The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-07-08

Judge Grant of Yolo yesterday filed in
the Superior Court here his findings and
judgment in the case of H. 2. Livermore
OF Alameda VS.. Z. G. Waite, Secretary OF
State, known as the Capital removal case.
The decision of Judge Grant was pub
hshed some weeks ago, but the findings,
which complete the history of the case,
so far as the Superior Court is concerned,
will be found of interest. They are as
follows:
In the Superior Court of the county OF
Sacramento, State of California.
Horatio 2. Livermore, plaintiff, VS.. l..
O.. Waite, Secretary of State of the State
of California, defendant.
FINDINGS OF FACT.
This GAUGE came on regularly for trial
on the 9th day of June, 1893, before Hon.
w. II. Grant, Judge of the superior
Court of Yolo County, sitting in Depart
ment No. Two of the Superior Court OF
Sacramento County, at the request of Hon.
Matt +. Johnson, Judge of said Court:
L. T. Hatfield and Grove L. Johnson
appearing as attorneys for plaintiff; and
w. II. II. Hart, Attorney-GeneraI OF the
State of California, II. Y. Morehouse and
d. NJ. Delmas appearing as attorneys Tor
defendant.
And from the evidence introduced, the
court finds the facts as follows, to wit:
l. That plaintiff is a citizen of the State
of California, and a taxpayer, interested
in the matter in controversy, as SET out IN
the complaint.
2. That the defendant at all the times
mentioned in the complaint was, and
now is, the duly elected, qualified and
acting Secretary of State Of the State of
California.
3. That during the regular thirtieth
session of the Legislature of the State of
California, commencing on the ID day of
January, 1898, and on the 18th day OF
March, 1898, while such Legislature was
in evening session, and after the hour of
10 o'clock in the afternoon of said llth
day of March, 1893, Z. c. Seymour Sena-
tor from the Thirty-ninth Senatorial Dis
trict, member of the said thirtieth ses-
sion of the Legislature of the State of
California, introduced the following reso-
luton:
ResoZUed. That the provisions of the Cons IT,
tuition be suspended, and Senate Constitu-
tonal Amendment No. % be allowed 10 be
introduced and read.
The roll was called and the resolution
adopted by the following vote:
Ayes-Messrs. Arms, Bailey, Berry,
Broderick, Burke, Campbell, Denison,
Dunn, Earle, Everett, Fay, Flint. Ford,
Gesford, Harp, Hoyt, McAllister, Mc-
Gowan, Maher, Mahoney, Martin,
Mathews, Mitchell, Orr, Ragsdale, Sey-
mour, Shippee, Simpson, Streeter, VoOr-
"
-33.
Noes-Senator Hart.
And thereupon Senator Seymour in
troduced in the said Senate, and moved
the adoption thereof, the following:
Senate Constitutional Amendment No. %.
Submitting 10 the people OF the State of
California an amendment to the Constitution
amending Section l OF Article Xxx. of the
Constitution Of the State of California, rela-
tive TO changing the seat Of government from
q q q "a
The Legislature OF the State OF California, at
its thirtieth session, commencing on the I'd
day of January 1898, two thirds of all the
members elected to each house of said Legs-
lature voting in favor hereof, hereby proposes
that Section l of Article M. miscellaneous
suoJectsl OF the Constitution OF the state OF
California be amended as to read as follows:
Section l. The city OF San Jose is hereby de
clared 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
ment shall be valid or binding unless the same
be approved and ratified by majority OF the
qualified electors OF the State voting therefor
at general State election, under such regUla-
tons and provisions as the legislature by u
twothlrds vote OF each house, may provide
submitting the question OF change to the peO-
PIE; provided, that the Stale snail receive
donation OF a site of not less than ten acres
and S1,000,OOO before such removal shall be
had. The Governor, the Secretary OF State
and the Attorney-General are hereby author
lied to approve said site, and upon the APP
proval thereof and the payment of 81 ,00O-
900 into the State Treasury the Legislature
shall provide for the erection of the necessary
building and the removal OF the seat OF gov
eminent.
Said proposed Senate Constitutional
Amendment No. % was read and the roll
was called, and the Secretary of said SEN
ate, in charge of the rOll-cau announced
the following Senators voted AYE as
each name was called, viz: Messrs. Bal
ley, Berry, Broderick, Burke, Campbell,
Denison, Dunn, Earl, Fay, Flint, Ford,
Gesford, Hart, Harp, Hoyt McAllister,
MCGOWAN, Mahoney, Mathews, Mitchell,
Orr, Ragsdale, Seymour, Simpson,
Streeter, VOORHEES,, Whitehurst and Will
Jams; and that the following Senators
voted mo-" viz: Arms, Carpenter, Lang
ford, Maher, Martin, Shippee and Wilson.
That Immediately after the announce
ment of the votes, Senator Noor-
heis moved that the Senate then adj
journ, and thereupon, at the hour of 10
o'clock and 10 minutes P. NJ, the Senate
did adjourn. That thereafter, on the 18th
day of March, 1898, at the morning ses-
sion of said Senate, Senator VOORHEES,
asked that the Journal of Saturday,
March 18th, be corrected so that it be
shown that he voted mo- on the adop-
ton OF the Senate Constitutional amend
ment No. %, instead Of AYE; and it
was so ordered. Whereupon Senator
Seawell moved that the Journal of Satur-
day be so corrected that it be shown that
Senator Hart voted mo" instead of AYE"
on lD0 dQOpL1Ou VI CLdLS NOLSLiAutlOudL
Amendment No %. and Senator Carpen-
ter offered the following as a substitute to
the motion: $50 that Senator Hart be al
lowed to make an explanation of his vote
on Senate Constitutional Amendment No.
p. and that the same be spread on the
Journal" And the roll being called on
the substitute of Senator Carpenter, SEN
ator Carpenters substitute was adopted.
And thereafter, at a later period during
the said 18th day of March, Senator Hart
presented protest against the passage of
Senate Constitutional Amendment No.
%, asking that he be allowed to have his
vote recorded against said amendment
as he had voted that way first and
changed his vote for the purpose of Civ
ing notice OF q reconsideration, and SEN
ator Orr moved that the protest be re-
ferred to the Committee on Judiciary;
and thereafter on the l4th day OF March,
1893. the Senate Journals of Saturday,
March 18th, and Monday, March 18th,
were read and approved by said Senate,
and the said Journal of March 18th, as
approved by said Senate, gave the vote
on said proposed Senate Constitutional
Amendment No. D as follows, to wit:
Ayes-Messrs. Bailey, Berry, Broder-
lex, Burke, Campbell, Denison, Dunn,
Earl. Fay, Flint, Ford, Gesford, Harp,
Hart, Hoyt, McAllister, McGowan, Ma
honey, Mathews, Mitchell, Orr, Ragsdale,
Seymour, Simpson, Streeter, Whitehurst,
and Williams-Z7.
Noes-Messrs. Arms, Carpenter, Lang
ford. Maher Martin, Shippee, VOORHEES,
and Wilson's.
That after the approval OF said journals,
and on the said l4th day of March, 1888,
the Judiciary Committee presented the