The San Francisco Call. Newspaper, August 26, 1896, Page 8

HOLD FOUR YEARS iSo Decides the Supreme Court in the McGet- tigan Case. IS THIS CITY INVOL VED Opinions Expressed That San Francisco O ficials Are Not Affected. THEIR STANDING UNDECIDED, An Important Ruling by the Highest Tribunal Affecting Nucierous Public Servants. «“We hold therefore that under the county-government act of 1893 the term of office of all county and township ofi- cers is fixed at four years.” This is the gist of the decision handed down by the Supreme Court yester- day in tbccase of Hale vs. McGettigan, on avpeal from Solano County. It was writ- ten by Justice Harrison and received the indorsement of the other Supreme Court Justices. IN BANK. Hale, respondent, vs. McGettigan et al, eppellants, This action was brought for the purpose of determining the validity of the county govern- ment act, approved March 24, 1893 (statutes of 1893, page 346), and to obtain a judgment that the county and township officers elected under that act hola_their respzctive oflices for the term of four years. A general demurrer to the complaint was overruled by the court, and e defendants declining to answer, judgment s rendeted in_favor of the plaintiff, irom which the defendants appealed. B 1. It is contended on the part of the appel- lants that the act in question never became a law for the reason that it appears from the legislative journals that the bill therefor ws iniroduced in the Legislature after theex- piration of fifty days from the commencement of the session in contravention of the pro- visions of section 2, article 1V, of the constitu- tion. The respondént contends, on the other hand, that the enrolled bill deposited with the Secretary of State is conclusive of the vulidity of the act and that it is not compe- tent for the court to go behind thisenrolied bi'l for the purpose of determining whether the Legislature complied with this require- ment of the constitution; and in thereoi cites the case of Sherman vs 3 Cal., 253, where it was held that the certifi- catés of the presiding officers of the two Louses that & bill bad been passed was con- clusive of the point in question. Itis urged by the appellant in response to this that present constitution described certain malities to be observed by the Legislature and certain times at and within which the steps essential to enact a statute are 10 be ob- served which were not incluaed in the con- stituiion of 1849, under which the case of Sherman vs. Story was decided, and, that un- less these constitutional requirements for the enactment of & statute are complied with, an d by the Legislature does not become iaw, and that the journal of the Legisiature may be examined for the purpose of ascertain- ing whether the act was passed in conformity with these requirements. It is, however, un- upport . 30 necessary for us to determine in the present case whether the journal of either branch of tke Legisiature may under the circumstances be mined for the purpose of impeaching validity of an act that has been duly en- ed and deposited with the Secretary of State, since we are of the opinion that it does not appear from these journals that the act in question wes not constitutionally passed. History of the Act. The session of the Legislature at which the actin question was passed commenced Jan- uary 2, 1893. Before the expiration of fifty days from ihis date eight dificrent bills enti- tled “An ael to amend ‘An act to establish a uniform system of county and township gov- eruments, approved March 51, 1891,’" and twenty-nine other bills amendatory of differ- ent sections of the same act were introduced in the Assembly. Of tne latter Assembiy bill 74 was entitled an *“Act to amend section 165 of said act.” These bills were referred to the Committee on County and Township Govern- ment, and on March 2 that committee re- the Assembly 2 substitute for all of s and recommended its passage and itute was thereupon ordered printed. bly Journal, page 824.) March 8 As- sembly bill 74 was read the first time end placed on file for second read- ing. March 9 this bill was read a second time, whereupon ‘ihe Commitiee on Couffty and Téwnship Government offered a substitute (the County Government Bill), en- titled, ‘An act to estabilsh a uniform system of county and township governments, " which was read end adopied (Assembly jour- nal, p. 1001), and on the same day the Assem- bly ordered that the other of the above bills that had been referred 10 this committee be withdrawn and stricken from the files, “they heve been embodied in the omnibus county government bill, now known as substitute for Assembly bill No. 74” (p. 1003). Various amendments were thereafter made to the *'substitute for Assembly bill No.74,” and on March 13 it was passed by the Assembiy and transmitted to the Senate, where it was after- ward pussed by that vody. There cau be no presumption that the Leg- islature has disregarded any constitutionsl re- quirement in the passageoi the statute, and if the journalsare silent upon the observance of any constitutional requirement, it canunot be umed that such requirement was omitted by the Legislature. (People vs. Dunn, 80 Cal., 211.) Ifa bill has been introduced in either house within the first fifty days of the session, whatever is proper in the way of amendment is as admissible aiter the fifty daysas before, and this will include whatever is within the purpose of the bill. By the same rulesa sub- stitute that is germane to the subject of the bili may be adopted without vioiating this provision of the constitution, since such sub- stitute is in effect only an enlarged amend- ment to the bill for which it is offered. (Toll vs. Jerome, 101 Mich,, 468.) The various bills for which the substitute in the present instance was reported, relating to the county government act of 1891, some of them pur- portiug by their titles to amend the entire act and others to amend ceriain sections of the act, and it was within the proper functions of the committee to which they were referred for consideration to consolidate them into one bill if, in its judgment, it was expedient, and to report the same as & substitute for them all. Such report and substitute, instead of being the introduction of & new bill, was only bring- ing together before the House in arevised form bills that had already heen introduced and re- ferred to that committee, with a recommenda- tion from it for the action by the House which that committee deemed advisable. Conflicting Provisions. 