The record-union., 1895-09-21
LABOR COMMISSIONER FITZGERALD.
Proprietors of Employment Offices Are
After Him.
They Protest Against His Running a
Labor Bureau on Funds OBJ
tanned of the State.

The State Board of Examiners met yes
terday, Secretary of State Brown and
Attorney-Gene Fitzgerald being pres
ent.
The request of the State Bureau OF
Highways for permission to incur 'he
expense of sending one of its members
to the National Road Conference whlcn
meets in Atlanta, Ca, next month"; was
denied.
A communication from five employ
ment agencies in San Francisco was reao,
in which they protested against 1urther
allowances of funds from the State Treas
urv to Labor Commissioner Fitzgerald to
enable him to continue to engage In
business which they claim is not per-
mitted by the statutes which de1ne MS
official powers and duties.
They claim that there is nothing IN the
Act of March 3. 1888, which either ex-
pressly or impliedly authorizes or en-
powers the Labor Commissioner TO con-
duct an employment office or to engage
in the business of an employment agent,
or to maintain, in connection with sucn
an Office, a State Labor Bureau, through
which employment is to be found Tor un-
employed persons.
They deny that there Ia anything in the
Act OF March 5, 1883, or in the amend
ments to the Act passed in 1889. Whlcn
justfes any expenditure of State moneys
on the part of said Commissioner for the
purpose of enabling him to conduct such
business or maintain an employment
Office. The communication goes on TO
say:
I'VE desire to call your attention to the
fact that, Notwithstanding his want OF
authority, E. l.. Fitzgerald, claiming and
pretending 10 act in his official capacity
as Labor Commissioner, has ever since
he entered upon his office conducted an
employment office in the city OF San
Francisco, using the premises occupied
by him as State officer in the conduct OF
said business, and indulging in consld-
erable amount of advertising thereof at
the expense of the State.
"Our attention has been called to GER
tain correspondence conducted during
the past month between MIR. Fitzgerald
and Hon. a. J. Johnston, State Printer,
from which it appears that the Labor
Commissioner has already expended In
advertising his employment agency a
sum far in excess of the amount OF the
fund set apart for the printing of bis Of
fee. Our attention has also been called
to the fact that Mr.. Fitzgerald intends TO
appeal to the State Board of Examiners
for an allowance from the State Treasury
of still further funds to be devoted to aG-
vertisiug what he is pleased TO term his
Free Labor Bureau
1--WE respectfully represent that we are
citizens of this Stale, engaged III the busl-
ness of conducting employment agencies,
upon which we and each OF us pay reg
ular license to the city and county of san
Francisco, and in the conduct of which
we maintain offices and pay for adver-
tisements of our business out of our pri-
vate funds.
I'VE deem it unfair to US. and entirely
improper, that Labor Commissioner
Fitzgerald should, as a State officer, en-
gage in business which competes with
that of private citizens without any au
tnority SO TO do. We ask that your hon.
orable board take cogniZance of this
matter and OF Labor Commissioner
titZgeraId's action in excess OF his
authority as such official, and of his
illegal expenditures of State moneys for
the maintenance of an employment
agency outside the duties of the Office Of
Labor Commissioner and unauthorized
by law, and that his further requisitions
upon the State Treasury for such illegal
purposes be denied"
The communication was signed by
". u. Ever 81 Co., J. K. Crosett Il Co.,
/. Andri, Kate Plunkett and Z. r. Han
sen IL Co.
1t concludes with the following, signed
by r. q. Ward:
Il am not particularly opposed to free
employment office, run by the State, ii
that be the avOwed policy of the State,
properly conducted and authorized by
law"
No action was taken on the communi-
cation.
The claim of Michael and Bridget
Hevey for $4,000 for damages on account
OF judgments rendered by the courts of
the State dispossessing them of part OF
Castro san Pablo Grant, in Contra Costa
County, was rejected on the ground that
* is not g legal charge against the State