The San Francisco call., 1904-08-09
SLOSS AGAINST
The REGISTRAR
Superior Judge Restraints
Payment of Salaries Of
Many Illegal Appointees
UPHOLDs CIVIL SERVICE
Court Says Deputies Should
Have Been Selected From
List of Eligible Clerks

Superior Judge Sloss yesterday
granted a temporary injunction to pre-
vent the payment of the salaries Of
twenty-five or thirty deputy registrars
who were appointed by the Board Of
Election Commissioners and have been
performing the duties of their office.
This action was taken in the suit of
Frank j. Symmes, president Of the
Merchants Association, against Audit
or Baehr and Treasurer McDougald.
The court overruled Baehr's demurrer
and ordered that a temporary injunc-
ton issue upon the plaintiffs provid-
ing q bond in the sum of $1,000.
Judge Sloss' ruling upholds the Civil
Service Commission. The wording of
the opinion is sufficiently strong to in
dicate that the present deputy regis
trars were Illegally appointed and that
their successors must be named out of
the eligible lists OF the Civil Service
Board.
Judge Sloss' opinion is in part as fol-
lows:
This is a suit to enjoin the Auditor from
salary demands of seven persons appointed by
the Board Of Election Commissioners deputy
registrars The case now comes before the
court on a demurrer TO the complaint and an
order to show cause why a temporary intunc-
ton should not be issued
II appears from the complaint that March
"A. 1904. the Board of Election Commissioners
appointed seven deputy registrars at q monthly
salary OF 800 each and that of the per-
sons so appointed had been certified to the
election commission by the Board OF Civil
Service Commissioners. 1t is alleged that at
tho time there were more than seven candi-
dates upon eligible lists OF the classified civil
service who could and would have been GER
titled by the civil service.
The defendants contended that the plaintiff
would not be injured by the payment OF these
salaries and that in any event he has an
adequate remedy at law by suit against the
Auditor Treasurer on their official bonds.
1 think there is no force in the point that the
Auditor Treasurer be sued on his off,
cial bond. That is not a remedy available to
the plaintiff; furthermore the same argument
was applicable in the cases cited where the
remedy allowed -
II is claimed that as the classification
the Civil Service Commission contains q CLASS
OF deputies registrars offce),' and there
were not enough names on that list to hll the
places in question, the Board of Election Com
missonerg was not required to take names
from the lists OF ordinary clerks. But II is
alleged that there were more than seven can
did6tes standing upon the eligible lists Of the
Civil Service Commissioners in these two
classes who could and would have been certi-
Under rule 20 adopted by the Civil Service
Commissioners II rested with them to certify
names from either list, II in its opinion those
lists equally conform TO the requirements OF
the position to be filled. and II was not com
petent for the Election Commissioners to re-
fuse names merely because the designation on
the eligible list did not agree with the title
which the Board of Election Commissioners
had given to the clerical assistants whom they
were authorized to employ.
The evidence introduced the hearing of
the order TO show cause does not IN any way
affect the views Just expressed.