day of May, 1873, the Board of Supervisors of Contra Costa County adopted an ordinance consolidating the offices of Recorder and County Auditor, which before that had been separate. The general election in that year was held in September. The ordinance .was published as required by law prior to the general election,…
1Opinion of the Court
Sec. 4106 of the Political Code is unconstitutional. The order should have been published by order of the Board. The authority of the Board is measured by the statute alone, and it prescribes the mode in which the power is to be exercised. {Fox v. Board of Supervisors, 49 Cal. 565; Cowell v. Martin, 43 Cal. R. 605.)
Jo Hamilton, Attorney-General, and L. B. Mizner, for the People.
No separate order directing the publication of the “ ordinance ” was necessary. The fact that it was published presumes that it was done according to law, and by direction of the Board. (People v. Board of Supervisors…
2Cases cited1 opinion
- Fox v. Bd. of Supervisors of San Mateo Cty.California Supreme Court · 1875
3Cited by2 opinions
- People ex rel. Stoddard v. WilliamsCalifornia Supreme Court · 1883
- State v. VirnigWashington Supreme Court · 1914