The record-union., 1897-09-04
Attest a true COPY.

CONSIDERABLE time was consumed bv
Attorneys Johnson and Hatfield in an
attempt to figure out the time neces-
sary for preliminary notices. fling of
notices of candidacy, holding conven-
tlcns and finally holding the election on
the I'd of October. and they finally come
to the conclusion that there was one
day, lacking, to say nothing of the thir-
ty days required for filing certificates
of nomination. They finally advised the
board to provide in the ordinance for
holding the primary election on Satur-
day, September 25th, and let the politi-
cal parties worry with the question.
THE ORDINANCE ADOPTED.
Accordingly, Saturday, September
10Th, was inserted in the ordinance as
the time for holding the primary. and
every member of the board, except
Bentley, who was absent showed his
appreciation of the arrangement by vot-
ing aye" when his name was called.
and the ordinance was adopted.
ELECTION OFFICERS.
Then the question of selecting names
OF citizens to act as election boards at
the primary election was brought up
and it was decided that each member
would be obliged, under the Stratton
Act, and the writ of the mandamus is
sued by the Superior Court, to present
his quota of names at the meeting of
the board this afternoon, and that they
should be drawn at that time.
RESOLUTION FOR APPEAL.
Then business Jagged for a moment
and the Trustees looked at one another
Finally Devine aroused and wanted to
know whether anything had been done
about an appeal resolution, and whe-
! ther 1t was necessary to make an order
for an appeal to the Supreme Court
Clerk Desmond said a document of
that description was at the desk, though
just how it got there he did not stop to
explain, and without more ado read the
resolution, which was as follows:
Resolved, That an appeal be taken
by this board to the Supreme Court of
the State of California from the iudg-
ment and order directing writ of man
date to issue, rendered September 3.
1897, in the case of j. J. McKinnon VS.
Chas E. Leonard ct al, as ex-offfcio
Board of Election Commissioners, by the
Superior Court of Sacramento County
and that Robert T. and VIM. H. Dew
lin be directed TO take and prosecute
said appeal for this board
ATTORNEY DEVLIN EXPLAINS.
Devine appealed to Attorney Devlin
for advice and the latter said that him
self and Mr. Hatfield had spoken con-
cerning such an action, and had agreed
that did the board adopt such a resolu-
ton, that they would journey together
to San Francisco and take with them
Corporation Counsel Johnson. provided
he would go, and attempt to get a hear
ing set for an early date. If an appeal
were taken to-day, Mr.. Devlin said, all
proceedings under the writ would be
destroyed. but as he understood it to be
the wish to test the legality of the STRAIT
ton law. as applying to the coming pri-
mary elections, he thought it preferable
to go about the matter in methodical
manner. IT, he said, it be subsequently
found that the Supreme Court cannot
grant hearing before the date set for
holding the primary election then the
board will be in position to pursue any
mode of action it desires.
Mckay and Davis said they had
heard nothing of any resolution for an
appeal before it had been read by the
Clerk, and the latter said he had sup
posed that the writ issued by the
Superior Court would settle the mat
ter.
CORPORATION COUNsEL,s AD-
VICE
Mckay asked the Corporation Coun-
sci. Attorney Johnson, to advise the
board as to what course it ought to
pursue.
Let the parties test the case, if they
wish to do so,' was the advice Of Cor
poration Counsel Johnson. He fur
ther stated that the Seuprior Court of