2. It is further contended by the aprellant thet the provision in section 60 of the act for holding the election of county officers every tour years is either superseded b‘ll rrovhmn in section 170, that such election shalibe every two years, or, if the latter provision is to be limited to counties of the eighth class, that the uniformity of the act is destroyed, and the entire act must be heid to be unconstituiional. The first 161 sections of the act are general fn their character, preseribing the duties and powers of the several couniy and township offiicers and are applicable to all the counties in the State. By section 162 the several coun- ties are divided into fifty-three classes, “for the purpose of regulating the compensation of all officers hereinafter provided ior,” and in the succeeding fifty-three sections the compen- sation of the officers of these several classes is fixed. Section 57 of the act designates the several ofices of a county, and section 58 those of a township. Section 60 declares: “All elective county and township officers except otherwise provided for in this act shall e elected at the general election to be held in November, 1894, and every four years there- after, unless otherwise herein provided, and shall take office at 12 o’clock, meridian, on the first Monday after the first day of Januar: next succeeding their election.” Section 17 fixes the compensation of the county and township officers in counties of the eighth class, aud is divided into twenty-six subdivi- sions. Subdivision twenty-six is in the fol- Jowing terms: | which are invalid are to “The officers mentioned in section 57 of this | act, except as hereinafter provided, shall be elected in the year 1894, and every two years thereafter, and shall take offico at 12 o’clock, meridian, on the first Monday after the first day of January next succeeding their elec- tion” ; and subdivision twenty-four provides that all of the provisions in the section re- lating to counties of this class shall take im- mediate effect. These provisions of section 170, if literally construed, are in direct con- flict with the provisions of section 60 1n this Tespect, that by section 60 *‘all elective county and township officers” are to be elected every four years, while by subdivision twenty-six of section 170 ‘‘the officers mentioned in sec- tion 57 of this act” are to be elected every two years, and from this repugnarce it is con- tended that the act is thereby rendered of no effect. Intention of the Legislature. Itis a cardinal rule that a statute shall be given effect, if possible, and, if by proper con- struction of the language used in different sec- tions provisions which are apparently con- flicting can be harmonized, it is the duty of courts toso interpret the statute that allits provisions will be allowed to stand. It is not 10 be assumed that the Legislature intended by the same statute to enact two inconsistent provisions and to declare that the terms of all county officers should be four yearsand at the same time that they should be two years. For the purpose of ascertaining the intention of the Legislature in the matter we may con- sider the form in which tne different provisions of the statute have been passed, as well as the position of the different provisions in reference to other ¥ ons for holding an election every two years is found in a sub- division of the section relating to counties of the eignth class and should not be construed as applicable to any other class or as impairing the previous provision of all classes, unless imperatively required by its langul By limiting the clause used in this subdivision of section 170, “the officers mentioned in section 57 of this act,” to the officers mentioned in section 57, who may be elected in counties of the eighth class, we avoid & construction which would neutralize the provisions of sec- tion 60 and at the sume time follow & natural rule of conmstruction, in holding that the Legislature intended the provisions of section 170 for counties of the eighth class alone, and that all of its subdivisions are sub- ordinate to this intention ana inapplicable to the counties of any other class. This con- | struction finds supFort in the fact that the day upon which the election of county officers is to be held is found oniy in section 60, whereas subdivision 26 of section 170 designates mere- ly the year in which the officers are to be elected, thus impliedly referring to the former section for the day of election and making that section applicable to the officers of the eighbth class. It must, therefore, be held that the Legislature did not intend that the pro- visions of this subdivision of section 170 should be applicable to any other county than those in the eighth class. 2 The question is then presented, What effect does this special provision for the counties of this class have upon the entire act? It is con- | ed by the appeliants that by reason of this speeial provision of the counties of one class the ubiformity of the act, which is re- | quired by the constitution, is destroyed and | that the entire act is yoid. It isnot to be con- | troverted that a statute providing for a system of county governments which in its terms is limited to & portion of the State would be in contravention of the provisions of the consti- tution which require the Legislature to pass a uniform system for the entire State; but it is contended by the respondent that the special provision for one class of counties in an act purporting to provide for all classes may be | disregarded as being beyond the power of the | Legislature and the general provision of the | act sustained and made applicable to all the counties of the State. An Uncoustitutianal Provision. Whether a statute containing an unconsti- tutional provision, with others which are con- stitutional, will be sustained as to those which are constitutional and held invalid merely as to those which are not, depends upon the nature of the different provisions in view of the evident purpose of the Legislature. If the provisions are so interdependent that those e regarded as the | conaition or consideration upon which others were enacted, and it 1s evident that the Legis- lature would not have enacted the statute ex- cept in itsentirety, and did not