The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-11-12
He WILL invoke
THE PROVISIONS
OF THE CHARTER
DooIan Announced as
a Contestant.
DENIES SCOTS ELIGIBILITY
A THREE CoRNERED FIGHT is
THE FIRST BILLED.
Rumors Regarding Proposed Attacks
on the New Organic Law and Its
Civil Service Provisions
Circulated.
DENIES SCOTS ELIGIBILITY
A THREE FIGHT is
THE FIRST BILLED.

Contests are inevitably born of cleo
tons, but the last battle at the polls will
doubtless result in a series Of actions
to determine title to various Offices Of
greater interest to the people than any
that have occupied the attention Of the
courts for decades past. Among those
that will be filed the most exciting prom
Uses to be three-cornered affair for the
office Of Tax Collector. Edward l. Shee-
han, the incumbent, from a casual view
of the affair, seems at present to hold
the trump card. Mr.. Sheehan has an
nounced to his friends, those closest to
the official ear and confidence, that a
contest between Richard /. Doolan, Dem
ocratic candidate for the office, and Jo-
seph H. Scott, the successful Republican
candidate, is at present in course OF pre-
paration. The ground of contest as an
nounced will be that Mr.. Scott was not
an electer Of this city and county five
years next preceding his election. Doc
lan's forces claim that they can prove
this allegation and that after proving the
disqualification Of the elected candidate
the office will be the property of the con-
testant. On the other hand, Sheehan
purposes holding the Office until the title
thereto has been definitely settled, which
Mayor takes advantage of his prerogatiye
and fills the office by appointment pend
ing the outcome Of the litigation. Scott $
friends, however, point to the TACT that
heretofore many officials whose right to
the offices they occupied was being con-
tested took the oath and assumed the du-
ties thereof pending a decision, and are
confident that the first OF the new year
will see Scott on the inside and the con-
testants out.
If rumor, long-winded and persistent.
and semi official assertions are to be re-
lied upon litigation to invaldate various
tire lntrument, is yet In the embryonic
state. 1t is claimed by many Of the wise
politicians that infest the City Hall that
the United States courts will be appealed
TO in event the Supreme Court of this
State hands down an adverse opinion in
an action which. it is said, will be
brought by officials in office. among them
a few Supervisors, one city official and
two Of the so-called county officers, to
hold their jobs.
Just what points will be raised in the
action before the United States courts
are not in the possession OF the rumor
circulators, but they say 1t will be based
on the provisions Of the Federal consti-
tuition guaranteeing the people republi-
can form Of government, which they say
are plainly violated by the working Of the
new municipal organic law, which throws
them out of Office before their terms as
provided by law al the time of their cleo
ton have expired, and this instead of be-
ing republican, is nothing short of an
archy.
1neSe TurnOT ClTCul6tOrS also claim tnat
the Supreme Court of this State did not
finally pass upon the right of the present
officials to retain their offices until the
expiration OF the statutory period for
which they were elected. The Supreme
Court, they say. simply adjudged that the
charter had been legally adopted and the
Justices refrained from passing upon
points submitted to them as to the legal
title to the offices, that the record might
not be hampered by eXtraneous matters
not in issue in the case at bar. On the
other hand, however, it is the consensus
of opinion among prominent attorneys
that the action brought by the county
officers to enjoin the Registrar from put
ting their offices on the ballot finally dis
poses of the matter, and that those elect
ed under the charter will assume the du-
ties of office on the first of the year
Although the contest of otficeholders to
retain their positions has failed as yet to
assume a more formidable status than ru-
official silence, IL is almost certain that
the civil service clauses of the charter
Will have to stand the test of the law.
Prominent counsel have informed various
under oficials that these provisions are
unconstitutional. being in conflict with
section 16 of article Xxx Of the State con-
stitution. This section reads: when the
term of any officer or commissioner is not
provided for in this constitution, the term
of such officer or commissioner may be
declared by law; and If not so declared
such officer or commissioner shall hold
his position as such officer or commission
er during the pleasure of the authority
making the appointment, but in no case
shall such term exceed four years"
AS every official whether State or NIL
nicipa1. is considered by law to be an Of
ficer, 1t is claimed that as the civil SER
vice provisions ipso facto make certain
offices subject to life tenure or during
good behavior, the limit of four years