The San Francisco call., 1896-11-13
OLD SUPERVISORS
WANT TO TARRY
Preparing to Test Their
Tenure of Official
Life.
They Are Hoping to Hold on Two
Years More as County
Officers.
ASHWORTH MAY JOIN IN,
And an Issue Will Be Raised in the
Supreme Court of Great Impor.
tance TO Citizens.
AsHW0RTH MAY JOIN IN,

The old Board of Supervisors does not
propose to get out of office without first
testing the tenure OF their official life in
legal war. This information comes from
a source which leaves no room for ques-
lion concerning its accuracy. The news
was at first doubted, but 1t was confirmed
late last night. The facts concerning the
Kahn against Sutro suit before the Su-
preme Court are so fresh in the mind that
it is not necessary to more than briefly
recapitulate. The Supreme Court de-
cided, and this consideration is the essen
tial one in the present instance, that the
officers who administer the executive de-
partments of the City and County OF San
Francisco are in two classes. One class is
made up of county officers and the other
class, under the terms OF the decision
quoted, were ascertained by the Supreme
Court to be only municipal or city officers.
Those in the class of county officers
were found by the Supreme Court to be
entitled, under the county government
act TO hold on two years longer in Off ce.
The officers so classed are well known.
Now IL has recently occurred to some
members Of the present Board Of Super
visors that they are county officers.
Whether they were so considered by the
Supreme Court or whether their point
was taken into account at all by the
Justices, does not appear from the word-
ing of the decision, which IS entirely
si'ent in that regard.
But when the suggestion took hold that
Supervisors are county officers, and that
they may be as well entitled to hold over
as the other officials who have been
specifically designated by the Supreme
Court, the idea was so taking that it at
the minds of certain of the present board.
The prospect of legally holding Office two
years more was surely ailuring.
The success of the scheme may have
been thought to partly depend upon the
degree of secrecy which was attendant
upon the taking of the initial steps. Con-
ferences have been held from time to time
during the past two weeks, at W ich
learned counsel has been present. Who
the lawyer is who has principally figured
as legal adviser 10 the Supervisors has not
been made public, but hint was thrown
out last night that General Dickinson
might be the man.
Supervisor Benja said last evening
that he had heard the talk about holding
on He understood also that Superin-
tendent of Streets Ashworth was
going to see whether the law does not
entrench him in legally iInpenetrable
position for two years more. Mr.. Benja-
Hill las OSGn COLHllc0 " SOmt
days, but he knew of the talk before he
went home. He said that if the others GO
in together to test their legal rights and
legal standing he would cooperate with
them.
A close friend of Supervisor Wagner
said last evening he had heard that al
the Supervisors, or nearly all, were of the
opinion that under the Kahn against Sutrc
decision they were strictly in it, and they
have secured legal advice that their atti
tude is entirely correct. The matter is
common talk among them. This proposed
move of the present Supervisors vail proba
blv be a source of astonishment TO the
newly elected board, who were peacefully
banqueted a few nights ago by Mayor
elect Phelan, their calling and election
then being supposed by them and also by
the very great majority of the citizens D
San Francisco to be sure beyond cavil OF
question. The secret projection of such 6
leading issue comes with the suddenness
and some of the surprising effect OF
bombshell of the political sort.
Whatever the result may be the move
ment points ont once more the singular
snarl in the official affairs of the City and
County which has been occasioned
preme Court recently. The news was OBJ
tanned too late last night to make it pos
sibie to interview many persons.
Some of the present Supervisors were
out when CALL reporters sought TO FIND
them at their places of business or homes
The idea was prevalent that they did no
wish to be questioned at this time fol
they have not their plans fully made.
One who should know said that they
had been advised that there are several
claims which they may advocate with g
show OF success. The news is sure tc
occasion a sensation. The existing oficia
situation is entirely unique. The Supreme
Court changed the old-time understand.
ting concerning the legal position OF
officials who in the City and County o.
San Francisco were heretofore considered
to be in one class. New complica tiops are
possible if the old Supervisors succeed