FOR 
 IFTH AND SIXTH CLASS CITIES 
 
 Q 
 
 SECOND EDITION 
 
 1921 
 
 BY 
 WM. J, LOCKE 
 
 L73(oZh
 
 '..i 
 
 
 
 1. Ti 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY

 
 A HANDBOOK 
 
 FOR 
 
 CITY OFFICIALS 
 
 OF THE 
 
 Fifth and Sixth Class Cities 
 
 OF THE 
 
 STATE OF CALIFORNIA 
 SECOND EDITION 
 
 By Wm. J. Locke 
 Executive Secretary 
 
 LEAGUE OF CALIFORNIA MUNICIPALITIES 
 
 1921 
 
 PUBLISHED BY 
 
 A. CARLISLE & CO. 
 
 SAN FRANCISCO
 
 T 
 
 EXPLANATORY. 
 
 This handbook is issued by the League of California Munici- 
 palities for the purpose of enabling the officials of our cities and 
 towns to obtain a better understanding of municipal government. 
 
 It comprises a collection of those sections of the constitution 
 and general laws which concern municipalities, also that portion 
 of the municipal corporation act which constitutes the basic law 
 under which our fifth and sixth class cities are governed. In 
 addition thereto, it contains much valuable information for the 
 officials of newly-incorporated towns, including a number of model 
 forms and ordinances. 
 
 Each city and town belonging to the League of California 
 Municipalities is entitled to one copy of the book free of charge, 
 but it is suggested that necessary additional copies be procured 
 for use of the attorney, clerk, engineer, recorder, street superin- 
 tendent, and each member of the board of trustees. These addi- 
 tional copies may be obtained from the publishers, A. Carlisle & 
 Co., of San Francisco, at a nominal cost. 
 
 Any amendments to the law made by the next legislature will 
 lie printed on slips which may be pasted in the book over the 
 amended law. These amendments will be published and dis- 
 tributed by the League free of charge. 
 
 Wm. J. Locke 
 
 Executive Secretary 
 LEAGUE OF CALIFORNIA MUNICIPALITIES
 
 HE LEAGUE OF CALIFORNIA MUNICIPALITIES. 
 
 "Two years ago a special committee of the National Municipal League 
 gathered the reports of all the leagues of municipalities, conferences of 
 mayors and sim'lar organizations, and also various other information 
 $^ regarding the activities and history of these organizations. 
 
 "It was the opinion of the committee that the best and most effective 
 league was the California League of Municipalities, and that it constituted 
 the highest development of such organizations yet seen in the United States." 
 Clinton Rogers Woodruff, in "The American City," June, 1914. 
 
 One day in December, 1898, a handful of men assembled in the 
 City of San Francisco and formed the organization that has 
 proved such a great factor in the growth and improvement of 
 the cities and towns of California. At that time municipal gov- 
 ernment in the United States was in a deplorable condition. 
 Bryce in his "American Commonwealth" had referred to it as 
 "our one conspicuous failure." Graft, bossism and inefficiency 
 
 Prevailed in nearly all the great cities of the country, and a cry 
 ad been raised throughout the land for municipal reform. 
 
 This was the situation when the suggestion was made for the 
 organization of state leagues. The idea appealed so favorably 
 to those interested in the movement in California that a meeting 
 was called which resulted in the organization of the League of 
 California Municipalities. The success of the organization is 
 evidenced by the fact that at this writing, out of the 250 incorpor- 
 ated cities and towns in California, 240 are members of the League. 
 
 Prior to the formation of the League no record was kept of 
 municipal work and improvement. Each city and town was com- 
 pletely in the dark as to what the others were doing. There was 
 no incentive to do very much. 
 
 With the formation of the League all this was changed. An 
 official organ, giving accounts of the various municipal improve- 
 ments going on throughout the state, was published monthly and 
 distributed free to the officials of the cities and towns belonging- 
 to the League. These accounts of what some of the cities were 
 doing stirred the others to action, and new life was injected into 
 municipal affairs. Comparative tables are published from time 
 to time, showing work under way, and calling attention to the 
 cities and towns which are making the greatest progress. 
 
 At the annual meetings the city officials attending are called 
 upon to tell of the achievements of their respective municipalities 
 during the preceding year, and their plans for the future, and these 
 accounts serve as a stimulus to further progress. 
 
 However, the principal value of the annual meetings lies in the 
 fact that they serve as a clearing house of ideas and experiences, 
 where' officials may report the results of tests and experiments
 
 4 LEAGUE OF CALIFORNIA MUNICIPALITIES 
 
 and thus enable the others to profit by their experience. Outside 
 the formal discussions much good is accomplished by private 
 talks between the delegates. During recesses, at meal times, 
 wherever and whenever two or more officials get together the 
 discussions are continued and extended. Everybody talks "shop." 
 A person attending one of these conventions would be amazed at 
 the almost total exclusion of private affairs from the conversation 
 of the delegates. 
 
 A stenographic report of the discussions is subsequently pub- 
 lished in the official organ and distributed free to the officials of 
 the cities and towns belonging to the League. 
 
 The membership of the League is confined to the incorporated 
 cities and towns and all city and town officials, appointive as 
 well as elective, are invited to attend the meetings and partici- 
 pate in the discussions. Frequently an entire city council will 
 attend a convention. 
 
 The annual dues range from $10.00 to $60.00 per year according 
 to population. The fact that the membership has increased every 
 year and that a town rarely surrenders its membership is proof 
 that the. organization has justified its existence. 
 
 The League's publication, (Pacific Municipalities), is issued 
 monthly and sent free to the officials of the cities belonging to the 
 League. Its columns are devoted to articles by city officials and 
 experts who are recognized as authorities on municipal problems, 
 besides containing accounts of what the cities are doing, lists of 
 new ordinances passed during the preceding month, latest court 
 decisions of concern to municipalities, etc. 
 
 The League maintains a headquarters and Bureau of Informa- 
 tion in San Francisco, and city officials are encouraged to make 
 liberal use of this feature. Replies to inquiries are sent without 
 delay and, in the majority of cases, by return mail. Among 
 other things, the League collects copies of new ordinances, speci- 
 fications, legal opinions, pamphlets and other literature relating 
 to municipal affairs, which are carefully indexed and loaned 1o 
 city officials upon application. The advantage of this feature to 
 a city attorney, when called upon to prepare an ordinance on any 
 given subject, is very great. For a two-cent stamp he can write 
 to the League headquarters and secure by return mail half a dozen 
 of the latest ordinances on tho subject. 
 
 The League has also concerned itself very largely in matters of 
 legislation, the main objects being to secure (1st) more power 
 to municipalities, fL'udi to simplify procedure, and (3rd) to oppose 
 any threatened legislation violating these principles. A com- 
 mittee is on hand at every session of the legislature.
 
 THE ADVANTAGED OF INCORPORATION 
 TO SMALL TOWNS. 
 
 The question is frequently asked: Of what advantage is it 
 to the people of a small town-having a population of from 500 to 
 1,000 to incorporate as a municipality? 
 
 Among those who ask the question are many who are inclined 
 to measure any advantage that might be gained in dollars and 
 cents and then offset it by the dollars and cents they would have 
 to pay as municipal taxes. 
 
 It is impossible to measure the advantages of incorporation 
 in the terms of finance, just as it is impossible to measure the 
 value that education confers upon the human race by the cost of 
 maintaining schools. It is not a matter for comparison. 
 
 It is a well-known fact that the bringing together of a number 
 of people in the form of a social body begets certain necessities 
 which are peculiar to that very circumstance. One man does 
 not require a sewer system, but such an institution becomes a 
 necessity when a community is established and a great many 
 people begin living together in close physical relationship. 
 Neither does a small community require a transportation system, 
 a necessity, however, when the small town becomes a large city. 
 
 This illustrates the point that must be kept in mind, to-wit: 
 that a community is like an organism, an entity having its own 
 existence to take care of irrespective of the individual wishes 
 of its constituent members. Its needs must be satisfied, other- 
 wise it will cease to thrive and grow. It will become anaemic, 
 so to speak, and finally retrograde, just as the human body will 
 retrograde if its demands are not satisfied. The question then 
 for a community to determine is this: Are our community 
 necessities being fully satisfied? 
 
 Let us analyze these necessities. The first need of a community 
 is a highway, a means by which one inhabitant may reach another 
 inhabitant. Two families may require a connecting pathway 
 only, whereas one hundred families will need a street system. 
 Then follows another question: Is our street system maintained 
 as we want it? That is to say, Are the streets properly graded, 
 drained, paved, sprinkled, and lighted at night, and are there 
 proper sidewalks and crosswalks? Are there trees along the 
 streets? Do things commend themselves to our senses? If not, 
 then the inquiry is made Who can do those things for us? Can 
 the county supply those needs? The answer will be that the 
 county is organized for serving a rural community and not an 
 urban center. If you want those things you must get them your- 
 selves. In this situation a trial is often made to secure such 
 needs by voluntary co-operation. This method may be partially
 
 6 ADVANTAGES OF INCORPORATION 
 
 successful for a time, but it soon develops that voluntary contribu- 
 tions for the public good are unsatisfactory. The public spirited 
 and generous will contribute more than their share, while others 
 equally able will give little or nothing. 
 
 Therefore, it is to secure commuliity necessities at an equality 
 of cost that municipalities are organized as political bodies. 
 They are vested by law with the power to do the things that the 
 community desired to have done, and to distribute the cost 
 equitably over the entire community by the power of taxation. 
 No other form of government can serve it so completely or 
 satisfactorily. 
 
 The things which a municipality may do are many and their 
 powers are sufficiently extensive to include not only the things 
 required by a small community, but all those that may from time 
 to time be demanded by reason of its growih. A community 
 does not have to be very large before it requires improved sani- 
 tation. It needs sewers and health regulations which only a 
 municipality can provide. At the same time it must have an 
 ample water supply. The time is now at hand when private 
 capital cannot be relied upon to properly safeguard the public 
 interest in this respect. A municipal water supply means an 
 abundance of pure water for domestic purposes, also for sewer 
 flushing, street sprinkling, the irrigation of lawns and gardens 
 and the consequent improvement of the town generally. 
 
 There is a great satisfaction in having a town look attractive, 
 with neatly kept streets, bordered with ornamental trees, flowers 
 or grass. Besides, it is a great factor in enhancing the value of 
 real property, for the reason that other people will want to make 
 their home in such a town. 
 
 Then there are many other "community needs" such as a fire 
 department, public library, police protection, perhaps some means 
 of recreation like a park or playground, and possibly a public 
 meeting place such as a town hall. These things can be secured 
 only through the instrumentality of a municipal corporation. 
 And if a community aspires to future growth, if it is ambitious 
 to be a factor in promoting civilization, it must satisfy these 
 community needs. The earlier it commences to do so the more 
 rapidly it will grow. 
 
 The method of incorporating a town is provided by law. It 
 is a legal procedure and should be conducted by a lawyer, as the 
 requirements of the law must be carefully observed, as errors 
 sometimes produce serious consequences. The lawyer selected 
 to conduct the proceedings should be one who has had previous 
 experience or be in a position to consult with one who has had such 
 experience. The law requires a municipality to have at least 
 five hundred inhabitants.
 
 A BRIEF HISTORY OF MUNICIPALITIES AND THE 
 
 DEVELOPMENT OF MUNICIPAL GOVERNMENT 
 
 In the progress of man four chief stages of development may be 
 noted: First, the hunter; second, the nomad; third, the settler, 
 or commencement of agricultural life, when actual civilization 
 begins; and fourth, the town or city dweller. 
 
 The nomadic pastoral life of ancient nations is well illustrated 
 in the Book of Genesis and the account of the wanderings of Abra- 
 ham and the other Hebrew patriarchs; also in that of the Bedouin 
 Arabs of our own day in the deserts of Arabia and Northern Africa. 
 
 The building of cities was the decisive step towards civilization. 
 The greater the development of trade, transportation, and com- 
 merce, the more populous they became. The city brought with 
 it new demands in the art of government by creating a changed 
 condition of society. 
 
 FIRST MUNICIPAL INSTITUTIONS. 
 
 It is agreed that the seeds of civilization were planted first in 
 the fertile valleys of the great rivers of the East. Here the 
 abundant supply of water and the richness of the soil afforded 
 advantages not possessed by the mountain slopes and flat plains. 
 Thus we find in the valleys of the Nile, Euphrates, Tigris and 
 Indus, the first municipal institutions established by the human 
 race. Here powerful nations developed, flourished and passed 
 away. 
 
 THE ANCIENT CITIES. 
 
 v ities have existed since the earliest period of recorded history. 
 The necessity of protecting life and property from the depredations 
 of wandering tribes was the main cause of uniting together in small 
 communities, which constituted villages and from which sprang 
 cities. Security from attack was the chief end sought. 
 
 A walled place where men dwelled was usually termed by the 
 primitive races a city. The word "city" has also been defined to 
 mean a meeting place of men, flocks and herds, of caravans and 
 great routes of travel. In historical usage it includes everything 
 from the most insignificant village to Jerusalem. 
 
 Semitic cities are distinguished from towns, villages and ham- 
 lets; the latter had no walls, but the cities were surrounded by a 
 wall and frequently by a moat. The city gates were closed from 
 sunset to sunrise and were provided with a watchman stationed 
 near the gate to announce approaching danger. 
 
 Within the city and near the gate were open places where all 
 kinds of business was transacted, public meetings held, and judicial 
 proceedings conducted. What we now call streets were mostly 
 crooked and narrow passages from one quarter to another.
 
 8 A BRIEF HISTORY OF MUNICIPALITIES 
 
 The streets were invariably unpaved. Street cleaning was 
 unknown. Garbage was thrown to the dogs that roamed about 
 the city at large. Certain streets and places which were devoted 
 to particular lines of business, were named after the nature of the 
 business. Hence we have Baker Street, Fish Gate, etc. 
 
 Rome is said to have been one of the greatest municipal cor- 
 porations the world has ever seen. The population is estimated 
 to have been about a million. Police regulations governing street 
 traffic were strictly enforced. Streets and public ways were con- 
 structed of hewn stone, and road paving was extensive. 
 
 An abundant water supply was a marked feature of ancient Rome. 
 Public baths were provided, also parks and public squares. Mar- 
 kets were established. A fire and police department was also a 
 feature of ancient Rome, but there is no record of any provision 
 ever having been made for lighting the streets^the people being- 
 obliged to carrv lanterns. Roman municipalities possessed the 
 right of local self-government. 
 
 CITIES AND TOWNS OF THE MIDDLE AGES. 
 
 General Condition of Towns. 
 
 Towns of the middle ages were usually small, the population of 
 none of them exceeding a few thousand. In the early part of the 
 fifteenth century the population of London was only 40,000. 
 
 The towns in the. middle ages generally had no street paving, 
 no street lighting, no street cleaning, no water supply, no sewage, 
 and no adequate police protection. Dead animals were suffered to 
 rot in the streets or byways. Under the feudal system much of 
 the wealth and power of the cities and towns passed to the rural 
 districts, the towns becoming subject to the dominion of the 
 feudal lord. 
 
 French Towns of the Middle Ages. 
 
 The privileges granted to towns of mediaeval France by their 
 charters were extensive. They were allowed to possess common 
 property and authorized to use a common seal as a symbol of 
 incorporation. They were empowered to make by-laws, not in 
 contravention to the ordinances of the king. 
 
 Municipal Institutions in Spain. 
 
 The legal incorporation of communities was, perhaps, earlier 
 in the Spanish peninsula than in any other country, and while the 
 inhabitants of the great towns in other parts of Europe were lan- 
 guishing in feudal servitude, the members of the Castilian corpora- 
 tions were living under the protection of their own laws and 
 magistrates and enjoying the rights and privileges of free men.
 
 A BRIEF HISTORY OF MUNICIPALITIES 9 
 
 The peculiar glory of Spain was the freedom of her municipal 
 institutions. 
 
 DEVELOPMENT OF MUNICIPAL GOVERNMENT IN 
 ENGLAND. 
 
 Since our municipal corporations were established in accordance 
 with the principles of the English common law, in order to obtain 
 a more accurate and comprehensive idea of such institutions, it 
 will be found beneficial to study briefly their rise and progress in 
 the mother country. 
 
 Measured by the standard of duration, absence of violent com- 
 motions, maintenance of law and order, general prosperity and 
 contentment of the people, and by the extent of its influence on 
 the institutions and political thought of other lands, the English 
 government has been one of the most remarkable the world has 
 ever known. 
 
 For the purpose of local government the country was divided 
 into districts known as shires (or counties), these into hundreds, 
 and the hundreds into townships. 
 
 The township was at first a small farming community inhabited 
 chiefly by peasants. The local affairs were conducted through a 
 body usually known as the assembly. The head officer was called 
 the Town Reeve while the other officers consisted of a tighing man 
 and constable, subsequently a priest when the parish was formed. 
 These officers, with four men, were representatives of the town- 
 ship in the courts of the hundred and the shire. 
 
 The Hundred Court held monthly sessions to administer the 
 affairs of the hundred which was composed of several townships. 
 
 The shires in turn had several officers to represent them in 
 public affairs. 
 
 The parishes had their affairs directed by an assembly of the 
 inhabitants known as the vestry. Certain civil functions as well 
 as ecclesiastical were performed by the parishes, among them 
 being the care of the poor. 
 
 The boroughs, as separate units of local government with terri- 
 torial areas not corresponding exactly with other geographical 
 subdivisions, have existed in England from the earliest time. They 
 possessed their own local officers and community life with charters 
 varying in powers touching internal affairs and local organization. 
 
 Although all boroughs were not cities, all cities were boroughs 
 and had their municipal rights in that character alone. The
 
 10 A BRIEF HISTORY OF MUNICIPALITIES 
 
 principal and distinctive feature of a borough was the right of local 
 self-government. 
 
 Poor Law Unions were designated to more effectually relieve the 
 poor. They consisted of a group of parishes and embraced both 
 urban and rural communities. 
 
 The Parish Meeting. 
 
 The parish meeting, which is an institution hundreds of years 
 older than either the House of Lords or the House of Commons, has 
 only received in 1894 its full recognition at the hands of Parliament. 
 Yet the parish meeting is the cradle in which our liberties were 
 nursed. It was the school in which our forefathers learned the 
 lessons of self-respect, self-help, and self-reliance which have made 
 the English nation what it is. In the church and in the vestry 
 all were equal, all were free, the women too taking part. 
 
 Municipal Institutions in England under Roman Dominion. 
 
 For nearly four hundred years Britain was a province of Rome, 
 during which time the population was grouped in cities governed 
 by their own municipal officers guarded by massive walls, linked 
 together by a network of roads. Town and country alike were 
 crushed by heavy taxation. 
 
