Charles Emerson Downs (February 11, 1898 – May 15, 1967) was the first

Los Angeles City Council The Los Angeles City Council is the legislative body of the City of Los Angeles in California. The council is composed of 15 members elected from single-member districts for four-year terms. The president of the council and the president pro tem ...

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 Moving or Movin' may refer to: Moving of goods * Relocation (personal), the process of leaving one dwelling and settling in another * Relocation of professional sports teams * Relocation (computer science) * Structure relocation Music Alb ...

in the Second Street Tunnel."Ex-Councilmen Found Guilty," ''Los Angeles Times,'' October 23, 1925, page A-1
/ref>

Biography

Downs was born on February 11, 1898,Social Security Death Index, cited in footnote.com
/ref> in Los Angeles, and in 1907 he became a general contractor."Who's Who In Council Race," ''Los Angeles Times,'' May 3, 1925, page A-1
/ref>"Controllership and Twelve Seats in Council Main Contests at the Municipal Election," ''Los Angeles Times,'' May 31, 1925, page B-6
/ref> 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.Charles E Downs obituary, ''Los Angeles Times,'' May 21, 1967, page B-7
/ref>Ada V. Downs obituary, ''Los Angeles Times,'' November 24, 1958, page C-8
/ref> 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 Joseph 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"Pickford Kidnaping Appeal Up; Decision Also Reserved in Ex-Councilmen Bribe Conviction," ''Los Angeles Times,'' April 13, 1926, page A-9
/ref> — 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 Boyle Workman, and he then worked with District Attorney

Asa Keyes Asa Keyes (August 9, 1877 – October 18, 1934) 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' i ...

and Chief Deputy D.A. Buron Fitts to lay a trap for Downs."Laying of Trap Recounted," ''Los Angeles Times,'' August 21, 1925, page 1
/ref>"Subway Plan Explained," ''Los Angeles Times,'' August 21, 1925, page 2
/ref> 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 News'' publisher Manchester Boddy, then joined Downs in petitioning Governor

James Rolph James "Sunny Jim" Rolph Jr. (August 23, 1869 – June 2, 1934) was an American politician. 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 ...

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 Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...

in Colorado after the Downs trial and was a "fugitive from justice" because he escaped from prison in that state."Downs Gets Citizenship Rights Back," ''Los Angeles Times,'' December 25, 1932, page 3
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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 Bennett, "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 Guarino (January 19, 1904 – September 7, 2005) was a Los Angeles City Council member between 1951 and 1961 and city controller from 1961 to 1977. Biography Navarro was born in New York City to Italian immigrant parents. He was ...

, 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."Complete Returns in City Primary," ''Los Angeles Times,'' April 9, 1953, page 2
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