Power Play Is Mostly Just Play

It’s a time-honored tradition: When the governor leaves the state, his understudy gets to step into the spotlight--and, in some cases, make political mischief.

Usually, the absent chief executive hands the reins to his second in command, the lieutenant governor. But this week, Lt. Gov. Cruz Bustamante was gone too, joining Gov. Gray Davis on a goodwill trip to Mexico.

That left state Senate Leader John Burton--a somewhat unpredictable chap--in charge of California, and set the Capitol crowd to wondering: With the cats away, would the mouse play?

You bet.

Past gubernatorial stand-ins have used their temporary power to appoint judges and do other sneaky things. But Gov. Burton had something more innocuous in mind.

Fulfilling a lifelong ambition, he used “the authority vested in me by Government Code Section 12058” to issue a proclamation declaring today Keely Smith Appreciation Day in California.

Smith, the 66-year-old crooner best known as the late Louis Prima’s partner in life and in song, has long been among the senator’s favorites.

“I’ve been in love with her since I first heard her voice back in 1956,” said Burton, famed for his ability to recite lyrics to the most obscure songs. “If I can’t put my daughter on the Supreme Court, at least I can fulfill this dream.”

Burton, 66, said his recognition of Smith coincides with her induction today into the Casino Legends Hall of Fame in Las Vegas. In his proclamation, Burton praised Smith as “one of the great ladies of American song.”

Although Burton’s display of power may be among the most colorful actions taken by an acting governor, it is by no means the most controversial. In 1979, Mike Curb--the Republican lieutenant governor--took advantage of Democrat Jerry Brown’s absence to appoint a justice to the state Court of Appeal and roll back pollution controls.

Curb’s actions set off a tornado of protest and bad publicity from which he never fully recovered.

Burton’s gubernatorial term began Monday and was expected to end Wednesday night with Davis’ return to the capital. The senator said he had been invited to accompany Davis on the Mexico trip but opted to stay behind and run the state.

“I said, ‘Gray, why would I pass up the chance to be acting governor and pardon a bunch of murderers?’ And his eyes got kind of a glazed look,” Burton recalled.

At press time, the governor du jour had taken no other dramatic steps. But he did want to share one parting thought with the people of California:

“Think about it. The sun was shining, there were no floods, fires or earthquakes. Taxes didn’t go up. I must be one hell of an acting governor.”

In a news release, Burton added that schools and state offices would remain open on Keely Smith Day.