The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-10

uIlQeT WHICH tUlS QlSIluCGlOIl Is lHdQc anu
this stipulation fixed is all contrary to law
and the franchises granted under it are all
unlawful.
What shall be done when the Board OF
Supervisors of the City openly violate the
letter and spirit of the law?
What is done when an individual breaks
the law?
The constitution of California provides
for the impeachment and removal from
office of derelict officials, and states that
all civil officers, except the higher officials
of the State, shall be tried for misdemean-
ors in Office in such manner as the Legis-
lature may provide.-Constitutio article
Nv, section Z, section 19.
The Legislature has provided two meth
DDS of proceeding against an officer for
malfeasance in office by the act of 1898
above referred to. The Penal Code sup
plies the details necessary to give effect to
this act Section 10 of the Penal Code pro-
vides for the punishment of misde-
meanor and reads as follows:
Section 10, Penal Code Except in
cases where a different punishment is
prescribed by this code, every offense
declared to be a misdemeanor is pun
ishable by imprisonment in a county
jail not exceeding six months, or by a
fine not exceeding six hundred dollars,
or by both.
Section 772 of the Penal Code provides
the method for the removal of an officer
found guilty of neglecting or refusing to
perform the official duties pertaining to his
office, which language is as follows:
Section 772, Penal Code-When an ac-
cusation 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 rem
dered, in his office, has refused or
neglected to perform the official duties
pertaining to his Office, the court must
cite the charged to appear before
the court at time not more
than ten or less than five days
from the time the accusation was pre-
scented, 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
a summary manner, the accusation and
evidence offered i'll support of the same,
and the answer and evidence offered by
the party accused; and if, on such hear
ing, 1T appears that the charge is SuS-
tanned, the court must enter decree
that the party accused be deprived of
his office, and must enter Judgment of
five hundred dollars in favor of the
infOrmer, and such costs as are allowed
in civil cases. amendments, approved
April IL, 1880; amendments, 1880, 33
ban. ed. 1891; took effect imme lately. }
The Supreme Court has decided that any
person under section 772 of the Penal Code
may bring the matter of the officials
neglect or dereliction to the attention of
the Superior Court, which must proceed to
try the case in accordance with the section,
and which may enforce the penalty of re-
moval from Office when malfeasance therein
has been proved.
The act of 1898 quoted above, under which
all street franchises are granted, provides
that any attempt on the part of the Board
OF Supervisors to defeat the provisions of
the law shall work forfeiture of the office,
and upon conviction the parties shall be
deemed guilty OF a misdemeanor, with a
penalty of fine and imprisonment.
What do the people of San Francisco
think of the acts of their trusted servants?