 At first the town was merely a part of the surrounding country, 
 organized and governed in exactly the same manner as the town- 
 ship in which it was located. As time passed social changes 
 occurred, and the right of the people to participate in their own 
 affairs increased and the English townsman became practically 
 free. 
 
 At the opening of the period of foreign kings (1013) the boroughs 
 of England were for the most part mere villages, but at its con- 
 clusion they were rich enough to buy property from the crown, 
 bringing back the right of free speech and self-government . London 
 was one of the first cities to obtain these rights, which were granted 
 by a charter. 
 
 The Granting of Charters. 
 
 Many towns were incorporated and enfranchised by the greater 
 barons and many more by the crown. Under James the becond 
 and Charles the Second the municipalities and boroughs lost much 
 of their independence, and their charters were forfeited and sur- 
 rendered. Subsequently, under the reign of William and Mary 
 charters thus destroyed were restored by act of Parliament. 
 
 Conditions prior to the Reform Act. 
 
 The abuses of municipal corporations in England grew, in course 
 of time, to be so numerous and diversified that such institutions 
 became intolerable and a serious detriment to honest and efficient
 
 A BRIEF HISTORY OF MUNICIPALITIES 11 
 
 ocal government. The municipal government was in the hands 
 of the privileged classes and in a large measure subservient to the 
 crown. The council was the controlling power, and in some cases 
 it was a self-perpetuated body. The sphere of municipal functions 
 was circumscribed. 
 
 The English Municipal Corporation Reform Act. 
 
 In view of the deplorable condition into which English municipal 
 administration had fallen, a commission was appointed by the 
 House of Commons in 1833 to examine into the situation. As a 
 result of the report of this commission, the various chartered 
 municipalities were brought under a comprehensive and uniform 
 scheme of government. This was accomplished by the Municipal 
 Corporation Act of 1835. Thirty-two amending acts were added 
 between 1835 and 1882, whereupon in the latter year all these acts 
 were consolidated into the Municipal Corporation Act of 1882, 
 which is the foundation of all municipal government in England 
 and Wales at the present time. 
 
 City Officials in England, Their Powers and Duties. 
 
 Under the reform act the city acts through the council which 
 consists of the mayor, aldermen, and councilors. The council is in 
 a sense the soul and hand of the corporation. The term of office is 
 three years, one-third the number going out of office every year and 
 their places filled by election. The aldermen are elected by the 
 council, the number of aldermen being one-third the number of 
 councilors. The term of office of an alderman is six years, one-half 
 of them retiring in rotation every three years. The mayor is 
 elected by the council for a term of one year and he receives such 
 remuneration as the council deems reasonable. Any person elected 
 to the office of mayor who refuses to serve is liable to pay a fine of 
 one hundred pounds. Any person elected to any other municipal 
 office and refusing to serve is liable to a fine of fifty pounds. The 
 chief administrative officers of the council are the town clerk and 
 treasurer. They are appointed by the council and hold office 
 during its pleasure. The council may also appoint from time to 
 time such other officers as they deem necessary. The matter of 
 compensation is left to the council. A member of the council shall 
 not vote or take part in the discussion of any matter in which he 
 has directly or indirectly any pecuniary interest. Among the 
 powers of the council are sewering, street paving, laying of water 
 mains, demolition of houses, and the right to purchase land for 
 municipal purposes. The Municipal Corporation Act is regarded 
 as a beneficent measure of the first magnitude. 
 
 There are about 350 incorporated cities and towns in England 
 and Wales, and with one exception (the City of London) they are 
 all regulated by the Municipal Corporation Act of 1882.
 
 12 A BRIEF HISTORY OF MUNICIPALITIES 
 
 Power of Local Authorities. 
 
 The manner in which governmental powers are conferred upon 
 local authorities in England differs materially from that of the 
 countries of continental Europe. In England it is a fundamental 
 principle that local authorities are limited to the specific grants in 
 their charters, whereas in Prussia and France, local authorities 
 may do anything necessary or advisable to promote the interests 
 of the community which are not prohibited by existing law of the 
 central authority. 
 
 LOCAL GOVERNMENT IN AMERICA. 
 
 The fundamental accepted fact of the American system of govern- 
 ment is that the supreme power, or what is termed sovereignty, 
 resides in the people, not as so many distinctive individuals but in 
 their political capacity only, for which reason officials are regarded 
 in a sense as agencies for the people, clothed for the time being 
 with definite and limited public functions. 
 
 The theory of legislative omnipotence does not exist in our 
 system as it does in Britain. 
 
 The Origin of Municipal Institutions in the United States. 
 
 The germ from which our government sprang, as is well known, 
 originated in England. The framers sought to preserve the tra- 
 ditions, laws and liberties of the Anglo-Saxon race to which most 
 of them belonged. The development of American local institutions 
 is a continuous process from the English institutions of the first 
 part of the Seventeenth century. Nevertheless, from the begin- 
 ning, American institutions, differed from the English prototype 
 in many important particulars. 
 
 The General Types of Local Government in the United States. 
 
 In this country, local authorities, rural and urban, are estab- 
 lished by state law. Each jurisdiction has its own system of local 
 government. While they differ widely in point of detail, a general 
 policy runs through all, namely, that each organized corporation, 
 full or quasi, should be self-governing, and the matters which alone 
 concern the people of a given locality, should be conducted by the 
 authorities of that particular locality, whether, for example, it be 
 organized as a town, sanitary district or county. 
 
 The state makes use of local public corporations in the adminis- 
 tration of its governmental affairs, particularly in the adminis- 
 tration of matters pertaining to the public peace, health, safety 
 and education, wherefore, in one sense municipal corporations are 
 parts of the state government exercising delegated political powers 
 for public purposes.
 
 A BRIEF HISTORY OF MUNICIPALITIES 13 
 
 The American Idea of Local Self-Government. 
 
 The American people have always acted upon the deep-seated 
 conviction that local matters can better be regulated by the people 
 of the locality than by the state or central authority. 
 
 The human race is gradually learning the simple lesson that the 
 people as a whole are wiser for the public good and the public 
 prosperity, than any class of men, however refined and cultivated, 
 have ever been, or, by any possibility, can ever become. 
 
 The Municipality not a Business Institution. 
 
 While it is true that the chief functions of the municipal cor- 
 porations are administrative rather than political, as the latter 
 term is ordinarily employed, yet the existence of the local govern- 
 ment is essentially political in character and purpose. 
 
 However, it is true that the municipal corporation in some 
 aspects more nearly resembles a business corporation. The laws 
 of political economy which apply to the government of a munici- 
 pality are the same as those which apply to the government of a 
 business corporation. It is claimed by some that there is a 
 difference between them owing to the fact that the principal object 
 of the latter is to make dividends for its owners. But that is also 
 one of the principal objects of a municipal corporation, only its 
 dividends are represented by increased service and lower taxes. 
 
 Obstacles to Better Municipal Government. 
 
 The greatest obstacles in. the way of better municipal govern- 
 ment may be classified as follows: (1) Unsuitable municipal 
 organization, (2) indifference or neglect on the part of the citizens, 
 (3) lack of proper education in the science of municipal govern- 
 ment, (4) bad officers, incompetent or unfaithful, and sometimes 
 both, (5) failure to separate state and national politics from local 
 issues in municipal elections, (6) the employment of public powers 
 for private advantage, or the use of local administration to promote 
 special interests, and (7) legislative interference with purely local 
 affairs. 
 
 Education Necessary. 
 
 Tn order to have a well governed city the inhabitants themselves 
 must (1) assume the responsibility of securing accurate and full 
 information of municipal conditions, and (2) by intelligently and 
 properly performing the simple duties of citizenship. 
 
 Apart from the governmental and legal phase of the municipal 
 corporation, education in the science of municipal government and 
 administration is very much needed. Without accurate infor- 
 mation which has ripened into knowledge and which has been 
 supplemented by wide experience in the practical workings of
 
 14 A BRIEF HISTORY OF MUNICIPALITIES 
 
 municipal government and administration, the citizen is poorly 
 equipped to aid necessary or desirable reforms in his community. 
 Moreover, the citizen must be made to realize that good govern- 
 ment cannot be secured by voting into office one who is simply 
 "a good fellow" or "glad hand" artist. They must get the man 
 who "knows how." Unfortunately too, it appears that in the minds 
 of some people public offices are maintained principally for the 
 purpose of rewarding individuals for political activity; they do not 
 seem to understand that there are important public services to 
 be performed requiring technical or expert knowledge in order to 
 perform such services most efficiently and economically. 
 
 Proper Performance of Civic Duties. 
 
 The enemies of good government in our great cities are chiefly 
 three ignorance ; indifference and greed. For ignorance the 
 remedy is education. Indifference is a worse enemy than ignorance. 
 One of the chief causes of corruption has been the indifference of 
 our better class of citizens. 
 
 Municipal reform should come from within not from without. 
 Good government can only be secured by the active cooperation 
 of good citizens, who should take the same interest in the adminis- 
 tration of local affairs as they manifest in the conduct of their 
 private business. 
 
 Municipal Corporation Defined. 
 
 A municipal corporation is a body politic or corporate estab- 
 lished by law to regulate and administer the local or internal 
 affairs of a city. Municipal corporations are not only creatures 
 of the state, but are parts of the machinery by which the state 
 conducts its governmental affairs. 
 
 Creation of Municipal Corporations. 
 
 In England municipal corporations were created (1) by an act 
 of Parliament, (2) by charter of the crown. (3) at common law, 
 and (4) by prescription. In this country the power is lodged in 
 the legislatures of the respective states. During our early history 
 municipal charters were confirmed or granted by special act. 
 Now, however, general incorporation laws containing charters are 
 usually provided, and special acts are forbidden in many states. 
 The Constitutions of California, Colorado, Minnesota, Missouri, 
 Oklahoma, Oregon, Utah, Ohio and other states authorize cities 
 of a certain size to frame and adopt their own charters, providing, 
 of course, they must be in harmony with and subject to the con- 
 stitution of the state. In California it is provided that such 
 charters must be framed by a board of fifteen freeholders elected 
 by the people. If the charter which the board of freeholders
 
 A BRIEF HISTORY OF MUNICIPALITIES 15 
 
 prepares and submits is approved by a majority vote of the people, 
 it must then be ratified by the legislature of the state before it 
 becomes the organic law of the city. 
 
 The opponents of municipal reform repeatedly declare that the 
 particular plan under which a city is run is not of much significance, 
 claiming that, in the last analysis, good government ^is more a 
 matter of good men than a matter of good- system. 'Of course 
 there is a lot of truth in that claim, nevertheless, it is a great mis- 
 take to assume that the system or plan under which a city is 
 governed is not a matter of much importance. 
 
 Carpenters build houses. Even though his tools may be poor, 
 a good carpenter will manage to construct some kind of a house; 
 but he will not be able to build a good house unless he has good 
 tools. And so it may be said by way of analogy that, although 
 good government is possible under a poor charter, it is certainly 
 much easier to obtain good government under a good charter. 
 
 Municipal government in California, may be considered as being 
 of three different kinds. That under which nearly all the small 
 cities are governed may be termed the "council" plan, the others 
 being, respectively, the "commission" plan (so-called) and the 
 "city manager" plan. 
 
 The Council Plan. 
 
 Under the "council" plan the board of trustees, or city council, 
 serves not only as the legislative body but it also exercises general 
 supervision over the work of administration and, at each meeting 
 the administrative officers, such as the street superintendent, fire 
 chief, engineer, health officer and marshal, report on what they 
 have been doing, and seek instructions for their future activities. 
 
 As a rule, a city council does not meet oftener than twice a 
 month and, during the interval between meetings, no one has 
 general control or supervision of the city's work, each adminis- 
 trative officer conducting his own department in his own way. 
 There is no co-ordination of the various departments, for the simple 
 reason that no one has any authority to do such a thing. Con- 
 sequently each administrative officer looks after his own depart- 
 ment exclusively, without any concern or interest in the others. 
 Should any question arise during the interval between board 
 meetings no one in charge has authority to settle it, wherefore 
 it must remain unsettled until the next meeting of the council. 
 
 The "council" plan of city government may be likened to an 
 industrial plant which is run by the foreman of the various depart- 
 ments and has no superintendent or general manager, each of the 
 various departments working independently' and without any 
 co-operation or co-ordination whatever. 
 
 It will be conceded that any industrial plant conducted on such
 
 16 A BRIEF HISTORY OF MUNICIPALITIES 
 
 a plan would "run on the rocks" in a very short time. It is 
 unreasonable, illogical and unscientific, yet this is the plan upon 
 which all our fifth and sixth class cities are now governed. 
 
 The Commission Plan 
 
 Another plan of municipal government of which we have a few 
 examples 'here in California is that known as the "commission" 
 plan, which owes its origin to the Galveston flood. 
 
 Everything in Galveston, including the city government, was 
 so disrupted by the disaster which befell the city that the Governor 
 of Texas, by virtue of the authority vested in him for such emer- 
 gencies, appointed three commissioners with extraordinary powers 
 to manage the affairs of the city. For some time previous the 
 people of Galveston had attempted to put through certain much 
 needed improvements, but the political ring which existed there 
 always thwarted their plans. 
 
 However, the three commissioners appointed by the Governor 
 had no difficulty in putting them through, together with many 
 other needed improvements. In fact, so great were the achieve- 
 ments of these three men, that upon the restoration of order, the 
 people of Galveston at once adopted a new charter having for its 
 basic principle government by a commission, the only change 
 being an enlargement of the commission to five members. 
 
 The distinguishing feature of the "commission" plan is the fact 
 that it involves a consolidation of the legislative and adminis- 
 trative departments. Five councilmen are usually provided, each 
 of whom serves as the head of a department of administration, in 
 addition to serving as a member of the city council, thus per- 
 forming two separate and distinct functions. 
 
 Many persons believe that the success of the commission plan 
 in Galveston was due to the extraordinary conditions under which 
 it was launched, rather than any particular merit which it pos- 
 sesses as a system. History is replete with instances showing 
 that in times of great public calamity the average man is moved 
 by his higher and nobler impulses, and will scorn to betray a t rust 
 which, under ordinary conditions, might be viewed in a different 
 light. 
 
 Be that as it may, the commission plan of government has not 
 proved the success which its early supporters hoped for, and several 
 cities which adopted it are now anxious to do away with it. 
 
 Appropriating money for specific use is a legislative function. 
 One commissioner has been allowed an appropriation for an auto 
 truck and proposes to buy it from a certain dealer who has helped 
 him at election time. Other commissioners know that this par- 
 ticular truck is a poorly built vehicle and unfit for the purpose 
 for which it is intended, but, aware that a like occasion may arise
 
 , A BRIEF HISTORY OF MUNICIPALITIES 17 
 
 in their own departments, they are not likely to interfere with 
 the purchase and the city suffers. 
 
 Like the council plan, there is no co-ordination or co-operation 
 under the commission plan of government. There is no combin- 
 ation of authority and responsibility, thus affording ample oppor- 
 tunity for officials to indulge in that well-known pastime commonly 
 known as "passing the buck." 
 
 The policies of the city should be determined by the people's 
 representatives elected as members of the city council, but .the 
 execution of those policies should be handled by men who are 
 qualified by training and experience. 
 
 A man elected to the city council for his personal popularity 
 will probably make a good councilman, but that same man will 
 be likely to prove a dismal failure when placed in charge of some 
 important function of administration such as the head of the health 
 department or the street department. 
 
 The greatest objection to the mixing of legislative and adminis- 
 trative functions in one and the same set of officials is the fact that, 
 as administrative officers they have appointments to make and 
 employes to hire, and this is the rock upon which the commission 
 plan of government usually splits. 
 
 The legislative department should be kept entirely free from 
 matters of patronage, in order to retain peace and harmony. 
 
 The commission plan of government may be likened to an indus- 
 trial corporation, where each of the directors serves as foreman 
 of one of the departments. 
 
 Is a director of a corporation usually qualified by training or 
 experience to serve as a foreman in the plant as well as a director? 
 No, and yet that is exactly how a city is run under the commission 
 plan of government. 
 
 The Commission plan is admittedly an improvement over the 
 old system; it has demonstrated that a charter is a vital force for 
 better government even in the hands of the same old personnel. 
 Like all human productions every charter has its weak spots, 
 but the old fallacy that government is entirely dependent upon 
 good men in office has gone into the discard, and we know now that 
 we want not only the best men we can find in our public offices, 
 but we want the best tools we can invent for them to work with. 
 
 City-Manager Plan. 
 
 The other plan of municipal government which is receiving the 
 most favorable attention at the present time throughout the 
 country, is known as the "city-manager" plan. The leading 
 authorities regard it as the most promising plan which has yet
 
 18 A BRIEF HISTORY OF MUNICIPALITIES 
 
 been devised for the government of cities, and the experience of 
 those which have tried it support that conclusion. 
 
 The city-manager plan is not revolutionary, nor does it involve 
 any new principles, simply an application to the government of 
 municipal corporations of the same principles which have proved 
 so successful in the government of industrial corporations. It has 
 been said that the city-manager plan is not democratic. If that 
 is so, then our federal government is not democratic. The feature 
 which distinguishes the city-manager plan of government from the 
 so-called council plan is the fact that it places one man in charge 
 of all the departments of administration just as is done in the 
 national government, the only difference being that in the govern- 
 ment of the nation the manager (the President) is elected by the 
 people instead of being appointed. 
 
 It has been pointed out that under the council plan of municipal 
 government the various administrative officers have no one in 
 charge, and that during the interval between council meetings 
 each officer does about as he pleases, wherefore it is impossible to 
 co-ordinate the work of the various departments, because no one 
 has the authority. 
 
 This was the situation that existed in the building of the Panama 
 Canal until General Goethals was given complete charge. So long 
 as the work was in control of an executive committee but little 
 headway was made, but just as soon as the work was placed in 
 charge of one man, the canal was speedily constructed. 
 
 We underwent a similar experience in the recent world war. So 
 long as each of the allies' armies operated independently and 
 separately they made but little progress, but just as soon as one 
 man was placed in charge big results were achieved and the 
 enemy was speedily defeated. 
 
 As has been said, the city-manager plan of government is sub- 
 stantially the same plan which has been so successful in the man- 
 agement of industrial corporations. The people may be likened 
 to the stockholders, and the city council to the board of directors, 
 while the manager occupies the position of superintendent or 
 manager of the works. This comparison is perfectly proper for 
 the reason that the administration of municipal government is 
 more a matter of business than anything else; consequently, in 
 order to run successfully it should be run on business principles. 
 The construction and repair of streets, the purchase and care of 
 fire apparatus, and practically nine-tenths of the "various functions 
 performed by a city government are purely matters of business. 
 
 There are those who profess to distinguish between the manage- 
 ment of a private corporation and the management of an industrial
 
 A BRIEF HISTORY OF MUNICIPALITIES 19 
 
 corporation, on the theory that whereas the former is engaged in 
 business for profit, the latter is organized solely for service. 
 
