anaheim-gazette 1909-11-25

THE BIG SALARY INCREASE HELD TO BE IN VIOLATION OF THE CONSTITUTION How Officers of Orange County Have Been Paid In Times Past, and how Recent Legislation Has Favored Them, at the Expense of Taxpayers Mutterings have been heard from different parts of Orange county about the increasing cost of transacting the public business. While the recent decision of the court of appeals is the direct cause of the agitation the resentment is directed more against the county officers for asking for an increase of salaries than against the court for sustaining such increase. One difficulty in getting the salaries properly adjusted by the legislature is that, when one officer asks for an increase which he really needs, many of the others rush in and clamor for a raise too, until some of the salaries, including deputy hire, are out of proportion to the work required or to what such officers could get for similar work in private employment. However, it is not this phase of the subject that we wish to discuss in this article, but the court decision itself. A careful reading of this decision shows that the court virtually overruled every contention of petitioner's counsel, including that of the amicus curiae, and then set up a far-fetched distinction, between a lump salary, including deputy hire, and a net salary, with additional allowance for deputy hire, as a basis for granting the writ of mandate prayed for by the petitioner. We say "far-fetched distinction" advisedly, for it was not only imported into this state from Illinois by Chief Justice Beatty but actually employed; justices and constables—from $10 to $75 per month according to population of township; supervisors—$500 per year with mileage at 10 cents each way in attending meetings and $4 per day for road work up to $600 per year. Now, with the exception of the district attorney and surveyor, the foregoing offices do not require very much difference in the qualifications of the officers to begin with, and there are probably at least a thousand people in the county who could fill any one of them with entire satisfaction; hence there is no need for a monopoly salary for any office, nor for a great difference between the individual salaries of these ministerial officers. In fact, every salary above $1500 is expected to provide more or less assistance for the office, when needed; and it was for that very purpose that some of the salaries were raised greatly above that amount. The difficulty of applying this distinction to the various offices is another reason why such distinction is not applicable to this county under present conditions. It is true the court has ruled that there may be both classes of offices, lump salaries and net salaries, in the same county; but it overlooked the fact that many of the offices belong in both classes. Why did the court ignore the lump salary of $3500 for the assessor and allow him another deputy because he already had some? Then, too, who is going to determine which class an office belongs to, supposing it to belong wholly to one class? The auditor and treasurer, in spite of the district attorney's protest, have grouped every office, which had claims pending, as in the net salary class; but can a lump salary office become a net salary office in the middle of a term, by the addition of one or more deputies, without violating the shows that the court virtually overruled every contention of petitioner's counsel, including that of the amicus curiae, and then set up a far-fetched distinction, between a lump salary, including deputy hire, and a net salary, with additional allowance for deputy hire, as a basis for granting the writ of mandate prayed for by the petitioner. We say "far-fetched distinction" advisedly, for it was not only imported into this state from Illinois by Chief Justice Beatty, but it is far from fitting the salary schedule of Orange county, as we shall endeavor to prove in this article. When this county was formed in 1889 out of the southeastern portion of Los Angeles county, nearly every one of the new county officers assumed that the lump salary, provided for his office by the legislature, was for himself alone and requested the board of supervisors to furnish such additional help as was needed for his office out of other county funds. The board estimated the amount of help needed in each office; where the salary of any office was insufficient to provide $100 per month for the principal and $75 for each deputy needed, the shortage was made up to the office; all other deputies were paid by the officers out of their lump salaries. This method