The San Francisco call., 1896-03-15
TO REMOVE THEM ALL,
N. S. Writ Petitions the Gov.
ernor for New Police Com.
miSsioners.
SAYS he CAN IF HE WILL.
Because the New Constitution Re.
pealed the Law Under Which
They Were Appointed.

N. s. Writ, acting wholly upon his own
motion, SO far as appears in the record, has
gone to the Governor with plea for the
supplanting of William Alvord, Richard
Tobin and M. A. Gunst by some other
three, whom he does not name-leaving
that matter to the Governor himself-to
serve the City and County of San Fran
cisco as Police Commissioners.
He seems to assume that the Governor
would be pleased to perform this service
of his (the Governor's) own motion, if he
saw the way clearly through the mazes of
the law to do so. Mr.. Writ, therefore, has
accompanied his petition with a long and,
as he says, thorough exposition of the law
on the matter. To the layman, too, it must
appear that he makes out a very good case.
His petition has been already forwarded
to the Governor. He begins by saying
that he is himself lawyer. Two impor-
tant legal propositions ''are set out to pro-
pound and elucidates the whole con-
troversy" The first is power and author
ity to fill vacancy in Office. The new
constitution, he says, abrogated all that
part of the act of 1873 that directed the
three certain District Judges to appoint
the Police Commissioners. Section l6 of
article Xxx of the constitution thus pro-
vides:
When the term of any officer or Commits
sioner is not provided for in this constitution
the term of such officer or Commissioner may
be declared by law; and If not SO declared
such officer or Commissioner shall hold his
position as such officer or Commissioner dur
ing the pleasure of the authority making the
appointment, but in no case shall such terms
exceed four years.
Whether the Office is held by virtue of an act
of the Legislature or by the power OF appoint
ment the term must be limited in all such
cases to four years. 1t is as positive and GER
tain as if the Legislature had provided that all
such officers shall be appointed to hold sue h
office for the term of four years. That bein &
the test TO govern, then the term OF office of
such Commissioners expired in 1882, their
commissions expired and all their powers and
duties by. virtue of the constitution then
ceased.
Mr.. Writ relates the history OF the ap-
pointment of the present Commissioners
and declares that the Governor made a
mistake in trying to remove Gunst while
the Legislature was in session.
The term prescribed by law for said Gunst
to hold Office was till the end of the next ses-
sion of the Legislature. He was appointed
ana qualified before the session commenced.
The appointment was for definite and GER
tain time, and not for the balance OF the un-
expired term. No one could remove him until
the end of that session except the Legislature
in session, in the due exercise of its legislative
authority granted by the constitution. The
reason it has not done so for years every ln-
formed man of the State well knows. The
constitution and law sets out two separate and
distinct things, to wit: Filling vacancies and
making appointments. Section Of article v
provides: "When any office shall, from any
cause, become vacant, and no mode is pro-
vided by the constitution and law for filing
such vacancy, the Governor shall have power
to fill such vacancy by granting commission,
which shall expire at the end OF the next ses-
sion OF the Legislature or at the next election