 But this distinction is not proper for the reason that in the admin- 
 istration of its affairs a city should be governed by the same prin- 
 ciples of economy as a private corporation. In one case the 
 profits are represented by dividends while in the other they are 
 represented by lower taxes and better service. 
 
 To secure first-hand information on the practicability of the 
 City Manager form of government, The Sacramento Chamber of 
 Commerce recently made inquiry of Chambers of Commerce, 
 newspaper editors and individual citizens in a number of cities 
 where the plan is in operation. Such letters were not addressed 
 to City Managers or other city officials, for an absolutely 
 unprejudiced opinion was sought. 
 
 It is a very significant fact that in the letters of response there 
 was a sweeping expression in favor of the City Manager plan. 
 In not a single instance was it declared that the plan is a failure.
 
 EXTRACTS FROM THE CONSTITUTION OF THE 
 
 STATE OF CALIFORNIA OF CONCERN 
 
 TO MUNICIPALITIES. 
 
 ARTICLE I. 
 INALIENABLE RIGHTS. 
 
 SECTION 1. All men are by nature free and independent, and 
 have certain inalienable rights, among which are those of enjoy- 
 ing and defending life and liberty; acquiring, possessing, and 
 protecting property; and pursuing and obtaining safety and 
 happiness. 
 
 A provision in the specifications for public street work that no unnatural- 
 ized alien should be employed in the work, except with the permission of 
 the highway commission, is invalid. (City Street Imp. Co. v. Kroh, 158 
 Cal. 308, 110 Pac. 933.) 
 
 But this provision does not prevent the legislature from prohibiting the 
 conducting of offensive trades within the limits of a city. (Ex parte Shrader, 
 33 Cal. 279). 
 
 So an ordinance making it unlawful for any person to conduct a laundry 
 within certain limits without a certificate from the health officer as to its 
 sanitary condition, and a certificate from the fire wardens as to the condi- 
 tion of the heating appliances, and forbidding the operation of any laundry 
 between 10 P. M. and 6 A. M. or on Sundays, is valid. (Ex parte Maynier, 
 65 Cal. 33. 2 Pac. 72S,. 
 
 An ordinance making it unlawful to play any instrument, etc., in any 
 saloon, etc., after midnight, and for any female to be in any saloon, etc., 
 after midnight, does not violate this provision. (Ex parte Smith & Keating, 
 38 Cal. 702.) 
 
 When a lawful business is of a beneficial character, and not dangerous 
 to the public, it cannot be subjected to police regulation. (Ex parte Dickey, 
 144 Cal. 234, 103 Am. St. Rep. 82, 77 Pac. 924, 66 L. R. A. 928, 1 Ann. Gas. 
 428.) 
 
 Sunday laws In Ex parte Newman, 9 Cal. 502, it was held that an act 
 making it unlawful to transact any business upon the Sabbath, except 
 certain designated ones, was in violation of this provision, on the ground 
 that the legislature can no more forbid the lawful pursuit of a lawful occupa- 
 tion on one day of the week than it can forbid it altogether. This decision 
 was overruled in Ex parte Andrews, 18 Cal. 678, and Ex parte Bird, 19 Cal. 
 130.) 
 
 An act making it a misdemeanoi to keep open a barber shop on Sundays 
 or ether holidays is in violation of this section. (Ex parte Jentzsch, 112 
 Cal. 468. 44 Pac. 803, 32 L. R. A. 564.) 
 
 RELIGIOUS FREEDOM. 
 
 SEC. 4. The free exercise and enjoyment of religious profession 
 and worship, without discrimination or preference, shall be for- 
 ever guaranteed in this state; and no person shall be rendered 
 incompetent to be a witness or juror on account of his opinions 
 on matters of religious belief; but the liberty of conscience hereby 
 secured shall not be so construed as to excuse acts of licentious- 
 ness, or justify practices inconsistent with the peace or safety 
 of this state. 
 
 Sunday Laws. In Ex parte Newntan, 9 Cal. 502, it was held that an 
 act making it unlawful to transact any business upon the Sabbath, except 
 certain designated ones, was in violation of this provision.
 
 EXTRACTS FROM THE CONSTITUTION 21 
 
 TRIAL BY JURY. 
 
 SEC. 7. The right of trial by jury shall be secured to all, and 
 remain inviolate; but in civil actions three-fourths of the jury 
 may render a verdict. A trial by jury may be waived in all 
 criminal cases, not amounting to felony, by the consent of both 
 parties, expressed in open court, and in civil actions by the con- 
 sent of the parties, signified in such manner as may be prescribed 
 by law. In civil actions, and cases of misdemeanor, the jury 
 may consist of twelve, or of any number less than twelve upon 
 which the parties may agree in open court. 
 
 Petty Offenses. This provision does not prohibit the legislature from 
 providing for summary proceedings without a jury in cases of such petty 
 offenses as were enumerated in the English statutes at the time of the 
 separation of the American colonies from England, or in cases where the 
 offenses are intrinsically of the same nature and degree. (Ex parte Wong 
 You Ting, 105 Gal. 296, 39 Pac. 627; In re Fife, 110 Cal. 8, 42 Pac. 299.) 
 
 But where the offense falls within the legal or common law notion of 
 crime or misdemeanor, and is embraced in the criminal code of the state, 
 the constitutional right of trial by juiy cannot be evaded. (Taylor v. 
 Reynolds, 92 Cal. 573, 28 Pac. 688; Ex parte Wong You Ting, 106 Cal. 296, 
 39 Pac. 627.) 
 
 Bail must not be exacted for the purpose of punishing the defendant. 
 
 The discretion of the trial court in fixing bail will not be interfered with, 
 unless it clearly appears that the court has abused its discretion, and that 
 the bail demanded is per se unreasonably great and clearly disproportionate 
 to the offense involved. (Ex parte Ruef, 7 Cal. App. 750, 96 Pac. 24.) 
 
 UNIFORMITY OF LAWS. 
 
 SEC. 11. All laws of a general nature shall have a uniform 
 operation. 
 
 This provision has no application to municipal ordinances. (In re 
 Zhizhuzza, 147 Cal. 328, 81 Pac. 955.) 
 
 An order excluding from the courtroom all persons except the officers 
 of the court and the defendant is in violation of this provision and is pre- 
 sumed to be prejudicial. (People v. Hartman, 103 Cal. 242, 42 Am. St. 
 Rep. 108, 37 Pac. 153. But see People v. Swafford, 65 Cal. 223, 3 Pac. 809.) 
 
 Jeopardy. When a person is placed on trial upon a valid indictment, 
 before a competent court and jury, he is in jeopardy. (People v. Cage, 
 48 Cal. 323, 17 Am. Rep. 436; Ex parte Hartman, 44 Cal. 32; People v. Webb, 
 38 Cal. 467; Ex parte Fenton, 77 Cal. 183, 19 Pac. 267; People v. Smalling, 
 94 Cal. 112, 29 Pac. 421.) 
 
 After he has been put in jeopardy, he cannot be again tried for the same 
 offense unless the jury is discharged from rendering a verdict by a legal 
 necessity, or by his consent; or, in case a veidict is rendered, it be set aside 
 at his instance. (People v. Webb, 38 Cal. 467; People v. Smalling, 94 Cal. 
 112, 29 Pac. 421.) 
 
 Where the court is prohibited from pronouncing judgment upon the 
 defendant because the indictment is invalid, jeopardy does not attach. 
 (People v. Terrill, 133 Cal. 120, 65 Pac. 303.) 
 
 A dismissal of a charge on motion of the district attorney is not a bar to 
 another prosecution. (People v. Kerrick, 144 Cal. 46, 77 Pac. 711.) 
 
 When a defendant is acquitted because of a variance between the proof 
 and the indictment, and the variance is such that a conviction is legally 
 impossible, he has not been in jeopardy. (People v McNeally, 17 Cal. 
 332; People v. Oreileus, 79 Cal. 178, 21 Pac. 724.) 
 
 A discharge upon preliminary examination does not place the defendant 
 in jeopardy. (Ex parte Fenton, 77 Cal. 183, 19 Pac. 267.)
 
 22 EXTRACTS PROM THE CONSTITUTION 
 
 Police Power. In the exercise of the police power certain kinds of prop- 
 erty, when held or used so as to be injurious to the general public, may 
 be seized and destroyed. (Collins v. Lean, 68 Cal. 284, 9 Pac. 173.) 
 
 Where the exercise of police power is permissible, the provision of the 
 constitution declaring that private property shall not be taken without 
 due process of law is inapplicable. (Ex parte Elam, 6 Cal. App. 233, 91 
 Pac. 811.) 
 
 The legislature has power to provide that a deed in a street assessment 
 matter shall be conclusive evidence of the regularity of all required steps 
 other than those necessary to constitute due process of law or to comply 
 with the constitution. (Chase v. Trout, 146 Cal. 350, 79 Pac. 81.) 
 
 An act making the issuance of bonds conclusive evidence of the validity 
 of the lien is void; but an act making the issuance conclusive evidence of 
 the regularity of the proceedings not essential to the jurisdiction of the 
 officers to create the lien is valid. (Ramish v. Hartwell, 126 Cal. 443, 58 
 Pac. 920.) 
 
 The fact that the street bond act-does not in terms give a lienholder an 
 opportunity to object does not render it unconstitutional. (German Suv.., 
 etc., Soc. v. Ramish, 138 Cal. 120, 69 Pac. 89, 70 Pad. 1067.) 
 
 Notice by posting constitutes due process of law. (Davies v. Los Angeles, 
 86 Cal. 37, 24 Pac. 771.) 
 
 An assessment without giving an opportunity to the taxpayer to show that 
 the assessment is not proportionate to the benefits is unconstitutional. 
 (Lower Kings River Rec. Dist. No. 531 v. Philips, 108 Cal. 306, 39 Pac. 630, 
 41 Pac. 335.) 
 
 Curative Acts. The legislature has power to pass curative acts by which 
 the various acts and proceedings of the officers and boards charged with 
 the levying and assessing of taxes are rendered valid, notwithstanding that 
 errors and irregularities have intervened. But where the officer or tribunal 
 has no jurisdiction, the act is void, and cannot be cured. (People v. 
 Goldtree, 44 Cal. 323.) 
 
 It is sufficient if the parties interested are given an opportunity to be 
 heard before the lien becomes final upon their property, and they are not 
 entitled to be heard upon the question whether or not the improvement 
 should be made. (Lent v. Tillson, 72 Cal. 404, 14 Pac. 71 ; Board of Directors 
 v. Tregea, 88 Cal. 334, 26 Pac. 237.) 
 
 EMINENT DOMAIN. 
 
 (Statutes of 1917, page 1973.) 
 
 SEC. 14. Condemnation of right of way for public use. Excepts 
 counties from provisions requiring compensation be first made or 
 paid into court for owner before right of way is appropriated; adds 
 proviso authorizing state, political subdivision thereof or district, 
 upon commencement of condemnation proceedings for right of way, 
 to take immediate possession thereof upon making money deposits 
 in such amounts as court may determine adequate to secure to 
 owner immediate payment as compensation therefor, permitting 
 court on motion and upon notice to alter amount of such security. 
 (Election Novembers, 1918: Adopted Yes, 212,011; No, 179,976.) 
 
 A municipal corporation cannot take private property for public use 
 without making compensation in advance or providing a fund out of which 
 compensation shall be made as soon as the amount to be paid can be 
 determined. (Colton v. Rossi, 9 Cal. 595.)
 
 EXTRACTS FROM THE CONSTITUTION 23 
 
 The right of the owner of land abutting on a city street to access over it 
 to and from his premises is a right of property of which he cannot be deprived 
 without compensation. (Coats v. Atchison, etc., Ry. Co., 1 Cal. App. 441, 
 82 Pac. 640.) 
 
 A franchise for a street railroad is property capable of being benefited 
 by the widening of the street. (Appeal of North Beach, etc., R. R. Co., 
 
 32 Cal. 499.) 
 
 An owner of land abutting upon a street is entitled to compensation 
 for any injury to his property, which he sustains over and above that sus- 
 tained in common with other abutting owners, resulting from a change 
 in the grade of the street. (Eachus v. Los Angeles Ry. Co., 103 Cal. 614, 
 42 Am. St. Rep. 149, 37 Pac. 750; Jennings v. Le Roy, 63 Cal. 397.) 
 
 But a city is not responsible for the unauthorized act of its officers in 
 raising the grade of a street and thus damaging adjoining property. 
 (Sievers v. San Francisco, 115 Cal. 648, 56 Am. St. Rep. 153, 47 Pac. 687.) 
 
 A municipal corporation is liable for damages caused by the construc- 
 tion of sewers, etc., in such a manner that the surface water of a large 
 territory, which did not naturally flow in that direction, is gathered into 
 a body and precipitated upon private property. (Stanford v. San Fran- 
 cisco, 111 Cal. 198, 43 Pac. 605.) 
 
 But a municipal corporation is not liable for damages caused by the 
 prevention of the flow of surface water from the lot of a private owner, by 
 reason of the raising of a street to the grade established by law, where such 
 surface water does not run in a natural channel across the lot. (Corcoran 
 v. Benicia, 96 Cal. 1, 31 Am. St. Rep. 171, 30 Pac. 798; Lampe v. San 
 Francisco, 124 Cal. 546, 57 Pac. 461.) 
 
 Police Power. The police power will not authorize the state to take 
 private property for public use without compensation, when such property 
 can be condemned and paid for. (People v. Elk, etc. Co., 107 Cal. 221, 
 48 Am. St. Rep. 125, 40 Pac. 531.) 
 
 This provision does not prevent the legislature from prohibiting the 
 conducting of offensive trades within the limits of a city. (Ex pai te Shrader, 
 
 33 Cal. 279.) 
 
 The restriction of a municipal ordinance which undertakes to absolutely 
 forbid the erection and maintenance of billboards for adveitising purposes 
 is, if not a taking pro tanto of the property, a damaging thereof, for which 
 the owner is entitled to compensation. (Varney & Green v. Williams, 155 
 Cal. 318, 132 Am. St. Rep. 88, 100 Pac. 867, 21 L. R. A., N. S. 741.) 
 
 PRIVILEGES AND IMMUNITIES OF CITIZENS. 
 
 SEC. 21. No special privileges or immunities shall ever be 
 granted which may not be altered, revoked, or repealed by the 
 legislature; nor shall any citizen, or class of citizens, be granted 
 privileges or immunities which, upon the same terms, shall not 
 be granted to all citizens. 
 
 An ordinance prohibiting public laundries in designated parts of a city 
 is not in violation oi this section. (In re Hang Kie, 69 Cal. 149, 10 Pac. 327.) 
 
 An act making it a misdemeanor to keep open a barbershop on Sundays 
 or other holidays is in violation of this section. (Ex parte Jentzsch, 112 
 Cal. 468, 44 Pac. 803, 32 L. R. A. 664.) 
 
 ARTICLE III. 
 
 DISTRIBUTION OF POWERS. 
 
 SEC. 1. The powers of the government of the state of Califor- 
 nia shall be divided into three separate departments the legis- 
 lative, executive, and judicial; and no person charged with the
 
 24 EXTRACTS FROM THE CONSTITUTION 
 
 exercise of powers properly belonging to one of these departments 
 shall exercise any functions appertaining to either of the others, 
 except as in this constitution expressly directed or permitted. 
 
 The legislature may declare the mayor of a city to be ex-officio a justice 
 of the peace. (Uridas v. Morrill, 22 Cal. 473.) 
 
 A law conferring power upon city trustees to remove a municipal officer is 
 valid. (Croly v. Sacramento, 119 Cal. 229, 51 Pac. 323.) 
 
 ARTICLE IV. 
 
 SENATE AND ASSEMBLY, AND ENACTING CLAUSE IN- 
 ITIATIVE AND REFERENDUM. 
 
 SECTION 1. The legislative power of this state shall be vested 
 in a senate and assembly which shall be designated "The legisla- 
 ture of the State of California," but the people reserve to them- 
 selves the power to propose laws and amendments to the consti- 
 tution, and to adopt or reject the same, at the polls independent 
 of the legislature, and also reserve the power, at their own option, 
 to so adopt or reject any act, or section or part of any act, passed 
 by the legislature. The enacting clause of every law shall be 
 "The people of the State of California do enact as follows:" . 
 
 The initiative and referendum powers of the people are hereby 
 further reserved to the electors of each county, city and county, 
 city and town of the state, to be exercised under such procedure 
 as may be provided by law. 
 
 A common council has no power to delegate its functions and in the 
 absence of special authority has no power to submit a question to the 
 electors for the purpose of ascertaining their desires. (Galindo v. Walter, 
 8 Cal. App. 234, 96 Pac. 505.) 
 
 Municipal boards can delegate only duties ministerial in cliaracter, and 
 not calling for the exercise of discretion. CHolley v. Orange Co., 106 Cal 
 . 420, 39 Pac. 790.) 
 
 Powers conferred upon a municipal corporation, involving the exercise 
 of judgment and discretion are in the nature of public trusts, and cannot 
 be delegated. (Scollay y. Butte Co., 67 Cal. 249, 7 Pac. 661.) 
 
 An act making it a misdemeanor to keep open a baibershop on Sundays 
 or other legal holidays is unreasonable. (Ex parte Jentzsch, 112 Cal. 468, 
 44 Pac. 803, 32 L. R. A. 664.) 
 
 SEC. 31. The legislature shall have no power to give or to 
 lend, or to authorize the giving or lending, of the credit of the 
 state, or of any county, city and county, city, township, or other 
 political corporation or subdivision of the state now existing, or 
 that may be hereafter established, in aid of or to any person, 
 association, or corporation, whether municipal or otherwise, or 
 to pledge the credit thereof, in any manner whatever, for the 
 payment of the liabilities of any individual, association, munici- 
 pal or other corporation whatever; nor shall it have power to 
 make any gift, or authorize the making of any gift of any public 
 money or thing of value to any individual, municipal or other 
 corporation whatever; provided, that nothing in this section
 
 EXTRACTS FROM THE CONSTITUTION 25 
 
 shall prevent the legislature granting aid pursuant to section 
 twenty-two of this article; and it shall not have power to author- 
 ize the state or any political subdivision thereof, to subscribe 
 for stock, or to become a stockholder in any corporation whatever; 
 shall prevent the legislature granting aid pursuant to section 
 twenty-two of this article; and it shall not have power to authorize 
 the state, or any political subdivision thereof to subscribe for 
 stock, or to become a stockholder in any corporation whatever; 
 provided, further, that irrigation districts for the purpose of 
 acquiring the control of any entire international water system 
 necessary for its use and purposes, a part of which is situated in 
 the United States, and a part thereof in a foreign country, may in 
 the manner authorized by law, acquire the stock of any foreign 
 corporation which is the owner of, or which holds the title to 
 the part of such system situated in a foreign country. 
 
