The record-union., 1893-05-20
CAPITAL REMOVAL.
Pro Forma Judgment Granted in
Favor of San Jose.
1t Was By Consent-The Case Now
Goes to the Supreme Court
on Legal Points.


mitting the question of Capital removal
to the people for their vote, was called in
Judge Johnson's court yesterday after
noon, on an agreed statement of facts.
General A. L. Hart, of counsel for Ride
out, asked that the court give pro forma
judgment upon the statement in favor of
the defendant in order to facilitate an ap-
peal to the Supreme Court and more
speedy settlement of the question.
Judge Johnson said he did not like to
render a judgment upon the case against
the interests of his own city, unless it was
q bona fide judgment on trial of the case;
but as the attorneys asked for it in this
shape he would comply with their re-
quest. He therefore ordered judgment
entered as asked for.
A motion of appeal will be filed in the
case to-day, and the transcript taken to
the Supreme Court Immediately there
after.
On Monday d. NJ. Delmas, of counsel
for the defendant, will move that the case
be advanced on the calendar for speedy
hearing, and it is expected that n decision
VIII be reached in the case within the
next fifteen days.
THE STATEMENT OF FACTS
Was signed by A. L. Hart and J. w.
Armstrong for the plaintiff, and d. NJ. Del
mas and Ii. V. Morehouse for the defend
ant and recites that it is hereby stipu-
lated and agreed, by and between the
parties to this action by their respective
attorneys, that this case shall be sub
mitted to the court for decision upon the
following agreed statement of facts:
First-That for more than two years
past the relator has been and is now
NnNNe 49, .TN-
Francisco, and during that time has been
and now is the owner of large amount
OF real and personal property in the
counties of Sacramento, Butte, Colusa
and San Francisco, and that as such he is
a taxpayer in said counties and annually
subject to taxation in them for State and
county purposes in an amount aggre-
eating $4,000.
Second-That the defendant is Secretary
Of the State of California.
Third-That in the Legislature of the
State at its thirtieth session, on March Ii,
1888, an amendment to the Constitution
of the State was proposed in the Senate,
entitled "Senate Constitutional Amend
ment No. 23,'' by which it was proposed
to amend Section l of Article X Y of the
Constitution in the words and figures fol-
lowing:
''Senate Constitutional Amendment
No. 23, submitting to the people of the
State of California an amendment to the
Constitution, amending Section of Ar
ticle Xxx. of the Constitution of the State
OF California, relative to the changing of
the seat of government from the city of
Sacramento to the city of San Jose
The Legislature of the State of Cali
tornia, at the thirtieth session commence
ing on the I'd day of January, 1893, two
thirds of all the members elected TO each
house of said Legislature voting in favor
thereof, hereby proposes that Section l of
Article XX. miscellaneous subjects )ofthe
Constitution of the State of California be
amended to read as follows:
Section l. The City of san Jose is hereby
declared to be the seat of government OF this
state, and shall so remain until changed by
law; but no law changing the seat of govern
nent shall be valid or binding unless the
same be approved by a majority of the Qualf-
lied electors of the state voting therefor at a
general state election, under such regulations
and provisions as the Legislature by d two
thirds vote OF each house may provide SUP
mitting the question of change to the people:
provided. that the State shall receive a dona-
JlOn OF a site OF not less than ten acres and
one million dollars before such removal shall
be had.
The Governor, the Secretary of State and
the Attorney-General are hereby authorized
To approve such site, and upon the approval
thereof, and the payment of one million dol
lars into the State Treasury, the legislature
shall provide for the necessary building and
the removal OF the seat OF government"
members elected to said Senate voted in
favor of said proposed amendment; and
said amendment, after being thus voted
upon, was entered in the journal of the
Senate, with the yeas and nays taken
thereon; the amendment being copied
into the journal in the exact words and
figures set forth in paragraph of this
agreed statement of facts; and the said
original proposed amendment, after hav-
ing been duly voted on and adopted by
the Senate, was duly and regularly in
dorsed by the President and Secretary of
the Senate, and transmitted to the Assem-
bly, of the Legislature.
Fifth-That thereupon, on the said Ilth
OF March, 1893, the Assembly, being in
regular session, the said original bro
posed constitutional amendment so
transmitted was proposed in the AS
sembly by Hon. John c. Lynch. As
semblyman from San Bernardino County.
and then and there voted on by the AS
sembly, and two-thirds of the Assembly
voted in favor of it. After thus being
voted upon the proposed amendment
was entered in the journal of the As
sembly with the yeas and nays taken
thereon, being copied into the journal in
the words and figures as passed in the
Senate.
Sixth-That after the vote had been so
declared, and the proposed amendment
so declared carried by the Speaker of the
Assembly, Hon. G. w. Mordecai, AS
semblyman from the Sixty-seventh AS
sembly District, who had voted in favor
OF 1t, gave notice that he would move to
reconsider the vote by which it had been
carried in the Assembly. Thereafter. on
March l3, 1898, the Assembly being in
regular session, Hon. John C. Lynch.
Assemblyman as aforesaid, who had also
voted nsaid Assembly in favor of said
constitutional amendment, moved that
the vote by which said constitutional
amendment had been adopted be now re-
considered, and when said motion came
before the Assembly said Assemblyman
Lynch then and there moved TO lay il on
the table; and upon the motion to lay said
motion to reconsider on the table, the
ayes and noes were demanded by Messrs.
Lynch, PendletOn and johnson of Santa
Clara, members OF the Assembly, and
the roll being called the motion to lay
said motion to reconsider on the table
was carried by vote of fifty-eight ayes
to sixteen noes.
Seventh-Thereafter, on the said 18th of
March, Assemblyman Mordecai moved
TO take from the table the motion to re-
consider the vote whereby the said con-
sttutional amendment had been adopted
in the Assembly and the ayes and noes
were demanded by Messrs Bennett of
Santa Clara, Lynch and Gately OF said
Assembly, and the roll being called the
lnobIou was AOSb pN al NOle OF seventeen
ayes to fifty-two noes. Thereafter, at 10
P. NJ. of said 18th day of March, 1893, the
Legislature adjourned she die.
Eighth-Betore the adjournment of the
Legislature the said proposed constitu-
tional amendment, being the original
document itself, which had been proposed
in the Senate and then transmitted to the
Assembly and there proposed and voted
on, was returned TO the Senate. and be-
fore the adjournment of the Legislature
the Journals of both branches of the Leg