intend thatany part shou!d have efizct unless the whole could be made operative, the entire statute must be held invalid. On the other hand, if the | different parts of & statute are severable and | independent of each other, and the provisions | which are within the constitutional power of the Legislature are capable of being carried into effect after the void part has been eliminated, and it is clear from _the statute itself that it was the intent of the Leg- islature to enact thess provisions irrespective of the others, the unconstitutional provisions will be disregarded and the statute read as if these provisions were not there. For the pur- pose of statutory construction the intention of | the Legislature, as shown by the general scope and purpose of the law, is 1o be ascertained. It is never to be assumed that the Legislature intended to enact an unconstitutional statute or that it supposed that any part of an act was beyond its constitutional power; and if the general scope of an act is within its power the act is not to be rendered null by reason ofa subsidiary provision which was begond its ower 1o enact. 1f the manifest purpose qf the egislature can be carried into effect by ug— holding the act and disregarding such subsid- iary provisions that purpose will not be de- jeated by an unconstitutional provision con- tained in a subordinate section in the act. The title of the present act is, “An act to es- tablhish & uniform system of county and town- ship governments,” and this title, as well as the scope of the statute, may be considered for the purpose of determining the intention of the Legislature. It must be assumed, from the Janzuage used in the title, that the Legislature intended to comply with the constitutional requirements to proyide for the election of county officers by a uniform law applicable to all the counties in the State, and that the act in question should be operative throughout the State. By reason of the constitutional pro- hibition against the passage of.s special or local law on this subject, any separate act con- taining the provisions of subdivision twenty- six of section 170 would have beeninvalid and would not have affected the uniformity of the general sct. The provisions of this sub- division are none the less unconstitutional when made an integral partof a general act from which they are severable than they would be if found in an independent act, and, being unconstitutional, may be disregarded as fully as though embodied in a separate statute. In Christie vs. Board of Supervisors, 39 Cal., 3, the Legislature had changed the time fof the election of the Supervisor of Seeramento County, and provided that the terms of three of the Superyisors then in office should be ex- tended for two years beyond the time for which they had_been elected. To the conten- tion that the u}(islnture had Do power to extend the term of office, and that, therefore, the entire act was invalid, it was said that the power to change the time of the election was unquestioned and that it was perfectly plain that such was the evident purpose of the act, aud that “if in addition to the exercise of this undoubted power, they have coupled it with an attempt to periorm an unconstitu- tional act by continuing the incumbent in office until October, 1871, the only resuit would be that the attempt would be abortive and that portion of the act would be void. But this result would in no degree impair the effi- ciency of the act asa valid enactment changing the time of the election from 1869 to 1871.” Similar principles were announced in People vs. MceCreary, 34 Cal., 433; Rood vs. McCargar, 49 Cal.,, 117; and Mills vs. Sargent, 36 Cal., 379 (see, also, Robinson vs, Bidwell, 22 Cal., 379). Mr. Cooley in his treatise on constitu- tional limitations, p. 211, states the ruleas follows: The Act XIs Valid. “The constitutional and unconstitutional provisions may even be contained in the same section and yet be perfectly distinct and separ- able, so that the first may stand though the last iall. The point is not whether they are contained in the same section; for the distri- bution into sections is purely artificial, but ‘whether they are essentially and inseparably connected 1n substance. If, when the uncou- stitutional portion is stricken out, that which remains is complete in itself and capable of being executed in accordance with the appar- ent legislative intent, wholly independent ot that which was rejected, it must be sustained. 1f astatute aitempls to accomplish two or more objects and js void as to one it may still be in_every respect complete and valid as to the other.” We are of the opinion that the statute under consideration falls within this rule, and that, as the provisions of subdivision twenty-six of section 170 are invalid by reason of being without the constitutional g:'" of the Legis- lature to enact, they are to be disregarded,and do not affect the validity of the act itself. + 3. Section 15 of the county government act of 1883 (Stats. of 1883, p. 301) provided: “At the general election to be held in the year 1884 a full Board of Supervisors must be chosen in each county. They shall so classity themselves by lot that three of them shall hold office for four years, and two of them for two years. The Supervisors elected at the general election in 1886, and every two years thereafter shall hold office for four years. The: office on the first Monday aiter the first day of January after their elecfion’”; and section 60 of the same act, after providing that the ei~ctive county and township officers, except- ing Superintendents of Public Schools and Assessors, should be elected every two years, declared: “Supervisors shall be elected as hereinbefore provided,” and that Assessors slnd u%nplrlnmxndenu of Bchools should be elec every four years, The provisio ‘these sections remained in lnrcepnnm -:;egf seded by the county fovemmen! act of 1891 (Stat. of 1891, p. 251), of which section 15 waxT as fé)llom:i . *“The Supervisors elected at the tions' heid in the vears 1885 ni 1600, aud every four years thereafter, snall hold office for four yemus. They shall take their office on the first monday after the first day of January after their election.”” Section 60 of this act was identical with section 60 of the act of shall take their | County 1883, and contained the same provision for biennial elections, and also: ‘“‘Superyisors shall