Edson v. Superior Court

PLUMMER, J.

This cause is before us upon the application of the above-named petitioners praying for a writ of this court restraining and prohibiting the Superior Court of the State of California, in and for the County of Siskiyou, and H. S. Gans, as the judge presiding in said court, in the matter of this cause, from proceeding further in any proceedings based upon a .certain accusation filed in said court on the eighth day of December, 1928. Upon the filing of the petition herein an alternative writ was issued directing the respondents to show cause, if any, why the writ of prohibition prayed for should not be granted.

The records before us shows that on the eighth day of December, 1928, the grand jury of the county of Siskiyou presented and filed in said court an accusation against the above-named petitioners charging them with misconduct in office and asking for their removal. The accusation, so far as pertinent here, is in the words and figures following:

“A. G. Edson, Frank Piluso, Charles Hoffman and Ephriam Ackley as eouncilmen and members of the .board of city trustees of the town of Mt. Shasta City, Siskiyou County, California, duly elected, acting and qualified as such city trustees, and acting as such at all times herein mentioned, are hereby accused by the grand jury of the County of Siskiyou, .State of California, by this accusation, of wilful and corrupt misconduct in the discharge of their duties as said eouncilmen of the City Board of Trustees of the town of Mt, Shasta City, in aud for the said county of

[369]

Siskiyou, State of California, said wilful and corrupt misconduct as such Board of City Trustees consisting of the following acts, specified as follows, to-wit: That A. G. Edson, Prank Piluso, Charles Hoffman and Ephriam Ackley, qualified and acting as members of the City Board of Trustees of the City of Mt. Shasta, at Mt. Shasta City, in said Siskiyou County, California, on or about the 1st day of June, 1928, and 1st day of July, 1928, unlawfully, wilfully, corruptly, and under color of official right, did order collected and did collect and have collected and obtained of and from certain persons operating slot-machines and houses of prostitution within the city limits of Mt. Shasta City, certain fines, fees and licenses, to-wit: The sum of Five Dollars ($5.00) per month for the operation of illegal slot-machines, and the sum of Twenty-five ($25.00) Dollars per month for each house of prostitution, said sums being collected and paid by order of said City Board of Trustees, above mentioned, and individuals thereof, to the Police Judge of the City of Mt. Shasta City; which said sums were paid on or about the 1st day of June and the 1st day of July, 1928, and the said members of the said City Board of Trustees, above mentioned, knowing the same to be illegal and without authority of law.”