People ex rel. Adams v. City of Oakland

This is an action in the nature of quo warranto, brought by the attorney-general of the state, for the purpose of ousting the defendant from municipal jurisdiction over certain territory alleged to be outside of its charter limits. The city of Oakland was dncor. porated by a special act of the legislature, passed March 25,1854 (Stats. 1854, p. 183); and by a special act of February 19,1876, it was divided into seven wards described in the act (Stats. 1876, p. 62). On December 10,1887, a board of freeholders was elected to prepare and propose a new charter for the city of Oakland, as authorized by section 8 of article IX. of the constitution. This board reported the draft of a new charter, March 8,1888, which was ratified by a vote of the people at an election held on November 6, 1888, and was approved by a major *613 ity vote of each house of the legislature on February 14, 1889. On September 5, 1888, the requisite number of electors petitioned the common council, in accordance with section 7 of the general act of the legislature of March 13,1883 (Stats. 1883, p. 93), to include within the boundaries of the city the territory which is the subject of dispute in this action. For…