Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-23
ATTEMPT TO ENJOIN
RECALL IS ATTACK ON
GOVERNMENT -WORkS

council would, and perhaps they should
be represented here by counsel" Mr.
Hewitt quickly responded by stating
that he did not intend to belittle the
intelligence of the council by such a re-
mark, but brought 1t up simply as a
| legal illustration.
Mr.. Weller brought out the point that
| If Harper had not resigned, but at the
same time had allowed his name to go
on the ballot, when would his term of
Office expire? and what stage in the re-
call proceedings did jurisdiction be-
come absolute? Mr.. Weller sue
ceeded in bringing out q number OF
possible predicaments that might have
been, all of which were left unan-
swered as the court thought the one
on hand was deep enough for the pres
emit.
Judge Works began his remarks after
short recess had been allowed at
O'Clock, and made one of the most
forcible and clear arguments of the ses-
sion. Mr.. Works talked with earnest
ness and stated that he did not go into
the legal phases of the cases very
deeply, because to his mind the subject
was so clear and simple that he could
not understand how any question of
legality could arise.
Works Makes Strong Address
In part Mr.. Works said: 1--WE have
presented to us the spectacle of a man
| trying to prevent the expression or
popular will, and the taking away Of
| the rights of the people by resigning
from office under fire. True it is that
| from such an act has come such re-
suit.
1T maintain that the fundamental
principles of government are at stake,
and that people have the inherent
right to elect to office the persons they
desire.
"The appointment of Mr.. Stephens
by the city council only can hold until
the citizens have an opportunity to
elect a successor to the office, and l
believe that this is so whether 1t refers
to a general or special election.
1.-THE recall is not alone an object or
weapon for the removal of a person
| from office, but is also for the purpose
| of providing for successor. No ap-
pointment can legally hold beyond the
date set for the recall election, and this
election has been legally called, and to
restrain it would be an attack on one
of the fundamental principles of Amer
lean government.
at is the office that should be pro-
tected, and not the occupant of the
| office, for the removal of the officer is
but an incident in the path of the
recall.
Petition for Election
"a petition for a recall is a petition
i for an election, and not for removal,
and this jurisdiction is stated in the
| petition. And can it be maintained
| that an officer can prevent this great
| weapon from being effective by mere
act of his resignation?
1.-THE facts alleged in the petition for
the recall election call for an election,
and by confessing that these facts were
existing can the officer destroy the
right of election? Rather to my mind
it justfies the election.
1.-The only function of the council in
recall proceedings is to call an election,
and the only chance of there being a
vacancy in the present case would be
| in the event that the person receiving
| the highest number of votes did not
qualify. That, and that alone, in these
proceedings would constitute a va
cancy.
1.-THE time of commencing the recall
determines the time of the term of the
incumbent against whom the recall is
directed.
There is no such a thing as va
cancy in the recall, 1t is for the pur-
pose of ousting one and to replace him
by another 4
Laying aside all legal technicalitiess
IL seems to me that the circumstSnc
of Harper's resignation and the desire
10 ODtdll lHe opinion Oh the people III
this controversy, and to have the ques-
tion settled now and satisfactory to a
majority of the voters, can be best ac-
complished by the exercise of COM
mon sense"
A. M. Stephens closed for the defense,
briefly declaring that If there should
be any doubt as to the legality of the
injunction 1t should be decided in favor
of the popular will.
Judge Bordwell then declared that
he would take the case under advise
ment and would render his decision
possibly today. but not later than to-
morrow.