Croly

A citizen of the city of Sacramento presented in writing to the board of trustees certain charges against appellant, as superintendent of streets; whereupon the hoard fixed a time for the hearing thereof, and caused a copy of the charges and a notice of the time fixed for the hearing to be served upon appellant, who thereupon petitioned the superior court for a writ prohibiting said board from proceeding to try him upon said charges. An alternative writ was granted, with an order to show cause why it should not be made absolute. The board demurred to the petition, and upon the hearing the demurrer was sustained, the alternative writ discharged, and appellant’s petition dismissed; and from that judgment he appeals.

The charter of the city of Sacramento contains the following provisions:

The charges against appellant are of incompetence, neglect of official duty, and of violations of said section 311, and contain seven or eight specifications.

Appellant’s first contention is stated as follows: “Assuming that upon charges in proper form being presented the board of trustees could try the petitioner and pass judgment removing him from office, the accusation preferred is not…