The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-25

heirs without first obtaining an order OF
sale from the Probate Court. 81 believe"
he said, this class Of legislation unwise
and contrary 10 the spirit and intent Of
the constitution" The Assembly passed
both bills over the veto, but the Senate
sustained the Governor nearly unan-
imouSly. On April 4. 1864, he vetoed the
Senate bill to aid in the construction of
the California portion of the Pacific Rail-
road on the ground that it violated that
provision OF the constitution which de-
clared 1.-THE credit of the State shall
sustained, but there were 10 votes
against it to II in its support On the
same day was vetoed the Senate bill TO au-
thoriZe the Oakland and San Antonio
Steam Navigation COMPANY to improve the
navigation of San Antonio Creek. The
Governor took The position in this veto
that tolls on navigable streams should not
be authorized, and he was unanimously
sustained
At the same session bill by Assembly,
man Joseph Wood mot Joseph NJ. Wood
passed both houses, proposing to vest in
the county. probate ana police courts of
San Francisco the power of committing
insane persons to asvlums. In vetoing it
the Governor observed that "the natural
result would be that the Police Court
would order nearly the commitment, being
in daily session.; he thought that court
should not have anything to do with this
business. He was sustained unanimously.
His Excellency vetoed three Assembly
bills on the same day-oue granting road
franchise in Amador County, be declaring
that the general laws OH such subject were
sufficient and special acts wholly unneces-
sary; another like bill, the franchise being
in Marin County, on which he quoted al
length from his inaugural against special
legislation; the third bill was to author
iZe a certain administrator to sell and
convey real estate, and on this he said the
courts had ample power to order sales in
such cases. ALI three of these bills
were passed by the Assembly over the
veto by not merely twO-thirds but three
f0urths vote, Charles Clayton, Nathaniel
Gray and Philip Teare voting with the
majority. Two weeks later another bill
from the Assembly was presented to him
authorizing an administrators sale with
out court order, and in launching the in
eVitable veto he referred to his objections
to such bills, and said that since his last
veto he had again carefully examined the
question and had been confirmed in his
veto by vote of AZ to 16 The Senate,
however, cried halt! although it had also
passed over the veto the three other As
semblv bills just above named.
In this last mentioned veto message the
Governor was pleased to use this pointed
language:
Il am aware that the Supreme Court in
deciding Oh The eOnstitutIonalty of GER
tain spscial act, providing for change of
venue in somewhat noted criminal case,
implicitly approved of this class of legisla-
tion contrary to the opinions OF the best
legal minds in the State. but the decision
was so repugnant TO the good sense and
opinions of good citizens that it is doubt
full if q similar one could be obtained from
any court at the present time."
The case referred to was that of the
lawyer Horace Smith, who had killed one
Newell, a printer, for alleged SANDER of
Smiths wife, sister of Judge James Ii.
Hardy, and later the wife Of Judge T. b.
Reardon of Nevada City. Being indicted
for murder, Judge Alexander Campbell
of the Twelfth District Court denied him
change of the place Of trial. The Legis-
lature passed an act changing the place of
trial from San Francisco TO Placer County.
Governor John G. DowneY vetoed this act,
and both houses passed it over the veto.
Judge Campbell still refused TO transfer
the case. on the ground that il was uncon-
stitutional. On an application to the Su-
preme Court for writ of mandate that
tribunal rendered the decision against
which Governor Low detained as above.
The opinion that the act TO change the
venue in Smiths case was unconstitu-
tional was written by Judge Joseph g
BaIdw win, and concurred in by Judge w
w. Cope and Chief Justice Stephen j