The San Francisco Call. Newspaper, January 29, 1904, Page 5

THE SAN " FRANCISCO' CALL, " FRIDAY, JANUARY 29, 1904 5 THE EMPORIUM | THE EMPORIUM | THE EMPORIUM. | THE EMPORIUM. CIVIL SERVICE COMMISSIONERS MAKE PERRRE RRPRRERY RREEER PERRREREREY RPRRERRR YR RRRERR RERRRERRR RERRR RERRRRERRYE REERRRYRRRERR RERRRRER RRRERE RRRYY, s . : - TH T OF THEIR IN | Y To-Day and Saturda] We'll Sell Our iran-clad money-back guarantee Ba"ga’". ’or M,'. - s 50 Shoes $2 35 demug Gy Lidobase you makehs Men’s 50c Fancy Hosc—In choice lisles, lace 3 el » i e — o+ , lisle, solid colors, etc.; spliced heels and | § - commconee et Decide Health Board |sgpisten tor smvton o ey o B[ Tree pretty sivies of Women's Shocs : tss: syish upodite Socks—remari- | § e action of the :'l;etg:x:!:.:uodna‘nur‘\ger t'l;e ]urisflflctl}?_n szmn'a(mrn- SH g p able values at the Friday and 290 s olishing the ar e absence o is 5 s 3 3 i 3 "‘,,.32;1‘,, two | May Create New chief and shall issue certificates of ad- age $3.50 valoes—patent | 000 SOLN) S nereT- Saturday special price, pair 3 R 1 ;lissiotnh!hereto respectively, He shall leather colt skin in Blu- “ - Boys’ Night Gowns—Made of good flannel- |'g D SereR e eep the records of all food, milk, =r cut, with dull kid - AMERICA'S GRANDEST STORE g i 5 13 the places of Pos]tlons, | market and factory inspectors. The“ tops and 'mili(.\ry heels — ette, neat stripe effect, the regular 75c § t f four inspect- depfuty ))eagg‘ officer shall do and another patent leather, garments, cut full and long; a 500 . hys The sustainir vote perform in addition to the duties here- . ekl it s rs 3 i g 2. 4 = ,‘r(m’ d of the S E 1 l” ;:lbnfo;e set ninh all and any duties | o :'l‘"j‘l)f“‘l‘s"h B £$4.00 Wallnng Skirts $2.60 very special value, each s g s st a = | heretofore assigned to or performed Y SHER - omary sppointment | SOME EMIPIOYES HlC | o e former sommtars, miatant see- | pndsome vel K| $6.00 Drop Skirts $4.25 Genuine Cut Glass 3 ' retary, statisticlan and clerk of the ace, with ‘patent 1 den and custo- | | B varden and st oglly Removed Board, asmell AR oine ol tant | lesther tips and New 1904 Suits $16.50 Salts and Peppers 3 e s anel heretofore assigned to the food in- Cuban heels; fo- 79 Paii o cl 5 spector assigned to the central office, | i . » food inspec- And many other stellar attractions to-day and Saturday in our big suit department. T Evenlength, stylish, all- \ wool skirts, in woolen materials in Oxford and medium tan mixtures, stylishly cut and well Aot doe Remnants ! Off Choice Siliks and Stylish Dress Goods Only 2 limited quantity of thes= dainty, brilliant cut glass, sterling-silver-topped peppers and salts.—we hope enough to last the day out. Those who secure them will get a very special bargain at the sale price, pair. . . . 7@ Sale Underskirts Mercerized Sateens &nd such other duties as from time to | time may be assigned him by the ! Board of Health or the Health Officer. The deputy health officer must be an efficient stenographer and no person | shall be appointed to this office who is | :10! a competent stenographic repor- or.” An examination of the duties- From Office. ed of | ! Board of Public Works. Thereupon the | commission, believing that it had no!! | only the right and the power, but also | that it was its duty to inquire into the necessity of any appointment in the sified civil service of the city before CE T LT & thus | (filled by an in and s | has the support of high authority.|uty heaith officer must be an efficient shirt waists, in the following pretty. co'orings: | Suits — As pictured; unlined e After most mature consideration this |stenographer, and no person shall be % @ G g i ’ 3 ”, = | commission is convinced that the po- |appointed to this office who is not a Eivg red tan favy train skirt, collar.ess Eron Men’s $10 and $12.50 . that | sition it has taken on this question is|competent stenographic "rgpnner." tt;" green gray ;? t jacket, with small shoulder % llow- | legally sound. It follows, therefore, | This statement is conclusivé as to the ue ? ack oy s ot s t i health | that the positions of secretary, chief |qualifications for this position. This An unusually good 50c qua’ity; on cape, emire suit neatly trimm: d uIis off sicians, two | plumbing inspector, chief sanitary in- | commission has no power to fix the A to-day only, yard c with narrow bands of taffeta » nt warden | Shector and sanitary inspectors, having | duties, the qualifications or the com- P I g sik and small buttons, a good i 3 - County Hos- | been abolished by the Board of Heaith, | pensation of appointees in the Board ke A limited number of these. s | no longer exist; provided that it does | of Health, nor to alter such duties, - . 