The San Francisco call., 1910-02-19
NEW INJUNCTION
IS SECURED BY
TAYLOR BOARD
Old School Commissions Posi-
tiOn Strengthened and
Opponents Surprised
Mccarthy AppOintees File Affi=
davits Denying Use of Force
in Selling Headquarters

Argument on the motion TO dissolve
tae injunction under which the Taylor
members Of the board Of education have
successfully resisted the efforts of the
mayor TO Dust them and install his own
appointees was heard yesterday morn
ing by Judge Sturtevant. and the case
was continued until this morning for
further action and consideration.
Attorney Charles $ Wheeler, rep
resenting the members Of the old board
sprang surprise yesterday morning
upon the Mccarthy claimants by pro-
ducing in court a second injunction
issued shortly before II o'clock by
Judge Sturtevant. It is under double
injunction issued from the same court
that each member Of the Taylor board
now holds Office.
SECOND INJUNCTION SECURED
The second Injunction was secured
shortly before court was called for a
consideration Of the former restrain
ing order. In fact. so little time
elapsed that il was necessary for a
recess Of court TO be taken before the
papers in the new suit were produced
81 court This new injunction, how
ever, was similar to the former one,
with the exception of "A few technical
changes and the fact that Mayor Nc
FsVthy was not named as a defendant.
ht the time Of its Introduction Attor-
new Frank J. Murphy. appearing for
tae new administration appointees,
asked for a stipulation that affidavits
produced in the former case should
be considered as applicable, and the
request was granted by Wheeler.
Murphy announced early in the hear
ing that the contention would be raised
10y his clients that perjury had been
committed by the old members of the
board in their afida Wits concerning
what had transpired at the time of the
seizure Of the board Of education head
quarters. In support Of this charge he
later filed several affidavits declaring
that force had not been used in GUST
ing the old board members and that
the suitcases of Mrs. Mary ". Kincaid
and her friend. Miss Jeffers. had not
been broken into.
AFFIDAEITS ARE MADE
The afidsvits produced by Murphy
included those OF 10 policemen who
were present at the time the OLD board
members were ousted from their pri-
NoAN 4DbllLSs te6tlltT with InOSe or the
Mccarthy appOintees and their law
g-ers who were present at the time
Wheeler, in discussing the status of
the case, declared that on their own
showing the defendants had admitted
the exercise Of force and that the dec
lsrations of the opposing afidayits
amounted TO nothing more than "a
carping and caviling" over the use Of
words.
constitutes fOrcible custer" said
Wheeler.
The law has never grown to be so
inconsiderate and outrageous as to de-
mand that lady should scratch the
faces Of burly policeman in order to
protect her rights. 1t is sufficient if
the members Of this board yielded to
superior force and left their places
under protest. Your honor can hard
ly require that this woman. Mrs. Kin
caid, should have slapped a police
mans face and pulled his hair in or
der to make a showing against force.
The members OF the board so far as
resistance is concerned stand in just
the same position now as though they
were brought i'm here on a litter The
law is not the cultivator Of disgrace
fHi scrambles"
Use OF FORCE DENIED
Murphy declared. in commenting
upon the afidaVits produced. that the
suitcases Of Mrs. Kincaid and Miss
Jeffers had been opened by them at
their own suggestion and without COM
pulsion. Wheeler offered TO produce
further evideLciary showing upon
this point i necessary. but the court
declared that tie matter would have
no relevancy in deciding the question
al issue.
Tn his argument in support Of the
injunctions now standing Wheeler
made the points that the old board
members are the present de facto Off
GERS, that the mayor had no power to
remove them and that if he did pos
sess such power il was qualified by
the necessity OF citing a legal cause
Tor such removal and proving it, He
asserted that the one question TO be
considered was that Of good faith in
regard TO the claims of the board mem
bers occupying a de facto position.
Murphy asked for a continuance
until today in order TO prepare an
answer 10 Wheeier'S argument ap1 a..