The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-01-13
The GOVERNOR AND GAVIeAA
EXECUTIVE CITED TO APPEAR
IN COURT.
w. j. Gavigan Declares His Bill
Was Not Vetoed Inside of
Ten Days.

Governor Budd has been cited to ap-
pear in the Superior Court of this Coun-
ty on Saturday next, and show cause
why he does not declare certain bill
passed by the last Legislature a law.
This order is made IN response to the
application of w. j.. Gavigan Of San
Francisco, for a writ of mandate TO
that effect.
The late Legislature passed bill
creating the office Of Sociological Ex-
pert in cities having $4,000 school chill
dren or over (San Francisco. Ten days
after its passage Governor Budd vetoed
the bill, but Gavigan--in whose interest
it is said to have been passed-has al
ways claimed that more than ten days
elapsed before the Governor sent his
veto TO the Senate, and that the bill
is in force.
The San Francisco authorities elected
Gavigan to the office, and he brought
the action against the Governor to COM
pei him to promulgate the bill as law.
Gavigan's claim is that the Governor
allowed nearly three hours in excess of
the legal ten days to pass before the
Senate was notified Of his veto.
Following is the writ of mandate is
sued against the Governor:
THE People of the State of Califor-
MIA VS.. James H. Budd, Governor of the
State of California.
Whereas, 1t manifestly appears to
us by the affidavit and petition of Will
lam j. Gavigan, the petitioner, and the
party beneficially interested herein,
that certain bill was, on the 18th day
of February. A. D. 1897, at o'clock
and 30 minutes D. m. of said day, duly
and regularly presented and delivered
to you, James Fl. Budd Governor of the
State of California, for your considera-
ton and action thereon, as said Cover
nor, by the Enrolling Clerk Of the Ser
ate of the State of California. after said
bill had been heretofore duly and reg
ularly passed and adopted by the Leg
islature of the State of California, and
the Senate and Assembly thereof. and
that said bill, after having been so as
aforesaid presented and delivered to
you, was not by you returned to the
Senate of the State of California, the
house in which said bill originated, with
your objections thereto, until ten days,
one hour and two minutes Sundays
excepted after said presentation and
liiCiSOA ~ yOu, dllO tii<Al SON
have failed and refused and still con-
tinue to fail and refuse to authenti-
cate said bill as a present and existing
law of the State of California, and by
Section 313 of the Political Code of the
State of California, and that the petit.
toner herein has no plain, speedy and
adequate remedy IN the ordinary course
of law.
Wherefore, We command you that
Immediately after the receipt of this
writ you do authenticate said bill as a
present and existing law of the State
of California in the manner provided
for by the laws of the State of Califor-
MIA and Section 313 of the Political
Code of the State of California, or that
you show cause, if any you have, be-
fore Department Three of this Supe-
rior Court, at the courtroom thereof
in the Court house in the City of Sac
ramento, County of Sacramento and
State of California, on the 10Th day Of
January, 1898, at the opening of the
court on said day-why you have not
done so.''