3 ¥ it sigered | not appear that these same positions | qualifications or compensation when Lace cu"ta'ns store for , . 5 Al sizes, however, To-Day i E Civil | bave been continued under different |once legally determined. 5 o L] ' 7] : - 3 . even- | names, titles or designations, a5 con-| "o such board has been given ful On Sale To-Day Only at s. : eh : . And Saturday, if quantity lasts g At t time | tended by contestants herein, for the|power to determine what clerks and Zovy Lrberal R, ‘ ome Charming Law If vou nee - , cived from | purpose of evading the retention In of- | Ciibloves are mecessary for the con: Very Liberal Reductions Waists at $1.25 — If yo d a o . & b ees “h.;se‘h"‘ of civil service appointees. That|guct of the business of that depart- Another of the big store’s important curtain sales. F ot 1 lesne seyles suit for in between - or who had (1S & question of fact and will be con- | ment. They are responsible for the S=veral hundred pairs of the newest designs in whie, ecru rom : A’ 5 D i s n of the |sidered in its proper order. conduct of this branch of the municipal and Arabian colors, copies of Brusie’s, Irish Point, Point of 19o4 shirt waists, marked seasons, this is j: 1 S olutions | PLACES CREATED. government. Within the limitations of Arabe and Nove ty real lace curtains. Until closing time from 50c to $8.50 cach, we se- on I ary 9. 1904 | Under this heading the places created | the charter as to the disposition of to-night these excesdingly liberal reductions from reguar Ject for mention to-day ore of your chance. TO- PUBLIC INVESTIGATION. | are the following: One deputy health | their appropriation, they are absolute. prices: e e 3 . e deagmad the Civil Service |officer, four inspecting physicians, one|* * * * * The Board of Publ SDe Critaite 64c the daintiest lawn waists im- ay and until clos- t \ 't Jamuars | assistant warden and custodian (City | Works has power to determine wheth- el inable, trimmed with drawn ing ti t i 0 B T |and County Hospital), two milk er a stenographer is necessary in the $1.35 Curtains at. . . 99¢ Eglusbic, ot eated: callas ing thme Sacardey. if diexe 4 s b of the | Sbectors. The milk inspectors will be | office of the superintendent of build- $1.75 Curtains at. . .$ 1229 work insertion, plea llar, are enough in the lot, we s herein eration at to in- - . that < : t ; & - K. Lane, to the following effect: Board of Health, but the examination Butter, Coffee, efc. dark patterns, suitable for g g the \.‘,;‘u‘..r\‘:’n.x.‘ 4‘,1’;:1 Ser- | for secretary :llhl ,\‘n:l”inqulll;vrin:t; fl‘w Spacl’al et ;o" 5 Toilet Handkerchief business wear, in the . 4 o fMioen relative capacity of the applicants to 2 or | s a department have once been clas perform stenographic work. In fact, as | Friday and Saturday Soap 12¢ Sale, 5¢, 10c round cut sack style, with 4 the head of such dej stenographic work was not required of T broad hand.padded shoul- e | sent of the Civil Service Commission, | raphy. The same statement may be o ground; b, &3 ... .29e| perfumed, hard Handkerchicfs—-Of fine fronts, suits made for this = 4 the first point I would make is that the | made regarding the eligible list for ex- Flavoring Ex‘racts — Burnett’s van'lla, 2-0z. bot... 24@ mill Toilet Soap Irish lawn, with colored season’s wear, at the un- € Beard of Health did not ¢ e any neW | perienced clerk for the Board of Rice—Fzncy Carolina head, whole grain, 734 Ibs...5@ 2 i S borders, bow knots and hable I i v < offices upon January 9, Decause it did | Health. We have also lists of stenog- Nabisco Wafers— All flavors, tin 24¢ heliotrope and Jockey “ p matchad.c low price, each i ot fix and establish the duties of such |, rs igi Siolicaits oo AR A s A T B A A % p fleur de lis patterns, some with n ix and ablis h aties ol & raphers, but these eligible applicants o t 1 N d 2 cakes i 2 ) » * SHher Bribe ol o Oranges - Best Washington nave!, doz.. . . . ..285@ Ciub odors, 3 cakes in a puaoitonsnd g o new offices either prior to or at the|were not examined upon clerical duties $ F Gorl farly 8 i g “ eston; to-day 5 - time of creating the same. of such a nature as is required in the | | imported Shetry—Duft Gorlon, regularly $4.00 ga llons § box, worth 25¢; Friday | and Sutuday, cach . [ - ' Aside from the fact that Mr. Lane | position of deputy health officer. There Ipe She WO BANE 5 s e S e Saturday, box z t has somewhat misconstrued our opin- | [ therefore, no eligible list of appil. Above Shexry for the two days, bottle ;: and e 12¢ | .o 1ace Edge and Lace | Men’s $3.50and $4.00 Trcus-~ L which held only that the Board | .gnts which so nearly conforms to the Marte! Brandy—-*** R-gularly €1.70, bottle . $7.45 |15c size Kirk’s Violel Am- Insertion Handkerchicfs | @rs $2:685—Six siyles to select irom; ¥ es | of Health has the power to fcale | duties of deputy health officer as to Oid Irish Whiskey—McCoanell’s, bottle . . . . 