The San Francisco call., 1895-07-16
.SUTRO'S OFFICIAL HAND,
The Mayor Informs Mr.. Corn
wall That His Action Was
Illegal.
The Position of FoSter-WeIlin and
Denman Accepted by the
Democrats.

Mayor Sutro has determined that his ap-
pointee, Samuel Foster, shall remain an
Election Commissioner as far as his power
goes, and he has so officially informed the
executive committee of the Republican
State Central Committee. Last evening
he addressed the following communication
to the chairman OF the executive COM
mittee:
SAN FRANCISCO, July Is, 1895.
Hon. p. B. Cornmou, Chairman Of the E1ecuttve
Committee of the State Central Committee of the
Republican Party-MY DEAR SIR: On July 10,
1895 o note was sent by me to you, acknowl-
edging the receipt of your communication
dated July 9, 1895, conveying the protest of
your committee against the appointment of
Mr.. Samuel Foster, for the reason that he is
snot person OF well-known affiliation and
standing with said party from which he has
been appointed, to wit, from the Republican
party"
The law investing me with authority for the
appointment of Election Commissioners di-
reets that it is severally subject 10 the written
protest of the executive committees of the
State committees.
If such protest be valid, then the statute is
mandatory that new appointment shall be
made by me-.
Therefore, necessarily the legality of the
protest becomes question for my determine
ton.
Being compelled to this consideration there
ity of your protest.
First-Your executive committee consists of
thirty electors. Four of them have informed
me that they were never at any time notified
of the time or place of the meeting of your
executive committee, namely, Tuesday, July
8, 1885, at 419 California street
But the statute certainly eontemplates that
mittee should receive reasonable notice of the
time and place of such meeting for the consid-
ering of the fitness of my appointments.
tI,,a I N Ict oil tn, fI,a
regularity of your procedure.
Second-Two members of your executive
committee, present on the 9th, have informed
me that there were only ten members in at
tendance at that meeting and place.
There was not, therefore, in my judgment,
quorum present such as is required by the
Sections 1918 to 1880 inclusive, approved
March %, 1895, constituting the law relative
to Election Commissioners, ETC., are silent as
to the procedure by which the respective exec
utive committees may manifest their protests
against an appointee for insufficient affliation.
This condition of the law forces me to look
to other sections for the rule Of guidance.
1t is found in section ID OF the Political Code.
II is in these terms: words giving joint
authority to three or more public officers
other persons are construed as giving such au-
thority to q majority of them, unless it is
otherwise expressed in the act giving the au-
thority."
1t, therefore, follows that a majority of thirty,
constituting your committee, should have
been present and voted against my appoint
ment in order to render the same invalid, and
compel me to make new selection.
For the above reasons your protest, filed with
me ON the 10th inst, will be disregarded, and
Mr. Samuel Foster will be recognized by me as
one of the Election Commissioners for the City
and County of San Francisco. Very respect
fully, ADoLPH SUTRo, Mayor.
The Mayors appointments on the Demo-
cratic side of the house have proved to be
satisfactory to the Democratic State Gen.
tral Committee, according to the following
communication, which was received at the
office of the City's chief executives:
STOCKTON. CAL, July IL, 1895.
Adolph .Sutro, Mayor OF San Francisco-DEAR
SIR: Your communication relative to the ap-
pointment of Messrs. p. M. Wellin and James
Denman to tie Office of Election Com mission
ers was received several deys ago, and while
entirely satisfactory to me deem it my duty
to give others opportunity to protest against
their appointment.
This / have done, and there being no objec-
ton, but on the contrary the utmost satisfac-
ton being evident. take this oppor tunity TO