be elected as hereinbefore provided,” and that Assessors and Superintendent of Schools shall be elected every four years. Section 15 of the county government act of 1893 (Stat. of 1893, p. 349) provides: Conclusions of the Court. “The Supervisors elected at the general elec- tions heid in the years 1888 and 1890, and every four years thereafter. shall hold office for tour years. They shall take their office on the first Monday after the first day of January after theireiection.” Section 60, above quoted, after providing that the election of all eiective connty and township officers, ‘‘except other- wise provided for in this act,” shall be quad- rennial instead of biennial, ‘‘unless otherwise herein provided,” and also declares: ‘‘Suver- visors shall be elected as hereinbefore pro- vided.” From these provisions it results that, with the exception of the two Supervisors in each county. to whom a term of two years fell by lot, as guthorized by the act of 1883, the term of office of Supervisors, which was orig- inally fixed atfouryears, has not been changed by any subsequent act, and that the three Supervisors who were elected in 1892 are entitled to hold their office for four years, and no longer, and that an election for other Super- visors must be held at the general election in 1896; while the two who were elected in 1894 will continue to hold their office until their successors are elected in 1898. Any different construction would have the effect to hold that the Legislature by the act of 1893 in- tended to extend the office of the three Super- visors elected in 1891 beyond the period for which they were elected, in disregard of sec- tion 9, article X1, of the constitution. The provisions in the act of 1893 for quadrennial elections, in the twenty-second and thirty- Seventh classes of countiés for county officers, wexcept three Supervisors,” evidently refer- ring to the three Supervisors who were elected in 1892, indicates that !omelhinf of this nature was 1n the mind of the Legislature. We hold, therefore, that under the county government act of 1893 the term of offices of 81l county and township officers is fixed at four years, and that those who were elected at the general election in 1894 hold their office for four years from the first Monday after the firstday of January, 1895; that the term of office of the three Supervisofs in_each county Who were elected at the general election in 1892 will expire on the first Monday after the first day of January, 1897, and that their suc- cessors are to be elected at the general election 10 be held in November ot the present year. The Superior Court was, therefore, in error in holding that none of the county officers were 10 be elected at the coming election. The judgment is therefore reversed, and the Superior Court is directed to gustain the de- murrer to the complaint. HARRISON, J. We concur: MCFARLAND, VAN FLEET, GAROUTTE, J. HENSHAW, J. BeaTTY, C. J. TEMPLE, J. Considerable excitement was created among the local office-holders, their friends and politicians of all shades. 4 It was at first thought that the decision nad direct application to the City and of San Francisco, but careful perusal of it showed a most careful avoid- ance of any reference, direct or indirect, to this County. : Just what the decision means Is clearly indicated in the following interview with an attorney who is well informed on every phase of the litigation growing out of the county government act of 1893. 7 “On its face,”’ this gentleman said, “this decision declares the so-called county government act of 1893 constitutional. In the act different provisions were made regarding counties of the eighth class; that is, counties having & vpopulation between 32,000 and 32,500. In those coun- ties the act provided nmonf other things that the officers should be elected for gwi years. This exception to the general Rule the Supreme Court has declared is ‘an unconstitutional provision, and that there- fore the act has to be read in its general provisions as applying to all counties, including counties of the eighth ¢lass. “This decision means that all county officers elected in 1894 hold over for four vears, and that elections for county offi- cers will be held in 1898 and every four years thereafter. . “The decision does not directly apply to the City and County of San Francisco, but other cases are pendingin which this ques- tion will be raised. “While it is true that courts never de- cide new questions, and therefore in this decision of a suit from Solano County the Supreme Court was not called upon to de- cide the constitutionality of the act in its effects upon the County and City of San Francisco, it would appear from the cur- rent of recent decisions that the act must so apply or else be adjudged unconstitu- tional upon the avpeal of the case pending from 8an Francisco. “The tendency of the Supreme Court of recent years has been to strictly construe provisions, requiring that alllaws of a general nature should have a uniform operation and prohibiting the Legislature from passing special laws regarding county government and other matters where gen- eral laws would serve. “The decision in the case of Denman ys. Broderick, regarding the constitutionaiity of the Election Commission, will clearly show this tendency, and in the later case of Miller vs. Curry, decided on August 7 of this year, the reasoningof the court would seem to be directly applicable to the con- stitutionality of the county government act and of its application to San Fran- cisco. “The county fee bill of 1895 did not in terms refer to any city and county govern- ment as such, but provided generally for county officers’/fees. Upon the appeal of the case of Miiler vs. Curry it was tried to ehow that the \City and County of San Francisco was not_included in the provi- sions of the act, Upon this point the Su- preme Court said: By article XI, section 5, of the constitution, the Legislature is enjoined to provide a uni- form system of county government for the various cities, to regulate the compensation of county officers in proportion to their duties, and to provide for the strict accountability of all such officers for the fees and moneys col- lected by them in their official capacity. By section 7 of the same article the provisions of the constitution affecting cities and affecting counties are, so far as may be. made applica- ble to