Los Angeles herald., 1892-08-28
HAS A PENCHANT FOR SHOWS.
City Tax Collector Lenient to
Baseball and Circus.
The Law Which Shows How He Can
Be Removed.
Some Matters for the Attention or the
Grand Jury : The Provisions of
the Code Pertaining to
the Matter.

from department one OF the superior
court, the grand work can commence.
There are numerous and sundry matters
which can be called to its attention.
Among other things let the grand
jury inquire why the city tax and license
collector has failed to collect license
from the professional baseball games
that have been played at Athletic park.
According to ordinance No. 70l, duly
passed by the city council, for every
game of professional ball played at the
| park there should be license fee OF SO
per day collected. The licenses though
should be only collected by the city tax
collector. They are made out in the
Office of the city clerk and turned over
to Mr.. Thompson for collection.
The code of civil procedure, section
$40, covers the case of failure to collect
license. 1t reads:
An act providing for the removal of civil
officers for violation of official du-
ties.
Civil officers may be removed for viola.
tion OF official duties.
| Section l. Any member of any board
of directors, board of commissioners, or
other board of officers, state, city, coun-
ty, or district, or other person who has
been elected or appointed, or who shall
hereafter be elected or appointed to
hold, control, build, or manage and pub
lie building of the state, or of any coun-
ty, city, or city and county, in this state,
or to hold, control, manage or disburse
any of the public funds of this state, or
OF any county, city. or city and county
| in thiO afata
through, or under the authority of any
such board of directors, board of com.
missioners, or other board of officers, or
other persons, as aforesaid, or sny other
in the state, who shall be guilty of a will
| full violation Of any OF the provisions OF
the statute, under which he or they
were, or may hereafter be elected or APP
pointed, or of any other statute or
statutes OF this state prescribing or de-
fining their duties and powers, or passed
for their government and control, or
who shall be guilty of any other willful
VIOLATION OF OFFICIAL DUTY, shall be de-
prived of his Office. and otherwise pun
ished, in accordance with the provisions
of section two of this act.
| Sec. 2. Whenever any complaint in
writing, duly verified by the oath of
any complainant, shall be presented to
the district court, alleging that any of
the officers, or other persons referred to
in section one of this act, have, within
the jurisdiction OF said court, been
| guilty of a violation OF the provisions of
said section, or of any other statute or
statutes of this state which have been,
or may hereafter be, passed for their
government and control, or prescribing
and defining their duties and powerss it
shall be the duty of eaid court to cite
| the party or parties charged to appear
before him on certain day, not more
than ten nor less than five days from
| the time when said complaint shall be
presented; and ON that day, or some
subsequent day, not more than twenty
days from that on which said complaint
is presented, shall proceed to hear, in a
summary manner, the complaint and
evidence offered i'll support of the same,
and the evidence offered by the party or
parties complained of; and if, in such
hearing, it shall appear that the charge
or charges contained in said complaint
are sustained, the court shall enter
decree that said party or parties COM
i planned of shall be deprived of his or
their Office or position, and shall enter
judgment for $l00 in favor of the COM
plainant, and for such costs as are al
lowed in civil cases.
Section 772 of the penal code alse
covers the case in the following lam
| guage:
Section 772. When an accusation in
writing, verified by the oath of any
person, is presented to a superior court,
alleging that any officer within the
jurisdiction of the court has been guilty
of charging and collecting illegal fees
for services rendered, or to be rendered,
in his Office, or has refused or neglected
to perform the official duties pertaining
to his office, the court must cite the
party charged to appear before the
court at time not more than ten nor
less than five days from the time the
accusation was presented, and on that
day, or some other subsequent day, not
more than twenty days from that on
which the accusation was presented,
must proceed to hear, in summary
manner, the accusation and evidence
offered in support of the same, and the
answer and evidence offered by the
party accused and if, on such hearing
it appears that the-charge is sustained.
the court must enter decree that the
party accused be deprived of his Office
1t is under section 772 that the sheriff
of San Diego county, j ohm FL. Foulks, an
erring Republican official, has just been
tried in the superior court Of that
county and found guilty of malfeasance
in Office. The Judge is to pass sentence
on him September 9TH. 1t is time some
of this kind Of work commenced here,