Ex parte Ah You

The Court.

This is a proceeding upon habeas corpus. The facts out of which the case arises are stipulated as follows: —

“ 1. That on the fourteenth day of February, 1889, a charter (framed and adopted in accordance with constitutional amendment No. 16, approved March 10, 1887, *340statutes of 1887, page 88) became and ever since has been and now is the organic law of the city of Oakland.

“2. That at a municipal election duly and regularly h eld in the city of Oakland, under the provisions of said charter, one Alexander Laidlaw received certain votes, being a majority of all the votes cast for police…