The San Francisco call., 1899-12-03

The Call does not hold itself responsible for the
opirions published in this column, but pre-
sents them for whatever value they may
have as communications OF general interest.
Editor The Call: In a recent issue OF
your paper there was a communication
from George ID. Squires. a lawyer of this
city, in which Mr.. Squires sought to dem
onstrate to the general public the legal
proposition that the civil service law IN
the charter would prove to be imperative
as TO the deputies, clerks and employees
first appointed by the heads of depart
ments and officers to take office under the
charter January s, 1900. Either purposely
or unwittingly Mr.. Squires failed TO make
mention, in his communication, OF the
very clause of the civil service law which
avowedly makes the law operative and
applicable to the first appointees. The
omission seemed to me so fragrant and
inexcusable that 1 replied TO Mr.. Squires'
communication, not for the purpose OF en-
tering into newspaper controversy with
him upon question of law (for such con-
troversies are always barren of practical
results), but solely for the purpose OF
calling attention TO the conspicuous alb
sence of any mention by him of the par
ticular section Of the civil service law
which provides for the temporary ap-
pointment by the new city and county Of
act until such time as regular appoint
ments can be made under the civil service
act.
Instead Of gratefully accepting and well
coming my correction OF his really mex
cusable omission, in the cause of truth,
he proceeded (as all newspaper controver-
sialists do) TO resent my kindly intended
correction as an interference" TO refer
TO me somewhat irrelevantly as a "candi-
date" for Civil Service Commissioner lat
the hands Of Mayor Phelan" (Which / am
noD, and 10 what he ambiguously terms
uncover" me as the author OF the civil
service 'botch'." (Whatever odium may
be attached to this last charge will be en-
dured with becoming fortitude.)
l had not thought OF replying at all TO
Mr.. Squires, for l have not time TO write
law briefs for publication; but during the
past week l have had many requests from
prominent citizens and from two county
ofhcers-elect asking me 10 set forth fully
and clearly my views of the civil service
law as TO its applicability TO the new ap-
pointees; and | will therefore, with your
permission, reply to Mr.. Squires' commu-
nication on that subject.
Mr.. Squires claims in his communica-
tion that the clause of section 10 of the
civil service article quoted in my brief
letter 10 The Call has no application
whatever TO the case" and asks why l do
not proceed 10 elaborate a theory of
construction by which the civil service
provisions of the charter can be made to
apply 10 appointments conferred by the
heads. OF the city government on Janu-
airy s."
Now TO elaborate a theory OF con-
struction" implies a precedent obscurity
and presupposes an ambiguity. II the
language OF a law is plain we are not
called upon TO invoke the rules of con-
struction in order to know what II means.
1t is not for me or for those whose
duty 1t shall be 10 enforce the civil serv-
ice law, but II will be for Mr.. Squires
on behalf OF his clients, "the push,' to
elaborate a theory Of construction
which will enable THEM 10 overthrow
and defeat the object and purpose of the
law.
one OF the fundamental rules Of con-
struction Is that II there arises a doubt
as TO the meaning OF a law IT must be
read and construed as a whole so as to
accomplish, II possible, the legislative
purpose and intent in it's adoption.
Applying this fundamental rule of con-
struction to the civil service law we find
in every provision and in all parts of 1t
the intention plainly expressed that all
the deputies, cleriss and employees of the
city and county government shall be sub
that those first temporarily selected will
retain their positions only until such time
as appointments can be made under the
civil service rules.
In the first place, section 36. article XVI
OF the charter provides that the Mayor
shall. between December !, 1899, and Janu-
airy l. 1900, appoint the commissioners.
The commissioners, when appointed, will
have full authority to enforce and carry
at the hour of noon on January s, 1900
simultaneously with the civil service COM
missioners going into Office all the other
heads of departments and officers will 20