Arthur

The appeal is from the judgment in favor of plaintiff! for something over four thousand dollars for the publication in his newspaper of a freeholders’ charter of the city of Petaluma. Prior to March 8, 1911, said city was a municipal corporation of the fifth class under the general Municipal Corporation Act. On February 14, 1911, at a special election, said city adopted a freeholders’ charter and, on March 8, 1911, it was approved by the legislature and filed with the secretary of state. On December 5, 1910, the board of trustees of said city passed the following resolution: “The president of the board" of trustees having presented to this board the freeholders’ charter drafted by the board of freeholders, elected by the people of the city of Petaluma to draft and return a charter for said city, same appearing in form, I move that this board accept the same and that the clerk be, and he is hereby, directed to have said charter published in the manner and form provided by law. ’ ’ Thereafter, plaintiff received from the deputy clerk, who performed virtually all the duties and functions of the clerk, a draft of said charter for publication. Plaintiff published and advertised said…