Edson

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:

To this accusation the respondents appeared and demurred, assigning a number of reasons why said accusation was and is insufficient, only two of which we need to consider—First: That said accusation does not state facts sufficient to…