Year: 1874

Governor Booth has returned the bill
providing for the election Of Harbor
Commissioners, to the Legislature with
out his approval. This action upon the
part of his excellency was not unexpect-
od-his organ, the Sacramento Union
having been paving the way for a veto
message ever since it became apparent
that the measure would be successful be-
fore'the Legislature. For the first time
in the session the Assembly had grown
restive under the yoke, had showed dis
position to use a little Of its own judg-
ment instead of following the dictation of
the servile press, and it was hoped that
the Legislature would have sufficient self
respect to check this despotic exercise of
the veto power Oy promptly passing the
bill over the Governors head. But at
the crack of the masters whip the time
servers of the Senate rallied in force
enough to sustain the veto, the vote being
25 to 10, in a full Senate-a two-third
vote being necessary for its defeat.


This veto is the first which Governor
Booth has sent in to the Legislature
Most of the laws heretofore sent up for
Executive approval Wee of a private or
local nature, invoking no general prin-
clpie' In this case the only question
really at ,ssue, is whether the appointing
powe. shall be given wholly to the Gov
e.nor, or shall some portion of it be vest
ed in the Legislature, and the present
! legislative action was rendered necessary
through another stupid bunder of that
trio of blockheads, the Code Commission
ers. Prior TO the adoption of the Codes
Harbor Commissioners were elected, one
by the voters of the State, one by those
of the city of San Francisco and third
by the Legislature on joint ballot. The
Code thinkers neglected to provide for the
election Of these officers, and the present
Commissioners are all appointees Of the
Governor. The cry of " railroad" which
was raised by the Union, is only part and
parcel of the system always in vogue to
secure the success, or defeat of any meas
ure obnoxious to the clique which is run
ming things AT the State Capital and
was entirely foreign to any purpose of
the bill. But the great strength Of the
Dolly Warden movement last year lay in
the fact that the appointees Of the Gov
nor, to a man, favored it; and it would
not do TO have three Harbor Commission
ers, with control over the official patron
age Of the office, taken from the Doly's
ranks, as might be the case if the cleo
ton was transferred to the Legislature
1t was curtaiing executive patronage in
a way that would be hurtful to the ere
formers" if the Governors appointees
were legislated out Of Office and provis-
ion made for supplying their places by
the popular vote two years hence. 1t is
necessary to its luture success that the
new party should have as much State
patronage under control rs possible ; and
the Harbor Commissioners, il elected by
the Legislature and looking only to the
people for endorsement, would not be as
reliable tools for the reformers as if the
positions are filled by three sound adher-
ents of the immaculate Newton. So the
Union called upon its pet to veto the bill,
and like true servant of his master he
did it.


Mr.. Booth has expressed himself to the
effect that he " would not differ with the
Legislature upon questions of policy"
but would interpose his veto on consti-
tutional grounds only" We presume
this declaration was made with the ex-
pectaton that he would be called upon to
sign the Freeman Fare and Freight bill,
or some other measure equally repugnant
to common sense, and was seeking in
advance to be held eXcusable on the
plea that the people, through their repre-
sentatives, desired the passage of such
measures. His attempt, however, to base
this veto upon constitutional objections is
altogether too gauZy. There are decis-
ions Of the Supreme Court in number
| VI tdSCS bIIcClly uJ NulldllCt Will TIC con-
stitutional construction of his EXcellency.
His argument upon the policy OF legis-
lative body filling an office of its own Gre
ton, is good, but it would have shown
better taste had it been applied to a new
ly-created office, and it so happens that
the office under consideration is an old
established one, whose occupants hold
their position through Executive favor.


In preparing the way for this message,
the Union, of course, claims that it was
instigated by, and in the interest of the
railroad" The pitifulness of this plea
will be seen when we reflect that the leg
islature that is to elect these Harbor
Commissioners, is the one which chose
Mr.. Booth to the United States Senate
Any Capitalization of power which does
not go into the hands Of the Executive is
sure to meet its opposition.


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