The herald., 1897-12-17
BUT HIS NEXT TRICK FAILS
81 nIT OF PROHIBITION AGAINST
THE COUNCIL DENIED
Full Text Of the Document-Council
VIII Now Probably Suspend
IN First Accusation

pose Oh tuklnS tCtlOu III TIC oCiAooi poui
scandal, was very brief The council
men had intended calling special cleo
ton in the Seventh ward to fill the va
cancy in the board of education caused
by the resignation of ex-Director Adams
fill, or prepare to fill, that place until
the result Of the general election had
been declared, and, what was more i'm
portant than either of the other matters,
suspend Walter L. Webb from office
pending the determination of his guilt or
innocence Of the charges against him
in the courts. There was not the slight
est doubt that Webb would have been
suspended, for eight out of nine of the
members had stated that they would
vote that way.
There was a surprise in store for them,
however. which prevented action at that
meeting. AS the several members filed
into the council chamber promptly at 10
o'clock each was served with a copy of
an alternative writ Of prohibition, in
which Webb was plaintiff and the men,
bers of the council were defendants. 1t
had been issued in Department five of
the superior court by Judge Shaw The
order of court is as followS:
The People of the State of California to
F. M. Ni,N;ell. F. L. Baker, z. d. Mathuss,
Herman Silver, c. II. Toll L. M. Order,
]. Ashman, E. L. Hutchinson and e. l..
Blanchard constituting and composing
the city council of the city of Los An
geles). and the City Council of the City
of Los Angeles, State of California
Greeting:
Whereas, Walter L. Webb Of the coun-
ty of Los Angeles, state of California,
lately in our court at the court room of
Department five thereof. on the 18th day
of December. 1897. represented and stat
ed to our said court: That he, the said
Walter L. Webb. was. on or about the
7th day Of December, 1896, duly elected
a member of the board of education of
the city of Los Angeles, state
Of California, for and from the
Ninth ward Of said city; that ever since
the 1st day Of January, 1897. he has been
and Is now the duly elected, qualified and
acting member of said board Of education
for and from said Ninth ward of said
city; that you, the said defendants, are
now and for all the times since January
1, 1897, have been the duly elected, quail
fed and acting city council of the city Of
Los Angeles, state of California, and for
all such time have and do now constitute
and compose said city council; that you,
the said defendants, as such city coun-
ell, have assumed and are now assuming
the right and power to try said plaintiff
for alleged malfeasance in office, and to
suspend and remove him from his
said office of member of said board
of education of said city; and that
you are now proceeding to unlawfully
try plaintiff as such member OF said
board Of education, and are proceeding
to suspend and remove him from his said
office, and that, unless restrained by this
court, you will proceed to do so and will
do so; that if you are permitted to pro-
coed in said matter, you Will interfere
with plaintiffs rights as such member of
said board Of education and will cause
plaintiff and the constituency he repre-
sents great and irreparable injury and
annoyance; that plaintiff has not plain.
speedy or adequate remedy in the ordi-
nary course OF law.
Nevertheless you, the said city coun-
Gil of said city of Los Angeles, as afore-
said, and you, the said +. M. Nickel,
f. l.. Baker, q. D. Mathuss, Herman
Silver, c. NJ. Toll, L. M. Order, ]. Ash
man, E. L. Hutchinson and e. L. Blan-
chard, we'll knowing the premises, yet
contriving, as it is said, the said Walter
l.. Webb unjustly to aggrieve and op-
press have proceeded and are proceed
ing to try said Walter l.. Webb for some
alleged malfeasance in office, as afore-
said and have proceeded and are pro-
ceeding in an attempt to suspend and
remove him from office. as aforesaid,
without right, jurisdiction, prerogative
or authority, in contempt of US, against
the laws and customs of our said state
of California and to the manifest dam
age, prejudice and grievance Of him, the
said Walter L. Webb
Wherefore, the said Walter L. Webb
has prayed relief and our writ Of prohi-
bition in that behalf.
We therefore, being willing that the
|
be observed, and that our citizens should
in no wise be oppressed, do command
you and each Of you that you desist and
refrain from any future or further pro
ceeding in the matter Of trying as afore-
said said Walter L. Webb as such men,
Der Of said board of education, or of at
tempting to so try him, and Of removing
him as aforesaid from his said office, or
attempting to so remove him; and of sus-
pending him as aforesaid from his said
office, or attempting to so suspend him
and from all other and further proceed
ings in said matter, until the hour of
o'clock p. m. of the 10th day Of December,
1897. and thereafter and until the further
order of this court thereon; and that you
show cause before our said court, at the
time last aforesaid, at the court room of
Department five of this court, In the
courthouse at Los Angeles, California,
why you should not be absolutely re-
strained and prohibited from any fur
Their proceedings in such matter
And have you then and there this writ
Witness, Honorable Lucien Shaw
Judge of said superior court, at Los An
geles, California, the 10th day of De-
cember, 1897. T. e. NEWLIN, Clerk.
BY GEORGE VARCOE, Deputy.
Accompanying the order was copy
of the complaint filed by Webb upon
which the writ was issued. The allega-