Higgins

The city of Fresno is a municipal corporation, organized in 1885, under the provisions of an act of the legislature approved March 13, 1883, entitled “An act to provide for the organization, incorporation, and government of municipal corporations.” It is of the fifth class named in the act, and has a board of trustees vested with power, among other things, “to provide fire-engines and all other necessary or proper apparatus for the prevention and extinguishment of fires; to appoint and remove such policemen and other subordinate officers as they may deem proper, and to fix their *261 duties and compensation; to establish fire limits, with proper regulations”; and “to do and .perform any and all other acts and things necessary to carry out the provisions of this chapter,” etc. (Sec. 764, subds. 6, 15, 18, 19.)

The city now owns, and ever since its incorporation has owned, three fire-engines and other apparatus for the prevention and extinguishment of fires, and it also has, and has had, a volunteer fire department.

In 1891 there was a city ordinance, No. 224, providing:

On the 18th of January, 1892, an ordinance, No. 248, was passed amending the foregoing ordinance and reading…