The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-27

ton not belonging to the executive de-
partment.
Section of article V of the constitution
reads:
Section s. When any office shall from
any cause become vacant, and no mode IS
provided by the constitution or laws for
Milling such vacancy, the Governor shall
have power to fill such vacancy by grant
ing commission, Which shall expire at
the end of the next session of the Legisla-
ture, or at the next election by the people.
The filling OF vacancy in the office of
Governor is thus provided for in section
15 of the same article.
Sec. 15 4 Lieutenant Governor shall be
elected at the same time and places and in
the same manner as the Governor, and his
term OF office and his qualification of eligi-
blilty shall also be the same. he shall be
President OF the Senate, but shall have
only casting vote therein. If, during a
vacancy in the Office of Governor, the
Lleutenant-Governor shall be impeached,
displaced, resign die or become incapable
OF performing the duties of his office, or
be absent from the State, the President
pro tempore of the Senate shall act as Gov
ernor until the vacancies be filled or the
disability shall cease. The Lieutenant
Governor shall be disqualified from hold
ing any other office, except as specially pro-
vlded in the constitution, during the term
for which he shall have been elected.
In the foregoing section it Is provided
that the President pro tenn of the Senate
shall even succeed to the high RESPONSE
blllty of chief executive. So it would be
absurd to suppose that the constitution
did not contemplate his accession to the
office of MISUNDERSTANDING in the event
OF vacancy. Eminent lawyers and leading
men III public life do not see how any other
intelligent construction can be placed on
the constitution. The President pro tenn
of the Senate is Thomas Flint of San
Benito, and he will remain SO until the
Senate elects his successor. The section
of the constitution above quoted expressly
declares that in the event of the death of
the Lleutenant-Governor and vacancy in
the office of Governor the President pro
tenn. should act as Governor.
w. I. Jeter arrived in the CITY from
Sacramento last evening and registered at
the California Hotel He said in an inter
view:
81 hold my commission as Lieutenant
Governor. 1t was issued to-day by Gov
| ernor Budd."
When asked if he would reside in Sacra-
mento, Mr. Jeter said:
mo. l shall continue to reside in
Santa Cruz. The duties of the office do
| not require my presence at Sacramento
when the Legislature is not in session."
Replying to further inquiries Mr.. Jeter
admitted that the validity of his appoint
ment might be questioned by the State
Senate when it meets next winter. He did
| not know whether the Governor had
consulted the Attorney General before
| making the appointment, but said the
subject had been thoroughly Investigated
| by the Governor himself
Attorney-General Fitzgerald was seen
last evening. He said: Il have not given
an opinion on the question, and will not
express an opinion until called to do SO Of
| fcially."
Judge DAILY of the Code Commission,
who gave Governor Budd an opinion that
the Governor has the right to fill the va
cancy in the office of Lieutenant-G Governor,
said last evening:
Il studied the question last winter at
| Sacramento, but my attention was first
drawn to it when I was City Attorney of
Los Angeles. The point was then raised
whether Stephen NJ. White, who was then
president pro tempore of the Senate, was
Northumberland. 1t was then re-
garded as remarkable that Governor Water
man, Republican, did not appoint some
member of his own party to the Office of
ieutenant-Governor."