Metzker

— The demurrer to the complaint should have been sustained, upon the ground that the court has no jurisdiction of the subject matter of the action.

By special act of the legislature, entitled “An act to incorporate the city of Los Angeles,” passed April 4, 1850 (Stats. 1850, p. 155), the city of Los Angeles was incorporated according to the provisions of the general act entitled “An act to provide for the incorporation of cities,” approved March 18, 1850 (Stats. 1850, p. 87). The tenth section of this latter act vests in the common council of a city, organized under the provisions of the act, the power, and makes it their duty, to “judge of the qualification, elections and returns of their own members, and other officers elected under this act,” and to “determine contested elections.”

Jurisdiction of. the subject matter involved in this proceeding is specially conferred upon the common council of the city of Los Angeles by the direct terms of the act, by virtue *677 of which it was originally organized, and continues to exist as a municipal corporation, and to the extent of the jurisdiction thus conferred it is exclusive and, within its legitimate scope, independent of the…