The San Francisco call., 1913-07-25
MOVE To- CANCEL
ROLPH TERM WILL
F|zzLE, LONG SAYS
Opponents of City Admins
.tration Said to Consider
Petition Seeking Elec-
ton on Mayoralty

Mayor Rolph and nine of the eighteen
members of the board of supervisors,
the district attorney. auditor, county
clerk, sheriff and coroner, all of whom
were elected in November. 1911, for
four year term may have their right
to hold office for the full four years
tested before the state supreme court
Opponents of the city administration
are said to be considering a petition
for writ of mandamus to issue out
of the supreme court directing the reg
istrar of voters to provide for an cleo
ton for those officers at the primary
and general municipal elections this
fall. In other words, to cancel their
four year terms to two years. City At
torney Long said last night that he
had not heard Of this new move to
embarrass the city government. but that
the legal point raised at this time had
been weighed when the charter amend
ments were adopted and it was con-
ceded that the issue raised was ground
less.
LITTLE FELLOWS AGITATORS
There are several men of minor po-
ltica1 prominence who are discussing
the question, but no one of the coterie
has yet developed sufficient enthusiasm
for the project to be willing to attach
his name to the incubator in which the
eggs of municipal controversy are
Matching. None will vet venture the
prediction that the she'll of silence will
be broken. but the question is under
discussion in law offices and resorts
and is expected soon TO break out.
The validity of the charter amend
ment which provides for four year
terms for municipal officers rests on
| the merits OF that amendment as
| against the force of an amendment
adopted concurrently with it, in No
I vember, 1910. Previous to that time
| the officers were elected for four year
terms.
| At the charter amendment election
| of 1910. among the large number of
changes in the charter provided for by
the voters, there is a possible conflict
| between two. known on the ballot as
amendment No. and amendment
No. 9.
] The purpose of amendment No. I.
now chapter III, article XI. of the
charter. was to provide for a direct
primary for city officials; amendment
No. 3, now section 3sA, article XVI.
was solely to provide for the four
year term of city officers.
CONFLICT OF AMENDMENTS
! In its wording amendment No. fol-
| lowed the phrase of the city charter
| in so far as it provided for the length
! tion /, chapter Ii:
Second paragraph--tAt said primary
| and general elections there shall be
nominated and elected by the electors
of the city and county the following g
| officers: The mayor. four police judges,
district attorney, city attorney, asses
sor, auditor treasurer. tax collector,
recorder public administrator, county
clerk, sheriff coroner and Is supervis-
| ors. Each OF the above officers shall
be selected for two years, except the
police judges and the assessor, each
of whom shall be elected for four
years."
| At the same time amendment No
was also adopted. is sole purpose
| was to provide for the tenure of Office
of the city officials. 1t reads, in section
! sSa:
| The term of office of the mayor
| county clerk, district attorney, sheriff
coroner and nine of the Is supervisors
| shall be four years, commencing jan
| uary s, 1912"
Continuing, it provides that the term
| of the other officers shall be four years
| after January s, 1914.
CONFLICTS DISPOSED OF
In its concluding sentence the section
| provides:
The provisions of this section shall
be deemed TO be amendatory of all
| other provisions in the charter relat-
! ing to the terms of the officers herein
| named whether heretofore existing or
contained in sections amended in other
respects concurrently with the adoption
| of this amendment"
That would seem. to be effective in
disposing of the bug which the op-
| ponents of the four year term idea
seem to have found. But the latter
| gentry have raised the point that
| amendment No. was presented on an
| initiative petition and No. was pre-
/ pared and presented by the board OF