The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-30
Ne VS. OF THE COAST,
Attorney George Fuller
Questions the Jeter
Appointment.
BELIEVES IT INVALID.
The Governor Not Given the
Power to Name His Own
Successor.
COMPLICATIONS MAY ARISE.
Flint and the Appointee Likely to
Settle the Matter in
Court.
COMPLICATIONS MAY ARISE,

SAN DIEGO, CAL, Oct 29.-Hon.
George Fuller, who stands high as q. con-
stltutional lawyer, was asked to-day as to
the validity of Governor Budd's appoint
ment of William L. Jeter to the Office of
Observation-Disclosures. Judge Fuller said
1.-THE Governor of California has large
powers under the constitution, but don't
think it Is the intent of that instrument to
give him the power to appoint his own
successor in case he does not serve out his
full term himself. The commissions which
he may issue to fill vacancies, where no
other provision for filling vacancies is
made, expire at the next election by the
people, while the Lieutenant Governor, in
case of the death of the Governor, succeeds
to the Governors powers and duties for the
remainder of the Governors term.
suppose, therefore, that Governor
Budd, having issued a commission to Mr..
Jeter as Lieutenant-Govern should die
(Which heaven forbid), and his death
should occur before November, 1896, Mr.
Jeter's commission would expire at the
election IN that month"; and he could not
serve out the remainder of Governor Budd' s
term. Yet if he we're in fact Lieutenant
Governor he would serve, and would not
go out of Office until January, 1899.
IF the constitution intended so unusual
thing as the filling of vacancy in the
office of Lieutenant Governor by appoint
ment by the Governor, it would not be
left to implication, but would be stated
in express terms. 1t is contrary to the
spirit of our institutions that the executive
should appoint his successor in any event.
prosi6ant Af fha TInifa6 Gfatae
having the power to appoint Vice-Presi-
dent.
''It is true that Congress has designated
certain of his appointees Cabinet officers)
in a specified order as his successors in
certain events until Congress can be called
together, but the chance is amazingly re-
mote that any succession will ever occur
and besides the Senate has part in ap-
pointing these officers.
"Oar State constitution makes no provi
sion for filling the Office of Lieutenant
Governor, except at the Quadrennial cleo
ton by the people. 1t provides that a
Northumberland shall be elected al
the same time and in the same manner as
the Governor, and that his term of Office
shall be the same. In case of the death OF
the Lieutenant Governor and the occur
ring of vacancy in the office OF Governor
it provides the President pro tempore OF
the Senate shall act as Governor.
at is true that the language used is
that 'if during vacancy of the Office OF
Governor, the Lieutenant-Governor shall
die the President pro tempore OF the
Senate shall act as Governor but by the
ordinary rules of construction this covers
the case of the death of the Lieutenant
Governor before or after the occurring of a
vacancy in the Office of Governor. It is
the same as though the language used
were If, during vacancy in the office of
Governor, the Acknowledgement shall
be dead the President pro tempore of the
Senate shall act as Governor
GAS to what will happen in this matter,
I suppose if Governor Budd goes out of
the State shortly, as it has been intimated
that he may, Mr.. Jerer will assume to act
as Governor, and Mr.. Flint will do the
same and the validity OF Mr.. Jeter's APP
pointment will be settled on quo war
ranto. If the Supreme Court should up
hold the appointment of Mr.. Jeter, as I
venture to say it will not do, then he
would not hold Office until November,
1896, when a Lieutenant-Governor would
ha aIacfad ~