The San Francisco Call. Newspaper, August 9, 1904, Page 5

THE SAN FRANCISCO CALL, TUESDAY, AUGUST, 9, 1904. BOARD OF JURY IS EXPENSIVE Supervisors Tearn Appropri- ation .Is Inadequate for thé Eppinger Trial Alone SIXTY NEW GAS LAMPS Board of Works Is Directed to. Install Lights at Dif- ferent Designated Points —_——— Superjor - Judge Lawior yesterday issirel] g court order to Auditor Baehr L e payment of $2810 50 for ex- urred by the Jacod Eppin- ger Sury for room, board and carriage hire’ “@nd telephone service. The Feard of Supervisors appropriated but 3800 -in the present municipal budget for. émpenses of juries in criminal cases gud as the expenses already in- curred in this one case are more than treble that amount the board is con- peRses h a serious diffical The | mmittee considered the malter “ yesterday. The oourt order must he paid under the State law, and Auditor Beehr wanted the urgent Decessity fund drawn upon for the perpese, .but the Finance Committee finally directed that the order be paid out of the ge: 1 fund. The assessment, warrant and dia- gram lesued by the Board of Works for the exp: tructing a sewer in South Park and 2 Center place was approved and con- rmed end the appeal of Flinn & Treacy from the assessment was de- nied. The Hayes Valley Club obtained an amateur boxing permit for August 2 The Board of Works was directed to reguest the San Francisco Gas Com- pany to install sixty gas lamps at the following locat een Usnlop and Green reet, between Walter and %0 feet from San Jose ave- between Miseion and Franklin and between Green between street, south of N street; Ye Olde English Inn, st. Just one trial at Babs That's all - — Clerk-Carrier Wanted. or States Civil Service announces that a clerk- ins ugust Age limit, 18 Apply to the local secre- ffice, Riverside, or to the lo- of the Board of Civil iners, San Francisce, for form 1371, which should the district secretary at t later than 4 p. m. Attention is t that prior to the ex- 1 not necessary to exe- medical certificate on form 21. cute th 13731 HOUSEHOLD FURNITURE While our immense display fincfludcs many elaborate productions, we devote special attention to Furniture which in combining simplicity with comfort is exceedingly artistic. attention to our Martha Washington Writing Tables, also our Colonial Renais- sance and Mission Library Tables; all nse of the work eof con- | tion will be held at| DAIRY RULES ARE ADOPTED Supervisors Finally Pass Or- dinance Insuring the San- ftary Handling of Milk BIDS FOR BOND ISSUE Time When Proposals Will Be Received for Serials Is Extended to October 3 The Board of Supervisors yesterday finally passed the ordinance prescribing rules for dairies and the sanitary handling of milk, as recommended by the Board of Health. The Mayor has expressed his intention to sign the | measure so that it will shortly become | a law. M. C. Hogan was granted permission to blast for grading purposes on Coso | avenue, between Bernal and Precita | avenues. | Street and sewer work were ordered | on Belvedere stireet, between Haight and Waller; Helen street, near Cali- fornia, and West Mission street, oppo- site the termination of Hermann. J. J. Dowling obtained an extension of sixty days to construct stone side- walks on Eighteenth :-treet, between Clover alley and Danvers street. The petition of citizens calling at- tention to a violagion of the law re- quiring all sidew: elevators to be equipped with a safety device was re- ferred to the Fire Committee. The pe- tition says tbhat instead of using a device called for by the ordinance, the Board of Works adheres to the old @rch style that rises with the plat- form, thus endangering the lives of pedestrians. Ordinances were finally passed as follows: Authorising the final payment of §8000 on an approptation of $15,000 to the committes in charge of the San Francisco exhibit at the St. Louis Fair. Orderir the new ouse. Prohibiting the sale of goods and of gam- bling on the ocean beach. Extending the time when bids will be re- ceived for the sale of the bond issus for pub- lic improvements untfl October 3, 1004, pend- ing a decision of the Supreme Court on the | validity of the issue. Ordering stroet work on I street, between teenth and Seventeenth avenues: Frederi- treet, between Mascnic and De Long ave- nues; Bryant street, between Nineteenth and Twentteth. | Ordinances were passed to print pro- | the construction of water works at n | viding for the acceptance of Green- wich street, between Franklin and Van Ness avenue; Hickory avenue, between Buchanan and Webster streets; Sixth avenue, between H and I streets; Fifth avenue, between H and I streets; I street, between Fifth and Seventh ave- nues; Hugo street, between Fifth and Seventh avenues; Green street. be- ween Webster and Fillmore, and | Chattanooga street, between Twenty- first and Twenty-seconfl. Grades were ordered changed on Six- th street at Noe, Market and Cas- The Clerk was directed to advertise or proposals for