Sacramento daily record-union., 1890-04-04

terrain any doubt as to their right to pro,
ceed they can sit right where they are and
write out their oaths as Police Commits
sioners. | am a Notary Public and can
sw ear them in, and then they can vote for
the men over again.
Chairman Comstock-"I supposed had
taken the full OATH"
KARCHER's NEXT POINT.
Captain Karcher-"One other thing.
There is a case in the Superior Court en-
titled Nagle VS.. Comstock, involving a re-
count of the ballots cast at the last election |
for Mayor. We claim that MIR. Comstock |
cannot be the legal Mayor until that case |
is settled. So far as the individual men, |
bers of the Commission are concerned, we |
have the highest regard and respect for |
them; we simply protest against these pro-
ceedings, as we have right TO DO"
CHIEF DREw's MAIDEN SPEECH.
Chief of Police Drew-"Perhaps l have |
neglected to take an oath as Police Com |
missioner. If another is to be taken, did |
not understand 1t that way. don't think |
politics has entered the minds of either of |
the Commissioners in the selection of |
police force. | have many friends that | |
would like to have voted for, and | would |
like to have twenty-five men on the force, |
with two Captains-Lee and Karcher. But |
there can be but one Captain and fifteen |
men. After three days hard work we
have cut our lists down, and in doing so
have not selected anyone as a Democrat or |
Republican. l don't see how we could |
have done otherwise than as we have. We |
dropped man after man, until the last one |
was against me, politically, be being a |
Democrat
Captain karcher again assured the Com |
missioners that he entertained only the |
kindliest feelings for them personally, and |
had not charged that they were governed |
by politics in their present action. But it |
was not his fault if they had not filed the |
necessary oaths. "If." he said 81 were a |
candidate for Chief of Police, would try
and familiarize myself with the law gov
erning the police department" He had |
called the Mayors attention to Sections |
and Z, as quoted, and did not see how he |
could have construed it otherwise than as
it read.
OFFICERS EX oFFICIo AND DE FACTo.
AT this point City Attorney-elect, E. C. |
Hart, made long argument, holding that |
the members of the Commission had been |
sworn in respectively as Mayor, Chief of |
Police and Police Judge and they were |
now only acting in an ex officio capacity. |
AS to the contest over the Mayoralty, Mr.. |
Comstock was Mayor de facto, and as such |
all his acts were legal.
Captain karcher returned to the attack. |
He said he had made his protest honestly, |
and had not expected to have two good |
lawyers pitted against him. However
they had both admitted that a doubt. at |
least, existed as to the legality of the pro-
ceedings, and Mr.. White then had his |
brother writing out an oath OF Office for the |
Commissioners to sign, which was an ad-
mission of the force of his Karcher's) pro.
test.
City Attorney Church-"I have sug-
gestion to offer which NAV, if adopted. |
avoid unpleasant complications. I agree
with Mr.. Hart and Mr.. White that you are
de tacto officials and that your acts are
legal; but | disagree with them on the
point that you can take the oath of office
before q Notary. The law says it must be
taken before the County Judge. If the
statute be mandatory, no other course will
do. If you try any other method you NAV
only precipitate lawsuit. My suggestion
is this: The vote has not yet been an
nounced, and before declaring it you can
adjourn, file your oaths of office as Police
Commissioners with the County Clerk to-
morrow, and declare the vote at another
time; that would be the safest course"
THE COMMISSIONERS SWORN IN.
Mr.. G. L. White here conferred with the
Commissioners and advised them to let
him swear them in. written form of
oath was laid before them. which tbev
signed, and then each raised his hand and
Mr.. White. as Notary, swore them into
Office.
On the advice of Mr.. White the Commits
sloners then again voted for the fifteen
men, and they were declared by Mayor
Comstock to have been duly elected as
| Fifteen Police Commissioners of Sacra.
mento county"
One of the other members nudged the
Mayor, who at once discovered his little
tapsus ttngu8 and instructed the Clerk to
record them as having been elected police
men.
KARCHER STILL PROTESTS.
Captain Ksrcher then renewed his pro-
test on the ground that the action of the
Board had been illegal, inasmuch as the
Commissioners had assumed to exercise
the functions of Office without having filed
their oaths with the County Clerk, as re-
quired.
After confirming the appointment of
Benjamin Chambers a special officer for
the district bounded by Front. Fourth. K
and L streets, the Board adjourned, and
the hungry crowd filed out az q quarter
past clock.
STILL on DECK.
As Captain Karcher was leaving the DO.
lice station he was met by some of The
members of the old force, who said
Wen report to you as usual, Captain,
Yes" replied Karcher "we'u 20 right
ahead as we have. You'll find me on
duty, and can report as usual"