88 monia — For toilet and 1 ; 3 fine fancy worsteds, well cut and fo places of employment” (not offices). | justify this commission in applying Hock White Wine--A very good quality, gallon. . .45€ —In a variety ot pretty Y > ! perfect- Il un- the | or which | questions | | The City Attorney overruled the com- mission and held that the Board of mission on January 18, 1904, upon the right of the Board of Health to create a new position has called forth adverse criticism, but, as has been shown, it [rfl(errpd to subsequentiy, under the heading “Food Inspectors.” With ref- erence to the other positions it js neces ¢ to consider the point made by pro- ants through their attorney, Frank- t to s the power and create new ones without the | we consider that the point he raises has no application to the positions involved, | inasmuch as they have not been created tive enactment. We under- law to be that no office car reated by legislative act uniess the statute or ordinance defines In creating places of em- yment the Board of Health does not e a legislative function. Its act | to be filled, rather than the name by | | the s | that the position of deputy health offi- to this place shall be ‘a competent stenographer. The justification for re- graphic qualifications in order that he may readily perform the additional duties imposed upon him is well taken. The Board of Health says: “The dep- ings. (The quotation is from the opin- ion of City Attorney Lane of April 19, 1901.) i «We have an eligible list of applicants for the position of secretary of the etary, no part of the examina- tion for that position covered stenog- rule 20 to the position under considera- ! tion. i This commission concludes, therefore, cer is a new place of employvment, and that it must be classified ag such for purposes of mination. Meanwhile with the approval of this commission, | the position may be filled by a tempo- inspectors, the protestants. The argu. RRRERE RERRERRY RRRRRY RERRE RRRRRE RERRRRLY RRRRRR RRERR R R PR RR RO ARy RRRERRRR RERERR ERRRERRE RRRERR RN mnmifinmm ERRRRRRRRRY $2.25 Curtains at. . . $3.00 Curtains at. . - Best Coffee— Our St lon $3.085; bottle. . . . . . very nice lengths, suitable for shirt waists, (Worth s50c a Yard). 38-inch All-Wool Nun's Veiling—A very desir- ab.e and popuiar fabric for evening dresses and | Stylish Black and Navy Cloth 1.49 2.12 Butter—Good fizkin creamery, Ib. . . . 25e cus Java and Mocha, cither be.n ight Bourbon—McBrayer, Keller or Silver Dell, gal- Gnle s2 0 BO The New Novels, $1.08 WARL ARARARRAALALGA ARAARRA AR AR AR AARAL ARARAR AR AAL AR A Aaq French sleeves, etc. A very fine highly bath; to-day and Satur- day, bottle. . . . 10e Valentines Allerations on above extra. It is one of ten different patterns of lawn waists at the price. Easily worth 31.50, marked . . . . . .| . $1,25 ion trans- | ;.‘.m:ug its approval thereto, disap- | defined shows that, to a great extent, | H““dmdf of pieces remaining g\fter the e < adopted | proved the temporary appointment of | they are clerical. It is stated, however, | & | heavy sales of dress goods and siiks dur- . uilored, worth §4.9, 890 950 ” 179 t a special | the newly created male stenographer. | that it is essential that. the appointee | ing January. Among the lot are some £ | W to-day and Sawrday td ’ . | Public Works had an absolute right to | Quiring stenographic qualifications in linings, underskirts and dresses. i e with Vs Dl s aletied y i 2 5 i // headed create the position. The commission |the deputy health officer is the desire, s = i Black Talleta Silk o Dyke accordion pleated flounce, also referred the question to Mayor|as stated by the Board of Health, to| Black and colors. 7| Drop Skirts— | ik soidblack rosc plesting; areguiae $1.35 89 Phelan. In a letter to President Freud, | reduce expenses, Instead of a secre- | On special sale Friday only. Wi Ful and Tong, wieh | ¥aucs for Friday and Saturday . . . .. [+ t under dalg of February 13, 1901_, Mayor | tary _and three clerks.