In Re Dunscomb

This is an appeal from an order sustaining a demurrer without leave to amend, to an application for an order to compel obedience to a subpoena issued by appellant as mayor of the city of Berkeley.

It appears from the petition that, the city ordered the printing of certain sample and official ballots from the “Berkeley Gazette,” a corporation of which respondents are officers. No specified price was agreed upon, but the work was performed and a bill therefor rendered to the proper authorities. The city council approved the same, but before payment was made petitioner, as mayor, was informed, so it is alleged, that the charge was excessive, and he thereupon determined to ascertain the truth as to whether or not the account was fair and reasonable. With this purpose in view he issued a subpoena to respondents directing them to appear and testify before him, and to produce probative evidence, consisting of certain described boobs and papers.

Respondents failed to obey the subpoena and the petitioner thereupon presented an application to the superior court of Alameda County for an order to show cause why respondents refused to do so. A demurrer was interposed thereto on several…