The San Francisco call., 1905-02-01
CIVIL SERVICE
HAS DEFENDERS
Senator Wolfe Father of a
Move to Protect the Merit
System in municipalities
PROPOSED AMENDMENT
Change in Charter PrOyi-
sion That Conflicts With
Constitution Is Intended
Special pispateh % rh. can.

SACRAMENTO, Jan S1-That further
protection may be given the civil SER
vice employees of San Francisco, Sena-
tor E. l. Wolfe is hurrying along his
proposed amendment to section Is Of
article NIX of the constitution of the
State Franklin K. Lane, who has
been in the city for the last few days,
is also taking an active interest on
behalf of the measure. saying that in
his opinion IL is one that should receive
the favorable consideration OF the
Legislature and then ratification by the
people.
Section 16 of article Xxx provides as
follows: When the term of any officer
or commissioner is not provided for in
this constitution, the term of such
officer or commissioner may be declared
by law; and, if not so declared, such
officer or commissioner shall hold his
position as such officer or commissioner
during the pleasure of the authority
making the appointment; but In no
case shall such term exceed four
years" Regarding his proposed
amendment, Senator Wolfe said to-
day:
Under section 12 Of the charter OF San Fran
cisco relating to civil service employees every
officer and employe of the city and county OF
San Francisco is entitled to a trial after writ
ten verified charges have been fled before he
can be removed from office. At a meeting
OF the Board Of Police Commissioners In san
Francisco. held in December last. ex Commis-
soner Hutton raised the point that section
II Of the charter of San Francisco was un
constitutional in view OF the fact that II was
in conflict with section 16 OF article Xxx OF
the constitution, for the reason that the term
of office OF the members Of the Police De-
therefore under section '1o OF article Xxx they
held at the pleasure OF the appointing power,
but in case longer than four years and
could be dismissed at the pleasure OF the ap-
pointing power.
The Supreme Court OF the State Of Califor-
MIA In 12T Cal Reports and 132 Cal Reports.
while declining to pass squarely upon the point
to the constitutionality OF section u OF
the charter Of San Francisco has squinted at
its unconstitutionality. So that the matter
now stands the main feature Of the civil -serv-
ice system which is hxed tenure OF office dur
ing good behavior appears TO be in danger.
The purpose OF the proposed constitutional
amendment will remove this danger and in ex-
section 16 of article Xxx OF the State consti-
tuition ANY officer employe Of any muntct-
pality governed under legally adopted char
ter and will provide further that the pro-
visions OF such charter with reference to the
tenure Of office OF dismissal from office Of
any such officer or employe shall control
1t Is but fair to say that notwithstanding
what the views OF the Police Commission may
Of the charter which guarantee the right OF
trial to any officer, they would nevertheless
see that such officer had a trial before hs
would be dismissed But commissioners might
and 1t IS in order that the most important
feature of sthe civil service system may be
Safeguarded, not only in San Francisco and
in the Police and Fire departments OF that
the State may be protected this amendment is
introduced