__whose comblned‘ o"e'Thi"d ofi' S ,\',//',// good dip and ’hmd- At 95c—The skirts are of mercerized sateen, made wide and among ot Phelan said: “I doubt very seriously if | salaries amount to $550, the Board of | 3 D T e el L2 Voo il unitid full accordion pleated flounce; regular s were abol- | you can, in advance, inquire into or [ Health appoints a deputy heaith offier | . & LnrmmuimT P R b ot i g o & dobioy I Piliy sl Sefiandey 95¢ BE OF the Roasa o | pase ek W0s Sacebelly, ok ol s ’:"°’«“:"§” 1§ala’:1y :tnsbl(:h th: tt" ”un’s Veiliny 390 o mar auAS adsx:‘;n'm‘x lm:“dlm Ms'uo 'rr:e garments are made of : x;..w. de of fi i 1904: Secretary, | ment.” argument of the Board o eal at | fjustmen: o any e n a heavy grade of fine by ;n”:xpu The opinion rendered by this com- | this employe should possess steno- skirt, worth $6.00, to-day and Saturday .. . . ... . . $4+25 mercerized sateen, with flare flounce, piped in black vel- Ladies’ 10c and 1274c patterns, worth 20c each; to- day and Saturday only. . J0e Are Ready Saturday . Al 89c—There are black and white, black, blue and white and black, lavender and white striped skirts, vet, and another style with accordion pleated flounce, finished with full underruffle, regular $1.50 valuss; for Friday and Saturday . fitting garments; See “The Blacksmith” $1.19 will seil genuine $10.00 and $12. 50suits, in nobby Scotch mixtures, in neat ders and shape-retaining [ ' $2.65 A UARAR RAARARARE SLAALAR AR ARA AALAL A AAAR LA LA AAAARE AARAAAAE RALARARAR L AARAAL AARRARAR AR AR R 2 proper memorandum of its re- mitting, for the sake of argument, that is fixed by the actual time of their ap- | ¢ an_administrative or an ex- |Tary appointee. The temporary ap- f | [ % act. It has ‘no power of legis- [ Pointment of Louls Levy as deputy| ., .. 4.5 perform the dutles of the [ served and he performed executive | ertminating among clerks and in se- | sitions of two market inspectors in the lation. It may increase, or in any other | health officer from January 9, 1904, to T G duties in that respect. It appears,|lecting for dismissal those whom it|Interests of economy. In accord- way alter, the duties of its employes at P ameiuding January 31, 1904, is here- | N 0er @ etodian—The custodian shall | therefore, that, as a matter of fact, | thought were least efficient, t'nmpara-l?2‘:‘,:“'\‘:1_:"&iq:jl’::eu(;m:;‘Tz:;‘":;:’i:[a;:"‘l any time. e point o rotest pre- | P¥ pproved. s P o3 : e % smissed, anc g - sented by Mr. s is, [hel?erurg' L INSPECTING PHYSICIANS. receive and take tharge of all moneys | the very same \lul:t*':-"uu\\vpl.mr::;%: i :xh\vl:\, the Bularq Of‘ H!:lth‘:“?d r“‘ep;;: have been returned to the eligible list, ruled. The resolutions adopted by the Board | 209 other articles of \ulun‘ belonging | upon the asistant warden were o ‘ he common law r\l e t a ere a as required by rule 24 of this commis- As no examinations for the newly | oo proayy RIS SEOPIEC O the Boakd | o persons entering the hospital as pa- | cised in the same institution by an|fractions of a day. Ordinarily this rule | sion. ted places have been held it is| g,ijes and qualifications of mrh,uf“m_ tients. He shall execute and deliver | experienced clerk who has been dis- \\uul:l apply, l-x\_n_ :;1 [h:i pari};xlirl ll!;-1 The right of the Board of Health to v for the commission to con- | ) provide that the inspecting phy- | to the patient, or his or her acer "d""‘U missed. > o 1slam_; n}:fl‘gp fcation fe 'l'l’lr?h ni_lde.” Rdm»e its s!dflru‘f employes is express- hether. in filling these places, | (o0 S0 5 0 physicians who "afp"héd representative, a detailed receipt; he The very title of the mew position | the charter limitation, whic n_ll:l 5 % by rec ognized by section 2 of rule 24. It rule 20 should apply. That rule 18| ,¢ |cagt one year's medical practice in | shall cause to be Kept a record of all |shows that the appointee was to be| that in making appointments eac place| is therefore held that in vacating the as follows San' Franciscr - Amons e ocuce I | Sich property. so received by him in | considered merely as an“assistant to | of employment shall be filled separate- i positions of the two market inspectors Rule 20. Duties Rather Than Name signed to l};(, in l',pvlmg h’:-q iz - FS-. a book provided for that purpose, in |the warden. He is not termed a deputy h (Section 10, article XIII, Chn_ul'vr.b the Board ur' Health acted within its to Be Considered—In certifying to ;h,N‘ orinboll sacteni lr' i}; clans ,n.t | which he shall make entries of the re- warden, but assistant warden. He is| The determination of the senlority u{. rights. As Campbell and Lamb were requisitions the duties of the position | ;- v assigned to the sanitary | WIEH T8 00 ription of all-such prop- | simply an assistant to the warden. Ad- | officers appointed upon the same day| the last two appointees and as they were the men laid off, this action is in o e, T s E ment is made that as the