The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-04-30
MAY TRY
To GUST
WEBSTER
The Board of Education
Takes an Entirely
New Tack.
SUPERINTENDENT Is IN
DANGER.
School Census Tangle Leads to
Fresh and Novel Com.
plications.
AUDITOR Frederick TAKES A
HAND.
VIII Not Sign Warrants for Census
Marshals Unless Approved
by Webster.
AUDITOR Frederick TAKES A
HAND.
Will Not Sign Warrants for Census
Marshals Unless Approved
by Webster.

The bombshell that Superintendent of
| Public Schools Webster exploded in the
| camp of the Census Committee of the
Board of Education during the meeting of
the committee of the whole on Wednes-
day evening has borne fruit, and there
as been wild scurry ever since to find
some way out of The difficulties pointed
out by the Superintendent.
Yesterday there was a close conference
with the attorney of the board, and, as a
result, there is new phase to the matter
that Is fully as startling as the original
one.
On the advice OF the attorney the Gen.
sus Committee will contend that the law
on which Mr.. Webster bases his allega.
tons that the census, as now conducted,
Is illegal, relates to county boards. and
not to those OF cities; that the board is
authorized to act Independently of the
Superintendent, and that Mr.. Webster has
no power to interfere.
Having gone thus far, new idea
struck the committeeman.
II Mr.. Webster is not City Superinten-
dent, as has been decided by the Supreme
Court, has not the board the power to ap-
point City Superintendent to succeed
him?
The idea was a magnificent ons in the
mind of the director who evolved it, and
the attorney was instructed to delve deep
into the statutes and ascertain whether
or not q case to GUST the superintendent
and install his successor would have a
standing in court.
II now appears that the communication
OF Mr.. Webster to the committee of the
whole was far more pointed and bristling
with hints at illegal acts than appeared
from the linking of the matter that
ster showed the board that those in
charge OF the census work. and the mar
shals themselves had ignored the law as
he interpreted 1t In many ways. His for
| NAL communication was as follows:
SAN FRANCISCO. April 26, 1897.
To the Hon. Charles L. harrington President,
and Members Of the Bocrd Of Education in and
| for the City and County i San FranciSco-GENT-
| LEMEN: l respectfully direct your attention to
| these facts: That appointments of census
| marshals must be made by the Board of Edu-
cation on or before the 1st day of April. There
| is no legal provision for the board to delegate
| this perogative and duty. Hence. if census
| marsnals become incapaciiated and unable to
| serve, the Board of Edn, alton must name sue.
| cessors. Several persons are engaged and have
| been engaged in aking the school census of
| this City and County who have not been an
| pointed By the Board OF Education.
That all appointments of census marshals
|
| intendent OF Schools. That the names of only
! three legally appoint ed census marshals have
been submitted for my approval.
| That before entering on The discharge of
| their duties the census marshals must file
their oaths of office in the Office of the Super
| intendent OF Schools.
| Office.
That the services of Mr.. wardell and Mr..
| Mcpherson performed prior to the 18th of
! April, 1897, should be designated as clerical
| services.
offer these statements to your considera-
| ton in a friendly spirit, that you may rectify
| mistakes supply those omitted formalities
| of law that shall render the officers now serv-
| ing you as census marshals legal and thus
| legallZe their work.
| Much credit is due Directors Gallagher and
| Waller for the time and attention they have
| given to the business of directing and taking
| of the school census In aud for this City and
| County. Respectfully submitted,
| r. II. WEBSTER
Superintendent of Pubic schools.
| Mr.. Webster's reference to the duty of
the board to appoint all census marshals
cites the fact that large number of men
| were put to work by the Census Commit
tee after the board had made the regular
appointments. Census Marshal Wardell
| says that he put them on at the orders of
the committee, and he ought TO know.
| These are the men appointed originally
at the open meetings of the board:
| J. NJ Prescott, Herman Armer, NJ. Koppel,
| D. d.
| Cordy Frank NJ. Koran, George Sal 3D. James
| Stevens. James McGrath, James O'DonnelI,
Thomas Monahan, Al Bernstein, P. W. Darcy,
| f. c. Palmer, Charles C. Wilson, Charles
Metzger, N. McMenomy, R. Burkhardt, L.
Slavin, Mel Abrah ans, George Lacombe, James
Wren, Daniel Ward, William J. Kane, James
| Murray, c. A. Jameson, Thomas T. Meagher
Charles Hackmier, David Short.
| Since that meeting the following have
/ ho
| been at work:
| 4: Clancy, K, T. McCrosky, L Danielwitz,
Michael FARRELL, W ?; George, James Healing,
s. Jacobs J. j. Kelly, William Kline, W. c.
Z. J. Mclaughlin, II. Mcclellan. T. r Mime
| han, r Ii. Murray. ]. J; Mccarthy. Frank J.
Mahoney, R. Molloy, Josephine T. Molloy,
| J. +. Riley. Andrew ]. Roche, Frank Sicily,
Fred schucigass. George J. sehweitzer, George
Woodward, James D. WEIGH, Jer GAM Dan
Zeyer, J. G. Bernstein, F. Rooney, J. Smith.
M. J. Doughertv, P. ]. Carr, w. Il. Mcdonald,
| Fred Raabe, Miss Riordan. John ]. Fogar ty,
julius Colman, R. Z. Low, II. Blancy, Hugh
O'Toole, Tilden.
Auditor Broderick, after reading Super
| intendent Webster's letter to the board,
| said that ii IL was as stated by the Super
lntendent there was a grave doubt as to
the legality of the census. and the matter
should be thoroughly Investigated.
"Mr. Webster" he said, s'has here the
opportunity 10 make the stand that the
dignity of his office demands. If illegal
acts such as he mentions have been COM
mitted it is his duty to refuse TO recog-
nize the census or The warrants of those
who have taken it. If he does not sign
them l certainly shall not. He has the
| power to compel the Board of Education
| 10 do this work legally. and the members
cannot force him to accept the census un-
less he chooses.
81 shall look thoroughly into the law
governing the school census and the ap-
pointment governing deputy marshals,
and If more men are at work than the law
allows the warrants will not be audited"