The San Francisco Call. Newspaper, September 17, 1896, Page 14

14 THE SAN FRANCISCO CALL, THURSDAY, SEPTEMBER 17, 1896. FATHER CROWLEY N WERLIKE ROLE In Defense of a Child He Soundly Chastises B. R. Foss. ° THE LATTER'S RECORD. His Children Were Placed in the Youth's Directory by the Mother. F0sS TOCK ONE BY FORCE. On Being Pursued He Strikes the Priest, and in Consequence Is Badly Thrashed. Abont 1:30 o’clock yesterday afternocn Rev. Fatner D. O. Crowley, secretary and general manager of the Youth’s Directory, on Valencia street, between Fourteenth and Fifteenth, delivered to B. R. Foss, ex- School Superintendent of Plumas County, the soundest thrashing in all probability he ever had in all his life. The deed was done in defense of little Percy Foss, the 6-year-old son of the wan that received the trouncing. It is not often, perhaps, that a member of the clergy finds it necessary to enter the arena of pugilism, and the genial-mannered Father Crowley is the last man, to ail appearances, that | would do so, but while he was at it the muscular priest executed the task in a manner that would have gladdened the heart of Professor Rovert Fitzsimmons, as Foss’ countenance well attests. In 1894 Foss was Superintendent of Schools in Plumas County. While occupy- ing this office he emb«zzied certain school funds and fled to Honolulu. His where- abouts were discoverea, and the proper extradition papers having been issued, he was brought back, tried and convicted and sentenced to two years' penal servitude. After serving from June to October he was pardoned, and went to Honelula to rejoin his wife. About four months ago, according to the tale told by his children, his wife left him and returned to California on account of the way in which Foss treated her and the children. The little ‘ellows in question, Willie, Wilson and Percy, aged respect- ively 12, 10 and 6 years, were taken to the Youth’s Directory by the mother. They have been attending the Marskall Pri- mary School on Mission street, between Fourteenth and Fifteentn. About 1:15 P. M. yesterday Wiilie, the eldest, came rushing to Father Crowley at the directory, stating that his fathe; had come and taken Percy, the youngest, away against bis will. Mrs. Walker, the principal, he said, wished him to come at oncz. Father Crowley hurried after Foss and overtook him on Valencia street, between Fourteenth and Fifteenth. Littie Percy was crying bitterly as his father ied him along. The priest at once demanded by what authority Foss thus took the child away by force. “Because he is my child,” was the answer, *‘and I don’t want him under the care of any — Roman Catholic priest.” Father Crowley cautioned Foss against using such language on the street, when the irate parent poured forth a torrent of abuse and vile epithets and struck the priest in the face. Although he had remained perfect- ly quiet under the abuse, this blow ‘was the “last straw,”” and Father Crowley, in a fit of righteous indignation, sailed in with nis fists. When Foss’ countenence became the prototvpe of a raw beefsteak he lustily yelied, “Enough! enough!” and his conqueror desisted from any further pummeling. By this time an immense crowd had gathered and the excitement was at fever heat. Patrolman Folsom was attracted by the size of the assemblage and, run- ning up, took the combatants, accom- panied by little Percy, to the Southern station. The priest there related his story and was promptly released. As he refused to prefer any charge against Foss the latter was released also, and little Percy was sent back to the Marshall Primary. Lieutenant Burke was very reticent as regaris the matter and refused to make any statement of the facts, referring the interrogator to Father Crowley at the Youth’s Directory. “Youdon’t know how sorry I am this occurred,” said Father Crowley. "‘as it places me in a very awkward predicament to be obliged to pose before the public in a bellicose role. “But there is one matter I wish to ex- plain. When a child "is placed here, it makes no difference whether by the father or the mother, that person is re- garded by us as the child’s custodian, and the other parent is not allowed to inter- fere with 1t unless the courts aecide that such parent is the proper guardian. ““We take good care of the little one, the religion of ixsvvarems cutting no figure in the matter. hen the parent that places it wishes to remcve it, well and good. “1 was not surprised at what occurred to-day, as I heard a few days ago that Foss bad declared his intention of blowing both mother and children out of existence. Before be struck me to-day he threatened to use arms on me, and I watched him carefully, but at the police station he was found to be unarmed. The man was per- fectly sober.”” The children were here sent for and cor- roborated Father Crowley’s story in full. They also said that in Honoluln their father used to beat and otherwise abuse them and once threw a lighted lamp at their mother. ~I put water in the whisky he used to drink,” piped little Wilson, ‘‘and when Plfiu discovered it he threw