Craig

Plaintiff was at the time of the institution of this proceeding captain of police and a policeman of the city of Stockton. The object of the proceeding was to obtain a writ of prohibition restraining the superior court of San Joaquin County from trying him upon an accusation presented to said court by the grand jury of San Joaquin County under the provisions of section 758 et seq. of the Penal Code, providing for the removal of civil officers otherwise than by impeachment, charging him with certain misdemeanors in office. The sections referred to provide for an accusation in writing made to the superior court by the grand jury against any district, county, township, or municipal officer, for willful or corrupt misconduct in office, notice to the accused, a trial by jury, and, in the event of conviction, a judgment “that the defendant be removed from office.” The main claim of plaintiff and the only one that it will be necessary to consider is that by reason of certain provisions of the Stockton charter, the exclusive jurisdiction in the matter of the removal from office of officers, members, and employees of the police and fire departments of the city of Stockton is with the board…