protestants | S'tY, & PT t shall be the duty | he is a deputy, it is not required that pointment. Although clerks are not' accordance with the spirit and the let- | Siit Suat be the duts of the com: oo nlyRcihhehey aie ehpabie of DALY RS L Barn over a1) STICH LhE anas s ces thes satas qualifications | (')[‘H(.'prs, the same rule will apply in| ter of section 2 of rule 24. It does not mission to inquire into the require- | (prTnE WY ““,’\‘g::,‘,’“ f'"“",’ over to | o S erty to the owner.or duly author-|as the warden. The charter requires, | their cases. Coffey was appointed from | appear that Mr. Campbell has good |ments of the ~position for which a | e HEPECURE PhySiclans. hile that | PEOPCE D 1 0f such owner on his or her | for instance, that the City Attorney | the first certification made. As his ap- | grounds for complaint. His protest S b | requisition has been made and to cer- Y e e At g Lot clear that it has | 0, o rom the hospital, and in|must have been qualified to practice, pointment must have been complete | therefore is dismissed. Mr. Lamb filed s tify from that list of eligibles which | A1V bearing at all upon the right of the | 31SChar8e PN %y "owner’ he shall {law for at least ten years; but his as- | hefore any appointment could have | no protest. r, no places of by the ct shall, in its judgment, nearest con- rsons examined to discharge the du- positions to which they seek it is the duty of the commission to cer- tify from the list of eligibles which shall, in its judgment, nearest con- form to the requirements of the posi- Board of Health to create the new posi- | tions, and who were appointed from the eligible lists, that they were physicians; but it should be borne fn mind that a layman, without any knowledge of | medicine, could easily have passed the first examination, and in the opinion of | Judge Slack he could also have passed | | longing to the dec | be demanded by | and chattel turn over such property to the owner's ner such property be- eased patient as shall the Coroner, at tlhe 3 time taking his receipt therefor. fin‘:ecustcdlan shall cause all the goods ] < recefved and held by him d kept in an orderly over to the Coro to be stored an | further . who are as much his deputie It is the opinion of this commission that rule 20 should be applied in filling the position of assistant warden. 1t appears that this position should be fllled by certification from the list of experienced cierks, Depari- ment of Health, and it is the judgment been made from the next certification, will be necessary therefore to lay off the clerks in the inverse order of their appointment. Hennessy’s appointment being subsequent to Coffey’s the former should have been laid off and the lat- ter retained. It is,.therefore, the de- cision of this commission that Hen- FINAL FINDING and six sanitary inspectors and the dis- missal of two market inspectors and two clerks; creation of the place of dep- uty health officer and four inspecting physicians. In the following instances the action of the Board of Health is overrruled 1 g i ~ | tlons. Although credit was awarded ' & al representative of |as ssistant warden is the warden's | j cally follows clerk ap- " 3 o S e oquirements of the DORI-{ for texperierice in medicine” in the ex- ;S"“}:“&r‘;;s;“;“n{:fi;‘;.‘f(‘?r to any per- | deputy, are not required to posssss the ol i My el e o] 1 The findings of the commission in this erea Jan Eligible lists are created from ex- a,n".ml_nlnr_x for sanitary ln§nectnr~ the | C0h who has been proverly designated same qua}hflvanon. An ez.(p'erlenrvll have been the last man appointed. | {‘:-‘['es xi‘aft;;!r:‘ sBm.\ mz{nHmlfi] protested h opinion is | aminations held as the charter re- | SXarnalon was not restricted to phy- | % iy’ for that purpose. In cases, | clerk, therefore, could properly fill the | “In applying the rule to the dismissals talae faithe Ouktwiag e T : {quires (section 4, article XIII), “to | 5o1he Tt Was to the advantage of the | ver, where an inquest is held by |position, even if it were & deputy's | effected by the Board of Health in the! tained in the s o s respect 10 the Department of | fairly test the relative capacity of the | APPlicants who passed the ‘—’“"""“-ime Cotoner the custodian shall turn | position: instances of the experienced clerks it olition of the places of secretary section : ; the second. Deducting th : roperly | of this commission that the Board of | . " | and disapproved: T he o A e e 2y 'ajapparent that | aliowed for medical »xgpertinzfe Rhe Yay. | and Fys'emda“'id?x::’?l‘.