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

geles County, State of California.
No. 67,01S, Henry S. Jones VS..
Niles Pease, ct al.
No. 67,O3S, Henry S. Jones VS.. w.
C. Mushet.
Actions to restrain the officers of
the city of Los Angeles from hold
ing q Recall Election" and paying
expense bills incurred on account
thereof.
Section 1880 of the charter of said
city is denominated 1.-THE recall" By
it's provisions any elective officer
may be removed" If % per cent of
those who voted at the last munich
pal election file a petition with the
city clerk demanding an election of
a successor of the person sought to
be removed, containing a general
statement of the grounds for which
the removal is sought" and the
same shall be certified to the city
council as sufficient, the council
shall order and fix a date for hold
ing said election, not less than
thirty days nor more than forty
days" thereafter, the successor OF
any officer so removed shall hold
Office during the unexpired term or
his predecessor. Any person sought
to be removed may be a candidate
requests otherwise, in writing, the
clerk shall place his name on the
official ballot without nomination.
In any such removal election, the
candidate receiving the highest
number of votes shall be declared
elected At such election If some
other person than the incumbent
receives the highest number of
votes, the incumbent shall, thereup-
on, be deemed removed from office
upon qualification of his successor.
In case the party who receives the
highest number of votes should fail
to qualify within ten days after re-
ceiving notification of election, the
office shall be deemed to be vacant.
If the incumbent receives the high
est number of votes, he shall con-
tinue in Office"
One A. c. Harper was elected
and qualified as mayor of said city
for a term of three years, beginning
the first Monday in January, 1907.
On the 18th day of February, 1909,
the city clerk certified to the city
council that a petition, sufficient
under the recall provisions of the
charter. had been filed demanding
an election of a successor to A. c.
Harper, sought to be removed from
said Office of mayor
On the 18th of February the coun-
Gil ordered an election to be held on
the 26th day of March, pursuant to
said demand and the provisions of
said Sec. 1886.
Harper's Resignation
On the 18th day of March the said
Harper filed with the city clerk two
,ta1a ,,rrl, cd
by him at the same time, were by
him filed in his Office in his follow
ing order:
l. II hereby request that you do
not place my name or cause it to
be placed on the official ballot to be
used on the recall election on March
26, 1909 which said election is call
ed for the purpose of recalling A. c.
Harper as mayor of the city of Los
Angeles. (Signed) A. c. Harper"
2. LOS Angeles, Cal, March IL,
1909. To the Hon. City Council of
the city of Los Angeles:
Il hereby tender my resignation
as mayor of the city of Los Angeles
to take effect imediately. (Signed)
A. c. Harper"
On the 18th day of March, 1909.
the said res' nation was presented
to the city council and accepted.
On the 18th day of March the
council resolved that the office of
mayor of the city of Los Angeles be
and the same is hereby declared va
can't" and on the same day passed
a resolution wherein, after reciting
the filing of the recall petition and
the ordering of said election and the
acceptance of said resignation, it
was formally resolved that the
city council do now proceed to fill
the vacancy existing in the office of
mayor by appointing a person to
serve as mayor of said city of Los
Angeles until the qualification of
the person who receives the highest
number of votes at the election to
be held on the 26th day of March,
1909" At the same meeting, by
motion duly presented and carried,
one William D. Stephens was unan-
imouslv appointed and elected Ito
fill the vacancy in said Office of
mayor occasioned by the resignation
of A. c. Harper" and thereupon the
president of the council declared
that Mr.. William d. stephens, hav-
ing received nine votes, | hereby
declare him appointed mayor to fill
the vacancy now existing IN the
office of mayor"
BY said charter it is also provided
(Sec. 81 that if the mayor shall die
or remove from the city or
shall resign, his Office may be de-
clared vacant by the council, and 1T
shall thereupon fill the vacancy"
And that in the event of Vacan-
CIV in an elective office, other than
in the council itself, 1.-The council
shall fill such vacancy for the I'M
expired term" (Sec. 1879
Proceed with Election
Notwithstanding the resignation
of Mr.. Harper and the appointment
of Mr.. Stephens to take his place,
the defendants-all the members of
the city council. the city clerk, the
city auditor and the city treasurer
ARE proceeding with said election"
and intend to hold it on the 18th
day of March and to incur the
necessary expenses therefor at a
cost of $4,000 or more.
1t is conceded on all hands that
all the proceedings for the election
are regular in every particular.
The plaintiff, who is an elector
and taxpayer of the city, conceives
the idea that because of the resig-
nation of Mr.. Harper the legal right
to hold said election under the recall
nrovisions If the charter termin-
ated, and that the holding thereof
would be illegal. In the complaint
in the first case he alleges that If
the election be held the person re-
ceiving the highest number of votes
will make a claim for the possession
of the office of mayor as against Mr.
stephens, causing a conflict as to
who is legally entitled to hold the
office, and thus resulting in confu-
sion that will embarrass the city
government in carrying on it's pub
lie works, and in performing its or
binary functions.
BY reason whereof plaintiff seeks
a Judgment declaring that Mr..
stephens is the duly elected mayor
for a term ending on the first Mon
dav of January, 1910. And that the
defendants be restrained from pro-