The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-14

IS. There was an adjourned meeting on
that day and Councilman Pessell was then
for the first time marked as not hav-
ing been present. Two days before, on
Monday, November IL, which was the
regular meeting day, Pessell was on hand,
and from that time up to yesterday, the
member from the Sixth ward has not been
about the city hall.
The char err is very definite upon the
subject and provides without any reserva-
ton. that the absence from the city of any
member for a period longer than thirty
Not only that, but If any elective officer
shall absent himself from his Office for
more than five days without the consent of
the council, his Office may be declared
vacant and the council shall thereupon fill
such vacancy.
Councilman Pessell is said never to have
made any formal application for a leave
of absence. The records are dangerously
silent upon the subject, although nearly all
of the colleagues of the member from the
Sixth ward say that the latter informed
them of his intended trip. This may or
may not constitute formally legal leave,
and City Attorney Dunn declined to give
an opinion upon the matter yesterday
without having first informed himself fully
upon the law applicable to the case. Sec
ton of the city charter reads as follows
''lf any elective officer shall die or re-
move from the city, or absent himself from
the city for more than thirty days "
for more than five days without the
consent of the council, his Office may be
declared vacant by the council, and it shall
thereupon fill the vacancy"
Ii IT should be determined, in view of the
last half of the above section, that Pessell
had no formal leave of absence, he vacated
his right to his seat within a week after his
departure from the city. The section COW
ers his thirty days absence, which, it looks,
has also been squarely violated.
From the best Information obtainable it
appears tha4 the member from the Sixth
ward was stricken with brain fever shortly
after his arrival at his destination, and his
condition has always been such that tele-
gram to his home or friends IN this city has
been with him an impossibility. 1t is gen.
orally construed about the city hall that
under the law, as quoted, the council may
and is not compelled to-declare Pesselrs
Seat vacant; and that being the case, in
ton. in a Republican ward, Pesseil will be
by his colleagues at the next meeting for
mally reelected, even should it be deemed
necessary to declare his seat untitled.
Nearly all OF his colleagues are inclined
to censure the councilman from the sixth
Tor what they term the laxity and SEEM
ing carelessness which has made his pres
ent scrape possibility. Pessell had one
thirty day leave during the present year,
which, it is explained, was the reason for
his having left his duties without the for
ma ity of leave of absence. He was try
ing to avoid the censure Of political enc
mics.
The present city administration being
Republican in all it's branches, a successful
attempt may be made to GUST Councilman
Pessell and elect Republican opponent
to represent the Sixth ward for the re-
mainder of Pessel's term, which does
not expire for another year.
Pessell's warrant for his November sal
airy is still! uncalled for at the auditors
ohice. c. w. Vickery, deputy, is positive
that he saw the councilman from the Sixth
ward at the city hall on November 23d.
One story afioat yesterday 10 to the effect
that Pessell went east with the deliberate
intention of settling at some point in Wis
consin, while another statement made il to
the effect hat he was called away to at
that he is due here any day.