Los Angeles herald., 1891-03-10
THEY ARE ON TOP.
THE OLD LIBRARY TRUSTEES BEAT
THE NEW ONES.
Judge shaw's Decision in the Suit Brought
by the Elected Trustees Against the
Appointed Ones.

tue lofllcT Claimed nau Deen uSurped by
the latter, in favor OF the old board, his
ruling being to the effect that the plant
ills had no jurisdiction over the library
The full text OF his opinion is as fol-
| lows:
The People, etc., ex rel. f. r. Willis
ct al. VS.. +. II. Howard, ct al.
This is proceeding to determine
whether the relators or the defendants
the Los Angeles public library.
The case is submitted to the court foi
decision upon the facts stated in the
| pleadings.
On March 4th, 1874, special act was
passed by the legislature, providing fol-
| the establishment of public library in
the city of Los Angeles. Acts 1874
274.l
Under this law the present Los An
| geles public library was first organized
and established.
BY its provisions the library was con-
trolled by the nine regents who were
/ elected by the council.
This act OF 1874 was repealed by the
city charter of 1878, and different pro-
visions were made in the charter for the
management and control of the library.
The mayor and council were constituted
the trustees of the library, and had the
! control and management thereof.
The library continued to be managed
according to the provisions of the char
| ter of 1878 until the adoption of thechar-
ter of 1889.
| This charter provides that the library
| shall be continued in existence, and
shall be managed by five directors to be
! appointed by the mayor and confirmed
by the council.
The defendants were duly appointed
directors of the library under the last
charter, and ever since then have been
and still are, as such directors, in the
control and management of the library.
The constitution of 1879 provides that
Settles heretofore or hereafter organized,
and all charters thereof framed or
adopted by authority of this constitu-
ton, shall be subject to and controlled
by general laws" Art. II, Sec. 6.
In 1880, general law was passed, en-
titled IAN act to establish free public
libraries and reading rooms" It con-
tains the following provisions:
Section 2. The municipal authorities
of any incorporated city OF this state
are authorized and empowered by res
olution duly passed for that purpose, to
levy and collect, as in other cases, an
nually, tax not to exceed one mill on
the dollar, for the purpose of establish
ing and maintaining in such city, free
public ljbrarie sand reading rooms, and
purchasing such books, journals and
other publications as may be necessary
therefor"
Section 5. In a city of less than
100000 population five trustees shall
be elected at the same time and in the
same manner as the other town officers
are elected. They shall hold Office the
same length of time to carry into effect
the provisions of this act.
Section s. The trustees OF any library
or reading room established or acquired
by authority of this act shall take charge
of the same and of all real and personal
property thereunto belonging.
Section IA. An act entitled "An act
to establish and maintain free public
libraries and reading rooms" approved
March Is, 1878, is hereby repealed. All
libraries and reading rooms heretofore
established by authority of the last
named act in any city shall be turned
over to the charge, custody and admin
istration of such trustees as may be con-
stituted or appointed therein under the
provisions OF this act" Acts
1880, 231.
The REALTORS were duly elected trus-
tees under the provisions of the act of
1880 aforesaid at the last city election,
and have duly qualified as such trus-
tees, and upon that ground claim the
right to the control and management of
the public library in question.
The organization OF the library under
the act of 1874 did not take place until
March %, 1878. Prior to that time
there had been private voluntary as
sociation known as the Los Angeles Lii
brary association, which had established
and maintained library, not for the
public, but for the use OF its members.
On March %, 1878, the city council
elected board of regents as provided
by the act of 1874, and on April 6, 1878,
this board duly organized, and the same
day the library association made over to
the public library thus organized all the
books belonging to the association. Thus
began the present free public library.
1t was not, therefore, established under
the authority of the act of March IS,
1878, nor under the act of 1880.
The relators insist that the act of 1880
being general law, its provisions apply
to all libraries existing in cities as
public libraries, and that trustees
elected under the act of 1880 have the
legal right to manage and control all
public libraries in such cities, and that
therefore they have the legal right to
the control of the Los Angeles public
library. The defendants contend that
the act of 1880 applies solely to libraries
established under its provisions, and
not to those existing prior to 1880 and
established prior to that time under
special laws and charters.
At the time this library was estab-
lished as public library, there was no
constitutional inhibition OF the enact
ment OF local or special laws for such
purposes.
The provisions of the present consti-
tuition, making cities and city charters
subject to general laws, do not apply to
this case, for it is manifest that they
can be subject only to such general laws,
as by their terms or by necessary impli-
cation, are made to apply to cities, OF
generally throughout the state. So also
it is clear that public libraries in cities
are not necessarily subject to general
law, which, by its own terms, do not
apply to all Libraries, but only to par.
ticular class of Libraries.
In order to be subject to such a law