Los Angeles daily herald., 1889-03-21
THE CONTEST.
Assessor Fischer Restrained
by the Superior Court.
THE CHANGE OF GOVERNMENT.
Result of the Caucus of the Council
Elect-What 1t is Said to
Mean.

brought WORD tnat WITH uAu peen leeueu
by the Supreme Court restraining City
Assessor Fischer from assessing the prop
erty of j. Marion Brooks under the new
Charter. This restraining order, which
was received and served by the Sheriff
Yesterday afternoon, is as follows;
In the Supreme Court ofthe State of Califor-
mia, ]. Marion Brooks, petitioner. against John
FISCHER City Assessor of the City of Los An
geles respondent. Prohibition-The people OF
the State of California to John Fischer, CITY
Assessor of the city of Los Angeles State OF Cal
WHEREAs, II has been made manifest to our
Supreme Court by the affidavit of J. Marion
Brooks, the party benefcially interested, that
in the matter of assessing property IN the city
Of Los Angeles you, exercising Judicial tunc-
tions, have exceeded your jurisdiction, and that
there is no special nor any other plain, speedy
and adequate remedy; we therefore command
Won to show cause before this court, in bank;
At the city of Los Angeles, on TUESDAY, April
2, 1889, at 2 P. M, why you should not be ao-
solutely restrained from further proceedings III
said matter;
The Honorable w. H. Beatty, Chief Justice
of our supreme Court, at the courtroom, db 6 IN IN
MsssI Seal a. - 1907 I'D. SPENCE,
Clerk
By Ben NJ. Maddox. Deputy Clerk.
lD0 p6LltlOu On NnAOh bhO oOONO "0'
issued reads as fellows:
In the Superior Court of the State of Califor-
mia. ]. Marion Brooks, petitioner, vs.. City As
SCISSOR of the City of Los Angeles.
j Marion Brooks, being duly sworn, says:
That he is citizen of the State OF California,
and a resident and taxpayer of the City OF Los
Angeles in said State.
That the defendant was duly elected City As
SCISSOR of the City Of Los Angeles on the 80 day
of December, 1888, and qualified as such and
entered upon the duties of said office, and has
ever since, and does now, perform the duties OF
said Office. oo
qualified electors of said city ratified chatter
for the government of said city, framed as
provided by Section 8, Article II, of the Con-
stitution of the State of California, and there
after, to- wit on the - day of f---, 1889,
a resolution was introduced in the Senate of
the State of Calf ornia. the Legislature being
then in session, entitled Senate Joint Resolu-
tion No. O." purportng to be resolution ap-
proving the aforesaid charter. That majority
of the members elected to the Senate and the
nsjority of the members elected to the Assem-.
bly,, voted in favor of said resolution on the 23d
day of January, 1889.
The said Charter was never.subm1tted to the
Legislature of the State of California for its ap-
provsl or rejection as provided by section of
article IL of the Constitution. That neither the
said rt solution nor the said Charter was ever
read on three several days in each House, nor
was either declared q case of urgency. That
neither said resolution nor said Charter was
ever presented to the Governor of the Safe of
California for his approval or rejection, nor
either Of them signed or approved By said Gov
ernor.
That by the terms of said Charter and the
Constitution of the State said Charter took
effect on the 23d day of January, 1889.
That among other things 1t is provided by
said Charter that the City Assessor shall assess
all the taxable property within the said city to
the persons by whom 1t was owned or claimed,
or in whose possession or control ii was at IL
O'Clock meridian on the first Monday of March
next preceding, and within such time and in
such manner as prescribed by said Charter.
That the powers and duties of the City
Assessor in relation to the assessment of
property prescribed by the laws existing prior
to the framing of the Aforesaid Charter were
other than, and essentially different from, the
powers and duties provided in the aforesaid
Charter.
That, Notwithstanding that said charter has
never been submitted to the Legislature for its
approval or rejection, and never presented to
and signed by the Governor the said defend
ant, as City Assessor, without and in excess of
threatens and Is now proceeding to assess ali
taxable property in said city according to and
by virtue of the provisions of said charter, and
not otherwise, and particularly the property of
your petitioner, Notwithstanding his attention
has been called to excess of jurisdiction.
That petitioner is person benetcially inter
ested and has no plain, speedy or adequate rem
edy in the ordinary course Of law.
That all the facts set forth above are within
the knowledge of the petitioner.
That this application is made to the Supreme
are of great public concern, affecting the en-
tire revenue of the city of Los Angeles, and the
duties and powers of all the officers of said
city, and determination by lower court
would not be a satisfactory and final adjudica-
tiOn of the matter.
Wherefore, your petitioner prays for an alter
native writ of prohl bition commanding the de-
fendant to refrain from further proceeding in
the matter specified herein until the further
order of the Court, and to show cause before
this Court at a time and place specified in the
writ WhV he ahOUl1 NOT he AhgolntalV
strained from any further proceedings in said
matter.
WHAT is SAID.
AS was to have been expected, the re-
straining order created considerable talk
on the streets, and there was some doubt
at first as to whether or not it would
affect the change of city officers, which
will probably take place to-day. 1t was
thought at first that the present Council,
which will meet at 8 O'Clock this morn
ing, might refuse to turn over its man.
agement of city affairs to the Council.
elect until decision has been reached
by the Supreme Court; but, later in the
day, it was the general opinion that
nothing of the kind would be attempted, !,
since the writ was directed to no one but
the Assessor. 1t was held that if the
present Council decided to hold on, the
affairs of the city will be in
a very much mixed state before
a decision is received. The matter
will not be heard until April End, and
the Supreme Court may not render its
decision fer ninety days,
City Attorney Mcfarland, who was
met on the street, said that it was rather
strange that the order should be directed
to an officer who will not take his seat
under the new Charter until January 1st,
1890. He evidently referred to section
1876 of the new Charter, which reads,
Provided, that the City Assessor elected
at general municipal election, shall en-
ter upon the discharge of his duties on
the first Monday in January after his
election; and, provided, that the officers
elected at the first general municipal
election after the taking effect of this
Charter, except the City Assessor, shall,
after having qualified as herein provided,
enter upon the discharge of the duties
of the offices to which they have been
respectively elected" etc.
THE CAUCUS.
Notwithstanding the issuance of the
writ, the Council-elect made prepare
tions yesterday to take their seats this
morning. All of its members met yes-
terday afternoon at the California Bank
rooms to fill the vacancy in the Police
Commission created by the declination
of General r.. p. johnson. This Com
mission is considered the most impor-
Il Al, o.- o.ooto I1r1 Al n NON,