The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-24
CANNOT
Be APPOINTED
BY THE JUDGES
Effects Of Supreme
Court Decision.
SEVERAL OFFICES CRIPPLED
COUNTY CLERK NOT THE ONLY
ONE TO SUFFER.
Strong Efforts to Be Made to Secure
Modification of the Rul-
ing-Payment of
Deputies.

There are several municipal officers, in.
GLIDING the District Attorney, Superin
tendent of Streets and License Collector,
who have discovered that they are in the
same boat with the County Clerk, ana
that their office forces have been greatly
curtailed by the recent decisions OF the
Supreme Court. None of them have yet
decided upon any plan of action, but they
are hoping that a rehearing will be grant
ed, and some modification of the Original
decision made. They all declare that the
business of thei Irrespective offices has in
creased to such an extent that ii will be
utterly impossible to properly transact
business with the force provided for by
the law of twenty years ago All the
offices affected will confer shortly and
reach some agreement as to what course
to pursue to secure modification or the
decision.
County Clerk Deane returned from
was met at the depot by Managing Dep
uty Joseph Goddard. Mr.. Deane and Mr..
Goddard held a brief consultation and
then parted. Later in the day Mr.. Deane
ment was reached between them as to
the course which will be pursued under
the decision of the Supreme Court
Auditor Wells has agreed to audit the
demands of the deputies in my office up
to the time the Temittitur arrives from
the Supreme Court" said Mr.. Deane.
The remittitur will not arrive, in all
probability. until about thirty days, and
in the meantime a plan of action can be
perfected. If this decision is final all |
can do is TO live up to the law and cut
down the staff under me. in keeping with
the decision 1t will work no hardship
upon me: the public alone must suffer If
the work in the Office drags but l can As
sure the people that [ will do my best to
keep matters running with the limited
force allowed me by law
'H6WeVpr I hardly think the decision
will stand as it is now. There has been
some talk that the Superior Judges had
authority TO appoint such officers as may
be necessary to conduct the business OF
their respective departments, but l am
informed on the best legal authority that
they have no power to appoint clerks, q; ad ~
for eight courtroom clerks. while there
are twelve departments. The Superior
Judges will not submit TO TINS nor VII
the Bar Association. OF course there VII
be an application for rehearlng, ana !
rather think that some sort of conference
will be held at which a compromIse, MI; WI
whereby the County Clerk Will be gwen a
sufficient force TO conduct his offlce with
out interfering with the proper admins
@This decision sets the County Clerks
Office back to its condition when the new
constitution went into effect IN lS'9. A
ments of the Superior Court and the bus
mess of the office was not 10 be compared
to what it is now. 49,
Auditor Wells said: Il shall homo
these demands the same as heretofore
until the remittitur is handed down. Th
clerks and Judges can by that time de
termfne what they shall do. The. Law
under which these clerks are employee
went into effect in 1880, when San Fran
cisco was but a village. / believe at tina
time the Auditor and one clerk carried
on the business of this office. The city
has grown in size since then, however
and personally 1 do not believe that tn
County Clerk has any more clerks thar
were needed to carry on the work OF nj:
department. With only twenty-sever
clerks it will be impossible to do the
work. I suppose the courts will order ex
ira help and send special court orders fol
the salaries of the clerks. These | an
compelled to audit. Except for makinE
more work for this Office. | do not be
lieve the decision of the Supreme Cour
will make much difference. We will have
to keep two accounts. one for court or
ders and the other for the clerks EN-
ployed by the County Clerk. The remit
titur will probably not be handed dowr
for about thirty days.
Auditor Wells and County Clerk Dean'
the Auditor is of the opinion that thu
courts can appoint clerks. the County
Clerk says he has high legal authorit!
to the contrary. The Superior Judges arr
expected to take some action in the mat
ter Monday, for one and all declare the!
cannot hold court without a clerk.