The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-16
WANT THEM FINED
Suit to Punish Murdoch
and Symmes.
Troy and Barrett, Backed by the
Attorney-General, Will Gust
Them From Office.

The expected action by Daniel O. TROY
and Emmett P. Barrett, the newly elected
School Directors for the unexpired term.
to secure them seats in the Board of Edu-
cation. was taken yesterday morning. An
action was commenced in the Superior
Court to GUST School d rectors Charles A.
Murdoch and Frank J. Symmes from Of
fee and TO bject them to fine of $4,000
for unlawfully usurping and holding a
public flee.
The suit. which was filed with the
County Clerk. was commenced in the
name of the People of the State of Calf
fornia, by Attorney General w. Il. Il.
Hart, and upon the relation of D. O. Troy
and E. P. Barrett, and by the legal firm of
Henley, Dimond g. Costello. 1t takes the
form Of petition for the issuance of a
writ of QUO warranto to be directed against
Murdoch and SyDmes. calling upon them
t. show cause why they should not be ad-
judged guilty of usurping, intruding. I'M
lawfully holding and exercising office when
not entitled thereto.
rett were duly elected on Novembe 6. but
that when they attempted to take their
seats on December u the defendants,
Murdoch and Symmes, refused TO vacate
their offices, and had since then persisted
IN holding on to them Illegally and unlaw-
fully. The court is asked to find that the
defendants are not entitled 10 their Offices :;
that the plaintiffs. Troy and Barrett, be
declared elected School Directors for the
short term; that the defendants. Murdoch
and Symmes, pay the costs of the suit,
and that writ of quo warranto be d.
rected against them, as described above.
In the event of their being found guilty of
ri a tinp hor - 10 I'D haf
fine of $4,000 be imposed upon the defend
ants, the penalty provided for such cases
by the statute.
Presiding Judge Hebbard granted The
desired writ at once, and made it return
able before Judge Wallace tomorrow
monday at noon.
The ousting of Murdoch and Symmes
and the sea ting OF Troy and Barrett is an
unfortunate move from the fact that in
such event there will be a majority 10 the
hoard against President F. A. Hyde's COM
binati0D and the upseting, therefore, of
good many plans. Yesterday morning
when Attorney S. Y. Costello, who filed
the sui, went to the Attorney Generals
Office to get the required permission to
bring the suit in the name OF the people of
the State, he was informed that Hyde had
already called there with reQue tb at
the permission be not granted until his
side of the case could be heard. Hyde's
dlboTuey Hau also Ubbn W sto tno AttoT-
ney-General, but the3permission was
granted by Deputy Attorney General
Sanders-Hart being in Washington-and
the suit was filed.
1t is understood that the defense offered
by Murdoch and Symmes for not vacating
their offices will be that School Director
Clinton forfeited his flee by being out o I
the State over sixty days, and that upon
his return he was reappointed so as to
make things square. Murdoch and Symmes
will contend that Clinton's Office by this
course became the short term, and that he
also should be called upon to vacate. But
the plaintiffs contend that the law relating
to county officers does not apply to School
Directors.