it all over me."” rs. Walker, the principal of the Mar- shall Primary School, states that when she remonstrated with Foss he said he was shortly going to teach school in Ala- meda County, and, as he was an A. P, A., NEW TO-DAY. FAGE RAW AND BLEEDING My little boy was affiicted with Eczema in acute form for a year, during which we tried without success cvery known remedy. The dis- order appeared on the right cheek and was of & blitery and bloody form. His pillow, mornings, ‘would bear the bloody imprint of the side of his face, while it was impossible to prevent him frqm scratching his face gwing tothe itching. Advised to t cURA, I bought & box. The first application was made at night, and it is a fact, that the appearance of the affected parts showed a noticeable improvement the neztmorn~ ing, and, continuing the treatment, as & resul, my child has as fair and smooth skin as can be found anywhere. W. 8. NEEDHAM, Pataskala, O, Srzepy Ovre Tk CUTICURA BOAP, gentl ment), the great xkin ¢ Rrsor greatest LVENT, Sold hout the 'd. Price, Boar, zic.; HsoLvexy, sic. and $1. Porren Deca Axp CEE. CoRP., Sole Props., Bodton. ‘How to Cure Every Skin Disease.” mailed fraa. § did not want his children in a Catholic school. He endeavored to persuade the two elder chi'dren to go away with him, but they refased. THE CHURCH WiLL OPEN The Rev. Mr. Adams of St. Louis Will Take Temporary Charge of the First Congregational Flock. Next Sunday the pulpit of the First Congregational Church will be supplied, and the adherents and opponents of the Rev. Dr. Charles O. Brown, the late pas- tor, will have a chance to listen to the Rev. George C. Adams, recently of St. Louis. After last night’s prayer-meeting the First Congregational Society heid a spe- cial session, Deacon Dexter presiding. Letters of transfer were granted to Mrs. W. K. Benjamin to the Union Church of Belvedere and to Mzs. May S. Morton, who will herceforth worship with Dr. Macken- zie's flock on Van Ness avenue. Deacon Dexter read a repori condemn- ing the wild statements published regard- ing the church, and expressed a hope that such publications might soon cease, He also announced that regular services on Sundays and Wednesdays in the church would be resumed. Deacon Morse read several letters to and from Mr. Adams, and a telegram wherein the reverend gentleman said he would arrive here in time to preach on Sunday. Meanwhile it was judged prudent to request the trustees to defer their proposed resignation antil Mr. Adams’ visit. A secret session of the deacons and standing committee was held after the public meeting and arrangements were made for the payment of the Rev. Mr. Adams during his occupancy of the pulpit. HOUSE TO HOUSE. The Health Department Explains a Recent Measure to the Gen-* eral Public. At a meeting of the Board of Health last evening a resolution was adopted ex- plaining to the public the reasons why the Police Department has been called upon to make a house-to-house inspection of the structures of this City, and asking the citizens to assist the department in cleansing the City. The board expects to accomplish much good by the new meas- ure and will use every endeavor to see that no inconvenience is given house- holders. The press and public are both requested to assist the Health Depart- ment. KILLED BY A CABLE-CAR, Simon Finn, an Oiler on the Geary-Strest Line, Crushed to Death. Apparent Carelcssn ss on the Part of Some One Causes Another Hor- rible Accident. An accident of peculiar carelessness, in which @ man lost Lis life, occurred at the Geary-street carbouse, ou Point Lobos ave- nue, between Kirst and Second, yes- terday morning. Simon Finn, for four- teen- years employed ag an oiler, was run over by a car at 8:55 o’clock, receiving in- ternal injuries from the effects of which he died four hours later. Among the duties assigned Finn is that of oiling the spur-track leading from the carhouse to the main line. . He generally got around to this work about 8:30 o’clock, but yesterday was nearly halr an hour late. This, however, was due to no fault of his, but to, more onerous duties else- where.” In any event, Finn was Iving on | the track, with his back toward the car- house. It is customary at that hour to inerease the number of cars on the main line, and it was the first of these extras that brought about poor Finn's death. The car was run out of the house by two men, and had gained considerable momentum when it struck Finn. He was norribly crushed | about the chest and shoulders, and when | { examined at the French Hospital it was | found that he could not possibly recover. Another version of the accident is that a car coming from the City was switched into the carhouse for the purpose of being turned around. The conductor and mo- torman pusted it out backward and right over Finn, who was looking in the direc- tion whence cars ordinarily came. Finn was a single man, about’ 40 years old. During the last ten years he has by strict economy managed to save a snug little fortune, which will be divided among half a dozen cousins and aunts who