Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-23

two fold, to remove the incumbent and
to elect a successor said Mr.. Hewitt,
"and the charter provision qualihes the
election of the mayor and the term Tor
which Mr.. Harper qualified was SUBJ
ject to this Imitation If the city
charter specifically prqyides for sucn
cases, can the mere fact of the resig-
nation of the mayor nullify the pur-
pose of the recall and prevent the peo-
Die from electing a successor?
"The resignation Of the mayer did
not recall the recall, but instead JUS
titled It,"
! Meserve Marks Argument
Mr.. Meserve then took up the case
for the plaintiff and said in part: THE
people of Los Angeles have right to
know who is the mayor Of Los An
geles, not only the mayor de facto, but
the mayor de jure, and am the attor-
ney for the people who have right to
know who Is the real mayor. While
conceding that a taxpayer has no right
to enjoin the holding OF an election,
where there would be an indebtedness
in the holding, then the court can step
in and enjoin the entering into of con-
tracts and the mourning of indebted
ness.
I'VE agree with the counsel for the
defense that there Is serious doubt
as to the right to test the election. but
we have the right to en5oin the inci r.
ring of Illegal expenses"
Mr.. Meserve then took UP discus
sion OF the charter and stated that II
was not the most sklllfully drawn
paper that has come under his obserVa-
ton. Mr.. Meserve contended that there
was no provision in the charter for the
election of a mayor to succeed one who
resigns after the recall has been in
voked against him.
when the citizens amended the re-
call law they took the power of electing
successor to the person recalled from
their own hands and placed 1t in the
hands of the city council" he said
"They gave the council power to fill
vacancies, however created.
by unexpired term is meant the
balance of the term for which the IN
cumbent was elected, for when Harper
resigned and the council accepted his
resignation, and by this action declared
the office of mayor vacant, Stephens
was appointed to fill the vacancy.
"And for what time? Until the I'M
expired term. 1t made no difference
whether Harper died or resigned. he
was in the eyes of the law politically
dead, which holds just as strongly as
though he had been physically dead.
BIames Trainers of Law
1.-THE trainers of the law are to blame
for the position, for errors of omis-
sion were made in not providing for
such q contingency.
1T contend that when a man leaves
his office, no matter what the cause
the value of the recall ceases and a
man in office is only removed when his
successor has duly qualified, and the
successor must be some one who OBJ
tanned larger number of votes.
at is for this reason that the bills
would be Illegal in holding useless
election. We desire the question to be
settled at this time and forever"
A. r. Holston followed with list OF
citations covering cases as nearly par
allel to the present one as possible, as
1t was impossible for any of the law
yers to find precedent.
Mr.. Holston argued that the COM
plainants waited too long before taking
their action, and maintained that If the
election would be declared void then
accordingly would the injunctions be
void.
He requested the court not to con-
slider the outcome of the election had
1t taken place without Harper's resig-
nation, as that was a matter of specu-
lation and should not be considered. He
spoke strongly against an interpreta-
ton of the law that would allow city
Official VINO mas D6Sn reCdlleu 10 CilWdTl
the will of over one-quarter of the
voters by resigning.
Defends Right to Sue
D.. R. Weller followed for the COM
plainant and defended the right of any
one to bring an injunction suit in such
case.
when the object of the recall was
obtained" said sWeller, ''as it was in
the present case. then all other pro-
ceedings are null and void.
Although Mr.. Hewitt raised the
point the city council could, If they de-
sired, re-elect the man who had been
recalled, II they chose to, I doubt If the