The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-11-12
Gage Orders the Suit Against
HerOld Dismissed,
The Governor Has Refused to Permit His
Victim to Keep the Gold Brick as a
MementO of Deceit.

burn be given the presidency of the Har-
Dor Commission, and Gage, as matter
OF duty, obeyed Chadbourne was dunn
founded, and his dismay increased when
he learned that he had been selected by
Gage TO contest the position occupied by
Herold. Instead of securing a rich prize
he had beer given a number in legal
lottery that might not win He finds now
that the number not only did not win,
but it was bogus. The gold brick was
not even gilded.
The Governor had taken this cheap
method with which TO get rid of the ge-
NAL colonel, who had rendered such gal
liant service on the staff OF Governor
Budd Gage declared that HerOlds ap-
pointment, being made and confirmed 50
many months before the expiration of his
predecessors term, was illegal.
He therefore appointed Chadbourne to a
lawsuit. The colonel accepted the gift
and then faced another difficulty. He
could not even bring suit against Herold
without permission of the Attorney Gen
eral. whose consent must be obtained in
actions where the State seeks to become a
plaintiff
The consent of Attorney General Ford
was not difficult to obtain. Gage COM
manded him TO give 1t, and he did so.
And thus Colonel Chadbourne, in his own
interesting self, became the people of the
State. Suit was instituted in April, and
knight q Heggerty became attorneys for
Chadbourne. The colonel was almost
crushed. He referred contemptuously to
kilburn as a "chairwarmer'' and thought
longingly of the chair he would like to
the suit was postponed The coloneTs
lawyers were the most accommodating
in the world to their opponents.
Meanwhile ChadbOurne was becoming a
political hereto, and took no pains to
disguise his opinion that Gage was a
stuffed political prophet This heresy
came to the ears of the Governor, and the
chair in the Harbor Commissioners office
was lost to the colonel forever. The Gov
ernor began to speak disparagingly of the
colonel political proWeSs, even sneering
at his ability TO lombard the enemy with
the artillery of his lungs.
The fact that the colonel has adorned
the STAFF of Governor Budd became SuS-
plClOUS. Gage lost neither time nor OPP
portunity to indicate that Chadbourne had
fallen from his high estate. These symp-
toms of gubernatorial biliousness were
They went to Gage and begged him to
permit the HarbOr Commissioner to retain
his place The Governor was not adverse
TO the proposition He said that he was
sorry anyway that he had appointed
ChadbOurne, and he would not have done
one else of the same name who had
fought him.
With this encouragement the friends Of
Herold worked with renewed energy
Time for action was growing short and
the legal determination of the issue in
Every legal subterfuge for delay had been
used and Gage was asked to end it all
He did so by commanding Attorney Cen
eral Ford to withdraw the consent of the
State to the suit instituted by Chadbourne
and to order the dismissal of the action
be broken officially to-day by the attor-
neys to Chadbourne. The suit will prob
ably be dismissed tomorrow in Judge
Murasky's court, where it is now pending