reside in this City. Alfred Smith, the gripman on the ear, surrendered himself at the Central police station. He was booked on the charge of manslaughter, and was released on his own recognizance by Judge Lowe. Smith said he did not know that Finn was working in the hole, as his head was below the level of the ground when the car reached the hole. NON-PARTISANS I LINE Convention of Fifty to Meet to Nominate a Local Ticket. George K. Fitch Chairman of the Committee on Platform and Resolutions. In addition to the regular and irregular party conventions of the present cam- paign there will convene in this City next Saturday evening at Golden Gate Hall, on Sutter street, a Non-Partisan convention. This nominating convention, which is called to place a local ticket in the field, | will consist of fifty members. In addition to the twenty-five delegates of the Non- Partisan County Committee, twenty-five new names have been selected. Lasteven- ing Barclay Henley said that acceptances bad been received from ‘the new mem bers chosen by the committee. The conven- tion will therefore consist of the following named delegates: L. Altschul, Charles Ashton, L. A. Berteling, Joseph Britton, P. Cole, W. H. Crim, George Cumming, P. G. Galpin, George A. Story, Stew- art Menzies, I. T. Miiliken, Benjamin Romaine, Wi m R. Snerwood, L. J. Truman, J. W. Whiting, George K. Fitch, Frank J. Suliiva) C. B. Perkins, W. F. Harris, R. L. Rigdon, Ba clay Henley, L. R. Ellert, A. 8. Baldwin, E. M. Root, A. B. McCteery, E. C. Priber, B. Graves, Frank A. Swain, L. "H. Bonestell, William F. Wils C. Gregory, Lester Jacobs, E.J.Le ‘owne, C. 8. Capp, M. V. Samuels, , Fred Zei e, A. Sbarboro, E. A, . S. Webster, H. L. Davis, F. A. Will, Ene, Colin M. Smith, Ernest Denicke, Jeremiah Lyncn, C. C. Burr, A. S. Hallidle, Jeremiah Mahony. It is not yet settled whether nomina- tions will be made for the Legislature, but Mr. Henley inclines to the opinion that only City and County officers will be \nominated. % A committee was yesterday appointed to prepare platform and resolutions to be vresented 1o the convention next Satu day evening. This committee consists oi George K. Fitch, chairman; Barclay Hen- ley, Frank J. Sullivan, C. B. Perkins and L. Altschul. ——————— | Fieet and Garoutte. | cisco. These officers are, therefore, county | connty, the oorpoy WRITING tablets from 5 cents to 25 cents each. Pictures from 10 cents to 50 cents each. Writing paper and eunvelopes, the very best and also the very cheapest made. Sanborn, Vail& Co., 741 Market street. . SIX OFFICERS WILL HOLD OVER This Is the Decision Now Given by the Supreme Court. OTHERS TO BE ELECTED Chief Justice Beatty and Justice Temple Dissent From This View. SOME OPPOSING CONSTRUCTIONS Summary of the Reasoning Which Has Led the Justices Very Far Apart. The decision of the Supreme Court con- cerning the tenure of offices in the City and County of San Francisco was banded down yesterday. The opinion was wriltgl] by Justice Harrison and was concurred in | by Justices McFarland, Henshaw, Van | The following offi- | cers under this decision will hold over for the term of four years: District Attorney. County Clerk. Siaeriff. County Recorder. Coroner. Public Administrator. Concerning other officers it was held that their term of office ‘‘and also of the Judges of the Police Court and of the Jus- tices of the Peace who were elected at the general election in 1894 has not been changed by the county government act, and that an election for “their successors must be held at the coming general elec- tion.” A dissenting opinion was filed by Justice Temple, in which Chief Justice Beatty concurred. The essential parts of the dis- senting opinion are contained in the fol- lowing extracts: *‘We cannot, therefore, select certain of- ficers and say that they are county officers and of others -that they are city officers, | for all are municipal officers and munici- val officers only. Therefore, 1f it be true that the Legislature cannot in this mode change the terms of the officers of the | municipality, because that would be to| aiter the charter, this law can have no ap- | lication to tbe City and County of San | francisco. * * * "In my opipion the | Legislature did not intend to ordain that | some of the officers should hold office for four years and others for two. there being no reason for the difference.”” The reason given by the majority of the court for their conclusions is summed up concisely in the following paragraph: “The District Attorney, ghenfl. County Clerk, County Recorder, Coroner and Puk- | lic Administrator are officers whose powers | and duties are given by the county gov- | ernment act, or by other general laws, and do not derive any authority frem the | consolidation act, or exercise any function in the municipal government of S8an Fran- officers, and their term of office, as well as the time of their election, are those pro- 1 61 ¢ vided by the county government act.” The case, which will e historical, was entitled, Julius Kahn, appeliant, vs. Adolph Sutro et al., respondents. The point at