92 Cal. 611 | Cal. | 1891
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
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.
1. The first point made for appellant is, that quo warranto is not the proper remedy.
2. It is insisted that the territory in question was lawfully annexed to the city of Oakland by the proceedings above stated, which were completed November 21, 1888, and that the annexed territory was not detached by the new charter, adopted February 14, 1889. Admitting, for the purposes of the argument only, that the territory became lawfully annexed on November 21, 1888, 1 think the effect of the new charter adopted February 14,1889, was to detach it. Section 8 of article XI. of the constitution, by the authority of which the new charter was adopted, provides that, when approved by a majority of each house of the legislature, “ it shall become the charter of such city, .... and shall become the organic law thereof, and shall supersede any existing
None of the questions that have arisen in some of the cases, as to what extent and for what purpose a municipal corporation may exercise authority beyond its corporate boundaries, as to abate a nuisance or to obtain water, etc., is involved in this case. Here the sole question is, What have been the corporate boundaries of the city of Oakland since the adoption of the-new charter.?.— since it isnot claimed that the city has-power to govern, or tax the inhabitants, of territory outside of its chanter boundaries..
As- a description of'the territory whose inhabitants are incorporated as a municipal corporation is an essential part of the charter, an amendment of such description of the territory of the city of Oakland, by the proceedings to annex additional territory, was an amendment of its charter which was wholly superseded by the new charter, framed and adopted under and in accordance with section 8 of article XI. of the constitution.
I think the judgment should be affirmed.
Belcher, 0., and Fitzgerald, 0., concurred.
For the reasons given in the foregoing opinion, the judgment is affirmed.
Rehearing denied.