Blanchard

This action is by a taxpayer to enjoin the city treasurer of Los Angeles and the city from paying the expenses of a certain board claiming to be a board of freeholders elected to prepare a charter for the city.

The city of Los Angeles already had a freeholders’ charter, which was approved by the legislature in January, 1889. In that year a board of freeholders was again elected which framed a new charter, which was submitted to the inhabitants of the city for their approval, but was rejected. In July of the present year another board was elected and formally qualified, and is proceeding to prepare a new charter. The case was submitted upon the stipulated facts. The defendants had judgment and plaintiff appeals.

The constitutional provisions bearing upon this matter are contained in section 8, article XI. So far as material here it is as follows: “Any city having the requisite population may frame a charter for its own government by causing a board of fifteen freeholders to be elected to prepare a charter, which, in the mode specified in the section, shall be submitted to the qualified electors of the city; 'and if approved by a majority of them and by the legislature, it will…

I dissent, under the conviction that the constitutional power to frame a freeholders’ charter is a continuing one, not exhausted by its single exercise.

(Judgment of reversal was entered at the October term, 1900, at Los Angeles.)