Garnett v. Brooks

[586]

McFARLAND, J.

The learned judge of the court below in granting the writ of mandate from which this appeal is taken, after stating that the question to be decided was whether certain provisions of the charter of the city and county of San Francisco apply to copyists in the recorder’s office, said as follows: “The case of Crowley v.

Freud,

132 Cal. 440, is, in my opinion, decisive of this case. It was there held that the recorder is a county officer, and that it was not competent for the. charter to provide for the qualifications of either the recorder or his deputies. It has been suggested that the case does not come within the rule of that case, for the reason that a copyist is not a deputy. The record in that case, however, shows that, by the order of injunction made by the superior court,'and which was affirmed by the supreme court, the civil service commissioners were prohibited from holding examinations for either deputies or

employees

in the recorder’s office. As the civil service commissioners cannot hold an examination for copyists without violating the injunction, unless the recorder can make the appointment independently of any action on their part, it will be impossible for him to perform the duties of his office. . . . In the act of 1861, the persons who performed the duties of copyists are denominated ‘ deputy clerks.’ I think that the word 1 deputies,’ as used in section 8J of article XI of the constitution, should be liberally construed, so as to include all the subordinates of a county officer; and such seems to have been the view of the supreme court in sustaining the injunction prohibiting the commissioners from holding examinations for employees of the recorder. Thus construed, it was competent for the charter, under the rule of

Crowley

v.

Freud,

to provide for the appointment and compensation of copyists in the recorder’s office, but not for their qualifications.” These views, in our opinion, present a correct statement of the law governing this case. In the arguments and briefs in