Valle v. Shaffer

[184]

GRAY, P. J.

The petitioner applied to the superior court for a writ of mandate to compel the auditor of San Diego County to draw his warrant in favor of petitioner on the county treasurer for fifty dollars claimed to be due petitioner for one month’s salary as health officer of said county. A demurrer to the petition was sustained, and from the judgment following the petitioner appeals.

The board of supervisors of said county appointed petitioner health officer of said county and fixed his compensation at six hundred dollars a year, or fifty dollars a month. The question for solution relates to the validity of the orders of the said board in that behalf.

Section 11 of article XI of our constitution reads as follows : “Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.”

The powers of a county “can only be exercised by the board of supervisors, or by agents and officers acting under their authority, or authority of law.” (Stats. 1897, p. 452.)

“The board of supervisors shall adopt orders and ordinances necessary for the preservation of the public health of the county, not in conflict with the general laws, and provide for the payment of all expense incurred in enforcing the same.” (Stats. 1897, p. 464.)

Counties “are bodies corporate and politic, and as such have the powers specified in this act, and such other powers as are necessarily implied.” (Stats. 1897, p. 452.)

The board also has power “to do and perform all other acts and things required by law not in this act enumerated, or which may be necessary to the full discharge of the duties of the legislative authority of the county government.” (Stats. 1897, p. 467, subd. 40.)

The foregoing provisions of the constitution and of the County Government Act of 1897 by necessary implication, if not by express words, give to the board of supervisors of San Diego County the authority to do just what they have done in appointing and fixing the compensation of petitioner herein. How is the board to look after the sanitary condition of the county and the health of its people except through the assistance of paid expert agents ? They have the implied power to adopt any adequate and appropriate means to carry