The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-17
THEY STAND WITH GUNST.
AIUOrd and Tobjn Throlc DotCn the Gage
of HG4. to Budd.


ernor Budd. They defy him and propose
to stand shoulder to shoulder with their
newly made colleague, Moses A. Gunst.
The appointment of Stewart Menzies by
Governor Budd and the latter's orders for
the ousting of Gunst from the Police Com
mission have stirred up three hornets nests
instead of one, and Commissioner Tobin is
the most irate of the three.
1t was intimated from Sacramento yes
terday that if Commissioners Alvord and
Tobin refused to recognize Mr.. Menzies as
the lawful Commissioner, to take the place
of Mr. Gunst, Governor Budd would remove
them.
"He can't do it." exclaimed Mr.. Tobin.
"He hasn't the power to do 1t, said Mr..
Alvord.
The two gentlemen in question, when
seen at o'clock last night, had not been
informed of the stand the Governor is be-
ieved to have taken, or, if they had, they
were unwilling to admit it.
Mr. Alvord looked annoyed, but pre-
tended to be amused. He was at first in
clined to treat the matter as a harmless
joke, with a rather dull snapper-end to it,
but when assured that the gubernatorial
words threatening his removal had been
spoken he took the matter more seriously.
For some moments he gazed modify at
the floor of his coy study in his magnih-
cent Broadway home. Finally he said:
at is not within the power of Governor
Budd or any other Governor to remove Mr..
Tobin or me. We were appointed by the
Fourth, Twelfth and Fifteenth District
courts under the old law establishing the
Police Commission of San Francisco.
Since that time the only powers the Gov
ernors have had over the commission have
been to ill vacancies. The Governor has
not the power to create a vacancy. Such
matter would come entirely within the iur
isdiction of the courts. At present there is
no vacancy, and consequently no place for
Mr.. Menzies. So far as 1 am concerned 1
cannot throw Mr. Gunst out of his official
seat. Like the man who was in jail, he's
there He took the oath of office, and
thereby made it possible for us to act on
several important matters that required
official action. Among other things he sat
and acted with us as Pension Commission
ers. He has fully entered upon the duties
of his office There is no charge of evil
doing or malfeasance against him. How
can he be thrown out and the other man
thrown in? can't do it, and 1 don't in
tend to try"
"What will you do in case the Governor
issues a proclamation ordering you to va
cate the Office and declaring a Yacancy?"
was asked.
Nothing, except to go right on and at
tend to my duties as Police Commissioner.
I shall vacate my office under no orders ex-
cept the mandates of the courts having
legal jurisdiction. The Governor can issue
his orders, no doubt, but | for one shall
not obey them. If the courts decide that
Mr.. Menzies is the proper Commissioner
and Mr.. Gunst is not, well and good
That's no affair of mine. would as soon
sit in the Police Commission with Mr..
Menzies as with Mr.. Gunst, but I can't put
the latter out"
Commissioner Tobin was found in smok-
ing jacket and pleasant mood at his resi-
dence, 1922 Geary street. But his good
humor took sudden fight when he was
told of the statement about his possible re-
moval from Office. In fact, he became very
angry and paced the floor with rapid
strides for several minutes before he re-
Iieved his mind with flow of caustic elo-
quence.
Governor Budd remove Alyord and me
from Officer he exclaimed. ''He can't do
it! What sort of Governor is this anyhow ?
Is he a Gar and are we, the people of San
Francisco, his serfs to be kicked hither and
thither at his pleasure? guess not. San
Francisco is practically the State so far as
moral, intellectual and commercial force is
concerned.
"What will be the result of this juggling
with the Police Department? Simply to
demoralize it, disrupt it, break up its pow
er and efficiency. 1t is now one of the best
Police Departments in America. I'll 20
still further and says it is the best of them
ALL Alvord and have spent the best
years of our lives in organizing it, and now
this Governor wants to step in and
break it all up into discord and ruin. Here
we are in the middle of winter The city
is full of criminals who need constant
watching and who are known to the police
and are under constant surveillance of the
entire system. And this Governor Budd
would like to step in, set up new Police
Commission composed of men who know
nothing about the business, and in that
way break up the harmony of the whole
elegant system.
but he can't do it and that's all there
is about it."
With the last sentence Mr. Tobin came
to sudden stop in his walk, thrust both
hands deep in his trousers pockets and
looked defiant.
"What will happen if the Governor
issues an order for you to vacate?" was
asked.
Nothing"
Suppose that the matter is thrown into
the courts-what them"
"Then let the courts decide. shall
obey the mandate of the proper court-not
the Governor. If the courts decide that
Mr.. Menzies is legally member of the
Police Commission and that Mr.. Gunst is
not I shall welcome Mr.. Menzies. But
until that is done l shall recognize nc
other colleagues than Alvord and Gunst
Why, even if the latter were bad man, q
wicked man, he couldn't do any harm SC
long as Mr.. Alvord and / are there"
MENZIES' POSITION.
He Intends to Take His Seat as Polio.
Zee