County of Solano v. McCudden

Citations

• 120 Cal. 648
• 53 P. 213
• 1898 Cal. LEXIS 828

Syllabus

<p>County Government Act—Claim of Supervisor—Presentation to District Attorney—Action by County.—The authority conferred upon the district attorney by section 51 of the Oounty Government Act, providing that all claims against the county presented by members of the board of supervisors for any service rendered by them must before allowance be presented to the district attorney, who must indorse thereon in writing his opinion as to the legality thereof, and, if he declare the claim illegal, must state specifically wherein it is illegal, and the claim must then be rejected by the board, is valid; and a claim of a supervisor for services performed by him as ex offieio</p> <p>■ road commissioner, allowed and paid without presentation to. and indorsement by the district attorney, is invalid, and the amount thereof may be recovered by the county.</p> <p>Id.—Constitutional Law—Uniformity of Operation.—The claims of its own members are on a footing before the board of supervisors so different from claims in general that special conditions for their allowance may be justly imposed by the legislature; and, as the requirement of section 51 of the County Government Act for submission of such claims to the district attorney, applies alike to all claims within the category thus peculiarly circumstanced, the statute has uniformity of operation within the meaning of section 11 of article I of the constitution, and is not unconstitutional.</p> <p>Id.—Decision of District Attorney not Final—Action by Supervisor.— No authority is conferred upon the district attorney to adjudge conclusively upon the legality of the claim of a supervisor; and the supervisor whose claim is rejected has still the right to sue the county therefor in the proper court.</p>