The herald., 1894-12-17
rIEE LAST DIrCn.
rbe Constitution Pr~ciuies Contest In
tho l.. e stature.

DO IFfctNt<e y Cuutuot ~
tho l.. stature.
Frcm the Saa Francisco kxamtuer.l
With the contest thrown into the legiristur'
all sorts OF rumos have gone the rounds r.
gsrding tue powers OF the spsaser OF the Assem-
bly, and the probability that Mr.. Budd could II
kept out OF ofi ce by failure TO declare the result
Johu Lynch OF Sau BerpaTdino is slated fol
speaker. Mr.. Lynch knows a political thing OF
two. ana is claSssd as an excellent and pains
taking programme. 1t is supposed that hi
Gould De relied upon 10 help Mr. Estes out In
any way in his power. But the Democrats In
sist tnat il he refused to "open and publish tle
reiurns' he could bs maudamused quickly
enough They iusis. that under the constltu-
ton Of the s'ate he has no power to "declare
the result" In this the political code conflicts
with the constitution.
However, the prin cipsl matter yesterday was
to get the returns in. Eight years ago when II
came time 10 seat Washington Bartlett as tov-
ernor It was found that the returns OF San Ben
ito county had not been forwarded TO the
speaker OF the house. BY this slip the late SEN
ator Vrooman succeeded in keeping Governor
Bartlett out OF his seat for several days At that
time Vrooman's brot ther-inlaw, W. H. Jordan.
was speaker and did whatever the senator
wanted him to 40. So there is no telling what
compile ations Speaker Lynch might have
worked up If the registrar had not forwarded
San Francisco's returns.
That bridge being passed. however. attention
is gain chiefly directed to the provisions OF the
law regarding legislative contest. The ma
terial sections of the code read as follows:
Sec $50, Political Code-Such eeotor may
within twenty days after the declaration of the
result of the election, deliver TO the presiding
otiicer os each house OF the legislature verified
specification of the grounds OF contess
section 1896. Political COde-The returns OF
election for governor and ACKNOWLEDGEMENTS
must during the fl gst week of the session. be
op. IL d. canvassed. aud the resuls declared by
the speaker of the assembly in the presence OF
both nouser.
Section 200, Political Code-As soon as the
presiding officers have received the speoihca-
tons they must make out II notes IN writing
directed to the person whose election is con-
tested and deliver the same to the sergeant'at-
arms, who must serve such notice at once on
the person therein named
:-Secticn 292, Political CJde-Each house must
at once cnoose seven mem bers OF its own body
III the following manner
]. The names of the members, except the
speaker OF the assembly, written on similar IA
per tickeis, must be placed III a box.
2 The secretary of tbe senate, in the presence
OF the seuate, aud the clerk of the assemb y, i'll
the presence of the house, must draw from
their respective boxes the names OF seven mem
bars OF each
Section 29I. Political Code--The members
selected constitute committee to try such
contested election, and for that purpose must
no d their meetings public Y at the seat OF gov
ernment, az such time and ace as they may
designate and may adj0nrn from day to day OF
to day certain until such trial Is determined.
Th have power TO send Tor persons and pa
perS and to take al necessary means to procure
testimony, extending like privileges to each
party to the contest They must report their
judgment III the premises TO both houses of the
legislature, which report must be entered upon
the Journals.
Ssctiou 2o5, Political Code-The judsment of
the committee thus reported is final and con-
elusive.
From section 2s9 1t will bs seen that the
contest cauuot be inaugurated uutil Mr.. Budd
has been dec!a sed elected and Given his office,
some time within 30 days after that time. This
disposes of the notion that Governor Markham
can be kept in Office whils recount is going
on. Possession being nine poinis of the law,
Mr.. Buad viii be in fairly good position to
fight any attemut to oust him.
nut with all these p DIVISIONS of tn political
cods the lawyers on both sides have come upon
section OF the constitution that is giving the
Republicans pain in proportion as 1t gives the
Democrats i0y. This is Sc c;ion 4 OF articles V
OF the ion, and 1t says
the returns T every election for govern or
sha be sea ed up and transmiited to the sea-
OF sovernment, directed to the speaker OF the
assembly, who shall. during the first week o.
the res. on. open ami pub isn ID, IN in the pres
snce of bolh houses OF the LEGISLATURE. The
person having Tue highest hunter OF vo es
shaI b governor.
Under this The mocratic lawye rs dec are
that the conflicting sec.ton of the political
code which says the speaker shal open and
canvass the returns and declare the result. is
confined by the cons tuition to ,ning and
pub sning the re,uins. As the institution is
the higher authority, the ID moe ats Will stand
~ on this contention.
Then, TOO. there is that declarat ton OF the
constitution that he person having the n ght ST
number OF votes uudec the returns opened and
pub lghed ny he speaker shall be govefnoc'
hut =
any conies. under the c,ie. Some of the R.
publican lawyers say lhera is nothing in this
point Oth3ri ar very abio a about ".
Mr. Eslee has eft al this to the awy ers
ana the birty." and these lawyers some OF
the party iicuding Mr. Bum, who is some OF
1t, will come to Il decision today.