consolidated city and county govern- ments, while by article IV, section 25, of the constitution, the Legisiature is prohibited from passing special or local laws affecting the fees or salary of auy officer (subdivision 25), or prescribing the powers and duties of offi cers in counties, cities, cities and counties (subdi- vision 28), or regulating county and township business (subdivision 95 The !aw under consideration is general in its terms, and, while it makes no distinct men- tion of officers in consolidated governmen ts, it undertakes to establish the fees, not alone of county and township officers but of other of- ficers in this State. In the somewhat anoma- lous municipal corporations recognized by the constitution, and known to the iaw as consoli- dated cities '&and counties, the officers do not lose their distinctive characters as county offi- cers or of city officers merely because they hold within the corporate limits of such gov- ernment. The County Clerk of the City and County of San Francisco, the Sheriff of the City and County of S8an Francisco, the Re- corder of the City and County of San Fran- cisco, are each and. all county officers. They have no place properly as officers of & city. Upon the other hand the Mayor of the City and County is distinctly and separately a City officer as distinguished from a County. A law, therefore, which under the constitu- tional mandate undertook to regulate the du- ties or the comg:nuuon of county officers would fail of the basic requisite of the consti- tution that alllaws of a general nature shall have a uniform operation (Const., Art. I, sec. 2)1f it should be held that its terms did not l&ply, and were not meant to apply, to county officers in consolidated governments. And it must, therefore, be concluded, without room for question, that the act under consideration in it térms applicable io the City and County of San Francisco. “In that case it was claimed that the act of 1866, applying specially to San Fran- cisco, prevented the application of the county fee bill to this City. Upon that point the court saxd: The Legislature is &:elumau to know the I constitution and the limitations upon its pow- ers therein set forth. In has been said, the islature had only the ower to pass & general law upon the su bject n question, applicable to all county officers. 1f it was the legislative intent (and the legis- lative intent is always the ultimate fact to be determined) to except the county officers of the City and County of S8an Francisco trom the operation of the law, this might as well have been done by an exception expressed in the terms of the act fitsell. No one would for & moment question but that the case at 'y B8 such exception = would im; the general operation of the law, and thus violate the provisions of article I, section 2, of the constitution. In that event either the exceptioh would be void, or, if inseparable from the other parts of the law, the whole act would fall. But that constitutional provision would be no_less violated if the Legisiature did not mean and intend that the statute of 1866 should be repealed b{:hl act of 1895. The latter would still be a law gnr rting to be general in its terms, yet not having a uni- form operation by reason of the exception in- ° dicated. There is thus = plain repugnnc_v between the act o‘lh 1866 ll’llll that of 1895 which cannot be dis; d of except upon the conclusion that the Legislature intended in the act 0f1895 to vaiid law, and that to do 50 the repeal oF the act of 1866 necessarily resulted. \ “Of course, in the decision of yesterday the Supreme Court only decided the two Questions presented by the appeal—that is, whether the formal steps required in the passage ofan act had been complied with, and whether the exception regarding counties of the eighth class invalidates the whole act; or whether, as the Supreme Court decided, that exception might be dropped from the act. “If it should be hela that the act does apply to San Francisco, the incumbents who would be affected are the Sheriff, County Clerk, Auditor, Recorder, Tax - Collector, District Attorney, Assessor, Treasurer, _Superintendent of Schools, Public Administrator, Coroner, Surveyor and members of the Board of Supervisors, snd probubl; Justices of the Peace.” Supreme Justice Garoutte, in speaking of the decision, said it applied to all the town and county officers of the State ex- cepting those of the City and County of San Francisco. The special legislation governing the county and municipal offices in San Francisco, he said, was and would remain in its former force, without any modification or alteration. Justice McFarland, when interviewed at his residence last night,was very clear and brief as to the Supreme Court decision in its application. “It was upon an action brought to de- termine the validity of the county govern- ment act, approved March 24, 1893,”" said he, ‘‘to obtain judement that the county and townsnip officers elected under that act were entitled to hold their respective offices for a term of four years. A general demurrer to the complaint was overrnled by the Superior Court and the defendants declining to answer, judgment was ren- dered against them, from which the de- fendant appealed. *'The decision applies in general to all the counties of the State. There is no special application to San Francisco County whatever. That question did not come before the Bupreme Court, and it was not considered by that body. As to whether S8an Francisco comes under the provisions of the act I can only say that it isa guemon that must be considered and decided hereafter, ““This decision, just as it reads, settles the validity of the act as applied in gen- eral toall county and township offices and nothing else.” I do not see how I can make 1t any plainer. The Supreme Court only confined itseif to the matter brought before it and decided accordingly.” ‘While the decision in the Solano County case gave no indication of what the de- cision of the court would be in the case of{ Kabn against Sutro et al., involving the application of the county government act to San Francisco, speculation was rife among the politicians last night as to what would happen if the act was so made ap- plicable. \ Jt was recalled by the intelligent ones that if the law changing the terms of county officers to four years was made ap- plicable to San Francisco there would still be left for the