davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
MIX POPPER,s REVENGE.
He Is Camping on the Trail of INDY
CIuHie.

10 OUHtp0y Ob 1e6 LTUtC VI <1JtUD
CIuHie.
SACRAMENTO, Jan. 15.-If Clunie is to sue
ceed Evans as Registrar of Voters for San
Francisco he must fight for the place.
The proposed appointment of Sam New
man as secretary of the Board of Rail-
road Commissioners shows that he is fight
ing with discretion. 1t is known that
Clunie was determined to have Sam New
man for his chief deputy and it is equally
well known Governor Budd has opposed
this proposition.
When A. Rodgers and ex-Mayor Pond
came to this city to urge the Governor not
to appoint Clunie and the latter held a con-
ference with the Governor at the residence
of Mayor Steinman, as was announced ex-
clusively in The CALL, Clunie determined
to checkmate their purpose by an heroic
measure.
He consulted with his brother, the ex-
Congressman, and together they called on
Governor Budd the next day. After this
interview with the Governor Clunie
seemed more hopeful than ever, and it is
pretty well assured that at the interview
Clunie agreed that if he was made Regis
trar Sam Newman should not be his
deputy
Since then Sam Rainey, who is here in
cidentally, lookedd over the registrarship
fight while attending to a number of other
little matters which he has in hand. To-
night plans to defeat Clunie, if that can be
accomplished, are formulating. 1t may
lead to combination of all the other can
didates against him.
Richard Hammond came up tonight.
He is making quiet fight for the place,
but says he shall make no personal appli-
cation to the Governor for the appoint
ment. 1t is he whom ex-Mayor Pond and
Arthur Rodgers suggested for the place.
Hammond was classmate with Budd and
was born in the same town. He is friend
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
PRICE FIVE CENTS.

act. By the constitution of 1879
the old District courts were abol-
ished, and a new judicial system was
established with no specific provision for
the exercise of the powers imposed upon
the Judges of the District Court by the act
OF 1878. As consequence Justice Myrick
held that the Governor had no power con-
ferred upon him to appoint, and that
Hinton was not entitled to the office.
In his concurring opinion Justice Sharp
stein said: ''The power to appoint Police
Commissioner is not directly conferred on
the Governor. Therefore he could not APP
point a successor of such Commissioner,
and the incumbent must continue to dis
charge the duties of his office until his sue
cessor is elected and qualified
"Under such circumstances it had been
repeatedly held by this and other courts
that there can be no vacancy, because the
law declares that the incumbent must con-
tinue to discharge the duties of his office
until his successor is elected and qualified.
The incumbent has no right to deliver the
office to any other but a successor so elected.
''In case of the death, removal, or resigna-
ton of an officer, a vacancy occurs which
the Governor may fill by appointment un-
less the law provides some other way. But
the bare expiration of a term of an officer
does not create a vacancy, and until there
is vacancy the Governot has no power to
appoint any to an Office unless such power
is expressly conferred upon him"
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

down and to name Flynn as Registrar.
Max Pepper came with them.
In addition to supporting Flynn as a
brother Iroquois and as a friend, hatred as
well as friendship inspires the action of
Pepper. He it was whom Clunie assaulted
so vigorously in print. Pepper has never
forgiven Clunie for the charges brought
during the last campaign, which resulted
in his resignation from the Craftsmanship
of the Democratic General Committee and
temporary retirement from politics.
SACRAMENTO, Jan. 1.-THE conference of
J. V. Coleman, L. V. Merle, NJ. F. Tarpey
and Max Pepper with Governor Budd, in
the interest of J. J. Flynn for Registrar, at
the Western Hotel lasted until about 2
o'clock this wednesday, morning.
All of the arguments against the appoint
ment of Clunie were gone over at length.
Coleman asserted that such appointment
would seriously divide the Democratic
party in San Francisco. Tarpey spoke at
some length, and his opinions were backed
up by arguments from Pepper and Merle
1t was urged against Clunie that he was
too aggressive, that he was young and not
conservative enough for such position,
and in addition to this the old argument
that Clunie was a friend of Buckley was
put forward with renewed energy.
Governor Budd weighed the arguments
which were advanced at the conference in
his rooms. The result is that Flynn and
Sam Braunhart will have conference with
Budd to-day.
A. T. Vogelsang, who has been here
some days. is the dark horse now in the
race for Registrar. 1t is claimed that
Clunie still has the best chance for the
place. 1t may be that Pepper, if Flynn's
oh ranoc rxrn no rrrill C1lrnrnnrt Han,
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

