Charles E. Downs
Encyclopedia
Charles E. Downs was the first Los Angeles City Council
member representing the 10th District
after a new city charter went into effect in 1925. He was removed from office after just three months, however, when he was convicted of receiving a bribe from a developer who planned to construct a "moving sidewalk"
in the Second Street Tunnel.
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Meanwhile, the former City Council had awarded a franchise to the Tunnels Transportation Company to build a moving sidewalk under the Second Street Tunnel, with seats, "on each side of which would be a public sidewalk." Downs and John F. Fitzpatrick
, both new council members, said they were opposed to the project, but, according to William Hodges, vice-president of Tunnels Transportation, one of Downs's tenants — Jack Murphy, or J. Howard Murphy — told Hodges that the councilmen's votes could be obtained.
Hodges went to Downs's office and asked him what was expected, to which Downs is said to have replied: "It's long and flat and green," and he drew a rectangle on the back of an envelope. The same day, Hodges said, he notified Council President William Workman
, and he then worked with District Attorney Asa Keyes
and Chief Deputy D.A. Buron Fitts
to lay a trap for Downs.
On August 18, 1925, the new council was set to adopt ordinances for the project, but Downs and Fitzpatrick objected to an immediate vote, stating they had an "important appointment" to keep. The appointment at Downs's City Hall office was with Hodges, who passed each of the councilmen $1,000 in marked bills, wrapped in torn magazine pages. As Hodges left the room, he raised his hat as a signal to police officers hiding in the hallway, and they placed both councilmen under arrest. Murphy was also arrested.
Both councilmen were suspended from their offices while the trial was going on and were permanently removed upon their conviction in October 1925. Downs testified at trial that he "accepted the money under the impression that it was a belated campaign contribution." After considerable discussion and some changing of votes, the jury unanimously found both Downs and Fitzpatrick guilty of bribery but asked the court to be lenient with them. "This, however, is impossible, as at the last session of the State Legislature a provision was included in the Penal Code denying probation to convicted public officials." The jury acquitted Murphy.
publisher Manchester Boddy, then joined Downs in petitioning Governor James Rolph
for a pardon. Rolph granted the pardon on December 24, 1932; Rolph was joined by three Superior Court
judges, who said the testimony by Hodges of the Tunnels Transportation Company was "bad." Hodges had been convicted of larceny
in Colorado after the Downs trial and was a "fugitive from justice" because he escaped from prison in that state.
, "seeking election as vindication." Bennett won in the April primary with 12,173 votes to 2,834 for Downs and 1,843 for Bertrand R. Bratton (four precincts missing). He tried again in 1951, when he received 1,423 votes, in last place after 5,301 for State Assemblyman Vernon Kilpatrick, 5,077 for musician Charles Navarro
, 3,835 for incumbent Bennett and 2,250 for cafe operator George R. Hubbard. His last attempt was in 1953: He came in fourth with 1,385 votes. The other candidates were incumbent Navarro, 14,892; dentist John A. Somerville, 8,316; insurance investigator Ben F. Hayes, 2,781; and realtor Courtland G. Mitchell, 991.
Los Angeles City Council
The Los Angeles City Council is the governing body of the City of Los Angeles.The Council is composed of fifteen members elected from single-member districts for four-year terms. The president of the council and the president pro tempore are chosen by the Council at the first regular meeting after...
member representing the 10th District
Los Angeles City Council District 10
Los Angeles City Council District 10 is one of the 15 districts of the Los Angeles City Council. It includes parts of Palms, Koreatown and South Los Angeles. Herb Wesson has been the incumbent since 2005....
after a new city charter went into effect in 1925. He was removed from office after just three months, however, when he was convicted of receiving a bribe from a developer who planned to construct a "moving sidewalk"
Moving walkway
A moving walkway or moving sidewalk is a slow moving conveyor mechanism that transports people, across a horizontal...
in the Second Street Tunnel.
Biography
Downs was born on February 11, 1898, in Los Angeles, and in 1907 he became a general contractor. His mother was Ada V. Downs, and his brothers were Charles E. Downs of Los Angeles, Milson William Downs and Arthur S. Downs of Santa Monica and John W. Downs. He was married to Ruth Downs, who sued him for divorce in April 1928 while he was in San Quentin penitentiary. His daughter was Mrs. Elaine Mitchell, and his wife at the time of death on May 15, 1967, was Jean E. Downs.Political career
In June 1925, Downs was the successful candidate in the newly formed 10th District, which at that time was bounded by Pico, Jefferson, Vermont and Alameda Boulevards. In the general election, Downs was elected by a vote of 2,972 to 2,726 for Mark A. Pierce.Arrest
Meanwhile, the former City Council had awarded a franchise to the Tunnels Transportation Company to build a moving sidewalk under the Second Street Tunnel, with seats, "on each side of which would be a public sidewalk." Downs and John F. Fitzpatrick
John F. Fitzpatrick
Joseph F. Fitzpatrick was the first Los Angeles City Council member representing the 13th District after a new city charter went into effect in 1925...
