Scholefield

This is an original application for a writ of prohibition. .

The petitioner is and was, for some time prior to the institution before the board of supervisors of said county of Sacramento of a proceeding looking to his discharge therefrom, county engineer of said county, having been duly appointed by said board of supervisors to perform and discharge the duties of said position (Stats. 1919, p. 1290). The respondent, as the title of this proceeding indicates, is and has been for several years a duly elected and qualified member of said board of supervisors and regularly acting as such member.

On the thirty-first day of May, 1921, there were filed before and with said board written charges against the petitioner, accusing him of having committed, in his official capacity of county engineer of said county, “numerous offenses of misfeasance and malfeasance in office, of inefficiency, neglect of duty and misconduct in Ms said office.”

It is alleged in the petition: “That said respondent, John S. Scholefield, has heretofore expressed his desire and intention to secure the removal of this petitioner as such county engineer, and that, in furtherance of his said desire and intention,…