our modesty so much sooner will we be
running boats to Redding. Judge Way
mire has introduced concurrent resolu-
ton in the Assembly asking Congress for
an appropriation for the improvement of
the Sacramento River.
"He fixed the figure at 100000. saw it
and told him to raise it to 81, 100000. At
first blush that seemed quite sum, but
when l explained that the traffic on the
Sacramento River foots up an annual sum
of $50, 900, ,000 while that of the Mississippi
is but $21 200, 900, he thought the single
million needed to put it in navigable order
was altogether proper. These comparisons
between the Sacramento and Mississippi
are little startling to those who have not
studied the matter, but have studied it
and the figures are correct.
"Now," continued the Senator, 1--WE in
tend to take aggressive action to secure
something Of our rights this winter. We
shall call caucus of the river and harbor
men in both Houses, come to an under
standing of what is really needed in re-
gard to our waterways and take such &C
ton as we deem advisable to secure it.
With regard to the Sacramento River, ]
have only to say that 5000 cubic inches of
water pass Redding every second at its
lowest stage.
"Any other river in the East with half
that volume of water readily secures all
that is needful to open it to navigation.
When it is understood, and may say that
very few even of well-informed Californians
really do understand that one of the largest
and best iron deposits in the country the
best and biggest copper deposit, unlimited
lumber, rock and other valuable and
weighty commodities are waiting upon
cheop transportation to be released, then
we will get the appropriation, but not even
then without fighting for it.
"Now have made the fight for the chair
manship of this committee and got it, and
will go to Washington with the pres
tige that it will give me. I know that the
man in charge, as engineer, for the United
States, of the rivers and harbors of Cali
fornia, Major Heuer, is really against our
interests. He put in an estimate for the
requirements of the river of $35,000
What do you think of that? 1t will eat
up S., 900 to cut draw in the bridge at
Red Bluff, which he allowed to be built,
unlawfully obstructing navigation.
"Fresno, you know is spending $10,000,-
COO to build canal thirty-six miles long
to the sea. Here we have waterway 425
miles long, which for $1O,O00,0O0 could be
made navigable to Redding. The caucus
of this Legislature which will fortify the
committee of the California river and har-
Dor convention to be sent to Washington
will secure the sum if possible"
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
SENATE COMafITTEEs.
Vitb Lot of Neto Bills Introduced By
the Senators.

