The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-05-27
UIless Mandamused He Will
Omit That Place in His Elec-
ton Proclamation.
THE CASE MADE A PRECEDENT
The Tenure of Superior Judge Carter
of Fresno TO Be Similarly
Extended.

SACRA MENTO, CAL, May 26.-When
Governor Budd issues his election pro-
clamation this fall, the people of the State
will fail to receive official notice that any
vacancy has occurred in the office of Lieu
tenant-Governor through the death of
Millard; nor will any notice be taken of
the fact that one of the Superior Judges OF
Fresno having Joined the great majority
his position has been filled by the appoint
ment OF Stanton L. Carter, unless the
supreme Court, through the issuance of a
writ OF mandamus, compels his Excellency
to appear before it and show cause why
he fails to recognize these vacancies.
Should the writ fail of issuance, W. T..
Jeter will continue to occupy the Office of
observation-disclosures, and Carter the posi-
ton OF Su perior Judge of FresnosCounty,
the Supreme Court having in the past de-.
cided that any office not included in the
Governor proclamation cannot be filed
by election of the people.
Several months go, as published at the
time IN THE CALL, Governor Budd stated
that he was not sure but that Jeter could
hold over on his appointment, and that it
would not be necessary to declare that a
vacancy existed in the Office OF Lieutenant
Governor. The matter has again been
brought to his notice by letter received
yesterday from Judge Paterson of San
Francisco, presumably making inquiries
as to what action the Governor would take
this fall in regard to the alleged vacancy
in the superior judgeship of Fresno
County. When questioned upon the sub
iect to-day the Governor said:
Il have fully made up my mind not to
declare any vacancies in either the office
of'Lieutenant Governor or Superior Judge !;
in fact, will fail TO mention either office
In my election proclamation, unless man.
damus proceedings are commenced 10
compel me to do so. L shal! probably be
asked to announce such vacancies, but
will refuse.
Then steps can be taken in mandamus
and this mooted question can be settled
for all time by a decision OF the Supreme
Court. l want to say that l have no self
ish motive TO subserve in taking such
action, although | admire Jeter greatly.
My object is to place the matter in such a
form as will allow it To be brought before
the Supreme Court"
will you state the nature of the letter
you forwarded in answer to Judge Pater-
sons query?'
mo, must refuse to do So" answered
the Governor, "as to a certain extent it is
personal yet. But l will most emphati-
caly state that | will not include any an
nouncements of vacancies filled by
appointments unless compelled to do SO. ,:
The Governor suggested to Judge Pater-
son that it was possible that the law of
1888, requiring the Governor TO advertise
proposed constitutional amendments in at
least four newspapers Of general circula-
ton, had been superseded by a later law re-
quiring county clerks to mail to each voter
in the county copy of all proposed
amendments. This, he was inclined to
think, was sufficient publica ton, and he
suggested that this matter be included in
the mandamus proceedings.