The San Francisco call., 1896-03-16
THEY MUST KNOW HOW.
Candidates for Public Offices
Should Be Qualified to
Fill Them.
This Is the Position the State Takes
in the Suit Against Superin.
tendent AShworth.

Henry E. Highton, acting for the State
in the case of the people against Superin-
tendent of Streets Ashworth, has presented
somewhat novel view of the response
bilities of an office-holder, but one which
appeals at once to the common-sense Of
the average individual.
Mr.. Highton, as special counsel associ-
ated with District Attorney Barnes, on
Saturday filed his brief in answer to the
brief of Ashworth's attorneys. In the
opening paragraphs he says:
There is serious misunderstanding or mis-
apprehension as to the nature of public offices.
They are not political rewards. Each incum-
bent of such an Office is servant OF the State
or municipality with fixed duties, expressed
and implied, and under contract in which he
and his bondsmen vouch for two propositions:
First, his average or reasonable competency,
and, second, his fidelity.
Apart from any purely moral question, an
without any necessary implication OF corrup-
tion, the defendant, when he accepted the
office of Superintendent of Public Streets,
Squares and Highways, contracted, first, that
he was fairly qualified to perform and, second,
that he would faithfully perform the duties of
the Office, and, if he was incompetent or has
been grossly negligent, he has broken his
agreement and the penalty is removal.
On these points the whole argument Of the
demurrer must converge.
DlS Is q pOSltiOH WHICH Is supported
by both law and commo on-sense," said Mr..
Highton in speaking of the matter last
evening and pointing to the long list of
citations of law presented in his brief.
ut is the popular notion" he said, "that
when man is elected to an office he is be-
yond criticism unless he does something
distinctly dishonest; that his election is the
expression of the voice of the people and
he can conduct his Office as ne sees fit.
That l hold to be grave mistake and if
my points were more enforced upon the
political parties the public service through
out the country would be vastly improved.
Men in voting for b Superintendent OF
Public Streets, for instance, may person
ally prefer this man or that man, but they
have q right to expect that all the candi-
dates are qualified for the duties Of the
office to which they present themselves for
election. If they are not then they COM
NIT fraud in accepting it. A man may,
without any intent toward corruption,
bungle bis business so as to bring great
loss to the people.
"In our proposed new charter system of
civil-service examinations is TO be lnau-
gurated to test the fitness of applicants for
clerkships in the public service. How
much more important is it that the heads
of departments should be qualified. l
hold that If Mr.. Ashworth allowed imper-
feet street work of any kind to be done
that is, if he knowingly permitted any in
fraction of the specifications whatever
whether he profited by 1t or not, he is
guilty as charged and subject to the pen
atty of removal"
The defendant is allowed to reply to the
District Attorneys brief; then Judge
Slack will pass upon the demurrer, and,
that being overruled, the case will come to
speedy trial.