The morning call., 1895-03-04
GOVERNOR BUDD
AND GUNST.
THE EXECUTIVE INSISTS
ON HIS RIGHT OF
REMOVAL.
BELIEVES THAT JUDGE SANDERSON
ERRED IN HIS DECI-
SION.
OPINIONS OF LAWYERS.
A BILL PENDING IN THE LEGrSLA-
TURE THAT WILL SETTLE
THE MATTER.

SACRAMENTO, March 81 have no more
doubt of my right to remove Mr.. Gunst
from the Police Commission than I have
of my existence" is the way Governor
Budd comments on the decision of the Su-
rior Court.
"Of course" he said, 1--WE all acknowl-
edge that Judge Sanderson is a very able
jurist. Yet there are other Judges who
are, to say the least, no less able, who as
sert positively that his position is unten-
able.
There is no more profound lawyer in
the State than Attorney-General Fitzger-
aid, who was formerly Justice of the Su-
preme Court. He afirms my right to re-
move Mr.. Gunst. Judge John Curry, an
ex-Chief Justice of the supreme bench,
takes the same position. Other eminent
attorneys have assured me that my action
in regard to the police commission was
warranted by the law"
Governor Budd is certain that Mr. Gunst
will eventually be removed. He bas not
seen Attorney General Fitzgerald since the
decision was rendered, as the latter is in
San Francisco and will not return until to-
morrow morning. He asserted positively,
however, that the case would be appealed
to the Supreme Court.
at is against the spirit of our constitu-
ton to take from any portion of the body
polite the right to manage its local gov
ernment as it sees fit" explained the Gov
ernor, ''and besides, the people are op-
posed to appointments to patronage offices
for life.
"The Police Commissioners were ap-
j H. IL IL
mission in 1878. Since the passage of the
new constitution this commission passed
out of existence. Two of their appointees
still remain in Office. / think / have the
right to remove them too.
''As for Mr.. Gunst he was appointed by
| the Governor. Men whom the Governor
appoints the Governor ought to be able to
remove. l am sure that in the Supreme
| Court this will be given as the fact.
eff the Superior Judges are going to get
behind the old Supreme Court decision in
the case of the People vs.. Hammond, it
was time the law was changed. This case
arose from desire of the chief executive
at that time to appoint Mr.. Hinton to
Hammond's position.
"The Supreme Court decided that the
| Governor could not remove Commissioner
Hammond because that official was ap-
pointed by the Commissioner of the Dis
trict Court, and hence was beyond the
| Governors jurisdiction"
A bill is now pending before the House
to effect that very purpose. This is As
sembly bill $50. 1t has passed it's second
reading, and tomorrow it will be made a
special order, and considered before the
regular file is passed.
| The portion of the bill that will effect
| the Commissioner is section II. This pro-
vides that vacancy exists in any appoint
ed office, board or commission whenever
the person, court or commission authoriz-
| ing the appointment has ceased to exist"
| The Police Commissioners were ap-
| pointed in 1878 by the three Judges com
prising the old District Court Commission.
This commission has been out of existence
for some time. An effect will be made ia
rush the bill through the two Houses
| If it passes then Commissioners Tobin
and Alvord can be removed, since they
were appointed by the District Court Com
mission, which no longer exists. If q
change is made in the laws it will have tc
be made within week or two. The bill
will be at once forwarded to Governor
Budd. He is deeply interested in the mat
| ter and will sign it at once,