Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-24

incumbent (the mayor from office,
but that by reason of the fact that
he has, prior to the holding of the
election, voluntarily resigned, there
is no one to remove; that the char
ter, having distinctly provided that
in the event of the vacancy in the
office of mayor by resignation the
council shall thereupon fill
the vacancy" the people have no
right to fill it by election-they
having themselves provided another
method, to wit, the appointment by
the council; that an examination OF
all the provisions of the charter
when properly construed, shows
that under the state of facts pre-
scented here, the city council shall
fill the vacancy caused by resigna-
ton of the mayor for a term ex-
piring with the end of the three
years for which he was originally
elected, and that the holding of
removal election" would be an idle
formality and would cause needless
waste of public money,
On the other hand, the defendants
contend that the mayor accepted
his election in the first instance
upon the condition contained in the
charter that his tenure may be ter
minated under the recall provisions
of the charter "at any time by the
electors" (Sec. 1880; that the cer-
LITIGATION by the clerk to the city
council that a sufficient petition
demanding an election to recall the
mayor has been filed, operates to
fix the time when his term will ex-
pire and his tenure of office cease,
10 wit, the day when the result of
the election shall be declared, I'M
less it transpires he shall have re-
ceiVed the highest number of votes,
in which event he will continue in
office" not by virtue of the election
at the time he was originally in
Quoted in office, but by virtue of
his having received the highest
number of votes at the recall cleo
ton; that the recall proceedings
have two-fold purpose: One, to
remove" the officer against whom
it is directed: two, to elect "a sue
cessor to the incumbent sought to
be removed" and that when the
proceedings for the holding of a
recall election have gone forward
as far as they had in this case,
even the death of the incumbent
would not interrupt them, but that
they would continue to the end.
1t is probable those who drafted
Tie CIdIl6I QlQ UOI anticipate
condition such as has here arisen,
for the language employed is not
apt for the support of the conten-
ton of either the plaintiff or the
defendants. Hence it is no surprise
that men honestly differ in their
views as to whether the law re-
quireS the election to be held or
the proceedings therefor suspended,
and it must be admitted that the
arguments presented in support of
each contention is not without rea-
son and logic.
Some suggestions are made and
illustrations used by counsel for
the respective parties for the pur-
pose of exposing what they con-
slider the untenability of their OPP
ponents' position. For instance, it.
is suggested by counsel for plain
tiff that 1.-The unexpired term" as
used in the section providing for
the recall and elsewhere, clearly
means the uneXpired period of time
for which he who heretofore filed
the office was originally elected.
And that the provisions of the re-
call section that if the incumbent
receives the highest number of
votes at the recall election he shall
continue In office" is clearly in
consistent with the idea that he
has completed term and will then
begin another. s,.
Defeats One Object
On the other hand, it is suggested
by counsel for the defendants that
if the plaintiffs contention be right,
then 1t is left in the power of the
incumbent sought to be removed to
defeat one of the very objects of the
proceedings, to wit, the election by
the people of his successor by
simply resigning. And, being a citi-
zen having the legal qualifications
for the office, he might be imme-
diately appointed by the council to
fill the vacancy for the remainder of
the term for which he was origin
ally elected. or until subsequent pro-
ceedings for his recall be instituted,
in which event he might again re-
sign and be reappointed, and so on
to the end, thus multiplying alto
gether the recall provisions of the
charter and make of them a mere
farce That an unfaithful and dis
graced officer may, in such manner
defy the provisions of the charter by
which it was intended to reserve to
the people the right to remove him,
and, by election, place in office his
successor. Indeed, it is conceded
by counsel for plaintiff that this
very thing might be done because
the charter was not so framed as to
protect against such a result)
That the charter (sec. 1880 provides
for the election of "a successor to
the incumbent sought to be re-
moved" also, that the person
sought to be removed may be can
didate to succeed himself" Does
not this Enquire the defendants at
torneys) clearly imply an intention
on the part of the people, when the
charter was adopted. to anticipate
the termination of ''the term" for
which the incumbent was originally
elected?
Otherwise, how could he thAre-
after, if he received the highest
number of votes, succeed himself"
and. unless the incumbent's term
expired with the holding of the cleo
ton, how could the people vote
for a successor to the incumbent ?
And the court suggested to counsel
this query: 1t is conceded that the
incumbent may. in any event, con-
tinue in office until the vote cast at
the election has been declared, and,
if he be defeated, until the success
full candidate qualities mot exceed
ing Ten QdySJ, NOW, ouppOoe llC
incumbent should resign after the
election and before the qualification
of his successor should resign, or,
on the very day of the election
would the resignation operate to
defeat and annul the election?
Lead Into a Maze
A consideration of such and other
suggestions are not of great assist
ance in solving the problems pre-
scented; they tend, somewhat, to lead
into a maze of contradictions and
to confuse the mind, though, it must