The record-union., 1895-05-27


EDS. REooRD-UNIoN: Inclosed find
copy Of letter l addressed to Judge Cat
Lin, and his reply. AS his letter contains
matter of public importance, / send 1t to
you for pu ublication. Respectfully,
JAMES @. DAVIS.
TRUSTEE DAVIS INQUIRY.
SACRAMENTO, May %, 1895.
Hon. A. z. Cdtli7a-DEAR JUDGE: The
Capital removal case is still matter Of
Interest to our citizens, and but little Is
known of the actual facts as to what was
done in it, or who were the actors. AS
you were Chairman of the Citizens Com
mittee having that matter in charge, will
you do me the favor to furnish me such
particulars, with remarks. as Will enable
me to understand the situation; that share
each lawyer mad in it; what points were
raised in the case; what points were ruled
in favor of and what against the city, and
to whom we are indebted for raising the
points on which our city was successful,
and by doing so you will greatly obllge
your hum Dle servant,
JAMES G. DAVIS.
JUDGE CATLIN's RESPONSE.
SACRAMENTO, May %, 1895.
Hon. James @. D0U9s: l hasten at the
earliest moment my time will permit to
reply to your communication OF Inc Zod
Inst.
The adoption by the Legislature Of
''Senate constitutional amendment No.
23." on the 18th of March, 1893 (by the
Senate on the 11th and the Assembly
finally on the 13th), providing for the re-
moval of the Capital to San Jose by sub
mitting the question to vote OF the peo-
pie, is familiar knowledge to the people of
Sacramento. The measures taken to
thwart the am mbition of our fellow citizens
of San Jose by legally establishing the
illegality of the famous amendment No.
% are not so largely understood.
The suddenness with which the propo-
alton came TO the people of Sacramento
aroused them to an unwonted activity.
On Sunday, the 18th (the interim between
the passage OF the resolution by the two
houses), they held public meeting and
adopted an earnest and dignlied protest
in the form of resolution, which was
presented to the Legislature on Monday
by committee of thirty, asking for re-
consideration OF the hasty action. But if
the citizens were deeply stirred, the Leg
lature WAS no less steady and determined,
and SO the resolution was finally adopted
on the 18th and the Legislature adjourned
next day.
Soon after this large public meeting
of the citizens was held at the Courthouse,
at which Hon. Grove l.. Johnson pre-
sided. The situation was discussed, and
q great variety of opinions expressed as
to the effect of the resolution, as
to what ought to be done and
what could be done to avert what
appeared to be an impending
calamity. There was a large manifesto
tion of sentiment that the resolution was
mere b1'utGDl futDlen, but for all that,
the general consensus was that the
emergency was one to be treated with the
utmost seriousness and delIberatlon.
There was one cooling reflection in the
fact that it was yet some nineteen months
1afO hn
in the meantime relief could be obtained
through the courts. The deliberations of
the meeting resulted in unanimous
agreement to appoint an Executive Com
mittee of twenty-one to which should be
intrusted the entire management OF the
fight with San Jose In whatever shape IL
might take.
1t was well understood that Sacra-
mento would have to take the initiative,
for if no legal steps were taken to pre-
vent it, the Secretary of State could not
be expected to do otherwise than to fol-
low the general law providing for the
submission of proposed constitutional
amendments to the vote Of the people.
The following were the committee thus
selected in the order that they were
named: A. p. Catlin, L. B. Hall, 2. c.
Drescher. Eugene j. Gregory, j. Il.
Laine, G. II. Hubbard, II. q. Smith, II.
Weinstock, A. Abbott. +. r. Dray,
Lewis, Ben Welch, d. d. Whitbeck, Fred
Cox, James Mcclure, j. o. Coleman. Ed.
+. Smith, X. d. Stephens and L.. Tozer.
This committee held several meetings
and transacted considerable business by
way of preparing for the controversy
especially if, as an ultimate result, the
campaign should progress SO far as to get
before the people of the State at the next
general election.
1t organized at its first meeting by the
election of A. p. Catlin, Chairman; III.
Weinstock, ce-Chairman, and Grove
/. Johnson, Secretary.
The Chairman, by direction of the Ex-
ecutive Committee. appointed six SUBJ
committees to whom were assigned as
many several subject matters of duty.
The most important committee of all it
was agreed to select from members OF the
Sacramento Bar outside of the Executive
Committee. The following attorneys and
counselors-at were thus selected:
John II. McKune. General A. l.. Hart,
John w. Armstrong, n. Greene Curtis,
Robert Il. Devlin, S. S. Holl, Charles II.
Oatman, Frank ID. Ryan, Clinton l..
White; they were charged with the man
agement of the legal branches of the con-
troversy, and to institute and carry on
such suits as they should deem necessary.
The gentlemen thus appointed readily
accepted the trust, and entered energetic
ally upon the performance OF it. They
did not expect any pecuniary compensa-
ton for their services, and would not have
accepted any. They were citizens inter-
ested in the conflict as much as others of
their citizens, and they were law
yers of ability and good repute who un-
derstood the ethics of their profession
and would not stoop to any unprofessional
act.
Very soon after their appointment
General Hart prepared an opinion for the
Nr n
tee. which, after being submitted TO and
approved by the committee OF lawyers,
was read to the Executive Committee at
one of it's meetings by the Chairman.
This opinion was received with great sat-
isfaction, as it assured the committee
that there was no real danger. and that
beyond a peradventure the dreaded reso-
luton of removal would be held invalid
and void by the courts.
After much examination IS to what
would be the best mode of proceeding, 1t
was determined, as 1t was understood that
the eAttorney-General was not unfrlendly
to Sacramento, to institute an action in
the name of the people against the Secre-
tsry of State to restrNin that officer from
taking any action under the obnoxious
resolution.
The consent of the Attorney General
having been obtained, some little delay
in procuring it having occurred on account
of that officers temporary absence from
the State. suit in the Superior Court OF
Sacramento County, entitled the People OF
the State of California on the relation OF
n. D. Rideout, plaintiff, vs.. L. q. Waite.
Secretary of State of the State OF Califor-
MIA, defendant was commenced on the
18th of May, 1888.
The record shows A. L. Hart and John
w. Armstrong as attorneys for plaintiff,
but the complaint was prepared under
the supervision and advice of the COM