Board of Library Trustees v. Board of Trustees

CHIPMAN, P. J.

This is an action to restrain defendants from letting a contract for the erection of a public library building in the city of Hanford; the cost thereof to be paid out of the donation of $12,500 made by Andrew Carnegie. A demurrer was interposed to the complaint for insufficiency of facts, also that plaintiff had not legal capacity to sue, also for uncertainty. The demurrer was sustained without leave to amend, and judgment passed for defendants that plaintiffs take nothing by the action.

It appears from the complaint: That Hanford is a city of the sixth class, organized in January, 1892, under the act of March 13, 1883 (Stats. 1883, c. 49, p. 269); that pursuant to the act “to establish free public libraries and reading-rooms,” approved April 26, 1880 (Stats. 1880, c. 12(5, p. 231), the defendant board of trustees of the city of Hanford did regularly and duly pass a resolution establishing in said city a free public library and reading-room, and did provide for the levy and collection, as in other cases, annually, a tax not to exceed one mill on the dollar for the purpose of maintaining such free public library and reading-room in said city; that since April 11,. 1900, there has been, and now is, a duly appointed, elected, and qualified board of library trustees of the aforesaid library and free reading-room, established as aforesaid, managed and controlled by a board of library trustees consisting of five members; that on April 15, 1903, the plaintiffs above named became, ever since have been, and now are, the duly elected and acting board of library trustees of said city, and are vested with all the rights and powers conferred upon said board under the act of March 23, 1901 (Stats. 1901, c. 170, p. 557), being “an act to provide for the establishment and maintenance of public libraries within municipalities”; that “between the first day of April, 1903, and the first day of July, 1903, one Andrew Carnegie gave and donated the

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sum of $12,500.00 to the said city of Hanford for the express purpose of defraying the cost and expense of building and constructing in said city of Hanford a building to be used only for the purpose of a public library building in said city of Hanford for the public generally and the inhabitants of said city in particular, and the said city of Hanford thereafter did duly accept said gift and donation; and the said gift and donation was by the said Andrew Carnegie declared and created . . . prior to the commencement of this action and about May 22, 1903.” It is then alleged that ever since said sum was so donated “the said board of library trustees of the said city of Hanford, as such board, have in their judgment duly and regularly concluded and determined that no suitable building, or portion thereof, has ever, at any time since the giving and donating of said money by said Carnegie, been provided, or now provided, by the legislative body of said city of Hanford, to wit, the board of trustees of said city of Hanford, for said library therein.” The complaint then sets forth that about January 25, 1904, the defendants advertised for plans and specifications and estimates of cost for the “construction of a building for said public library in said city, and such cost to be'1 paid out of and from the money so donated and given by said Carnegie,” and that defendants, about February 23, 1904, 11 adopted plans for such building, to be paid for out of such fund, and are about to award a contract for the construction of said public library building to be paid for out of said donated fund”; that such acts on the part of defendants' “were and are unlawful and a usurpation of authority which the complaint alleges properly and legally should of right be done and performed by plaintiffs, as such board of library trustees under said act of March 23, 1901.” An injunction is prayed for “restraining defendants- from awarding said or any contract for the purposes named, the cost of which is to be paid out of said money so donated by said Carnegie and from interfering with plaintiffs in the discharge of their duties imposed upon them by law. ’ ’