 EXTRA COMPENSATION TO OFFICERS FORBIDDEN. 
 
 SEC. 32. The legislature shall have no power to grant, or 
 authorize any county or municipal authority to grant, any extra 
 compensation* or allowance to any public officer, agent, servant, 
 or contractor, after service has been rendered, or a contract has 
 been entered into and performed, in whole or in part, nor to pay, 
 or to authorize the payment of, any claim hereafter created 
 against the state, or any county or municipality of the state, 
 under any agreement or contract made without express authority 
 of law, and all such unauthorized agreements or contracts shall 
 be null and void. 
 
 An act making an appropriation to pay the ?alary of an officer during 
 a certain period before the amount of the salary has been fixed ia not in 
 violation of this section. (Smith v. Dunn, 64 Cal. 164, 28 Pac. 232.) 
 
 ARTICLE VI. 
 JUDICIAL POWERS. 
 
 SECTION 1. The judicial power of the state shall be vested in 
 the senate, sitting as a court of impeachment, in a supreme court, 
 district courts of appeal, superior courts and such inferior courts 
 as the legislature may establish in any incorporated city or town, 
 township, county, or city and county. (Amendment approved 
 October 10, 1911.) 
 
 The term "municipal courts" has a legal meaning and includes mayors' 
 and recorders' courts. (Uridias v. Morrill, 22 Cal. 473.) 
 
 The legislature may authorize a municipal court to send its process 
 beyond the territorial limits of the municipality. (Hickman v. O'Neal, 
 10 Cal. 292; Meyer v. Kalkman, 6 Cal. 582, overruled.) 
 
 JUSTICES OF THE PEACE, PROVISION FOR. 
 
 SEC. 11. The legislature shall determine the number of each 
 of the inferior courts in incorporated cities or towns, and in town-
 
 26 EXTRACTS FROM THE CONSTITUTION 
 
 ships, counties, or cities and counties, according to the popula- 
 tion thereof and the number of judges or justices thereof, and 
 shall fix by law the powers, duties and responsibilities of each 
 of such courts and of the judges or justices thereof; provided, 
 such powers shall not in any case, trench upon the jurisdiction 
 of the several courts of record, except that the legislature shall 
 provide that said courts shall have concurrent jurisdiction with 
 the superior courts in cases of forcible entry and detainer, where 
 the rental value does not exceed twenty-five dollars per month, 
 and where the whole amount of damages claimed does not exceed 
 two hundred dollars, and in'cases to enforce and foreclose liens on 
 personal property when neither the amount of liens nor the value 
 of the property amounts to three hundred dollars. (Amendment 
 approved October 10, 1911.) 
 
 JURISDICTION OF INFERIOR COURTS TO BE FIXED BY 
 LEGISLATURE. 
 
 SEX:. 13. The legislature shall fix by law the jurisdiction of 
 any inferior courts which may be established in pursuance of 
 section one of this article, and shall fix by law the powers, duties, 
 and responsibilities of the judges thereof. 
 
 As to the jurisdiction of the recorder's court, see Ex parte Soto, 88 Cal. 
 624, 26 Pac. 530. 
 
 JUDICIAL OFFICERS NOT TO RECEIVE FEES AND PER- 
 QUISITES. 
 
 SEC. 15. No judicial officer, except court commissioners, shall 
 receive to his own use any fees or perquisites of office; provided, 
 that justices of the peace now holding office shall receive to their 
 own use such fees as are now allowed by law during the terms 
 for which they have been elected. (Amendment approved 
 October 10, 1911.) 
 
 Fees of Judicial Officers. The words "justices of the peace" as used 
 in this section include those, by whatever name they are called, who are 
 invested with the duties assigned by the. law to those officers, and include 
 a recorder of a city. (Curtis v. Sacramento, 13 Cal. 290.) 
 
 STYLE OF PROCESS. 
 
 SEC. 20. The style of all process shall be, "The People of the 
 State of California," and all prosecutions shall be conducted in 
 their name and by their authority. 
 
 An action to punish a defendant for the violation of an ordinance is a 
 criminal action, and must be prosecuted in the name of the people. 
 (Santa Barbara v. Sherman, 61 Cal. 57.)
 
 EXTRACTS FROM THE CONSTITUTION 27 
 
 ARTICLE IX. 
 SYSTEM OF COMMON SCHOOLS TO BE PROVIDED. 
 
 SEC. 5. The legislature shall provide for a system of common 
 schools by which a free school shall be kept up and supported 
 in each district at least six months in every year, after the first 
 year in which a school has been established. 
 
 By the constitution the educational department is made a state, as dis- 
 tinguished from a municipal, care, and the regulation of schools in San 
 Francisco does not remain unchangeable under the Consolidation Act. 
 The Consolidation Act may remain for municipal purposes, yet the educa- 
 tional department, as a state matter, be subject to general laws passed for 
 that purpose. (Earl v. Board of Education, 55 Cal. 489.) 
 
 Schools and Funds. High schools are an integral part of our public 
 school system. (Chico High School Board v. Supervisors, 118 Cal. 115, 
 50 Pac. 275.) 
 
 The term "public schools" in section 798 of the Municipal Corporation 
 Act does not embrace high schools. (Brown v. City of Visalia, 141 Cal. 
 372, 74 Pac. 1042.) 
 
 ARTICLE XI. 
 MUNICIPAL CORPORATIONS TO BE CONTROLLED BY 
 
 GENERAL LAWS. 
 
 SBC. 6. Corporations for municipal purposes shall not be 
 created by special laws; but the legislature shall, by general 
 laws, provide for the incorporation, organization, and classifi- 
 cation, in proportion to population, of cities and towns, which 
 laws may be altered, amended, or repealed; and the legislature 
 may, by general laws, provide for the performance by county 
 officers of certain of the municipal functions of cities and towns 
 so incorporated, whenever a majority of the electors of any such 
 city or town voting at a general or special election shall so 
 determine. Cities and towns heretofore organized or incorporated 
 may become organized under the general laws passed for that 
 purpose, whenever a majority of the electors voting at a general 
 election shall so determine, and shall organize in conformity 
 therewith. Cities and towns hereafter organized under charters 
 framed and adopted by authority of this constitution are hereby 
 empowered, and cities and towns heretofore organized by author- 
 ity of this constitution may amend their charters in the manner 
 authorized by this constitution so as to become likewise empowered 
 hereunder, to make and enforce all laws and regulations in respect 
 to municipal affairs, subject only to the restrictions and limita- 
 tions provided in their several charters, and in respect to other 
 matters they shall be subject to and controlled by general laws. 
 Cities and towns heretofore or hereafter organized by authority 
 of this constitution may, by charter provision or amendment, 
 provide for the performance by county officers of certain of their 
 municipal functions, whenever the discharge of such municipal
 
 28 EXTRACTS FROM THE CONSTITUTION 
 
 functions by county officers is authorized by general laws or by 
 the provisions of a county charter framed and adopted by 
 authority of this constitution. 
 
 Municipal corporations are but subordinate subdivisions of the state, 
 which may be created, altered, or abolished at the will cf the legislature, 
 which may enlarge or restrict their powers, direct the mode of their exercise, 
 and define what acts they may or may not perform, subject to the limita- 
 tion that the legislature cannot direct the performance of an act which will 
 impair the obligations of a contract. (San Francisco v. Canavan, 42 Cal. 
 541.) 
 
 As to when a city of one class passes from one class to another, see Ex 
 parte Halsted, 89 Cal. 471, 26 Pac. 961.) 
 
 Charters. City charters, except as to municipal affairs, are subject to 
 and controlled by general laws. (Kennedy v. Board of Education, 82 Cal. 
 483, 22 Pac. 1042; People v. Henshaw, 76 Cal. 436, 18 Pac. 413; Ex parte 
 Halstead, 89 Cal. 471, 26 Pac. 961; Davies v. Los Angeles, 86 Cal. 37, 24 Pac. 
 771; Ex parte Ah You, 82 Cal. 339, 22 Pac. 929; In re Carrillo, 66 Cal. 3, 
 4 Pac. 695; Farmer v. Behmer, 9 Cal. App. 773, 100 Pac. 901.) 
 
 A municipality by its charter in the erection of school houses and the 
 issuance of bonds therefor can only run current with, and never counter 
 to, the general laws of the state touching the common pchool system. 
 (Los Angeles School Dist. v. Longdon, 148 Cal. 380, 83 Pac. 246.) 
 
 A provision of a city charter fixing tRe time during which the polls are 
 to be open during a municipal election is not in conflict with the general 
 law, which only refers to state and county elections. (People v. Hill, 125 
 Cal. 16, 57 Pac. 669.) 
 
 Notwithstanding the general law has denned an obstruction to a side- 
 walk a public nuisance and punishable as such, a city may make it a mis- 
 demeanor to fail to remove an obstruction to a sidewalk, since the munici- 
 pality might legalize a partial obstruction of a street. (Ex parte Taylor, 
 87 Cal. 91, 25 Pac. 258.) 
 
 A provision of a city charter prescribing the form of the complaint in 
 all actions to recover city taxes, there being no provision of the general law 
 on the subject, is valid. (Stockton v. Insurance Co., 73 Cal. 621, 15 Pac. 
 314.) 
 
 A municipal affair is one which refers to the internal business of the 
 municipality. (Fragley v. Phelan, 126 Cal. 383, 58 Pac. 923.) 
 
 The election of a board of freeholders and the adoption of a charter is 
 not a municipal affair. (Fragley v. Phelan, 126 Cal. 383, 58 Pac. 923.) 
 
 Salaries cf officers of the police and fire department of a city are muni- 
 cipal affairs. (Popper v. Broderick, 123 Cal. 456, 56 Pac. 53.) 
 
 The school system is a matter of general concern and not a municipal 
 affair. (Hancock v. Board of Education, 140 Cal. 554, 74 Pac. 44.) 
 
 The municipality is governed by general laws as to municipal affairs 
 as to which the charter is silent. (Fragley v. Phelan, 126 Cal. 383, 58 Pac. 
 923.) 
 
 Conceding that the removal of municipal officers is a municipal affair, 
 that cannot affect the concurrent jurisdiction of the superior court con- 
 ferred by the general law. (Coffey v. Superior Court, 147 Cal. 525, 82 Pac. 
 75.) 
 
 The authority given to a city by its charter to issue bonds for the erec- 
 tion of school houses within the city as a "municipal affair" is not exclusive 
 of the power conferred upon the trustees of the school district comprising 
 the city. (Los Angeles School Dist. v. Longdon, 148 Cal. 380, 83 Pac. 246.) 
 
 The disposition of fines for misdemeanors punished by virtue of the 
 .state law is not a municipal affair. (Marysville v. County of Yuba, 1 Cal 
 App. 634, 82 Pac. 975.) 
 
 The difcuesing of forms of vice and crime which are both mala in se and 
 mala prohibita cannot be classed as "municipal affairs." (Farmer v. 
 Behmer, 9 Cal. App. 773, 100 Pac. 901.)
 
 EXTRACTS FROM THE CONSTITUTION 29 
 
 Tht annexation of territory to a city is not a municipal affair, but is a 
 matter pertaining to the state at large and within its general powers and 
 functions, and the general law upon that subject controls. (People v. City 
 of Long Beach. 155 Cal. 604, 102 Pac. 664.) 
 
 The trial and punishment of offenses defined by the laws of the state 
 is not a municipal affair. (Robert v. Police Court, 148 Cal. 131, 82 Pac. 838. 
 Per Beatty, C. J., and Hensbaw, J.) 
 
 COMPENSATION OF OFFICERS. 
 
 SEC. 9. The compensation of any county, city, town, or mu- 
 nicipal officer shall not be increased after his election or during 
 his term of office; nor shall the term of any officer be extended 
 beyond the period for which he is elected or appointed. 
 
 This section doe? not apply to incidental expenses of the office, but only 
 to the compensation for services. (Kirkwood v. Soto, 87 Cal. 394, 25 Pac. 
 488.) 
 
 A contract to pay a city attorney extra compensation for services rendered 
 during his term of office is void; but he might recover for services performed 
 under such contract after the expiration of his term of office. (Buck v. 
 Eureka, 109 Cal. 504, 42 Pac. 243, 30 L. R. A. 409.) 
 
 The legislature may change the form of compensation from fees to a 
 salary, provided the compensation is not increased. (McCauley v. Cul- 
 vert, 144 Cal. 276, 77 Pac. 923.) 
 
 In the absence of a provision in the charter providing a salary for 
 members of the city council, that body has no power to provide such salary 
 by ordinance. (Woods v. Potter, 8 Cal. App. 41, 95 Pac. 1125.) 
 
 The expression "term of office," applies only to officers who have a fixed 
 and definite term, and does not apply to appointive officers who hold at 
 the pleasure of the appointing power. (Harrold v. Barnum, 8 Cal. App. 
 21. 96 Pac. 104.) 
 
 LOCAL POLICE, SANITARY, AND OTHER REGULATIONS 
 MAY BE ENFORCED. 
 
 SEC. 11. Any county, city, town, or township may make and 
 enforce within its limits all such local, police, sanitary, and other 
 regulations as are not in conflict with general laws. 
 
 Nature of Grant of Power. The grant is to the body politic and not to 
 the city council, and may be exercised by the electors directly by the in- 
 itiative and leferendum. (In re Pfahler, 150 Cal. 71, 88 Pac. 270, 11 Ann. 
 Gas. 911.) 
 
 This section contains a direct grant of power. (Denton v. Vann, 8 Cal. 
 App. 677, 97 Pac. 675.) 
 
 The legislature cannot limit the power conferred by this section so long 
 as it does not conflict with any general law of the state. (In re Ackerman, 
 6 Cal. App. 5, 91 Pac. 429.) 
 
 Any practice or business the tendency of which, as shown by experience, 
 is to weaken or corrupt the morals of those who follow it or to encourage 
 idleness, instead of habits of industry, is a legitimate subject of police 
 regulation. Gambling is such a practice. (Ex parte Tuttle, 91 Cal. 589, 
 27 Pac. 933.) 
 
 The question as to what measures are needful or appropriate to be taken 
 in the exercise of the police power is primarily for the legislative body to 
 determine; and such determination will not be disturbed by the courts, 
 unless the fundamental rights of the citizens are assailed. (Ex parte 
 Tuttle, 91 Cal. 589, 27 Pac. 933.) 
 
 It is not necessary to the exercise of the police power in regulating a 
 business that it shall constitute a nuisance per se. (Ex parte Lacey, 108 
 Cal. 326, 49 Am. St. Rep. 93, 41 Pac. 411, 38 L. R. A. 640.)
 
 30 EXTRACTS FROM THE CONSTITUTION 
 
 The right to regulate is not confined to such interference with the public 
 welfare and comfort as comes strictly within the common-law definition 
 of nuisance. (In re Junqua, 10 Cal. App. 602, 103 Pac. 159.) 
 
 The legislative determination of what is a proper exercise of police powers 
 is not final but is subject to supervision by the courts, which will interfere 
 when the case is made plain, either upon the face of the measure or by 
 extraneous evidence, that needless oppression is worked or that constitu- 
 tional rights are invaded, or when the local ordinance is unreasonable and 
 oppressive. (In re Junqua, 10 Cal. App. 602, 103 Pac. 159.) 
 
 Police power is limited to such measures as are reasonable in their appli- 
 cation and which tend in some appreciable degree to promote, protect, or 
 preserve the public health, morals, or safety, or the general welfare. 
 (Ex parte Quarg, 149 Cal. 79, 117 Am. St. Rep. 115. 84 Pac. 766, 5. L. R. A., 
 N. ST, 183. 9 Ann. Cas. 747.) 
 
 So far as mere police regulations are concerned, if city and county 
 ordinances conflict, the police regulations made by the city will control 
 within the limits of the city. (Ex parte Roach, 104 Cal. 272, 37 Pac. 1044; 
 Ex parte Mansfield, 106 Cal. 400, 39 Pac. 775; Los Angeles v. Eikenberry, 
 131 Cal. 461, 63 Pac. 766; Ex parte Pfirrman, 134 Cal. 143, 66 Pac. 205.) 
 
 A sanitary district is not a municipal corporation, and has none of the 
 powers granted by this section, nor can the legislature confer such powers 
 upon it. (In re Werner, 129 Cal. 567, 62 Pac. 97.) 
 
 An ordinance making it unlawful to visit a gambling house is not in 
 conflict with a provision of the general law making it unlawful to bet at 
 such house. (Ex parte Boswell, 86 Cal. 232, 24 Pac. 1060.) 
 
 An ordinance undertaking to punish precisely the same acts which are 
 punishable under the general law of the state is to be deemed in conflict 
 with such general law. (Ex parte Stephen, 114 Cal. 278, 46 Pac. 86; 
 In re Sic, 73 Cal. 142, 14 Pac. 405.) 
 
 An ordinance containing certain regulations as to the burden of proof 
 and the effect of certain acts as evidence is void. (Ex parte Christensen. 
 85 Cal. 208, 24 Pac. 747.) 
 
 A municipal ordinance making it a misdemeanor to fail to remove an 
 obstruction of a sidewalk is not in conflict with the provisions of the general 
 law declaring such an obstruction a nuisance and punishable as such, 
 since the municipality might legalize a partial obstruction of a street. 
 (Ex parte Taylor, 87 Cal. 91, 25 Pac. 258.) 
 
 When the state law provides a general and municipal scheme to prevent 
 the adulteration and sale of milk and dairy products, a municipal ordi- 
 nance establishing a different standard of purity is void. (In re Desanta, 
 
 8 Cal. App. 295, 96 Pac. 1027.) 
 
 An ordinance in direct conflict with a subsequently enacted general law 
 cannot be enforced. (In re Desanta, 8 Cal. App. 295, 96 Pac. 1027.) 
 
 A municipal ordinance licensing brothels is subject to the state law 
 punishing the crime of keeping a house of prostitution. (Farmer v. Behmer, 
 
 9 Cal. App. 773, 100 Pac. 901.) 
 
 An ordinance is not inconsistent with the general law merely because 
 jt makes another and different regulation on the same subject, when there 
 is no direct conflict between its terms and the provisions of the state law. 
 (Ex parte Hong Shen, 98 Cal. 681, 33 Pac. 799.) 
 
 Where the penalty imposed for the violation of an ordinance conflicts 
 with the provisions of the Penal Code, the penal clause of the ordinance 
 is void. (Ex parte Mansfield, 106 Cal. 400, 39 Pac. 775.) 
 
