The record-union., 1891-10-22

IlCdHS tney nave OF convincing IlS VI I1S
courts of the facts alleged in their COM
plant, will l be doing justly by them?
TO deny them is certainly to deprive
them of all the legal rights they have.
To grant their request-should they es-
tablish all they claim-would be COM
plete justification of my course. But
| suppose they do not establish their
claims, then | shall always feel that they
have had their day in court, and no harm
has come of it save the trouble and eX-
pense they have heaped upon the in
habitants and taxpayers of the county.
There are several legal questions pre-
sented to me in support of this request
and against it, but, like the questions of
fact, l cannot take the responsibility of
passing upon them. These are also ques-
tions for the courts, and not for me.
There is, however, one legal point
which has been strongly pressed by the
counsel for Glenn County and also by the
Attorney y-General, and that is that the
courts will not go behind the returns of
the Board Of Commissioners to inquire
into the legality OF the proceedings prior
to the return of said election TO the State
authorities. In other words, that the act
Of that commission was final and con-
elusive upon all parties. If that be true,
then the questions involved are much
simplified, and upon the courts passing
upon that question the whole matter
would be ended. 1t has also been strongly
urged by the attorneys for Glenn County
that | should not allow this request, on
the ground of the great expense attend
ing such litigation. While l would be
very glad to save this expense to the peo-
pie, and still hope that better judgment
viii prevail, yet, if costs are to be made,
the parties who intiict this burden upon
the people must alone stand responsible.
/ do not think that should prevent me
from complying with this request.
Therefore, as a result of my investiga-
| ton, and in accordance with the theories
and ideas herein advanced, / feel justi-
| fed in arriving at the following conclu-
sions, which Twill state as briefly as pos
sible:
First-That petitioners have q right to
apply to either the AttOrney-G eneral or
the Governor for permission to bring this
suit; and the fact OF first applying to the
Attorney does not, in my
opinion, estop them from applying to the
Governor. The law evidently contem-
plates this kind OF a case, else it would
not have clothed the Governor with the
power TO order it done. 1t is simply a
matter Of discretion on the part OF either,
and if the Attorney-Generald does not feel
inclined to assume the responsibility Of
allowing this suit to be brought, he has a
right to refuse and thereby throw the
responsibility upon the Governor, who in
turn must exercise his discretion in the
premises.
Second-I cannot ignore the fact that
great controversy has been going on for
the last SIX or eight years in Colusa
County over this same matter, and
that l approved the bill creating this
county, in the face OF earnest prOtesta-
tions made to me at the time by these
same people, who claimed that an honest
vote of the people Of Glenn County would
not approve division; and further that
these same people now confront me with
The charge that fraud and corruption
have been resorted to in the election that
was held under the Act creating the
county, else the vote would have been
against division; that they only ask Of me
to be allowed, without expense to the
State, to enter the courts, that they may
! show to me and the State that they are
| sincere and make this request in good
| faith and for the benefit of the people of
| Glenn County.
| brought the petitioners are forever barred
! avenue through which redress can be OBJ
tanned. Were it the grievance of one or
two inhabitants, / should feel differently,
but it comes from a whole community Of
respectable citizens of the State. ! am
the only one to whom they can appeal,
and without intending to pass upon the
merits and demerits of this controversy,
| feel it nay duty to grant their request,
and to order the suit brought, but under
such conditions as the Attorney General
may prescribe for the protection of the
States liability in the premises.