of regulating the salaries was practiced four or five years, until the supreme court, in a case from another county, decided that county officers must pay for their deputies out of the salaries provided for their offices by the legislature. Some of the officers could not do so without taking all of their salaries; so the Scarborough or Duckworth bill was rushed through the legislature, then in session, as an emergency measure. This bill create several new offices, each taking some of the work from the regular office and receiving a separate salary, which lapsed as soon as the legislature provided adequate salaries for the regular offices. From that time down to the present, nearly every legislature has changed the salary schedule of Orange county in one or more particulars; sometimes a lump salary was increased, sometimes deputy hire was added or increased and sometimes both the lump salary and the deputy hire for the same office were increased. These changes have generally been made just as requested by the county officers themselves, through their assemblyman, and never with a allow him another deputy because he already had some? Then, too, who is going to determine which class an office belongs to, supposing it to belong wholly to one class? The auditor and treasurer, in spite of the district attorney's protest, have grouped every office, which had claims pending, as in the net salary class; but can a lump salary office become a net salary office in the middle of a term, by the addition of one or more deputies, without violating the inhibition of the constitution? The difficulty of applying this distinction to the present salaries of Orange county, without injustice to either the officers or the taxpayers, is insuperable. The practical effect of this distinction is another reason why it is not applicable to the salaries of this county; that effect is to make every lump salary the net salary of the principal of each office. If we are correctly informed, there are numerous decisions in this state and other states to the effect that any help allowed an officer is an increase of his salary by the amount allowed. Petitioner's counsel tried to prevent the application of that principle by claiming this deputyship as a new office with new duties; but the court swept that aside, saying: "It is clear that the petitioner's right to any compensation must be determined upon the theory that he is a deputy in the assessor's office doing work of the assessor." After sweeping aside this and all other pleas of counsel, as previously stated, the court introduced the imported distinction and arbitrarily placed the assessor's office in the net class, thereby virtually declaring the lump salary of $3500 to be the net salary of the assessor and relieving him from paying his office deputy out of such lump salary as he had been doing previous to this decision. If that is not increasing the assessor's salary "after his election or during his term of office" as forbidden by the constitution, then there can be no violation of such inhibition and it becomes a dead letter. What is true of the assessor's office is true of every other county office. The only way such a distinction can be introduced into a salary schedule with justice to the taxpayers as well as to the officers is for the legislature to place each office, if not each county, wholly in one class or the other.—Orange Post. the regular offices. From that time down to the present, nearly every legislature has changed the salary schedule of Orange county in one or more particulars; sometimes a lump salary was increased, sometimes deputy hire was added or increased and sometimes both the lump salary and the deputy hire for the same office were increased. These changes have generally been made just as requested by the county officers themselves, through their assemblyman, and never with a thought by the legislature, or any one else, of classifying such salaries as either lump or net. This distinction was first imposed upon the offices of this county by this decision of the court of appeals. Another reason why this imported distinction will not fit the salaries of Orange county is the unequal and mixed character of such salaries. This may be seen not only from the irregular method of their establishment, as set forth in the preceding paragraph, but also from a comparison of the salaries with one another. Note the difference between them in the latest schedule, as follows: Clerk—$3250 and one deputy at $1200 per year; sheriff—$4000 and jailer at $1000 per year; recorder—$1500 and 4 1-2c. per folio; auditor—$2000 and assistance