The San Francisco call., 1909-01-07
HAYDEN IN OFFICE
VACATED BY BOYLE
Ousted Head of Education Board
Fights Removal and Says
Order Is Void
Serves Notice on Mayor That
Battle to Retain Municipal
Job Will Be Waged

Under the protest OF Thomas F. Boyle.
the late president of the board OF edu-
cation. Thomas E. Hayden yesterday
took his seat as a member OF the edu-
cational board. Hayden was accompa-
MED by Harry McKannay. who brought
the new appointee's portfolio and Gre
dentials. On his presentation 10 the
board Director Joseph O'Connor re-
marked that Mayor Taylor had ex-
pressed TO him desire that Hayden
take his seat Immediately.
O'Connor thereupon made a motion
that Hayden's credentials be spread
on the minutes, which was seconded by
Director Oliver and concurred In by the
rest Of the board. Hayden then took
his seat TO I'LL out the short term
Previously to Hayden's appearance
Boyle served on the board the following
notice:
J. That my attempted removal from office as
4 member of the board of education OF the CITY
and county OF San Francisco is void and OF DO
effect. being without legal cause
. That ] have not surrendered and 90 nor
intend 10 surrender my Office as MEMBER OF
said board Of education
3 That am member OF said board, entitled
20 participate ia all its proceedings, TO exercise
all the functions OF said Office and 10 receive
its emolumeDts-
Boyle also addressed and delivered
personally TO McKannay. the mayor $
secretary. the following protest against
his removal and notice that he intend
ed TO fight the action of the CHIEF e1-
ecutive. The communication reads:
San Francisco. Jan 5. 1909
Honorable Edward r. Taylor, mayor OF tne
city and county Of San Frsncisco-Sir: Reply
ing your communication of December -,
1908, by which you attempted 10 remove me
from The board Of education as member
thereof. beg 10 say l hold ornce as men-
Der Of the board Of education under the pre-
visions Of law for a term which has not yei
expired, and from which cannot be removed
means a legal cause. and not merely any cause
which the removing power may think sufnclent-
The grounds or causes assigned py you Ao1
my attempted removal are:
l. That / still submit myself TO the lnnuence
and advice OF ex mayor Sehmitz IN the alsehAr Sc
OF ny duties wholesale and general charge
absolutely unspecihe and stating merely con
I beg 70 say with the greatest respect that
the charge is not true in point Of fact. and &c
call your attention 10 the fact thst no speclnc
instance or act IS charged. and TO assure you
that specific instance or act OF that ch2ractei
can be truthfully charged
.. As 10 the charge that on recent occasion
] gave ex mayor Scnmiz roe IN q fSHisls tae
10 say that this charge is too trivial 10 merit
serious reply. In extending courtesy, wnlcn
cne may without criticism extend 10 the yerlesl
bezgar overtsken on the road, ii cannot pos
sibiy be q cause touching my quallncations ioi
the office l hold or the performance OF us
duties
s. As 10 the charge that have promoted
ana secured assistant storekeeper Tor the
board Of education ny brother, and that the
plsce f. a sinecure for which there was nc
necessity I need only refer 10 the record II
this matter IN the archives OF the board OF
education, by which it appears By the report
Of the ssid storekeeper that the necessity for
an assistant existed. and from which IL also
appears that the appointment OF Ar John J.
RovIe 10 the position OF assistant storekeepeT
was by resolution presented BY Director oCon-
nor seconded by Director Altman and carried
unanimously ! can hardly believe that you
intended TO charge the entire board OF ednca-
tion with having created sinecure and ap-
pointed an assistant where none Was needed
FOR the sole purpose of providing sinecure ioI
fsvorise Of the public treasury
beg 10 say that your said letter Of December
- 1905 attempting TO remove me from ofhee
IS absolutely nugatory; that no legal cause is
assigned: that the pretended cause or causes
are IN law no causes at all, and that the
attempt 70 remove was and Is Intellectual
and viii be ignored by me
l beg 10 advise you that / have not sur
rendered and do not intend TO surrender the
Office which 1 hold as a member Of said board
Of education, and that 1 still am and viii
continue TO be a member of the board Of
education until my tenure Of office is legally
terminated THOMAS F. BOYLE,
4 member Of the board Of education OF the
and Of San