Frandzen v. County of San Diego

Haynes, C. This is an appeal from the judgment upon the judgment-roll, and the only question presented by the record is whether the county clerk had authority, as the law stood in 1892, to bind the county by his contract with the plaintiff to print the great register for that county.

In July, 1892, the board of supervisors fixed the price for printing the great register for that year at fifteen cents per name for the first five hundred copies, and seventy-five cents for each additional copy. On August 26, 1892, W. M. Gassaway, then county clerk, contracted with the plaintiff to print the register at the prices fixed by the board. On September 26th, and before any of the copy had been furnished the plaintiff, Gassaway was superseded as such clerk by C. W. Thompson, who refused to permit the plaintiff to print the register, and employed other parties to do the work; and this action is to recover damages from the county for the breach of said contract. The cause was tried by the court, and resulted in findings and judgment for the plaintiff. The question to be decided is raised by the demurrer to the complaint, and upon the findings.

The opinion of the learned judge who tried the cause . is printed in respondent’s brief (and which constitutes the principal part of it), and the conclusion reached is based upon his construction of section 1115 of the Political Code, and of subdivision 23 of section 25 of the County Government Act (Laws 1891, p. 305), and section 34 of the same act, page 309.

By section 236 of the Act of 1891, page 422, all acts and parts of acts inconsistent with it are repealed.

[319]By section 1115 of the Political Code it is provided that “ within fifteen days after making such lists (of voters), the clerk must have printed a sufficient number of copies thereof,” etc., and section 1116 directs the clerk to distribute them.

These sections are in that part of the Political Code which provides for the government of the state, and the registration of electors. Section 1115, as well as other sections of the chapter, show that the board of supervisors have a general control over the matter, and may order new registrations, or, if a sufficient number of former registers are on hand, may direct the clerk “ to cancel all names thereon required to be canceled,” and to prepare a supplement of additional names; that assistants may be employed by the clerk, for such times and at such compensation as shall be fixed by the board, which shall be paid out of the county treasury; but ño other expense is provided for by this chapter of the code.