printing 1500 munic- ipal reports for 1903-1904. The City Attorney advised the board as to the correct form of lease of prem- ises at Polk street and Locust avenus, 4| to be used as a detention station for juvenile offenders. —_——— New Federal Grand Jury. The following named taxpayers were sworn in yesterday as a Federal Grand Ju by United States District Judge de Haven: George R. Shreve, Willlam A Brace, C. F. Andrews, James Mier- son, George Mitcheil, J. P. Jour- | den, John coner, A. Pallies, C. C. | Hoag, M. C. Harrls, Joseph Korn, G. H. Fairchild, John J. Doyle, George W. Downey, George A. Hensley, Peter Wheelan, 8. T. Blake, De Witt Clinton b | Moore, Willlam C. Herbert, T. W. Armstrong, M. J. Keller (foreman), William Lev saler, James C. Haughy. ' Dies by Gas. John Wuorine, a sailor, selected a cheap end semi-religious place in which to die by his own hand. He engaged a 10-cent bed in the Union | Mission headquarters, 626 Washington street, last Sunday night. At 9:30 o'clock yesterday morning he was found dead, lying upon his bed, with the valve of the gas burner open. Wourine was & native of Finland and was naturalized in Seattle a few years ago. ADVERTISEMENTS. Fall importations. W.&J.SLOANE & CO. FURNITURE-CARPETS - RUGS - DRAPERIES- 114-122 POST ST., S.F. We call particular SLOSS AGAINST THE REGISTRAR Superfor Judge Restrains Payment of Salaries of Many Illegal Appointees UPHOLDS CIVIL SERVICE Court Says Deputies Should Have Been Selected From List of Eligible Clerks Superior Judge Sloss yesterday granted a temporary injunction to pre- vent the payment of the salaries of twenty-five or thirty deputy registrars who were appointed by the Board of Election Commissioners and have been performing the duties of their office. | This action was taken in the suit of | Frank J. Symmes, president of the Merchants’ Assoclation, against Audit- or Baehr and Treasurer McDougald. tion issue upon the plaintift’s provid- | ing & bond in the sum of $1000. | Judge Bloss’ ruling uphoids the Civil Service Commission. The wording of the opinion is sufficiently strong to in- dicate that the present deputy regis- | trars were lllegaily appointed and that ! their successors must be named out of | spending of any revenue from any pub- the eligible lists ot the Civil Service Board. Judge Sloss’ opinion is in part as fol- lows: / This is a suit to enjoin the Auditor from approving and the Treasurer from paying salary demands of seven persons appointed by | the Board of Election Commissioners as deputy registrars. The case now comes before the The court overruled Baehr's demurrer | and ordered that a temporary injunc- | to blast; to require the approval of the | SUPERVISORS IGNORE MAYOR Rule That Charter Amend-! ments Are Not Subject to Veto of City’s Executive SCHMITZ UP IN ARMS Declares He Will Direct Election Commission Not to Submit Propositions ——— Bupervisor d’Ancona, who presided at vesterday's meeting of the Board o!‘ Supervisors durlng the temporary ab-.| sence of the Mayor, ruled that the five | proposed charter amendments which were vetoed by Mayor Schmitz were not adopted in the form of ordinances or resolutions, and were therefore not | subject to the approval of the city's chief executive. The proposed amend- ments are designed to take away from the Fire Commissioners the power to award contracts and place it in the hands of the Supervisors; low progress payments on pub- lic contracts; to prescribe a dis- trict within which it is prohibited Supervisors of any permit issued by the Board of Public Works for blast- | ing operations, and to permit of v.hoi lic utility that may hereafter be ac- quired. The vetoes were read by title and were ordered to be placed on file, there being no objection to that course. D'Ancona did not explain the reason for sending the amendments to the | Mayor in the first place, merely saying that they had been sent by Clerk Fay, and not by the board. court on a demurrer to the complaint and an order to sMSw cause why a temporary injunc- tion should not be issued. 1t appears from the complaint that on March 14, 1004, the Board of Election Commissioners | appointed seven deputy registrars at a monthly | salary of $100 each and that none of the per- | sons so_eppointed had been certified to the | fon” commission by the Board of Civil | Service Commissioners. It is alleged that at | the time there wers more than seven candi- | dates upon eligible lists of the classifled clvil service who could and would have been cer- tifled by the civil service. The defendants contended that the plaintiff would not be injured by the payment of these salaries and that in any event he has an| adequate remedy at law by a suit against the | uditor or Treasurer on their official bonds. think there 18 no force in the point that the Auditor or Treasurer can be sued on his offi- clal bond. That is not a remedy available to the plaintiff; furthermore e same argument was applicable in the ci cited whers the ¢ was allowed, claimed