Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-01-15
ELECTION MUST
BE HELD SOON
SAN PEDRO TRUSTEES TOLD
TO ACT QUICKLY
Vote on Exclusion of Territory Must
Be Taken Immediately After
Advertising Period Has
Expired

Although the San Pedro board of
trustees last Tuesday made a call for
an election to vote on the question OF
excluding that portion Of the city north
of Fifth street, and fixed May II, 1909,
as the date, no report was made to the
court of appeals in Los Angeles, which
had had the mandamus case in charge.
When the report of Lynn Helm, the
referee appointed to take testimony in
the matter was read before the court
/ yesterday morning, neither City AttOr
ney Henry Stieglitz nor Judge J. w.
! Mckinley appeared for the defendant
trustees. Representing the petitioners.
were Joseph A. Call, H. M. Barstow,
Milton K. Young and James A. Ander-
son.
Mr.. Barstow read the report Of the
referee, according to which the petition
of the $50 voters was amply sufficient.
AS there was no other contention by
the trustees which had not been dis
posed of previously, the court issued
peremptory order requiring the trustees
to call the election within a. reason
able time and as soon as practicable
after the legal advertising period of
four weeks"
The appellate court will retain juris-
diction over the case until the election
has been held and the canvass of the
votes made, so that San Pedro may
feel confident that her rights will be
protected.
1t appears certain that the court will
not consider May II as being within
reasonable time, and as soon as prac-
| ticable."
| The San Pedro city attorney, Henry
| Stieglitz, stated this afternoon that he
had long since Withdrawn from the
| case.
Following is the opinion of the court
| accompanying the order for the issu-
| ance of peremptory writ of man
date:
| In the district court of appeal, Second judi
cial district state of California.
John A. Anderson and Lewis Hansen, plain
tffs, vs.. George Huntington Peck, Nathaniel
| W. Tilton, Joseph w. Walton, Michael Duff
fy, Francis D. Foot trustees of the city
Of San Pedro and Charles Carolina Mason,
city clerk of the city of San Pedro, defend
ants. Peremptory writ of mandate
! The people of the state of California to
George Huntington Peck Nathaniel w. Titon
| Joseph w Walton, Michael Duffy, Francis D.
| Foot, as trustees of the city of San Pedro
| ana Charles Carolina Mason. city clerk of the
city of San Pedro, defendants: Greeting
Whereas it manifestly appears to the court
| by the affidavits of John A. Anderson and
Lewis Hansen and by your answer thereto
! and by the report of Lynn Helm, referee of
this court, and the court being satisfied that
| the plaintiffs are beneficialy interested herein
and are entitled to the relief sought in their
petition and that they have plain, speedy or
adequate remedy in the ordinary courts of the
! law;
| Therefore, we do command you that imme-
diStely after the receipt of this writ Gall ex-
cuseS and pretenses being laid aside), you do
call a special election in the city Of San Pedro
as prayed for in the petition filed with the
| board of trustees of said city the 18th day
| of November, 1908, praying for the severance
of certain territory in said city lying north
of the northerly line of Fifth street as ex-
tended from the westerly to the easterly
boundary of said city, and shall forthwith
submit to the electors of such corporation the
tO Mhaf lch lie
proposed by such petition shall be excluded
from said municipal corporation and cease to
be a part thereof and at the line of calling
said election shall give notice thereof by pub
location in newspaper printed and published
in said city of San Pedro for a period of
four weeks prior to such election Such notice
shall distinctly state the proposition to be so
submitted and shall designate specifically the
boundaries of the territory so proposed to be
excluded, and such notice of election shall
duly invite the electors of said city to~vote
upon such proposition by placing upon their
ballots For Exclusion and Against Elk
clusion, words equivalent thereto, and the
said defendants constituting such board of
trustees shall by like order and due notice
thereof as aforesaid fix proper polling places
, and appoint and designate the names of the
officers of such election.
That said election shall be called at once
and shall be held within a reasonable time
thereafter and as soon as practicable after
the expiration of said four weeks notice That
said election shall be held in all respects
as provided by law, end the Monday next
PENDANTS constituting the board of trustees
shall Immediately proceed to canvass the vote
cast thereat and declare the result thereof in
accordance with the provisions Of the statute
in such cases made and provided.
You are hereby further ordered and re-
4 quired to make return of your proceedings
hereunder to this court the 18th day OF
February, 1909.
Witness the seal of said court and the hand
of the clerk thereof this 14th day Of January,
1909.
w. D. SEEARER, Clerk
(SeaD.