The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-02-13
THE PRESS ahD THE GOVERNOR.

r. -
=E%N*=Governor Gage on Friday sent message to
= : the Legislature. asserting the Illegally OF
claims BY newspapers for the publication of the amend
ments TO the State constitution submitted to the vot-
ers atthe last election and aggregatng about 100000
These claims are of two classes-those directly au-
thorized by Ex-Governor Budd, among which is in
Guided the demand OF The Call and those originating
in publications in newspapers throughout the State,
which under former precedents relied upon legislative
justice for compensation.
The propriety of giving every voter in the State
full opportunity TO read and to study each amendment
toythe constitution upon which his vote is to be cast
was so obvious the Legislature OF 1883 that by the
express authority Of Article XVIII Section 1, OF that
Instrument it directed the Governor to advertise pro-
posed amendments for three months before the cleo
ton in at least four newspapers of general circulation
=: provided no other mode is provided by law By
this enactment provision made for the intelligent
Use of the elective franchise in its important
bearing on the welfare OF the State. Under this
various occasions prior the election OF 1893,
proposed amendments had been published in many
newspapers and their claims had invariably been set
tied, - 49,.
Under sections 1904 and I1o5 OF the Political Code,
as amended in 1891, the Clerk in each county was
directed ten days before the election publish in two
newspapers the nominations for Office and pending
amendments These sections, while they existed in
this FORM in no respect conficted with, were in
tended for or could possibly have operated sub
sttIte or equivalent for the educational process de-
vised in 1888 For section 1894, however, as it
existed when this non-conAicting publication was
directed a complete substitute made in 1893,
when the publication was superseded by the mailing
Of sample ballots but not amendments to the con-
sttution, to each voter There is nothing therefore
in the Political Code that by any stretch OF nterpre
tStion could be brought into apparent conflict
with the original law All these legislative. pro-
visions were before Ex-Governor Budd, who has long
been distinguished lawyer practicng chiefly in civil
cases. when, with the written Endorsement OF the
then Attorney General Fitzgerald, he directed the
publications of last year, the claims based which
have now been rejected by the Board OF Examiners
and transmitted to the Legislature The plain law
thus read as it existed by Ex-Governor Budd and
Attorney General Fitzgerald is controverted by
Governor Gage in his message, but fully sustained by
his own citations, while the only he mentions is
as napplicable as decision by the Bunsby tribunal
or Mr. Justice Dogberry His attempted argument
therefore is merely the fabric OF baseless guber-
Material dream.
Governor Gage also wants each claim to be pre-
sented TO the Legislature in separate bill. There are
about four hundred newspapers in the State OF which
seventy-fve published the proposed amendments in
1893 and at rough guess separate bill for the claim
OF each in actual expenses for printing and for the
usual legislative proceedings, would probably cost
half OF the entire amount involved. The Governor
therefore, who dskes The Call and the press gener-
ally for its efforts to the election of qualified
Senator of the United States not only disputes in
controvertble legal proposition and exposes his
rcompeency to discuss questions of statutory con-
struction but under false plea of economy proposes
Ito save at the spigot and waste at the bung'
The real annus of this message is too clear to be
tliisconceved 1t is apparent that our Chief Execu-
tive runs anarrow gauge and in this State all
row gauges terminate in the particular broad gauge
that eadeth to destruction