issue is thus stated: The plaintiff brought this action to restrain the Board of Election Commissioners of San Francisco from calling an election for City and County officersat the coming general elec- tion and from incurring the expanses attend- | ant thereon, claiming that under the provi- sions of the county government act of 1893, as construed in the case of Hale vs. McGetti- gan, recently decided, there can be no election for such officers until the general election in 1898. Judgment was rendered in favor of the defendants upon & demurrer to the complaint, and the piaintiff has appealed therefrom. The question presented for determination is whether the above act of 1893 applies to the €ity and County of San Fraacisco, and the de- termination of this guestion depends upon the character of that pody corporate in its rela- tion to the other portions of the State— whether it is to be regarded as a city or as & county. One feature by which a city is dis- tinguished 1rom a county, in this State, is the soarce from which its authority is derived. The powers to be exercised under a county government are conferred by the Legisiature, irrespective of the will of the inhabitants of the county. whereas the inhabitantsof a city are authorized to determine whether they will accept the corporate powers offered them, to be exercised by officers of their own selection. In Hamilton County vs, Mighels (7 Ohio 8t. 109), the distinction beiween these two bodies was given in these words: “Municipal corporations proper are called into existence through the direct solicitation, or by the iree consent, of the people who Compose them. Counties are legal subdivisions of a State, created by the sovereign power of the State, of its own sovereign will, without the particular solicitation, consent or concurrent sction of the people who inhabit them. The former orgahization is asked for, or at least assemied to, by the people it embraces; the latter is superimposed by & sovereign and paramount | authority.” The court discussed the attributes of “The City and County of San Francisco,” finding that the attributes of both a city and county are recognized by the consti- tution; tnat geographically it is one of the legal subdivisions of the State and in that respect is recognized as one of the counties of the State; and that politically itis considered by the constitution asa manicipal corporation. Ths history of legislation from the act passed by the Legislature, at its first session, after the adoption of the constitution, known as the ‘*McClure charter,” purporting to provide for the government of San Francisco, was reviewed, and the view was held that: “The charter of Sun Francisco is made up of the consolidation” act and tie amend- ments thereto, together with such other statutes relating to the government of the City and County, or conferring powers upon its offioers, as were in force at the adoption of the present constitution.”” Concerning the creation of San Fran- cisco and its status the court was of opinion as follows: The City of San Francisco was created and its limits” defined by the act of April 15, 1850 (Stats. of 1850, p. 223), and section 2 of that act declared that “The inhabitants of the Cit; of San Francisco, within the limits above dx scribed, shall be and they are hereby con tuted a boay politic end corporate in fact and in law, by the name and style of the ‘City of San Francisco. Section 1 of the act of April 19, 1856 (Stats. of 1856, p. 145), commonly krown as ithe consblidation aci, by virtue of which the present corporate character of San Francisco exists, declares, ‘‘The corporation or body politic and -corporate now existing and known as the City of San Franecisco shall re- main and continue 10 be a body politic and corporate in name and in fact, by the name of The City and County of Sin Francisco, etc.” The effect of this legislative action w: merely to continue with extended boundaries and lddlflunflx‘en the City of San Fran- tisco, which had been incorporated in 1850; and, although the provisions of the charter were, in meny respects, appropriate for a ation thus created remained & city under a different name, but the inhabit- ants of the territory thus brought under the provisions of the city charter were notin- vested with county. government. (Peoble vs. Supervisors, 21 tal., 668; Wi vs. Election Commissioners, 58 Cal;, 561.) Section 8 of article XI of the constitution, originally adopted, provided thatany “city” containing & population of more than 100,000 inhabii ants might cause a freeholders’ charter to be tramed for its own government. Under this provision of the constitution the inhebitants of San Francisco elected a Board NEW TO-DAY—DRY GOODS. 