The San Francisco call., 1899-12-05

PIeSfHS mem JOl THdIspST plIbS IHsp my
haze as communications of general INTEREST,"
To the Editor of The Call: II you will
permit me once more to trespass upon
your space, 1 would like to say that the
answer" of Mr.. Henry NJ. Clement, pub
lished in your issue of Sunday, to my
answer" published in your issue of the
preceding Sunday, proves merely that the
author is an expert legal dodger, and that
Is all. Mr.. Clement says that lone of the
fundamental rules of construction is that
If there arises a doubt as TO the meaning
OF law ii must be read and construed
AS A WHOLE, so as TO accomplish, II
possible. the. legislative purpose and in
tent in its adoption" But this is exactly
what he declines to do. In fact, he not
only does not read article XIII as a
whole, but he even refuses 10 read sec
ton 10 in that way.
am satisfied that if Mr.. Clement could
be induced to read article XIII 'as a
WHOLE or even sections 10 and IL, he
would at once perceive that the clauses
which he wrenches out of those sections
and sets up as arbitrary enactments bear
no such construction as he places upon
them. If he declines to do this, how
ever. but insists upon violating his own
quoted rule Of construction, what is 10
be done with him? II is manifestly use
less to argue with one who so deliberately
deceives himself. .
1 claim that article XIII sets up civil
service system, the basis OF Which Is
CLASSIFICATION. Until the offices ana
places OF employment under the new
charter are classified" the commission
appointed by the Mayor will have no au-
thority over them, What would haPEPehI: a,EIP3eI l.
may l ask Mr. Clement, il the ofhclals
who take Office on January should agopI
the clerks and deputies now IN ,e olllce .
No permission TO appoint temporatniy ny
would then be necessary. How Woulu lIS
Civil Service Commission go 10 work 10
compel the employees thus held over 70 70
take the civil service examinations VIII
the situation be any different on January
when all these appointments are mace
of necessity prior 10 the organization oA
the commission? ,, ~,
The fact is section 10. upon which Mr
Clement so strongly relies to de1eat the
push" on January s. is only part OF tne
general system. The temporary SpPolhtI
ments therein provided Tor are oeslsntSu itd
TO prevent stoppage of business under the
s.classified" system. This is apparent
when the section is read ''as whole-
Here il is entire: -,
notify the Commissioners OF each posi-
tion to be filled separately ana shal M M
such place by the appointment OF one Oh
the persons certified to him by the CoIn-
missioners therefor Such appointment
shall be on probation for period 10 De
fixed by the rules Of the Commissioners I
but such rules Snan not IN SuSL. PNI
as exceeding six months. Inc Comihls-
sioners may strike of names OF canul-
dates from the register after lhey nave
remained thereon more than Two years.
AT or before the expiration or the perlod
of probation the head of the department
or Office in which candidate Is employed
may by and with the consent OF the COM
missioners, discharge him upon assigning
in writing his reason therefor 10 the
Commissioners. II he is not then dis-
charged his appointment shall be deemed
complete TO PREVENT THE STOP
PAGE OF PUBLIC BUSINESS, OR TO
MEET EXTRAORDINARY EXIGEN-
CIES. THE HEAD OF ANY DEPART
MENT OR OFFICE MAY, WITH THE
APPROVAL OF THE COMMISSION
ERS, MAKE TEMPORARY APPOINT
MENTS. TO REMAIN IN FORCE NOT
EXCEEDING SIXTY DAYS, AND ONLY
UNTIL REGULAR APPOINTMENTS
UNDER THE PROVISIONS OF THIS
ARTICLE CAN BE MADE"
Does not this entire section refer TO the
classified service2 What authority has
Mr.. Clement for wrenching the clause in
capitals out of its environment and set
ting IL up as n separate enactment? Read
las a whole" the section convicts him Of
the rankest kind Of sophistry.
But although / am convinced that there
Is no provision in article XIII for forcing
those who procure appointments on Janu-
airy to take the civil service examina-
tions | do not regard that as the monu-
mental blunder OF Mr.. Clement and his
colleagues on the civil service commit
tee of the Board Of Freeholders- In time
doubtless that omission viii remedy it
self. AS every person appointed without
classification on January VIII be unpro-
tected by section l2-which confers per-
manent tenure during good behavior-for
their own benefit probably eventually the
members of the push will subject them
selves TO the rules. At all events death