The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-19
ARGUE LEGALITY OF
BURNS POSITION
lawyers Discuss TechnicaIities
in Suit to Prevent Special
Agents Receiving Pay
Judge Indicates District AttOr-
ney Has the Power to
Employ Assistants

TWO questions. favorable in con-
notation 10 the legality Of the
appointment OF Special Agent WA,
liam J. Burns and the assistant
special agents Of the district attor-
nc,'s Office. were advanced by Judge
sturtevant yesterday afternoon Just
before ne took under submission the
application Of James p. Burke. "a tax
payer working under the inspiration
OF Patrick Calhoun for an injunction
10 restrain the auditor from honor
ing the salary warrants of Burns and
his aids
After listening for hours to the ar
Guments OF counsel in the matter
Judge Sturtevant said "All this mat
Ter only goes TO the consideration Of
the standing OF appointees as public
officials. II does not go to their stand
ing as employees. There is no ques-
tion that the persons involved in the
cases under consideration are officials.
What are their duties? The applicants
say that Burns and his men are off,
Gals ] look for a definition of their
duties. but can not find it, But their
standing may be sound as employees OF
The city and county of san Francisco.
The constitution nowhere has said
that The board OF supervisors might
not employ different people"
i am willing to submit the matter
on that suggestion quickly said As
sistant District Attorney William Hon
Cook, whose argument had been in
terrupted by the court
CLOSELY APPLIED COMMENT
Shortly after Judge sturtevant made
another closely applied comment on
the case. What do you think OF this
proposition, he asked. san Francisco
has police force able TO handle all
the police work that needs to be done
There is also here q sherif's Office
competent 10 perform its duties In
other counties there might not be
police force available 10 assist the
district attorney, but there would be
sherifs force Because that out
side county district attorney has
the sherin TO aid him. could he not
employ detectives2 Is this the dis
rinction-that because the outside
county has only the sherif-s force
while San Francisco has both sheriff
and police, does that deprive the San
francisco district attorney from secur-
ing outside helpe"
Attorney William H. Nelson. for
Burke and his inspiration. could ind
no Sitting answer for that question:
ana quickly shifted the proposition TO
some Prisoner Of Zenda situation in
which he imagined the board Of su-
pervisors might call upon General Kos
ter. who appears in the present con-
trOversy as auditor. to command a
specially levied supervisorial army
Al the conclusion or the four hours
OF argument Judge Sturtevant took
the case under submission lie said
however. that he would probably de-
eide or the motion for a temporary
Injunction later on in this week
BURNS IN COURT
Burns was in the court for shor,
while yesterday morning
The proceedings were opened by 7
N Mackenzie. Nelson's associate il
the case Mackenzie argued that IL
the district attorneys office needs any
assistance in working up cases it had
the police and police detective force o.
the city TO call upon. Cook met this
briskly with the criticism that under
Mackenzie's contention the extra clerks
engaged by the county clerk to handle
actions IN McEnerney title suits were
then illegally appointed and illegally
paid. Mackenzie did not press that
point further.
Major r. '. Keesling, attorney for
Auditor Roster in opposing the Burke
motion, took the firm stand that the
appointment OF Burns was entirely
legal He held that Burns and his
assistants might be appointed under
the same conditions which are applied
10 the employment Of other outside help.
Judge Sturtevant suggested the en-
ployment or Theodore Kytka the hand
writing expert, as a possible case in
point