People ex rel. Adams v. City of Oakland

Vanclief, C. This is an action in the nature of quo warranto, brought by the attorney-general of the state, for the purpose of ousting the defendant from municipal jurisdiction over certain territory alleged to be outside of its charter limits. The city of Oakland was dncor. porated by a special act of the legislature, passed March 25,1854 (Stats. 1854, p. 183); and by a special act of February 19,1876, it was divided into seven wards described in the act (Stats. 1876, p. 62). On December 10,1887, a board of freeholders was elected to prepare and propose a new charter for the city of Oakland, as authorized by section 8 of article IX. of the constitution. This board reported the draft of a new charter, March 8,1888, which was ratified by a vote of the people at an election held on November 6, 1888, and was approved by a major[613]ity vote of each house of the legislature on February 14, 1889. On September 5, 1888, the requisite number of electors petitioned the common council, in accordance with section 7 of the general act of the legislature of March 13,1883 (Stats. 1883, p. 93), to include within the boundaries of the city the territory which is the subject of dispute in this action. For this purpose the council ordered an election, wdiich was held on October 27, 1888, in accordance with section 7 of the said act of 1883, and the result of which was in favor of the annexation petitioned for; and this result was duly reported to the secretary of state, and filed in his office November 21, 1888.

The findings of the court, according to the stipulation of the parties, show that the proceedings to adopt a new charter were such as are required by the constitution; and that the proceedings to annex additional territory were strictly in accordance with section 7 of the general act of March 13, 1883.

It will be observed that the proceedings to annex additional territorj' were commenced after the board oí freeholders had prepared and reported their draft oí the new charter, but were completed more than two months before the new charter was adopted by the legislature; and that the election ratifying the new charter was held ten days later than the annexation election. The new charter contains a definite description of the territory of the city of Oakland, which does not include any part of the annexed territory, but corresponds with the original charter boundaries.

Upon the stipulated findings of fact, judgment was rendered in favor of the plaintiff, ousting the defendant of all jurisdiction and control of the territory in question. From this judgment the defendant appeals upon the judgment roll, and contends that, upon the facts found, the judgment should have been for the defendant.