Opinion

Cline v. Lewis

  • 175 Cal. 315
  • 165 P. 915
  • 1917 Cal. LEXIS 675
Court
California Supreme Court
Filed
Jun 6, 1917
Status
Published
Author
Angellotti
On the bench
Angellotti, Sloss
Cited by
16 cases
Authority
More cited than 34.9%

The opinion

ANGELLOTTI, C. J., Concurring.—I concur.

Were the question a new one in this state, I would feel very doubtful as to the correctness of the conclusion as to the proper construction of the charter provision involved. It seems to me, however, that the construction that must be given to section 52 of the Los Angeles County Charter, so far as pertinent to the case at bar, is determined by the decision of this court in

Harrison v. Colgan,

148 Cal. 69 , [ 82 Pac. 674 ], I do not think that what was said as to

when

the salaries there involved were increased can be held to be

obiter dictum.

That decision was rendered in the year 1908. The Los Angeles County Charter was framed and submitted to and approved by the electors of the county in the year 1912. In all material respects section 52 thereof is similar to the provision of the Constitution considered in

Harrison

v.

Colgan, supra,

and I do not think we would be warranted in holding otherwise than that it was adopted in the light of that decision and with the meaning given thereby to similar language.

Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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