The herald., 1894-07-09
HAHN ANS ELIGIBILITY.
JudEe Gottschaik's Legal Obj jectio
R.-Itad

Judge Gottschalk's Legal Obj actious
Replied 10.
EDITORS HERALD In tho HER AID OF
yesterday Judge Gottschalk has long
letter, in which he attempts to prove
that DR.. Hailman. lately elected city
superintendent OF schools, is not eligible
to said position.
He undertakes TO prove that the Office
of city superintendent OF schoois ls
'civil office" as defined in the CODE and
he bases his reasoning on the following:
I'm the city charter said office ie includ-
ed in the l;st OF city offices." The city
superintendent is a member OF the city
board OF examination" in case tie city
has such a board.
As to the first reason, the mere inclu-
sion of the office OF city superintendent
of schools in list of city Offices can no
more make it ''civil office" under the
code than it can make the position OF
teacher q civil Office.
The uperintendent Of schools is sim
ply the chief teacher Of the city. He
has the same authority over the city
schools that a principal has over the
teachers of his building. He ia Gubject
to en- mploymentanGo oiemssal (City char.
ter, section 20, article 81 the same as
all other city teachers. His salary may
be fixed, raieed. or lowered during his
term OF employment. (Cha-ter, section
20, article 2, and section ~
The salary of a civil officer cannot be
lowered during mis- term OF Office. Sec
tion 205 OF charter Gays: ''No person
shall be eligible to any municipal office
unde. the charter who at the time Of his
election or appointment is not qualified
elector of the city under the laws OF this
state'
Even that explicit clause will not hold
for some offices that are unGenisbly
municipal. Mrs. Hughes is not "qual.
itiej voter of tho city, but the court
sustained her in her suit two years ago.
The state constitution IS superior to the
city charter.
Section 4l02 of the political code says:
mo person is eligible to district or
township Office who is not citizen of
the state and an elector of the district
or township i'll which the duties of the
office are to be exercised for which he 10
elected"
Does Judge Gottschalk presume TO
tell US that every city or village or town
or township is to be condemned forever TO
the use of local material only for the Of
fee of school superintendent? Imme-
mortal custom and the logical construc-
tion OF the law are against any euch
conclusion. ANY -cnrrt would as soon
| recognize u book kEee per, clerk OF COM
mission, apecial attorney or agent as a
civil officer, as it would recognize a
| teacher ae such.
In city where teacher or superin-
tendent OF schools is elected by direct
vote of the people it might be required
that he be a resident; Dut even then the
people who would choose such plan OF
eelection would be sensible enough to
choose the hesE man wherever he could
be procured.
As to the second reason given by
Judge Gottschalk, that the city superin-
! tendent meets with the county euperin-
tendents once a year, that is a very
strange reason indeed The Judge has
evidently overlooked the fact that all
the teachers in the state are required to
keep the same kind OF company for
whole week every year at institute term,
According to his reasoning, all teachers
are "civil officers" just as much as are
uperintendents.
AS to being member of the city
board of examination, there is no such
boaru here, and will not be till legally
organized
Iu such cities as San Francisco where
tue city perintendent is also county
superintendent and is elected by direct
vo.e OF the people, such reasoning as is
contained in the letter referred to will
hold; but l think | have clearly shown
that it will not hold in cities and towns
having nothing in common with them.
Appointlve officers may hail from any
where or nowhere. Until congress
! passed the alien contract law, Turk or
Portuguese could be chosen to teach any
where in America. 1t ia as absurd to
think we may not send o1t of town to
get an expert teacher as to suppose we
may not some dsv or any day send out
OF the state for an expert electrician, or
gardner, or manager OF theatres, or pub
lie singer, or orchestra, or balloonist, or
detective, or artist in any line, or orator.
or inventor, or poet, or public clown, or
any other appointive functionary now
or hereafter to be uselul to the city.
There are come other facts bearing on
the legal and controversial status and
cause of this discussion which | will fur
nieh at the proper time.
EDWARD HUTcHIsoN.
Great society event OF the season,