The morning call., 1893-11-07
OUT OF OFFICE.
Director ClintOn'S Place
Vacant.
OVER SIXTY DAYS ABSENT.
Superintendent SWEET May Not
Reappoint.
SUPERVISOR DENMAN'S CASE.
Claim That His Position Is For
feited, as He Has No Leave
of Absence.
OVER SIXTY DAYS ABSENT.
SUPERVISOR DENMAN'S CASE.

There is great probability of vacancy
being declared in the Board of Education.
The position which may be declared
vacant is that of Director Clinton. Some
what over two months ago Director Clin-
ton secured leave of absence from the
State of sixty days, the full limit allowed
by law. DR.. Clinton desired to go East
and view the Chicago Fair. He also had
wealthy patient under his treatment who
desired TO travel, and the journey was ex-
tended to Europe.
Director Clinton's leave OF absence was
dated September and the sixty days
allowed by law are con seQuently up to-day,
November 7.
Letters have been received from DIR.
Clinton during the last few weeks dated
at various European points. The last let
ter received was from Seville. Spain.
where he was to stay for some days. He
did not say how far his tour was to ex-
tend, but in timated in his letter that he
would return about December 1.
There is no way of eluding the fact that
DR.. Clinton has forfeited his office by re-
naming absent from the State for more
than sixty days. The absence OF DR.. Clin-
ton beyond the period of his leave has
created quite an excitement among the
teachers and Board of Directors Of the
School Department. DR.. Clinton belonged
to the minority of the board, and was
always present to lend his vote to the
opposition. The loss of his influence and
vote will greatly reduce the minority's
strength. Several of the minority who
learned that it was impossible for DR.. Clin-
ton to return within the stipulated time
have been endeavoring to learn within
the last few days whether it was possible
for him to be reappointed when he re-
turned.
In order to obtain positive information
on this point. CALL reporter asked Su-
perintendens of Public Instruction John
SWEET. who has the power of nominating
a successor to DIR. Clinton. yesterday, if he
would appoint DIR. Clinton when he re-
turned. Superintendent SWEET replied:
II have no desire to take advantage of
Dr. Clinton. After he left and was gone
some time some of his friends came to me
and told me that he might oversteD the
limit of sixty days by week or so. told
them that in that case l would reappoint
DR.. Clinton. But there is a limit to all
things. DIR. Clinton knew when he left
that he was a public officer elected to serve
the people, and was given quite an extended
leave of absense. If he remains away
very much beyond the limit / cannot say
whether some one will be appointed in his
stead or not There are many important
matters before the Board of Education,
and certainly they should deserve the
attention Of every member. II DR.. Clinton
remains away beyond the middle Of the
month there may be some chance of a sue
cessor being u nominated. | told his friends
however. that he would be given reasona-
bic grace"
Another probable case of forfeiture of
office is that OF supervisor Denman of the
Twelfth Ward.
About four weeks ago Supervisor Dem
man left this city for Chicago and other
Eastern points. Before going he did not
think it worth while to obtain permission
from the Board Of Supervisors to absent
himself from the State. and left without
having any resolution introduced, as was
customary.
Supervisor Goodwin of the First Ward
took an Eastern trip during August and
September vacation. but he obtained
leave from the board to absent himself
from the State. This has been the custom.
and although some said it was not neces-
sary. yet the courteous Supervisor leaving
tie State wanted to be on the right side
and obtained his little permit from the
board. Clerk Russell does not believe
that Supervisor Denman has forfeited
his position in the board by departing
without n leave of absence, but there are
others who have been looking up the law
who are of a different opinion.
The law upon which Clerk Russell relies
is the following: According TO an act Of
the Legislature, approved March 80, 1868,
it is provided in section 3: IF member
OF the Board of Supervisors shall here
after absent himself from the State, or
shall neglect to attend the meetings of
said hoard for period OF ninety days, his
Office may be declared vacant by the board
and successor may be appointed Tor the
unexpired term as provided In other
cases"
This is all that Clerk Russell relies
upon Before the passage of this act,
special as regards San Francisco, the law
was as follows in the Political Code:
section APO. No county officer must alb
sent himself from the State for more than
thirty days, unless with the consent OF the
Legislature"
But on February 10, 1876, this section
was amended. and it is a section which
has always been followed in the granting
of permits for leave of absence, as will be
seen from the sixty-day clause.
Section 4120 of the Political Code. which
went in to effect on February 10. 1876, reads
as follows:
A county officer shall In no case absent him.
self from the State for period of more than
sixty days. and for no period whatever without
the consent OF the Board OF Supervisors OF bis
county.
Those who argue that Supervisor Dem
man has forfeited his Office hold. first, that
it was necessary in the early days to OBJ
tain a permit from the Legislature. and
that no county officer could be absent for
more than thirty days; second. they claim
that the act quoted by Clerk Russell, and
adopted as special act Of the Legislature
in March. 1868, gave the Supervisors them
selves control over the subject; third, they
argue that the general law. now section
APO of the Political Code. which has al