6666666666666 HEPD O) wHE P Our doings Monday, Our assortments were large. rush was evident. The expected rush came. FIRST LESSONS OF ECONOMY Are those of saving. economy practiced. reachss the limit of its purchasing power. Getting things at Hale’s is Every dollar spent at our store No enor= mous profits here to keep up the questionable repu= tation of exclusiveness. We sell to rich and poor alike—at bargain-cut prices. Wednesday were only the expected returns of this week’s great offerings. e Crai M sinass & such 48 hagh ubfoc Togs ceat) Last evening stocks were assorted, advertised lines were picked out, and now for the next three days we can safely say the offecin day’s papers will hold good for the balance of the week. New specials |9r those who came the first of the week. We anticipated a crowd. Tables of sale goods ware turnsd HEpw 0) nEHEPE o 1., We prepared for a great demand. topsy turvy.” and the effect of a gs made in last Sun= NEW LOOK FOR ( IADVERTISEMENT . NEXT SUNDAY. LAD! FI regular 50c kind, Extra to-da; the 75¢ grade. Exiratod 0od value at 75c, ay at. front and cuffs, a €6c, and extra to- LADIES' WHITE M muslin, fine tuck:d yok to-day at LADIES SUPERIOR WHITE all-over embroldery trmmed col- These extras are good until 6 p. M. © Saiurday. Extra special... E: LADIFS WHITE LAWN APROD FURNISHINGS. 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NEW SPECIALS DRESS GOODS. 800 BLACK GOODS—A 50c line of Extra t0-da; Yard, = myrtle, navy, olive, cardinal, brown, etc., & EXTRA. ;.x.ck h,mi,cl‘e sl'rlpe. ‘10"" over the colored sur- 590 : o 2 g COTTON Parvrs — 3 facg: a tabric of the fall and early winter, Extea 99 wideh, dark colors, fig- 2 ures and stripes, 7c kind. || BROCADED SILK SALE—A lot of our dollar Black To-day Oros-grain Brocaded Silks to besold, 2-inchy o 750 grand, heavy quality, guaranteed ali pure silk, O 4},c e Extra to-day.. Yard 2 ard, Look for our Advertisement Next Sunday. 3 EXTRA. COTTON BLANKETS—Whiteand gray, EXTRA. WHITE WOOL FLANNEL—26-inch; The values to-day are wonderful. new stuffs, in large stylish aesigns, BLACK GOODS—A 50c line of Elegant Black French Serge, full 45- 90 inch, the best dye and finish. oo Yard 39 COLORED DRESS GOODS—A 38-inch Boucle Novelty Saiting, comes from the 90c shelf, almost compiete, er. * NEW SILK WAISTS—A sale today, shirt IN NEXT WEEK. 35° Yard Black Figured Mohair Suitings, all 87-inch. bright and-lustrous. Extra to-day..... extra heavy weight, —~CLO. EXTRA KS—EXTRA. ‘Wonderful values now. Fall assortments . Other items In to-day’s Examin, - £ 100 300 pair to sell. Extra 10-day, 20c kind., To-day extra, Walst leflcc[ ith yoke, sizes 34 to 40, all 36x36 incues, fancy sateen striped the colors so popular this com- ~-00 bottom. Special. Each ing fall, cheap at $7. Our price fDO— 50c¢ r.- 15¢C ve 1OStARL. oo o $iz.cn LADIES' WHITE LAWN APRONS, LADIES" NAVY SERGE a superlor grade, 46 SUITS, jackets silk- inches wide, imita- lined, skirt 5 vards den_ hematltched EXTRA. BEXTRA. EXTRA. ;“d'vl";;d& bound ; i sateen striped B i Baod a5 805, TOILET PAPER—Crosscut kind, big HAIRPINS—All kinds in a box—big HBAIR ORNAMENTS—Tortolse shell, 1abor and ail e al: special ai 36c. LU rolls. Exira to-day, box. Extra to-day, side combs to match. Extra t10-day, ter to a perfect fit; Exira to-day.. sizes 3:;50‘2,3“14- er at . To start 4¢C ron 5C sox 18c s the suit seliing. .- .-...812.50 Each € . TALOGU Our Great Fashion Catalogae now ready for distribution. A con- cise volume on styles and prices jor fall and winter. Send your sddress and get a copy absolutely free. 6 6 6 6 6 6 6 6 6 6 6 6 HALR BROS. Incorporated), 987945 MARKET STREET. 66 66 6666666666 o O OO0 O OO0 OO @ B of Freeholders in 1880, and the validity of this election and the power of the board to frame a charter was upheld in People-vs. Hoge, 55 | Cal, 612, upon the ground that under this section of the constituiion San Francisco was In Staude vs. Election Commissioners, , 313, it was held that the provisions of sectiori 4109 of the Political Code, as amended city and “county as well as other officers ! throughout the Siate was changed, were ap- plicable to San Frandisco by virtue of the clause in section 6 of article XI, that “‘cities or towns heretofore organized shall be subject o and controlled by general laws.” It may therefore be regarded as settled by the de- cisfons of this_court that the City and County of San Francisco is a municipal corporation, and 1lil matters of government is to be regarde s a city. But, while the people of Ssn Francisco are thus to be regarded as under a municipal gov- ernment, with the right to select officers to execute the powers of that government accord- ing to the terms of its charter, the territory over which that government is exercised is at the same (ime a county, and forthose purposes for which county officers exercise uuthority, not derived from the charter and disconnectcd with municipal government, its officers are properly termed county officers, Considered in its political and judicial relations 10 ather portions of the State the officers elecied by its voters, to the extent that they exercise only such powers as are given by laws relating merely to counties and who do not deriye any of their authority frem the charter, are 0 be regarded as county officers as distinguished from city officers. 