People ex rel. Love v. Mathewson

By the Court, Wallace, C. J.: This is an information filed by the Attorney-General to inquire into the right of the defendant to hold the office of State Harbor Commissioner. The facts found by the Court were as follows:

1. That John Bosenfeld was, on the 4th day of September, a. D. 1871, elected by the State at large, State Harbor Commissioner of the State of California for the term of four years from and after December 1st, A. D. 1871, and in pursuance of such election received his commission from the Governor; and on the 29th day of November, A. D. 1871, qualified by giving the bond and taking the oath required by law, and entered upon the duties of said office, and continued to hold said office until the 23d day of May, A. D. 1873, when, on said last named day, he resigned the said office, which said resignation was accepted by the Governor of the State of California.

2. That on the 27th day of May, A. D. 1873, Thomas D. Mathewson, who, for more than twenty years past, has been, and yet is, a resident citizen and elector of said State of California, was appointed by the Governor of the State of California to fill the vacancy in the office of State Harbor Commissioner, elected by the State at large, caused by said resignation of John Bosenfeld, and did thereupon issue to the said Thomas D. Mathewson a commission, of which the following is a copy:

“United States of America, State of California—To all to whom these presents shall come, greeting: Know all ye, that reposing special confidence in the capacity, interity and fidelity of Thomas D. Mathewson, I, Newton Booth, Governor of the State of California, in the name and by the authority of the people of the said State, do, by these presents, appoint and commission him, the said Thomas D. Mathewson, State Harbor Commissioner in and for the city of San Francisco, State of California, vice John Bosenfeld, resigned, for the term prescribed by law.

“In witness whereof I have hereunto set my hand and caused the great seal of the State of California to be affixed, [444]at Sacramento, this 27th day of May, in the year of our Lord, 1873.

“Newton Booth, Governor.

“ [seal.] Attest, Druby Melons,

“ Secretary of State.”

And thereafter, within ten days, qualified to enter upon the duties of said office, by taking the oath of office required by law, and filing a bond with sufficient sureties in the sum of $50,000, which bond was approved by the Governor and Treasurer of the State of California, and entered upon the duties of said office, and since said time has continued, and now does continue to hold and discharge the duties of said office.