The morning call., 1893-04-13
CAPITAL REMOVAL.
Suit TO Enjoin Secretary
Waite.
PLAINTIFF IN THE CASE.
II. P. Livermore of San Francisco and
Sacramento Asks For the Re-
straining Order.
Special to THE MORNING CALL.

SACRAMENTO. April 12.-H. P. Liver
more, interested in the Folsom Water Power
Company and the Sacramento Electric
Railroad, living in San Francisco and own
ing property in Sacramento, Ell Dorado and
Alameda counties. has, by his attorney, l..
T. Hatfield, brought suit to restrain Secre-
tary OF State E. G. Waite from publishing
or promulgatlng the resolution passed By
the Legislature providing for the removal
of the capital from Sacramento TO San
Jose.
The complaint covers fifteen typewritten
pages, and alleges that the resolution passed
by the Senate was not tho same as that
passed by the Assembly: that the Senate
resolution was not eugrossed nor trans
mitted to the Assembly by any authority,
but carried there by parties unknown, in
defiance Of the lules governing the Senate;
that motion TO reconsider, made in the
Assembly and entered on the journal. was
never considered, and that the proposition
contains no information for the voters of
tile State as to the amount which the re-
moyal will cost the State.
The summons and copy OF the complaint
were served by Sheriff O'Neil on the Secre-
tary of State late this afternoon. Tile State
Board Of Examiners was holding meeting
at the time, aud the Secretary of State
handed the papers over to Attorney-Gen-
eral W. II. II. Hart, with a request that he
represent him 10 tie matter. to which Hart
assented.
Secretary Waite declared to a reporter
that he would be glad TO see the question
definitely settled. as 1t was causing much
uneasine5s and friction in the State.
Even San jose" said he. begins to see
that she has nothing TO gain by delay il the
legality of the measure cannot be ultimately
maintained. a prominent San Jose oapl-
talist in letter just received seemed most
anxious for the legal points to be deter
mined at once. His letter carried the inti-
nation, though 1t did not explicitly say so,
that certain parties on both sides indicated
desire to put off any definite decision on
the legal points involved in order that the
use Of money by both San Jose and Sacra-
mentO would follow"
The Attorney General stated that he was
about to leave for Washington to try the
San Pablo and Tulare railroad case and the
McNuity murder case before the Supreme
Court. He would be gone about six weeks,
but would consent to try this case on June
6. if that would suit the parties interested
He had not expressed himself as to the
merits Of the question. he believed that II
the people Of the State wanted to move the
capital TO San Jose they should have that
privilege, and to that extent he took no
sides. But the legal proceedings must be
right, and he thought that the question
ought to be settled as speedily as possible.
lie would. of course, invite other counsel to
assist him, as San Jose would doubtless
desire TO be represented. He had under
stood that Sacramento had a committee ap-
pointed to handle this matter, and he had
heard statements to the effect that this
movement was not authorized by thA COM
miLtee In that event the committee should
prepare its complaint and let both cases be
tried t the same time.
LATEE-JudEe Prewett of Placer County,
now holding court here, has granted 81. P.
LiVermoTe's prayer for an order restraining
Secretary of State Waite from promulgating
or certifying TO the alleged constitutional
amendment changing the seat of govern
ment The matter was set for hearing
April q