The San Francisco call., 1910-02-04

involved, he should decide that final
determination required an explanation
of the affidavit, he would make an
order for the taking of the deposition.
Otherwise, he said, he would make his
ruling on the arguments as presented.
Attorneys Exchange Words
The first exchange of compliments
resulted from Murphy's offer to stipu-
late that the mayor was actually inves-
tigating the present board and that he
might possible decide to remove the
three members If he happened to find
cause.
That isn't satisfactory responded
Wheeler. 1T doesn't go far enough. /
purpose to show that the mayor has
declared his Investigations finished and
has made the statement that he expects
TO remove the commissioners. / pro-
pose to show that he has even picked
his men and that he knows 1t and they
know it. Certainly. I am not approach
ing great public question like this
without my proofs"
Attorney Appel hinged hisFentire ar
gument in answer to Wheeler, on the
positive assertion that the mayor had
not made a threat to remove the in
cumbent commissioners.
On the whole, the argument was
technical Wheeler livened il up at
times with references to high handed
methods of procedure designed to pre-
vent the courts from exercising their
powers and to government by billy
and shillelah." He referred also to the
mayors Vaccinations" and asserted
that his clients refused to become vic
Tins of amy o'clock in the morning
action by the mayor
BELONGS OUT OF POLITICS
1T is of the utmost Importance de-
clared Wheeler, that the public schools
OF the city of San Francisco should be
taken out of the filthy pool of municipal
politics. and / assure the court that the
question will be pressed to the end. So
far as the mayor is concerned, 1t is
hands off when it comes to our public
schools. Can such policy be deba-
table?'
Wheeler contended that the only
method which the mayor could pursue
to oust the present commissioners
would be to name successors and then
institute quo warranto proceedings TO
determine the right of the commission
ers to retain their places. He declared
not only that the mayor had no right
strong showing of cause, but that he
could not unseat the board of educa-
tion members under any circumstances
for the reason that they were state in
stead of city officers.
Though appointed by the mayor un-
/ der power granted by the charter,
! Wheeler insisted that the school board
members were actually officials of a
state school district and not removable
J at r'S raIe MnrnhV and
Appel argued that where the charter
provided for power of appointment it
must certainly provide for removal.
Murphy added that If every official au-
thorized TO attend to state matters were
to be considered state official, every
| policeman would be a state official.
1t was also asserted by Murphy that
the present injunction should be dis
| solved on the ground that it was pre-
mature, for the reason that no order
removing the commissioners and ap-
pointing others in their stead had been
made. The arguments consumed the
entire afternoon and the case was not
submitted until o'clock.
| The beginning of the fight of the
ousted members of the board of health
to regain their places was postponed
until today. Attorneys Barclay Hen
| ley and Arthur Barendt, the latter one
of the commissioners of health removed
| by the mayor, are to conduct the board
of health cases, and were present at
| the hearing before Judge Sturtevant,
carefully following the arguments. The
papers in the board of health cases
| have been prepared and signed and
will be filed this morning, at which
time a preliminary injunction, similar
to that now protecting the board OF
education from the swing of the ak,
will be asked.
Boards Swing AK
The work of decapitation was trans
/ ferred yesterday from the mayors Of
flee to two of the new commissions.
The mayor devoted his time to routine
matters while not attending court
and announced no new changes in the
personnel of his official family. 1t was
| the fire and police commissions that
continued the merry work.
, The dismissal of j. W. Mccarthy.
| secretary to the fire commission, and
| the appointment in his place of w. H.
! ODonnell, prominent labor party
leader promises to provoke another
| legal battle. Mccarthy was appointed
| secretary of the commission under
! civil service and has held the place
/ from the time the charter went into
| effect. The charter itself provides for
/ the appointment of a secretary by the
| board, but Mccarthy contends that his
civil service appointment protects him
and has announced his intention of
taking legal steps TO secure reinstate-
ment.
The firc commission also deposed DR..
T. P. Bodkin as departmental surgeon,
naming DR.. ]. NJ. Toner in his place.
| and threw four watchmen helpers out
| of employment by abolishing their
/ positions.
The police commission last night re-
moved the department physician, the
| chief hostler and three telephone girls,
naming others In their places
| WEST END DEMANDS