 The fact that an ordinance prohibiting games for money includes, by 
 way of general description, games prohibited by statute, as well as those not 
 so prohibjted, does not affect the validity of the ordinance; but all games 
 so prohibited by the general laws must be excluded from the operation of 
 the ordinance. (In re Murphy, 128 Cal. 29, 60 Pac. 465.) 
 
 When the question as to the unreasonableness of a municipal ordinance 
 is in doubt, the ordinance will be upheld; but when the ordinance is clearly 
 unreasonable, it will be held void. (Ex parte McKenna, 126 Cal. 429, 58 
 Pac. 916.)
 
 EXTRACTS FROM THE CONSTITUTION 31 
 
 An ordinance may be reasonable as applies to the regulation of cemeteries 
 within a city or town, which would be unreasonable if applied to all parts 
 of a county thinly populated in many of its parts. (Los Angeles v. Holly- 
 wood Cem. Assn., 124 Cal. 344, 71 Am. St. Rep. 75, 57 Pac. 153.) 
 
 An ordinance imposing a fine not exceeding one thousand dollars and 
 imprisonment not exceeding six months, for uttering profane and abusive 
 language in the presence of other persons, is not unreasonable. (McDonald 
 v. Taylor, 89 Cal. 42, 26 Pac. 595.) 
 
 Valid Ordinances. In accordance with the foregoing general principles 
 the following ordinances have been held valid as police and sanitary 
 measures: An ordinance for the removal of shade trees growing in the 
 sidewalks of public streets (Vanderhurst v. Tholcke, 113 Cal. 147, 45 Pac. 
 266, 35 L. R. A. 267); an ordinance prohibiting the conducting of any 
 carpet-beating machine within one hundred feet of any church, school 
 house, residence, or dwelling-house (Ex paite Lacey, 108 Cal. 326, 49 Am. 
 St. Rep. 93, 41 Pac. 411, 38 L. R. A. 640); a city ordinance forbidding the 
 beating of drums in the traveled streets of a city, without the permission 
 of the president of the board of trustees (In re Flaherty, 105 Cal. 558, 38 
 Pac. 981); an ordinance prohibiting the alteration or repair of any wooden 
 building within certain designated fire limits, without permission of the 
 fire wardens and approval of a majority of the committee on fire depart- 
 ment and the mayor (Ex parte Fiske, 72 Cal. 125, 13 Pac. 310) ; an ordinance 
 prohibiting the keeping of more than two cows within certain portions of 
 a city (In re Lineham, 72 Cal. 114, 13 Pac. 170); an ordinance prohibiting 
 the carrying on of a public laundry within the city limits, except within 
 prescribed boundaiies (In re Hang Kie, 69 Cal. 149, 10 Pac. 327); an ordi- 
 nance providing that all buildings used as laundries shall be constructed 
 but one story in height, with brick or stone walls, and with metal roofs, 
 doors, and window shutters (Ex parte White, 67 Cal. 102, 7 Pac. 186); 
 a provision of a city charter prohibiting the slaughtering of animals and 
 the maintenance of slaughter-houses within the city (Ex parte Heilbron, 
 65 Cal. 609, 4 Pac. 648); an ordinance making it unlawful to play upon any 
 musical instrument, etc., in any saloon, etc., after midnight (Ex parte 
 Smith & Keating, 38 Cal. 702); an ordinance providing that no person shall 
 establish or maintain any slaughter-house, keep herds of more than five 
 swine, keep or cure hides, slaughter cattle, etc., in any part of the city and 
 county (Ex parte Shrader, 33 Cal. 279); an ordinance making it unlawful 
 to exhibit in any barred or barricaded house or room or in any place 
 built or protected in a manner to make it difficult of access to police officers, 
 when three or more persons are present, and cards, etc. (Matter of Ah 
 Cheung, 136 Cal. 678, 69 "Pac. 492); an ordinance of the City and County 
 of San Francisco prohibiting interments of dead bodies within the city 
 limits (Odd Fellows' Cem. Assn. v. San Francisco, 140 Cal. 226, 73 Pac. 987); 
 an ordinance making it unlawful to maintain gas-works within certain 
 defined limits (Dobbins v. Los Angeles, 139 Cal. 179, 96 Am. St. Rep. 95, 
 72 Pac. 970; In re Daly, 139 Cal. 216, 72 Pac. 1097); an ordinance 
 requiring the exclusive removal of all garbage by the city tc be consumed 
 at the city crematory (In re Zihzhuzza, 147 Cal. 328, 81 Pac. 955); an ordi- 
 nance suppressing public billiard and pool rooms (Ex parte Murphy, 8 Cal. 
 App. 2140, 97 Pac. 199); an ordinance forbidding the escape of soot from any 
 furnace in which distillate or crude oil is consumed (In re Junqua, 10 Cal. App. 
 602, 103 Pac. 159); an ordinance regulating the laying of sewers in the public 
 streets (Harter v. Barkley, 158 Cal. 742, 112 Pac. 556); a law forbidding the 
 employment of children under the age of fourteen years at any regular 
 occupation (In re Spencer, 149 Cal. 396, 117 Am. St. Rep. 137, 86 Pac. 896, 
 9 Ann. Gas. 1105.) 
 
 Invalid Ordinances.-^-On the other hand, the following ordinances have 
 been held to be invalid as police and sanitary measures: A municipal 
 ordinance, not prohibiting all burials within the city, but merely prohib- 
 iting further purchases of cemetery lots, and allowing burials in lots already 
 purchased (Ex parte Bohen, 115 Cal. 372, 47 Pac. 55); an ordinance prohib-
 
 32 EXTRACTS FROM THE CONSTITUTION 
 
 iting the carrying on of a public laundry within the corporate limits of the 
 town, except in certain specified blocks thereof, without a written permit 
 from the board of trustees, and the written consent of a majority of the real 
 property owners within the block in which the business is to be carried on, 
 and also of the four blocks immediately surrounding the same (Ex parte 
 Sing Lee, 96 Cal. 354, 31 Am. St. Rep. 218, 31 Pac. 245, 24 L. R. A. 195); 
 an ordinance making it unlawful for any contractor performing work for 
 the city to employ any person to work more than eight hours a day, or to 
 employ Chineee labor (Ex parte Kuback, 85 Cal. 274, 20 Am. St. Rep. 226, 
 24 Pac. 737, 9 L. R. A. 482); an ordinance prohibiting the employment of 
 females in dance-halls, etc. (Matter of Maguire, 57 Cal. 604, 40 Am. Rep. 
 125. But see Ex parte Felchlin, 96 Cal. 360, 31 Am. St. Rep. 223, 31 Pac. 
 224); a municipal ordinance which undertakes to absolutely forbid the 
 erection or maintenance of any billboard for advertising purposes (Varney 
 & Green v. Williams, 155 Cal. 318, 132 Am. St. Rep. 88, 100 Pac. 867, 21 
 L. R. A., N. S., 741); an ordinance requiring a license to be obtained by 
 every person who at a fixed place of business sells any goods, etc., is author- 
 ized by this section (Ex parte Mount, 66 Cal. 448, 6 Pac. 78; San Luis Obispo 
 v. Greenberg, 120 Cal. 300, 52 Pac. 797). 
 
 A license imposed upon dogs is an exercise of the police, and not of the 
 taxing-power. (In re Ackerman, 6 Cal. App. 5, 9J Pac. 429.) 
 
 The power to regulate a business may be exercised by means of a license 
 fee, provided the amount is not more than is reasonably necessary for the 
 regulation of the business. (Plumas Co. v. Wheeler, 149 Cal. 758, 87 Pac. 
 909.) 
 
 ASSESSMENT AND COLLECTION OF TAXES. 
 
 SEC. 12. The legislature shall have no power to impose taxes 
 upon counties, cities, towns, or other public or municipal corpo- 
 rations, or upon the inhabitants or property thereof, for county, 
 city, town, or other municipal purposes, but may, by general 
 laws, vest in the corporate authorities thereof the power to assess 
 and collect taxes for such purposes. 
 
 An ordinance imposing a license tax and distinguishing between hotel? 
 where meals are cooked and served by a proprietor or the members of his 
 family and those where meals are not so cooked and served is valid. 
 (Ex parte Lemon, 143 Cal. 558, 77 Pac. 455, 65 L. R. A. 946.) 
 
 License taxes for revenue are taxes within the meaning of this section. 
 (Ex parte Jackson, 143 Cal. 564, 77 Pac. 457.) 
 
 The general municipal corporation act authorizing the boards of trustees 
 of cities to adopt a revenue system is valid. (Escondido v. Escondido L., 
 etc.. Co., 8 Cal. App. 435, 97 Pac. 197.) 
 
 License Taxes. A license tax graduated according to the amount of 
 the monthly sales of the merchant is valid, since it applies uniformly to 
 all persons in the same category. (Sacramento v. Crocker, 16 Cal. 119.) 
 
 A law imposing upon a person residing in a given section of the state a 
 license as a merchant without reference to his occupation would be void. 
 (Ex parte Ah Pong, 19 Cal. 106.) 
 
 Under this section a municipality may impose a license tax for the pur- 
 pose of revenue. (In re Guerrero, 69 Cal. 88, 10 Pac. 261.) 
 
 MONEYS, ETC., TO BE DEPOSITED WITH TREASURER. 
 
 SEC. 16. All moneys, assessments, and taxes belonging to or 
 collected for the use of any county, city, town, or other public 
 or municipal corporation, coming into the hands of any officer 
 thereof, shall immediately be deposited with the treasurer or 
 other legal depositary, to the credit of such city, town, or other 
 corporation respectively, for the benefit of the funds to which 
 they respectively belong.
 
 EXTRACTS FROM THE CONSTITUTION 33 
 
 DEPOSIT OF PUBLIC MONEYS. 
 
 ARTICLE XI. 
 (Statutes of 1917, Page 1955) 
 
 SEC. \Y<i- Authorizes state, county or municipality to deposit 
 moneys in national banks within state, or banks organized under 
 laws thereof, as permitted by any law adopted by initiative or 
 by two-thirds vote of each house of legislature approved by 
 governor and s ibject to referendum, and, when issuing bonds, in 
 banks outside state to pay principal or interest thereof where 
 payable; eliminates provisions requiring security for deposits, 
 interest thereon and limiting amounts thereof, continuing present 
 laws governing deposits until amended or repealed. 
 
 Election November 5, 1918: Adopted Yes. 239,203; No, 180,856. 
 
 RESTRICTIONS ON POWER TO INCUR INDEBTEDNESS. 
 (Statutes of 1917, page 1976) 
 
 SEC. 18. Amends Section 18, Article XI, of constitution, 
 relating to limitation upon county municipal and district indebted- 
 ness, by adding proviso authorizing City of Venice to pay all its 
 indebtedness incurred during years 1914 to 1916 inclusive exceeding 
 the income and revenue there for, amount to be paid in full of said 
 indebtedness not to exceed in the aggregate sixty thousand dollars, 
 whenever two-thirds of voters thereof so decide at election held 
 for that purpose, and declaring that no statute of limitations shall 
 apply in any manner. 
 
 Election November 5, 1918: Adopted Yes, 188,349; No, 167,647. 
 
 Municipal Indebtedness. This provision is to be naturally and reason- 
 ably construed as providing that all legitimate indebtedness of the munici- 
 pality must not exceed all the revenues and income provided for that year. 
 (Higgins v. San Diego, 131 Cal. 294, 63 Pac. 470.) 
 
 It refers only to the acts or contracts of the city and not to liabilities 
 which the law may cast upon her. (McCracken v. San Francisco, 16 Cal. 
 591; Lewis v. Widber, 99 Cal. 412, 33 Pac. 1128.) 
 
 Each year's income and revenue must pay each year's indebtedness 
 and liability, and no indebtedness or liability incurred in any one year 
 can be paid out of the income of any future year. (San Francisco Gas Co. 
 v. Brickwedel, 62 Cal. 641; Schwartz v. Wilson, 75 Cal. 502, 17 Pac. 449; 
 Smith v. Broderick, 107 Cal. 644, 48 Am. St. Rep. 167, 40 Pac. 1033; Weaver 
 v. San Francisco, 111 Cal. 319, 43 Pac. 972; Montague v. English, 119 Cal. 
 225, 51 Pac. 327.) 
 
 The fact that the obligation is reduced to judgment and a special tax 
 levied and collected for its payment does not alter the case. (Smith v. 
 Broderick, 107 Cal. 644, 48 Am. St. Rep. 167, 40 Pac. 1033; Goldsmith v. 
 San Francisco, 115 Cal. 36, 46 Pac. 816.) 
 
 Moneys of a previous fiscal year, remaining in the treasury in a subse- 
 quent year, are not part of the fund of the subsequent year, but they remain 
 a part of the fund of the previous year, and a claimant of that fund cannot 
 be robbed of his due by a technical transfer. (Bilby v. McKenzie, 112 Cal. 
 143, 44 Pac. 341.) 
 
 Where the revenue of one fiscal year has been exhausted, the city officers 
 cannot, for the purpose of providing for the present needs of the munici-
 
 34 EXTRACTS FROM THE CONSTITUTION 
 
 pality during the remainder of the year, incur debts to be met in a subse- 
 quent year, except in the manner provided in this section. (Bradford v. 
 San Francisco, 112 Cal. 537, 44 Pac. 912.) 
 
 This section does not prohibit the auditing of demands for salaries, 
 although the aggregate amount of the salaries for a given year would exceed 
 the amount limited by the board of supervisors for the payment of such 
 salaries during that year. (Welch v. Strother, 74 Cal. 413, 16 Pac. 22.) 
 
 A contract for future annual payments for a sewer farm is not a present 
 liability. (McBean v. Fresno, 112 Cal. 159, 53 Am. St. Rep. 191, 44 Pac. 
 358, 31 L. R. A. 794; Smilie v. Fresno, 112 Cal. 311, 44 Pac. 556; Higgins v. 
 San Diego Water Co., 118 Cal. 524, 45 Pac. 824, 50 Pac. 670.) 
 
 XA sum payable upon a contingency is not a debt within the meaning 
 of this section, and cannot become such until the contingency happens. 
 (Doland v. Clark, 143 Cal. 176, 76 Pac. 958.) 
 
 A contract to continue for a series of years, and providing for payments 
 ")C thereunder at different times, is not in violation of this provision. 
 (Doland v. Clark, 143 Cal. 176, 76 Pac. 958.) 
 
 Although there may be no money in the fund out of which a liability 
 is payable at the time it is created, still, if at the end of the fiscal year there 
 is money in such fund, it may be applied to such liability. (Higgins v. 
 San Diego, 131 Cal. 294, 63 Pac. 470.) 
 
 MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES. 
 
 SEC. 19. Any municipal corporation may establish and operate 
 public works for supplying its inhabitants with light, water, 
 power, heat, transportation, telephone service or other means of 
 communication. Such works may be acquired by original con- 
 struction or by the purchase of existing works, including their 
 franchises, or both. Persons or corporations may establish and 
 operate works for supplying the inhabitants with such services 
 upon such conditions and under such regulations as the munici- 
 pality may prescribe under its organic law, on condition that the 
 municipal government shall have the right to regulate the charges 
 thereof. A municipal corporation may furnish such services to 
 inhabitants outside its boundaries; provided that it shall not 
 furnish any service to the inhabitants of any other municipality 
 owning or operating works supplying the same service to such 
 inhabitants, without the consent of such other municipality, 
 expressed by ordinance. (Amendment approved October 10, 
 1911.) 
 
 An electric light company by erecting poles by permission of the muni- 
 cipal authorities does not obtain an absolute, indefeasible right to have 
 the poles remain at the particular spot for all time, and the city authorities 
 have the power by reasonable regulations to compel the company to change 
 their location. (Merced Falls Gas Co. v. Turner, 2 Cal. App. 720, 84 Pac. 
 239.) 
 
 ARTICLE XII. 
 
 RAILROAD COMMISSION, REGULATION OF PUBLIC 
 UTILITIES. 
 
 SEC. 23. Every private corporation, and every individual or 
 association of individuals, owning, operating, managing, or con- 
 trolling any commercial railroad, interurban railro:ut.
 
 EXTRACTS FROM THE CONSTITUTION 35 
 
 railroad, canal, pipe line, plant, or equipment, or any part of 
 such railroad, canal, pipe line, plant or equipment within this 
 state, for the transportation or conveyance of passengers, or 
 express matter, or freight of any kind, including crude oil, or for 
 the transmission of telephone or telegraph messages, or for 
 the production, generation, transmission, delivery or furnishing 
 of heat, light, water or power or for the furnishing of storage or 
 wharfage facilities, either directly or indirectly, to or for the 
 public, and every common carrier is hereby declared to be a 
 public utility subject to such control and regulation by the rail- 
 road commission as may be provided by the legislature, and 
 every class of private corporations, individuals, or associations 
 of individuals hereafter declared by the legislature to be 
 public utilities shall likewise be subject to such cnntrol and 
 regulation. The railroad commission shall have and exercise 
 such power and jurisdiction to supervise and regulate public 
 utilities, in the State of California, and to fix the rates to be 
 charged for commodities furnished, or services rendered by 
 public utilities as shall be conferred upon it by the legislature, 
 and the right of the legislature to confer powers upon the railroad 
 commission respecting public utilities is hereby declared to be 
 plenary and to be unlimited by any provision of this constitution. 
 From and after the passage by the legislature of laws conferring 
 powers upon the railroad commission respecting public utilities, 
 all powers respecting such public utilities vested in boards of 
 supervisors, or municipal councils, or other governing bodies 
 of the several counties, cities and counties, cities and towns, in 
 this state, or in any commission created by law and existing at 
 the time of the passage of such laws, shall cease so far as such 
 powers shall conflict with the powers so conferred upon the rail- 
 road commission; provided, however, that this section shall not 
 affect such powers of control over public utilities as relate to 
 the making and enforcement of local, police, sanitary and other 
 regulations, other than the fixing of rates, vested in any city 
 and county or incorporated city or town as, at an election to be 
 held pursuant to law, a majority of the qualified electors of such 
 city and county, or incorporated city or town, voting thereon, 
 shall vote to retain, and until such election such powers shall 
 continue unimpaired; but if the vote so taken shall not favor 
 the continuation of such powers they shall thereafter vest in 
 the railroad commission as provided by law; and provided, 
 further, that where any such city and county or incorporated 
 city or town shall have elected to continue any of its powers to 
 make and enforce such local, police, sanitary and other regula- 
 tions, other than the fixing of rates, it may, by vote of a majority 
 of its qualified electors voting thereon, thereafter surrender such 
 powers to the railroad commission in the manner prescribed by
 
 36 EXTRACTS FROM THE CONSTITUTION 
 
 the legislature; and provided, further, that this section shall not 
 affect the right of any city and county or incorporated city or 
 town to grant franchises for public utilities upon the terms and 
 conditions and in the manner prescribed by law. Nothing in 
 this section shall be construed as a limitation upon any power 
 conferred upon the railroad commission by any provision of this 
 constitution now existing or adopted concurrently herewith. 
 
