The San Francisco call., 1899-12-03
into office at the same hour.


Section 10 of the civil service law au-
thorizes the heads of departments and
officers, with the approval of the civil
service commissioners, to make immedi-
ate temporary appointments as follows:
ITO PREVENT THE STOPPAGE OF
PUBLIC BUSINESS or to meet extraor-
dinary exigencies the head OF any depart
PRov%L PRO- Al 0tofs oF TME ra CoMM1ssfoNERs, N M
make TEMPORARY appointments. to re-
main in force not exceeding sixty days,
and ONLY until REGULAR appoint
ments, UNDER THE PROVISIONS OF
THIS ARTICLE CAN BE MADE"
What language could be palmer than
tnisE TO what state or facts does IL ap-
ply? Obviously to the change from the
old system to the new.
The words: ITO prevent the stoppage
OF public business" simply mean that dur
ing the transition period from the old TO
ties and employees. the heads of depart
ments or officers, may, with the ap-
proval of the commissioners" make
temporary appointments" until regular
appointments under the provisions of the
civil service act ''can be made" This is
the plain and obvious meaning and appli-
cation OF the language Of the law itself.
NO construction" is necessary.
Again, the language is: ITO prevent
the stoppage OF public business, OR TO
MEET EXTRAORDINARY EMER-
GENGIES, the head Of any department
provides that the public business shall
rot be PREVENTED or STOPPED when
the new charter goes into effect. but II
MEET ANY FUTURE EMERGENCY fsGfS Y
that may ARISE. The Civil Service
commissioners are not only clothed with
authority TO PREVENT ANY STOP
PAGE OF BUSINESS in the first place
when the charter goes into effect, but
also at any time thereafter TO MEET
any EXTRAORDINARY EMERGENCY Y
they may authorize temporary appoint
ments."
Then again section II of the civil service
law provides rs follows:
'An officers. courts. boards and neads
OF departments vested in this charter
with the power TO appoint deputies,
clerks, stenographers or employees in any
of the offices or departments OF the city
and county mentioned in this section
shall make such appointments IN CON
FORMITY WITH THE RULES AND
PROVISIONS. PRESCRIBED BY THIS
NOT so MADE SHALL BE VOID"
Here the language is equally plain and
free from ambiguity. 1t requires that all
formity with the rules and provisions pre-
scribed by this article" What are "the
rules and provisions prescribed by this
article?' Is not section 10 above quoted
a part OF this article?" Under the pro-
visions Of section 10 all heads of depart
ments and officers may with the approval
of the Commissioners make temporary
pointments under the provisions OF this
article can be made" If the heads Of
departments and officers should assume
to make PERMANENT instead of TEN
PORARY appointments what would be
the consequence? Section IL answers the
9TesstTIDgn- dr i says: gG .AT ANY GA APPOINT;
VOID"
Here. then. are two provisions Of the
law. both entirely free from ambiguity,
setting forth as plainly as human lam
guage can speak the intention OF the law
makers that the provisions of the civil
service law shall take effect and be opera
tive instantly upon the charter itself TAX
ing effect. Under such circumstances ]
decline TO elaborate a theory of construc-
say impossible, task to Mr.. Squires, sur
missing that he will have similar success
10 that of the counsel for the other mem
bers OF "the push" who recently sought
before the Supreme Court TO negative the
plain provisions Of section Si2. article
XI, of the constitution by "an elaborate
theory of the construction" with the re-
suit that distinguished member OF the
bench. Justice Mcfarland disposed Of II
by simply referring 70 the section itself
as sufficient answer to all the learned
arguments.
Now. notwithstanding the foregoing
provisions TO which I have called atten-
ton. Mr.. Squires makes the strange pro-
position that because the Civil Ser
vice Commissioners first appointed Will
have 10 Classify" the places Of employ
ment make rules for examinations OF
applicants and hold examinations under
plicants for appointments, as required
In sections 2, and of the act. AL OF
which will necessarily take from four 20
six weeks TO accomplish, that therefore