The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-27
1t Is Said That 1t Will Be Bald
win or Franks.
CLEvELAND's LITTLE SCHEME
How He May Outwit the Congress.
sional DeIegation-Garter
and McGee.

members Oh tHdt party III Tie L lrSG DlSlTlct
of California has been centered upon the
fight for the position of United States
Marshal. The commission of United
States Marshal Long expires at 8 o'clock
to-day, and unless his successor has been
appointed before that time the Justice of
the United States Supreme Court for this
circuit. Justice Stephen j. Field, will
appoint Marshal to act temporarily until
his successor shall be appointed.
And thereby hangs tale.
Is Is well known that Justice Field and
Acknowledgement Olney both favor the re-
appointment Of J. c. Franks, whom Mar
shall Long displaced, and so strong was
their influence with the President that
Cleveland sent word 10 the California
delegation of Democratic Congressman
about three weeks ago that. unless they
could agree upon a man for the place, he
would appoint Franks arbitrarily. This
the delegation evidently did not want. for
after two or three caucuses the delegation
decided upon Barry Baldwin for the place,
and, il is said, by those who should know.
sent his name in over week ago. 1t is
wel-known fact that several members of
the deeg alton gave Baldwin very reluctant
support. and took good care to let that fact
reach Attorney General OlBey's ears.
Whether this be true or not certain it is
that up to late hour yesterday afternoon
no word of Baldwin's appointment had
been received by the politicians here, and
il was loudly proclaimed by his enemies
that Field and Olney would yet outwit the
delegation AID make Franks the Marshal,
despite the recommendation made. IL
could easily be done, and in so doing
merely precedent would be overthrown.
So far with Cleveland's administration
presidents have not counted for much,
and the overthrow of one more would
probably not trouble him much. Accord
ing to the belief of the politicians quoted
Marshal Longs term will be allowed to
expire without the appointment of his
successor being made. Then Justice
Field will appoint Franks as temporary
Marshal until such time as his successor
shall be chosen, which would, in that
event, probably be some three years and
half from this time.
When Marshal Long was appointed
Franks held the Office. David Terry had
just been killed for an assault upon Justice
Field at Lathrop, and the trial of United
States Deputy Marshal Maggie was pending
before Judge Sawyer. In order to allow
Franks 10 continue in Office until that
trial should be concluded Long agreed to
allow the United States Supreme Court to
appoint Franks Marshal temporarily,
which was done, and he served TWO
mouths Oh LOuR , lituc.
1t may be, therefore. that IL is now the
intention of Cleveland and Olney to allow
Long two months extra time, and in order
TO do this he will be appuin ed temporary
Marshal for that period, when his sue
cessor will be appointed. The politicians
here do not believe this, however. Franks,
when seen yesterday, denied all knOwl-
edge of any news of any kind from Wash
ington, while Baldwin's friends made the
same claim.
Bald win. himself. has been in Washing
ton for several weeks, presumably repair
ing his fences as rapidly as they were
broken down.
If Franks instead of Long should
be appointed temporarily it will be
equivalent to notice from Cleve-
land to the California delegation that he
intends to make his appointment perma-
nent if possible, for when Marshal Gard
of Los Angeles had completed his term a
few days ago he was promptly reappointed
to serve until new man should be chosen.
At any rate the local Democracy is
worried over the prospects of another row
with the administration, and not a few
say that Cleveland proposes to show
Geary ana others that when they stated on
the floor of the House and Senate at the
time the McCreary bill was up they no
longer had seat at the patronage table"
they voluntarily forfeited all right to
future consideration.
There is one other Office the Democracy
want that has from time immemorial been
governed by precedent. namely, that of
United States District Attorney. The
United States attorneys have always been
allowed to complete their full term of four
yours. Mr.. Garter, the incumbent, did
not receive his appointment until more
than year after his name was unani-
mously recommended by the California
delegation for the fffice. General Carey
hatr. nd 70 FL
1t is generally understood that Judge
McGee. Representative Camnetti's law
partner, will succeed Garter. He and
Garter had an Interview a day or two ago.
and MCGEE wired Caminetti that in case
of his appointment be desired the prece-
dent in the Office maintained, and his sp-
pointment TO date from November 6nex'.
the dale of the expiration of Carriers
commission.
Another thing about the United States
District Attorneys Office that has cooled
the ardor of several lawyers who were af-
ter the place is that the McCreary bill has
impoverished ii as fiat place" The SAL
airy of the United States District Attorney
is only $780, but he is allowed to make by
fees $4,000 Year if he can. and heretofore
the office has always paid it and some
thing extra besides. Most of the money
came from Chinese habeas corpus cases.
wherein fee of $40 in each case and an
auuliIOudl ice VI % per ul6m was allowed
the United States Attorney, provided the
sum total of the fees in sneh cases should
not amount to more than $1,000 quarter,
or $4,000 year. Since the McCreary law
passed the fees from Chinese habeas cor
pus cases have fallen off until last quarter
they did not aggregate $500, or less than
half the amount allowed by the Govern
ment If 1t could be collected, aud when the
McCreary law goes into full effect the
habeas corpus business will cease entirely.
The lawyer with a good practice will
hesitate before giving ii up for a political
position that only lasts four years and
where he has two assistant attorneys and
two clerks 10 pay, besides all his station
cry 10 buy.
Andy Clunie is still fighting for the DO.
sitlon of Deputy Surveyor of the Port,
although Surveyor English told Tom Clu-
ME before he went to Washington that ne
would not appoint Andy. MIR. English
and Tom Clunie are more than mere p0lit-
icai friends, and there must have been
good reasons for English's refusal TO
obligh The man who has stnnd hv hun, hz,