People ex rel. Willis v. Howard

Citations

• 94 Cal. 73
• 29 P. 485
• 1892 Cal. LEXIS 640

Syllabus

<p>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.</p> <p>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.</p>