The San Francisco call., 1905-06-03
Judge Holds Health
Boards actions
Dishonest.
Political Subtey7uge,
Nor Economy,
the MotIUe.
Court WIHNot Help
to Defeat CIUiI
SerUice.

The schmitz administration has met
decisive defeat I'm it's effort TO wreck the
civil service scheme of the charter. The
defeat for the administration was con-
fained I'm q decision handed down yes
terday morning by Judge Sloss in the
suit brought by John Z. Quinn, former
Civil Service Commissioner and a d.
rector of the Merchants Association.
The suit was brought to restrain the
Auditor from passing the demands upon
the treasury OF employees Of the Board
of Health who were put in office after
the Illegal removal of civil service ap-
pointees whose political affiliations
were unsatisfactory to the dominant
party.
The men Illegally appointed were Louis
Levy, who was given the title of Deputy
Health Inspector, succeeding Secretary
James A. Emery, and Drs. c. A Glover.
c. W. Goodale, NJ. ]. Walsh and ]. NJ.
Hannah, who were decorated as inspect
ing physicians, succeeding sanitary in
spectors provided for in the charter.
These were r. z. Hartley and John
Green. Levy was TO be paid $50 month
during the first six months of his employ
ment and s175 thereafter. while the ply
sicians were each TO receive 500 monthly
Before they could reach the treasury,
however, Quinn filed his suit, and Judge
Sloss has decided against them. AS
temporary injunction was issued against
the Auditor when the suit was filed, the
illegally appointed officials have not
drawn a dollar from the treasury, nor
will they receive dollar for their eight
cen months service If Judge Sloss' deci-
sion is upheld by the Supreme Court
Whether or not the officials illegally re-
moved TO make way for those appointed
are entitled TO the salaries attaching to
the offices is q question that must be de-
cided by further litigation.
POLITICAL SUBTERFUGE.
In his opinion Judge SIoss shows the
fullest contempt for the contention Of
the Health Board that the change of Of
1cfals made in the interest of econ
omy. He finds This contention to be
naugbt but a political subterfUge to re-
ward those who aided the administra-
tion in attaining dominancy and TO re-
bUke those who Joined their fortunes
with the defeated parties. He also finds
that the board did not exercise good
faith. but by peorI. disguised evasion
sought TO override the organic law of
the city.
In his opinion Judge sloss says in
part:
The plaintiffs contention is that these pow
ers OF abolition and creation while necessarily
resting in the discretion OF the board must
Be exercised in good faith for the public ssrv-
ice. and. cannot be made q cloak for the pur-
Pose Of eTaoing provision OF the charter rela-
tive 70 the appointment Of persons In the classi
fed civil service list Of the city and county
In other words il the real purpose OF the board
was 10 remove certain employees and to replace
them with others this object which could
not be directly accomplished without violating
the provisions Of the charter was not ca pa bic
place and creating another with substantially
the same duty and giving IL new title And
this contention is sbundantly sustained by
Notwithstanding the fact that the deputy
health officer. nominally at least took the
places OF four five Of the old employees, cir
comstances surrounding the meeting OF the
board at which the changes were made go far
10 demonstrate that the ma jority OF the board
was seeking to dispiace subordinates who were
10 them and 10 SUBSTITUTE another or Others
70 place them better The control OF the board
had jItst passed from the adherents Of one po-
iticel party 10 those Of another. and IL was evil
IDENTIFY thought desirable 10 give certain places
Of employment TO followers Of the dorninent
faction.
POLITICAL WHEEL TURNS.
As stated by the president OF the board
turn q the political wheel" This turn was
the controlling for the changes. even
same time have felt that they were promoting
efficiency and economy In the managemnt OF
the department
ground that the Board OF Health had not power
TO iii places occupied by civil service employees
except by means OF requisition upon the Board
Of civil Service Commissioners for names of
eiigibles from the classified list. For the de-
termination Of this question. II is immaterial
whether or not the incumbents were properly
removed. II q not intended therefore in this
opinion 10 decide the question. which was
quite fully argued, whether or not the persons
displaced held at the pleasure Of the appoint
ing power pursuant 10 article 20 section 16
OF the constitution Whether they did or not,
II incumbent upon the Board of Health in
filling their places make the appointments
IN the manner laid down in the civil service
For the foregoing reasons the preliminary
injunction asked for will issue upon the plain
tth fling undertaking in the sum OF $1,000
and the demurrer will be overruled with leave
70 answer within ten days.
AS all Of the evidence in the case was
taken upon the hearing of the demurrer
interposed by the defendants. the right
given the defendants by the court 10 an
swer the complaint is negative one, for
the case now stands decided upon its
merits So nothing remains TO the defend
ants but TO appeal. though ii is generally
held that such action would avail them
not