 ARTICLE XIII. 
 TAXATION TO BE IN PROPORTION TO VALUE. 
 
 SECTION 1. All property in the state except as otherwise in 
 this constitution provided, not exempt under the laws of the 
 United States, shall be taxed in proportion to its value, to be 
 ascertained as provided by law, or as hereinafter provided. The 
 word "property," as used in this article and section, is hereby 
 declared to include moneys, credits, bonds, stocks, dues, fran- 
 chises, and all other matters and things, real, personal, and 
 mixed, capable of private ownership; provided, that a mortgage, 
 deed of trust, contract, or other obligation by which a debt is 
 secured when land is pledged as security for the payment thereof, 
 together with the money represented by such debt, shall not be 
 considered property subject to taxation; and further provided, 
 that property used, for free public libraries and free museums, 
 growing crops, property used exclusively for public schools, and 
 such as may belong to the United States, this state, or to any 
 county, city and county, or municipal corporation within this 
 state shall be exempt from taxation, except such lands and the 
 improvements thereon located outside of the county, city and 
 county or municipal corporation owning the same as were subject 
 to taxation at the time of the acquisition of the same by said 
 county, city and county or municipal corporation; provided, 
 that no improvements of any character whatever constructed by 
 any county, city and county or municipal corporation shall be 
 subject to taxation. All lands or improvements thereon, belong- 
 ing to any county, city and county or municipal corporation, not 
 exempt from taxation, shall be assessed by the assessor of the 
 county, city and county or municipal corporation in which said 
 lands or improvements are located, and said assessments shall 
 be subject to review, equalization and adjustment by the state 
 board of equalization. The legislature may provide, except in 
 the case of credits secured by mortgage or trust deed, for a 
 deduction from credits of debts due to a bona fide resident of 
 this state. 
 
 The provisions of this article have no application to assessments for local 
 improvements. (Turlock Irr. Dist. v. Williams, 76 Cal. 360, 18 Pac. 379.) 
 The words "taxation" and "assessments" do not have the same signifi- 
 cation. (Taylor v. Palmer 31 Cal. 240.)
 
 EXTRACTS FROM THE CONSTITUTION 37 
 
 A license tax upon the right to carry on a particular trade or business, 
 imposing the same rate or amount on all engaged in the same business 
 regardless of the amount of capital employed or profits earned, is a valid 
 exercise of the taxing power, and is not a tax upon property within the 
 meaning of this section. (Los Angeles v. Los Angeles, etc., Co., 152 Gal. 
 765, 93 Pac. 1006.) 
 
 UNITED STATES ARMY, NAVY, MARINE AND REVENUE 
 SERVICE. 
 
 SEC. 1*4. The property to the amount of one thousand dollars 
 of every resident in this state who has served in the army, navy, 
 marine corps, or revenue marine service of the United States in 
 time of war, and received an honorable discharge therefrom; 
 or lacking such amount of property in his own name, so much of 
 the property of the wife of any such person as shall be necessary 
 to equal said amount; and property to the amount of one thousand 
 dollars of the widow resident in this state, or if there be no such 
 widow, of the widowed mother resident in this state, of every 
 person who has so served and has died either during his term of 
 service or after receiving honorable discharge from said service; 
 and the property to the amount of one thousand dollars of 
 pensioned widows, fathers, and mothers, resident in this state, 
 of soldiers, sailors, and marines who served in the army, navy, 
 or marine corps, or revenue marine service of the United States, 
 shall be exempt from taxation; provided, that this exemption 
 shall not apply to any person named herein owning property of 
 the value of five thousand dollars or more, or -where the wife 
 of such soldier or sailor owns property of the value of five thousand 
 dollars or more. No exemption shall be made under the provisions 
 of this act of the property of a person who is not a legal resident 
 of the state. (Amendment approved October 10, 1911.) 
 
 Adding Section la (new) to Article XIII of the constitution 
 exempting from taxation the buildings and grounds within which 
 the same are located, not exceeding 100 acres, equipment, 
 securities and income used exclusively for educational purposes, 
 of any educational institution of collegiate grade within the state 
 not conducted for profit. (S. C. A. 15, Stats, 1913, p. 1684.) 
 
 CHURCHES EXEMPT FROM TAXATION. 
 
 SEC. 1J/2. All buildings, and so much of the real property on 
 which they are situated as may be required for the convenient 
 use and occupation of said buildings, when the same are used 
 solely and exclusively for religious worship, shall be free from 
 taxation; provided, that no building so used which may be rented 
 for religious purposes and rent received by the owner therefor, 
 shall be exempt from taxation. (Amendment adopted November 
 6, 1900.)
 
 38 EXTRACTS FROM THE CONSTITUTION 
 
 ORPHANAGES EXEMPT FROM TAXATION. 
 
 SEC. l%&. Exempts from taxation all buildings and so much 
 real property connected therewith as may be required for the 
 occupation of institutions sheltering more than twenty orphan or 
 half-orphan children receiving state aid, but provides that no 
 building, or real or personal property, so used which may be rented 
 and the rent received by the owner thereof shall be exempt from 
 taxation. 
 
 Election November 2, 1920: Adopted Yes, 394,014; No, 371,658. 
 
 PERSONAL PROPERTY TO EXTENT OF $100 EXEMPT. 
 
 SEC. 10^. The personal property of evejy householder to 
 the amount of one hundred dollars, the articles to be selected 
 by each householder, shall be exempt from taxation. (New 
 section added by amendment approved November 8, 1904.) 
 
 ALIEN POLL TAX. 
 
 SEC. 12. Requires the legislature to provide for the levy of an 
 annual poll tax, and the collection thereof by assessors, of not 
 less than four dollars on every alien male inhabitant of this state 
 over twenty-one and under sixty years of age, except paupers, 
 idiots and insane persons, such tax to be paid into county school 
 fund in county where collected. 
 
 Election November 2, 1920: Adopted Yes, 667,924; No, 147,212. 
 
 TAXES FOR STATE PURPOSES. 
 
 SEC. 14. Taxes levied, assessed and collected as hereinafter 
 provided upon railroads, including street railways, whether 
 operated in one or more counties; sleeping-car, dining-car, 
 drawing-roorn car and palace-car companies, refrigerator, oil, 
 stock, fruit, and other car-loaning and other car companies 
 operating upon railroads in this state; companies doing express 
 business on any railroad, steamboat, vessel or stage line in this 
 state; telegraph companies; telephone companies; companies 
 engaged in the transmission or sale of gas or electricity; insurance 
 companies; banks, banking associations, savings and loan 
 societies and trust companies; and taxes upon all franchises of 
 every kind and nature, shall be entirely and exclusively for state 
 purposes, and shall be levied, assessed and collected in the manner 
 hereinafter provided. The word "companies" as used in this 
 section shall include persons, partnerships, joint-stock associa- 
 tions, companies, and corporations.
 
 EXTRACTS FROM THE CONSTITUTION 39 
 
 TAXES ON RAILROADS, EXPRESS COMPANIES, TELE- 
 GRAPH AND TELEPHONE COMPANIES, GAS AND 
 ELECTRIC COMPANIES. 
 
 Such taxes shall be in lieu of all other taxes and licenses, state, 
 county and municipal, upon the property above enumerated of 
 such companies except as otherwise in this section provided 
 
 ARTICLE XX. 
 OATH OF OFFICE. 
 
 SEC. 3. Members of the legislature, and all officers, executive 
 and judicial, except such inferior officers as may be by law exempt, 
 shall, before they enter upon the duties of their respective offices, 
 take and subscribe the following oath or affirmation: 
 
 "I do solemnly swear (or affirm, as the case may be), 
 that I will support the constitution of the United States 
 and the constitution of the State of California, and that 
 I will faithfully discharge the duties of the office of 
 
 , according to the best of my ability." 
 
 And no other oath, declaration, or test shall be required as a 
 qualification for any office or public trust. 
 
 EIGHT HOURS A LEGAL DAY'S LABOR. 
 
 SEC. 17. The time of service of all laborers or workmen or 
 mechanics employed upon any public works of the State of 
 California, or of any county, city and county, city, town, district, 
 township, or other political subdivision thereof, whether said 
 work is to be done by contract or otherwise, shall be limited and 
 restricted to eight hours in any one calendar day, except in cases 
 of extraordinary emergency caused by fire, flood, or danger to 
 life and property, or except to work upon public, military, or naval 
 works or defenses in time of war, and the legislature shall provide 
 by law that a stipulation to this effect shall be incorporated in 
 all contracts for public work and prescribe proper penalties for 
 the speedy and efficient enforcement of said law. (Amendment 
 adopted November 4, 1902.)
 
 HOW TO ORGANIZE A MUNICIPAL 
 CORPORATION. 
 
 (See Sections 1, 2 and 3, Act 2348, Deering's General Laws.) 
 
 The procedure for incorporating a town is to be found in 
 Chapter I of the municipal corporation act, a synopsis of the 
 same being as follows: 
 
 The proposed municipality must contain not less than five 
 hundred inhabitants. A petition signed by at least fifty of the 
 qualified electors must be presented to the board of supervisors 
 after the same has been published for at least two weeks, together 
 with a notice of the time when it will be presented. The super- 
 visors must hear the petition, and may adjourn the hearing from 
 time to time but not more than two months in all. 
 
 The board of supervisors shall then give notice of an election 
 by two weeks publication. If a majority vote in favor of incor- 
 porating, the board shall enter an order in its minutes declaring 
 such territory to be incorporated, and giving the names of the 
 officers who, by the way, are elected at the same time. A cer- 
 tified copy of the order is sent to the secretary of state at Sacra- 
 mento, from and after the filing of which the incorporation is 
 complete. 
 
 Note. Complete forms used in incorporation proceedings, including 
 petition, affidavit, affidavit of publication, form of ballot, order of the 
 supervisors, etc., together with full instructions, may be procured upon 
 payment of a small fee. Address League of California Municipalities, 
 Pacific Building, San Francisco. 
 
 The provision of the statute prohibiting a petition for incorporation 
 from being continued for more than two months is not necessarily man- 
 datory. (Town of Larkspur, 16 Cal. App. 169.) 
 
 The provisions in the notice of an incorporation election as to the duty 
 of the election board to open the polls at the proper time are deemed 
 directory, where failure to comply strictly therewith does not affect the 
 result. (People v. Town of Larkspur, 16 Cal. App. 169.) 
 
 The affidavit of three qualified electors filed with the petition for incor- 
 poration, certifying to the genuineness of the signatures or more than fifty 
 qualified electors, is prima facie evidence of the requisite number of 
 signers, if no other evidence is presented the board of supervisors is bound 
 to determine that it has jurisdiction to make its order. 
 
 In proceedings f9r a writ to review the action of the board of 
 supervisors in granting a petition for incorporation a court cannot take 
 into consideration any facts other than thoee which would appear in a 
 return by the board showing the record of the proceedings before it, and 
 in this case the return would show that the petition was signed by the 
 requisite number of qualified electors and as to that matter that the board 
 had jurisdiction. (HofTecker v. Board of Supervisors, 23 Cal. App. 405.) 
 
 The failure of the board of supervisors to order certified copy of its order 
 filed with the Secretary of State, and its failure to ascertain the number 
 of inhabitants within the boundaries of the proposed city, were errors and 
 irregularities which cannot be reviewed by writ of certiorari. (Cole v. 
 Board of Supervisors of Orange County, 27 Cal. App. 528.) 
 
 The order of the board of supervisors calling the election on the question 
 of incorporation may be rescinded by the board at any time before the 
 election nas been held. (Veinon v. Board of Supervisors, 142 Cal. 513.)
 
 ORGANIZING A MUNICIPAL CORPORATION 41 
 
 The action of the board of supervisors in canvassing the returns and 
 announcing the result is ministerial and cannot be reviewed under a Writ 
 of Review. (Borchard v. Board of Supervisors, 144 Cal. 10.) 
 
 It is sufficient as regards population if the petition states the popula- 
 tion "as nearly as the same can be stated by your petitioners." (Borchard 
 v. Board of Supervisors, 144 Cal. 10.) 
 
 The affidavit to the petition must show that the signatures are genuine. 
 (People ex rel Boardman v. Town of Linden, 107 Gal. 94.) 
 
 HOW TO CONDUCT THE FIRST MEETING. 
 
 Suggestions which may be modified to suit the circumstances 
 
 of each particular case. 
 
 In case that an election held on the proposition of incorpora- 
 tion results favorably, the person elected city clerk should write 
 and ask the secretary of state to notify him when the order of 
 the board of supervisors declaring the result of the election has 
 been filed in his office. In the meantime the trustees elect may 
 anticipate the filing of the order and arrange for their first 
 meeting. Upon receipt of word from the secretary of state that 
 the order has been filed the clerk should take and subscribe to 
 the constitutional oath of office before a notary or justice, and 
 place the same on file. 
 
 The first meeting should be called to order by the clerk, where- 
 upon he should read a copy of the order of the board of supervisors 
 declaring the incorporation, together with the notice from the 
 secretary of state that a certified copy of the order has been 
 filed in his office at Sacramento. Then the clerk should admin- 
 ister the oath of office to the trustees and other officers elect, and 
 have them subscribe to the same. He should then announce as 
 the first thing in order, the nomination and election of a president 
 of the board, and when that official has been chosen he should 
 relinquish the chair to him and retire to his own station. 
 
 Among the first things to be done by the new board of trustees 
 is the passage of an ordinance fixing the time and place of official 
 meetings, and this should be substantially in the following form: 
 ORDINANCE No. 1. 
 
 An ordinance of the Town of fixing the time and place 
 
 of official meetings of the Board of Trustees of said town. 
 
 The Board of Trustees of the Town of do ordain as 
 
 follows: 
 
 SECTION 1. All official meetings of the board of trustees of the Town 
 
 of will be held at the hall on Main 
 
 Street between First and Second Streets in said town, and the regular 
 meetings will be held on the first and third Mondays of each month at 
 eight o'clock P. M. of said days. 
 
 SECTION 2. This ordinance is an ordinance for the immediate preser- 
 vation of the public peace, health and safety, and the facts constituting its 
 
 urgency are declared to be as follows: The Town of has 
 
 just been incorporated and it is imperative that the time and place of 
 holding official and regular meetings of the board of trustees be fixed without 
 delay in order to enable the transaction of the official business of said town 
 in a lawful manner; for which reason this ordinance shall go into full force 
 and effect upon its final passage. 
 
 (Signed) 
 
 President of the Board of Trustees of the 
 Town of
 
 42 ORGANIZING A MUNICIPAL CORPORATION 
 
 I, the undersigned, clerk of the Town of and ex-officio 
 
 clerk of the beard of trustees of said town hereby certify that the foregoing 
 
 ordinance is a true and correct copy of Ordinance No of said 
 
 town which was introduced at a regular meeting of said board, held 
 
 ,19 , and was passed , 19 , 
 
 being not less than five days thereafter, by the following vote: 
 
 Ayes, Trustees 
 
 Noes, " 
 
 I further certify that said ordinance was thereupon signed by 
 
 the president of the board of trustees of said town, and was published 
 once in the , a newspaper of general circulation pub- 
 lished in said town. 
 
 Attest: 
 
 Clerk of the Town of 
 
 Note. All urgency ordinances must be passed by a four-fifths vote. 
 They go into effect immediately upon their final pasfage, whereas other 
 ordinances do not become effective until thirty days after final passage. 
 (See Statutes 1915, p. 319.) 
 
 The next business should be the appointment of the marshal and a 
 recorder, and such other officials as the board of trustees may desire, such 
 as attorney, poundmaster, etc., which may be done by resolution. Their 
 compensation should be fixed by ordinance. Fixing the amount of the 
 official bonds to be given by the clerk, treasurer and marshal, should be 
 attended to at the first meeting, and this may be done in the same ordi- 
 nance, in which case it should be substantially as follows: 
 An ordinance fixing the compensation for the clerk, treasurer, marshal, 
 
 and recorder; also the amount of the official bonds required of the first 
 
 three officials mentioned. 
 
 The Board of Trustees of the Town of do ordain as 
 
 follows: 
 
 SECTION 1. The clerk, treasurer, marshal, and recorder, shall severally 
 
 receive compensation at the rate per month, as follows: Clerk, $ 
 
 treasurer $ marshal $ and recorder 
 
 S , each respectively. 
 
 SECTION 2. The clerk, treasurer, and marshal, respectively, before 
 entering upon the duties of their respective offices shall each execute a 
 
 bond to said town in the following penal sums: Clerk $ , 
 
 treasurer $ , marshal S 
 
 SECTION 3. Add urgency clause, signature of president, and certificate 
 of clerk. 
 
 Note. The officers may furnish surety bonds in which case the cost of 
 the same must be borne by the municipality. (See Section 853 of the Muni- 
 cipal Corporation Act governing sixth class cities for the approval of official 
 bonds.) 
 
 Another matter which should be attended to at the first meet- 
 ing is the adoption of rules for conducting the business of the 
 board, which should also be done by ordinance. The following 
 is worthy of adoption, subject, perhaps, to modification to suit 
 local conditions: 
 
 ORDINANCE No 
 
 An Ordinance Establishing Rules for Conducting the Proceedings 
 
 of the Board of Trustees of the of 
 
 , and Providing for the Punishment of 
 
 any Member or any Person for Disorderly Behavior at any 
 Meeting of said Board, also for Compelling the Attendance of 
 Absent Members.
 
 ORGANIZING A MUNICIPAL CORPORATION 43 
 
 The Board of Trustees of the of 
 
 do ordain as follows: 
 
 SECTION 1. At the beginning of each term the President of 
 the Board of Trustees shall appoint the following committees to 
 consist of one member each who shall be known as Commissioners. 
 
 1. Commissioner of Streets, Sidewalks and Parks. 
 
 2. Commissioner of Health and Safety. 
 
 3. Commissioner of Light and Water. 
 
 4. Commissioner of Fire and Police. 
 
 The President of the Board shall be the Commis- 
 sioner of Finance. 
 
 SEC. 2. All business brought before the board shall be re- 
 ferred to the appropriate commissioner for his investigation, report 
 and recommendation in reference thereto, before any action shall 
 be taken thereon by the board as a whole, except the business in 
 question be of special urgency or of such a nature that it may 
 be disposed of immediately. Upon a four-fifths vote of the 
 board any commissioner may be required to report his recom- 
 mendations in writing. 
 
 SEC. 3. Ordinances may be given their first reading upon their 
 introduction by reading the title only. Second reading shall be 
 in full unless dispensed with by unanimous vote, and the third 
 reading upon final passage of the ordinance may be by title only 
 unless a full reading is again requested by a majority of the 
 members. 
 
