The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-11-29
DAILY AND PROLL
THE CHOSEN ONES.
Appointments TO the Fire Com.
mission Board.
Governor Markham Has Named Successors to
Parsons and Martin-Another Con-
test in Store.

The speculation as to the exact status
and complexion of the Board of Fire Com
missioners has at last come to head.
Governor Markham has appointed John d.
Daily, of the firm Of Daily Il Caldwell, pro-
prietors of the San Mateo Dairy, and Will
lam Proll. well-known rea-estate dealer,
to succeed respectively Commissioners
Andrew J. Martin and Thomas J. Parsons,
whose terms of office. it is understood. will
expire tomorrow. The appointments were
made yesterday, and the Commissioners ar
rived here from Sacramento late last even
ing: Both appointees will qualify at once
and be ready to present their credentials
and demand their seats on Tuesday.
CURIOUS COMPLICATION.
The Fire Commission is u curlousIy COM
plcated ingredient of the municipal gov
ernment, and its precise legal standing
never has been definitely established. Ever
since It's organization it has been pulled
and hauled by factions and political squab-
bling till no one wearing the empty honors
of Commissioner has ever been able to say
for certain that he was entitled to them.
The courts even have never given salts
factory construction to the act, though re-
peatedly appealed to, and at this very time
thirteen years alter the enactment of the
idW-Iuo SUPREME COHTL has one OF Two
phases OF the wraDgle under considera-
ton. In all probability it will have another
to pass upon before the season Is over.
The last organization of the Fire Com
mission dates from the first Monday in De-
cember 1879 under special act of the
Legislature, approved March 49, 1873.
HOW THE ACT READS.
That act reads as follows as to the
method of appointing the Commissioners
There shall b. Board of Fire Commissioners
consisting OF five persons, three OF whom shall
be appointed by Tie Board OF Supervisors. one
by The Judge OF The Municipal Criminal Court
and one by the Judge OF the County Court: pro-
vided that no appointment shall be made until the
expiration OF the term OF Office OF the several
members OF The present board, except 10 fill
vacancies. The Board of Supervisors, the
Judge OF the Municipal Criminal Court and the
Judge OF the County Court shall each appoint
one Commissioner to fill the vacancies occurring
on the first Monday in December, 1879 which
Commissioners shall serve for the term OF
four years; and thereafter the vacancies
occurring, by expiration OF Office In December
1881 SHALL be filled by appointment OF two Com
missloners by the Supervisors to serve for the
term OF four years, and thereafter the appoint
ment OF Commissioners shall be In lhe manner
their office for The term of four years from aud
after the date of their appointment. In the
event OF vacancies from any cause other than the
expiration oil their term OF office, the Board OF
Supervisors shall appoint some suitable person
10 III such vacancy, provided, that If any va
cancy shall occur by resignation, or otherwise
sucn vacancy shall be filled by the same mower
which made the original appointment and the
person SO appointed 10 fill such vacancy shall be
appointed 10 fill the same for the unexpired
term.
APPOINTMENTS HEREUNDER.
In accordance with this act Judge Blake,
who was then Judge of the Municipal Grim
inal Court. appointed +. G. Edwards, and
Judge Selden 5. Wright of the County
Court appointed Edward Flaherty, both Of
whom assumed Office ON the first Monday in
December, 1879 BY the time their terms of
office had expired the new Constitution had
been adopted. wiping out the Municipal
Criminal and the County courts; hence the
question was raised. Where did the appoint
ing power originally vested in those defunct
Institutions fall?
When the time came to appoint the sue
cessors of those two Commissioners the
Board OF Supervisors assumed the power
and reappointed them. The power was not
questioned and these two appointments
were allowed to serve out their term undis-
turbef. just before the first Monday In
December, 1887. however. the Board of