Betkouski

This proceeding was instituted to restrain respondent from going forward with the trial of petitioner under an accusation presented by the grand jury pursuant to the provisions of sections 758-772 of the Penal Code. Petitioner is a member of the city council of the city of Los Angeles, and the accusation charges him with a violation of the provisions of section 18 of the charter of the city, and demands his removal from office. Section 18, so far as it is material to this controversy, reads as follows:

This litigation presents, among other points, the principal question whether, in order to effect the removal of a member of the council under section 18 of the charter, resort may be had to the procedure by accusation and trial under the sections of the Penal Code already mentioned. Section 758 provides that “An accusation in writing against any district, county, township, or municipal officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed,” and the sections following it outline the procedure to effect a removal pursuant to the accusation, including a trial by jury in the…