“r’r:gdc\l::smpdlan Health shall forthwith make requisition | JeesY, be dismissed and Coffey xein-| “remporary non-civil service appaint- cers, agents i meeking e St el ile st the | man coul have obtained 30 per cent, | 1aPeled A Warden a good and |for such certification, as required by | - DAIRY INSPECTOR. ment to the position of assistant necessary for commission must bear in mind the : | shall give to section 9, Article XIII, of the charter: E 5 # warden and custodian, City and Coun enforcem provisions of section 4 of article X111 which would have been 5 per cent more | sufficient bond in the sum of $2500 for It being determined, therefore, that a Subsequent to the filing of the pro- Hospital; dismissal of two clerks, o g T of the ¢ ‘hic wo than the necessary minimum for eligi- | 5 ormance of his duty. BEUER S She boerd; mill | Of She SRt RUREL pauires that the | bility. The fact that the successtul ap. | L1° f;“fl'ef:‘“fl:fiffunher orders of the | regularappointment to this position | tests made by the protestants men-| dairy inspector and three food insp alaries ar T eir character, and resthcts (heir | Plicants were physicians simply shows | niayq af Fealth shall be performed by |can be made from an eligible list, the | tioned in the title of this Droceeding | ors contrary to the rules; creation of . - scope to the duties of the position to | Lhe Possession by them of qualifications | Board Jstant warden. temporary appointment of James P. an addltlorfial| Dr‘lflest was filed by E.|two new positions as milk inspectors. There can s ,r's i o, the bosition 1° | not required by the examination. ;tht:”aalge & nothing in the particular McQuaide as assistant warden and cus- | C. Srrflth, airy Inspector, }nlsa;nst his These conclusions have been reached sole and excl o lioon: “Has e Py Jigib Section 3, article X, of the charter| quties outlined under the heading | todian is hereby disapproved. removal by the Board of Health and|after mature deliberation, following a 10 ereate places of emn ows as he commission eligible J er | quties outlin: the appointment in his place of E. B.| most thorough review of the testimony the Department of Public thie provision of the cha conferred the Board of Health. That the gment of the Board of Health is the criterion for determining the kind mber of places of employment lists from which any or all of these | positions may be filled, or which con- form so nearly to the requirements of the new positions that the commission | would be justified in making certifica- | tions from them to the new places?” gives to the Board of Health . the man- i agement and control of all matters pertaining to the preservation, promotion and protection of the lives | 8 health of the inhabitants of the | city and county.” It must be appar- | ent that the board may exercise this | “Ci an,” which is not clerical in ‘(‘;“:;(;fi‘re and which cannot be per- formed by an experienced clerk for the . Department of Health. Nor is there anything in_the statement that the assistant warden shall assist the performance of his ex- EXPERIENCED CLERKS. ! Edward M. Coffey, David Wolfe, J. W. Cameron and Frank J. Stanton, the protestants herein, and Mrs. Mary Tur- ner, Mrs. R. E. Shelton and Percy R. Hennessy, the clerks retained by the Board of Health, O’Connor, another Dairy Inspector. This cause of protest having arisen about the same time as the others, it will be considered herein. Reference to the records of this of- fice in connection with the appoint- and all of the surrounding ecircum- stances and a close study of the law applying to the case. CIVIL SERVICE COMMISSIONERS: GEORGE H. BAHRS, CHARLES J. WILLIAMS, shall exist in the Department c 0 answer this question it will be nec- warden in the X were all appointed % > . Jic Health. There can also be no | essary to consider the new places, The | PIeDary power in any manner that may | ecutive duties and in the manage-|erom the eligible list of experienced '(;‘.ec'}:n::rb“;;’d X’(’:g”;:’l';es;’e‘:":‘ b JORN W. ROGE%?Q‘MPM ibt th the power conferred in-|first to be considered will be seem to it best for the promotion and | ment of the hospital, wWhich precludes | ¢lerks, Department of Health, at the st o (FCaniiar m"o"d“b e | BT OSBRI, 1. . Aps the right to abolish places o H PUTY 5 ien protection of the health and the lives | the appointment of an experienced | meeting of the Board of Health held | Mmissal 0 v his re- we right to create new| ,DPFPUTY HEALTH OFFICER. |of the people. It must a-30 be appar:| v b qho position. As a matter of | Qotober 1, 1900. By its resolution of | instatement, and | the dismissal of Selback Sald To Be Insane. : usiy existing, and that | The duties of deputy health