Los Angeles herald., 1909-07-21
ENDS TERM OF
GEN. SHERMAN
SENDS MESSAGE OF REMOVAL
TO COUNCIL
Yonkin Announces He viii Vote to
Depose Member of Board of
Water Commits
sioners

A message removing Gen. NJ. H.
commissioners was sent yesterday to
the city council by Mayor Alexander
The mayor asked the council to con-
firm the removal but the council did
not seem inclined to respond and laid
the matter over for week. In this
matter the mayor has an unexpected
ally in Councilman Yonkin.
when this matter comes up next
week l will vote to remove Gen. Sher-
man unless he resigns in the mean
time" said Councilman Yonkin, with
what seemed unnecessary heat. Coun-
Gilman Healv wanted the message
filed, using his well-worn phrase that
the mayor was playing politics in ask
ing the removal. Just why Healy is so
opposed to anyone playing politics is
hard to understand, unless he wants
a monopoly on the game himself, for
he is the most inveterate political
player to be found among the city Of
ficials.
But that the mayor was not playing
politics and only acting in the direct
line of his duty was shown by the
message itself, which was as follows;
Law Quoted
Section IS of the city charter pro-
yides No councilman or other city
officer shall be interested directly or
indirectly, in any contract to which
/ the city is a party, or made by any
/ officer of the city in behalf of the city.
/ Any violation of this section shall be
/ a msdemeanor, and upon conviction
/ thereof. besides the penalties that may
! be imposed by a court of competent
! jurisdiction, the council shall declare
/ the office vacant and any person con-
victed of a violation of this section
shall be forever disqualified from hold
/ ing any office under this charter. Nor
/ shall any officer of the city be a surety
/ on any bond given to the city, or to
/ any person for the benefit Of the city.
/ 'iSection provides: All appointed
| officers shall hold office until removed
! by the appointing power, which shall
have the power of removing IN an
cases: provided that where confrma-
ton is required the assent Of the con-
/ firming body shall be requisite for re-
moval.'
"UTnder the provisions Of section 1872
of the charter, the board Of water
! commissioners is appointed by the
mayor. subject to confirmation by a
majority OF the COUNCIL
Sherman Ineligible
"The Main Street company, cor
! poration, has contract with the city,
whereby it leases to the city offices
| for the Los Angeles aqueduct. M. Ii.
/ sherman, one of the members of the
board of water commissioners of the
city, is a stockholder and director OF
said company. There is no imputatlon
of official misconduct on his part; but
this charter provision, section is,
simply renders him ineligible to hold
said office. (See opinion of the city
attorney attached hereto)
IN. II. sherman although this opin-
/ ion Of the city attorney and this pro-
vision of the charter have been called
to his attention, has not seen fit to
resign. It is my duty as mayor to see
that the laws are enforced, and in
pursuance of that duty 1 do hereby
remove said M. II. Sherman from the
board of water commissioners Of the
citv of Los Angeles, and respectfully
ask your honorable body to assent to
said removal;
"I am prepared to submit the name
of Henry r. Lee as the successor OF
Cen Sherman"
Want Sherman to Resign
Citv Attorney Hewitt prepared an
opinion similar to the one he had given
the mayor and presented it to the city
council yesterday afternoon. He stated
there we're several methods that could
be used to remove public othclaI
who holds office Illegally. one method
is by quo warranto proceedings
brought to test the right of the official
to hold the office, another by proceed
ings in a police court that would in
voive the charge of misdemeanor, as
provided in the charter, and another
by the mayor and council uniting IN
unseating the official, which would con@
stitute a complete custer.
Councilman Dromgold expressed
himself in favor of the quo warranto
proceedings. but the councils impress
sion is that Gen. sherman will resign