The San Francisco call., 1908-11-11
TRIANGULAR FIGHT
FOR JUSTICESHIP
Republican Machine, Governor
and Knight and Supervisors
in the Contest
Prospect That Appointment of
Van NOstrand's Successor
Will Be Taken to Court

" nlAe the men OF ltle ioCdl IGpuDil-
can machine are bowling that Governor
Ginett and George Knight are going to
throw down the organization by ap-
pointing as justice Of the pease man
whom they charge with the horrendous
offense of being a Lincoln Roosevelt
Lacquer, the board of supervisors is
seriously considering the advisability of
filling the position on its own account.
Unmindful OF the conflict which
RACES about the rival claims TO the
5usticeship Of William H. Smith, deputy
city attorney. and Hamilton Bauer, no
tary public and republican county COM
mitteeman. certain supervisors are
overhauling the code in search Of law
that viii warrant them in taking the
appointment out Of the hands Of the
governor
Supervisor Murphy spent considerable
time yesterday looking into the ques-
tion, and as a result OF his investiga-
tion said that il looked as if the power
70 name the successor to Justice Van
NOstrand were vested in the board of
supervisors. Supervisor Murphy made
It plain that the board was not going
10 lose the opportunity TO appoint
through any bashfulness about assert
ing its rights. So the duel Will prob
ably become a triangular affair, with
the governor and George Knight at one
angle. the local republican machine at
another and the board Of supervisors at
the third.
RIGHT OF SUPERVISORS
Supervisor Murphy bases the right of
the board to make the appointment
upon the language OF section of the
code Of civil procedure which reads as
follows:
II a vacancy occurs in the office Of
justice Of the peace, the board of su-
pervisors of the county shall appoint an
eligible person TO hold the Office for the
remainder Of the uneXpired term"
To prove that the term Supervisors
of the county" is applicable to the
city and county OF San Francisco. Su-
pervisOr Murphy quotes from section II
OF the code, which says the word
county includes. city and county"
When Governor Pardee appointed Isl
dor Golden TO the justice bench the
board Of supervisors claimed the right
10 make the appointment and named
Walter Dorm, a local attorney. Golden
obtained possession Of the Office where
upon Dorm applied to the attorney gen
eral for permission to contest the ap-
p0intment by quo warranto proceedings
This permission was refused by Attor-
ney General Webb and the matter was
dropped.
WEBB MIGHT CONSENT
Supervisor Murphy is Of the opinion
that the attorney general would not
pursue this course in the present in
stance
IF the supervisors should ask the
attorney general for permission to
bring suit TO settle the question: said
Murphy yesterday, "he would undoubt-
edly grant it. as he has outlined his
the Home telephone company.
This question has never been set
tied in the courts. It is true that the
charter does not give the board the
right TO make this appointment, but
where the charter is silent the general
law is to be followed. At first blush
IL certainly looks as though the su-
pervisors have the right to make the
appointment"
The board is still busy considering
the legal aspect of the question and
has not yet got down TO the vital ques-
tion Of a suitable appOintee. 1t is ex-
pected that there viii be an army of
clamorous candidates camping on the
is dOorsteps of the supervisors within
the next few days.
CONTEST WAGES MERRILY
Meanwhile the contest wages right
nerrily between the adherents of
Smith and Bauer The organization
men Of the fortieth district, including
Ed Kelly, Oscar Greenebaam and Wal
ter Dyer. are up in arms TO press the
claims Of their coworker. Bauer.
Some Of the machine men hint darkly
that the governor would like to be re-
leased from the embarrassing position
OF hOnoring a Lincoln Roosevelt
leaguer. 1t is even rumored that that
doughty warrior Of the land office, Gen
eral Lydia Pinkham" Stone, is going
into action on behalf Of Bauer and
hidebound machine politics. The more
imaginative Of the organization men
are picturing what viii happen when
George knight finds his ancient enemy.
Stone. trying to euchre him out of an
appointment
The governor is standing pat He
declares that he is not appointing
Lincoln Roosevelt leaguers or organi-
zation men, but good republicans.
George Knight, who apparently shares
the gubernatorial arch heresy that
q leaguer can be a good republican, is
cOmmuning with nature on his ranch
and viii not return for a week. And
the supervisors are going right ahead