Los Angeles herald., 1909-03-16

ecer whose removal is sought The council acquires
jurisdiction to order recall election upon h ne neon
therefor is sufficient The council IS gwen no non it
by express charter mandate 'order and fix date.
holding the election within specineo Le
steps in the proceedings follow automatically by opo
Grafton of law and from the date Of the me S t
subject interruption. 1t not necessary to enter INTO
think a careful reading the charter provision above
referred will lead clearly to the conclusion that 1t is
two objects mentioned both of which placed in the
from them The Petition for recall by the
clerk be sufficient is the jurisdictonal fact and an
election to choose the successor OF the person song
of office and the election of his successor are et
feced and the same time TO wit at the election
pose the recall" simply TO remove" an Of
there would be strength IN the argument that has
advanced that his resignation Quasnes the pro-
ceedngs and renders further action hereunder null
and void. But cannot so view the recall as set forth
the 1t is instrument registering the
will of the voters, not only as to whether an ofhcer
small small be be but also as to VINO ms successor
1t is true that vacancy exists in the mayor,
but that vacancy Is whoiy independent OF ana mas IN
my judgment, relation recall proceeding now
penoins Mr. harper was elected IN the nrst instance
a OF years, SUBJECT right
people any time terminate his incumDency and
10 They
nave determined to exercise that rgn and MS term OF
oftce VIII expire with the quailcaon OF MS successor
forthcoming recall election. Inc vacancy
existing is therefore not The remainder OF the
expired three years when originally
but only the interval remaining between this
date and the date OF the quaheation OF
receives the highest numDer tor
election. In my opinion, and you are ADVISED, the
only vacancy which it is your province TO NIL at this
is vacancy last mentioned.
having answered THESE legal questions deem it
questions and difficulties which. it me, you
should also carefully consider before taxing action
1t Is absolutely imperative that the acts of the incum
bent OF the executive ONCE should entirely
question their Legality, and your action
in reference to the vacancy in that office should be
carefully shaped with that end in view. No greater
Defa the city at this time than have
claimants office mayor, with the
consequent litigation, CONFUSION and uncertainty ar
fectng all OF the business of the city, Ii should
which your appontee shall will
reasonable PROBABILITY result in there being two claim
the mayors office after the recall election
less at the time of filling the same you take the
sary steps to prevent That contingency
With only person in fact assuming exercise the
functions of office, under color OF known sup
posed election appointment his will be pro-
tected by the law in the public interest," whether
legal right to such office or not; that is the
de facto officer recognized valid in
he is the de jure officer not but with two
claiming to be entitled the office then the very
Gus question will arise as to which of such claimants
could legally act
the necessary policy of avoiding by all the
tingency or condition of having two claimants the
view it, to prevent this. and think the
how you should order to obviate such an I'M
necessary and unfortunate result If should de-
it should with the distinct UNDERSTANDING both on
your part and on the part Of the appointed that
cation of the found to have received the highest
number of votes at the recall election Under this plan
the official acts of the person elected recall
election would be legal whether under the law he was
entitled to the office not and therefore question
of his title the office could litigated at the in
stance of any proper person interested in the matter
without involving the validity the incumbents acts
prejudicng the interests of the city. this plan is
not adopted then strongly advise you to fill the
existing vacancy In the mayors office the reason
that will be far better for the city endure the in
ags u the of the for the few
tanned than to incur the vastly and be-
lieve disastrous that will Inevitably fol-
low from having two claimants the office of mayor
many months until the controversy can be settled
by the courts.
Respectfully submitted,
LESLIE r. HEWITT,
City Attorney.