The herald., 1897-12-17
INDICTMENT QUAsHED
Webb squeezes Out Of One Hole
Through a Demurrer

AS prognosticated in yesterdays Her
aid, the indictment against Walter L.
Webb. the member Of the city board OF
education, proved but an empty bubble
1t was pricked Wednesday afternoon by
the attorneys for the defense and ex-
ploded yesterday morning by Superior
Judge Smith. The indictment, In short
has been dismissed and the defendant
discharged.
When court convened at 10 o'clock
Judge Smith, as soon as the Webb case
was called, read his opinion and order
sustaining Messrs. Meserve and divers
demurrer to the true bill. The defend
ant was not present.
His honor reviewed the indictment
which recites how Webb, as member
of the board, had exacted from one e. Il.
Cooper a sum of $50, upon promise that
he should be retained as janitor OF the
Sentous street school.
1.-THE defendant" continues the court,
has interposed demurrer to the indict-
ment upon the ground that the facts al
legged constitute a misdemeanor and not
a felony. and therefore that the superior
court has no jurisdiction OF the offense.
Section 1879 of the political code made
the offense a felony, but in 1889 the Sec
ton was amended. and now reads: The
Offering of any valuable thing to any
member of a board Of education with in
tent thereby to influence his action In
regard to the granting Of any teacher
certificate, the appointment Of any
teacher, superintendent, or other officer
or employe, the adoption of any text
book, or the making of any contract to
which the board of education, of which
he Is a member, shall be party; or the
acceptance by any member OF
board Of education OF any val
liable thing with corrupt intent, shall
be a misdemeanor punishable as by law
provided
"And while section II of the penal code
makes it a felony for any person, pro-
hibited by law from making or being in
terested in contract, who violates that
law, still section 1879 of the political code,
above referred to, deals especially and
directly with members of school boards
and makes the offense described In the
Indictment a misdemeanor; and there
fore, by the plainest rules OF construc-
ton the specific provision must control
the general, and hence am Of the opin-
ion that section 1872 above referred to,
governs In this case, and that the Of
Tense charged is a misdemeanor and that
the superior court has no jurisdiction OF
the offense. The demurrer Is sus-
| tanned"
In yesterdays Herald 1t was stated In
connection with the Webb case that Dis
| trict Attorney Donnell believed that the
excitement of the public at the revela-
| lions of corruption in the city board OF
education caused the grand jury to ig-
| more his warning that defendants Of
Tense was not indictable. The district
attorney said yesterday, after a meeting
with the grand jury: 1.-THE grand jury
followed out my instructions in not draw
ing up an indictment against Webb I'M
til after Axtell had made clean breast
before the board of education. They
then believed that under section II of the
penal code his admissions justified them
in indicting the member Of the school
board for felony. and I so advised
them
Major Donnell was asked II his office
| would take any steps In prosecuting
Webb on the misdemeanor charge which
his transactions with Adams. Axtell and
Cooper might justify.
IF any one Of these three men VIII
swear to the complaint, this office Will
prosecute Webb" was the reply, but II
cannot be expected Of us that we shall