The San Francisco call., 1910-03-12
Murasky Issues a Temporary
Restraining Order Against
New Battalion Chiefs
Attempted Reorganization Re-
wives SulIivan's Fight Against
Charter Provisions

great extent the conduct of the affairs
of the force is the inevitable deduc-
tion to he drawn from the upheaval
within the department resulting from
the action of the fire commission Thurs
day afternoon.
Just as certainly as this is so there
is no longer question that acting
Chief Shaughnessy is marked for re-
noval from his post in the immediate
future. Legal action taken yesterda y
by the eight deposed battalion chiefs,
who have chosen to fight in the courts
to uphold the principle of civil service,
NAV postpone the removal Of Shaugh-
messy for a time. but there is no doubt
thar the AK is suspended over the head
OF the acting chief. ready to be dropped
with the precision employed Thursday
i'm the apitation of his eight sub
OrdinateS.
ECHO OF OLD REGIME
The attempt TO reorganize the official
personnel Of the fire department is not
SO much an innovation of the McCar-
thy administration as it is an echo OF
the old regime. 1t simply brings to q
focus the feud that has been smolder-
ing in the department since Chief
ShauEhnessy recognized the charter
provisions for civil service as opposed
10 the practice of personal control, In
which his predecessor was a firm be-
lever
The Sullivan -Shaughnessy feud is
not the outgrowth of personal enmity
between the two men, who were the
best Of friends, but has arisen entirely
since the death OF Sullivan in the cat
sstrophe of April IS. 1906
Sullivan's friends have become en-
bittered through the belief that too lit
7e orsx NV H.
messy TO the principles and idesls TO
which sullivan was pledged. Shaugh-
messy. on the other hand, has been
led TO complain that there is still TOO
much sullivan" in the department. and
that more respect is paid the memory
of his predecessor than is accorded him
as the present chief.
RESTR AIMING ORDER SERVED
Affairs were brought to head within
q few hours yesterday. Following the
removal by the police commission
Thursday afternoon of the eight bat
talon chiefs holding positions under
civil service authority and the ap-
pointment of eight strong Sullivan men
TO succeed them, seven of the deposed
officials lost no time in taking legal
steps TO preserve their places
All night long attorneys worked over
the prep paratiOns of complaints, and be-
fore daylight yesterday Judge Murasl1y-
signed a restraining order prohibit
ing the new appointees from disturb
ing the old battalion chiefs in the dis
charge Of their duties.
The complaint asking a permanent
injunction in behalf of the deposed
officials was prepared by Attorney
George 4. Connolly and the restrain
ing orders in each case were ready
for service when the newly appointed
officials appeared TO assume command
at 8 o'clock yesterday morning. George
G. Bailey was the only one of the eight
deposed batts lion chiefs who failed to
Join in the legal action. He accepted
his fate without protest and will not
be a party to the legal contest.
DEPARTMENT DISORGANIZED
The late afternoon police commission
action and the early morning court pro-
ceediug. however. left the department
in badly disorganized condition with
the question of right TO command un-
settled In a good many fire houses.
Captain Maxwell for instance. secured
possession Of the buggy used by Bat
TALON Chief NJ. J. Farley about an hour
before he was served with the restrain
ing order Then he telephoned TO the
fire headquarters for advice. but no one
could give il to him.
The question Of control. however.
Is TO be speedily settled. Judge Muir
'asky set the hearing on the restrain
ing order for 10 o'clock this morning
and the case viii then be argued. At
torneys George Appel and John T.
Williams VIII appear for the new ap-
pointees and Connolly for the incum-
bent officials
President Sullivan of the fire com
mission was inclined yesterday to treat
the restraining order of the court with
little consideration.
so far as / am concerned he de-
clared, the new battalion chiefs are
the ones who are in command. and I
don't understand that am in contempt
Of court in recognizing them"
CIVIL SERVICE LAW INVOLVED
The contention over the appointment
OF new battalion chiefs is a clean cut
dispute over civil service control as
provided in the city charter, as against
q system Of promotion in which the
fire commission should be supreme
without regard for civil service rules
or standing.
Most of the men named yesterday TO
succeed the deposed battalion chiefs
held high executive positions under the
Sullivan regime. Sullivan was opposed
10 the civil service idea and for nine
years prevented its introduction in the
department.
Shaughnessy, however, declared for
visions, with the result that when
civil service examinations were held in
1908 many of the old fire fighters failed
10 qualify for their positions and were
succeeded by the men at present in
control A legal fight was begun by
them and the matter is still pending in
the courts.
MURPHY SLATED FOR CHIEF
First Assistant Chief John Dough-
erty was SulliVan's first choice for the
chieftainship to succeed himself
Dougherty. however, ran afoul the
Schmitz administration and was retired
on pension. SulliVan's second choice
for the position was Thomas r. Muir
ply Under the civil service examina-
tion. however, Murphy was thirty third
on the list and failed to secure appoint
ment TO a battalion chieftainship.
Just week ago Murphy was named
as acting second assistant chief. This
Is the position which Chief Shaugh-
messy himself actually holds. as he has
never received fun appointment, but
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