Howard

The relators were elected trustees of the public library of the city of Los Angeles, December 1, 1890, under an act of the legislature, passed in 1880, entitled “ An act to establish free public libraries and reading-rooms.”

The defendants were appointed by the city council, as provided by the city charter adopted and approved in 1889. Whether the city charter or the act of 1880 controls is the only question involved.

We find in respondents’ brief what purports to be the *74 opinion of the learned judge of the trial court, which we approve and recommend for adoption as the opinion of this court, in accordance with which we think the judgment should be affirmed. The opinion is as follows: —

“This is a proceeding to determine whether the relators or the defendants have the right to manage and control the Los Angeles public library.

“ The case is submitted to the court for decision upon the facts stated in the pleadings.

“On March 4, 1874, a special act was passed by the legislature, providing for-the establishment of a public library in the city of Los Angeles. (Acts 1874, p. 274.)

“ Under this law the present Los Angeles public library was first organized and established.

“…