1t is not possible to make & harmonious con- struction oi the terms ‘‘county,” “‘city” and “city and county,” as they are used .in the constitution. The term ‘“county” is some- times used therein as a geographical subdi- vision of the State; sometimes as a political division for the exercise of governmental functions, and in the latler use, it is some- times employed as the equivalent of ‘‘city ana couuly,” and sometimes as distinguished taerefro nd the term “city and ‘county” is sometimes used as the equivalentof ‘‘city.” San Franeisco is distinctly recognized therein s the geographical equivalent of & county—as in the provision for ihe election of Judges of the Superior Court, and for ti e formation of a district for the election of a Railroad Commis- sioner: and to hold that it is not a county for any purpose] would render inoperative many provisions of the ;conmstitution snd of the statutes of the State] which have heretofore been recognized as applicable to it, with the result that unsuspected difficuities and per- | in 1881, by which the time for the election of E i lexities would arise in the administration of ! ustice. Without enumerating many instances it is sufficient to call attention to thefact that there would be in thé‘t’ city no_provision fora Grand Jury or fora ard of Equalization, or for the exercise of any appeliate jurisdiction by the Superior Court, or for the exercise of eminent domain, or for creating the lien of a judgment upon real esiate, or for the probste of wills, or tor filing articles of incorporation; and the practitioner will readily = perceive the confusion that would resultin criminal jurisprudence, as well as in_civil practice,if ihe City and County of San Francisco isto be excluded wherever the term ‘‘county” is used. The case of the eity of St. Louis was cited. - The Missouri case was held to be some- what analogous to the San Francisco case, and the opinion goes on as follows, after stating the facts concerning the extension of the boundaries of San Francisco, etc.: Titte IT of part4 of the Political Code is de- voted to ‘“The Governmeat of Counties, and in hapter 3 of that title are found provisions esignating the officersof a county and pre- scribing their powers and duties. Until this gortian of the Political Code was superseded y the county government act it was the only siatute of the State which defined the powers and duties of certain officers elected by the voters of San Francisco, and upon the enact- ment of the county government act that statute alone became the source from which these officers have derived their powers, San Francisco is, thereiore, both a city anda county, and although the undaries of the two bodies corpcrate are coincident the elec- tors within this territory vote for officers whose authority and functions are derived ex- clusively from ihe charter of the city, and aiso for officers whose wers and duties are pre- scribed by general g:wl and upon which the charteris silent. It must follow from this that some of its officers are city officers and others are county officers. There is nothing unusuai be determined by the source of their authority and the functions they are to exercise. Section 5 of article XI of the constitution declares: “The Legislature by general and uniform laws shall provide for the election or appointment 1n the several counties of Boards o1 Superv.sors, Sheriffs, County Clerks, Distriet Attorpeys. and such other county, township and municipal officers as public convenience may require.” In obedience to this direction, the Legisla- ture passed the county government act of 1893, declaring what county officers shall be elected, in which are inciuded those desig- nated in the above section, prescribing their duties and fixing their term of office at four years. Some of the officers whose election is thus authorized are the same in name and are given the same or similar functions as are officers authorized by the consolidation act to be elected in San Fraucisco, while others whose election is authorized by each of these statutes have no authority excépt that which sugmn in the county government act. n the other hand. the consolidation act authorizes the election of several officers whose election is not authorized by the county government act, and who are not named therein as county officers. Those offi- cers whose election is authorized by each of these statutes, but who are required by the consolidation act to perform the duties therein prescribed, do not cease to be muni- cipal officers because under the county gov- ernment act similar duties are prescribed for county officers of the same name. To the extent that these officers are a com- pounent part of the municipal government they are municipal officers, and do not cease to be such by reason of the fact that other functions which pertain to county officers are imposed upon them. The guaranty given to the City and County of San Francisco by the constitution of the right to continne its government under the charter which it held at the adoption of that instrument, until it sha.l adopt another, including the right given by that charter to change its officers every two years, if it shall