The San Francisco call., 1905-08-31
Auditor Acts In
dependently of
Schnitz.
is REFUSED
Court Says the
Surety May
Withdraw.
MAYOR ANGRY
AT SITUATION

Delivered. hguratively. into the hands
or his bondsmen. who. though well paid
Tor the service and tempted with rich
er offers. refused TO longer take risks on
MS official integrity. Commissioner OF
Works Frank A. Maestretti was re-
moved from his position yesterday by
Auditor Harry Baehr.
Mayor Schmitz upon whom the ra-
sponsibility for the removal OF Macs
tretti should have fallen primarily the
power or removal veSting in hts Office
and that Of the Auditor. refused to
move. though lashed by a decision Of
Superior Judge SeaweIL Baehr. how
ever recognizing his duty. divested
Maestretti of his Office and relieved his
surety. the Aetna Indemnity Company.
of further hazard as his bondsman.
When the word reached him that he
was no longer of the reigning Nk.
Maestretti, who was occupying the
chair at a meeting of the Board OF
Works, rose and stalked out of his
offiee. stating, however, that he soon
would have personal or corporate
bondsmen ready to insure his return to
power.
DUTY OF THE MAYOR.
When Mayor Schmitz heard OF the
action OF Auditor Baehr in summarfly
removing Maestretti he was angry.
IF he is really out" said the Mayor.
u
have not been officially advised of the
action of the Auditor. so as yet can
take no official action" And this was
in the face of Judge Seawelrs decision,
handed down at ~ o'clock yesterday
morning, denying Maestretti's petition
for an injunction to prevent the Aetna
Company from withdrawing as surety on
his bond. In 1t the court says:
The statute is clear and explicit
a N
ment, be relieved from all liability, and
that in ten days the officer with whom
the same is filed must make an order
declaring such ONCE vacant. 1t seems
to me to be in conflict with the spirit
OF the law to say that the officers with
whom the statement Is filed should de-
fer their declaration of removal until
the end OF some litigation that the Of
ficer might commence against the sure
ty"
Mayor Schmitz was served, on the 7th
inst, with notice that the Aetna Com
pany had withdrawn from Maestretti's
bond Ten days passed and then TWEEN
ty. but he took no action against the
boss OF the Works Board That IL
was his duty to so have done. the court
points out, but he made no move. Now
Maestrettt has been removed by the
Auditor over the Mayors head, but In
the exercise Of his authority. the Mayor
says he viii reappoint to power the
man that has been weighed by the
indemnity companies and found want
ing.
Auditor Baehr's order removing
Maestretti from office Is as follows:
It duly appearing that the Aetna Indemnity
Company, a corporation. surety on the official
Of the Board OF Public Works Of the city and
County Of San Francisco, State OF California.
did on the 5th day OF August. 1905. duly his
with the undersigned, the Auditor OF said City
and County OF San Francisco. and did the
eth day OF August. 1906. duly dle with the
City and County Of San Francisco. a notice
and statement in writing. setting forth tbs
desire OF the said surety company to be re-
neved from all Liabilities thereon afrerward
arising. and the reasons therefor. which state
ment subscribed and verified BY said
surety, provided by law;
MAESTRETTI Is SERVED.
And it further duly appearing that copy
Of said statement duly and regularly
served on said Frank A Maestretti. Commits
sioner as Aforesaid. and the officer named in
such official bond, and that due return and af-
ffdavit Of service thereof has been made and
filed with the undersigned and with the Hon
E E Schmitz. Mayor as aforesaid. on tns
And it further duly appearing that the Pc
service Of such notice and that such officer
has not given good and ample or any surety
for the discharge OF all his official duties as
Now therefore. BY virtue OF the authority
In me vested by law. It IS hereby ordered that
the office OF Commissioner OF the Board of
public works of the City and County OF san
Francisco state OF California heretofore held
bv the said Frank A. Maestrettf IS vacant.
and said office is hereby declared vacant.
And il Is further ordered. That said the
Aetna Indemnity Company. the surety afore-
said is hereby released from all liability here
after to arise such official bond
Dated at my office at the New City Hall. in
said city and County OF San Francisco, this
HARRY BAEHR.
Auditor OF the City and County OF San Fran
cisco. -.
In his decision denying Maestrettf
co.ffuu>S A. Pare 4 Column z.