The San Francisco call., 1899-06-11
THEY PREPARE
TO DEFEND THE
NEW CHARTER
Election Commission
ers axe Action.
LEGAL COUNSEL APPOINTED
COUNTY OFFICE HOLDERS MAKE
A DEMAND.
Want Their Names Excluded From
the List of Oficiales to Be
Voted for at the
Primary.

Henry N Clement has been selected to
represent the Board of Election Commis-
soners and Registrar Steppacher in the
suit instituted a few days ago by Attor-
ney Ruef on behalf of Superintendent Of
Streets Fragley and others in the matter
of the validity of the new charter and the
municipal and primary elections soon to
be held This was decided yesterday DIT u
meeting of the Election Commissioners.
1t was also agreed that City and County
Attorney Lane, who is member of the
commission, shall act with Attorney Gle
ment in all matters pertaining to the suit.
Attorney Collins, who represents the
county officers who are seeking to retain
their places in spite of the new charter,
and who have filed a suit against the
Registrar and the members OF the Board
of Election Commissioners, appeared be
fore the commission with a formal de-
mand that in the call for a primary cleo
ton the names of county offices be eA-
Guided from the list of offices to be nlled
at the municipal election TO be held IN
November. He asked that the commits
sion deny the demand in order that he
might apply to the courts for writ or
mandate. The Supreme Court, he sad,
in hearing such q writ would necessarily
be compelled to go into the merits OF the
controversy and a speedy and lasting de-
termination of the merits of the conten-
ton of the county officers would thus be
brought about.
Commissioner Lane favored such Il
course for the reason that it would bring
the matter to a speedy issue and thus pre-
vent embarrassment and delay. lie SAID
that il such a step were not taken AttOr-
ney Collins would be forced to resort to
injunction proceedings at some later day
Inasmuch as the county officers are de-
termined to test their right to retain their
offices ii would be better, he thought, 10
have the question of their right to do SO
settled by the courts as speedily as pos
sible.
Mayor Phelan was not in favor of facili-
tating the matter in any manner He said
sue would be for the commission TO ignore
the demand and thus force the officials 10
resort to such other remedy as the courts
see tit to afford them. This view Of the
case was not supported By the other Com
miSsionerS, but at the suggestion of Com
missioner Lane final action was postponed
for one week in order to allow of certain
changes in the formal demand made by
the officials through their attorney
AS originally presented the demand in
cudes the names of Assessor Dodge and
Coroner Hill Both these officials deny
that they desire to become parties to the
suit on the ground that they do not wish
to oppose in any way the provisions of the
new charter. Their names will be stricken
from the list and at the next meeting Of
ed formally refusing to comply with the
demand to exclude county offices from the
call for a primary election. Attorney Col
Inns will then apply to the Supreme Court
for an original writ of mandate. and upon
the hearing of this writ will depend the
final determination of the contention Of
the county officials.