County of Santa Barbara v. Janssens

SLOSS, J.

Demurrers to the complaint as amended having been sustained, and the plaintiff declining to further amend, judgment was entered in favor of the defendants. From this judgment the plaintiff appeals.

The facts alleged, taken in connection with certain statutory provisions, present this situation: The defendant Nat Stewart was sheriff of the county of Santa Barbara for a term commencing on the second day of January, 1912. The defendant the Title Guaranty and Surety Company was the surety on Stewart’s official bond. When Stewart took office his salary as sheriff was fixed by the Political Code at six thousand dollars per annum. (Sec. 4246, subd. 2, amended 1909.) Section 4290 of the same code provided that “the salaries and fees provided in this title shall be in full compensation for all services of every kind and description rendered by the officers named in this title . . . , " their deputies and assistants, . . . and all deputies employed shall be paid by their principals out of the salaries provided in this title, unless in this title otherwise provided.” There was no provision for payment by the county of any compensation to the deputies or assistants of the sheriff.

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Section 1616 was added to the Penal Code by act approved April 15, 1911, after the commencement of Stewart’s term. This section reads: “Whenever any female prisoner or prisoners are confined in any county jail in this state, and no regular jail matron has been appointed, there shall be designated by the sheriff some suitable woman who shall have immediate care of such female prisoner or prisoners. Such female prisoners shall be so kept that they cannot see or be seen by, or converse with, any male prisoners confined in said jail, and it shall be unlawful for any male officer or jailer to search the person of any female prisoner, or to enter into the room or cell occupied by any female prisoner, except in the company of such matron or woman having the care of such female prisoner.”

During the years 1912, 1913, and 1914 there were female prisoners confined in the county jail of said county, and no regular jail matron had been appointed to have care of them. The defendant Stewart, as sheriff, designated the defendant Domenica L. Janssens to have the immediate care of said female prisoners, and she performed the required duties in reference to the female prisoners so confined. Thereafter she presented for payment claims against the county for her services, and said claims, which aggregated $1,249, were passed and allowed by the board of supervisors Warrants for the amount of such claims were drawn by the auditor of said county, and the amounts paid by the treasurer to Mrs. Janssens. Each of the claims was indorsed, “O. K., R. D. Smith,” or “O. K., R D. Smith, Under Sheriff.” It is alleged that Stewart as sheriff requested the board of supervisors to allow the claims, and that R D. Smith was a deputy of Stewart, and as such deputy approved in writing the claims as correct.