so elect, cannot be taken away by the Legislature under the form of imposin; upon the offivers cerwain functions exerciser by county officers in other counties of the,| Siate, and_fixing the term of such county officers at four years. But as the Territory thus placed under muzicipal government still remains a county, and is not taken out of the control of the State for all purposes not embraced within the scope of municipal government, the nuthori- zatlon by the Legislature of an election by the voters of that territory for officers to carry out these laws does not make the persons so elected city officers. The constitution has ae- clared that certain officers shall be elected within each county, aund, if San Franciscoisa county, the I.a{)!ll!ure is authorized to pro- vide for the election of these officers by its voters, and is not preciuded therefrom by the fact that they are voted for by the electors of the municipality at the same time with the election of its muuicipal officers. Prior to 1876 the voters of San Francisco elected one of the members of the Board of State Harbor- Commissioncrs, but that fact did not consti- tute him a city officer. . The officers of the City and County of San Francisco are designated in the act of Arril 2, 1866 (Statutes of 1866, p. 718) as follows: ‘“There shall pe elected hereafter for the City and County of San Francisco, by the qualified electors thereof, at the times hereinaiter men- tione in the manner prescribed by law for the election of State and county officers, one Mayor, who shall be ex-officio President of the Board of Supervisors; & County Judge, Po- lice Judge, an Attorney and Counselor, Pro- bate Judge, District Atiorney, Sheriff, County Clerk, Recorder, Treasurer, Auditor, Tax Col- lector, Assessor, Coroner, Public Adminis- trator, Surveyor, Superintendent of Common Seh Superintendent of Public Strees, Highways and Squares, Chief of Police, Harbor Master and State Hartor Commissioner. There shall be elected in each of the twelve presept election districts of said ¢ty and county, which shall hereaiter constitute municipal districts and be designated and known inlaw as wards, by the qualified electors thereof, one B?erviuor and oue School Director.” he term of office for these officers was fixed by the act at two years. The time for their election was subsequently changed, and is now fixed by section 4109 of the Poiitical Code. ‘Lhe offices of County Judge and Probate Judge were abolished by the counstitution and that of Harbor Master b statute. The Police Judge has been superseded by the Judges of the Po:ice Court, and certain changes have been made in the mode of electing Super- ivisors. The Cnief of Police and the State Har- ‘bor Commissioner have ceased to be elective =3 or inconsistent in this. It would not be contended, if the city was only a portion of the couaty orif the Mnms should composed entirely of incorporate: cities, that the State would be gmflnded irom au:horizing the election by the voters of the county of officers to carry out those provisions of itslaws which pertain to the Siate at large, And which haye no connection with munici- pal affairs, and :his rule is not changed where the couuty consists of a single ci:y, instead ot several., Although the same ly of voters choose the different officers, the iunctions of the officers chosen by them are distinet in their mature, and the character of the officers must officers. It will be observed tha: thisstatute does not declare that these are City officers, or are officers of the city and county, but merely that these offiters ““shail be elected for the City and County of San Francisco DL the qualified olectors thereof,” leaving the character of the officer, whether he is to be denominated county officer or a municipal officer, to be de- ed by the nature of the duties heis to and the source from which he derives uthority. Of the officers bove enumerated, the Mayor, | comp. Attorney and Counselor, sometimes styled City and County Attorney (see Stats. of 1871-2, ». 232), Superintendent of Public Streets, Highways and Squares and School Directors are not named in the county government act as’county officers, and conséquently cannot be subject 1o the provisions of that statute. Judges of the Police Court are not named in the county government act, either as county or township officers, and no provision is found therein relative to their duties or term of office. The Treasurer, Auditor, Tax Collector and Surveyor are designuted in the consolidation act as officers ot the municipality, and are re- quired to perform certain municipal duties which are not required from county officers who are elected tor these offices in their re- spective counties. In addition to these duties, the Treasurer is constituted & part of the ap- pointing power for the License Collector (Stats, of 1872, p. 736), the Auditor is made & member of the Board of New City Hall Com- missioners (Stats. 