People ex rel. Davidson v. Perry

Citations

• 79 Cal. 105
• 21 P. 423
• 1889 Cal. LEXIS 681

Syllabus

<p>Supreme Court—Appellate Jurisdiction — Quo Warranto.—An action instituted by the attorney-general, under the Code of Civil Procedure, to determine the respective claims of a relator appointed by the governor, and the defendant as incumbent of the office of member of the board of health of the city and county of San Francisco, is within the appellate jurisdiction of the supreme court, as being a case at law substantially in the nature of a quo warranto; and when a fine of five thousand dollars is prayed, and might be granted for usurpation of the office, the .case is also within the appellate jurisdiction as embracing a money demand amounting, exclusive of interest, to more than three hundred dollars.</p> <p>Board of Health — Filing Official Oath — Vacancy. — A member of the board of health of the city and county of San Francisco is included within the literal terms of both the first and second subdivisions of section 909 of the Political Code, and might properly file his oath of office with the secretary of state, and also with the county clerk; but having duly taken the oath, and filed it with the secretary of state, his failure also to file it with the county clerk is not such a refusal or neglect to file his official oath as will forfeit his office or create a vacancy under subdivision 9 of seotionS96 of the Political Code.</p> <p>Forfeiture—’Construction.—Provisions for forfeiture of vested rights, whether in statutes or contracts, are not favored, and are construed strictly against the forfeiture, or as liberally as possible to prevent it.</p> <p>Constitutional Law — Office — Board of Health—Duration of Term — Appointing Power of Governor. — The members of the board of health of the city and county of San Francisco are officers, within the meaning of article 11, section 7, of the old constitution, and of article 20, section 16, o£ the new constitution; and a statute fixing their term of office at five years is unconstitutional, and leaves the duration of the