With Lot of NetU Bills Introduced by
the Senator's.
SACRAMENTO, Jan. 15.-Until a late hour
tonight the small army of clerks in the
Senate chamber were struggling to get out
from under the avalanche of bills that came
down upon them to-day. The Senate met
at 10 O'Clock in the morning, and after the
standing committees had been appointed
the introduction of bills was declared in
order. It was at 1870 that the storm
began. From that hour until 1890 the
bills rained in without cessation. When
the noon recess was ordered seventy-one
bills had been introduced and read by
again at 80 and again the bills began to
pour in. When final adjournment was
taken at 2:50 P. NJ. there were 209 new bills
on the clerks desk, enough to keep the
State Printer busy for a week. Another
Just such storm of bills will probably
come down in the Assembly tomorrow,
much to the satisfaction of the many
idle printers who are here seeking work in
the State Printing Office.
Besides the bills introduced in the
Senate there are number of Joint resolu-
tions and constitutional amendments.
Senator MCGOWAN introduced three pro-
posed amendments to the constitution.
The first provides for the free distribution
of school textbooks. The second grants
the right of suffrage to women. The third
exempts all ships5s nd other vessels from
taxation.
Senator VOORHEES, offered a proposed
amendment to the constitution providing
that in all civil cases and in criminal cases
where the penalty is not death three
fourths of jury may render verdict.
When the Senate met Chairman Ford of
the Committee on Temporary Rules re-
ported the rules of the last session, with
one or two exceptions, which were adopted.
Under resolution previously adopted the
introduction of bills was then in order.
On motion of Mahoney, it was agreed that
the roll should be called and that each
Sen ator, as his name was called, should be
permitted to introduce his bills.
A recess of half an hour was taken to
permit Speaker Flint to complete his COM
mittees. After recess these committees
were announced as follows:
Agriculture-Shippee, Hoyt, Frank, Ped
lar, Androus, Gesford, McAllister, Lang
ford Martin. Clerk, George E. Spinger.
Attaches, Contingent Expenses and Mile
age-Hart, Holloway, Flint, Arms, Meal
lister. Clerk, Mrs. E. B. Meade.
Banks and Banking Denison, Nc
Gowan,. Gleaves, Aram, Whitehurst, Lang
ford Fay. Clerk, Harry Denison.
City, County and Town Governments
Simpson, Seymour, Hart, Denison, Ges-
ford, Foy, Mathews, Whitehurst. Clerk, C.
H Martin.
Claims-F -Franck, Hoyt, Androus, Shine,
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

successor in the person of Stewart Men
zies?'' was asked of D. NJ. Delmas.
"You ask me very complicated ques-
ton" returned the able iurist. II would
answer you with pleasure were it not that
/ always hesitate to give a legal opinion on
an important question without the most
exhaustive examination of all the points
involved. The question of succession
in the matter of the Police Commission
is so complex that it would require
more than an ordinary investigation be-
fore an opinion would be justified. 1t has
been knotty problem for years, judging
from the discussions to which it has given
rise. AS have never been called upon to
specially examine into the matter I am
not ready to pass upon the legal points as
I would wish.
"But if do not feel justified in giving
an offhand opinion in SO involved and
complex question you may say for me,
say it loud as you can, that the course of
the Governor meets with my heartiest ap-
proval. There is nothing you can say too
laudatory of Mr.. Menzies for me.
ssI have known him well and long, and
have ever found him to be sterling, high
minded and honorable man-one who will
not only honor the place to which he has
been called but who is specially trained
and adapted to be of immense service to
the peoples interests in such position.
at is my earnest hope that the Governor
will find all the law necessary on his side
to support him in the course he has taken,
which cannot but meet with commenda-
ton and applause, irrespective of party or
partisan feeling"
In speaking of the legal question as to
the right of the Governor to make the
decision of the Supreme Court in the Hin
ton case, rendered in 1885. An examina-
ton of that case shows that the right of
the Governor to make an appointment in
the Police Commission before vacancy
was created was denied by the court.
In 1884 Governor Stoneman appointed
William M. Hinton and two others to take
the places of Commissioners Hammond,
Alvord and Tobin, whom he removed. The
incumbent Commissioners refused to give
up their seats, and Hinton sued out writ
of mandate in the Supreme Court.
Justice Myrick delivered the decision of
the court, which was concurred in by Chief
Justice Morrison and Justices Sharpstein,
McKinstry and Ross. Justices Mckee and
Thornton dissented, but filed no opinions,
or, at least, they were not published in the
reports.
In his opinion Justice Myrick held that
Hammond was appointed under the act of
April /, 1878, as Police Commissioner of
the city and county of San Francisco. No
term of Office was fixed by the
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

