The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-19
--LATEST OAKLAND NEWS,
The Mayor ReVokeS His APP
pointments on the Board
of Health.
FOUND TO BE INELIGIBLE,
The Southern Pacific Company
Raises Some New Points in a
Stop-OVer Suit.

When the Mayor took office he appointed
Drs. Shuey and Beckwith, expecting that
the patronage of the board, which consists
OF number of lucrative offices, would be
dispensed with some regard for his wishes
in the matter.
AT first the board seemed to be willing
to do the Mayors bidding, and Secretary
Paul Schaffer was replaced by E. w.
Thurman, friend of the chief executive.
There the obedience stopped, however, for
at the last meeting of the board the mem
bers kicked over the traces entirely and
made such havoc with the positions under
their control that the Mayor, who was
enjoying himself at Santa Cruz, hurried
back from the seaside to stem the tide if
possible. Through the change of heart on
the part of Drs. Shuey and Beckwith
Paul Schaffer was returned to his position,
and S. s. Smith, the sanitary inspector,
whom Mayor Davies particularly desired
removed, was reapppinted.
When the Board of Public Works met
yesterday the Mayor surprised the physi-
clans by revoking their appointments,
basing his action on section POI of the city
charter, which reads as follows:
The Mayor, members OF the Council, Auditor,
>
missioner of Public Works, School Directors,
members of the Board of Health and Health
officer must each at the term of their election
OF appointment have been citizen OF the
United states and a resident and qualified
elector of the city for three years next proceed
ing their election or appointment.
Soon after his return from Santa Cruz
the Mayor made the discovery that neither
DR.. Shuey nor DR.. Beckwith possessed the
necessary qualifications and that his action
in appointing them was Illegal. Hence he
made haste to revoke the appointments.
The Mayor makes no secret of his hope
and belief that Secretary Schaffer and
Sanitary Inspector Smith will be ousted on
the grounds that the body which appointed
them was Illegal, and therefore that they
are not qualified TO act
Smith offered to file his bond with the
Mayor yesterday. but the latter refused to
acknowledge him as the Inspector. 1t is
believed that the members whose appoint
ments were revoked will not give up their
offices without struggle, and that the
Board of Health may follow the Board of
Public Works into the courts. DIR. Miss
Shuey is out of town, but is expected back
to-day.
Defense on Stop-Overs.
In the suit of W. II. Paxson against the
Southern Pacific Company the defendant
has raised some new points to protect it
self against the attacks OF those who sue
on tickets where a stop-over in Oakland
during the trip from San Francisco to Ala
media is denied. The railroad in its brief
makes tfe following points:
First-Efhat Oakland being all one station,
and Alameda being all one station, there can
be no intermediate station between the two,
since they are separated only by an imaginary
line.
Second-That the plaintiff if he has any cause
of action mistook his remedy by bringing his
action under the wrong clause OF section 49o
OF the Civil Code.
Third-That the plaintiff is not bona-fide
complainant because he knew and deliberately
committed the act set out in the complaint.
The plaintiff denies all these allegations,
and the defendants have been allowed ten
days by Judge Ogden TO file their final
briefs, when the case will be decided.
Paxson sued for $500 as damages for being
refused stop-over privileges.
DR.. Coles Sister Buried.
The funeral of the late Mrs. Henrietta
H. Marshall, sister of DIR. r. Beverley
Cole, president of American Medical As
ISOLATION, took place from her late resi-
dence, 1915 Webster street, yesterday after
noon. The floral decorations were par
ticularly noticeable. Beautiful designs
A. ]. Ralston. Miss Claire Ralston, Mrs
Elizabeth Van Wrinkle, Mrs. Roland g.
Brown, Nine. c. Sourdry and Miss Bray
ton.
The services were conducted by Rev. Mr..
Richie of ST. Paups Episcopal Church,
assisted by. Rev. DR.: !Akerly. The inter
ment was in Mountain View Cemetery.
The pall-bearers were ]. West Martin,
Chauncey TAYLOR, Captain Rogers, e. H
Marwedel, Fred NJ. Campbell, A. J. Raj
ston, Dr. Woods, U. S. N, Judge Stanly
and Professor Frank Soule.
Policeman McCloud Dismissed.
The Board OF Public Works sitting az
Board of Police Commissioners dismissed
Policeman William McCloud from the
was dismissed were brought by Chief of
Police Schaffer and included insubordina-
ton and inefficiency.
The resolution authorizing his dismissal
recited that none of the charges had been
proven except that of visiting public places
while on duty, and it was on this ground
that his services were dispensed with.
This was McCloud's fourth trial before the
board, the charges emanating from the
Chief in each instance.
Funeral of Mrs. PuIIen.
The funeral of Mrs. Charity Pullen was
held yesterday afternoon from the resi-
dence of her daughter, Mrs. J. w. Lay
nance, 1853 Fifth avenue. The interment
was in Hollister. Mrs. Pullen was the
widow of the late George Pullen and
mother of Mrs. ]. Tyrrel, Mrs. W. FL.
PulIen. The deceased was born in New
York State eighty-four years ago. She
came to Oakland in the early fifties, and
was, with her husband, the founder of the
First Methodist Church in Oakland.
C. r. Benefits Case.
Yesterday afternoon arguments were
heard in the case of G. r. Bennett upon
the issue of ''twice in jeopardy" raised
upon a motion to set aside the verdict.
Benefits counsel lays particular stress
upon the point that after man has been
found guilty of assault with a deadly
weapon on the first trial he conld not be
convicted on subsequent trial of the
more serious offense of assault to murder
in the same case.
Will of Ex-Mayor Andrus.
The will of the late ex-Mayor W. R. An
drus was filed for probate yesterday after
noon in the Superior Court. The value of
the estate is $500. To the widow of the
deceased is given the homestead on Tenth
street, and the residue of the estate is
divided equally between the widow and
mother and father of the deceased.
MangIed in the Switch.
John J. Smith, switehman residing at