Arizona weekly citizen., 1896-11-28
MilDAMUS. A Petition Filed Requesting The Removal of the
 Probate Judge. NEGLECT OF DUTY. A Failure to File the Quarterly Statements Required
 by Law.
NEGLECT OF DUTY.

The following is the text of @ legal document placed on file Saturday. It explains itselt:
 In the district court of the Third Ju~
 diciel District of the territoy of Arizopa, m and for the county of Pima
 Leo Goldschmidt, petitioner,
 James Finley, Charles F.
 Schumacher and z. T. Vail,
 constituting the Board of
 pervisors of Pima
 county.
 Petitioner alleges that he is 6 resident ana taxpayer of Pima county. residing in the city of Tucson in said county, and that defendants and each of them are r-siden,s of esid county, and that they are the duly elected. qualified and act ing Board of Supervisors of said coun- ty.
 1. That at the general election held 10 the count. of Pima on the 3rd dsy o; November, 1894, one John s. Wood was elected to the office of Probate Judge of said county, aud that he after wards qualified 6s such and also ss ex. cffioo clerk of the Probate court of ssid county, and that he is now the duly elected, qualified and acting Probate Judge and ex officio clerk of the Probate Onurt of eail county.
 II. That under and by virtue of the statute in such case made and provided, to-wit, Paragraph 427 of the Revised Statutes of Arizons and the other lave of Arizosa relative thereto, 1t was at the time of said election of seid John $. Wood and all time thereafter the duty of said John S. Wood ss Probate Judge and ex-oficIo recorder of the Probate Court of seid county of Pima, on the tirst Monday In January, April, July and Septem Der, respectively, in every year, to file in the office of the clerk of the Board of Supervisors of said county a sworn statement in writing of the amount of fees, commissions. compen. satiou earned and collected by him or deputies for official services during the three calender months ending on the last day of the previous month.
 Petitioner further alleges that said J3hn S. Wood as the Probate Judge and ex-offcio clerk wilfully failed and neg lected to file such statements ss above required, and that during the whole Of his term as Probate Judge and x-of6cio clerk be wilfully failed and neglected to tile any such statement aud plaintiff fur ther alleges that there upon 1t became and now it IS the duty of ssid defendan as the Board of Supervisors of sad Pima county to remove es John s. Wood from nis said office immediately.
 Petitioner further alleges that so to re- move ssi1 Judge S. Wood is an act 1a sotl duty on defendants and each of them resulting from their office as members of the said Board of Supervisors; that asid defendants as such board of Super, ieors have as such board notice and actual knowledge that DO euch statement ss is required by law from said John s. Wood as such Probate Judge and ex-Officio clerk has ever been filed es required by law, but that defendants ae such board have rot removed eald John s. Wood, and petitioner further alleges that they have no p:aIp, speedy and adequate rem- edy at law to compel said defendants as such board to discharge said duty.
 Wherefore petitioner prays for:s pre- emptory writ of mardsmus commanding defendants as the Board of Sul lervisors of Pima county to remove immediately saId John s. Wood from said office of Probate Judge and ex-officio clerk of the Probate Court of Pima county.
 (Signed.) ROCHESTER FORD,
 Attorney for petitioner. Territory of Arizona,
 County of Pima.
 Leo Goldschm midt, the above named petitioner. makes oath an1 ] says that he has read the foregoing application for a writ of msndamus and knows the con- tents thereof, and that the came are true except as to such matters therein stated ou information and belief, and that as to such matters he believes them to oe true.
 Subscribed and sworn to this 2lst day of Novem Der, 1896.
 LEO GoLDsoHMIDT. To James Finley, Charles F. Schu-
 mecber and z. T. Vail, composIpg the
 Board of Su oervisors of Pima county.
 Take notice that CD Wednesday, the 2ud day of Deceu, Der. 1896, at g o'clock a. n., or ss soon thereafter es 1 can be beard, I shall apply to the district court of the First Judicial district of tho ter ritory of Arizona, In and for tho county of Pima, citing in the court house ip the city of Tucson, in ssid county, for Q writ of mandamue, as prayed for in the within complaint, to issue against you mmauding you as the Board of Super vieors of Pima county to remove imme- diately one John s. Wood from bis office as Probate Judge and ex-of1icio clerk of Il