not to exceed $900 per year; treasurer—$1500 and one deputy at $900 per year; tax collector—$2,000 and one chief deputy at $75 per month for nine months and assistance not to exceed $1200 per year; assessor—$3500 and eight deputies, one of whom shall receive $1200 per year, and seven of whom shall receive $130 per month for four months; district attorney—$2500 and one deputy at $900 per year; coroner and public administrator — fees; superintendent of schools—$2250 and traveling expenses and one deputy at $50 per month; surveyor—$8 per day when FANS NOT ALL IN HEAVEN What's doing in the way of amusements? asks the newcomer of the old inhabitant in Hades. Baseball game every afternoon, answers the old inhabitant. Baseball? That's great. On the square, do you have baseball every day? Sure thing. By ginger, this place suits me. Baseball. Say, this can't be hell, then? Yes, it is. The home team always loses. THE OLD MAN WAS NOT LOOKING WELL An Aberdonian went to spend a few days in London with his son, who had done exceptionally well in the great metropolis. After their first greetings at King's Cross Station, the young fellow remarked: Feyther you are not looking weel. Is there anything the matter? The old man replied, Aye, lad, I have had quite an accident. What was that, feyther? Mon, he said, on this journey frae bonnie Scotland I lost my luggage. Dear, dear, that's too bad; 'oo did it happen? Aweel, replied the Aberdonian, the cork cam' oot. Fresh Oysters at City Market. ANAHEIM GAZETTE BIRDS PREVENT CROP LOSS INSECT-EATING FRIENDS TO THE FARMER AND FRUIT GROWER Plan Launched for Organizing a National University for Educating People How to Prevent Crop Loss—Pests Destroy Millions Annually [Contributed to The Gazette.] Proposing to save the people of this country at least $10,000,000 each year. Plans for a National Audubon University to be endowed with one million dollars are announced in New York. Based upon the known annual crop loss of one billion dollars due to the spreading pests that the insect-eating birds destroy, the calculations of the National Association of Audubon Societies, which is putting forth this project, show that the teaching of bird value from such an institution must result in wiping out at least one per cent of the huge national penalty for popular lack of knowledge on this subject. When one million dollars can be raised for the new university, it is proposed to at once start its work, which promises to eventually contribute hundreds of millions to American prosperity. Every man, woman and child in the United States is to be included as a student in the proposed Audubon university. Through hundreds of lecturers and teachers, who are to be educated in the science of nature's checks to the destruction of the country's crops and woods, the economic principles of bird preservation will be taught to the people of every community. By means of university extension and correspondence courses the saving effect of the wild birds upon agriculture in every section will be SANTA ANA The continued cool weather is making celery growers happy, for every day of it adds to the season's output. The indications now are that the season will be one of the best in the history of the industry. Prices have gone up from 18 to 22 1-2 cents a dozen. As yet the output has been light, and the large train shipments will not begin until about December 1. The crop in this county will bring in about $500,000. A disagreement over a commission for a real estate deal was settled by a jury. W. N. and G. C. Baker sued J. S. Futrelle and won their case. These three men put through the sale of a Tulare county ranch to Conrad Crookshank of Santa Ana. The commission came to $2050. The Bakers asserted that the contract was that each man should have one-third. Futrelle accepted payment on that basis for $1325 cash paid, but when he collected the remainder of $750 he contended that he was to have half the commission. The Bakers sued for $500 of the $750 and got judgment. A sentence of four days in the county jail was given George Nesbit, 19 years old, by Justice Smithwick, the young man pleading guilty to stealing a bicycle from J. L. Beery. The justice said the sentence was short, as Nesbit would be taken to the juvenile court on other charges. The suit over the Santa Ana sugar factory took a new turn in court this week. H. S. Hadsell originally began suit against F. H. and F. D.Case and H. W. Hinze for $115,000. M. M. Fernandez of Los Angeles filed a complaint in intervention in which he asks that he be given half of whatever judgment Hadsall may secure against the Cases