that as the classificat! vil Service Commission contains a cMSs “‘deputies (Registrar's office),”’ and thers of were not enough names on that list to fill the places in question, the Board of Election Com- | missioners Was not required to take names | from the lists of ordinary clerks. But it is| alleged that thers were more than seven can- | didates standing upon the eligible lists of the ! Civil Service Commissioners in these two classes who could and would have been certi- fied to the Board of Election Commissioners. | Under rule 20 adopted by the Clvil Service Commission it rested with them to certify names from either list, if in its opinion those | lists equally conform to the requirements of | the position to be filled, and it was not com- | petent for the Election Commissioners to re- | fuse names merely because the designation on the eligible list did not agres with the titls | " the Board of Election Commissioners had given to the clerical assistants whom they | were authorized to employ. The evidence introduced on the hearing of | the order to show cause does not in any way affeet the vie pressed —_———————— YOSEMITE COMMISSION ELECTS NEW GUABDIANI‘ After Long Service John F. Stevens | Resigns and Is Succeeded by | George T. Harlow. | At a meeting of the Yosemite Val- | ley Commission yesterday afternoon | at the Hayward buiiding George T.| Harlow was elected guardian to suc-| ceed John T. Stevens. Stevens has | held this position for the last four years. He recently tendered his res-| ignation to the commission. An experiment In oiling the roads in the valley has not proved successtul | and a trial of the method ef macad- amizing will begin. The commission denied Edwin Fish’s application for permission to operate a captive balloon for the pur- pose of giving extended views to tour- | ists visiting the valley. George Fisk, a photographer, whose house was destroyed by fire, was granted permission to erect another building. The Commissioners present were C. G. Gibbons, William G. Kerckhoft, | Frank H. Short, J. C. Wilson, Thomas | ‘A. Hender and J. J. Lermen. jl {lot. The amendment, which was adopt- | amendment to the charter providing | ‘| days’ vacation WILL PREVENT SUBMISSION. “It s a matter of perfect indifference to me,” said Mayor Schmitz, who was seen after the meeting, “‘what action has been taken by the Supervisors on my vetoes. The charter provides that all proposed charter amendments shall be adopted by ordinances, and as such must be sent to me for my approval or disapproval. If the Board of Super-| visors fails to vote on my vetoes within thirty days the vetoes stand of them- selves. In the event that any attempt {s made to submit the amendments vetoed I shall notify the Election Com- | mission not to place the propositions { i to al-} i i | deputy health officer are similar to the duties on the official ballot.” In all likelihood mandamus proceed- ings will be instituted to compel the| Election Commissfon to submit the amendments. This course was infor- | mally discussed by some Supervisors, | but no definite plan was outlined. The amendments numbered 3, 4, 5| and 6, together with the one modifying | the dollar limit of taxation so that 85| cents shall be used for municipal ex-| penditures and 15 cents for public im- | provements, which one the Mayor| jsigned, were ordered to be published for a period of twenty days. | The Charter Amendment Committee | reported that gharter amendment No. | 2 was Imperfect owing to a clerical er-| ror, which omitted to state the chapter | and article of the charter designed to | be amended, and relative to the use of the income of any public utility. The error was corrected and the dmend-| ment was readopted. OTHER AMENDMENTS. Another amendment was adopted pro- viding that firemen’s pensions shall be | not less than $35 per month. The| amendment will increase the penslom‘i of five firemen from $22 50 to $35, and of twelve others from $17 50 to $35. City Attorney Long filed an opinfon | that it {s within the power of the board | to submit a charter amendment pro- | viding that real estate belonging to the School Department may be leased | for a term of fifty vears on condition | that the fmprovements erected thereon shall equal the appraised value of the| ed, also provides that the improve- | ments shall revert to the city at the| end of the leasehold. On recommendation of the Clarter| Amendment Committee the board adopted Supervisor Hocks' proposed that any reputable applicant who has been refused a permit to sell liquor by the Police Commissioners after a hear- ing may appeal to the Board of Super- visors, who shall have power to issue a license if it finds that the permit was refused for no just cause. Another amendment was adopted re- pealing the section permitting the Tax Collector to employ a special attorney for the collection of delinquent taxes. Still another amendm .t was intro-| duced and referred to the Charter| Amendment and Finance Committee. | It