Brooks v. Fischer

Citations

• 79 Cal. 173
• 4 L.R.A. 429
• 21 P. 652
• 1889 Cal. LEXIS 689

Syllabus

<p>Constitutional Law—Municipal Corporations—Los Angeles Charter — Joint Resolution op Legislature.—Under section 8 of article 11 of the constitution, a city charter may be approved by a majority vote of the members elected to each house of the legislature, without the concurrence of the governor. The approval of the charter of Los Angeles by a joint resolution of both houses of the legislature was sufficient to give it validity, without the enactment of a bill to be approved by the governor. •</p> <p>Id. —Legislature. —The legislature is not synonymous with the law-making power, and does not include the governor, except as applied to the enactment of laws. The legislature, as a distinct body, consists of the senate and assembly, and is empowered by the constitution to act as a distinct body, with reference to the approval of city charters.</p> <p>Id.—Municipal Charter — Conflict with General Laws.—Under the constitution, the charter to be framed for a city government must be consistent with the constitution and with the general laws of the state. But the whole charter cannot be held invalid because a few of its provisions may be inconsistent with general statutes in force at the time of its adoption.</p>