The morning call., 1891-11-17
BATTLING BOSSES.
The Struggle TO Control the Fire
Department.
A Claim That the Terms Of Commissioners
Parsons and Martin Expire the
First Of Next Month.

A very active fight is now going on among
the politicians to get control of the Fire De-
partment
There never was perhaps any board in
which so many legal complications were
involved as in the case of the Fire Commits
sion. The object of the contest now going
on is to break up the combination in the
Fire Commission, consisting of Ames, Par
sons and Schmidt, through which all the
patronage is controlled by Crimmins and
Kelly.
So notorious has this become that no Sc
cret is made of the fact, and at every meet
ing of the board Martin Kelly may be seen
in the back room in which the Fire Commits
sioners meet, in order TO personally see that
his orders are carried ont.
Dan Burns and J. \. E. Wilson.
who represent another wing of the Re-
publican party, are anxious to break the
power of Kelly in the Fire Department
Ames and Schmidt hold over until 1898
under their appointment, and there is no
way of reaching them. The only way TO
break up the combination is to get rid of
Parsons, who is the Republican member
who went over to the Democrats in order to
control the departments patronage.
APLAN TO GUST KELLY.
Burns and Wilson believe they have hit
upon plan which Will break up the Kelly
combination. They hold that the terms of
Parsons and Martin both expire on Deem
her /, 1891, at the same time when Commits
sioner Newman goes out of office 1t is
stated that the facts have been presented to
Governor Mark ham, showing why the
terms of Martin and Parsons must expire on
December 1st next, and that he will be in
duced to make two appointments TO I'LL the
vacancies.
Should the appointments be made. it is
will nj ka in la inn of
Kelly and Crimmins. Once rid Of Parsons.
II is believed the nefariouS combination will
be broken Hp, as it is not thought pro Oable
that another Republican could be induced,
like Parsons, 10 join the Democratic job
bers.
In order to understand the contention
that Parsons and Martins terms expire in
December next, IL Is necessary to go little
into the history OF the Fire Commission,
which is very complicated.
SERIES OF COMPLICATIONS.
In 1S77-7S an act was passed by the Legs-
lature reorganiziug the Fire Department.
According to this act the Board of Supervis-
ors had the power of appointing three Fire
Commissioners, aud the Judges OF the NUM-
cipal Criminal Court and the County Court
one each. After the passage of the act
Judge Blake of the Municipal Criminal
Court appointed F. G Edwards, and Judge
Selden S. Wright of the County Court APP
pointed Edward Flaherty, the term of Of
fee to commence on ths first Monday in De-
cember, 1879 This act fixed the term of
Office at four years. Four years later, that
Is IN 1883, the Board of Supervisors reap
pointed Edwards and Flaherty, the original
appointing power, that is the old courts,
having ceased TO exist. The Board of Su-
pervisors assumed this power, and 1t was
not questioned for some time. In 1887, be-
fore the first Monday in December, the
Board OF Supervisors appointed ID. j. Ma
honey and Frank G. Edwards Fire Commits
sloners for tOnr years, the term to expire on
the first Monday III December, 1891. MahOney
and Edwards were appointed under the as
sumption the board absorbed the powers of
the defunct courts.
AN UNDETERMINED CUSTOM.
There has always been question in re-
gard to the reappointment of Edwards and
Flaherty by the Board of Supervisors, which
assumed the powers of the two courts which
were legislated out of existence by the
new Constitution. About two years ago
Governor Waterman was advised that the
Supervisors did not have this power and
that II was vested in him. Accordingly he
appointed I. q. Parsons and 4 man named
Clarke, acting under tue idea that there
being no provision TO fill a vacancy the
power was with him. After the appoint
ment Parsons and Clarke demanded tn cir
seats aud were refused them by the neHHa-
bent board. They began proceedings in the
Superior Court, and Judge McShafter de-
cided that Governor Waterman appointees
were entitled to the seats. An appeal was
taken and is still pending.
While the suit was pending Clarke died
and Governor Waterman appointed David
B. ia kson in his place jackson was soon
after elected Supervisor of the Second
Ward and resigned. Governor Waterman
then appointed Andrew Jackson Martin to
the position.
FOR THE UNEXPIRED TERM.
1t will be seen that Parsons and Clarke
were appointed while Mahoney and
Flaherty were still serving under an illegal
appointment by the Board of Supervisors,
and that their term Won expire in Dece M
Der, 1891. When Governor w aternan m ade
his appointments lie could not give them
any more rights than Mahonsy and
Flahery had. They were appointed to fill
the uneXpired term which had been partially
filed by Mahoney and Flaherty under an
Illegal appointment, so held by the court. In
the same way, should Supervisors seat be
declared TO be illegally held after the term
had been partially served, the appoiutee Of
the Mayor would only serve ont the re st of
the term, and could not possibly claim tho
right to act for two years from the date of
the appointment.
CLAIM FOUR YEARS.
Parsons and Martin, however claim that
their commission was for four years from
the date of its presentation, and that they
have one more term TO serve, being appoint
ed in 1883 Martin does not care whether
his appointment only lasts until December
or not, for the reason that he is not in the
combination, and besides has the appoint
ment of Port Warden to take effect in April
1t was also rumored in political circles
yesterday that the Governor had been ad-
yised that the act of 1877 IS was void, on
the ground that law could not be partially
void aad partially valid. That part of the
act relating 70 the appointments by the
courts IS void, because the courts no longer
exist 1t has been held by some lawyers, it
Is said, that therefore the whole act i. void
and that there Is Fire Commission at all
The rumor had it that Governor Mark
ham would SO hold, and appoint five new
members to constitute q commission.