The San Francisco call., 1896-03-13
1t All Depends Upon the Terms
of the Coming Election
Proclamation.
CONSTRUCTION OF THE LAW.
Knotty Points That Are Puzzling
Local Politicians and State
Officials.

SACRAMENTO, CAL, March 12.-There
seems to be general impression among
local politicians and State officials that
Governor Budd fully intends leaving the
office of ACKNOWLEDGEMENTS out OF his
election proclamation, which is soon to be
issued, and by so doing, retain Jeter in that
position. When interviewed on the sub
ject by CALL representative, the Governor
said:
"When the time comes, if ] interpret the
law to require a proclamation for the
election of a Lieutenant-Governor, | shall
probably issue one. The fact is, l am in
doubt about the construction of the law on
this point. and will certainly consult with
the Acknowledgement before arriving at
any decision. AT the present time there
are several ways of testing Jeter's rights to
the position he occupies, should any one
desire to do so. For instance, the law
makes the Lieutenant-Governor member
of the Board of Regents. Jeter now holds
position in that capacity, and If any one
desires to contest his rights as Lieutenant
Governor, why do they not contest his
right to act as State Regent? There is
absolutely no section of law which provides
that the President pro tenn. of the Senate
shall ever become Lieutenant-Governor
although he may become Governor should
certain exigencies occur; for that matter,
there is no surety that Jeter would not be
reelected to the position he now occupies
should l find it necessary to mention that
position in my election proclamation.
Governor, suppose ii possible that Jeter
should hold over, would he have the right
to appoint the various committees?" was
then asked.
THAT matter rests entirely with the
Senate itself, as | understand it. and nv
recollection is that when Waterman was
Lieutenant-Governor the Senate, which
was Democratic at that time, approved the
appointment of all committees, either by
the President pro tenn. or by the body it
self, l forget which At all events, if the
body be-Democratic and the President pro
TEN. Democratic, then undoubtedly they
will allow him 10 name the committees;
if not, as l said before, the solution of
the problem will rest with the body it.
SELF
In speaking of the subject to-day one of
the Republican State officials said "Gov-
error Budd can retain Jeter in Office if he
sees fit, there is no doubt. He can claim
to be supported by the law of 1880 regard
ing election proclamations, which law has
never been changed. The law is embodied
in section 1853 of the Political Code and
provides that at least thirty days before
a general election, and whenever he or
ders special election to fill a vacancy in
the Office of State Senator or member of
the Assembly, at least ten days before
such special election the Governor mu st
issue an election proclamation, under his
hand and the great seal of the State, and
transmit copies thereof to the Boards of
Supervisors OF the counties in which such
elections are 10 be held
This law provides that the Governor
must issue proclamation in cases of spe-
cial election, where the vacancies to be
filled are those occurring in the offices of
State Senator or Assem- blyman, but 1t says
nothing about ACKNOWLEDGEMENTS or any
other State office. Special elections are de-
fined by law to be such as are held to sup
ply vacancies in any Office. 1t is plain,
therefore, that the Governor is not under
the law, compelled to issue a proclamation
for an election to fill the Office of Lieuten-
ant-Governor.
Now, if Governor Budd wants to take
advantage of this omission in the law he
can do so. In the case of Kenfield VS..
Governor Irwin the Supreme Court de-
cided that 1t is essential TO the validity of
a popular election that the time at which
the same is to be held should be desig-
mated in advance. Now, suppose the Gov
ernor claims that the law does not direct
him to put the office of Lieutenant-Gov-
ernor in the proclamation when he same
is for the filling OF a vacancy-or, ir other
words, is a special election-is it not plain
that an election of q Lieutenant Governor.
inasmuch as the people had received no
notice. would be invalid9 The case of
Kenfield vs.. Irwin is the same as this.
ain 1875 j. w, Vaudeville was elected
State Controller, and in February, 1876, he
died in Office. Three days later, in con-
formance with provision of the constitu-
ton, Governor Irwin appointed W. B. C.
Brown to fiji the Office of State Controller
for the unex xpired term of Vaudeville, de-
ceased. On November following there was
an election and d. M. Kenfield and w. B.
c. Brown were rival candidates for the of
fee of Controller. Kenfield received the
majority vote cast, but the Governor re-
fused to issue him his commission to the
OHlce LOT WHICH ne was elected on the
ground that he had issued no proclamation
for an election to fill the Office of Con-
troller.
"The Supreme Court held in this case
that Governor Irwin was right in not issu-
ing the commission, for the reason that the
election was not proclaimed. This decision
has been specially affirmed by subsequent
decisions of the Supreme Court. The Gov
ernor, in my opinion. is anxious to retain
a Democrat in the Office of Lieutenant
Governor. and | am of the opinion that he
will neglect to say anything about va
cancy in that office when the time comes
for him to issue his election proclamation.
l do not see how it is to be helped, either,
for the reason that you cannot mandamus
him until he has refused to act, which he
probably will not do until the proclama-
ton has been issued thirty days before
election. as the law requires.
In his interview to-day Governor Budd
said: "There is very curious proviso In
the law relating to the Lieutenant Cover
norship. For instance, if the Governor