provides that the limitation in sec-| tion 13 of chapter 1, article 3, upon the rate of taxation, shall not apply in the case of the interest upon the claims for materials furnished to and work done for the city and upon unpald teachers’ salaries, the payment of which was authorized by a constitu- | tional amendment and gives the Su- pervisors the right to levy a special tax to pay such interest. MORE PAY FOR FIREMEN. Petitions sigi.cd by some 12,300 qual- ifled electors, requesting the gubmis- slon of a charter amendment provid- ing for increases in the salaries of cer- tain members of the Fire Department and the fixing of a regular vacation therefor, were filed yesterday with the Board of Supervisors. The petitions were referred to the Charter Amend- ment Committee, The proposed amendment provides | for monthly increases in salaries as follows: Captains, $120 to $150; lieutenants, $100 to $125; engineers, $11250 to| $122 50; hosemen, after two years’ ;orvice, $100 to $110; hostlers, $60 to 75. The intention is to subordinate the engineers to the lieutenants as regards | salaries and there is liable to be some | friction in this connection, as the en- | gineers propose to petition for an| amendment to increase their salaries| to $140, as prevailed under the old consolidation act. Under the law when 15 per cent of the electors petition for a charter amendment it is mandatory on the Board of Supervisors to submit it to the people. The board, however. may submit an alternative amendment and in this particular may amend by fix- ing the salaries at some other figure than petitioned for. FIFTEEN DAYS’ VACATION. The amendment also provides that each member of the Fire Department shall have fifteen days’ vacation each year and four days off of twenty-four hours each every month, thus making a/ total of sixty-three in _one year. The increases will affect fifty-nine captains ‘at $30 per month, or $1770; fifty-nine lieutenants at $25, or $1475; thirty-seven engineers at $10, or $370; \five hostlers at $15, or $75, and 360 hosemen at $10, or $3600, a total of $7290 monthly. The city will have to meet the sixty-three days’ vacation, requiring an additional ex- penditure, which will bring the total cost to $9000 or $10,000 monthly. The fact that another amendment will be {upon a consideration of submitted limiting the tax rate for municipal expenditures te 85 cents HEALTH BOARD'S POWER DEFINED Emery’s Suit for Reinstate- ment as Its Secretary Re- ceives Temporary Setback POINT AGAINST CHARTER Judge Sloss Suggests a Con- flict With Constitution. Other Cases Are Involved The attempt of James A. Emery to induce the Superfor Court to reinstate him as secretary of the Board of Health got a setback yesterday in the ruling of Judge Sloss, who sustained the de- murrer of the defendants, but gave Emery leave to amend his complaint within ten days. The cases of Drs. Hartley, Green and Curtis, who were appointed as sanitary inspectors, and ‘Wolfe, appointed to a position at the County Hospital, all of whom were re- moved, were submitted at the same time, and Judge Sloss’ opinion applied to each case. The opinion of Sloss is important in that It raises the question of distinc- tion between ‘“office” and ‘“‘employ- ment” In the public service, and inti- mates that the citv charter is in con- flict with the State constituion in is at- tempt to make appointees of municipal boards unremovable except for cause. The substance of Judge Sloss’ opinion follows: This is an appiication James for a writ of mandate t?mm.) &.?:2 b‘cfl of the Board of Health of the City and County of San Francisco to restore him to the position or office of secretary of the Board of Health. It is alleged that on March 29, 1901, the Civil Bervice Commission certified to the Board of Health the name of the peti- tioner, who had theretofore taken and passed the ctvil service examination, and that on the same day the &ppointed him secretary; that on January 9, 1004, the defendants abol- ished tbe position of secretary and created & new position under the name of deputy health fifl%r. to which they appolnted one Louls VY. It is further alleged that the duties of ioslhl.\:c!!lmh and t‘hll the defendants, in abol- 5 e one position and creatl acted In bad faith. L e The defendants argue that under the char- ter they had the power to abolish the plain- UIf's office, or employment, and that, as ths power bas been exercised, the plaintift cannot be restored to & position which no longer exists. But, on the demurrer, the allegations of the plaintiff as to the clroumstances of the abclition and its purposes are to be taken as mitted, It has been held in a number of ases arising under a civil service law similar in its main provisions to that declared in the charter that, although there is power to abolish a position, the courts will, neverthe- less, disregard a pretended abolition made in bad faith and for the purpose of removing or supplanting the oocupant. Any other ruls