and Hinze, in his own behalf. Hadsall is suing on two counts. He asserts in his com- Dr. Adolph J. Petter's NatureAID (Just Natural) Magazine. Teaches how to achieve "Vigorous Health," "Honorable Success," and "Long, Happy Life," and how to cure all human ills, including rupture, deformities and all male and female weakness, yourself at home. One sample COPY FREE on request. Address NatureAID, 217 Mercantile Place, Los Angeles, Ca The Best Cuts of MEAT Can be had here any time. We don't reserve them for a favored few and compel the others to take what is left. First come is first served in this market. We believe in giving everybody a square deal. Also in selling the very best meat we can get hold of at the prices possible. Try us with an order. CITY MARKET F. W. FLEISCHMANN, Prop. Odd Fellow's Bldg., Center street Sunset Phone 201 F. BACKS Undertaker Dealer in Furniture, Wall Paper Cornices, Window Shades, Picture Frame Upholstery Goods, Paints, Oils, and Glass Sewing Machine Supplies Corner Los Angeles and Chartres S LUMBER, CEMENT, BRICK ARDEN PLASTER MILL WORK Beveled Well Curbing FIGHTING RAILROAD RATES The suit over the Santa Ana sugar factory took a new turn in court this week. H. S. Hadsell originally began suit against F. H. and F. D.Case and H. W. Hinze for $115,000. M. M. Fernandez of Los Angeles filed a complaint in intervention in which he asks that he be given half of whatever judgment Hadsall may secure against the Cases and Hinze, in his own behalf. Hadsall is suing on two counts. He asserts in his complaint that he is entitled to one-fourth the profits of the building of the sugar factory located here and its sale by the Case, Hinze company to the Southern California Sugar Company, as compensation for promoting the factory. The second count is for a one-fourth interest on an assigned claim of James Irvine. The estimated profits of building the factory, according to Hadsall's complaint, is $230,000, of which Hadsall asks $57,-500 for himself. Fernandez wants half of $57,500, or of any sum Hadsall may secure by judgment. Fernandez bases his complaint in intervention on the allegation that he and Hadsall were partners in the real estate and promotion business in Los Angeles, when Hadsall, as a partner, took up the promotion of the factory at Santa Ana. Fernandez states that he has "departed for parts unknown." Hadsall, however, has been in Santa Ana for the last year and is still here. In the promotion of the factory here Fernandez was known to any of the local people and so far as is known was never in the office of the sugar company. The Serrano Water Company of Villa Park has given its approval of the proposed supplemental agreement in the settlement of water rights in the Santiago canyon, and the agreement was passed upon by the John T. Carpenter Water Company of El Modena. The third party to the agreement is the Irvine Company. When the provisions of the agreement are carried out, the Villa Park and El Modena communities will have all the water they can possibly use, and every unplanted acre will be set to tree: Half the winter flow over sixty inches can be diverted to the Irvine Co. ranch, and all the flow of the summer, over 600 inches, may go to the ranch. William F. Bonkosky, aged 39, of Anaheim, has applied for final naturalization papers. He came to America in 1890. Dealer in Furniture, Wall Paper Cornices, Window Shades, Picture Frame Upholstery Goods, Paints, Oils, and Glass Sewing Machine Supplies Corner Los Angeles and Chartress LUMBER, CEMENT, BRICK ARDEN PLASTER MILL WORK Beveled Well Curbing C.GANAHL LUMBER COMPANY CHAS. F. GRIM. Manager Palace Stables J. HAHN, Prop'r. First class turnouts of all kinds. Boarding by day, week or month. 201-203 South Los Angeles St., Anah im , Ca. Phones: - Main 391, Home 1671. MONEY can be borrowed on more favorable terms from the SAVINGS, LOAN and BUILDING ASSOCIATION OF ANAHEIM than from any similar institution in the State A Home Institution... conducted by home men If you want to borrow money at a low rate to pay off your present mortgage, or to build a home or to improve your present one address or call on Fred A. Backs, Jr. Secretary Anaheim Business College SANTA ANA CALIFORNIA Good Positions may be secured by fitting yourself as an accountant or stenographer at Orange Co. Business College We had Nine calls last week at Salaries from $75 to $1.25 per month. Apply at once, by letter or in person, for Free Catalogue. Address J. W. McCORMAC, Principal, SANTA ANA CALIFORNIA FIGHTING RAILROAD RATES Citrus Growers File Suits Against Three Carrier Companies Because of the question of jurisdiction