Blanchard v. Hartwell

TEMPLE, J.

This action is by a taxpayer to enjoin the city treasurer of Los Angeles and the city from paying the expenses of a certain board claiming to be a board of freeholders elected to prepare a charter for the city.

The city of Los Angeles already had a freeholders’ charter, which was approved by the legislature in January, 1889. In that year a board of freeholders was again elected which

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framed a new charter, which was submitted to the inhabitants of the city for their approval, but was rejected. In July of the present year another board was elected and formally qualified, and is proceeding to prepare a new charter. The case was submitted upon the stipulated facts. The defendants had judgment and plaintiff appeals.

The constitutional provisions bearing upon this matter are contained in section 8, article XI. So far as material here it is as follows: “Any city having the requisite population may frame a charter for its own government by causing a board of fifteen freeholders to be elected to prepare a charter, which, in the mode specified in the section, shall be submitted to the qualified electors of the city; 'and if approved by a majority of them and by the legislature, it will become the charter of said city and the organic law thereof, and supersede any existing charter and amendments thereof, and all laws inconsistent with such charter.” It is then provided, as to amendments: “The charter so ratified may be amended at intervals of not less than two years by proposal therefor, submitted by the legislative authority of the city to the qualified electors thereof, at a general or special election, held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circulation in such city, and ratified by at least three-fifths of the qualified electors voting thereat, and approved by the legislature as herein provided for the approval of the charter. ' In submitting any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others.”