The San Francisco call., 1898-05-23
VIII.

VIII.
 The new provisions in relation to the Police Courts are unwise and per- nicious.
 The present Police Court has jurisdic- ton Of those misdemeanors only which can be punished by one years im- prlsonment and by fine not exceeding one thousand dollars Statutes of 1893. p. l0). The charter gives it concurrent jurisdiction with the Superior Court of all misdemeanorS.
 Every crime Is misdemeanor unless 1t be punishable by death or imprison ment in the penitentiary. The grant of Jurisdiction to Police Court of every mlsdemeanor is very dangerous inno- Vatlon. The crimes which are punish able as misdemeanors are of greater magnitude than may reasonably be ex- pected to be disposed of in the Police Courts with due regard to justice
 Take the crime of libel For that crime man may be imprisoned for year and fined five thousand dollars. The imprisonment Is to be in the County Jail. Should he be tried in the Police Court? And take other crimes which are punishable by two or three years imprisonment in the County Jail, and which may be punished as false pre- lenses by fine represented by five fig ures, ten thousand. twenty thousand, thirty thousand dollars. Should those offenses be tried in the Police Court?
 But, passing that question, the char ter contains what must seem to every lawyer very improper provision relat- ing to the record on appeals to the Su- perior Court from Police Courts. If defendant Is convicted in Police Court and desires to appeal to the Superior Court he prepares his statement on ap- peal. Within a reasonable time the District Attorney is entitled to propose amendments to the statement. The proposed statement and amendments are then submitted to the Judge, who settles and certifies to the statement on appeal in accordance with the facts. If the District Attorneys amendments do not cover the case he is entitled under the present practice to make the state ment on appeal conform to the truth, so that he shall not be misrepresented in the appellate court.
 But the charter provides that If the District Attorney shall fail to file amendments to the proposed statement within five days after service thereof "the proposed statement on appeal shall be the statement on appeaP (Art. V, chap. 8, sec. B. subd. 2d, D. 4S). In other words, the Judge who tries the case has no power to make the state ment on appeal set forth the truth about the trial and rulings of the court if, from inadvertence, neglect or tndif- ference, the District Attorney shall fail to file amendments within five days.
 TX.
 The provisions relating to civil service are promise to the ear to be broken to the hope, for they are man ifestly unconstitutional.
 Upon what theory the framers of the charter provide for the appointment of subordinates through Civil Service Commission, whose salary, with that of the secretary is $6000 per annum, when the provisions for civil service are In the teeth of three decisions of the Su- preme Court, can be better answered by the author of the provisions than by me.
 The charter provides that no ap- pointments shall be made, with few exceptions. except from the list Of the persons who have passed civil service examinations. The plan pursued Is this: The commissioners Of civil ser vice certify to the officer who Is to fill the vacancy the name or address of one or more candidates, not exceeding three. He takes the appointee from those certified to him. The charter provides fin making such certification sex shall be disregarded, except when some statute, the rules of the commits sioners and the appointing power spe- i cifies sex" (Article XIII. Section 9, page 130) l do not know whether this pro- vision was intended to secure us female ] deputy sheriffs or not. l do not quite understand the provision and l shall 1 not therefore undertake to put con- | struction upon it.
 However, it Is provided in the char l ter (page 13D that no appointment | not so made shall be void"; that is to l say, except through the Civil Service Commission.
 The provision of the charter which secures fixed tenure of office, unless the Mayor at his pleasure shall remove, seems to be this (for there Is no other): No deputy, clerk or employe in the l classified civil service of the city and | county, who shall have been appointed | under said rules, shall be removed or discharged except for cause. upon writ ten charges. and after opportunity to be heard in his own defense (Article | XIII, Section 12. page 131).
 If there is one rule better established than another in this State it is that under our constitution such a provision s unconstitutional The provision of he constitution which 1t violates pro- vfdes in substance that If the consti- a. t1r-y If oy1 fficov