Bailhache

Sec. 4106 of the Political Code is unconstitutional. The order should have been published by order of the Board. The authority of the Board is measured by the statute alone, and it prescribes the mode in which the power is to be exercised. {Fox v. Board of Supervisors, 49 Cal. 565 ; Cowell v. Martin, 43 Cal. R. 605.)

Jo Hamilton, Attorney-General, and L. B. Mizner, for the People.

No separate order directing the publication of the “ ordinance ” was necessary. The fact that it was published presumes that it was done according to law, and by direction of the Board. (People v. Board of Supervisors of S. F., 27 Cal. 656 .)

Many objections are taken to the attempted consolidation of the office of County Auditor with that of County Recorder, but it will not be necessary to notice more than one of them—the one in relation to the publication of the ordinance. It is provided by sec. 4106 of the Political Code that the Boards of Supervisors of counties of the second class may consolidate the offices of Recorder and Auditor and certain other offices “ by an ordinance ' adopted, recorded, and published at least three months prior to a general election at which county officers are to be…