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CALIFORNIA.People’s Forumincl£•tltldiiIG RlKilt;£uucia:eurTHB TtHCtfWOX AND W3C All y.EDITOR- ECHO: Since TrusteeWilliam b baa raised the question o'lie rcapenBlhHUy lor MeKatnji'a tr-- tlning the office oC marshal, a few * wm-rta on that aubject are pertinent-*-1 The Superior court cave lie Judaic tnout March 12th, ordering McKnmy o to surrender the office- That Judg-“ ntent took effect April. 12th. Ever since Bnch time McKamy has been illegally occupy lap the ’office ami; drawing the salary of $20 0 per month- . . k. ,,The only pretense of a- right to the BBtaw** offico le based on theQPOpoBiUoxt that tlie unlawful appeal taken by McKemy operated, by Borne myaterioue process. to stay the effect of the Judgment romoving him. But the proposition is bartd on neither logic reason uor law. It 1b rn elementary principle of law and log'•lt;le that an appeal that Sa not author-•ised by law can have no effect wbat-eoerer. much lass the effect of slay-Inp the judgment from which no ap-T;lt;ioi La given.I 'i’lia Supremo court of Oiclannma.| in Dennett ys- Jackaon, 27 Okla. I ! 875. Ill Pac. 194. says: “’To entitle ’ a party to a may * • • the Jude-! ment ordor must bo appeasable, ^Cye. 8S9, and cases cited in rote 80\And iu a case whore an appeal will not lie bb a matter oC law, the ah-‘Jjpeilaf't la not entitled to a x'rlt of 1* prohibition to stay the hand of th* lower court from proceeding. Tyler vs. Connelly, ft5 Col.28.That la elementary, and needs no citation *o entabJish ft. WcKtny c hae therefore been Illegally holding o'tho office since April 12. Thar© was 1 absolutely nothing to prevent the ! trustees from appointing MiKa-ray 3 iicceasor between April 12th and Nov. 4th. Let Mr. ■ Williams to*1 U8 wiry they dirt not do it.•Williams will probably ear that •» they did not-know there woe no p-ta- peal' until the Supreme court decided-tl .lt In the McKomy cane. But thte h j cannot be true, for the District Court g!of Appeal It the case ot Laure vs. n: Duties. R fl*l- An. 750. decided, s*v-d I an years «ko. stated fairly anu V,1 squarely thit 'there was nc appeal 1-iin such cubcm, and the constitution 1 j says the oarac to no uncertain lan-i(l‘ R.iagC- |r.5-1 MclTamc has held on to the job pia d-! for the salary. The trustees have eta «-:pald It every mouth without qucH-.mn dsltiivn. Since the judgment has boon Tb. cfc ■ in effect else* April IB. McKamy has | tor ru at all times 5'UCC then hcen draw- nil nn! in-lt; it illegally. There never has j pe: ict I been and ii not now the BHghteM Ju lle«al pretext for paying WcSamy theieri jealan*. Yet. the tmslees have orcf- j no l«r«l it paid every mouth, and there- jSt» or , by furnished McKamy tho motive for | at! slicking around nntl lc1u» a. veal oh-ro- siarla to a pm per coiorecment. of ’nd ; law in the city,lfiel There bciisg a doubt as to whetn-ict,. er -McKamy was entitled to the paling ; n.rs' the least the trustees pnald have . «sir 1 rijiliLfally dons would hive lieen to I at.i- • have hod tho matter ’©gaily determ-er-1 In oil. This could have been done the' easily without tbs least expense. indiTho tmdiees could have * imply re-j fused to piy che nalary- This would * have forcei 'McKamy to abandon the offica or BRgk a writ of mandate to. ions ’ compel the trnata3 to pay 11. There live;Is not. a shadow ot doubt as a matter f aho|ol law but Lb at the trustees would; i and i have been sustain*!. Here le the:-u*k-!reason r jrvn-1 'McKamy had no rirsht to tho ©alary i the'bccauee a flnal and conclusive i ring! Judgment had taken hla rlxbt to the | e. I oflic© aw a/. Having been deprived of: i the 'office, the pprCormaace oe the j duties gave him no rlgh; wbati*i*or saye I to Lake rte salary. Thin tB oleo elc-isln'r I niBuiary. The law 1b as iollows:- • The iBcrfopuiimico of the dutiesgives dcJacto lucumtent o? the office no claim to the oiricial torn-penpation.’*This hoe beeu decided by the Su-lH'Cmo cujIT of this st.atp, iu Bohq©?-mau vs. 'Boyle, 160 Cul. 197. 116 Pac. 792.See. 9J6 -Pal. Code. lt;n part a© Tollo'vs: , .'•When til© t.ille of lb© Incumbent ,i*• of any o«ce in this gtatp la contest-, ro I od by proeeedlngp instituted in any I at1 court tor that: purpose, no warrant I jfJcan thereafter be drawn or paid lt;•hi for any nart of bi© snlar* until aiich , proceed in ?a have been Dually de-i tormined. ’ IWhat jbatice would McKamy have \ had to compei the payment of the salary in the face of these pro via-. ions? Would h© atiok to the JobI if he could not draw the mone7-■ Be certaluly would not. Tho trua-i! tea© then are clearly responsible for I!-McKamy’* retaining to©-office, it c : Mr. ■WtlllaniB ahitt the resuousl-y ! biuty. we ought to hear from himIBSAnother question ©ngfiCBts itself: 1_i It this 3alary 1* lllcgal'.y paid, are ^ , the tTUBiaes responsible, j, for .one, •am williag to allow them to ro ahead and make these 'illegal payments. ir*'and then bump them good and hard.ALFRED SIUMflN,lieotMcCortnac*© Maacra Bunin ewe College.CR1D1RDN CLUlt -ELUCTTSOMAHA MAN TREBIDES1an'C-WASHlh'GTON, T3ec. IE.—At ih* annual- meet log of the Urtihron C-iui hero today Edgar Snyder of tn. Omaha B©0 ivas elected preeldcnt with the- fo'lowing oflicera:Viee-prealde»t, Louis W. SiTO-yei PUtsbu'Rh Dlnpalcli; Rnuratary, JobSrnovTia
Newspaper Details
Bakersfield Morning Echo
Bakersfield, California, US
Sun, Dec 13, 1914
Page 2
Full Page
Clipped by
Los A.
CA, USA 22 Dec 2016
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