The San Francisco call., 1899-12-22
Health Board Will Contest on
Constitutional Grounds.
BarOat, Keeney and Payne Lined Up by
Health Officer LaWor and Ordered to
Get Into the Fight,

authority and without fear OF contraven-
Ton that three members OF the Board OF
Health and DR.. William =. LaWior Health
Ofncer, and also Mr.. Burns agent on the
BOARD, Will contest the appointment by
Mayor Phelan OF their successors under
the provisions OF the charter.
Lhcse ot the board who have agreed 10
tske Burns bidding IN the matter are
W. Payne and DR.. J. W. Keeney. They
have not only taken Mr.. Burns orders, but
have entered with enthusiasm upon their
enterprise, and are so confident Of success
that they have boasted 70 the extent that
The friends ot the charter are informed OF
every point they VIII be called upon 10
The Burns clique will rely solely upon
the constitution OF the State IN their fight
70 hold o1ice- Section 81 OF article u Of
that document gives 70 municipalities
Boards OF Election. Fire Commissioners
ponce Commissioners and other bodies
necessary 10 a ciIy's economy. but u does
not conter the power 10 create a Board
OF Health. Il gives that authority solely
70 the State Legislature. and the lawyers
Nn9 nave been consulted by Nj. Burns
hold that the Legislature cannot delegate
ne same authority 20 municipality in
TIE face OF the express provisions of the
svstituuon. The Burns people further
aim that when the San Francisco Board
OF Health was created II was not Intended
10 De purely local Institution. but was
given jurisdiction over the health condi-
uons and Affairs OF Sausalito and other
SUBURBAN territory beyond the limits OF
the city and county. That IL IS now moth
Ing more than local body exercising au-
tnority over none but local affairs. they
ment OF the Office and not TO the provi-
sions OF the law which created H.
All OF these facts or hcUons are OF Mr
Burns discovery. His attorneys. and not
those ot the Board OF Health. were set 20
work finding flaws IN the charter Burns
G. eqIaIncnicated them 20 the board through
Health Or1cer William Lawlor. when he
MADE known, By the same agent, his de-
sire that the charter be contested in every
clause which had reference 20 the Board
OF Health. Mr.. Burns did not call the
members Of the board IN FOR a general
conference. he does not do his work that
way. as was amply demonstrated during
the recent session of the Legislature. In
stead he lntrusted the whole matter TO Dr.
Lawlor. and since early II November that
official has been working Up the plan with
the members OF the board. DR.. Barbat
favored the scheme from the start As
Burns private physician and political con-
ndant he was ready for any order that
might come down 10 him from his chief
50 long as IL should not !eopardize his pro-
fessional standing nor his reputation sor
honesty and integrity.
DR.. Barbat does not consider that an at
tack upon the charter damages either.
IDr. keeney came next. and then DR. Law
lor began wooing the immaculate Dr.
Payne. Payne was just a bit coy for a
time. but the plausible Lawlor arguments.
In which good citizenship and its rewards
ere set forth from an essential Burns
standpoint, finally prevailed. and at a lit
tie heart-to-heart talk between the three
and DIT. Lawlor al the Zinkand. on
Wednesday night. the whole thing was
settled. and Colonel Burns has been duly
Of Lawlor's glittering success
DR.. Coffey was approached on the
scheme. Il IS said, but positively refused
20 have any connection with It When
seen last night he said that he had heard
of the plan. but that IL had not been dis
cussed with him.
said he. My private practice and my
position with the railroad company re-
quire al Of my time and ! am better out
of politics than in IT, Besides I think the
charter expresses the will OF the people OF
this city. IL certainly expresses mine,
and I have no desire 20 defeat any OF the
reforms or changes Il IS intended ac-
90