Ball

Ball v. Kenfield

Good Law
55 Cal. 320
Supreme Court of CaliforniaJuly 1, 1880No. 6,617California629 words

Opinion

lead Opinion

McKinstry, J.

The Act of April 1st, 1876, (Stat. 1875-6, p. 798) provides that within sixty days after its passage, the Governor shall appoint three suitable persons, etc., “ who shall hold office for the period of three years from and after their appointment by the Governor.” The section requires that the Commissioners shall, “ within thirty days after their appointment,” meet, take an oath in writing faithfully to perform their duties, organize, and proceed to investigate, etc. The eighth section provides that each of the members of the commission shall be paid a salary of $200 per month.

*321 Each of the members of the board received a commission from the Governor, May 29th, 1876, and on the 27th of June, following, the board met, qualified, and organized. They have been paid their salaries for eleven months, and the question here is whether they are entitled to their salaries for the month of June, 1876.

We see no difficulty in construing the provisions of the act according to the terms employed. The term of office commenced from the “appointment by the Governor,” and that the qualification of the Commissioners was not intended to be included in the word “ appointment,” is apparent from…

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