Los Angeles herald., 1909-03-16

LOS ANGELES, Cal March 49, 1909
To the Honorable City Council of the City OF Los
Gentlemen-In compliance with your request for
pursued by the council with respect the existing
caney in the mayors office beg to advise you as
Probably there time IN the, history Of
the council as the responsible body the municipal
government should act with due regard to legal con-
the public interests than IN the present emergency inc
mporant and disc factor in the conduct Of the
citys legislative and BUSINESS affairs which at the pres
the construction of the aqueduct, the contamination
of the proposed consolidation of this city with the har
Dor cities and other important public matters OF which
you know and 1t Is vitality important that his acts
shoue be kept entirely free from any doubt as to their
legality
ON March II last Mr.. A. G. Harper then mayor of
in wriung that his name be not placed on the official
ballot at the special eeeon to be mad March rs next
the office of mayor of the city This resignation was
and was tnereupon accepted by council Ihe sit
uation presented by the resignation OF the mayor,
and the nling OF the vacancy in the office OF chief ex-
ecutive OF the city, in connection with other crcum-
raordnary in the AFFAIRS OF the CITY, and from the ac
OF council at this time will
to cali Your attention inereto to the enc that such
course may be pursued as will be most consistent with
the orderly and regular conduct of public
At the time Mr. Harper's resignation was filed there
were. and now, proceedings pending recall
of the and the election of mis- On the
9th day OF February, 1903. petition presented to
city council signed the of the city, in
the and form required by law, seeking the
moVal Mr.. harper the office of and
manding that election be held the earliest
found by the clerk be sufficiently signed upon
his certifying that fact to your honorable body, and
uarly called be held on March 26 next for the
pose Of electing mayor of the city The ordinance is
ten times in the Los Angeles Daily Journal commence
ing February 20 and ending March T. 1909 and candi-
dates been placed nomination for the office Of
mayor. to be voted for at the said election.
pending pursuant to certain provisions of the city
% % s section ayic %as adde to
charter by amendment adopted in 1902 and approved
by the legislature in January, 1903:
ignaton of the incumbent of the mayors office who
the calling the election and before it term
mate s S na re in
ter, is scheme with two purposes namely: ..,.
First To remove from an elective office an unsatis-
factory incumbent and,
Second To elect his successor.
provisions the people have reserved
to themselves the right not only to remove an obec
official ne 10 ne mas s
case the petition filed and found sufficient
provided by the charter resignation in question
had taken place prior to the fling Of the petition then
jurisdiction to the election; but under the actual
@ opder the recall and having acted the mat
ter then passed beyond its jurisdiction into
'e On 1.-The the question whether the council power
m the es b ha IN the e e how D
would such appointee be entitled to serve am OF the
opinion that sucn appointee Woulu
only until the elected at the recall election
qualities
After careful study of the provisions of the charter
bearing upon the recall of officers and the filling OF
vacancies have the conclusion that the recall
election be held contemplated that the resig-
nation of the mayor sought to be recalled does not
rest the proceedings deprive the voters of the city
of the right which they otherwise unquesonably would
have of electng the of the mayor sought to
he recalled IN view of the vital importance of this
matter it u.s. believe incumbent upon to state to
YOU the grounds upon which this conclusion is based
It is to be noted, have already said, that the
recall" forth in the charter, consists of two
things: First the removal" of officer ard, second
w the election of his the "unexpred
term" 1t is special proceeding designed to meet
particular emergency when regularly begun is
affected by the withdrawal resignation Of the Of