Opinions of the City Attorney of San Francisco 1916-20

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Therein I said: "In my opinion, as I read the section, in order to constitute a valid claim against the City and County of San Francisco, the fugitive must be actually returned.
The proviso in Section 1557 was simply added by the Legis- lature to limit the liability of the State and not to impose liability upon the several accounts of the State exoept in so far as the wording of the Section would impose such liability. It is not for me to read in to -3- 87 Section 1557 language there not employ
...ed and in the case under consideration, it certainly cannot he said that the City and County of San Francisco would he liahle for the expenses of Detective Kracke for the ohvious reason that the fugitive Mara was not returned.
The meaning of the Section is that when the fugitive is returned and placed on trial the ohligation to pay the expenses rests upon the State; when the fugitive is re- turned and not placed on trial, the ohligation is imposed on the county asking the requisition; hut when the fugitive is neither returned nor placed on trial, there is no liability against either the State or County." You are advised therefore, if it is shown to your Honorable Board that a requisition was regularly issued by the Governor of this State to the Governor of the State of Washington for the return of said Gurley from said State to the City and County of San Francisco, and that Gurley was returned to this City and County, that the claim presented, if for the proper amount, is, under the provisions of Section 1557 of the Political Code, a proper charge and claim against the City and County of San Fran- cisco.


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