, both new council members, said they were opposed to the project, but, according to William Hodges, vice-president of Tunnels Transportation, one of Downs's tenants — Jack Murphy, or J. Howard Murphy — told Hodges that the councilmen's votes could be obtained.
Hodges went to Downs's office and asked him what was expected, to which Downs is said to have replied: "It's long and flat and green," and he drew a rectangle on the back of an envelope. The same day, Hodges said, he notified Council President William Workman
William Workman
William Workman was an Irish-born Canadian businessman and municipal politician.- Biography :Workman migrated to Montreal, Quebec in 1829....
, and he then worked with District Attorney Asa Keyes
Asa Keyes
Asa Keyes was district attorney of Los Angeles County, California from June 1923 until 1928, when he was found guilty of accepting a bribe from the Julian Petroleum Company and was sentenced to five years' imprisonment...
and Chief Deputy D.A. Buron Fitts
Buron Fitts
Buron Rogers Fitts was a California politician, who was the 29th Lieutenant Governor of the state from 1927 to 1928 and Los Angeles County district attorney thereafter until 1940....
to lay a trap for Downs.
On August 18, 1925, the new council was set to adopt ordinances for the project, but Downs and Fitzpatrick objected to an immediate vote, stating they had an "important appointment" to keep. The appointment at Downs's City Hall office was with Hodges, who passed each of the councilmen $1,000 in marked bills, wrapped in torn magazine pages. As Hodges left the room, he raised his hat as a signal to police officers hiding in the hallway, and they placed both councilmen under arrest. Murphy was also arrested.
Trial
On August 25, 1925, the home of Downs's brother Milson W. (Bill) Downs, was "partly wrecked" by a dynamite explosion. Milson confessed to Deputy District Attorney Fitts that he himself had "planted the bomb under his own bed in an effort to work up some much-needed sympathy for his brother." No charges were brought.Both councilmen were suspended from their offices while the trial was going on and were permanently removed upon their conviction in October 1925. Downs testified at trial that he "accepted the money under the impression that it was a belated campaign contribution." After considerable discussion and some changing of votes, the jury unanimously found both Downs and Fitzpatrick guilty of bribery but asked the court to be lenient with them. "This, however, is impossible, as at the last session of the State Legislature a provision was included in the Penal Code denying probation to convicted public officials." The jury acquitted Murphy.
Appeal and pardon
Downs appealed on the grounds that Murphy's testimony should not have been allowed at trial; the appeal was rejected and Downs was sent to San Quentin but was released on parole at the age of 30 after serving less than two years of a six-year sentence. A group of leading Southern Californians, including Los Angeles Daily NewsLos Angeles Daily News (historic)
The Los Angeles Daily News , often referred to simply as the Daily News, was a newspaper published from 1923 to 1954. It was operated through most of its existence by Manchester Boddy...
publisher Manchester Boddy, then joined Downs in petitioning Governor James Rolph
James Rolph
James “Sunny Jim” Rolph, Jr. was an American politician and a member of the Republican Party. He was elected to a single term as the 27th governor of California from January 6, 1931 until his death on June 2, 1934 at the height of the Great Depression...
for a pardon. Rolph granted the pardon on December 24, 1932; Rolph was joined by three Superior Court
Superior Courts of California
The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...
judges, who said the testimony by Hodges of the Tunnels Transportation Company was "bad." Hodges had been convicted of larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
in Colorado after the Downs trial and was a "fugitive from justice" because he escaped from prison in that state.
Later elections
In June 1934, Downs filed as a Republican candidate for the 63rd State Assembly District, and in 1947 he ran again in the 10th District against incumbent G. Vernon BennettG. Vernon Bennett
Guy Vernon Bennett , also known as G. Vernon Bennett, was superintendent of schools in Pomona, California; a professor of education at the University of Southern California, and a Los Angeles city councilman from the 10th District from 1935 to 1951...
, "seeking election as vindication." Bennett won in the April primary with 12,173 votes to 2,834 for Downs and 1,843 for Bertrand R. Bratton (four precincts missing). He tried again in 1951, when he received 1,423 votes, in last place after 5,301 for State Assemblyman Vernon Kilpatrick, 5,077 for musician Charles Navarro
Charles Navarro
Charles Navarro , born Charles Navarro Guarino, was a Los Angeles, California, City Council member between 1951 and 1961 and city controller from 1961 to 1977.-Biography:...
, 3,835 for incumbent Bennett and 2,250 for cafe operator George R. Hubbard. His last attempt was in 1953: He came in fourth with 1,385 votes. The other candidates were incumbent Navarro, 14,892; dentist John A. Somerville, 8,316; insurance investigator Ben F. Hayes, 2,781; and realtor Courtland G. Mitchell, 991.
Further reading
- Chronological Record of Los Angeles City Officials: 1850—1938, Compiled under Direction of Municipal Reference Library City Hall, Los Angeles March 1938 (Reprinted 1966)