Larue

This is an appeal from a judgment removing defendant from the office of constable of Princeton township in Colusa county.

The proceedings were taken under section 772 of the Penal Code providing for the “removal of public officers by summary proceedings,” and were based upon a written accusation signed and verified by plaintiff charging defendant with refusal and neglect to perform the official duties pertaining to his office, in that “On the 27th day of March, 1907, at and in the town of Princeton in Colusa County, State of California, and in said township, a large number of persons on the streets of said town, did then and there willfully and unlawfully disturb the peace of said neighborhood and of said plaintiff by threatening, traducing, quarreling, and fighting with one another; and did then and there use vulgar, profane and indecent language that was heard by all passers-by on said streets; that said defendant was present and a witness-to all and each of said acts . . . and did willfully, knowingly and unlawfully refuse and neglect to preserve the peace, or to make any effort to prevent the same; that said defendant had full power, authority and ability to do and perform…