Davie

This is an investigation instituted in the name of the people, in the nature of quo warranto, to test the title to office of the present" board of public works of the city of Oakland, said board consisting of three commissioners. The defendants, the mayor, the city attorney, and city engineer, are ex officio the commissioners and form this board of public works. They claim title to office under and by virtue of certain amendments to the charter of the city of Oakland. Their tenure of office is attacked by plaintiff upon two grounds: 1. That the election at which the amendments to the charter were submitted to the people was not authorized by law; and therefore said amendments never became part of the city charter; and 2. It is contended that if the election was legal and the amendments *364 adopted in accordance with law, still Miller and Hughes, as members of the board of public works, were entitled to hold office for a full term of -four years.

The amendments to the charter were submitted to the people under an election called and held by virtue of a power claimed to exist in the city council, coming from section 8, article XI, of the constitution of the state, which provides:…