The San Francisco call., 1899-05-06

Vides that all county governments
shall be uniform in their nature. The
new charter provides that county Off
GERS shall hold office for two years,
while the county government act pro-
vides that the term of office of all
county officials shall be four years. 1t
will also be held that under one of the
provisions of the constitution, in ac-
Cordance with which the charter was
drafted, no power is delegated to
curtail the terms of office Of officers
elected prior to the adoption of the
charter. The section referred to reads
as follows:
Where a city and county government
has been merged and consolidated into
one municipal government it shall also
be competent in any charter framed un
dsr said section of said article II to
provide for the manner in which, the
times at which, and the terms for which
the several county officers shall be elect
ed or appointed, for their compensation,
and for the number of deputies that each
shall have, and for the compensa ton
payable to each of such deputies. (Amend-
ment adopted November g. 1885,
F. w. Dohrmann, to whose efforts is
largely due the framing and adoption
of the new charter, believes that the
movement to test the legality of the
charter will result in ultimate benefit
TO the city.
Il understand that the county officers
will attempt TO hold their offices for the
four-year term in spite of the provisions
of the charter" said Mr.. Dohrmann yes
terday, but l have no positive informa-
that the city officers will contest the cleo
tiOn of their successors under the pro-
visions of the charter. So far as l re-
member the Board of Freeholders did not
consider the question of the constitution
ality of changing the terms of county
officers from four TO two years. We took
it for granted that the Legislature has
the power by the ratification of the char
ter to legalZe the provisions Of that in
Strument.
1T is not to be presumed that an in
strument such as the new charter is can
be put into force and effect without hav-
ing its legality and constitutionality
brought into question. In fact, it is very
desirable that this should be done in
order that there may be in future no
question as to the stability OF its pro-
visions. The sooner the matter is tested,
both as TO the charter as whole and as
to it's separate provisions, the better it
will be for the people of the city. If the
present officers of the city and county
intend to make this test /, for one, will
not object.
an opinion at this time as to the merits
of the contention that the provisions of
the charter do not affect the county OIL
GERS who were elected last November It
is a legal question which the supreme
Court will have to decide. l will say,
however, that even If it should be held
that the county officers are entitled to
hold office for the term of four years for
which they were elected, l am of the
opinion that such a ruling would have
no bearing on the standing of their depu-
ties and the other attaches of their Vari-
Gus offices.
IF the law is so construed as to ex-
empt the present county office holders
from the provisions of the charter such
construction could not be extended to
cover the employment of their ap-
pointeeS: these, l take it, will in any
event come at once under the rules and
provisions of the civil service clauses of
the charter. This being so, it cannot make
a great amount OF difference whether or
not the present county officers extend
the term of their lncumbency TO the END
of the four year period. If they are good
officers that is all that is desired, and If
the conduct OF their offices comes under
the civil service provision of the charter
this city will be none the loser.
LAS / said before, the charter will have
to stand the test of the courts, and the
sooner such test is made the better. If
the test is made in the manner lntimated
by the present office holders various COM
plications will ensue which Will in turn
| have to be submitted to the decision of
the courts. For instance, the charter
aboishes some offices and creates others,
as In the case OF the City and County
Surveyor This office is abolished by the
provisions Of the charter and in its stead
the office Of city Engineer is created
Should the courts hold that the City and
County Surveyor, as a county officer, is
entitled to hold office to the end of the
four year term for which he was elected,
then will arise the question Of the pow
ers and duties Of the City Engineer who
will be elected next November. These
things, as 1 say. will have to be settled
by the courts and If the question of their
settlement can be expedited in any way
the entire community will be benefited.
What / have said is based on the sup
position that some action Is contemplated
by the present office holders looking to-
ward securing for themselves the right
to hold office for the full term for which
thev were elected. | have no knowledge
! that this will be done. however, and it
may be possible that it will not be- The
first election under the charter may be
any kind, which would have the effect, of
course, of making operative from the
very beginning all Of the provisions of
the city's new organic law.