dent of caucus history goes for anything,
it does. There were forty-nine Republ-
cans in that caucus. l received forty-nine
votes for chairman, which establishes the
number present. Such majority of all
the Republicans certainly binds the entire
body.
Further than that, I know of a number
of Republicans who did not go into it who
will vote for Perkins when the time comes.
Several of them have been hesitating about
making known their preference up to date,
because they were desirous of securing
some chairmanship of a committee that
they feared any stand one way or another
might influence away from them. When
the formation of the committees is out of
the way in both houses we may look for
more clearly defined lines. The square is
and | am sure Perkins will win"
Assemblyman Dale of Kern County, who
has figured always conspicuously on the
doubtful list of both sides, who has been
rated as strictly against both candidates in
the field, and particularly againt De
Young, had pile of letters on his desk
this morning half foot high from promi-
nent business men of Bakersfield, his
home, every one sounding the praises of
De Young and advising him to vote that
way.
when I came away" he said "there
was scarcely a voice in Bakersfield for
De Young. These letters indicate to me
remarkable change of sentiment; evidently
something has happened. shall not vote
for De Young, however" Dale added.
In the stack of mail was one letter from
a banking house in San Francisco, calling
to the uprising that had
taken place in that city against vice and the
necessity for a new order of things politi-
cally throughout the State, and saying
that the senatorship was a big factor in
the reform movement and urging him to
vote for Perkins Dale says he will vote
for Bowers right along until he sees an
equally suitable man who may be elected
if Bowers can not.
Boothby of San Francisco has joined
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

Powers in his campaign for Stetson. Mer-
rill is for Stetson also.
NJ. H. de Young and his lieutenants are
cheerful about it ALL Mr.. de Young said
tonight: 81 am allowing the other fellow
to walk the floor. 1 am gaining votes
every day, and am of the opinion, at least,
that it will be a long waiting fight 1t will
be week before the voting begins, and may
be several before it ends. Information that
comes to me is all encouraging.
"This is at present something of the fag
end of the fight made against me four
years ago. Then they said that I was un-
popular. They are working under the in
fuence of that cry, but the conditions are
all changed. You stand a man up now
and put the question straight to him ::
What have you got against De Young?
He can't tell you. They have nothing
against De Young. He simply says: We'll,
De Young is all right, but can't vote for
him. They know more about De Young
than they did.
81 have always been doing things for
this State, but heretofore it has always
been far away from the State and they be-
Titled it. When 1 came and built and
made success of the Midwinter Fair un-
der their eyes, they had to believe that.
They heard me address audiences there
under hundred different conditions, and
at last must see that there is something
more to the little man than cheek and
wind. The conditions have changed since
four years ago."
The Republican members of the Senate
We're IN caucus tonight. The only bust
ness before the caucus, it is stated, was the
selection of candidates for sergeant-at-
arms and a messenger for each of the
several committees.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

Hamilton, the manager for Perkins, holds
say it is straight. But the joker is in the
Senatorial game, and if De Young holds it
he may play sad havoc with his opponent
after the draw. Tonight there seems to
be no grave change in the situation. Sen
ator Perkins still remains in Oakland.
De Young is here and so are all of his
marshals, and it is claimed that some
effective work has been DONE There is
little more Neff talk tonight. Stetson and
Bowers are mentioned in a desultory sort
of way. If there is any concerted move
ment in behalf of Irving NJ. Scott of late it
has been kept very quiet, though it is be-
lieved that under certain contingencies he
may develop unexpected strength.
w. B. Hamilton said late tonight that
there had been absolutely no change so far
as the condition of the Perkins quadrilat-
era is concerned. He declared that De
Young's men were giving everything at
their command TO break the square, but
that it still stood like that of Wellington,
''four square to all the winds that blow. 4"
As indicating the tenor of the country
toward the Perkins candidacy Mr.. Hamil-
ton produced the following telegram, ad-
dressed to the Senator by the editor of the
Woodland Mail and dated January Is:
''The Daily Mail held an election to-day
for Senator, only Republicans voting. The
polls were open three hours. Perkins 1873,
De Young 81, Estee 4, De Haven IL
He expects to receive similar telegrams
from many points in the State. To offset
this the De Young force has letters from
various quarters which evince a change in
sentiment from Perkins to De Young.
There is no doubt that some very effective
work has been done throughout the inte-
rior Of the State of late in the interest of
De Young.
Hamilton maintains that there will not
be break from the caucus and that he
lacks but four votes, including the twelve
which he counts on outside the caucus, to
nominate Perkins on the first ballot.
Those who favor De Young declare that
his estimate is wild and that he has less
than forty-five votes. And so they con-
tinue to disagree and will continue to do
so until next Tuesday unless some un-
expected event takes place meanwhile.
De Young's friends now declare most
emphatically that he is in the fight to
stay and that he does not propose to use
his name to defeat Perkins by withdraw
ing in favor of some dark horse.
Senator Gleaves, chairman of the Per-
kins joint caucus, insists that Perkins
chances are brighter than ever. Speaking
OF the question as to whether or not that
caucus bound the other Republican mem
bers, ne said tonight: "If all the prece-
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

