Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-13
MAYOR GREGoRY's POSITION
favor Gregory then said

" will state for the benefit of the commit !
tee and all present that the Board Of Trus- |
tees made these appointments, as Board, |
previous to the primary election, and we |
guarantee this, that if that primary had |
taken place before the selection of this |
Board there would have been one or two, |
at least, who would not have been ap- |
pointed. l understand, however, that the |
Board has no power to change the construc- |
ton of the Boards of Election; that is, |
that the matter is in the hands of the peo-
pie more than it is in the Board of Trus- |
tees. l will read an opinion which we
took the precaution of having placed be-
fore US this morning"
The Mayor then read lengthy opinion
prepared by A. P. Catlin, which took the
ground that after the Board of Trustees
had once acted in the matter of proclaim
Ing an election they could not change the
officers of election, who must be named
at the time the call is made. Several Sec
tons of State laws were quoted in support
of the position.
Mr. Gregory said that in the light of that
opinion it seemed to him the Board were
powerleSS to act.
CLINTON WHITE
Then addressed the Board as lawyer. He
said &" have many times had occasion
to almost despise the profession on account
of the attitude taken by members OF
| il. This Board has an opinion there
| that | say without question, was
written, not with any understanding on
part of the Board, but with the determine
ton on the part of the attorney who wrote
| it, before commencing to write the opinion
or investigating the subject even, that he
would arrive at that conclusion. l chal-
lenge the correctness of that opinion, as
matter of law, in almost all particulars. So
far as it being the law of the case that the
Board is powerless to act. the exact oppo-
site is the law"
Mr.. White went on to say that it had
been held time and again, in numerous de-
| cisions, that when a regular election is to
| take place the time of which is fixed by
law, it is not necessary for the Board to act
at all, even in proclaiming an election.
The people can meet together and
elect officers of election and hold
an election that is valid, without
any action on the part of the Board at all.
The provision for the appointment of
Election Boards and the issuing of procla-
nations, is simply to prevent any jar of the
machinery. Suppose" said Mr.. White,
" that instead of these people being merely
MORALLY CONVICTED
AS they are before the entire people of Sac
ramento to-day, the fact had been that be-
the tine of the election, these people had
been convicted of felony, would this Board
think they were poTerless to act?"
The Mayor do not say that.
Mr. White-You would not hesitate in
that case.
The Mayor-According to that opinion
we would have no power at all.
Mr.. White insisted that the provisions in
relation to the appointing of Judges and
The validity OF the election did not depend
upon them at all. He was willing to stake
his reputation as man and lawyer upon
the proposition that an election would be
valid if the Board did not pro-
claim it at all. In a special cleo
ton it was different. Then it was
necessary TO proclaim the election. The
Board had the undoubted right to make
any changes it deemed necessary, and they
ought certainly to be convinced of the ne
cessity of making some changes in this
ease. That the people demand that there
should be some change made, l think every
one of this Board must admit. In conclu-
sion, he said: Now, gentlemen, for Gods
sake do not shelter this matter behind this
echnicality-behind this opinion, which is
not good law, and which will not be sus-
tanned by the better class Of the legal pro-
fession."
WANTED TO DO RIGHT.
The Mayor-Personally, l am perfectly
willing to do anything that is fair and cor
rect and proper. l only want to know that
what we do is legal. l am willing to do
what you gentlemen want if it can be DEM
onstrated that the action would be legal
The question is: Is Mr.. White correct, or
is NJ. Catlin correct?
Mr. Johnson agree with Mr.. White.
The MayoI-Personally am willing to
go with any member of your committee
and request any member of that Board to
resign.
Trustee Ryan-That is the way l feel
about it.
The Mayor-If we have any right to re-
move them that is another thing | say
unequivocally that if this primary had
taken place before the appointments were
made that there would undoubtedly have
been changes.
Mr.. Johnson said that as the Board were
in doubt as to their power, and based that
doubt upon the opinion submitted to them
by Mr.. Catlin, he wished to state that
Judge w. H. Beatty was of the same
opinion as Mr.. White himself, and would
have been present 10 so state to the Board
but for the fact that he was engaged in
Court.
The Mayor thought that possibly they
|
ject as MI Catlin had.
. Trustee Ryan, would be willing, as far
as 1 am concerned, to go to these men and
, ask them to resign. think it would be a
violation of the law to remove them. Mr..
Catlin has been really our legal advisor,
and we have always found him correct,
generally. If we have the power to put an
[ additional man on each Board, am salts
fed.
RIGHT TO THE POINT.
Trustee Jones then then took hand in
the discussion, and hit the nail on the head
squarely. He said:
Gentlemen, the whole point in regard to
+. this matter is just this: These prominent
citizens are not down here for nothing.
do not know these gentlemen who are re-
ferred to, but we all know-the whole CITY
of Sacramento knows-that there were ter
7 rible frauds committed up in the Fourth
Ward primaries, and that these same men
who were on the Board then are on there
now; and to harmonic the thing, | think
| the least the Board of Trustees can do
and l believe they have the power to do
it, and that these lawyers are correct
is to name new officers of election clear
through in each ward, and | make a motion
l to that effect
Mr. Jones short speech was greeted with
loud applause.
The Mayor and Trustee Ryan both re-
! marked that such action would be refec-
! ton upon the many good men who were
on the election boards.
Mr. Jones said it would not. All the
, , good men could be reappointed and none
of them would consider it any reflection
! upon them. 1t was not so intended and
he did not want to say word against any
man. He thought every good man on the
; Board would be willing to resign in order
to have the matter fixed up properly.
Mr.. A. S, Hopkins said that nothing
l would result from going to these men and
! asking them to resign. He said that
THEY WOULD NOT RESIGN.
He had gone to one of them this morning
and told him that in view of the great feel
ing existing he ought to resign, but he was
informed that he " was not that kind of a
man." and was not going to do it.
The Mayor suggested that the matter go
over for couple of hours, in order that
Mr.. Catlin might appear and argue the
question. Just at this point Mr.. Catlin en-
tered and was called upon by the Mayor to
state his views. II took some time to make
him understand what subject was under