The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-13
THE ORDER GRANTED.

Judge Prewett of Placer Issues Re-
strainlng Order-The Hearing set.
The complaint of Livermore and his
petition for an order restraining the Sec
rotary of State from acting in the prem
ises were brought before Judge Prewett
of Placer Countrywide is sitting temper
arily in Department Two-who issued the
following restraining order:
In the Superior Court of the County of
Sacramento, State of California. before
J. L. Prewett, Judge of Superior Court
of Placer County, acting and sitting here
in by request of The Judge of this court.
Horatio Z. Livermorc, plaintiff, VS. f. G.
Waite, Secretary OF State of the State of
California, defendant.
The above-named plaintiff having COM
menced an action in the said Superior
Court of the County of Sacramento, State
of California, against the aboye-named
defendant, and having prayed for an in
junction against said defendant, requir-
ing him to refrain from certain acts in
the complaint IN said action, and herein
after more particularly mentioned.
On reading the said complaint in said
action, duly verified by the oath of Ho-
ratio p. Livermore, plaintiff in said ac-
ton, and 1t satisfactorily appearing to me,
that if the allegations of said COM
plant are true, it is proper case for an
injunction as prayed for, and that suf1i-
Gent grounds exist therefore, and the
necessary undertaking having been given:
1t is therefore ordered: That you, the
said f. g. Waite, Secretary of State of the
State of California, be and appear before
the said Superior Court of the County of
Sacramento, State of California. in the
courtroom of department No. Two of
said court, in the Courthouse of said
.,,N - -
oath day of April, 1898, at the hour of 10
O'Clock A. NJ, of said day, then and there
to show cause to said court, if any cause
you have, why you, as such Secretary of
State of the State of California, and each
and all of your assistants, clerks, en-
plOyeS, agents, attorneys, and all others
acting by or under your authority, as
such Secretary of State, should not
be perpetually restrained and en-
Joined from preparing or causing to be
prepared any index or marginal notes to
a certain resolution, alleged to have been
adopted by the Legislature of the State of
California, at the thirtieth session thereof,
and known and designated as Senate
Constitutional Amendment No. %.
And further, to show cause to said
court, if any cause you have, why
you, as such Secretary of State.
and each and all of your assistants,
clerks, employees, agents, attorneys
and all others acting by or under your
authority, as such Secretary OF State,
should not be- perpetually restrained and
enjoined from in anywise or at any time
certifying to the Clerk OF each or any
county OF the State of California any mat
ter or information, of any nature what
ever, for publication by said Clerks, or
any of them, with the view and intent to
have such Clerks make publication touch
ing said alleged Senate Constitutional
Amendment No. %, or for the purpose of
having said alleged Senate Constitutional
Amendment No. % submitted to the
electors of the State of California for the
popular vote thereon, at any time what
ever.
And further, to show cause to said court,
If any cause you have, why you, as such
Seer etary of State, and each and all OF
your assistants, clerks, employees, agents,
attorneys and all others acting by or I'M
der your authority as such Secretary of
State should not be perpetually restrained
and enjoined from mourning any expense
for which the State of California, or any
taxpayer thereof, as such, will in any
wise be liable, in connection with, or in
relation to, said alleged Senate Constitu-
tional Amendment No. %.
And it is further ordered, that pending
the hearing and determination of said ac-
ton, or until further orders in the prem
of State of the State of California, and
each and all of your assistants, clerks.
employees, agents, attorneys and all 9TH
ers acting by or under your authority, as
such Secretary of State, do so absolutely
desist and refrain from preparing or caus-
ing to be prepared any index or marginal
notes to said Senate Constitutional
Amendment No. %.
That pending the hearing and determi-
nation of said action, or until further
orders in the premises, you, the said E.
G. Waite, Secretary of State of the State
of California, and each and all of your
assistants, clerks, employees, agents, at
torneys, and all others acting by or under
your authority, as such Secretary of State,
do absolutely desist and refrain from GER
tifying to the Clerk of each or any County
of the said State of California, any matter
or Information of any nature whatever
for publication by said Clerks, or any of
them, with the view to having such
Clerks make publication touching said
alleged Senate Constitutional Amend
ment No. %, or for the purpose of having
said alleged Senate constitutional
Amendment No. % submitted to the eiec-
tors of said State for the popular vote
thereon at any time whatever.