in expressing decided opinion, but my
impression favors the views of the present
Attorney General for these reasons:
''The act of April 1, 1878, gave to the
Judges of the three District courts then
existing in San Francisco the right to Sc.
lect three citizens, who, with the Chief OF
Police, should constitute the Board of Po-
lice Commissioners. No term for these
Commissioners was prescribed and all va.
cancies were to be filed by the Judges Of
the same District courts. The State con.
stitution (article Xxx, section 16) provides
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
GUNST WILL HOLD ON.
Leauing 1t for the other Side to DO tn
Fighting.

Learing 1t for the other Side to Do the
Fighting.
When Nose Gunst was visited by CALL
reporter yesterday afternoon and in
formed of the action of the Governor he
said:
"This is exactly what have been ex-
pecting. was told by Mr.. B. U. Stein
man of Sacramento that Governor Budd
had declared before his Inauguration that
he intended to make a bluff at it, meaning
my removal and the appointment of some
one else. have received no notification
whatever of his action as yet, but am not
in the least surprised"
"What do you propose to do about your
removal?"
"Why, there has been no removal.
There was no vacancy in the Board of Po-
lice Commissioners to fill. l was regu-
larly appointed by Governor Markham
and shall go on discharging the duties of
the office to the best of my ability"
"But, do you notpropose to fight against
your removal?"
"There is no fight for me to make. l am
the Police Commissioner; let the other
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
of the Governor and has certain influence

of the Governor and has certain influence
in his favor.
Sam Braunhart is still here and saws his
chances for the place are good. There is no
doubt that to date Clunie has been in the
lead for the place, but tomorrow may
make great change as result of certain
conference held in the Western Hotel at
midnight tonight.
The late train brought up from the city
J. J. Flynn, president of the Iroquois
Club, who comes to seek the place with
the Endorsement of his club. There ac-
companied him as triumvirate in action
J. V. Coleman, L. V. Merle and M. f. Tar
pey, who will bring all their pressure to
bear on the Governor to throw Clunie
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16

fellows do the fighting. If they want to
take the office it is matter that will have
to be settled in the courts. 1 am no
lawyer"
"Have you consulted any attorney?"
'sI do not have to. 1t will be time enough
when the other side brings the matter into
court. L have no contest to make. There
has been no removal I tell you"
'Say, Nose, why don't you retaliate on
those people and say what you cam" was
asked by a bystander.
''It's wise man that can keep his mouth
shut, and I'm not saying anything" re-
joined Mr.. Gunst. "Never you mind" he
continued, "my time is coming after
while, and when it does God help those
people,"
He did not stop to explain whom he
meant by ''those people" but little
further along he spoke in rather strong
terms about the action of Mayor Sutro in
calling the meeting, which in turn called
upon him to resign, and of the committee
that had waited upon him with view to
securing his resignation, so it was not diff
cult to see the purpose of his covert threat.
The news of Mr.. Gunst's removal was es-
pecially pleasing to the three gentlemen
who waited on him Monday
"Well! that's good, said Mr.. Gaden, the
chairman of the committee of eleven, it
shows that our labors have already met
with success. If it had not been for that
mass-meeting we held, the removal would
not have been made. This is only the
starter of our plan to investigate the entire
municipal government. All the depart
ments will come in for attention. The
plans and method for procedure will be
agreed upon very soon."
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-16
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