The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-16
TAYLOR BOARI
VICTORIOUS IN
BITTER FIGHT
Gain Courts Aid After Being
Elected From Headquarters
by Police
Mccarthy AppOintees Forced to
Relinqnish Newly Acquired
Authority
- EFEATED in its first skirmish
in court and forcibly ousted yes
49, f. f- thc

L in court and forcibly ousted yes
- terday afternoon from the
school board headquarters by three
new school commissioners named at
4 o'clock by Mayor Mccarthy, the
old Taylor board OF education still
holds Office and wiclds absolute power
in school affairs.
Judge Sturtevant, who early in the
afternoon dissolved the boards pre-
liminary injunction. last night issued a
new injunction prohibiting the three
Mccarthy appointees from interfering
in any way with the members of the
old board or from exercising any func-
tions as school commissioners. and
commanded them TO return TO the old
board the offices and property of the
school department which they had
seized by force yesterday afternoon.
Day of Bitter War
1t was day of bitter war and star
tling developments in the fight between
the administration and the two COM
missions which have resisted removal
At o'clock Judge Sturtevant handed
down decisions dissolving the injunc-
ton held by the Taylor school com
missioners and refusing an injunction
to the old board of health to prevent
the Mccarthy appointees on the health
board from exercising the powers Of
office
Shortly before O'Clock Mayor Nc
Carthy declared Mrs. Mary ". Kim
caid. Thomas r. Banrerman and Henry
Payot removed from office and APP
pointed to succeed them Leon 5. Clay
burgh. Colonel James F. Power ANA
James J. McTiernan- Half an hour
later. accompanied by a squad of police
men and deputy s1arifs, the newly ap-
pointed commissioners took possession
of the school board headquarters and
foreibIy elected the old board members
who refused to give up the Offices.
New Injunction Issued
The issuance Of the new injunction.
commanding the new appointees to
step aside and returning the control OF
the department to the old board. came
at s o'clock last night. 1t stands as
positive order OF court. revocable
only after successful showing on a
motion TO dissolve or through the me-
dunn OF quo warranto proceedings.
The defeat administered the old
school board early in the afternoon
amounted to a short lived victory for
the administration. BY the injunction
secured last night the Taylor members
Of the board have not only won back
all that was lost earlier in the day, but
have entrenched themselves in a far
stronger legal position than before.
The action of Judge Sturtevant pract~-
cally amounts to a recognition of their
claims as de facto officers and throws
the burden of proving a right to the
Office upon the shoulders OF the Nc
Carthy appointees-
Health Board Defeated
On the other hand. the old board of
health was decisively defeated. Just
as the injunction issued last night
amounts to a recognition of the old
school board members as de factor ON
GERS, so the refusal of an injunction TO
the old board of health members
amounts to a recognition of the new
Mccarthy appointees on that commits
sion as the de factor officers. The
burden of establishing a right to the
control of the school board rests on
the administration. but the burden of
establishing a similar right to the
board of health positions lies upon the
recently ousted members.
Breathless haste in many quarters
followed the announcement under
which the Taylor school board men,
bers held Office had been dissolved
Within an hour of the time the opinion
was given out by Judge Sturtevant the
three men chosen by Mayor Taylor for
the commission appointments had been
summoned TO his Office, handed their
commissions and were on their way TO
the board of education headquarters at
Pine and Larkip streets.
The attempt to take possession OF the
offces of the board Of education met
with a determined resistance. COM