The San Francisco call., 1910-02-05
TWO SECRETARIES
SERVE COMMISSION
incumbent and Claimant of Fire
Board Job Punctili0us in
Their Devotion
Both Preserve Official Dignity
While Assistant Attends
to Business

j. w. Mccarthy, removed Dy the
new board of fire commissioners from
the post of secretary of the commits
sion, which he has held for 10 years
under civil service appointment, an
nounced yesterday that he would take
legal steps to contest the action of the
board and would fight the matter to
finish
Z Mccarthy has as yet taken no formal
action to bring about settlement of
the question of his legal rights to the
Office, but contends that the order for
his removal was Invalid and that he
is still the secretary of the commis-
sion.
Acting on the theory that the at
tempt of the fire commission to re-
move him from his position was un-
authorized and Illegal Mccarthy
walked into the Office of the commits
sion yesterday morning as usual and
announced that he would continue to
visit his post each day. He occupied
the swivel chair at the secretary's desk
Tor an hour yesterday morning, called
again at noon and returned for a third
time late in the afternoon.
CLAIMANTS MEET EACH OTHER
There has been no open quarrel be-
tween Mccarthy and w. H. Mcdonnell,
who was named by the new commits
sion 10 succeed him, but only an inter-
change of polite formalities devoid of
warmth. Mcdonnell made a request
Thursday evening for the KEYS to the
secretary's desk, but Mccarthy refused
10 turn them over, saying that he
would be on hand yesterday morning
10 open the desk and start business
Tor the day. He made good his promise
Beyond appearing at the commits
sion headquarters and sustaining the
dignity of the official position how
ever, neither Mccarthy nor Mcdonnell
attempted to take active charge of
aHalrs. The routine Office work for
the day devolVed upon Captain Domi-
nick Commit of the fire department,
assigned as assistant to the secretary.
McCarthy's contest probably will be
brought next week by his son. Attor-
hey PauI Mccarthy, who is acting as
his legal adviser The latter said YES
terday that he had not decided what
form the action would take, but that
an application would be made for an
injunction or else a writ of mandate
would be applied for.
CLAIMS CIVIL SERVICE STATES
Mccarthy Will base his contention
upon the provisions of section II of
article l5 of the charter which pro
Woes Tor civil service. This section
ha mes certain departments in which
civil service shall be in force and
makes a number of special exceptions
Mccarthy pointed out yesterday that
the fire department was particularly
mentioned in the civil service section
and that while the Office of secretarS
or the board was not specifically men
TONED, 1t was not contained in the
list of exceptions.
McCarthy was appointed secretary
OF the fire commission on March G.
1900, Immediately after the charter
Went into effect Later, by order of
the civil service commission, an examf-
nation was held for the position and
mcCarthy won the berth under civil
service. A point on which he laid mar
ticular stress yesterday was that Mayor
T. h Mccarthy was a member of the
civil service commission which ordered
the examination under which his or
lginal appointment was ratified.
HELD OFFICE SEVERAL YEARS
Mccarthy has remained secretary of
the board from the time of the or
iginal appointment until the order of
removal in his case was made Thurs
day. In line with his contention that
neither the mayor nor the fire COM
mission had power to remove him with
out bringing and proving charges
against him, Mccarthy referred to the
similar office of secretary of the police
in connection with which
civil service has dominated Secretary
the first police commits
sion secretary after the adoption of the
charter, was chosen by civil service ex-
but resigned. He was sue
ceeded by George Boyne, who was ap-
pointed by Mayor SchmitZ and not un-
der civil service requirements. A va
cancy was occasioned by Boyne's death
and Secretary Skelly was appointed,
but later was forced to take a civil
service examination for confirma ton Of
the appointment.
NOT IN ANY HURRY
Il do not expect to hurry about filing
any suit said Mccarthy yesterday. |
There is plenty of time, and 1 have
nothing to lose by waiting. I contend,
however, that I am still the secretary
of the commission and will look at all
sides of the question before taking ac-
tion ] am going to contest this at
tempt to Gust me, and will fight it to
a finish.s What j want and expect to
do is to establish my legal right to
the office, for if they can remove me
they can remove every civil service ap-
pointee in the city"