The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-10
MILLARD'S OATH OF OFFICE VOID
Declaration of Election Must
Precede the Oath.
Authority of Joint Committee Is
Questioned.
Senatorial Objection to Irregular Meth.
DDS of Administering this on
ciaI Obligation.

the public as a foolish. unnecessary and
void move. Mr.. Willard nov declares
that he did not approve of it and that
he was led to be sworn in by friends,
who we're more anxious than discreet.
His advisers acted upon the principle
that il it did no good it would do no
harm, and that one oath more or less
would not hurt. In TACT they believed
that few oaths would indicate to the
Legislators in Sacramento that Mr.. Mill
lard means businesa, and that il swenr-
ing can make them accept his commit
tees. he is equal to the emergency.
Is was apparent that the formality OF
taking the oath of ieutenant-soverno OF
before he was legally declared to have
been elected TO that Office was simply q
mockery. Ii such course could be
valid Governor Budd and the lieutsEGnt-
governor could have besn sworn in the
day after election. But it happens that
the political code ia very explicit on
that point. Section 905 gives neither
the governor nor the Acknowledgements
any option as to the manner in which
they shall be sworn.
After having bsen declared elected by
the speaker of the house they munt
personally appear at joint session OF
both houses and there take the oath b.
No power is delegated to the legislature
to appoint special committee to visit
Mr.. Willard and have him sworn In.
nun ~ A NJ an rut.
Frank &. Finlayson, the attorney and
ex-member of the assembly, speaking
upon the subject, said
1.-THE legislature ia nowhere empowr
cred to administer the oath to the gov.
ernor or lieutenRnt-governor anywhers,
except as the law provides, and that is
in joint session of both houses. Ii a
committee comes here to swear in Mr.
Willard, that formalitY will have no
more legal effect and force than the
oath he took yesterday.
"What the Legislature can do under
the present circumstances is to rush q
bill through during the next two days,
amending section 905 of the political
code to the extent that the legislature
be empowered to delegate joint COM
mittse for the purpose now sought.
That is the only remedy in this case.
OF course, if any objection is raised to
the manual or form OF his oath, he can
be again sworn in when he reaches Sac.
ramento, but a committee has absolute.
ly no jurisdiction in this matter"
MR.. MILLARD's COMMITTEES.
Senator Audrous, who ia acting as the
lieutenant-governor's personal repre-
sentative in Sacramento during the lat
ter's illness, has found it no easy task to
explain matters satisfactorily to the
senators. The question has been asked
why Mr.. Millsrd departed from the cua-
tom OF selecting committees after the
Organization of the senate and named
the members of the committees month
before the Legislature met. Il is known
that Mr.. Willard was personally ac
quainted with but few of the senators
and that he knew little, if anything,
about their special qualifications to
serve on the respective committees
Consequently the senators argued that
Mr.. Willard must have secured "valu-
able" advice from some quarter, and
before the senators would agree to &C.
cspt the committees as mapped out by
Mr.. Willard they desired to know who
the adviser and power behind the
throne was.
Senator Androus found it no easy task
to pacify the members of the upper
house on this score and much telegraph
ing and some changing had to bs done
before any promise could be obtained to
stand by Mr.. Willard q state committees.
San Francisco statesmen, who have
always been able to get the biggest slice
Of the patronage. did not look with favor
on Mr.. Millard's secret manipulation OF
committees, and from that quarter the
greatest opposition to the slate was eK-
perienced. 1t is said that the San Fran
cisco delegation received assurances that
their claims had not been ignored and
that the "powers" had been properly
consulted in this matter.
SIMPLY AN ACT OF COURTESY.
NOWu6re IN the COQ6 10 the framing oil
committees delegated to the Lieutenant
governor. If the latter is OF the same
political faith as the majority OF the
house or aenate the power to appoin +
committees is given to the presiding
off as an act of courtesy. The
senate has the right, however, to Ia ke
that power out of the hands OF the
lieutenant-governor, and by resolution
form the committees TO suit its own
sweet will. This fact wac very fore IDLY
brought to the notice of Senator An
drous, when he declared that he had MIR.
Millard's committees in his pocket and
that the lieutensnt-govsrnor in-
sisted that they should be adopted.
Unless he could give a satisfactory ex-
PLANTATION as to the complexion OF the
committees. he was threatened that the
naming OF them would be thrown into
senate. This was telsgraphed to this
city. but tbs anGwer and instructions to
Senator Androus were such that the San
Francisco delegation became reconciled
to the slate.
Mr.. Willard was reported TO bs
greatly improved in health yesterday
and If he is sufficiently convalescent he
will go to Indio in week.