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IGLD, CALIFORNIApresent J. *ndu*-tee year priced— iVfe but' It 3imill| People’s ForumTHE TtttJftTjRKS AND M'JEAHY.EDITOR. ECHO! Since Trustee Williams baa raised the question o' lie rcaponBlbllUy tor McKatny’a tr-taining the office oC marshal. a few .UVIUIUB r -Vlth bo wm-rtR on tbai nubject are pertinent pre-1 Tie Superior court cave He Judsi^rr-i I’jje bnperior «-wuil j»»'***mate. It moot March 12th, ordering McKamy buld be to surremlor the office. That Judg-OTe yes- TOent took effect April 12th. Ever4ble and at fairwer. il be la-e state jres the He. Thesince Bncb time McKamy has beau Illegally occupying Use ’office amithe salary of $20 D perveu bj artmentrnke Inboro Inbe nuro-.224. a tour-1-2 inch ke, tlie1 equal: led by 3J 1-2 9; 12tS.2 b. f.CaJifo aaya (benlverai:y on sheep He bred, nd herlB thl« wasjr liv«-!( . animals, c stock! ith EQnru common t productdrawingmonth. , , v, .The only pretense of a right tothe Btfww** °fflt;co 10 baB®* 00 .QPOpoBltlOxt that -the unlawful apr*a! taken by McKemy operated, by aonxe mysterious process, to stay the etrcct of the Judgment removing him. But the proposition Is bartd on neither logic reason uor law. It 1b ro elementary principle of law and log-le that an appeal that is not authorised by law can have no effect whatsoever. much lass the effect of sLay-Inp the judgment from which no ap-peal la given.I The Supremo court oC Oiclanomn. in Bennett ys. Jackson, 27 Okla.! 275, 111 Pftc. 194. nay*: -’To entitle 'a party to a stay * * * tho Judgment ordor muat bo appea-ablc, *Cye. 8S9, and cases cited in note 80-.And lu a cane whore an appeal will not He as a matter oC law, the appellant la not entitled to a x'rlt ot prohibition to stay the hand ofi the lower court from proceeding. Tyiec vs. Connelly, ft5 Col.28.That la elementary, and needs nocitation 9.0 enteblish it. MdCamy »-a tuc hac therefore been Illegally holding nnot bol-tho office sine® April 12. Thar© was e show-1 absolutely nothing to prevent the ■ animal 1 trustees from appointing McKamy a iusceasor between April 12th and Nov. 4th. let Mr. Williams toll ub why they dtrf not do it.Williams will probably aay that aw, vycu they did not-know there was no p-fint.rtes • peal until th* Supreme court decided-B6c-oad.it !n the McKamy cane. But tnfe ; fourth {cannot be true, for the District Court idaloaglof Appeal It the case of Laure ys. i fifteen Davies, fi Cel. Ap. 750. decided. s*v-?e grand I eu years «R0, stated fairly and lubtecHy, • squarely that 'there was nc appeal iOO sgri'jin such cobcbi, and the constitution ersihy nl I says the same tn no uncertain lan-:ro found gunge.»re iu-.li-l McKamy has held on to the job of feed-! for the salary. The trustees have paid 1c every mouth without qucs-. tlfttt. Since llie judgment has beon I hi effect since April l. McKamy has) at nil times Since then been draw-, ing It illegally. There never has;| been and ii not now the BligbtBBti.I le^al pretext for paying McSamy the| j salary. Yet. the trustees have ord- j Ured it pate every month, and thcrs-by furnished McKamy the mot)vs for sticking around nud bciux a real obstacle to a pm per eniorocmeut. of law in the city.There btioH a doubt as to whotn-! er McKamy was entitled to the sal-! nr S' the least the truatees ennW have 1 rightfully don© would have been to i have ho«l tho matter legally determ-! hi nd. This could have been dime easily without lb© leoat oxpente. Hie kind i Tho tmAees could have * imply »e-i fuaed to piy the natary. This would * have torcei MuKamy to abandon the as. offlcs or seek, a writ of mandate to.erva-.ioms • compel the trnata3 to pay IL. There executive; le not. a shodov/ of doubt aa a matter -Auaholol law but that the trustees would; have beet sustained. Here 1b tho-reason:McKamy 5)ad no right, to tho salary I because a final and conclusive-Judgment had taken hte rl^ht to the office aw a/. Having bcon deprived of the 'ofllcc, the jierformauce oE the duties gave him no rlgh; whatiji*or Lo Lake rte salary. Thia to aleo dc-maniary. The law 1b as follows: The iDcrfoi-maure of the duties i gives the dcJacto lucumfcent oT tho office no claim to the oirieial tom-penpfitiou.”Thifl hoe beeu decided by the Supreme cujl’l of this state in Bonner-man vs.'Boyle, 100 Cab 197, 116 Fac. 732.Sec. 9J6 Pol. Code. Is in part anrollowsr , .“When Hte title of lb* Incumbent iciv * of any office in this state la contesf-ilcra arolod by proeecdtngg instituted in any m. that: court [or that purpose, no warrant car» thereafter be drawn or pani for any navt of bis sulav’ until auch proceeding have been Dually do-tormined.,, ‘What ;hattce would McKamy have had to com pel the payment of the salary in the face of these provisions? would he ail ok to the Job If he could not draw ta mone7; Se certaluly would not. Tha trustees then are clearly responsible for • iMcKamy’ retaining the'office- it j.: Kf wtlUwUg ahitt the resuousl-fovpieriy ought to hear from himBSAnother question BUggcals itself'A man w iiv accordan check. T ever been * The mat th one issu the amoun doreement ing actual The evic tied the ar bill a scco: A check BakersfielcfirMPnGREAT CONFf WHEN P►11 rely a£‘. lover” al! •k. Pro-torn cfnd te slage ach act, fnllor? Ing . Ellxar t.hla raat.l-nllar per-J-ithlu theNEW YORK, Kxohargto- to da fuuctlixis as on cl0l mB.rket.s c euroption was play of much . Glesm on tho many of wkorr The gjllerlee • tarestftd on-loo all the slocks permuted opei July ;0 cluBin ered treatsr t hour iCBBton iStnntlal adva ! while decline: p or taut.GOLD FIELDWIT•aO:,DFTELl flux if mao out \neuus Is tUtn here. I that thcr© 01 without- empl-tii o vtuter, a:i kuOW how tiland i u—:nak-reservn-it. ot the i during 'orutle.Sill-Thc FI rat clety will n Sunday aftet f.hor? will b honor of uv T3v o’clock I lug place, lhai) room ! : will lac Lure I tho flowers, attend.rm” says llsciKisln-p inst Biito-apparent.lo the rogisLra-eod of the the law. on on the or oars to the more d enough iugtit not olUCCt fftitfCreasinK eaqugh ip, com mg tain that '3 receiva75. F. On? yes-.erday ft H. K. Con senser yftate John Coll yeterday fo A. Brcclii fe youLcrda panylng tin ! Jftflso Breck ; Mr. and . yctterdoy o J spli. Mo. Mrs. I*. } the Saain l cwan,! Mrs. lif. . pnfSCtlger jWkjCormaC1hl t?lls 3Qian' i» lllcgaV.y paid, are-elt;u from j tb tvusteet responsible. I, for .one, •lam willing tu allow them to go ahead-and make these illcgQl ijayroents. atteraon,- , tbea bUmp them Hood and hard,wax now ALFRED SIFMQN,an or-hat- aftero granted a Hcenfce [i Tltne.Aft ffect Bball 6 was lull per an-McCortriac’s MaOcra Dusinesa College.«RlllRfNT CLUlt THiEOrSOMAHA MAN PKESIBKXTHaro pce-o trusieoa E la vlolftt-*hs board, ruferrlngWASHINGTON. T)sc. 12—At the annual- meeting of the (JrtiUron Ciub here today Edgar Snyder of the Omaba Bea was elected president, vlth tte- foMowing officers: .Vic e-preal dent, Lon in W. SiTO-yer, I Plttsbu'Rh Dltvpalch; Rncratary, John S. 9hriver, Baltimore Star; treas-[nrer. .Tames ?• Hornadsy, iJidtenai'o-11a News.tornoy to i —lad to cftc' McComiHC's Modern ltnidn««» College.uual’d and ' id iiecem-KTl.r.trlrt HUSBAND XflTfcC
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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