offi- | ent that physicians can direct sanitary, | fact, the testimony in this case shows | January 9 the Board of Health vacated | Smith, shows clearly that In this mat-| . H. Selback, the man from Ohio be exercised freelyana | o7, #I¢ set forth as follows, on pages | hygienic and medical matters better | that one of the protestants herein did | the positions of assistant secretary, | ter the Board < He‘" s 0] in viola- | 1o wantonly dssaulted two Sisters of without consultation | #02, Volume 11, “Minutes of the De- | than laymen. The Board of Health ad- | assist in the management of the hos- | held by Cameron: statistician, filled by | tion of Article XIII of the charter. This the departments of the bolish old places and partment of Health,” dated January | 21, 1904, which record was introduced ! in evidence per general orders, Board of Super- vised the Civil Service Commission in October, 1900, that sanitary inspectors should be graduates in medicine. In pital s department and by inspect- e dr!r:vus wards of the institu- by exercising supervision over | Coffey; a clerkship in the main office, filled by Stanton, and a clerkship in the County Hospital, filled by Wolfe. fact being called to its attention in a | letter from this commission under date | of January, 19, 1904, ‘the Board of dismissed O'Conilor. Mercy on Market street eight months ago and for which offense he was sen- tenced to six months for each offense, making one year in all, will be exam- ing the va | < - . - The deputy health officer shall | Fek 1903, that b S ot ing testant also acted | The fi lerks dismissed under this| Health, at a special meeting held on | . « is specifically rec- T ebruary, 1903, that board advised this M inis same pro : he four cler ! ined by Dr. McGettigan this forenoon - 13 of article XIIT of | 9EN all demands and certificates as | commission that “the duties of sanitars | ~ enstofian and received and receipt- | resolution were the protestants herels, | January 21, 1904, reinstated Smith and | joa oY D Mecsttigan this forengon » charter in these words: # inspectors in this department make it for valuables in much the same | The clerks retained were Mrs. Turner, E jailers at the branch County Jail sent “When any place of employment is | ¥iS0rs, and requirements of the Penal | necessary that they should be physic | wanmer a8 i& now prescribed by the | Mrs. Shelton and Percy R. Hennessy.| The protests of O. . Mish, D. Rear- | 111¢78 at the branch County Hospital ated or abolished or the compensz- Code. He shall fulfill the duties of clans.” The board, as now constituted, | Board of Health. The rules provide | Section 2 of rule 24 of this commission don and J. F. Derham, Food Inspect- at the City Hall vesterday. During 5. attached thereto altered, the offi- | (e Health Officer in the absence of | is evidently of the same opinion, ' | that “in case of the absence or inabil- | provides as follows: ors, are sustained. These men have|ipa |ast few weeks he has shown signs or board ms= mediately 11 Service . issionery LANE IS QUOTED: this connection reference may be also to the supporting opinion of nort such change shall n writing to the lar his chief and shall perform all duties hereinbefore required of the Health Officer, except those duties which are purely medical in their nature. Such purely medical matters he shall refer to a District Health Officer. He shall be the executive agent of the central all directions of the Board of Health The charter (article XIII) exempts | from civil service “all physicians ap- pointed by or on the Board of Health." | We must conclude, therefore, that the | inspecting physicians, being appointed ! as physicians to do professional work, are exempt from the jurisdiction of this y. warden to act, then he (the 5‘2 12{32? warden) shall perform the duties of the warden in his stead.” That is to say, that if the warden is not able to attend to his duties, through sickness or absence, his as- sistant shall continue to perform “Whenever, for lack of work or lack of funds, or for purposes of retrench- ment, it becomes necessary to reduce the number of permanent employes in a certain class, the employe last ap- pointed in that class shall be laid off first. "He shall be reinstated upon the been returned to duty by the Board of Health, in compliance with the direc- tions of this commission, as set forth in a letter under date of January 14, | 1904. | W. J. B. Mackay has filed with this commission a communication under of insanity sufficient to have him un- dergo an examination. —_—— Artistic Picture Frames. We have the moderate priced as well as the high grade