1876, p. 461), and the Audi- tor,the Tax Collector and the City and County Surveyor are members of the Board of Election Commissioners for the City and County. (Stats. of 1878, p. 299.. The Supervisers authorized by the consol- idaton act to be elected do not constiiute the same body as that authorized by the county government act, although they bear the same name. The Board of Superyisors authorized by the consolidation act i for the government of the city and_county, and consists of twelve members. while the Board of Supervisors authorized fora county consists of only five members, and exercises functions peculiarly appropriate to a county, but has not the authority required for_providing for the wants of a city. . The Court discussed at much length the status of Justices of the Peace, and the conclusion is reacaed that: From these considerations it mustbe held that the provision in the county government act fixing the term of office of Justices of the Peace for the townships into which theseveral counties are divided at four years, does not apply to the Justices of the Peace elected for !go City and County oi San Francisco. We hald, therefore, that the term of office of the forego- ing municipal officers, and also of the Judges of the Police Court, and of the Justices of the Peace who were elected at the general election in 1894, has not been changed by the county government act, and that an election for their successors must be held at the coming general election. The dissenting oPinlon holds, in ad- dition to what has already been indicated by extracts, that the consolidated City and County is a municipal corporation; that the corporation brought into exist- ence by the consolidation succeeded to the rights and liabililluz,of both of the governments that were fnerged; that all the officers were municipal and that in no sense were some County officers and some City. officers. W}L cannot, therefore, elect certain officers and say that they are County officers and of others that they are City officers, for all are municipal officers, and municipal officers only. Therefore, if it be true that the Legislature cannot in_ this mode change the terms of the officers of the municipality, because that would be to alter the charter, this law can have no application to the City and County of San Francisco. 1t would not follow from this that genersl laws affeciing the powers and duties of County officers would not apply to the officers of the consolidated City and County. Theidea of a consolidated govern- ment of this character is that thereby the State provides for the inhabitants of the in- cluded territory the benefit of a county gov- ernment. To do this effectually such laws must apply to tie consolidated governmens. As 1o the corporate existence of the muni- cipality and the officers thronfh whom the corporate functions shall be discharged, no reason exists why such interference should be aliowed, and if it were conceded that the Legislature could so change the municipal charter, we cannot presume that it was in- tended. It was not necessary that the act shall include the consolidated City and County in order that the law shall have a general and uniform operation. The City and County of San Francisco is not a mere counts, but is recognized in the constitution itself again and again as constituting a eluss apart. Of course, ifit is a municipai corporation, and tbereforo the Legislature cannot tau- change ltscharter, this point need not be further discussed. —_— ——ee _ A Missing Boy. The police were notified ‘last night of the disapppearance of Henry E. Rose, son of A. H. Rose, 914} Devisadero street. He was em- ployed at the Fulton Iron Works and left home Monday morning to go to his work, but he did not reach there and nothing has been heard of him since. He is 15 years of age, 5 feet 10 inches tall, stoopshouidered, durk on and eyes and brown h Children Cry for Pitcher’s Castoria. What’s that? BARGAINS AT RATHJEN’S ? SPECIAL SAL®R THURSDAY—FRIDAY—SATURDAY, Butler.: wod 5 Choice Creamery, Preserved Ginger. ........pot 356 regularly 50¢ O e s Dok Tho Congressional, Vermouth and Holland Gin. regularly $1.00 3 Vermont Maple Syrup.. . . . . gal 75¢ regularly $1.25 Mail Orders Receive Closs Attention. RATHJEN BROS., {21 STOCKTON ST, NEAR MARKET. Telephone Main 5522. Branch : 3253 Fillmore St., cor. Lombard. Telephone West 152. WRITE FOR SEPTEMBER CATALOGUE, Misses Maids ana Mamas Will find ease and ele= | gance in our Shoes—the comfortable fit and the shapely grace that go with the ¢elastic step.” You will also find econ= omy—our prices are fac- tory prices—no retail= ers’ fancy profits. MISSES' FINE S8HOES, Kid or Cloth Top, all of the hest kinds of material CHILDREN'S sizgs, same shoe. | LADIES' Fine Welted Tailor-made in Winter Tan English E: Box Calf, Full Dongola Kid g 3.00, square 40¢ 'Big Shoe Factory, 581-583 Market St. Store closes at 0 P. M. Saturdays, 10P. M. | CcOoOSMOPOLITAN. , 100 and 102 Fifth st., Nan the clty. “Board and room $1, 81,35 and #1 50 per day, according to room. Meals 25c. Rooms 503 and'76c aday. Free coach to and from the hotel. LooK for the coach bearing the name Of the Cog | mopoiitan Hotel WAL FAHEY, Proprietor,