coming election the purely municipal offices, such as Mayor, Superin- | tendentof Streets, City and County At- | torney, Police Judges and other offices not | embraced in the general county govern- ment scheme. The main patronage | offices, however, including those of the County Clerk, Recorder, Tax Collector, Auditor, Supervisors and others, would | hold for another two years. Another consideration generally recog- nized was that if the patronage officers of the City and County were given another two years of power it would have a very streng effect in support of the new char- ter. The practical politicians are largely against the pending charter, as they have always been and always will be opposed to any change in the law which makes patronage jobs harder to get through the political methods they ar> used to. But if thereis no further patronage to | | be dealt out for two years and if the | “outs” see their only hove of jobs in tbe | election of a Mayor and the general | change through the adoption of the new charter they will either call“in their hos- tility to it or get out and help whoop it through. For this particular reason a four-year local decision wou!d add a smell army of voters to the forces behind the new charter. SN DR TR SORROW IN OAKLAND. There Is Some Little Joy, However, Among ‘‘The Pulls” Over the Chance of More Pap. OAETAND OFFICE SAN FRANCISCO CALL,} 908 Broadway, Aug. 25. There is joy among ‘the pulls” and deep sorrow, even to a suggestion of sack- cloth and ashes, among “the push.” It is all due to the decision handed down this afternoon sustaining the four-year term for county and township officers. There has been much speculation~and building of fences by some of the county officials, who feared that their official lives were to be halved. They all pro- fessed to be sure of the long term, but at the same time they were laying wires in case their fears and not their desires came outon top. 2 The decision has altered the complexion of things, and will have a marked effect on the combinations that were being made with Supervisorial candidates and aspirants for the Lugislature. There is much rejoicing aud congratula- tion in some quarters, because the favor- able decigion was the only hope of many (o serve the country for another two years. The political aspect of the county has so changed that not more than one-half of those now in office could hope to be re- elected. But they are safe now, and those who wanted to see a change must pocket their disappointment. The offices to be filled now are so few and the number of politicians out of a job so numerous that there will be a struggle for office during the next three months such as is seldom seen. 4 Although a desperate effort will be made to retain the retiring Supervisors there is no reason to suppose that the vote if their favor will be any larger than that given to Judge Frick. The “Friend” element have candidates for all the offices and there will be two tickets of delegates in every ward. The candidates who have already an- nounced themselves for every office are legion and the hangers-on have decided that as there are so f:w offices they must work them for all that theycan be made to_produce. t is acknowledged that more than half of those now in the field have only entered for the purpose of bein‘f bought off. Indeed, the price paid Judas would seem to be many times the value of some who have' already got their faces on tickets. The decision of the Supreme Court is not received with entire satisfaction by the re- spectable elerent of the community, who would like to see some changes in the present county government. e SANTA CRUZ EXCURSION. This Is the Last Opportunity of the Season. At the special request of many who were unable to avail themselves of the op- portunity to visit the City by the Sea on the occasion of the last excursion run by the Southern Pacific Company and under the personal supervision of Cclonel Wil- liam H. Menton, it has been decided to ran another on Sunday, September 6, at the extremely low rate of §2 for the round trip. Sufficient time will be granted excur- sionists at Santa Cruz to enable them to enjoy the excellent suri-bathing and par- ticipate in dri sightseeing, etc. Fire in the Mission. A little after 8 o’clock last evening a fire was discovered in the residence of Thomas Brown, at 3215 Twenty-fourth street, and an alarm was sounded from box 231. The blaze was :l“u‘t::‘ :fl thje ‘wi:dow'unruin‘kbeln‘: hlo:fi:. zas jet that cted 8 Wi Bi0, at projes om e LoAXs on watches, jewelry, siiverware, at Uucle Haxis), 16 Gratavenue, 1896. HONDRS EASY FOR THE GLADIATORS: The Referee Declares the Stilzner-Van Buskirk Fight a Draw. DECISION SATISFACTORY Stelzner Lands Oftenest, but Van Buskirk Forces the Fighting. ol PINCUS WINS OVEZR O'BRIEN, Purcell Avoids Pepper by “ Skipping.” Judge Campbell Declines to Act as Substitute. A satisfactory series of contests so far as clean and close fighting was con- cerned occurred last night at the Grove- street Theater under the suspices of the National Club. It resulted in a draw be- tween Stelzner and Van Buskirk ard in Ed Pincus getting the decision over “Kid”’ O'Brien. The Purcell-Peppers contest did not materialize, as during the afternoon Purcell *“flew de coop,’” according to the explanation of Billy Jordan, master of ceremonies, The first contest, that between Pincus and O’Brien, was spirited from start to finish, and both men fought gamely. Pincus, however, clearly outclassed the man from Los Angeles and was given the decision by Billy Shannon, the referee. There were loud calls for another round at the expiration of the sixth round, and O'Brien, who remained in the ring, walked to the ropes and said: “You will have to admit I did as much fighting as the other fellow.” ' This remark was cheered, but Pincus had already received the decision and left the ring.’ e Then came the event of the evening, the fight between Stelzner and Van Buskirk. Both men were cheered on entering the ring. The former was seconded by fi-tuy Corrigan, Joe Choynski and Jimmy Car- roll, the latter by Alex Greggains and Tom Johnsen. The master of ceremonies announced that the fignt was to last ten rounds and that Billy Shannon would again act as ref- eree. Both men were introduced, and Sielzner received the louder applause, doubtless because he looked at least fifteen pounds the lighter. His condition was