Dinan

This is an application for a writ of prohibition against the superior court of the city and county of San Francisco and Hon. J. M. Seawell, one of the judges thereof, to arrest the trial of the defendant as being in excess of the jurisdiction of the superior court.

The petitioner sets forth in his petition that the city and county of San Francisco is a municipal corporation governed by a freeholders’ charter, which was ratified and approved by the legislature of the state, January 26, 1899; that he is and was, at all times mentioned in the petition, the duly appointed and acting chief of police of said city and county, pur suant to the provisions of the said charter. That in June, 1907, the grand jury of the said city and county of San Francisco presented an accusation in writing against petitioner, in which it is alleged that he has been guilty of -willful and corrupt misconduct in office in connection with certain matters and things stated in the petition. The accusation concludes with a prayer that petitioner be removed from the said office of chief of police of said city and county in accordance with the provisions of sections 758 to 772 of the Penal Code of the state. It is…