picture frames and Pretty goods at even more ity thtiasney’ . on the same sub- | office of the Health Department in all | commission. This is undoubted, < have done theretofore | eligible list in his original position and | date of January 21, 1904, in which he | moldings. o 3 Al % s $cs g 3 v the | what he may , Y | ble prices than ever before, in all .Fendered Avril 19, 1901, found in save medical matters and shall execute | jay of the case. Nevertheleas, it 1o | and also assume some larger degree of | shall be preferred for certification In | states that he has mo protest to make the new shiges and every tint snd eviot of the City At- "0, 1899 to 1902, The facts upon which Mr. ion at that time was predi- follows: The Board of created an additional male stenographer. v of San Franci e 481 ATie’s cated were Public Wor pogition as mission might ¢onsider the advisability of approving his temporary appoint- ment. The Board of Public Works re- fused to give the information demand- ed. upon the ground that the commis- sion had no right to inquire into the necessity for any appointment in the and of the Health Officer. He shall keep the records and statistics of the central office of the Health Depart- ment. including the mortuary and birth records of the city and the min- utes of the meetings of the Board of Health. He shall issue all certifi- cates, bulletins and historical records. He shall keep the books and financial accounts of the central office. He shall take down stenographically all oral complaints. He shall enter all complaints and shall personally inves- tigate the same when thereunto re- quired by the Board of Health or Health Officer. He shall pass upon all with regret that this conclusion jg reached, for we would have much pre- ferred to sustain the protest of the sanitary inspectors, rather than to overrule it, which we are forced to de, ASSISTANT WARDEN., The dutles of the assistant warden, as set forth by the Board of Health, are as follows: £ Assistant Warden—The assistant warden shall assist the warden in the performance of the executive duties, in the management of the City and Coun- ty Hospital, and shall be under the warden’s direction. In case of the ab- sence or inability of the warden to act, | signed to him. responsibility temporarily. The tes- timony shows that in the same degree larger responsibilities were heretofore imposed upon the experienced clerk at the hospital, during the absence of the head of the institution. David Wolfe testified that in 1902, when he was a civil service clerk at the hospital, executive duties were as- He was then called the secretary of the hospital (a mere courtesy title) and he acted as the assistant to the resident physician, then the head of the institution. Dur- ing the absence of the resident phy- siclan it was this clerk’s duty to see that the rules of the hospital were ob- LA [ response to the next requisition for ap- plicants from that list."” The purpose of this rule was to give preference for retention in office to the| employe senior in service. It is ap-| parent from the argument made by the attorney for the Board of Health that in reducing its staff of experienced clerks and in selecting for retention the three clerks who were retained the Board of Health believed it was acting in accordance both with the spirit and the letter of the section of the rule quoted. As a matter of fact, all the clerks were appointed upon the same day and at the same meeting of the Board of Health. In. dis- against the action of the Board of Health in laying him off. because. in his opinion, it had the right to reduce its staff of food inspectors if it so de- sired, and because, further, as he was one of the last two men appointed, and as the last two men were laid off, in his opinion this action was in com- pliance with the rules of the Civil Ser- vice Commission. Mr. Mackay there- fore withdrew his protest. Samuel J. Campbell was appointed Market Inspector October 9, 1902. On December 31, 1903, W. H. Lamb was ap- pointed Market Inspector. At its meet- ing on January 9, 1904, the Board of Health, by resolution, vacated the po- of mat board and binding paper. born, Vail & Co. pifoma 2zt SPES ARSI To Suppress Employment Agencies. PARIS, Jan. 28.—The Senate has passed a bill authorizing the Com- munes to suppress employment agen- cies, the operations of which have led to rioting on the part of the laboring classes, but with certain modifications which render doubtful the raitification of 1a¢ bill by the chamber. —_———— This week 25 per gent reduction on ev heater in stock. San Francisco Gas and Company, 415 Post street, * San- .