The morning call., 1895-01-17
MAY DISMISS BOTH.
Budd and the Police
Commission.
TOBIN And ALYORD SHAKY.
Must Recognize Menzies and
Repudiate GunSt.
OR THEY MUST STEP DOWN.
OR THEY MUST STEP DOWN.
Clear IntimatiOn From the States
Chief Executive.
WARRANT IN Law FOR THE STEP.
Apparently the Governor Has Been Ad.
Vised That He Can Remove the
Entire Police Commission.

| SACRAMENTO, Jan. 16.-Does Governor
| Budd intend to make clean sweep of the
Police CommissionP 1t looks so. The
gossip among the legislators to-day is to
| the effect that Governor Budd is prepared
| to remove Commissioners Tobin and AL
word if they refuse to recognize Stewart
| Menzies as a third member of the board, in
place of Nose Gunst, and that certain con-
| tingencies may arise which may lead to the
removal of the two old Commissioners and
| the appointment of their successors, regard
| less of what action they may take with refer
ence to Mr.. Menzies. Governor Budd was
asked this afternoon if he had heard from
| Commissioners Tobin and Alvord as to
whether they would recognize Mr.. Menzies
as member of the board.
''They have not signiied what course
they intend to pursue, replied the Gov
ernor. 81 have heard no word from them"
"Will you remove the old Commission
ers if they do not recognize Mr.. MenziesP"
was asked.
Governor Budd smiled. ~ would not
like to answer that question, he said, but
if an answer can be framed from his man
ner instead of his words it was a most de-
cided affirmative. The Governor would
not authorize a denial of his intention to
remove the two old members of the board
in the event of their refusal to accept and
recognize the appointment of Mr.. Menzies.
Neither would he make direct answer to
the question of whether he intended to re-
move these officials in any event. Those
who claim to possess more than the sur
face knowledge of the doings of the execu-
tive department declare that Alvord and
Tobin are to go. 1t is claimed that the
Governor has ample legal power to make
the removals, as since 1890 the appoint
ments have been purely executive. Both
Commissioner Tcbin and Commissioner
Alvord hold Office by executive appoint
ment. They were named for the place by
Ex-Governor Waterman and filed their
bonds and their official oaths during his
administration. These facts, it is claimed,
nullify the original appointments. When
decision of the Supreme Court was
awaited in 1890 in the matter of the
Police Commission, Messrs. Tobin and
Alvord, perhaps to forestan an un-
favorable opinion from that body as
to their terms of Office, accepted appoint
ments from the then Governor. The rec
| show that commissions were issued to
Richard P. Hammond, Robert J. Tobin
and William Alvord on July H. $780, that
| they filed their oaths of Office and their
bonds on July IA and July II, 1890, respec-
lively. Page 42 of a volume in the Gov
ernor's office entitled Executive Depart
ment," under the heading of "Police
Commissioners for the City and County of
| 49, 4l,o+D oI0o o,-I
mond, William Alvord and Robert J.
Tobin were appointed Police Commission
ers on July IL, 1890, and that D. NJ. Burns
was appointed on December 3, 1891. 1t shows
that all but Burns qualified July Ia, 1890,
Burns qualifying December 4, 1884, as the
| successor of Richard Hammond, deceased.
Further down the page shows the resigna-
ton of D. NJ. Burns and the appointment
of M A. Gunst the dismissal of the latter
and the appointment of Stewart Menzies
as his juccessor. When will the next re-
movals be made? is the question now.
The current rumor tonight is that if the
Governor removes the old members of the
Board of Police Commissioners he will ap-
point in their stead ex-Mayor Pond and
ex-Mayor Ellert which, it is urged, would
give the board sort of political balance,
Pond being a Democrat Ellert Re-
publican and Menzies Democrat with
| independent leanings. Governor Budd,
when he appointed Stewart Menzies, de-
| clared that ex-Mayor Pond was an equal
choice for the place in his estimation.
Attorneys are now ascertaining the status
of the members of the Board of Fire Com
missioners at the Governors request.
Three of this board are named by the
Supervisors of San Francisco and two by
the Governor. 1t may be that the Gov
ernor contemplates the removal of those
who hold office through executive appoint
mentS.
There are five Port Wardens, whose
terms expire within a short time and
whose places will be filed by the Governor.
The Port Wardens for San Francisco and
the length of their terms of Office according
| to the blue-book are: Samuel K. Thornton
of San Francisco, whose term expires in
January, 1896; B. J. Watson of Nevada,
whose term expires in March, 1895; John
W. Gage of Alameda and A. J. Martin of
San Francisco, whose terms expire in
March, 1895. John Dillingham; is the Port
Warden at San Diego, and his term ex-
pires in December, 1895. The executive
records do not agree with the blue-book,
as they show that some of these officers
hold until 1896. Governor Budd said to-
day that there would be one vacancy
among the Port Wardens in March, which
he would fill then.
1t seems, however, that the Blue Book Is
right and executive records are wrong.