The San Francisco call., 1906-11-22
CO[GAN's DEATH
CAUSES LEGAL
PUZZLE
Situation Without Parallel
in State IN Matter of
Filling Vacancy in Office
POWER MAY REST
IN THE GOVERNOR
John Markley, Defeated
Democrat, VIII Probably
Make Demand for Position

SACRAMENTO, Nov. 21.-A situation
without parallel I'm this State has de-
veiopcd since the death of state Con-
troiIcr E. p. CoIEan. The concensus of
legal opinion IL that Governor Pardee
has the power to appoint his sue
cessor, not only for CoIgan's unexpfrcd
term. but for the new term of four
years TO which he was elected No-
vember G, but II Is admitted that sew
eral nice question: are involved. Al
though Colgaa was reelected by a
tremendous majority. tlse Secretary Of
State Is awaiting fhe official returns
from at least thirty of tse counties.
Until these returns are all in hc
cannot certify the election of CoIgaa
to the Governor. as the law requires
and the Governor cannot issue a Ger
tihcate of election. When the GER
tifcate of election is issued. the party
will have ten days in which 10 qualify
but in the present case there can be
no such qualification because of Col
gan's death.
MARkLET MAY STEP IN
This leaves TIE door open for 2 de-
naand from his Democratic opponent.
John Markiey. that the certificate of
election be issued to him as the man
receiving the next largest number of
votes. If such q demand could be re-
garded. Harkley certainly would be
the State Controller. despite any ap-
pointment Governor Pardee may
make. But II is contended that the
Supreme Court has in Southern Cali
fornia case invoking county Office
established the principle that to give
an Office TO the man receiving the sec
ond largest vote. because of the death
or disqualification Of the man receiv-
ing the highest vote would be a fraud
upon the people and contrary to their
decision as expressed at the polls
While Governor Pardee declines to
discuss the subject. it is known that
he is satisfied that the appointment of
Colgan's successor rests entirely with
him. There is no dispute on the point
that it is his duty to appoint for the
that this appointment VIII hold until
a successor is regularly elected and
qualified. which would be in January,
1911. But if 1t should hold only until
the expiration OF the present unf1n-
ished term-Monday. January Gov
ernor Pardee would only need to re-
new his appointment on that date.
NYE AND MoULToN NAMED
The Legislature will not canvass the
vote or declare Gillett Governor before
Wednesday,, January 9. and between
the eth and 9Th Pardee- will remain
Governor and will have full power to
make appointments and transact other
official business. If he has any doubt
as TO the validity of the appointment
he makes now he can renew it after
the present unfinished term OF the
Comptroller ends and before he quits
the Office of Governor.
1t is believed the Governor wishes to
make sure Of his appointment. The
only persons thus far mentioned in
connection with the ofTice are D. A
Moulton, Colgan's chief deputy, and A.
z. Nye. the Governors private secre-
tary- Nye has been a strong man in
the Governors administration, and
while neither be nor the Governor has
mentioned the subject it is thought
here that he is the logical man for the
place If he wants it,