The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-17

committal, but Tobin was outspoken and
plainly told the candidate that there was
no vacancy for him to fill. The latter
attorneys, however, assert that there IS
and, acting on their advice, the newly
appointed Commissioner will present his
credentials at the next meeting of the
board and will demand to be seated. He
expects refusal, and in consequence is
making all his preparations to carry the
matter into the courts.
During the chat that Tobin and Menzies
had yesterday afternoon the former adj
vised the latter to study the decision of the
Supreme Court in the case of Hinton VS..
Hammond. Hinton was appointed Police
Commissioner to succeed General Ham
mond by Governor Waterman. Hammond
would not vacate and the Supreme Court
held that since the abolition of the old
District courts and the consequent vesting
of the appointing power in the Governor
the Office of Police Commissioner was con-
ferred for life. Menzies is not dismayed
by this decision, and asserts that he can
put up case that will bring forth an en-
tirely different decision from the Supreme
bench.
When seen by CALL reporter yesterday
Mr.. MenZies had Just returned from con-
sultation with his attorneys and his formal
calls upon Messrs. Alvord and Tobin.
''The friends of Ex-Governor Markham and
| Mr.. Gunst contend that am ineligible be-
cause 1 have been elected a Freebooter, y
said he when questioned on the matter.
/ 1.-THE Governor, Attorney-General and my
| lawyer are all satisfied, however, that am
| not disqualified, SO l am paying no atten-
! ton to what the other side has to say.
Commissioner Alvord was the first
member of the board that I called upon.
He was undecided in the matter, but
seemed disposed toward recognizing me as
the proper man to fill the vacancy. The
difficulty with him was the fact that Mr..
Gunst had been sworn in and had sat as a
| de facto member of the board.
Later 1 called upon Commissioner
| Tobin, and he was plainly against my TAX
| ing my seat as a member of the board. In
! fact 1 may say that Mr.. Tobin is opposed
to me, and that L will never become a
! Police Commissioner if he can help it. 4
cannot recognize you, Mr.. Menzies, said
| he. There is no vacancy to FILL and there
fore your appointment is null and void.
/ He then drew my attention to the case OF
! Hinton VS.. Hammond, but L only laughed.
/ That case was presented to the Supreme
Court in very weak manner. 1 will have
some Of the strongest and ablest attorneys
in the city to present my case, that is if it
ever reaches that stage, and am confident
that different conclusion will be reached. "
"What will be your first move, looking
toward the securing of your seat, Captain
| Menzies?"
81 will attend the next meeting of the
Police Commission, present my creden-
tails and demand to be seated as the sue
cessor of Colonel Dan Burns. If am
refused, as expect to be, 1 will gracefully
retire and at once prepare to take the case
into the courts. That is just how matters
stand at present, and 1 don't think there
will be any new developments before next
Monday night. when the commission is 70
meet"
Captain Menzies appears very sanguine,
and is fully determined to fight it TO the
end. Had Commissioners Alvord and
Tobin recognized my credentials" said he
in parting, 'that would have thrown the
/ burden of the fight upon Mr.. Gunst; but
as President Tobin is openly against me,
will have to take up the gauntlet"