ex- celient, but Van Buskirk looked slightly flabby. At the sound of the gong the men went at it, Van Buskirk looking determined and Stelzner cool. The whole fight may be briefly summed up by stating that Stelzner had the better of it in_the opening round, Van Buskirk in the middle of the fight— his opponent appearing weak—but that Stelzner punched him at_will during the latter part of the fight. If his blows had not lacked force he~would have had his burly opponent out in the seventh round. Stelzner landed repeatedly with his left in the first round, both on the body and face. Van Buskirk struck wild. Both men went to their corners blowing. This wss Stelzner’s round. The second round was about even as re- gards honors. Both men landed several vicious punches. Stelzner showed himself a master of left-hand jabs on the jaw, while Van Buskirk’s blows were mostly delivered on the body with tbe right. Ia the third round it was freely prophe- sied that Stelzner would go out, as he ap- peared very tired, but mauuzed to avoid punishment by clinching. Cries of foul and repeated hissing were heard near the close of the round at what seemed to be an attempt on Van Buskirk’s part to choke his opponent, whose head was under his arm. Stelzner landed a vicious left swing on the jaw as the gong sounded. This was cleariy Van Buskirk’s round, as he landed as often as, and more heavily than Stelzner, but the latter stood the punisbment well. From the fifth to the eighth round Stelz- ner landed at will, and had Van Buskirk so groggy in the seventh round that it looked as if only the tap of the gong saved him from going out. Stelzner landed as many as five straight left-band jabs in succession on the point of Van Buskirk’s jaw in this round, and the crowd went wild with ex- citement. In the eighth round Van Bus- kirk fought as bard as failing streneth v;*m.\jld vermit. Boith men appeared very tired. In the last two rounds Van Buskirk rushed the fighting and the men clinched repeatedly. Stelzner brought his left- hand jab on the jaw into action with great effect in stopflinz these onslaughts and alternated with his right on thc body. None of the blows could put Van Buskirk out,Lhowaver, as Steizner was clearly very weah. In the concluding round Stelzner went in to knock his man out aund struck him as often as he pleased, but Van Buskirk in spite of his weakness continually forced the fight and was in the ring at the tap of clared the fight a draw amid tremendou: applause. Both men K“t up a rattling good fight, aud though Stelzner landed oftenest Van Buskirk early forced the fighting. Aradesgee i Pools on the Fights. The betting on the prize-fizhts at Cor- bett’s last night was Choynski a favorite at 10 to 7 over McAuliffe. Herget and Kelly sold at even money. Van Buskirk sold at 10 to 8 on Stelzner. The friends of McAuliffe are looking for long oads. POINT LOBOS PEOPLE. 8. Tacy Addresses Them Upon Home Industry. The people of Point Lobos are contem- plating the early grading of the streets west of Second avenue and the cross streets. At last night's session of the Point Lobos Improvement Club the ex- ecutive commitiee reported that it was securing representative speakers, who will soon address the club upon the respective merits of gold and silver. The Board of Education has authorized the establishment of a primary class in the neighborhood of C street « :d Fifth avenue. Captain James Winslow, who fell down the hatchway of the City of Peru and has been on the sick list for some time past, is pow almost well and will soon be out and attending to his duties at the Pacific Mail dock. S. H. Tacy of the Manufacturers’ and Producers’ Association, appeared before the club last night and delivered an able address upon the subject of “Home In- dustry,” in the course of which he said: 1 take it for granted that most of the gentle- men here to-night are property-owners—those who own perhaps only the home they occupy, and others may be whoown many houses or Dblocks of land, but all of whom are interested in seeing their holdings increase in value. You all know this then, that town lots are worth more per square foqt than the same ex- tent of land devoted to agriculture, and that which gives value to town lots is population, for that creates a demand for home and busi- ness blocks, end the population that is the most profitably employec want the land and will improve it according to their ability; hence it s that the most valuable property is where population is most dense—in cities which have the most people engaged in industrial pursuits—and it is knowing this that causes men when starting new towns to first lay it out in streets and blocks, then to seek out factories to locate in their midst. PROPULSION OF .BALLOONS, Frenchmen Have Made Many Improve- ments. In attempting to provel a balloon of the usual shape the great difficulty met with is that immediately it begins to move against the wind the big bag of gas is forced out of shape, and, in proportion to the propelling power applied,” threatens to engulf the car and 1ts tenants in its folds or to suffocate them with the gas, which is caused to escape by the alter- ation of its capacity with change of shape, says the Gentlemen’s Maga- zine. T1he other difficulty is the construc- tion of a powerful enough and yet light motor which does not require fire to work it. Though many attempts have ‘been made, advance has been very slow. The French,who haye persistently stuck to the balloon from a national pride in its in- vention and wbo have done most for its improvement, have made some notable steps in the matter of balloon gro ulsion. Thus, toward the close of the Franco- German war, M. Dupuy de Lome, a naval builder, constructed a balloon with a rud- der and a screw driven by the passengers. It was found that a velocity, apart from that of the air current, of about six miles an hour could be obtained. Considerably better results have been obtained by Messrs. Krebs ana Renard with their cigar-shaped balloon, inflated with hydrogen and propelled by an electro- motor driven by storage batteries. They have succeeded in traveling a little more than twelve miles an hour in fair weather and in steering in any direction, even re- turning exsctly to their starting point, but in windy weather the apparatus has not been tried. To brave any moderately strong wind the machine would require | to travel something like fifty miles