The San Francisco call., 1904-12-14
WOULD UPROOT
new BILLETS
Merchants Association At
torneyS Make Attack on
Health Boards AppointeeS
TRY TO VACATE PLACES
Counselor Ruef Strongly
Contends That There Are
No Grounds for the Action

Argument was begun before Judge
Sloss yesterday morning on the suit of
J. z. Quinn, backed by the Merchants
Association, for an Injunction pre-
venting Auditor Baehr from paying
the salaries of Deputy Health Officer
Louis Levy and Inspecting Physicians
GoOdale, Hannah, Walsh and Glover.
The argument was opened by Abe
Ruef. representing the employees of
the Health Department. He was fol-
lowed by H. Wright and Franklin K.
Lane, representing the opposition. At
the hour Of adjournment Lane had
not concluded his argument. It will
be resumed tomorrow morning.
Ruef contended that the men ap-
pointed by the new Board of Health
last January were not employees, but
under the State constitution were Of
ficers, and as such could not be placed
under the classified civil service list.
Wright and Lane. on the other hand,
attempted to show that these men
were appointed to take the place of
employees, did the duties of employees
and should accordingly have been Sc
lected from the civil service eligible
list. They further sought to show
that the appointments had not been
made in good faith. quoting from the
testimony given in court and before
the Supervisors to show that the
members of the board knew neither
the men they were discharging nor
those they were employing.
Ruef contended that the inspecting
physicians, by reason of their being
appointed as physicians, their medical
knowledge and the peculiar work re-
quired Of them by the Board of
Health. were exempt from civil SER
vice, as the charter expressly provides
for such exemption. He also showed
that the Civil Service Commission
took this view, as it approved the ap-
pointment of Drs. Glover, Goodale,
Hannah and Walsh.
LEWIS STRENUOUS WORK.
He presented figures to show that
previously there had been six sanitary
inspectors, and this number was cut
down to four for the sake Of eff
cheney and economy; also that the
appointment of Deputy Health officer
Louis Levy effected a saving of su-
pernu- erary salaries of s630O, and
that the city had been by the change
saved $4,000 a year, the deputy
health officer having taken the place
of five men, and, further. when the
Supervisors made out the last budget
it had by reason of this saving with
held that sum from the Health De-
partment.
Mr.. Ruef argued that there was no
charge made that the Civil Service
Commission was corrupt or had con-
spired, and since 1t was not made the
court must be bound by its action, as
it was a quasi-judicial body estab-
lished by the charter.
Attorney Wright quoted the char
ter TO show that the Civil Service
Commissioners and they alone have
the right to classify places. If this is
not the case, he said, you might just
as well cut out the portion of the
charter relating to civil service, as any
department may establish unusual
qualifications for an office in order
that a favorite will get the appoint
ment. On this line he used as an in
stance the position of Deputy Health
officer, which was created almost a
year ago, but for which no examina-
ton has ever been held.
RUEF'S PLEA ASSAILED.
So far as Levy was concerned
Wright stated fatty that he was not
performing the multiferious duties
which it was said he would perform
when the appointment was made, that
he was nothing more nor less than the
secretary OF the board and as such
should have been appointed from the
civil service eligible list.
Franklin K. Lane opened his argu-
ment by contesting the right of any
board to specify the qualifications of
those to be employed by it. This
Board of HEALTH" he said, created
new places before it knew what the
duties of the men they were employing
would be. One of its members had
been appointed but a few hours be-
fore he introduced the resolution dis
charging certain men and appointing
others, giving new names to the posi-
tions. Let the board hold a competi-