weuld entirely destroy the effect of the civil service provisions of the charter In so far as they seek to protect the tenure of employes. A more serious objection to the application is raised by the contentions that mandamus is not the proper remedy, and that the pro- vision of the charter giving the plaintiff the right to hold his position until removed for cause is in conffict with the constitution of the State, Each of these propositions rests upon the basis that the place or position occupled by Emery was an_ ‘‘office’” and that he wae an {ficer.”” If the position in Question was an employment,”” as distinguished from an ‘office,” the writ of mandate could properly | be used to restore plaintiff te such position, ! assuming that he was unlawfully excluded | therefrom. And, if it was not an office, thers is nothing In the constitutional provision above cited to prevent the plaintiff's tenure being during good behaviar. On the other hand, if Emery was an “offi- oer” he cannot resort to & writ of mandate to restore him to the office to which he claims to be entitied for the reason that the title | to public office will not be determined in man- damus proceedings, but only in quo warranto. And again, If Emery held an office he held | it (despite the charter provision) at the pleas- ure of the board appointing him. This result follows from the terms of the constitution (article XX, eection 16) above referred to, which provides that ‘‘when tbe term of any officer or commissioner is not provided for in this constitution the term of such officer or commissioner may be declared by law, and if not so declared such officer or commissfoner shall hold his office as such officer or com- missloner during the pleasure of the author~ ity making the appointment; but in no case shall euch term exceed four years.” 1 A law which merely directs that an officer | shall not be removed without just cause doew | not “‘declare’” the term of such officer within the meaning of the constitution, and he s ac- cordingly removable at the pleasurs of the | power appointing him. CHARTER PROVISION VOID. It follows that, so far as public officers in the service of the city and county of San Francisco are concerned, the provisions of the civil servics article of the charter to the effect that they shall not be removable except | for cause, upon written charges and after an | opportunity to be heard (article 13, section | 12), are in conflict with the constitution of the State and vold. This does not, however, af- | fect the validity of the provisions of the char- ter requiring the appointment of officers by | competitive examination, except In so far, as such provislons may 'in part be open to some other objection. The two features of the | civil service schems enacted In the charter, | to wit: appointment by competitive ex: - tion and tenure during good behavior, are mot | 80 ineeparably interwoven that the invalldity of the attempted tenure involves the defeat of the ‘“merit system” of appointment. It becomes important, therefors, to deter- mine whether or not Bmery was a public of- ficer; for, if he was and held at the pleasure of the defendant board, he is neither entitled {0 be reinstated to the office from which, as in alleged, they have sought to remove him, nor, If be were so entitied, could he estab lish his right in this form of proceeding. It is not easy to determine what constitutes a public pffice as distinguished from an em- ployment. by various text writers and decislons vary. *! * * It would seem clear that any person described In the charter to whom a definite | governmental function or duty is entrusted at & fixed salary and whose function s designated | by some specific title is an officer. The, secretary of the Board of Health does not | come within this class. He was appointed un- der the provision of article 10, section 3 of the charter readiog follows: ** (of health) may appoint such officers, agents and empioyes @8 may be necessary for the proper and efficlent carrying out and enforce- | ment of the purposes and dutles of the board, | and may fix their salarfes and prescribe thelr | duties.’” The charter then does not Iitseif | create the office of secretary of the Board of Health; it merely gives to the board the power to appoint officers, agents and em- ployes. * > APPLICATION INDEFINITE. The definitions of public office given "Ingpector Grifith that Chapman had a ADVERTISEMENTS. GASTORIA For Infants and Children, The Kind You Have Always Bought %flnMflpfine nor Mi T NARCOTIO. A perfect Remedy for Cons| ¥on, Sour sm:gm.m& Worms Convulsions Feverish- ness and LOSS OF SLEEP. For Over Thirty Years GASTORIA THE CENTAUR COMPANY. NEW YORK CITY. Ao snonih=s old 15 Dosrs = 33CENTS e e BOURBON DECREPIT OLD MAN IS HELD ON LINER VENTURA TALKS OF WASHINGTON MEMORIAL UNIVERSITY Comes Here From Australia With | Dr. Needham Would Make That Instl- 25 Cents and Says All His tition a College to Rank With ¥Friends Are Dead. West Point. Unless