The morning call., 1891-01-23
LEGALLY MADE.
An Opinion Rendered by At.
tQTley-GeneTal Hart
Decision Concerning The Question Of the
Governors Appointing Power.
Features Of Some Of The New Bills Intro
duCed in the observation-disclosures Acted
Upon by The Committees.
Special to THE MORNING CALL

Special to THE MORNING CALI.
SACRAMENTO, Jan. Ex-senator Goucher's
ardent desire to know whether Governor
Markham had the right to cancel the NOM
nations made by Ex-Governor Waterman
was quenched to-day. The Senate confirmed
all Of Marbham's appointments, and At
torney-General Hart rendered a decision to
the effect that they were legally made. The
Acknowledgement said:
THE ATToENEY-GENEEAL's OPINION.
-, ,..s ~, ,jeIr TO act upon appoint
mems made is lie Governor during the recess
~ Tie Legislature, ana MS tNceHenc!' Nuf-
eIuor Maj ham, had lie IlEhL 10 SO liiluIlh .no
Ssnafe v nirh lie ala by Withdrawing from cou-
nrniatton the names which Iue SENATE supposeu
they were 10 act upon.
Secuud-If your request was ior the purpose
Of a>Ceit.iuiug my opuiOn as TO the relations OF
tie Senate 10 lie appointment oil MI; O@npueLl
rs Prison Director 10 succeed MI. htoGy re
slgred | Will state that Nj. h ddy, having been
appointed during recess OF The Legislature, ms
COMMISSION would only run from The date Of rs
Issuance TO The end OF the present session OF the
Legislature. lie having itslEheu aItei tHe tLS
eut senate opened Us session, ana uoNtInoI
Wateinlau's message simply beng 70 HHtnlnate
Nj. Campbell 10 occupy The term OF Mr.. heuuy,
resigned lie effect Of that nomination ohly
would have been, had II been conn med, TO CON
tuue until The close Of lie session Of The present
PRECEDENTs CITED.
TnIrd-I am also OF the opinion That the COY
eIuul cauuot appoint HHeI IL je r,,IiJnIeJ ny fIle
session an uIltei VIZ. Ii01'fr lie. MI CannbeH
h-tf,F. dominated hy lie governor, tAe 'o'C iIot
nIu '',e tl-.' w - .,-ri upou hy the Senate;
that is 10 say, ucI--tt1l j. uYt - . t,|.
III am. ointment. X Is simpiy Que ~ 'Aelo L'
e.tts rs g .if. Gsd scted on Inc matter Tie
~ i ..',',, IA Inc Right 10 withdraw any uGmi-
I', li.I he isa made lie Office OF tie GOV
- a., - ls ,-T-.n,b ereu Is distinct from
ts5.V,, u nus -, ~ RE nerson ho.dIrg TIE
6i,r- ms acrisn on tie part Of the Governor l..
therefore. sustained by Tie law. III Is also
sisfsfrei nv rrececent as will be seen uy an |
eI5TlIl8tion Il lie journal Of HE senate, |
J9-'-rv-tIrtH session. pa.r -5G. where, un Feb |
Euary - lssS ms EAs.-e. e., " ~ e sros,oTd
nan me- Isl ,ieg rtGd.Hs confirmation before
Ilat honorable body; a.,o tne s"ne j.-Iaa.,
same ,e,>' %, a, - ,, ''' W I.-5 eerl |
". ii. D,moad as cumraqder q iue Second
BilG.lti $50 ne 'o' u'1 "a yI.'e his Fy
ceuelcy Governor s,anri1au withdrew The name |
o. l. L. Ee"' ,,s az l i' t Sye, s,. win.