involved, application for injunctions in the lemon rate case have been, or will be, filed in the federal courts in Kentucky, Kansas and Salt Lake City. These are the legal homes of the Southern Pacific, the Santa Fe and the Salt Lake railroads, respectively, and there is an unsettled question in the courts whether it is not necessary to bring such an action as these injunction suits in the federal district in which the railroad is chartered. For that reason the citrus growers are taking no chances, and are guarding against the emergency should it be decided here, after next Monday's hearing, that the federal courts in California have no jurisdiction. An action has been filed at Salt Lake City against the Salt Lake railroad, which has a Utah charter. Papers also were prepared some time ago for filing a similar action in the federal court at Topeka, Kan., against the Santa Fe, and in Kentucky against the Southern Pacific. These actions are in charge of Levy Mayer, of Chicago, a noted attorney versed in interstate commerce law, who is associated in handling the case for the citrus growers. BREA CANYON Brea Canyon is a busy spot these days. There are seven concerns running as many strings of tools at this spot and all are getting good wells. The luckiest so far are the Oregon Oil Company, and the Fullerton Oil Company, adjoining. The latter concern drilled its first well as close to the Oregon company's No. 1 as it could get, about 200 feet. The drill dropped to the depth of the Oregon well, 2300 feet and there was not a sign of oil. Drilling was continued several hundred feet further with no sign of oil and abandonment was seriously contemplated. At 3100 feet, however, the sand was struck and the well is a bonanza. It started flowing at a 3000-barrel clip under a big gas pressure, and in some way the well backed itself, the sand freezing in between the outer casings, leaving the inner one free, and it has produced constantly ever since, and is today doing 800 barrels steady. One of the peculiar things in connection with this well was its location—so close to the Oregon No. 1—which was only 2300 feet. The logs of the well do not coincide and the quality of the oil is different, the Fullerton's being the heavier. Fresh Oysters at City Market. ADOLPH J. PETTER'S NATUREAID (Natural) Magazine. How to achieve "Vigorous Honorable Success," and Happy Life," and how to man ills, including ruptnities and all male and mess, yourself at home. COPY FREE on request. NESS NATUREAID, Place, Los Angeles, Cal POWER FOR ALL PURPOSES. PLENTY OF POWER. Southern California Electric Co. 411 N. Main st. SANTA ANA, CAL. Phones—46. California Wine Co. F. Conrad & Son, Props. Center Street Anaheim Wholesale Wine and Liquor Merchants Best Brands of Bottled Beer. Delivery Made Everywhere HENSHAW, BULKLEY & CO. 262-64 So. Los Angeles St. Los Angeles IRRIGATION PLANTS INSTALLED COMPLETE MACHINERY of all kinds, including road making machinery, levelers, scrapers, hardpan ploughs, etc. Full stock always on hand. GASOLINE ENGINES CENTRIFUGAL PUMPS The Day "Owl" The famous "Owl" train to San Francisco now has a daylight duplicate, a train which provides a most comfortable ride on a delightful trip, a day train to San Francisco and the resorts of California, Del Monte, Santa Barbara, Paso Robles, Santa Cruz The new train known as the Shore Line Limited leaves the Arcade Station every morning at 8 o'clock; arrives at San Francisco at 9:30 o'clock the same evening The Shore Line Limited, a train of the highest traveling luxury, consists of a composite car with Gentlemen's Buffet, Library, etc., Diner, Parlor Observation and Parlor Cars For Tickets and Information, apply to J. M. PICKERING, agent, Anaheim Phones—HOME 1724; SUNSET 1231 SOUTHERN PACIFIC FOR Superior Printing The Gazette Office FOR Superior Printing The Gazette Office Griffith Lumber Co. Agents for ORIENTAL PLASTER COLTON PORTLAND CEMENT LUMBER BRICKS ALL KINDS OF MILL WORK So. Los Angeles st. near S.; P. depot Henry M. Adams, Mgr. Sporting Goods And Bicycles, at Spoerl's Gun Store. O. FULDE An old German Watchmaker and Jeweler is located at 113 East Center Street, (Near Hart's Place) where you can find anything in the Jewelry line at The Lowest Possible Prices Watches and Jewelry a specialty Anaheim Bakery Peter Syre, Prop. Fresh Bread Cakes and Pies Confectionery, Etc. Wedding Cakes a Specialty Los Angeles and Cypress Sts. TRY A Malted Clam AT-- The Mission. OLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates. JOSEPH BACKS. Undertaker and Embalmer Furniture and Bedding. Repairing Done Phones—Sunset M. 98. Home 1062.