some friend or relative of | Dr. Charles Willis Needham ad- Willilam Chapman appears to claim |dressed a large gathering of Daugh- him he will be sent back to Australia |ters of the Revolution and members of by order of the Federal immigration | the Washington Memorial Association officials. Chapman arrived on the |2t the Sorosis yesterday. His object Ventura yesterday from Australia. | was to rekindle interest in the Ge United States Immigration Inspector | Washington University, which hs Griffith questioned Chapman, who is |ready been established at the national 86 years old, and feeble in body and |capital through the efforts of the mind. Chapman said that he was a | Washington Memorial Association. butcher and that he had friends in | The speaker dwelt upon the glowing this country. | possibilities of the institution if given ‘Where are they?” inquired Inspec- | the aid he maintained it should re- tor Griffith.\ | cetve. It is Dr. Needham’'s purpose to “They're all dead,” was the reply. | make the college a diplomatic univer- “Have you any relatives here?” sity and to train students that they “¥ig- but ther'ra alf dead.”” may serve their country as well as “Have you any money?" Annapolis and West Point graduates, “Yes though in other capacities. It will “How much?” take $500,000 to make the institution «“Twenty-five cents.” what it is intended to Db Of this The purser of the Ventura informed | through ticket to Bodie, Ill, where J. | M. Chapman, his brother, resided; but the passenger did not seem to be aware that he had a brother living. | The old man will be detained pending | investigation. —_———— FILE ANNUAL REPORT Spend Much Money for Improvements During the Year, Yet Have a Surplus of Let what you learn in the house of & friend The Park Commissioners flled their be Bacred. Yet it were b betraval of Bospl- | annual report yester with the tality to say, -“He keeps OId Gilt Bdge whiskey ® e Sn his buffei.” Whotesale at 20-31 Battery st,, | Board of Supervisors. The receipts * | from all sources during the fiscal year !S. F. Wichman, Lutgen & Co. + +! 1903-04 have been $342,892 72. After all expenses were paid there is a bal- Wolfe against the same defendants were sub- | ance of $7390 24 in, the fund. Some mitted with the Emery case. In the first But not every appointment made by the board would constitute the appointes an of- | ficer. He might, by virtue of the charter | section under discussion, be either an officer, | agent or employe. Whether he fell within one or another of these classes would depend | the terms of ht employment, the nature of his dutfes, the | permanent or octaslonal character of his em- ployment, the method of compensation and | the various other criteria which go to de- termine whether a given employment is or three the defendants make the additional point | Of the specific expenditures wera: that under article 13, section 12, of the | Water works, $16,39202; tennis charter physiclans appointed by or om the | courts, $1173 55; roads amd Y of Health are exempt {rom the pro- | §5393 44; forests, plantailon and visions of the civil service article. It does not appear, however, that the respective plaintiffs were appointed as physicians and I 5 70; structures. in=- treet gateway. | reclamation, $30 cluding Haigh think therefore' that the cases are not brought | 775 69; Spreckels Lake, $11,8 within the exemption relied on. In all other . emall parks, $42.354 23; respects these cases stand on the same ground grounds 15 Goldes GEte s. the Emery case and the same order will be made as in that case. Park, $11,723 T4. 1s not a public office. The application in the case at bar does not | disclose_the terms of the resolution under | Which the position formerly occupled by the plaintiff was created, the nature of the duties, | or the amount or méthod of his compensation. The application itself, however, repeatedly de- | scribes the post of secretary as an ‘“‘office,” | and as a pleading is to be construed most | strongly against the pleader it must be taken | upon this demurrer that the application shows the plaintiff to be a public officer and there- fore not entitled to the relief sought. Tt is possible, however, that a full dis- closure of the circumstances attending the | appointment and employment of the plaintift Would show that he was merely an agent or employe of the boardjand he should therefcrs have an opportunity in order to show these facts If possible. The demurrer will accordingly be sustained, with leave to amend within ten days. The cases of Hartley, Greem, Curtis and e e and allowing 15 cents for improve- ments may conflict with the proposed increases. City Attorney Long advised the 0 amend his application |- NEW ADVERTISEMENTS. NEWBRO'S HERPICIDE GOING! GOING!! GONE!l! board that all amendments to the charter must be submitted to the elec- torate at a general or special election held at least forty days after the pub- lication for twenty days of the pror posed amendment. ) L)