People ex rel. Willis v. Howard
Before: Temple
Synopsis
Constitutional Law — Subjection of Municipal Charter to General Laws — Public Libraries.—The act of the legislature of I860 (Stats. 1880, p. 231) entitled “ An act to establish free public libraries and reading-rooms ” by its terms applies only to such libraries as are established under its provisions, and not to those existing prior to its date, which were established under special laws and municipal charters; and the subjection of municipal charters to general laws by the constitution of 1879 does not apply where there is no general law on a given subject to which the charter relates.
Id.—Public Library of Los Angeles — Control of Trustees.—The free public library of Los Angeles, having been established under the act of the legislature of March 4, 1874 (Stats. 1874, p. 274), providing for the establishment of a public library in the city of Los Angeles, at a time when the constitution allowed special legislation, is controlled by the city charter of Los Angeles, adopted and approved in 1889, repealing the act of 1874, and providing for the management and control of the library; and the trustees appointed under that charter have the right 'to the control and management thereof, to the exclusion of trustees elected under the general law of 1880, which does not apply thereto.
Temple, C. The relators were elected trustees of the public library of the city of Los Angeles, December 1, 1890, under an act of the legislature, passed in 1880, entitled “ An act to establish free public libraries and reading-rooms.”
The defendants were appointed by the city council, as provided by the city charter adopted and approved in 1889. Whether the city charter or the act of 1880 controls is the only question involved.
We find in respondents’ brief what purports to be the [74]opinion of the learned judge of the trial court, which we approve and recommend for adoption as the opinion of this court, in accordance with which we think the judgment should be affirmed. The opinion is as follows: —
“This is a proceeding to determine whether the relators or the defendants have the right to manage and control the Los Angeles public library.
“ The case is submitted to the court for decision upon the facts stated in the pleadings.
“On March 4, 1874, a special act was passed by the legislature, providing for-the establishment of a public library in the city of Los Angeles. (Acts 1874, p. 274.)
“ Under this law the present Los Angeles public library was first organized and established.
“ By its provisions, the library was controlled by nine regents, who were elected by the council.
“ This act of 1874 was repealed by the city charter of 1878, and different provisions were made in the charter for the management and control of the library. The mayor and council were constituted the trustees of the library, and had the control and management thereof.
“ The library continued to be managed according to the provisions of the charter of 1878 until the adoption of the charter of 1889. This charter provides that the library shall be continued in existence, and shall be managed by five directors, to be appointed by the mayor and confirmed by the council.
“ The defendants were duly appointed directors of the library under the last charter, and ever since then have been and still are, as such directors, in the control and management of the library.
“ The constitution of 1879 provides that ‘cities heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this constitution, shall be subject to and controlled by general laws.’ (Art. XI., sec. 6.)
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