The record-union., 1896-05-27
ADVERTISING AMENDMENTS.
The Supreme Court Will be Called on to
Decide.
Governor Budd Refuses to Call for the
Election of a Lieutenant-Gov-
ernor or Fresno Judge.

Governor Budd is about to become de-
fendant in a suit which will soon be be-
gun against him.
He has expressed his determination
not to include in his proclamation call
ing an election provision for the elec-
tion of a Lieutenant-Go Governor or a Su-
perior Judge for the county of Fresno.
In consequence of this, the law firm of
Rodgers q Paterson, the latter being
eX-Justice Paterson of the Supreme
Court, intend to petition the Supreme
Court for writ of mandate to compel
him to do so.
The Governors refusal in the case of
the Fresno Judge is based on his doubt
whether the law of 1895 did or did not
repeal the law of 1898. The latter Act
increases the number of the Superior
Judges for Fresno County from two to
three, and provides how and when the
change shall take place. The law of
1895, on the contrary, provides for re-
ducing the number of Superior Judges
for the county from three to two, and is
to take effect at the expiration of the
term of the Judge whose term first ex-
pires, and in case a vacancy occurs in
the 1st day of January, 1891 it is to
take effect Immediately.
Judge Holmes died previous to the
passage of the law, and Judge Carter
was appointed to fill the vacancy by
Governor Markham, and claims that he
should fill out the uneXpired term, while
others claim that he should only hold
until this election, and that a vacancy
would thereby occur, and the law be-
come operative.
In regard to the Lieutenant-Gov-
ernor, the Governor of course holds that
as he has appointed Jeter to that posi-
ton, there is no vacancy, while the
Republicans hold to the contrary. AS
both John Lynch, who was nominated
by the Republican Convention for the
office, and Mr. Jeter, who was ap-
pointed by the Governor to fill the va
cancy made by Lieutenant-Governo
Millard's death, are desirous of hav-
ing the matter definitely settled, it
will also be included in the mandamus
proceedings.
There is also a third matter which
the Governor himself is anxious to have
settled, and that is the advertising of
the newspapers of the State. The law
of 1888 provided that when the Legis-
ldture shall propose any amendments to
the Constitution, which shall have been
passed in the manner and form re-
quired by Section / of Article XVIII. of
the Constitution, and no other mode is
provided by law for the submission of
such amendments, it shall be the duty
of the Governor to advertise such pro-
posed amendments in at least four
newspapers of general circulation in
the State for three months next preced-
ing the next general election.
A later law, however, provides that
the County Clerk shall mail to each
voter a copy of each proposed amend
ment, and the Governor is of the opin-
ion that this provision repeals the other
and constitutes a sufficient publication
of the amendments.
He has therefore suggested that this
question be also included in the writ
of mandamus, SO that it can be decided
by the Supreme Court at the same
time as the others, and Mr. Paterson
will probably be included in it.