The San Francisco call., 1899-06-04
PORT WARDENS
REFUSE TO GIVE
Up THEIR JOBS
Recent Appointees
Will Have to Fight.
BRAUNHART WILL NOT VACATE
INCUMBENTs PLAN A FIRM RE
SISTANCE.
BRAUNHART WILL NOT VACATE
They Claim That Governor Cages Ap-
pointments Are Illegal on Ac-
count of Want of Senate
rial Confirmation.

Some rare political sport Is in store for
the recent appointees of Governor Gage
to the four port wardenships of San
Francisco The present occupants declare
that the Governors appointments are IL
legal, and that they will resist all at
tempts to oust them from their offices.
The four incumbents are Samuel Braun
hart, State Senator as we'll as port
warden; Henry r. Atwood, Nelson
Provost and Percy Henderson. Governor
Cages appointees, announced Friday are
Charles f. kenneally, f. w. Burnett R.
Z. Nickells and Charles Spear. The first
quartet have determined to stay in office
despite the Governor, and in no smiling
way refuse to surrender their seats of
power to the new appointees. The rea-
sens for the intended resistance to the
SCbernator1al power of the in
cumbents are founded on what they assert
to be an illegality in the appointment of
the new port wardens. They claim that
an appointment by the Governor is not
legal unless the Senate confirms it by
open and express ratification With the
Political Code and The Supreme Court
decisions in their hands thew wave de-
hance at the chief executive of the State.
and will hold on tenaciously to the offices
which Ex-Governor Budd placed within
their grasp.
Samuel Braunhart is of firm mind in re-
gard to his newly-formed resolution to
defy the Governor There are many and
valid reasons why the recent appoint
ments should be resisted" he said last
night In the first place, Cages men
can not, qualify under the law, and con-
sequently the appointees would not be
port wardens. Section 1863 of the Political
Code declares in positive terms what
officers must hold by gubernatorial ap-
pcintment with the consent of the Senate.
Until the Senate ratifies these appoint
ments they will not stand under the law.
1T is the duty of the incumbentS to re-
fuse to be unseated when their successors
cannot hold. On this ground alone l will
still refuse to surrender my position for
| cannot as a good citizen yield my office
TO one who is unable to qualify. The con-
sent of the Senate not having been Sc
cured, and, following a number of Su-
preme Court decisions which hold that
mere expiration of term does not create
a vacancy, we feel that we are acting in
consonance with good citizenship and our
duty to the State if we refuse to relin-
quish what We hold by authority and
right"
There is another code section which ap-
plies directly to Governor Cages ap-
pointeeS, and that is section $50 subdiVi-
sion 2, which declares in mandatory terms
that two at least of the port wardens of
Charles Kenneally is tre keeper of a livery
stable; T. w. Burnett is a photographed;
r. z. Nickells is a farmer, and Charles
Spear was a former County Recorder of
Alameda. This selection will at least null
lify two of the recent appointments
Another mooted point relates to the ex-
piration of the term. The commission
reads that the port warden shall hold
office for four years from the time of the
issuance of the commission. Braunhart' S
term is the only one which expires at this
time, the others having some. period to
run. At any rate, there is a tangle and
a fight brewing as well. The courts will
undoubtedly be called on to settle the
difficulty and unite the knot.