The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-16

together within 10 days after the passage Of the
act, aud as often as shou d be n scessarv, and
choose three cit zens oil said city and county,
househoders OF good repute without respect to
their podtic1, who, together with the chief OF
pol should constitute the board of police
com m issioners of said city and county.
The act likewise provided that "all vacancies
shall be filed by the aforesaid judges making
the appointments This act Wa' passed and
went into effect before the adoption of the new
constitution. In 1879 the constitution
was adopted. By it the several district courts
OF the state were abolished and there cea.ed to
be any judges of the Fifteenth Twelfth or
Fourth Judicial districts. Henc', with the
adoption of the new constitution the appoint-
ing power desi siglAted by said act of April 1,
1873, ed to exist.
III act In question did not fix the term of Of
fee of the police commissioners to be sppoint-
ed hereunder, hence under the old constitu-
ion. as well under the new, The police
commissioners SO appointed under the act held
ONCE ONLY during the pleasure of The authors
ty making the appointment" Constitution
1S49. section Z, article XII; constitution 1879,
section 4, article XXX
| The said act of Apyil !, S7S. became part
| of the charter of he city and county Of san
| francisco, and will remain such until San
Francis CO secures for itself n new charter IN
| People vs.. Hammond &C California. page 654.
| 1t was held that unless there was vacancy the
| governor had no power or authority to appoint
| police commissioner for San Francisco, since
under the said act of April /, 1873, the original
| appointees held until their successors were
appointed and qualified. But as the, appoint-
| ing power nader that ct vested in said
| judges and as they had ceased to be, there was
no authority to remove a commissioner ana
appoint another in his cad: con iequently in
| III case of People VS. Hau mond no vacancy
| existed.
But when a vacancy occur, as by death or
, resighation, then. II there is no person desiR-
mated by statute to make the appointment or
| I'LL the vacancy, the power to do so II 1t exists
| at all, resides IN the governor who, IL he may
| appoint 3 police commission for San Francisco
| at all. can only do after the vacancy has
been brought about IN the original appoint
ments.
1t was becalse of such vacancy that Governor
| Markham appointed Dan Burns, and Nose
| Gunst, upon the resignation oil Mr. Burns. In
such case the governor becomes the authority
| by whom the appointment is mace and as the
| said statute OF April /, 1873. did not fix any
term during which the commissioners therein
| provided for should hold offire, and as the con-
| stitution tsectioa l6, articeXX) expressly pro.
| yides that II no term OF on Ice as commissioner
| il declared by law "such officer or commis-
| sioner shall ho his position as such odfcer or
! commissioner during the pleasure OF the au
| thority MAKING tue appointment" 1T follows
that Mr. Nose Gunst holds his Office during the
| pleasure OF the governor; and as the present
governor is made of different clay from the ate
| lamented mbent, we may expect tbs CUB
ernato-ial pleasure TO come TO an early end.
On Januarv 10Th Governor Budd re-
moved NJ. A. Gunst from the office 0f
police commissioner OF San Francisco.