The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-11-29

Supervisors undertook to appoint the sue
cessors of Edwards and Flaherty-indeed
did SO appoint-Edwards having been
named to succeed himself and d. j. Ma
honey TO succeed Flaherty. The new ap-
polntees took their Office and the prospect
of pcaceable possession was before them.
WATERMAN TESTED THE POINT.
Shortly after Governor Waterman put on
the responsibilities of office his legal advis-
crs urged upon him that the power assumed
by the Supervisors was illegally assumed;
hat by rights the powers of the old courts,
anEhilated by the Constitution, should rest
in the Governor. He was persuaded to test
that point by appointing two Commission
ers to contest the places held by Edwards
and Mahoney. He selected Thomas J. Par
sons and one u. p. Clark. now dead. They
were refused the seats to which they were
appointed, and the matter was then taken
into court Judge Shaiter decided that the
power in question vested in the Governor,
hence his appolntees were given possession.
Pending the suit Clark died, and d. B.
Jackson was named in his stead. The lat
ter resigned to accept the Office Of Super
visor, and the Governor appointed Andrew
j. Martin to the vacancy.
The otfices filled by Martin and Parsons.
therefore, according to Judge Shafter, be-
long to the Governor. According to the act
that established them, the term Of each in
cunbent is four years, dating from the first
Monday in December, 1889 By that sort of
reckoning their terms will have expired by
the first Monday in December, 1891.
+ THE PROMISED COMPLICATION.
Here is where the next complication wi
arise. Governor Waterman, In issuing his
commissions to his appointees, Martin and
Parsons, expressly announced in them that
they were appointed for the full term-four
years-instead of for the unexpired term,
which nearly all legal experts admit was
mistake, and can in no sense affect the law.
Commissioner Martin was seen last night
and asked his views. 1t was reported that
he intended to resign in favor of his sue
cessOr. Mr.. Daily. This he denied, explain
ing that he did not consider 1t necessary
"If my term of office expires on the first
Monday in December. and haven't any
doubt about it myself, why should | re-
sign? | shall simply step down and out II
my duly appointed successor presents him
self with his credentials"
81 haven't particle of doubt" he con-
tinued. that my term expires next month.
The law is as plain as it need be on that
point, even if my commission does read DIFF
ferently, and l shall not offer one bit OF re-
sistance when see the man who is en- titled
to my place"
MARTIN rs HOPEFUL.
Mr.. Martin had not heard at that lime
that his successor had been appointed. and
had no idea who it could be. lie said If
the Governor proposed to take such a step.
he hoped Mr.. DAILY would be his successor
ha I, ,l,ot
o f, ' no h.om wa. sen.ieInah 10 De IN
az oid ,nt "l'u citlze1 whose
body.
~ oo ,ia,1;n aiSons was next seen.
dne' nv ,se; Hmo" ho.h'ns vi the gov
e ;i apponn' ; anu .i,i nhe"lse mad no
isaonar N Marsi hn ala 3'in more ke Com
missioner marlin, nc uiu NOT entertain the
SS5i ,, douoI aoVGe nIs tenure Oh Office
Mr' M ua,no hs ia uof Gr, ana unlike
that his ,orm of n'u ae, ~ IHe pelleI