The San Francisco call., 1896-05-09
THEY WANTLONG TERMS
The Four-Year- Term Test Case Is Ar
gued and Submitted-City Of
ficials Interested.

hcials Interested.
The test case by which it is hoped to
learn whether or not the present munic-
ipal officers hold for two years more or go
out next November came before Judge
Seawell for argument yesterday.
The action is 3 suit brought by julius
Kahn against the Election Commission to
restrain the Commissioners from preparing
for municipal election next November.
General W. II. L. Barnes and T. c Coogan
appeared for the plaintiff and Garrett Nc
Enerny represented the Commission. The
first proceeding was the filing of a demur-
rer to the com plant on the ground that it
did not state facts sufficient to form q
cause of action, and on this demurrer the
cause was submitted.
McEnerny took the position that the
county government act, which provides
for the four-year term, did not apply to
the City and County of San Francisco.
Its provisions did not fit the dual govern
ment of San Francisco in any of the more
important matters and it provided for
officers unknown in this local government.
''San Francisco" he SAID, sis not a county.
Its government is totally different from
that laid down by the law for counties
and it has been decided more than once
that it could be considered in no other
way than as a City."
the act should be made to apply to San
| francisco so far as the character of the
| CITY and County government did not con-
! tlct with the terms of the law. He argued
| that general laws, such as the county gov
! ernment act, must apply to all the State.
| Ii 1t did not apply TO the whole State 1t
would be general law and under the pro-
vision of the constitution, which forbids
/ special election laws the county govern
ment act would then be invalid.
! He contended, however that the act dii
apply to San Francisco, for he said that
| some OF the provisions plainly showed that
| San Francisco's position under the law
| had been considered. The act directed
| that the compensation of the officers OF San
| Francisco be set at the figures allowed
| by the local government, while in the case
of actual counties the salaries we're fixed
by the act itself. He said it had been de-
cided by the Supreme Court that the City
and County OF San Francisco was a county,
| and he held therefore that the county gov.
| ernment act, III all but conflicting terms,
should apply here.
| Judge Seawell will render Judgment in
| the matter in a few days. and then the
case will be taken to the Supreme Court.
! Harry Creswell, the City and County
| Attorney, was present in court and asked
| Judge Seawell to render his decision by
next Tuesday, if it was possible, as the
| commission meets then and it will pro-
| ceed to business according to the judgment
rendered. One of the important items OF
| business pending before the commission is
| the reprecin citing of the City. Should the
demurrer be sustained and the omplaint
| for restraining order be thrown out then
| this work must be done at once in prepa-
ration for next November but if the de-
| murrerer be overruled then there is time
| enough and the repreclneting will be let
| go for two years more.