The San Francisco call., 1906-11-01
MACKENZIE FIGHTS
TO RETAIN JOB.
Serves Injunction on Mattos
and the Board of State
Harbor Commissioners
ANIMATED SESSION

A battle is on for the prestige and
emolument attaching to the Office of
State Harbor Commissioner. Aligned on
one side are Governor Pardee. Charles
II. Spear and Henry J. Crocker. On the
other side are Garret W. McEnerney
and his client, John d. Mackenzie. The
preliminary skirmishing at the Ferry
building yesterday afternoon was quite
exciting. Last Monday Governor Par
dee appointed Senator J. G. Mattos Jr.
of Alameda County Harbor Commits
Eioner. to succeed John D. Mackenzie,
whose term of four years expired on
March IL. 1906.
Early yesterday morning c. H. Spear,
president of the board, was apprised
that Mackenzie proposed to contest the
validity Of Senator Mattos' appoint
ment. Spear was surprised when Mac
kenzies plan Of action was disclosed
without delay Spear called for spe-
cial meeting OF the board in a notice
addressed TO. Mattos and Crocker.
MATTOs FILES HIS BOND.
Meanwhile Senator Mattos was
not idle. At $50 o'clock he
filed with the secretary Of
fetal declaration of his appointment,
together with the oath Of ofhce exc
cuted in Sacramento kilograms from
Secretary of State Curry were also filed
These kilograms conveyed the intelli-
gence that the Official bond Of Mattos,
approved by Governor Pardee and
Treasurer Reeves. had been fled in the
Secretary Of States Office. The bond
is in the sum of $4,000 with the Fidel-
ity Company as surety.
The point OF the controversy IN
brief. is this: Governor Gage ap-
pointed Mackenzie in an interval be-
tween sessions of the Legislature.
When Governor Pardee came into office,
succeeding Gage, MackenZie's appoint
naent was sent to the Senate by Pardee
and duly confirmed. Mackenzie now
contends that his term viii not expire
until four years from the time that
Pardee sent his name to the Senate. 1t
is an admitted fact that Mackenzie has
served as Harbor Commissioner four
years and seven months.
As the hour appointed for the meet
ing drew near Spear. Crocker Mattos
and Secretary Foy held their respective
watches in hand, comparing the time
with the clock in the presidents Of
fee.
At 4.SO Spear called the meet
ing to order. Mattos handed the secre-
tary certain Official documents certify
ing that the Senator had been ap-
nointed Harbor Commissioner to sue
ceed John D. Mackenzie, and had taken
the oath of office and filed his bond
The president directed that the record
as read by the secretary should be
placed on the minutes.
MACKENZIE ENTERS PROTEST.
Just then John D. Mackenzie and
Garrett McEnerney came in. Hearing g
that the board was in session and had
recognized Mattos as Commissioner
Mackenzie exclaimed, 7 desire to put
in a protest I am still Harbor Com
missioner"
Out Of the din which followed this
announcement came the word 'injunc-
ton" young man flashed a
document in Spears face, and
a similar writ was placed before the
counteuance of the perturbed Mattos.
As Judge SeaweIl issued only two
copies Henry Crocker had TO go with
out his Injunction.
Divested Of all redundant verbage the
writ from Judge SeawelTs court COM
raands the Commissioners TO do nothing
until November 9, and as that is what
the board has been doing for long
time the inference is that the order
OF court will be respected