36 TRANSACTIONS OF THE 



nize them. We cannot sit in judgment upon this case. Mr. Finigan says 

 he has proofs which will set aside the disability claimed, but this is no 

 place for them. He must apply to the Courts. In short, the Constitution 

 and the laws of our State empower the Governor to fill vacancies. So far 

 as we are concerned the Governor's action in this case is conclusive. We 

 have no right to interfere, and must recognize Mr. Perkins and his cre- 

 dentials. 



Mr. Finigan — All I want to show the Board is my proofs. Here is 

 Wells, Fargo's certificate, showing the date I received my commission, and 

 here are the proofs of the filing of my oath on the following day with the 

 Secretary of State. If I am to have a successor, I would rather it would 

 be Mr. Perkins than any gentleman I know, but I am not going to tamely 

 submit when I know I am right. 



Mr. Boggs — What was the date of your appointment and the date of 

 your filing your oath with the Secretary of State ? 



Mr. Finigan — I was appointed January nineteenth, and my oath was 

 filed February nineteenth. The statute says I must file my oath within a 

 certain time after I receive my commission, and this I claim I have com- 

 plied with. If the express company failed to deliver it on time, or if there 

 was negligence in forwarding it, that was no fault of mine. 



Mr. Boggs suggested that it be made to appear on the minutes that Mr. 

 Finigan appeared before the Board and claimed his seat. 



Director Rose — Mr. Finigan can readily see by the remarks of Judge 

 Shafter that we are not the judge of our own members, and consequently 

 cannot take action as he desires. He not being in accord with the mem- 

 bers of this Board has nothing to do with the case whatever. I think the 

 best thing Mr. Finigan can do is to state his case here, make what repre- 

 sentations he desires, and then go to the Courts. 



Director Shafter introduced the following, which was unanimously 

 adopted : 



Resolved, That whereas it appearing the commission of Dana Perkins as a Director of 

 the State Board of Agriculture, with a certificate of the Secretary of State, showing that 

 his oath of office had been filed within three days after the date of said commission, vice 

 P. A. Finigan (whose office is alleged to have become vacant), having been presented to 

 this Board, it is ordered that the commission of said Dana Perkins, with said certificate, 

 be filed by the Secretary of this Board; that said Dana Perkins' name be called as a mem- 

 ber of this Board. P. A. Finigan appearing and claiming that he is a member of this 

 Board, and that his name be called as such, this Board denies his right thereto, and 

 directs that his name be omitted in all roll-calls of this Board. Such decision is founded 

 upon the ground of want of jurisdiction on the part of this Board to inquire into the 

 grounds of the action of the Executive Department in determining the fact of a vacancy 

 in the office held by Mr. Finigan, or as to the executive reasons in issuing the commission 

 to Mr. Perkins. 



The roll of Directors was then called, and Mr. Perkins answered to his 

 name. 



The annual report of the Board to the Governor of the State, and the 

 Secretary's financial statement for the fiscal year ending January thirty- 

 first, were then read, adopted, and ordered to print. 



The Committee on Park reported that they had leased the same for one 

 year from December first, to Messrs. Gardner & Craig. 



After considering other minor matters, relating to the business of 1887, 

 the Board proceeded to organize for 1888. 



ELECTION OF OFFICERS. 



The Board of 1888 is composed of the same members, except Mr. Dana 

 Perkins of Placer, who succeeds P. A. Finigan. 



