County of Sonoma v. City of Santa Rosa

Citations

• 102 Cal. 426
• 36 P. 810

Syllabus

<p>Municipal Corporations—Violations of City Ordinances and State Daws—Place of Imprisonment—Construction op Charter of Santa Rosa.—Under the charter of the city of Santa Rosa, persons found guilty of violating city ordinances should be committed to the city prison, and those found guilty of violation of the criminal laws of the state, where imprisonment is ordered, should be committed to the county jail.</p> <p>Id.—Expense of Local Government—Statutory Construction.—It is the policy of our frame of government to localize as far as can be reasonably done, not only the power, but the expense, of government, so that the expense of the county government should be borne by the whole county, and the expense of city government by the city; and if the language of a municipal charter is doubtful, or capable of different interpretations, it ought to be read in the light of our frame of government, and construed in harmony therewith, so as to require that the expense of city government should be borne by the city, and no part of it by the county at large.</p> <p>Id.—Liability of City for Committing Prisoners to Coonty Jail.— A city is liable to the county for hoard of prisoners committed to the county jail by the city recorder, for violations of the ordinances of the city.</p> <p>Id.—Effect of Illegal Commitment—Competent Authority—Duty of Sheriff—Recovery by County.—Although commitments of prisoners to the county jail by the recorder for violations of city ordinances are illegal, yet they are made by competent authority, within the meaning of section 1611 of the Penal Code, and it is the duty of the sheriff to receive them, and to provide them with necessary food, to be paid out of the county treasury; and the county having borne the expense, which, under the law, should have been borne by the city, is entitled to recover the same from the city.</p> <p>Id.—Imprisonment at Request of City—Implied Promise.—A commitment to the county jail by the judicial officer of the city, th