dfeS lie lmes Of benjamin SuutJlen and JOHN /
z Brown ioI tue reason t''1' Ire l.d a'' tous'leI
N'iOI'' -'' LIZ -. 80, -,
-,.., ,,,. % IA, az I,ya Dan,c,s,ic
an l'lI.ie, establishing precedent when has
been followed by Tue present G9'eIuof- a.N1 |
Hesl'e 20 Sg' g5ce a. 5Ser s Sc
Iency H. ". Waterman withdrew The name Of /
IL u. o-c- i,u ne cons .-eia-Ilu ~ NE sen I
't5,a 49,. ~, VIM ~, -'l1-.s I'M
ana ought to ue maintained on lie ground of /
Iuuac pogey' ieI ".gl ,At ttohie ul EIe.tt com
iIt,9 of r.. mes bv e',r, Cirf Fyec-
i've. iA.l chi EN-cu,iYe SHOULD lie responsible /
foi ile administration IL lis Affairs, aud lie can /
SpponlneHis Of lie offic5fs VINO are IT, .ct In |
unison VIVA lie lrmc4.e- Of Tie platform anu /
,A5 H. He u Hen me. - -15G, III ' we're
ad.1eieut political p4f,y could pr.peiuate Itself
upon tie u-csis and lie people slru il was the |
should be Changed.
Bert Of San Francisco, who did not mean
10 do Il. raised a breeze in the House This
,f..-,...- I., - 60. "a .-.. :, -. |
~ -0-1 ~ .He''--s ~ ''J JAIN III lesDiet |
u haiaAata' IheIe were several members, |
lncIulln5 Judge DI1oie, Who spoke against |
he motion. but it prevailed.
XIV r.rrrs
henIIo mas IAI dlcrl d.. IN the AS
sem5iy providing that school trustees shall |
be elected In each district On tie inst Satur- |
dav IN June, If each v43r
Asso+,I,I,.-.-- II, L. ;-.-.,,
- '..-' - .'a' .I''T luceu
measure IoI Tue creation Oh q State Board Of |
HaTn1r Commis> Ioners for Humboldt Bay.
AsSembiymau Dennis sy reguestj has in |
trOduced a hill for the in'arcianra of o-.,.,, |
rights OF school tav+-hr.i-s bs.,,..-., S.r;r5 |
MIA and othar = 90. I'll. -. 0,,''''.
tT, ,,e,-7o - ..'-. p'o'-i1s NLAt II
NNe peope Vi any o'her state shall desire to
adOpt for their schools any bo1k uraparad |
for California schools SAID State shall rant
all ottar S.o4as .ta - 7'"H'
riyb4s 1'7 u iI9 coS5-
Assem- DlEmau El0aWill has intrr1 mad
measure OF Importance to miljtiaman vbfeb
provides that the National ca e
the Sfata si,aT nv -, &c. I1aIu Oh
MES and mus Ina Ioa..7 -, "a > -AEe coulpa-
80 W''A reference to the military wants
IAeTeoI.
7, hauE 81 the members OF Frank Bartlett
Vs. ": a. H. nave sigHed petition to the
go EIa. .;o TO pass pm exemptlng them
iioll Tie payment oil polI-taS.
The Jordan claim for building tho Falcon
Prison was cons .dered Tonight bv the A.
semhIy Committee on Claims, which amend
Gu ~ 10y STRIKING out the interest, and allow
So b. - as recommended by the
;Th,. Con,a,itt- 80 80 t tI,'I
ate, at a meeting last nIghf reno, r'ie gu,
the rassage OF bin to pay the memhars ~
the state Board Of Health $40 per dav while
II, ~, SESSION: he committee also favored the
anons ~ o'Il 9IDIudlng the uses Of pos-
McGowan;s hi I[se,, JGilleq goods
of the Superintendent of St iT Iie etectlon
The time and in the same manner as tb "s
erection Of the Governor of the State will he
~, r"s,l%o by recommended by the Senate Com
The Senate ' SorS,,
cussed tonight the ballot rsfo [Iecslons as
but postponed action until next wei 'eS'
g. me rouse Committee on Agriculture met
nrnviiing "t To- u Zee, TO recommend the bill