This is an appeal from a judgment entered after sustaining a demurrer to plaintiff’s second amended complaint without leave to amend.

The City of Glendale is a municipal corporation organized and existing under a freeholders’ charter adopted under authority of sections 6 and 8 of article XI of the Constitution. This charter reserved to the city complete control of its municipal affairs. The individual defendants are officers of the City of Glendale.

The plaintiff is a citizen and resident of the City of Glendale and the owner of property assessed in and subject to taxation by the city.

This action is brought to enjoin the defendants from expending $20,000 from its water rights purchase fund, or any other of its funds, for the purchase of stock in the Verdugo Canon Water Company. While it only may be inferred from the complaint, it is not questioned in the briefs that the purpose of acquiring the stock is to furnish the City of Glendale an additional supply of domestic water for distribution to its citizens. We will therefore assume this to be true.

The charter of the City of Glendale (Stats. 1921, p. 2204; Stats. 1923, p. 1646; Stats. 1931, p. 2'693) contains the following provisions:

It is well settled in California that since the amendment in 1914 of section 6 of article XI of the Constitution giving the right to chartered cities to control their municipal affairs, the charter of a city availing itself of that right is the supreme law of the city on its municipal affairs (Civic Center Assn. v. Railroad Com., 175 Cal. 441 [ 166 Pac. 351 ] ; Cole v. City of Los Angeles, 180 Cal. 617 [ 182 Pac. 436 ] ; Hayes v. Handley, 182 Cal. 273 [ 187 Pac. 952 ]; In re Nowak, 184 Cal. 701 [ 195 Pac. 402 ] ; City of Pasadena v. Charleville, 215 Cal. 384 [ 10 Pac. (2d) 745 ]; Bank v. Bell, 62 Cal. App. 320 [ 217 Pac. 538 ]). In In re Nowak, supra, it is said:

After extensive citation of authorities, the court in Bank V. Bell, supra, said:

It cannot now be doubted that the furnishing of domestic water to its citizens is a municipal affair of a chartered city. (City of Pasadena v. Charleville, supra; In re Orosi Public Utility District, 196 Cal. 43 [ 235 Pac. 1004 ]; City of South Pasadena v. Pasadena Land & Water Co., 152 Cal. 579 [ 93 Pac. 490 ]; 18 Cal. Jur., p. 785, sec. 96, and cases cited.)

Plaintiff urges that section 31 of article IV of the Constitution provides that the legislature shall not have power to authorize the state or any political subdivision thereof “to subscribe for stock or to become a stockholder in any corporation”; that whatever the people, through the Constitution, have prohibited the state from doing cannot be done by a subdivision of the state; that constitutional restrictions imposed upon the legislature of a state rest with equal force upon the legislative bodies of instruments of government created by the state. In support of these rules he cites: Cooley on Constitutional Limitations, 7th ed., p. 278; 8th ed. of same, p. 412, North American Cold Storage Co. v. Chicago, 211 U. S. 306 [29 Sup. Ct. 101, 53 L. Ed. 195 , 15 Ann. Cas. 276] , New Orleans Water-Works Co. v. Louisiana Sugar Refining Co., 125 U. S. 18 [8 Sup. Ct. 741, 31 L. Ed. 607 ], Meriwether v. Garrett, 102 U. S. 472 [ 26 L. Ed. 197 ], United States v. New Orleans, 98 U. S. 381 [ 25 L. Ed. 225 ], and Murray v. Charleston, 96 U. S. 432 [ 24 L. Ed. 760 ],

Regardless of the eminent authority relied upon by plaintiff to support his views, we have a somewhat isolated situation -in California where the Constitution places a limitation on the power of the state legislature and at the same time contains a broad grant of power to chartered cities that avail themselves of it. The question seems to have been decided adversely to the contention of plaintiff by the Supreme Court of this state in the ease of Los Angeles Gas & Electric Corp. v. City of Los Angeles, 188 Cal. 307 , at page 317 [ 205 Pac. 125 ], where it is said:

As we have been cited to no constitutional or charter provision prohibiting the City of Glendale from securing a portion of its domestic water supply through the ownership of stock in a private corporation and as the charter of that city gives to it the right to establish, maintain, equip, own and operate waterworks and furnish its inhabitants with any public utility service or commodity, besides other broad powers, we can see no reason why that city cannot • acquire part or all of its domestic water supply through ownership of stock in a private' water company and use its surplus funds with which to purchase such stock.

Judgment affirmed.

Barnard, P. J., and Jennings, J., concurred.

A petition by appellant to have the cause. heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on December 17, 1934.