The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-03
PARSONS BOUNCED.
His Appointment as Fire Conn.,
missioner Illegal.
The Supreme Court srstains Edwards and De
clares That There Was No Vacancy for
the Governor to Fill.

The Supreme Court rendered yesterday
decision which has created no small stir in
the Fire Department. 1t was the long
looked-for judgment in the case of the
People against Frank G. Edwards, member
of the Board of Fire Commissioners of this
city, and the court ruled that the late Gov
ernOr Waterman erred when he appointed
T.. j. Parsons a member Of the board in
place of Edwards, and that when Judge
Shafter declared Parsons appointment legal
he also erred.
By this decision the board again becomes
a Democratic body. as Edwards. Ames and
Schmitt, three of the five members, are of
that party. The two Republicans are Mar
tin and Brown. The result of the courts
deliberations was speedily communicated
&c the interested parties, and Edwards and
his friends held jubiation.
RIVAL CONVENTIONS.
The suit was instituted by the people in
the relation of T. J. Parsons, who was APP
pointed Fire Commissioner by Gov
eInor Waterman in 1889. in place of Ed
wards, whose term Of Office the Governor
held had long expired. Parsons took the
oath Of office, but Edwards held fast to the
seat. claiming that the appointment of Par
sons was Illegal. Edwards was appointed
IN 1879 by Seldom 5. Wright Judge Of the
County Court
Parsons maintained that Edwards term
Of office bad expired, and that the appoint
ing power was and had been vested IN the
Governor. Judge Sbafter, before whom
the case was tried, ruled that Edwards
term OF office expired in 1882 and that he
was therefore a uSurper and an intruder.
Judge Shatter also held that the Board Of
Supervisors had no authority t. appoint
members OF the board. Edwards at once
appealed TO the Supreme Court which, in
deciding in his favor, made the following
statement Of the case:
STATEMENT OF THE CASE.
Prior to 1876 the Board of Fire Commits
sioneIs consisted Of five persons. chosen a
general elections. In March. 1873, an act
was passed providing that three members
OF the board should be appointed by the
Supervisors. one by the Judge of the Mu-
nlcpal Criminal Court, and one by the
Judge OF the County Court. Tire terms OF
three OF the members Of the board who
were elected under the act Of 1874 expired
10 1879. and the terms OF the other two eX-
PRED IN 1881.
On the first Monday in December. 1879.
Edwards was appointed a member of the
board by Judge Wright, and T. +. Flaherty
was appointed by The Judge OF the Munich
pal Court. The Board Of Supervisors APP
pointed L. b. Cotter in 1879 and John Mason
and +. {. Siebe IN 1851 The act under
which all these appointments were made
rOyides that the Commissioners shall hold
office for the terms of four years from and
after the date of their appointment and
until their successors are appointed and
qualified.
NO VACANCY EXISTED.
The constitution which went into effect
in 1880 abolished both the municipal and
the county courts. On June %, 1889, the
Governor, believing that Edwards term Of
office had expired and that there was
vacancy in the board, appointed Parsons.
Whether there was a vacancy or not was
the question which the Supreme Count had
TO answer.
II was claimed on behalf Of Parsons that
Edwards term OF Office expired four years
after his appointment and that the Cover
nor had the right 20 name his successor. but
these contentious were not favored by TIE
supreme Court, which held, As In the Peo-
pie against Hammond, that there was no
vacancy which the Governor or any one
else had a right to I'LL. as Edwards had not
resigned OF died and therefore that he was
entitled 10 has seat
The decision practically means that the
Governor has 10 right to ill vacancies in
the board and that its members have lie
grin on their Off. eS