 SEC. 4. The minutes of the Board of Trustees or journal of 
 their proceedings required to be kept by the Clerk shall be neatly 
 typewritten in a special looseleaf journal book, with each of the 
 different kinds of business transacted set off in paragraphs with 
 proper sub-heads. 
 
 Until a substantial fire-proof vault has been provided for 
 keeping the public records, the Clerk shall keep the original 
 copies of all ordinances and, wherever possible, copies of all 
 other official records, in a fire-proof safe deposit box or boxes 
 which he is hereby authorized to lease for that purpose. 
 
 SEC. 5. The Commissioners of Finance, Streets, Sidewalks 
 and Parks, and Water and Light, shall constitute the auditing 
 committee who shall examine and approve all bills in writing 
 before the same may be paid.
 
 44 ORGANIZING A MUNICIPAL CORPORATION 
 
 SEC. 6. The following shall constitute the order of business 
 to be followed in conducting the regular meetings of the board: 
 
 ORDER OF BUSINESS: 
 
 1. Roll call. 
 
 2. Minutes of previous meeting. 
 
 3. Receiving written communications. 
 
 4. Receiving oral communications. 
 
 5. Report of special committees. 
 
 6. Report of Commissioners. 
 
 7. Unfinished business. 
 
 8. Paying bills. 
 
 9. New business. 
 10. Adjournment. 
 
 Any citizen may arise and address the board on any business 
 specially concerning them or affecting their interests, but prefer- 
 ence will be given to those who have first presented matters in 
 the form of a written communication or who have personally 
 notified the President of the Board of Trustees of their desire 
 to speak. 
 
 The members of the board shall remain seated while partici- 
 pating in discussions and at all times during any meeting; they 
 shall address their remarks to the President and other members 
 of the board and not to the citizens who may happen to be in 
 attendance. 
 
 The regular order of business may be suspended by a majority 
 vote for the accommodation of non-residents who may have busi- 
 ness before the board, or for any other purpose. 
 
 SEC. 7. Any member or other person using profane, vulgar, 
 loud or boisterous language at any meeting, or otherwise inter- 
 rupting the proceedings, who refuse to be seated or kept quiet 
 when ordered so to do by the President or President pro tern, of 
 the board, shall be guilty of a misdemeanor, punishable by a fine 
 of not to exceed Twenty-five Dollars or by imprisonment not 
 exceeding ten days. It shall be the duty of the Marshal, upon 
 order of the presiding officer, to eject any such member or person 
 from the boardroom. 
 
 SEC. 8. In case a quorum should not be present at any meet- 
 ing and important business remains to be transacted or disposed 
 of, any two members of the board may cause a written notice 
 to be served personally upon the other members directing their 
 immediate attendance, whereupon the members receiving such 
 written notice shall be required to attend immediately except 
 in case of sickness or death in their immediate family, otherwise 
 
 they shall be liable to a fine, penalty or forfeiture to the 
 
 in the sum of Twenty-five Dollars, recoverable by a civil action 
 in the Recorder's Court
 
 ORGANIZING A MUNICIPAL CORPORATION " 45 
 
 SEC. 9. Any member of the Board of Trustees who refuses to 
 attend four consecutive meetings, when neither sick of absent 
 
 from the at the time said meetings were 
 
 held, shall be deemed to have forfeited his title to the office of 
 trustee, and the remaining members or a majority thereof may 
 cause an action to be brought in the Superior Court to have his 
 office declared vacant. 
 
 SEX:. 10. The proceedings of the board shall be governed 
 under "Robert's Rules of Order" on all matters pertaining to 
 parliamentary law, but no ordinance, resolution ; proceeding or 
 other action of the board, shall be invalidated or the legality 
 thereof otherwise affected by the failure or omission to observe 
 or follow said rules. 
 
 SEC. 11. All notices of special meetings must be delivered 
 personally to the members of the Board of Trustees in the time, 
 form and manner provided by law. 
 Signed 
 
 President of the Board of Trustees. 
 
 HOW THE MEMBERS OP THE BOARD SHOULD BE SEATED 
 AND THE MEETINGS CONDUCTED. 
 
 The manner of seating the members of the Board of Trustees is 
 a matter of more importance than may be imagined. In some 
 cases they all sit in a row on an elevated platform facing the main 
 body of the hall. This arrangement is not advisable for the 
 reason that when seated in this manner they are inclined uncon- 
 sciously to address their remarks to the people who happen to be 
 present in the body of the hall instead of confining the discussion 
 to their fellow members. As a result the people in the audience 
 are induced to participate in the discussion and thereby become 
 part of the legislative body. Another objection to the arrange- 
 ment is the fact that it offers a strong temptation to "play to the 
 gallery" so to speak. It results in the loss of much valuable time 
 and attracts a class of persons to the meetings who take delight 
 in hearing themselves. talk or in heckling the members of the 
 board. 
 
 A much better seating arrangement is to dispense with the 
 elevated platform and have all the members sit around a table, 
 together with the clerk, attorney and engineer. Such a table 
 should be about three feet wide and seven feet long. When seated 
 in this manner the members will be inclined to discuss the city's 
 business with each other instead of discussing it with those who 
 happen to be present in the audience. The local "busybodies" 
 and professional "kickers" will soon lose interest under such an 
 arrangement and seek other places of amusement. At the same 
 time, this arrangement will not deprive those who have any real 
 business before the board of an opportunity to be heard.
 
 46 . ORGANIZING A MUNICIPAL CORPORATION 
 
 ROAD MONEY. 
 
 Another matter that should be given attention at the first 
 meeting is in regard to the remission of any road money due the 
 town under the provisions of section 2656 of the Political Code, 
 which provides that whenever any territory forming part of a 
 road district is incorporated, the unexpended money collected 
 from that portion of the district must be refunded to the munici- 
 pality and turned into the general fund. The attorney or clerk 
 should be authorized to take the matter up with the county 
 officials and after ascertaining the amount, put in a claim with 
 the board of supervisors. 
 
 BOOKS AND STATIONERY. 
 
 The clerk should be authorized at the first meeting to secure 
 such books and stationery as required by law. A specification 
 of most of the books needed will be found in section 878 of the 
 laws governing cities of the sixth class. It is important that the 
 "ordinance" book and "record" book be well constructed and 
 strongly bound. A good loose-leaf book is desirable as it will 
 enable the ordinances and minutes to be typewritten. It is of 
 the utmost importance that the clerk's certificate of the pub- 
 lishing or posting of each ordinance be set forth in the ordinance 
 book, otherwise it will not be accepted in evidence. (See Sec. 
 878 of the laws of a city of the sixth class.) The ordinances 
 should be well indexed and cross indexed. 
 
 HOW TO KEEP THE RECORD BOOK. 
 
 The following will give an idea of how the record book should 
 be kept: 
 
 Regular Meeting June 1, 1916. 
 
 A regular meeting of the board of trustees of the Town of 
 Crockett, was held on the above given date. The meeting was 
 called to order at the hour of 8.10 P. M., President Smith in tli<> 
 chair. 
 
 Trustees Smith, Jones, Brown and Thompson answered the roll 
 call; absent Trustee Doe. 
 
 The minutes of the previous regular meeting of May 20, 1916. 
 were read and approved. 
 
 A written communication was received from the Booster Im- 
 provement Club asking for the installation of two more lights 
 in the Booster Tract. The communication was referred to the 
 Commissioner of Light and Water. 
 
 Under the head of oral communications, Mr. Richard Roe 
 addressed the board and asked that some measures be taken to 
 enforce the construction of cement sidewalks on the north side 
 of First Street between A and B Streets. The communication
 
 ORGANIZING A MUNICIPAL CORPORATION 47 
 
 was referred to the Commissioner of Streets, Sidewalks and 
 Parks. 
 
 Trustee Jones, for the special committee on fire department 
 organization reported that the work of organizing was going on 
 favorably and that the committee hoped to have the organiza- 
 tion completed in about ten days. 
 
 Trustee Brown, for the special committee on furniture and 
 supplies for the town hall, reported that all the goods had been 
 delivered in accordance with the contract and were satisfactory 
 in every particular. He therefore asked that the committee be 
 discharged, as the work for which it had been appointed was 
 completed. On motion of Trustee Thompson, seconded by 
 Trustee Jones, the committee was discharged. 
 
 Under the head of Report of Commissioners, a written report 
 was received from Trustee Doe, Commissioner of Light and 
 Water, to the effect that he had interviewed the superintendent 
 of the water company, who agreed to install a hydrant on First 
 Street between A and B Streets as requested by the board. The 
 other commissioners had no report to submit. 
 
 Under the head of New Business, President Smith called the 
 board's attention to the need of paving Main Street. After con- 
 siderable discussion the matter was referred to the Commissioner 
 of Streets, Sidewalks and Parks, with the request that he discuss 
 the matter with the property owners and report at the next 
 meeting. 
 
 The new ordinance providing for the assessment, levy and col- 
 lection of taxes was then read for the third and last time and placed 
 on final passage, whereupon said ordinance numbered Ordinance 
 No. 4, entitled "An ordinance providing for the assessment, 
 levy and collection of taxes" was passed by the following vote, 
 to wit: 
 
 Ayes, Trustees Jones, Brown, Thompson and President Smith. 
 
 Noes, none. 
 
 Absent, Trustee Doe. 
 
 The following bills were then ordered paid and a warrant drawn 
 on the treasury for the respective amounts: 
 
 Pleasant Valley Water Company $40.00 
 
 The Gutta Percha & Rubber Mfg. Co 50.00 
 
 Total $90.00 
 
 There being no further business, on motion of Trustee Jones, 
 seconded by Trustee Brown, the meeting adjourned. 
 
 Respectfully submitted, 
 SARAH WILKINS, 
 
 Clerk. 
 
 Approved, June 15, 1916. 
 JOHN SMITH, 
 
 President, Board of Trustees.
 
 HOW TO ANNEX NEW TERRITORY. 
 
 Three different laws are provided for annexing new territory to 
 municipalities. The one known as Act 2374 was enacted in 1889. 
 (See Stats. 1889, page 358.) It was amended in 1905 (p. 551) and 
 again in 1911 (pp. 857 and 1459). A synopsis of the procedure 
 laid down in this act is as follows: 
 
 A written petition containing a description of the territory 
 proposed to be annexed, and signed by not less than one-fifth of 
 the qualified voters of the city or town, must be presented to the 
 board of trustees. 
 
 The board of trustees then call a special election submitting 
 the proposition to the electors within the municipality and also 
 to the electors residing in the territory proposed to be annexed, 
 after notice by publication. The trustees appoint the election 
 officers for the occasion, those for the outside territory being 
 electors thereof. 
 
 If a majority vote is cast in the town and also in the outside 
 territory, in favor of the annexation, the board of trustees causes 
 a certified copy of a record of the vote to be sent to the secretary 
 of state, from and after the date of filing which, the annexation 
 is complete. 
 
 NOTE. Approved forms (complete) used in annexation proceedings 
 under this act, including the petition, order calling election, and other 
 proceedings, together with full instructions for using the same, will be 
 mailed to any municipality belonging to the League free of charge. A 
 charge of $25.00 per set will be made to towns not members of the League. 
 
 In 1913 the legislature passed another act for annexing new 
 territory to municipalities which differs from the act of 1889 in 
 the fact that it provides for an election to be held first in the 
 outside territory and the question decided there before an election 
 is held in~the municipality. This act avoids the necessity of their 
 holding a special election unless the proposition is first decided 
 favorably in the territory proposed to be annexed. In other 
 respects this act is similar to the act of 1889. It is known as 
 Act 2374A, see Stats. 1913, page 587, and was amended in 1915, 
 p. 305. 
 
 NOTE. Approved forms (complete) used in annexation proceedings 
 under this act, including the petition, order calling election, and other 
 proceedings, together with full instructions for using the same, will be 
 mailed to any municipality belonging to the League, free of charge. A 
 charge of $25.00 per set will be made to towns not members of the League. 
 
 The other act referred to provides for the annexation of uninhab- 
 ited territory. It is known as the act of 1899 and will be found in 
 the statutes of that year on page 37. The procedure, which is 
 very different from that of the two other acts, is as follows:
 
 How TO ANNEX NEW TERRITORY 49 
 
 A petition, containing a description of the territory proposed 
 to be annexed, and signed by not less than one-tenth of the 
 electors of the municipality is filed with the city council which 
 body must thereupon notify the board of supervisors of the county. 
 The supervisors then publish a notice of the proposed annexation 
 and announcing a time and place for hearing objections. 
 
 Any owner of land may file written objections and if the owners 
 of one-half the territory or owners of any single tract of five acres 
 in extent file such objections the matter is dismissed and cannot 
 be taken up again for one year. If no protests are filed or those 
 filed are overruled, the legislative body of the municipality is 
 authorized to call an election to determine the question. If the 
 election results favorably, a certified copy of the result is trans- 
 mitted to the secretary of state from and after which the annexa- 
 tion is complete. 
 
 NOTE. Approved forms (complete) used in annexation proceedings 
 under this act, including the petition and other documents required, 
 together with full instructions for using them, will be mailed to any 
 municipality belonging to the League. A charge of $25.00 per set will be 
 made to towns not members of the League. 
 
 HOW TO EXCLUDE TERRITORY. 
 
 There are two laws providing procedure for excluding territory 
 from municipalities, one for excluding inhabited territory and 
 the other for excluding uninhabited territory. The first is known 
 as Act 2375 and was enacted in 1889. (See Stats. 1889, p. 433; 
 it was amended in 1905, p. 715.) A synopsis of the procedure is 
 as follows: 
 
 A written petition signed by not less than a majority of the 
 qualified electors of the city or town must be presented to the 
 board of trustees, whereupon said board must submit the question 
 at a special election to be. held for that purpose after four weeks' 
 notice by publication in a newspaper. The votes cast in the 
 territory proposed to be excluded must be canvassed separately, 
 and the proposition must secure a majority vote there and in 
 the other portion of the city, in which case an abstract of the 
 vote must be transmitted to the secretary of state, from and after 
 the filing of which the exclusion is complete. For adjusting the 
 debt of excluded territory, see 1822C-1822F Code of Civil Proced- 
 ure. 
 
 The law which provides a procedure for the exclusion of unin- 
 habited territory is known as Act 2379A and was enacted in 1913. 
 (See Stats. 1913, p. 703.) A synopsis of the procedure provided 
 in this act is as follows: 
 
 A written petition signed by not less than one-tenth of the 
 qualified electors of the city or town must be presented to the
 
 50 How TO ANNEX NEW TERRITORY 
 
 board of trustees, whereupon said board must notify the board 
 of supervisors of the county. Upon receipt of such notification 
 the board of supervisors must publish a notice setting forth a 
 description of the land proposed to be excluded and the time and 
 place for hearing objections. Any owner of any of the land 
 sought to be excluded may file a written remonstrance. At the 
 time set for the hearing, the board of supervisors shall hear the 
 objections, and unless objections are filed by the owners . of 
 one-half said land, the decision of the board of supervisors shall 
 be final and conclusive. If the owners of more than one-half the 
 land sought to be excluded file objections, such objections shall 
 be sustained and be a bar to further proceedings for one year. 
 
 In the event that no objections are filed or that those filed are 
 overruled by the supervisors, then the board of trustees of the 
 city or town shall submit the question to the qualified electors 
 of such city or town at a special election held for that purpose 
 after two weeks' publication of the notice thereof. If a majority 
 vote in favor of exclusion the city clerk shall transmit to the 
 secretary of state a copy of the report so entered upon his 
 minutes, from and after the filing of which the exclusion is com- 
 plete. Under this act the municipality may thereafter continue 
 to levy a tax in the excluded territory for any debts previously 
 contracted. 
 
 NOTE. Approved forms (complete) used in exclusion proceedings under 
 these two acts, including the petition and other papers, together with full 
 instructions for using the same, will be mailed to any municipality belong- 
 ing to the League tree of charge. A charge of $25.00 per set will be made 
 to towns not members of the League.
 
 MUNICIPAL AND FINANCE ACCOUNTS. 
 By WILLIAM DOLGE, C. P. A. 
 
 PURPOSE. To concentrate into a few clear and concise state- 
 ments a complete expression of the operations and the conditions 
 of an undertaking, that is the purpose of an efficient accounting 
 procedure. A municipal government administered without the 
 information that can be derived only from correct accounts, is 
 an administration led or misled by fear or favor, by guess-work, 
 by prejudice and by superstition. Honest accounting is not 
 necessarily correct accounting, nor scientific accounting. Every 
 dollar disbursed by the Treasurer may be honestly accounted, 
 yet so recorded as to lead to wrong conclusions. A good account- 
 ing system need not be complicated. The test of a good account- 
 ing system is the simplicity of its operation. 
 
 Municipal accounting is a special branch of accounting, just 
 as municipal law is a special branch of the law. Competent 
 counsel in accounting matters will save the Trustees, and all 
 officials, and especially the Clerk or Auditor much time and 
 trouble. 
 
 STATUTORY AND CHARTER PROVISIONS. The statutory pro- 
 visions applying to cities of the sixth class, General Laws. Act 
 2348, Sections 850 to 886, are easily understood, and the principles 
 are applicable alike to cities large and small, to cities incorporated 
 under the general laws or under freeholder charter. The im- 
 portant sections are: 
 
 SECTION 864 DEMANDS. All demands shall be presented to 
 and audited by the Board of Trustees, in accordance with such 
 regulations as they may by ordinance prescribe. Upon allowance 
 a warrant shall be drawn on the Treasurer, signed by the President 
 and countersigned by the Clerk. The warrant shall specify for 
 what purpose it is drawn, and out of what fund it is payable. 
 The affidavit is not necessary. 
 
 NOTE A model form of Demand and Warrant may be obtained by writi UK to 
 League Headquarters, Pacific Building, San Francisco. 
 
 FINANCIAL AND ACCOUNTING PROCEDURE. The financial prob- 
 lem of the officials of a city is to expend wisely the moneys 
 received from taxes, licenses and other sources. The revenues 
 (estimated receipts) for any given fiscal year may be determined 
 with a remarkable degree of accuracy many months in advance 
 of their expenditure. The bulk of the revenues are derived from 
 taxes and licenses, hence the program of expenditures should be
 
 52 ACCOUNTING SYSTEM 
 
 carefully made up in the greatest possible detail, keeping well 
 within the estimated revenues, and allowing an ample margin 
 for unforeseen contingencies in order to prevent a deficit, a viola- 
 tion of the provisions of Article 11, Section 18 of the Constitution. 
 This is best accomplished by preparing a budget, which may or 
 may not be incorporated in the accounts. 
 
 BUDGET. A budget is a financial statement of the estimated 
 revenues and estimated expenditures of a city for a fiscal year. 
 The budget accounts should follow the classification laid down 
 by the State Controller and the United States Census Bureau, in 
 order to facilitate the preparation of reports, and to permit 
 comparison with other cities. 
 
