The San Francisco call., 1905-04-12
WANT LIBRARY
BOARD OUSTED
Two Taxpayers Petition the
Mayor to Appoint Eleven
Trustees of Institution
SAYS LAW is VIOLATED
Claim Tenure of Office of
Incumbents Is Illegal, I'm
constitutional and Void

petition signed by M. A. O'Conor
ana G. p O'Dowd, for themselves and
other citizens, residents and taxpay-
ers, was filed yesterday with Mayor
Schmitz requesting him to appoint
eleven competent persons as members
Of the board of trustees Of the pub
lie library as provided by section 1.
chapter Z, article of the municipal
charter. The petition follows close
upon the suit recently brought by
O'Dowd and others to oust the present
library trustees on the alleged ground
that their tenure of Office is illegal.
The suit viii cause considerable delay
in the building OF the new public Ii
brary on Hayes street should the lit
igation be long drawn out. The peu-
ton TO the Mayor reads:
We make this request and demand because
there are no persons now legally holding Of
ices as library trustees. the section of
the charter under which the incumbents claim
% have been appointed is Illegal. uneonstitu-
tio1nsA ana Nolo- ne section violates section
4 Of the fourteenth amendment Of the con-
stitution OF the United States by depriving
taxpayers OF their property without due pro-
cess Of law. II also violates section 25 Of
article 20 OF the constitution Of this State in
that:
Il ia a piece OF local and special legislation
regulating the election of county officers: il
releases and extinguishes the liability or obi
corporation; IL legalizes against said corpora
tion the unauthorized and invalid acts OF the
persons pretending TO as said board of
trustees ana the provision for their election
snd continuation in office is a special priv
lege not conferred on such boards at all.
The persons now pretending TO be said trus-
tees rest their claim on q theory Inconsistent
with all constitutional governments by Tor
and OF the people and having all the objection
able features Of monarchical and oligarchical
forms Of government. II is your duty as an
American citizen. sworn TO support the con-
sttutiOn. 70 end this precedent so that II will
not extend TO other departments of the city
and State governments.
We believe IL is your duty TO make such
appointments forthwith, as no possible harm
can come TO the city and county no nratter
what the final decision Of the courts may be
but great good will come from such appoint
ment and contest II the incumbents are hold
ing their Offices illegally and thus using and
cisposing Of the peoples money without right
and authority OF law. We viii bring and pros
ecute such petitions for writs OF quo war
ranto Immediately after such appointments
anc VIII do everything in power to en-
force the constitutional and other laws ap-
plicable thereto and beg 10 remind you that
said charter makes IL your specific duty to
see thar the laws are enforced.
Although said charter expressly provides in
section = chapter l. article f. that its Of
foers shall be appointed by the Mayor of the
city and county or elected by the people yet
the Legislature itself made the selection OF
said pretending members Of said board
The Mayor is out of town. so his
views on the petition could not be as
certained.