The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-12
The Mayor Refuses to Turn
Down Election Commits
Sioner Foster.
A NEAT POINT OF LAW NOW.
He Says That the Action OF the
State Central Committee
Was Illegal.

Mayor Sutro has thrown the gauntlet to
the Republican State Central Committee,
and has refused to turn down Samuel Fos-
ter whom he appointed as one of the four
Election Commissioners. His reasons for
refusing to withdraw his appointee are
that he thinks that he is good man for
the place; that those who condemned him
did not represent the voice of the State
Central Committee, and that they had no
right to reject his name.
The law says that the State Central Com
mittee shall have the power to accept or
reject the men of their party named by
the Mayor. When Mr.. Foster was named
P. B. Cornwall, chairman of the Republi-
can State Central Committee, said that the
power to accept or reject was in the hands
of the executive committee of the State
Central Committee, but this conclusion
was found to be hasty one. The commit
tee of the whole thought otherwise and so
acted. 1t was soon learned that Mr.. Eos
ter was persona non grata to many OF the
members, much to the indignation of his
friends and Mayor Sutro.
The Mayor, in refusing to appoint sue
cessor to Foster, introduced a neat point
of law. He says there was not quorum
present at the meeting at which Foster
was rejected. There may have been
quorum present, as far as the transaction
of any ordinary business is concerned, but
not for action on the appointment OF E!ec-
ton Commissioners. When acting on that
question Mr.. Sutro and his secretary, Tay-
lor Rogers, argue the committee is State
body and must conform to the laws gov
erning such bodies. One of the laws is
that a quorum must consist of majority
OF the members of said body, and it is on
this point that the Mayor declares that
the rejection of Mr.. Foster was illegal. A
quorum was present as far as the State
Central Committee was concerned, but not
as a State body.
The result will probably be an action to
mandamus the Mayor to appoint another
Commissioner.
The protest of the executive committee
of the Republican State Central Commit
tee against the Mayors nomination of
Samuel Foster as Election Commissioner
was still the talk among Republicans
yesterday.
The proceedings were taken in execu-
tive session, hence there was a general
desire to know how members stood.
THE CALL ascertained from an authentic
source that the vote was recorded as fol-
lows:
In favor of the motion to protest-Corn-
wall, Cooney, McQuaid, Kerr, Sonntag.
Against the ACKNOWLEDGEMENTS, Dodge,
| Dennery, McNab.
Excused from voting-Asa r. Wells.
1t was supposed when the meeting was
/ called that Mr.. Cornwall favored the con-
| firmation of Mr.. Foster. but his opinion
was probably changed by the evasIve an
swer to the direct question as to whether
the nominee voted the Republican State
ticket at the last election.
When the opponents of Foster disclosed
their strength in the meeting, his friends
| wanted an adjournment to some other day.
This proposition was voted down, and also
motion to adjourn until o'clock of the
same day. Then it was proposed to send
for Foster, but that proposition was like
wise rejected.
Henry l.. Dodge maintained that If
Foster voted against Estee he meant by so
doing to express his dislike of Dan Burns,
and that the act should not be regarded
as disloyalty to the party. He classed
Foster as an independent Republican.
Mr.. Sonntag was afraid that the same
independence might be again manifested if
Foster should be chosen Election Commits
sioner, and it might be directed the second
time against the next nominee OF the party
for Governor.
Montague spoke highly of the mercantile
standing of Foster, and was quite well sat
isfied that he would perform the duties of
Commissioner in proper manner.
Among the candidates highly Endorsed
for Election Commissioner is III. S. Mar
tin, "a man of means and good Republican.
His friends assert that the Republican
State Central Committee would take pleas
ure in confirming his appointment.