The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-24
Numerous Political Appoint
ments Scattered Among
Their Friends.
TWENTY-0NE CHANGES MADE
New Bicycle Order Introduced That
VIII Guide the Scorcher in
Ills Rounds.

flung out OF Office by the Board of Super
vlsors yesterday to make room for as
many of their friends Superintendent
bunker did not occupy his usual place in
the wedge. He voted against the action.
but 1t Is understood he did so simply to
preserve the head OF a relative in the
County Clerks office. His vote was not
needed on the record, so his coworkers did
the hacking at other heads and allowed
him to devote his attention to the protec-
non OF bunker head. About eight Demo-
Gratis were allowed to get in on the deal.
Mayor Sutro presented his expected
veto of the So % tax levy, and, as was ex-
pected, the Solid Eight simply ignored it.
They appealed from his rulings to them
selves and did pretty much as they pleased,
The resolution ousting the twentv-one
employees provided that they shall retire
on October l, and that their successors
shall take their places on the same date.
The "Outs' and the ''ins'' are as follows:
Janitor County Clerks office, P. H. Kerrigan
removed, Thomas Caveny appointed
Janltor surveyors office, E. Dennis out, w.
4. Adams appointed
JanitOr Superior Court, department l. /
Green out, Chauncey F. Cooper in.
Janitor OF Superior Court, department 6,
Frank FTayne out, Dennis Coleman in.
Jaultor Department 8, Fred Jackson out
Thomas C. Wilson in.
Department - ianitor, A. Nagle out, Dennis
Sullivan in.
JanitOr Law Library, F. J. PendergaSt ont
Alfred c. Nagle in.
Janitor City Receiving Hospital. F. S. O'Con-
nell out, Jack Hoey in.
JanitOr outside entrances New City Hall
William Holland out George Lynn in.
Janitor Police Courts 2 and 3, J. ]. Powers
out, Bernard Gilleran in.
JanitoT Police Courts l and 4, J. Watson ont
William F. Kelly in.
Engineer Fourth-street bridge, Frank Nc
Dermott out, Henry Healey in.
Messenger and j6nitor Justices court Louis
atTohl out, James Taylor In.
Night watchman new City Hall, John ].
Prendergast out, Charles Meyer in.
Gardener Portsmouth square, Thomas Jack
son out, Dennis Dowd in.
Gardener Union square, Andrew Caravan
out, H. Marks in.
Gardener Washington square, Joseph Merans
out, Joseph Spoon in.
Bridge-keeper Fourth-street bridge John
Carson out, Thomas B. Doan in.
Brldge-keeper Sfxth-street bridge, W. O'Leary
out, Herman kim in.
Driver Of police patrol-wagon, B. Conlan out,
John DOnahue in.
Driver of police patrol-wagon, James Hynes
out, ]. Dewitt in.
On the original draft a. Coleman was
down for surveyors janitor. He was
scratched for W. a. Adams. Ralph Cohn
for the place of gardener of Portsmouth
square was scratched for Dennis Dowd
There was a strong fight to GUST Jack
Hoey from the place of janitor of the City
Receiving Hospital. Supervisor King
threatened to pull out of the com bination
II this were done. As Supervisor bunker
was out by consent, the others could not
afford any such detection. and Supervisor
King was allowed TO have his way.
The big crowd in the galleries craned
forward when the resolution was read.
Supervisor Benjamin moved it's adoption.
Supervisor Spreckels asked for the roll
call.
81 amend that the whole matter go over
one week, interposed Supervisor Dimond.
1--WE ought to ascertain why these whole
sale changes are being made. The other
side has made no explanation for this ac-
ton. Surely in justice to the men ousted
some examination ought to be made.
Can't the gentleman from the Sixth (Su-
pervisor Hughes) give US some reason for
this changer
Supervisor Hughes-Oh, I'm not called
on to act.
"Who introduced the resolution 2' de-
manded Supervisor Spreckels.
Supervisor King" returned the chair.
"Then l suggest that Supervisor King
give reason for this change" continued
Supervisor DimOnd.
But Supervisor King looked shy, num-
bled something and resolutely kept bis seat.
The amendment to postpone the matter
one week was lost by vote of to 4.
Noes King, scully. Benjamin, Hirseh,
Hughes, Morgenstern, Wagner.
Ayes-Dimond, bunker, Sprecke!s, Taylor.
Absent-Hobbs.
The resolution was carried by the same
vote, and the crowd in the galleries filed
out into the big corridors to discuss the
situation.
Mayor Sutro's attempted veto of the 50 25
tax levy read as follows:
To the Honorable the Board of Supervisors
GENTLEMEN; On September z, 1895, your hon.
orable body passed to print order providing
revenue for municipal purposes for the fiscal
year ending June 80, 1896, fixing the rate at
81 .567 and apportioning it 70 the thirteen If
ferent funds, as required by law.
At the completion OF its publication in the
newspaper such order again came before your
body for action, and on September 10, 1895, in
oDen session il was finally passed, the rate be-
ing fixed at 81 sos, and myself presiding over
your deliberations. In my opinion the above
order comes now before me as Mayor Tor con-
sideration. 1t is understood that my Conten-
ton as to my right for approval or veto is de-
MED for two reasons:
First-The language that has been used to
express the sanction of this body is as follows:
latter having been published five successive
days, taken up, amended ana adopted by the
ton act says: every such ordinance refer
ring to the tax levy, etc ], after the same shall
pass the board, shall be presented to the
Mayor" ETC. Now it is stated that this body
can by the use of the term adopt defeat the
exercise OF the Mayors veto. In other terms,
bv the jugglery of words the same Identical
action may be differently characterized as to
its ultimate effects. Is not the action OF the
board the same whether expressed by the term
adopt or pass?
The Lexicon defines the word "adopt" as
follows: "To take, to select" and the word
"pass" as $50 be enacted, to receive the sane
ton of a legislative body" In either case the
logical and ultimate fact is that the sanction
of the legislative body is expressed. The law
regards subs lance not form.
The rule is laid down IN Creight ton vs. NAH
son, decided January, 1865, and relating 10
street assessment in this City: "The 1nstru-
ment containing the expression of the legisla-
tive will need not necessarily be in the usual
form of q municipal ordinance and be pre-
ceded by the words Be it enacted ETC., but IL
NAV Properly be, as in this case. in the form OF
a resolution; but whatever its form 1t amounts
in substance TO an ordinance and must De
passed IN the mode prescribed for the passage
Of ordinances"
In this connection it may be noted thatat
the same session in which the order under
consideration was sanctioned an order
levviug assessment for the payment OF Dupont
street bonds, and an order leyylng tax OF
SO6S5 for State purposes, were finally passed
and were regularly presented to me for my ap.
prevail and received my signature. In eaeh OF
these three cases it is ident1cauy the same
legislative action, and the same process OF col
.1aotsor no nsed in each and con-