The record-union., 1898-01-15
GAvIGAN'S MANDAMUS SUIT.
IT WILL BE HEARD By THE So.
PERIOR COURT TO-DAY.
Governor Budd Will Rely Upon the
Former Rulings Of the SUI
preme Court.

Governor Budd, through the Attor-
ney-General, will appear in the superior
Court this morning, to show cause why
ne does not declare the bill passed by
the last Legislature, entitled An Act
to create the Office of specialist IN So
Geological education" to be law. The
order citing the Governor to appear
was made in response to the application
Of w. j. Gavigan of San Francisco for
writ Of mandate, and was duly served
and returned
The bill was for the purpose of Gre
ating the office of Sociological Expert
for San Francisco and ten days after
its passage, or few hours thereafter,
it was returned to the Senate bearing
the Governors disapproval, the veto
being of considerable length.
Gavigan has always claimed that
more than ten days had elapsed from
the receipt Of the bill by the Governor
to it's return by him, with his veto
attached, and holds that under Section
II of Article ". of the Constitution,
1t became a law, when at the end of
ten days it had not been returned by
the Governor.
The Governor, said Private Secretary
Shields to a Record Union reporter
yesterday, will not deny the allegation
of Gavigan, that the bill was not We
toed within ten days of it's receipt by
him, but will base his action on the
opinion of the Supreme Court in the
case Of the Iron Mountain Company VS..
H. H. Haight, Governor, 80 California
Reports, o. $40 in which an applica-
ton was made to the Supreme Court
for a writ of mandamus commanding
the Governor to authenticate a bill
passed by the Legislature.
The history of the case in question
shows that on March IS, 1870 at 11:4o
o'clock a m, bill entitled "An Act
to encourage iron mining" was pre-
scented to the Governor, having been
passed by the Legislature. The Gov
ernor retained the bill in his posses
sion until March Both, at O'Clock p. M,
when he returned it to the Assembly
with his objections to it's passage.
The petitioner claimed that notwith-
standing the disapproval of the bill by
the Governor, it became law, because
1T had been retained in the executive
possession for a longer time than the
ten days prescribed by the last clause
L Il L
stitution.
After dwelling briefly on the case,
the opinion of the Supreme Court con-
cluded as follows:
"Of course, the particular
hour of the day at which the bill was
presented to the Governor, and the pre-
else time of the subsequent day at
which he returned it to the Assembly,
are of no import, as 1t is conceded that
the rule in that respect is that fractions
of the day are not to be noticed unless
in a case in which it becomes neces-
sary to ascertain the relative order OF
occurrences happening on the same day.
The argument upon the proper rule
of computation endeavors to present
the case as one of the first impression
in this court We do not, however,
feel quite at liberty to treat the ques-
ton as res nova here.
Upwards of twelve years since 1t
was solemnly determined by this court,
in the case of Price VS.. Whitman 6
Cal. 412), and it was then declared
that the ten days given by the Constl-
tuition must be computed by excluding
the day on which the bill is presented
to the Governor. The case was decided,
too. upon great deliberation and after
q reargument. Even though the rea-
soning upon which the judgment passed
in the case be unsatisfactory, the rule
there laid down has, during the inter
yening period, been followed by the
other departments Of the Government
as an ascertained rule of computation
of time in the legislative proceedings
of the State.
1--WE think we are bound by the
erayest considerations of public order
and security not, at this late day, to
disturb the rule so distinctly and au-
thoritatively settled, especially in view
of the fact that during all this time
the clause of the Constitution under
consideration, with the Interpretation
thus put upon it by our predecessors
has remained unaltered by the people
though several important amendments
to that instrument have in the mean
time been adopted. Demurrer to the
petition sustained
The bill is popularity supposed to DC
drawn in the interest Of Gavigan a.
the sociological experts qualifications
as specified in it requires that he should
be a physician, a lawyer and possess
other special qualifications, and cav
gan is said to be. so far as known, the
only man in the State who combines the
requisite qualifications.