The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-04
JETER WILL HAVE
TWO YEARS MORE
So Says the Supreme Court
in a Unanimous
Decision.
NO PROVISION WAS MADE
The Office Had to Be Filled by
Gubernatorial Appoint.
ment.
THE CONSTITUTION CONSTRUED
Justice Garoutte Concurs on Grounds
Detailed in Separate
Opinion.
THE CONSTITUTION CONSTRUED

Mr.. Jeter, it now appears, is to retain
the ACKNOWLEDGEMENTS of the State
for two years longer. Thus the Supreme
Court has decided, its decision being unan-
imous, though in his con curing opinion
Justice Garoutte bases the ruling upon
one or two special points not mentioned
in the opinion of the other Justices on the
Supreme Bench.
The decision has been looked for with
considerable interest. In addition TO the
fact That an important precedent was to
be established by it, the opinion was i'm
patiently awaited by Mr.. Jeter's friends.
Then the Office of Lieutenant Governor
might have some attractions for the hope
fnl office-seeker, as well.
Whatever the motives quite a hutter
was caused in legal, political and business
circles as soon as it became known that a
decision had been rendered in the case of
the People ex relatione Lynch against
James II. Budd, Governor of Gallo rnia.
The important document commences as
follows:
"This is an application for a writ of
mandate to compel the Governor to in
! clude in his proclamation for the coming
election call to fill tile Office of Lleuien-
| ant-Governor for the unexpired term of
Spencer G. Millard, deceased. Respond
ent has filled the vacancy caused by the
death of the Lieuten ant-Governor by the
| appointment of William I. Jeter, who has
duly qualified"
In continuation the point is noted that
both parties to the action unite in conced-
ing that the Governor of the State was
vested with ample authority and undis-
puted right 10 fill the vacant position of
Lief acknowledgements in the manner in
which ne filed it No question is raised
as to the Legality of this proceeding, and
hence the court does not feel called upon
to consider it.
The opinion proceeds to cite the several
provisions of the State constitution hav-
Ing bearing upon the election and quail
tcation of Governor and Lieutenant-Gov-
ernor, calling attention to the article
which provides that the Lieutenant Gov
ernor Is to be elected at the same time and
In the same manner as the Governor, and
that his term of office shall be of the same
duration.
In the event of the death, impeachment,
resignation, removal or incapacitY of the
Governor, the Lieutenant Governor is to
act in his stead.
But, proceeds the decision, there seems
to be no provision for the appointment of
Northumberland In case the incum-
bent fail, through death, parchment or
other cause. Still, this point need raise
no difficulty, since it is provided against
in that article of the State constitution
which ordaips that when a State office
becomes vacant, and the law designates
no special manner in which that vacancy
shall be filled, the Governor shall appoint
some proper person to the position until
the next election. This means, in the
case OF Lieutenant-Governor, The next
election at which a Leutenant-Gove
is regularly to be elected-in other words,
the next State election.
The law, the opinion proceeds to state,
makes no provision for the holding of a
srecial election to the post of Lieutenant
Governor in the event of that office be-
coming vacant from any cause. Hence in
the event of a Lieutenant,Gov re-
signing or dying it would be hard to
prove the Legality OF a special election
which might be had for the purpose of
filing the Office. the mere fact OF an
Office being elective would not, in the abb
sence of any law authorizing and regulat-
ing an election, render any attempted
election valid.
In concurring opinion handed in with
the opinion OF the bench Justice Garoutte
said:
The constitution provides that the powers
and duties OF the office of Governor, in case of
a vacancy, shall devolve upon the Lieutenant
Governor for he residue of the term or until
the disability shall cease. The constitution
further provides hat in case of vacancy in
both the offices of Governor and Lieutenant
Governor the president pro empore of the
Senate shall act as Governor until the vacancy
be filed The constitution does not provide
that the president pro tempore OF the Senate
shall perform the duties of the Office of
Lieutenant-Goyernori in case a vacancy exists
in that office. Hence any such question is fore
closed
The opinion goes on to recite the facts
leading to the institution of the suit, and
states that the result of the litigation
would depend in part upon the true con-
struction OF the words "the next election
by the people" in the constitution. The
incumbent of the Office of Lieutenant
Governor comedies that the next election
by the people will be the coming Presi-
Dental election in Novemb Der, but claims
that the words of the constitution should
be taken to mean the next election at
which the election CT Lieutenant
| Governor IS regularly provided for. JUS
| tice Garoutte contends that the constitu-
tion must be Interpreted as it stands, and
| that no intent not plainly apparent should
be presumed in constituting its terms; and
| though the appolntee's commission ex-
| pires at the next election by the people,
! still. in the absence of some law author
! izing the election of LieuteEant-G Gov
/ eInor at that time, no such election can
be held. Under these conditions he holds
that he present appointee must retain his
! position until his successor shall be duly
| elected and qualified, regardless of the day
upon which his commission may expire;
and that his successor can only be elected
at the time fixed by law, namey Y, at the
| next regular State election in 1898.