Bower

Section 8 of article XI of the constitution provides that when a freeholder’s charter has been approved by the legislature, a copy thereof “certified by the mayor, or chief executive officer, and authenticated by the seal of such city, setting forth the submission of such charter to the electors, and its ratification by them, shall, after the approval of such charter by the legislature, be made, in duplicate, and deposited, one in the- office of the secretary of state, and the other, after being recorded in said recorder’s office, shall be deposited in the archives of the city, and thereafter all courts shall take judicial notice of such charter.” The present proceeding is in mandamus to compel the defendant as mayor of the city of Santa Rosa to perform the act thus required of him by the constitution with respect to a freeholder’s charter alleged to have been adopted by the people of Santa Rosa and approved by the legislature. A demurrer was sustained to the complaint and judgment given in favor of the defendant, from which the plaintiff appeals.

It is contended that the charter in question was not legally adopted at the election. The same section of the constitution provides…