The herald., 1897-12-17
gn complaints as well a. draw them
Webb's Latest "Monkeyshine" Can
not Be Called . Success

Late on Wednesday afternoon Attor-
ney Meserve filed a complaint In the
county clerks office, entitled Walter L.
Webb vs.. F. NJ. Nickel and the other
eight members constituting the city
council of Los Angeles. 1t was for an all
tentative writ of prohibition command
ing the councilmen to temporarily re-
frain from suspending Webb from the
Office Of member Of the board Of educa-
ton, and to show cause at specified
time and place why they should not ba
permanently enjoined from any further
action in the matter.
Together with this document there was
a typewriter order for writ. which was
signed by Judge Shaw Of Department
FIVE yesterday morning, when the writ
was also issued and served upon the
returnable at 3 o'clock In the afternoon.
Mr.. Meserve was very careful to take
away with him the complaint and the
order for a writ when he started on q
hunt to find a Judge who would be dis
engaged yesterday, and thus 1t was that
there was no trace Of the injunction In
the clerks Office when the reporter In
quired for new suits.
1t is likely that Mr.. Meserve very much
objected to share with the newspapers
what he conceived would be a grand
sensation, and wanted to take no chances
that his coup de theatre" should fall
flat, II published few hours before his
thunderclap in tin basin was exploded
in the council chamber.
When the matter came up at o'clock
there were present In Department five
only City Attorney Dunn. Major H. T.
Lee and President Silver for the coun-
ell, and Webb appeared with Messrs. Me-
serve and oliver. The defendants had
filed no answer, but Mr.. Dunn did not
deny any of the facts alleged in the COM
plant, except that the council was try
ing Mr.. Webb. Major Lee Of the League
for Better City Government demurred
to the complaint on question Of juris-
diction. He said that the action from
which the plaintiff sought to enjoin the
council was a ministerial and not judi
cial one. Counsel further claimed that
council had right, under the charter.
to suspend, there being now an accusa-
ton against Webb for the purpose Of re-
moving him from office. He quoted au-
thorities to show that the accusation OF
the grand Jury was criminal proceed
ing.
Mr.. Meserve's answer was a REPUTATION
of all the arguments put forward by
Major Lee. He claimed that the council
could not suspend his client, because an
accusation to remove him from Office
filed by the grand jury was not GRIM
inal but civil action. The only GRIM
inal proceeding that had existed against
Webb was the indictment dismissed In
the forenoon by Judge Smith. Counsel
also advanced a theory that, granting
the proceedings under the accusation
were Of a criminal nature, then they
were unconstitutional, because they de-
MED the accused jury trial. Mr. Me-
serve was willing to assume most any
thing for the sake Of argument. but he
would nevertheless insist that the pro-
vision Of the Los Angeles city charter to
suspend q public officer was Of no force
or effect.
The court said It was apparent that an
official could not be very efficient while
proceedings for his removal on charge
of misconduct in his official capacity
were pending, and he dismissed the
writ.