The record-union., 1893-06-26
SINGULAR NEUTRALITY-SUSPICIOUS. OF
FACTS.
The Stockton MajI says:

There are now two decisions on the Capital
removal question, rendered by Superior
Judges, which are diametrcally opposed to
each other In the RideOut case which was
heard on an agreed statement of facts in
which Sacramento gave away everything, ex-
cept the question of the suficiency of the pro-
ceedings OF the Legislature in the matter of
adopting q resolution proposing an amend
lnent 10 the Constitution, the judgment was
against the city. In the Livermore
case, which was heard in the usual way evil
dence being introduced, the decision was in
favor of Sacramento. The proof in the Liver
more case contradicts directly certain mate
rial facts which were agreed to in the RiGeout
case, and the question arises as to whether
the city OF Sacramento has not placed itself IN
predicament. As the Mail understands the
matter. a party TO a civil suit is bound by his
admissions deliberately made. and if this be
So It looks as though the trial of the LiHe er-
more case was useless proceeding.
The above extract fairly illustrates the
misrepresentation that appears TO befog a
good many OF our contemporaries. Even
some of the pretentious metropolitan
dailies within forty-eight hours have
spoken of there being two decisions in
the removal question. The San Jose press
has diligently cultivated the belief that
San Jose has won one case and Sacra-
mento the other. Once for all let the fair
minded press be informed of the facts
it is useless to address any other class.
l. Two decisions have not been given; the
Rideout case was not heard" or tried"
2. Sacramento has not brought any suit
in the matter as a city. 3. A citizens
committee of lawyers brought an action
to test the legality of the submission OF
the question, since to go to the expense
and worry of an election that might de-
eide nothing would be folly. 4. An Ala
media citizen brought an action in his
own name and right to test the legality OF
the legislative proceedings concerning
Capital removal.
). In the action by the committee OF
lawyers-the Rideout case-San Jose and
Sacramento counsel agreed to statement
of facts, and agreed also that there should
be no trial, but that a pro foTBla judg-
ment should be entered for the defend
ant-the Secretary of State, that being
San Jose's side-in order that the case
might go direct to the Supreme Court.
There was, therefore, no judgment in
fact against Sacramento or for San Jose;
it was a simple agreement that judgment
should be entered as a matter of form in
order to create basis for appeal. Indeed
when the court rendered the judgment.
it remarked that it was doing what it did
TO comply with the stipulation, but that
it was judgment directly opposed to the
opinion of the court as to the law in the
case.
E. In the individual case, that of Liver
more, there was a trial, hot contest,
and long argument of the case, and the
court rendered judgment for the side rep-
resenting in sentiment the Sacramento
view.
1t will therefore be seen by these six
statements that there is nothing what
ever to justify the press in repeating that
there has been any decision" whatever
against Sacramento, or that this city
"contradicts itself" by occupying two
opposed positions.
For the benefit of the understanding Of
our contemporary, the Mail, let us add
that there were points raised in the Liv-
ermore case regarding the regularity ot
proceedings in the Legislature leading
up to the adoption of the proposed
amendment, which points were not made
agreed issues in the Rideout case, be-
cause counsel did not choose to do So
that is ali there is in it. But as to these
points the court in the Livermore case
holds against them. but gives judgment
for Sacramento upon identically the main
issues that are agreed to in the Rideout
case. There are some points, by way o
srpument, and strong ones, made in the
latter case in counsel's brief. that ara no
made in the first, or Livermore case. Bu
each case stands upon its own legs.
The MaiPs understanding OF the law
has no application to the matter in hand