Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-01-28
AGRICULTURAL SOCIETY DIREC.
TORS IN COUNCIL.
The Finigan-Perkins Contest-Offi,
GERS Elected = Special Pre-
miums Offered.

Dana Perkins who was appointed to take
the place of P. A. Finigan, presented his
commission and oath of office, and certifi.
cate of its filing within the time prescribed
| by law, in the office of the Secretary OF
| State.
Mr.. Finigan came in a few moments
after the meeting had been called, and
asked that his name be called as he desired
| to be noted present. Il desire to know
| what action this Board proposes to take in
my case and want my name called |
claim to be member of this Board, legally
| commissioned and qualified, and l am in
! structed to make this demand by my
| counsel. Here | have documentary evil
dence to prove that my qualification
was made within the specified time.
l have done everything during the fifteen
| years have served on this Board that a
! good and loyal citizen could do to advance
the interests of the Society and l don't
| propose to be kicked out by few in the
State Department, backed by others whom
| IN times gone by have befriended l must
| qualify within ten days after receive nv
| commission, and l have with me docu-
| ments to prove it. Judge CARRIER saws NV
case IS good one, and he will take it and
win, or charge me no fee. / have seven
They know | am right, they know | have
done my duty, and they will not see me
abused. | have been vilified by some
members of this Board whom | have be
friended''
Judge Mem. Shafter interrupted Mr..
Finigan, saying he hoped the gentleman
would not indulge in personalities. He
said ne was not present at former meet
ing when Mr. tInigan impugned the acts
and motives of his colleagues. He for one
would protect Mr.. Finigan in all his rights.
but personalities should not enter into the
controversy.
Mr.. Finigan-Did Mr.. Chase answer to
his name on roll-call? If he did. he had
no business to do so, for he was expelled
by the National Trotting Association.
Ihls statement produced a smile, and
Mr. Chase, taking from his pocket docu-
ment handed it to the Secretary, who read
as follows:
NATIONAL TRorTING ASSOCIATION,
BOARD OF APPEAL, PACIFIC DISTRICT,
SAN FRASCIsCo, January %, 1855
C. NJ ChdSe-DEAR SIR: By order of the Board
of Appeals. the sentence of expulsion passed
upon you by Golden Gate Agricultural Associa-
tion No. 1, is suspended until the matter can be
heard by the Beard. Meanwhile, you are at
liberty to exercise all your rights and privileges
as though no such sentence had been imposed
Yours truly, FRANK SHAY, Secretary.
Mr.. Finigan said that being the case. he
had no more to say on that score. He was
perfectly willing TO leave his case in the
hands of such a man as Judge Mem.
Shafter. He was entitled to his seat in the
Board, and the Governor in attempting his
removal was doing him an injustice. The
Governor had been ill-advised and he pro-
posed, if the Board refused him his seat, to
carry it to the Supreme Court He re-
marked: Il can get decision from the
Supreme bench in this matter inside of ten
days"
Judge Mem. Shafter, to whom Mr.. Fini-
gan appealed, took the floor, and in few
moments reviewed the entire case. He
said the real question was which of these
two gentlemen are entitled to this office.
We cannot, as a Board, decide this aues-
ton. In most cases a public body is a
judge of its own members, and can decide
in case of contests. We, however, have no
such power. There is no provision of law
by which we can take such action. If a
gentleman is sent here with proper vouch-
ers we must recognize them. We cannot sit
in judgment upon this case. Mr.. Finigan
says he has proofs. which will set aside
the disability claimed, but this is no place
for them. He must apply to the Courts
In short, the Constitution and the laws of
our State empower the Governor to fill va
cancieS. So far as we are concerned the
Governors action in this case is conclusive
We have no right to interfere, and must
recognize Mr.. Perkins and his credentials.
Mr.. Finigan-All | want to show the
| Board is my proofs Here is Wells, Fargos
certificate showing the date | received my
| commission, and mere are the proofs of the
| filing of my oath on the following day with
| the Secretary of State. If | am to have a
successor | would rather it would be Mr.
| Perkins than any gentleman l know, but !
am not going TO tamely submit when |
| know ! am right.
| Mr.. Boggs-What was the date of your
appointment and the dale of your filing
your oath with the Secretary of State?
Mr.. Finigan-I was appointed January
| 10Th, and my oath was filed February 10Th
The statute says | must file my oath within
a certain time after | receive nv commits.
sion, and this | claim | have complied
with. Ii the express company failed to
| deliver it on time, or if there was uegli.
gence in forwarding it, that was no fault Of
| mine.
Mr.. Boggs suggested that it be made tc
| appear on the minutes that Mr.. Finigar
| appeared before. the Board and claimed his
seat.
| Director Rose-Mr Finigan can readily
see by the remarks of Judge Shafter that
we are not the judge of our own members
and consequently cannot take action as he
J desires. He not being in accord with the
members of this Board has nothing to dc
with the case whatever. | think the bes
| thing Mr.. Finigan can do is to state his
case here, make what representations he
desires, and then go to the Courts.
Director Mem. Skater introduced the
| following, which was unanimously adopted
| ReSolred That. whereas, the commission Of
Dana Perkins Director of the State Board OF
| Agriculture, with certificate of the Secretary
of State showing that his oath of Office had been
| fled within three days after the date of said
commission, vice z. A. Finigan (whose Office is
| alleged TO have become vacant having been
presented to this Board it is ordered that the
| commission of said Dana Perkins, with said Ger
| tifcate be filed by the Secretary of this Board
| that said Dana PERKINS name be called as
| member of this Board. p 4. Finigan appear
| ing and claiming that he is a member of this
Board, and that his name be called as such
| this Board denies his right thereto and directs
that his name be omitted i'll all roll calls of this
| Board. Such decision Is founded upon the
| ground of want of Jurisdiction on the part OF
! this Board to inquire into the grounds of the
| action OF the Executive Department in deter
mining the fact OF vacancy in the Office held
| by Mr.. Finigan, or as to the executive reason:
| in issuing the commission to Mr.. Perkins.
| The roll of Directors was then called, and
| Mr.. Perkins answered TO his name.
| The annual report of the Board to the
| Governor of the State was then read and
adopted. 1t appears in full on another page
of this issue of the RECoRD-UNIoN.
| The Committee on Park reported thai
| they had leased the same for one year from
December LIST to Messrs. Gardner & Craig.
ELECTION OF OFFICERS.
| The next thing in order was the election
of officers for the ensuing term. Director
Green placed in nomination for President thu
| present incumbent, L. L. Shippee, of Stock
ton. In placing Mr.. Shippee in nomination
Mr. Green paid high tribute to the Stock
tonian's moral worth, his business capacity
and ability, and pointed with pride TO thu
| financial success of the society under hi
administration. There being no opposition
Mr.. Shippee was elected by acclamation
In accepting a reelection Mr. Shippel
thanked his colleagues for the high homo
conferred, and said if he had done well il
the past he would endeavor to do equal,
as well, if not better, in the future
Hugh NJ. LaRue was reelected Superin
tendent of the Pavilion, and George W
Hancock reelected Superintendent of tn
Park
The Secretary was directed to advertis
the trotting stakes for two, three and four
year-old forms, entries 10 close March 18th
Mr.. LaRue moved that a purse for
stallion race be offered. $500 for each starte
up TO four, making a purse of g, 1000, opel
TO all stations in the United States. Car