The San Francisco call., 1909-03-19
WORDY WAR FOR
APP[RSON'S SEAT
WienhOlz Makes Futile Effort to
Gain Place on Election
Commission
Appointment Wrung From May
or by Supreme Court Fails to
Have Desired Effect

Armed with the commission wrung
date of the supreme court and backed
by Attorney and independence Lacquer
Daniel O'Connell, Wednesdays ap-
pointee, Nicholas Christian Wienholz,
presented himself at yesterdays meet
ing of the election commission and de-
sons seat. Apperson refused to yield
it, and Wienholz didn't get 1t.
The war of words lasted for an hour
and was entirely bloodless and good
natured, although a large number of
attorneys participated in the fray.
Hugh Mc1saac, although similarly
appointed by the mayor. had not quail
fed for the office as yet, and let his
independence brother, Weinholz, fight
it alone. The board adjourned until
April %, by which date McIsaac will
probably be ready to bear down
upon it.
Yesterdays battle had many rounds
and any one of them went something
like this:
Attorney Daniel -o'Connen: Mr..
Wienholz holds the commission from
the hands of the mayor. Mr.. Apperson
had no other title to this Office. The
supreme court has declared Mr.. Apper-
son not legally appointed by implica-
ton in its mandate to the mayor
Attorney Curtis Hillyer for Apperson:
The supreme court did nothing but
direct the mayor to appoint two rep
resentatives of your party. Both Com
missioners Apperson and King were ex-
pressly exempted from being parties in
the suit. Mr.. Apperson sits here by
warrant of his appointment by Mayor
Taylor His commission on the face of
it is just as good as this document.
Apperson is enjoying the franchise. 1t
is up to you, Mr.. O'Connell, on behalf
of your client, to ask the attorney
general to bring suit in quo war
ranto proceeding to oust Commissioner
Appersen from office This board can't
decide the matter. Nothings before
It,"
Commissioner Uhl, or Gator, or
Cameron King Sr. (They took turns
in asking the questions, but OConnell
needed no relays):
Commissioners Apperson, have you
been ousted from Officer
Apperson-"No."
Has the mayor removed you for
cause?'
No"
Have you resigned the Officer"
No"
DO you voluntarily relinquish it to
Mr.. Wienholz?"
No"
We'll. you see, Mr.. o'Connell. this
board can't do anything"
O'Connell-tBut the supreme court
-" The above over again, with va
riations.
Cameron King Jr. sat in the chair.
The beleaguered Apperson sat opposite
him. Gator calmly graced the end OF
the table. Commissioners Uhl and Gill
dea f1anked Registrar Zemansky at the
lower end of the board. O'Connell.
four square for attack, lowered over
the council.
After a long time Apperson took a
hand.
Il move an adjournment till April %
and let the roll be called"
1t was up to Zemansky.
Zemansky - Commissioner Apper-
SON."
Aye"
Etc The other commissioners didn't
take the trouble to answer, but Chair
man King declared the session ended
Mayor Taylor when seen later in the
day and informed of the proceedings
before the commission, said:
We'll, l have performed my duty
just as ii was laid down by the SUI
preme court"
You will not then take any steps
further?''
There's nothing for me to do. Let
them settle it,"
King and Apperson hold the fort. But
OConnell says he'll see if there isn't a
court remedy for wrongs in the state
of California.