The San Francisco call., 1903-12-30
DUKE TO WEAR
CAPTAINS STAR
Police Commissioners Appoint
Highest Man on the Eligible
List to Succeed Birdsall.
STRONGLY FAVOR BURNETT
Conflict With the Civil Ser
vice Examiners Regarding
Candidates for the Position

The Police Commissioners last night
appointed Lieutenant Duke to the cap
taincy left vacant by Ehe death Of Cap
tain Birdsau. Previous to the appoint
ment of Duke last night the Police
Commission had a tilt with the Civil
Service Commission. Several days ago
athe Police Commission sent TO the Civil
Service Commission a requisition for
the n0nes Of the three highest men
Who took the recent examination for
The position Of police captain.
The civil Service Commission re-
fused 10 comply with the demands Of
the Police Commission and sent it but
one name. tl,st of Lieutenant Duke,
who stood the highest in the examina-
ton.
The Police Commission wanted to ap-
point Lieutenant Joseph Burnett to the
vacant captaincy. The Civil Service
Commission claimed the right under
the charter to certify 10 il the name Of
but The one g.nS
Commissioner Howell Of the Police
Commission said that he did not think
that the Civil Service Commission was
dictiOn He referred to the recent de-
cision Of Judge Seaweu in a like case.
which did not uphold the Civil Serv-
lice Commission in its action. When
asked why the Police Commission had
made a requisition for three names in
stead Of one, President Howell said
the board had wanted the three in case
they should wish to choose from them
10 III the vacant position OF captain.
The demanding Of but one name, he
said, would virtually leave the ap-
pointing power in the hands Of the Civil
Service Commission.
Commissioner Drinkhouse stated that
personally he was in favor Of taking
into consideration an aDpointee's work
on the police force and the action Of
the board in making a requisitiOn for
three names was the outcome Of Chief
Wittman's desire 10 have Lieutenant
Burnett appointed TO the vacancy be-
cause OF his ability as a police officer
snd his service on the force.
Although the board as a whole did
not agree with the members Of the
CIVIL Service Commission in regard to
its right 10 refuse to certify to three
names when requested, IL, appointed
Duke rather than enter a legal squab-
ble with them. The whole move was in
keeping with the desire OF Chief Witt
man TO have Burnett captain of the
central station. which lies in a district
wiki which he is thoroughly familiar.
The retirement Of Captain Dunlevy
% the Harbor station, which viii
shortly occur, viii create another va
cancy. elus giving a captaincy to Lieu
tenant Burnett. 1t may be that Chief
Whitman win assign Duke TO some 9TH
er station, leaving the Central station
as il is until Burnett is appointed t0
the office Of captain. Last night Chief
Whitman said that he had not as yet
decided what he would do with Duke.
but said that he would take the matter
under advisement between now and
January ]. when Dukes appointment
goes into effect He hinted that he
might make a general change and put
Duke wherever he saw fit. which right
is given him under the charter.
President John w. Rogers Of the
Civil Service Commission upheld the
commissions : action in refusing to Ger
tifv 10 the three names as demanded
by the Police Commission. He claimed
that under the new charter the Civil
Service Commission had the right to
make such rules for the government Of
the examinations and giving out Of ell
igible lists as it might choose. HE said
that the case Of the Police Commission
was similar 10 the one in which the
civil Service Commission had been en-
gagged for the last three months with