an hour, but these French officers do not ex- pect to attain a speed of more than twenty- five miles an hour in the most favorable circumstances. In the opinion of Maxim, | this dirigible balloon is as near perfection as is ever Jikely to be attained by a ma- chine depending on aerial flotation. The empire of the air is not to be won by balloons. They haye too many imper- fections and limitations, and, accordingly, this at first hopeful path must be aban- doned for the more aifficult one of me- chanical flying. The bird must be im- stated as far as human powers, aided by 1uitable devices to make up for the natural deficiencies of man, can go. The ef- forts of those interested in the matter have been of late mainly directed to flying machines, which, though they must necessarily be heavier than the air, yet may find in their very weight an inertia means for battling successfully with the variable air currents. The subject has been approached in many directions and much encouragement has been. gained as the difficulties have been more thoroughly understood. e Getting Even. . “That man,” seid the cannibal warrior, “had the most argumentative nature 1 ever encountered.” t;‘f:) you mean the one,that yon just ate? “Yes, We had a dispute on certain points of ethics and the result was that I him for dinner.” “Well. that gave you the best of the con- But he never gives in. He g?e:n’z agree with me yet.”—Washington Aar. TS e . Bwallows fly low before rain, because the insects they gunua have then come nearer the gone. to the ground in order to i The reteree stepped to the ropes and de- | ture ofg zbg np‘;;: ll:'.z SRl e NEW TO-DAY. REMNANTY Peremptry Crder “You are hereby instructed to dispose of, without delay, the large accumulation of remnants which we inspected yesterday, as only a few days re- main in which these goods can be sbld. You are ordered to make such prices as will effect a speedy clearance.” Board of Creditors. San Francisco, Aug, 25, 1896. Silks—a Brocaded Woolen D Gros Grain Silk—great bargains - Taffeta Silk—will please yon - . Ribbons—many hoes - . . - Yeiling—you can't have too mue] Linen Crash—useful and durable Table Linen—always needed Ducking—will wear well Pigue—very desirable . Lawn—giving it away, almost - French Organdy—way below costy- WIND-UP OF THE BIG SALE— 5000 REMNANTS. remarkablo assortment - Velvet—many choice pieces ress Goods—splendid quality 106 per yd 15¢ per yd 10¢ per yd 256 per yd 25¢ per yd Lo per yd 56 per yd 8k per yd 200 per yd 5¢ per yd 50 per yd JANES I MORAN & 1009-10l5 Market St. Bet, Sixth and Seventh. 0. 2%6 per yd 5 per yd : THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 26, NEW TO-DAY. S eewmeaaw | - COUNTY OFFICERS | THE OWL 4 DRUGC CO., S (UT-RATE OPEN ALL NIGHT. “7 E Strive to give the public the benefit of low prices and pure medicinas. Paine’s Celery Compound 685¢ Warner's Safe Cure 85¢ Not our prices the best in the city ? Our growing business B omadian Ciub Whisky 100 Canaaian Clu isky Old Hermitage Whisky 75¢ Combines do not affect us. ‘We make our own prices. Painter’s [Coca Wine and Celery Tonic . 85¢c Allen’s’ Female Restora- tive. A;h Dfisc In everything in the Drug line. Tgilet Articles, Pocket- books, etc. 4711 White Rose Soap.... .15¢, 2 for 250 a’Espagne 86¢ ARE DRU CUTTER ‘Write for our illustrated catalogue of prices and examine them. It will pay you. THE OWL DRUG CO., 1128 Market St., San Francisco. Tenth and Broadway, Oakland. 25 PER CENT SAVED Suits, Pants and Overcoats Made to Order at 25 per Cent Less Than Any Other Tailor on the Pacific Coast. Pants to Order. Sults to Order, $3.50. $10.00. $4.50. $13.50. $5.00. $15.00.- $6.00. $17.00. $17.00. $20.00. $8.00. $25.00. $9.00 $30.00 . AND UPWARDS. Perfect fit and best of workmanship guaranteed or no sale. Dow’t fail to examine our goods before buying elsewhere. JOE POHEIM, THE TAILOR. 201 and 203 Montgomery » cor. Bush, %24, 1110, 1112 Market, San Francisco. 485 Fourteenth st., Oakland, Cal. DOCTOR COOK The greatest of mod- ern specialists, corrects the errors of youth and removes their evil ef- fects from men of all ages; frees them fore ever from the miseries of Lost or Failing Man- hood, Impotency, Vital Night Emissions, Sleeplessness, Drains, Nervousness, Pimples, Bashfulness, De- spondency, Stupidity, Loss of Ambition and similar symptoms. He also cures Gonorrheea, Gleet, BStricture, Syphilis, Varicocele, Hydrocele and all other signs of physical, mental and sexual debility or decay. Careful attention given to every form of female complaint, and to ail- ments of the Heart, Lungs, Liver, Stom- ach, Kidneys, Bladder and Urinary or- gans of both sexes. Piles, Fistula, Rup- ture and Chronic Catarrh a specialty. The worst cases solicited and positive cures guaranteed. Write if you cannot call, as the doctor’s system of home treatment by mail is always satisfactory. Office hours, 9t0o12A. M., 2to 5and 7 to 8 P. M. Sune days from 10 to 12 A. M. only. Address nuc‘l‘on cml 865 MARKET STREET, U Opv. Powell, 8. F., Cal. SPECIAL SALE ROXBURY BRUSSELS CARPET % 75'} AYARD. LINED 4 Rooms Furniturs, solid oak, $73. SHIREK & SHIREK, HOUSE FURNISHERS, 747 Market Street, Opposite Grant Ave. TELEPHONE 53981 Baja California Damiana Bitters Isa powerful aphrodisiac and sexual and urinary sexes, and & organs of t remedy for diseases of the kidneys and biads A gresi Restorative, Invigoratorand Nerviaa monlals necessary. e d YABER, ALFS S & NE, 323 Market iy Agents 8. ¥.—(send for Clrculat) HEALD’S USINESS COLLEGE, 24 POST ST., SAN B Francisco—Bookkeeping, penmanship, bus 1988 practice, shorchand (Pitman), typewritin phy, modern languages, English branches and everything pertaining to a business education rapidly tavght. Department of Electrical En- gineering in operation. Individual instruction, 20 v:'a::yen. Kk!’:lghu-nnns Stucents can commence time. lousands of graduates in positions. ‘Write for catalogue. - . MISS BOLTE’S SCHOOL, 22T R oovery o Bovneh g Bk man, thoroush musical training, dancing; $30 per month; new term July 37; coach. v 4 HMISS WEST'S SCHOOL FOR GIRLS, 2014 VAN NFESS AVE—-TWENTY-THIRD mits to ear opens August 13. Certificate ad- 1 “,ml".n‘ ls':alfil l’l;l‘l ‘Wellesl Colleges. ouse 10 urteen. jarien conneeted with the school. 5 CMISS ELIZABETH NOORES RENCH AND ENGLISH SCHOOL RE- moved from 515 Haight st. tv 230 Haight; nimited number of boarders received; oupils prew Pazed for college; term opens August