The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-02
The Presiding officers Position Declared Va
cant and Mr.. Gray Chosen to Fill It.
A Clash Imminent

also the major in years, WAS unanim ousIy
chosen to fill the chairmanship. But the
bench was not fully represented. Messrs,
Low. the Presiding Justice, and Cook were
absent. Clerk Gordon was deputed as a
committee of one on ways and means to
bring in the absentees. The absentees
begged leave to be excused.
Mr.. Cook had been inv ited that morning
to participate in meeting to elect Mr..
Gray as Presiding Justice, and as he con-
sidered the matter cut and dried according
to the Invitation. aud inasmuch as the ma
jority had already assembled to carry cut
the programme, ne was in TO mood Ito play
TOm-fooi at this circus so declined 10
leave his courtroom. Mr.. Low had decided
objections to being present at his own fun
eral and also declined the honor.
Mr.. Campbell at the aforesaid solemn
cJnelave read with due emphasis section So
OF the Code of Civil Procedure. which gives
the power to a majority Of the Justices to
choose presiding officer.
Mr.. Britain moved that the position Of
Mr.. Low be declared vacant Mr.. Camp
bell seconded the motion. Carried.
A VACANCY DECLARED.
Mr.. Britain moved that Mr.. Gray be
elected Presiding Justice. Mr. Campbell
seconded. Carried.
Mr.. Gray then moved that Messrs. Low
and Cook be Informed by the clerk of the
action taken. Mr.. Britain seconded. Car
ried.
Solemn conclave adjourned.
Of course Mr.. Low will not vacate, and
that he viii not was evidenced by his al
dressing The following Communication Jas
soon as he bad learned OF the formal and
attempted disposal OF himself by the solemn
cOnclaye:
JUSTICES COURT. City AND COUNTY OF SAM
FRANCISCO. NEW CITY HALL,
SAN FRANCISCO April j, 1892. J
ID. y. Gordon ESQ., Clerk Justices C0nrf Nth
and County Of san FrGHciSco-DEAR SIR:
hereby notify you that do not recognize the
right OF +. j. Gray. William q. Britain and
James A Campbell TO remove me from thu ONCE
OF Presiding Justice of the Justices Court.
their rlghI TO remove me- aud elect f. j. Gray, Is
this: That James A. Campbell Is not now and
had not been at the lime OF his appointment a
resident OF the city aud county OF San Francisco
,or one year next preceding his appointment.
Yours respectfully, CHARLES A. Low,
Presiding Justice OF the City and County of San
Francisco State of California.
Things moved apparently in their wonted
groove after all this. Clerk Gordon, who
is altogether disinterested in the matter,
had of course taken respectful notice Of the
above protest But he pinned his faith on
section 50, quoted at the conclave. and said
he had no choice but to recognize the Pre-
siding Justice chosen by the majority. Mr.
Gordon is not an app0intee OF the Justices,
and therefore can be as cool in the matter
as green cucumber
CAMPBELL htSlDENCE.
Mr.. Campbell took the matter as one of
course. He pooh-poohed the objection
against him on residence qualification. He
maintained that he Is q resident of the
city and county and that for months had
lived at 5l2 Eddy street. His wife has n
home IN Berkeley, on which he is paying in
staliments, but his legal home Is and has
been In this city. The bosses had nothing
to do with the removal of Low. The JUS
tees had desired to make the departure aud
establiSha precedent of electing Presiding
Justice every six months. When Low went
in first be promised and il was understood
that he was to hold only for six months.
lie had not kept his word. their terms are
more than half over and he has had all the
honors and emoluments that attach TO the
Office.
MIR. Low said he would fght with all the
fight that is in him. He did not dispute the
| authority gwen the majority by section So
but that section must not be read alone
Read II with other sections" said he "and
cause must be shown for the removal. No
cause has been shown, and i wont be ex-
Presiding Justice without a contest | have
| given the Sheriff notice not to serve anv
| execution signed by any one as Presiding
Justice save myself. ! have given notice to
! the Auditor not TO pay the salary OF 1928 as
| Presiding Justice 10 any one save me- and
| have given notice to the clerk that am the
! Presiding Justice and alone empowered to
| assign cases.
II don't believe they are trying 10 onst
me because OF any dislike they have for me,
but simply because they have received
orders from headquarters to Gust me and
put Gray in my place. They sllege nothing
| against me, and in trying 10 displace me
they violate well-established rule Of the
justices Court that Presiding Justice
once elected is elected for the two years.
| OF course section So of the Code of Civil
| Procedure says that the Presiding Justice
can be removed at any time, but never in
| the history of the Justices Court has a Pre-
siding Justice been removed in the way
they are trying to remove me.
PERSONALLY A FRIEND.
Furthermore. In regard to Justice Camp
bells voice in this matter. claim that he a
not legally Justice of the Peace of this
city and county. Section 159 of the Code of
Civil Procedure provides that n Justice of
the Peace must live one year in the county
before his election or appointment to the
Office. Now. Justice Campbell was APP
pointed by the Board OF Supervisors to fiji
the vacancy caused by Justice Woods
death. Previous to his appointment Camp-
bell lived in Alameda County, and to all in
tents and purposes lives there now. He is
not entitled to the Office which he holds.
Personally lie is a friend of mine, but he
| has his eye on the Police Judgeship. and
| for that reason he Is afraid to offend the
bosses, who would defeat his political aspi-
| raiions."
Mr. tray. the PRESIDING Justice-elect
| said that the steps taken by Me. Low would
| certainly bring matters to focus. He had
| been an aspirant for the Presiding Justice
| one year ago. and he desired IL for the honor
| and its em0uments. His presidency of the
1 Howard Club had nothing to do with IL and
| NO orders had been received from Kelly or
| Crimm;ns He received no orders from them,
The movement Is without precedent in the
| history of the tribunal, but Ii had been de.
| termined that all should have the Presiding
| Justice during the two years term. This
| had been agreed upon over year ago, and
| Mr.. Low had promised not to continue in
(! the Office longer than six months, but he
| has continued and has never given Q reas on
| for keeping II for the two years. Section So
| gave them the authority to do what they
had done, and why should not the Office be
a revolving one as In the Police and Supe-
| rior courts?
Mr. Cook washed his hands of the affair
and was glad he had had nothing 10 dc
! with 1t. lie declared that the affair Is q
| political move, aud that Campbell. who de.
sires to be Police Judge, was ordered BY
Martin Kelly to assist in depssing Judge
| Low and eiecting Judge Graz