 The following is a standard form of budget for a small city. 
 In larger cities the account classification should appear in greater 
 detail :
 
 ACCOUNTING SYSTEM 
 
 53 
 
 TOWN OF HAYWARD. 
 
 Budget for the Fiscal Year Ending March 31, 1917. 
 
 REVENUES. 
 TAXES: 
 
 Real Property $2,170,000 
 
 Unsecured Personal 95,000 
 
 TOTAL TOWN $2,265,000 @ $1.10 $24,915.00 
 
 Operative Property. 188,000 @ .16 300.80 
 
 TOTAL ASSESSED 
 
 VALUATION $2,453,000 
 
 LICENSES : 
 
 Liquor, 18 @ $200.00 $3,600.00 
 
 Business 2,800.00 
 
 Dog 100.00 
 
 FINES: Recorder 50.00 
 
 FRANCHISES: S. F. Oakland Terminal Ry. 300.00 
 
 MISCELLANEOUS RECEIPTS: 
 
 Hayward High School Sewer Rental ... $ 25.00 
 
 Hayward Land Company " ... 25.00 
 
 Interest on City Moneys in Bank 300.00 
 
 350.00 
 
 UNCOLLECTED REVENUE, 1915-1916: 
 
 State Refund on Taxes $ 300.20 
 
 Bank Interest for March 20.00 
 
 Delinquent Taxes and Penalties 100.00 
 
 Uncollected Licenses 80.00 
 
 500.20 
 
 TOTAL ESTIMATED REVENUES $32,916.00 
 
 BALANCE CASH IN TREASURY: 
 
 General Fund $7,900.00 
 
 Library Fund 1,500.00 
 
 Bond Interest and Redemption Fund. . . . 3,800.00 
 
 13,200.00 
 
 TOTAL ESTIMATED AMOUNT AVAIL- 
 ABLE, 1916-1917 $46,116.00
 
 54 
 
 ACCOUNTING SYSTEM 
 
 EXPENDITURES. 
 Expenditures for General Government. 
 
 BOARD OF TRUSTEES: $ 820.00 
 
 Printing Ordinances $ 350.00 
 
 Audit of Accounts 200.00 
 
 Dues League of California Municipalities 20.00 
 Contingent 250.00 
 
 CLERK'S OFFICE 850.00 
 
 Clerk's Salary, 12 Mos. @ $50.00 $ 600.00 
 
 Compiling Assessment 150.00 
 
 Stationery and Contingent 100.00 
 
 MARSHAL, TAX AND LICENSE COLLECTOR. . 1,250.00 
 
 Salary, 12 Mos. @ $90.00 $1,080.00 
 
 Stationery and Contingent 170.00 
 
 TREASURER 300.00 
 
 Salary, 12 Mos. @ $20.00 $ 240.00 
 
 Rent of Safe Deposit, etc 60.00 
 
 RECORDER 80.00 
 
 Salary, 12 Mos. @ $5.00 $ 60.00 
 
 Contingent 20.00 
 
 ATTORNEY 710.00 
 
 Salary, 12 Mos. @ $50.00 $ 600.00 
 
 Contingent 110.00 
 
 ENGINEER 500.00 
 
 Fees $ 400.00 
 
 Contingent 100.00 
 
 ELECTIONS 250.00 
 
 BUILDINGS 300.00 
 
 Rent of Town Hall $ 120.00 
 
 Janitor Service 120.00 
 
 Light, Heat and Water 60.00 
 
 MISCELLANEOUS 740.00 
 
 Compensation Insurance $ 240.00 
 
 Premium on Official's Bonds 100.00 
 
 Contingent 200.00 
 
 Convention Expenses of Delegates 200.00 
 
 TOTAL GENERAL GOVERNMENT, For- 
 ward to Summary $5,800.00
 
 ACCOUNTING SYSTEM 
 
 55 
 
 Expenditures for Protection to Person and Property. 
 
 POLICE DEPARTMENT $ 1,100.00 
 
 Salary Nigh twatchman $ 900.00 
 
 Deputies' Fees 200.00 
 
 FIRE DEPARTMENT 4,500.00 
 
 Salary Fire Marshal $ 240.00 
 
 Salary Driver and Relief 1,030.00 
 
 Gasoline and Oil 100.00 
 
 Maintenance and Repairs 250.00 
 
 Hydrant Rental @ $200.00 month 2,400.00 
 
 Fire House Maintenance 120.00 
 
 25 Volunteer Firemen 250.00 
 
 Contingent 110.00 
 
 CHEMICAL HOSE AND MOTOR TRUCK 2,650.00 
 
 POUND Poundman's Fees 150.00 
 
 TOTAL PROTECTION PERSON AND 
 PROPERTY, Forward to Sum- 
 mary $ 8,400.00 
 
 Health Conservation and Sanitation. 
 
 HEALTH DEPARTMENT $ 400.00 
 
 Salary Health Officer $300.00 
 
 Contingent 100.00 
 
 SEWER CLEANING AND REPAIRS, Labor and 
 Supplies 
 
 REFUSE COLLECTION 2,000.00 
 
 Street Cleaning $1,400.00 
 
 Extra Labor and Supplies 600.00 
 
 TOTAL HEALTH CONSERVATION AND SANI- 
 TATION, Forward to Summary. $ 2,900.00 
 
 Highways. 
 
 STREETS AND SIDEWALKS $ 8,300.00 
 
 Maintenance and Repairs $4,500.00 
 
 Sprinkling Labor 800.00 
 
 Sprinkling Water 700.00 
 
 Contingent 300.00 
 
 Street Lighting 2,000.00 
 
 TOTAL HIGHWAYS, Forward to 
 
 Summary $ 8,300.00
 
 ACCOUNTING SYSTEM 
 
 Charities, Corrections and Recreation. 
 
 CHARITIES Ca*re of Poor $ 100.00 
 
 CORRECTIONS: 
 Care of Jail, Prisoners, Lighting, etc .... 100.00 
 
 RECREATION: 
 
 Salary of Gardener @ $50.00 $ 600.00 
 
 Water Supplies, Tools, etc 300.00 
 
 TOTAL CHARITIES, CORRECTIONS 
 AND RECREATION, Forward to 
 Summary $ 1,100.00 
 
 Miscellaneous. 
 
 PROMOTION $ 500.00 
 
 EXPENDITURES, 1915-1916 500.00 
 
 March, 1916, bills not paid $ 300.00 
 
 Attorney's Fees, 1916 Bond Issue 200.00 
 
 TOTAL MISCELLANEOUS, Forward 
 
 to Summary $ 1,000.00 
 
 Library Fund. 
 
 EDUCATION LIBRARY $ 2,400.00 
 
 Salary Librarian $ 720.00 
 
 Salary Assistant Librarian 240.00 
 
 Salary Janitor 120.00 
 
 Salary Gardener 60.00 
 
 Light, Heat and Water 112.00 
 
 New Books 350.00 
 
 New Equipment 750.00 
 
 Contingent 48.00 
 
 TOTAL EDUCATION, Forward to 
 
 Summary I 2,400.00 
 
 Bond Interest and Redemption Fund. 
 
 BOND INTEREST $ 2,960.00 
 
 Issue of 1893 $ 960.00 
 
 Issue of 1908 1,350.00 
 
 Issue of 1913 650.00 
 
 BOND REDEMPTION 3,000.00 
 
 Issue of 1893 1,000.00 
 
 Issue of 1908 1,000.00 
 
 Issue of 1913 1,000.00 
 
 TOTAL BOND INTEREST AND RE- 
 DEMPTION, Forward to Sum- 
 mary $ 5,960.00
 
 ACCOUNTING SYSTEM 57 
 
 Summary of Expenditures. 
 
 GENERAL FUND $27,500.00 
 
 General Government $5,800.00 
 
 Protection of Personal Property 8,400.00 
 
 Health Conservation and Sanitation 2,900.00 
 
 Highways 8,300.00 
 
 Charities, Correction and Recreation 1,100.00 
 
 Miscellaneous 1,000.00 
 
 LIBRARY FUND 2,400.00 
 
 LIBRARY FUND Education Library 2,400.00 
 
 BOND INTEREST AND REDEMPTION FUNDS.. 5,960.00 
 
 TOTAL ESTIMATED EXPENDITURES, 
 
 1916-1917 $35,860.00 
 
 Final Budget Summary. 
 
 Total Estimated Revenues $32,916.00 
 
 Add Cash in Treasury, April 1, 1916 13,200.00 
 
 Total Estimated Amount Available for 1916-1917 $46,116.00 
 Deduct Total Estimated Expenditures 35,860.00 
 
 Total Estimated Balance; March 31, 1917 $10,256.00 
 
 This large balance or surplus of $10,256.00 is required in Hay- 
 ward because the fiscal year ends March 31st and taxes are not 
 collected until October and November. Sufficient money must 
 be on hand, which together with the receipts from licenses will 
 take care of current demands from April to November, or until 
 the tax money is available. 
 
 FUNDS. The creation of special funds for salaries, streets, 
 sewers, lighting, fire, health, hospitals, etc., is a clumsy expe- 
 dient to classify disbursements and should be discouraged. Only 
 those funds should be established which are mandatory by law, 
 i. e., Library, Bond Interest and Redemption and such funds as 
 may be specially prescribed by the local freeholder charter. 
 The multiplication of funds handicaps the administration of the 
 finances by the board of trustees, sometimes seriously delaying 
 urgently necessary public work, increases the clerical work of 
 the treasurer and of the clerk or auditor, clouds the statement 
 of expenditures, and serves no purpose which cannot be much 
 better served by a simple procedure incorporating the budget 
 in the accounts.
 
 58 ACCOUNTING SYSTEM 
 
 BOOKS, FORMS AND REPORTS. The accounting of a municipality 
 is primarily an accounting of cash receipts and disbursements. 
 The number of books, forms and reports required depends upon 
 the volume and nature of the financial transactions. The records 
 are public records, hence should be of best quality. Paper and 
 binding should correspond to the importance and use of the 
 record. 
 
 RECEIPTS. One general form should be used for all receipts, 
 except for payment of taxes and license fees, so that the public 
 may become accustomed to receiving the same kind of a receipt, 
 no matter what the nature of the payment, or to what official 
 paid. The receipt form should be in quadruplicate: 
 
 (a) Original to party making payment. 
 
 (b) Duplicate to Clerk or Auditor. 
 
 (c) Triplicate (tissue) to be retained by official issuing receipt. 
 
 (d) Quadruplicate to Treasurer. 
 
 All receipts should be numbered by printer, should allow ample 
 space for description of the nature of the amount collected, from 
 whom received, by whom received, date of receipt, and fund 
 affected. Receipt books should be issued by the clerk or auditor 
 to the officials making collections. Spoiled receipts should be 
 cancelled and the spoiled original, duplicate and quadruplicate 
 filed with clerk.
 
 THE FOLLOWING PROPERTY IS ASSESSED TO 
 
 EVERY CITY-TAX BILL 1916 
 
 1. COLLECTEM-CITY TAX COLLECTOR 
 
 First Installment Due Oct. 13. 1916, 
 Delinquent Nov. 24, 1916 
 
 Second Installment Due Jan. 5, 
 1917, Delinquent April 27, 1917. 
 
 Received Amount Indicated Below for 2nd Installment 
 
 BRING THIS BILL WHEN PAYING 
 SECOND INSTALLMENT 
 
 ASSESSED VALUE Of PROPERIY 
 
 TOTAL TAX ,..firS,T ,,*"! 
 
 REAL ESTATE $ ( 
 IMPROVEMENTS $ ( 
 
 
 
 PERSONAL $ 
 
 
 + + + + + 
 
 15% added to 1st Installment Nov. 24, 1916 
 5% added to 1st Installment Apr. 27, 1917 
 5% added to 2nd Installment Apr. 27, 191 7 
 Advertising Costs Added June 15, 1917 
 
 
 + + + + + 
 
 
 + + + + + 
 
 
 + + + + + 
 
 
 + + + '+ + 
 
 
 + + + + + 
 
 
 
 TAX RATE 
 GENERAL FUND $1.00 
 
 Received Above Amount for first Installment 
 
 BOND FUND .12 
 
 LIBRARY FUND .08 
 
 TOTAL TAX $1.20
 
 60 ACCOUNTING SYSTEM 
 
 FORM 3. 
 
 TAX BILL. There are 57 counties and over 200 cities in Cali- 
 fornia, using at least 100 different forms of tax bills, ranging in 
 size from 5 inches by 8 inches to a blanket 24 inches by 38 inches. 
 A form complying with all legal requirements, labor-saving, 
 condensed, easily understood by the tax-payer, shown in Form 3, 
 is recommended for adoption. This tax bill form is patented, 
 but permission to use it without payment of royalty may be 
 secured from the patentee. 
 
 APPROPRIATION STATEMENT. Where the budget is incorporated 
 in the accounts, and this is always recommended, the trial bal- 
 ance of the appropriation ledger will serve as the Appropriation 
 Statement, which is the Report of Appropriations, Expenditures, 
 and Balances and Overdrafts. Each account is listed by account 
 number, page, name, amount of budget appropriation, amount 
 expended, balance or overdraft. This statement is prepared 
 monthly for submission to the Board of Trustees. 
 
 As a guide to the proper administration of the finances of a city,' 
 and as a record to facilitate the preparation of reports to the Board 
 of Trustees, the public, the State Controller and the U. S. Census 
 Bureau, the value of the appropriation ledger and its monthly 
 trial balance (statement) cannot be overestimated. 
 
 OTHER REPORTS. Where there are municipally owned water 
 works, electric light plants, docks, etc., competent accounting 
 advice should be sought for the installation of a simple and scien- 
 tific system. The accounts should be classified in accord with 
 the classifications adopted by the Railroad Commission of Cali- 
 fornia for privately owned public utilities. 
 
 BOOKS. These are considered under the captions affecting the 
 several officers. 
 
 TREASURER. Section 876, Act 2348, General Laws. The Treas- 
 urer is the custodian of the municipal funds. He must give dupli- 
 cate receipts, one to the depositor, one to be filed with the Clerk. 
 (See Receipts.) Although the act permits quarterly settlements, 
 most city treasurers make monthly settlements, i. e., reconcile 
 and agree their accounts with those of the Clerk or Auditor. 
 The Treasurer should be paid a salary. Compensation on the 
 fee basis is unsatisfactory and leads to unnecessary complica- 
 tions. All moneys received by city officials should be deposited 
 with the Treasurer daily. .(Sec. 16, Art. 11. Constitution.) 
 
 TREASURER'S BOOKS. These may be confined to a register of 
 receipts and a register of warrants paid, each with as many 
 columns as there are funds. These are the Treasurer's cash 
 books, and the balance should agree with the cash on hand and 
 in bank. Where there are many funds it will be found more con- 
 venient to keep a ledger account with each fund, and to post
 
 ACCOUNTING SYSTEM 61 
 
 receipts and disbursements from the respective registers to the 
 ledger accounts. 
 
 TREASURER'S DEPOSITS. The city moneys may be deposited 
 in banks which must pay at least 2% interest on the daily balance 
 and furnish state, county, city or district bonds as security to 
 an amount 10% in excess of the deposit. Many treasurers, 
 instead of paying warrants in cash, enter the warrant on the 
 register of disbursements and stamp across the face of the warrant 
 "Accepted, (date) Payable at First National Bank, John Doe, 
 Treasurer." This method reduces the Treasurer's clerical work 
 to a minimum. At the end of the month the paid warrants are 
 returned by the bank like ordinary commercial checks. Treas- 
 urers and other city officers must not "use public moneys for any 
 purpose not authorized by law." Violation is a felony. (Con- 
 stitution, Sec. 17, Art. 11.) 
 
 TREASURER BOND INTEREST AND REDEMPTIONS. For the 
 proper filing of bond interest coupons and redeemed bonds an 
 ^invoice book or scrap book should be secured in which a page is 
 "allotted to each bond, and the opposite page to the coupons of 
 that bond. Redeemed coupons and bonds should be cancelled 
 by perforation, and pasted in the scrap book. 
 
 ASSESSOR. Section 877, Act 2348, General Laws. It is the 
 duty of the Assessor to make out a true list of all taxable property 
 within the city, between the first Monday in March and the 
 first day of August of each year. Unless otherwise 
 prescribed by ordinance, the assessment roll shall be 
 made up in conformity to the laws governing the procedure for 
 County Assessors. The list (or roll) shall describe the property 
 assessed, the value thereof and shall contain all other matters 
 required to be stated in such lists by County Assessors. It must 
 be deposited with the Clerk on or before August 1st of each year. 
 Most assessment rolls for cities contain a great deal of unneces- 
 sary information and are large and cumbersome and expensive 
 books. The use of the addressing machine for assessment rolls 
 and the tax bills as explained under the caption "Efficiency in 
 Assessments Rolls and Tax Collection" is recommended to the 
 Assessor-Clerk who desires accurate rolls prepared at a minimum 
 expense of time and labor. 
 
 CLERK Sec. 878, Act 2348, General Laws. The chief account- 
 ing officer of a city is the Clerk or Auditor. The Clerk's duties 
 as Clerk of the Board of Trustees are covered elsewhere in this 
 handbook. The following will be found to comply with the 
 spirit and the letter of the law for cities of the sixth class and 
 readily applicable to charter cities. 
 
 CLERK'S BOOKS RECEIPT REGISTER. From the foundation of 
 the receipt form described in a previous paragraph, the clerk will
 
 62 ACCOUNTING SYSTEM 
 
 enter in the receipt register in chronological order, as received, 
 all duplicate receipts filed with him. Receipts will be entered 
 by date, number, name of official depositing, nature of deposit, 
 amount of deposit and fund affected. It will be found a conven- 
 ience to have special columns for these funds to which frequent 
 deposits are made, such as the general fund, and the water or 
 electric light fund, where there are municipally owned utilities. 
 Entries will be made during the month in the general ledger to 
 the credit of the various receipts account affected, and at the 
 end of the month the total of the fund columns will be posted to 
 the debit of the fund accounts in the general ledger, thus com- 
 pleting the double entry, i. e., 
 Dr. Fund Accounts. Cr. Receipt Accounts. 
 
 Where the double entry system is not maintained the receipts 
 should be entered directly to the receipt pages in the distribu- 
 tion record. 
 
 CLERK'S BOOKS DEMAND AND WARRANT REGISTER. In this book 
 shall be entered in chronological order all demands as filed, 
 whether subsequently reduced or rejected, or allowed in full. 
 Claims or demands shall be entered by date of receipt, number 
 of demand, name of claimant, amount of claim, amount of 
 reduction, if any, date allowed, amount of warrant. Warrant 
 number will always be the same as demand number. On the 
 right hand side of the Demand and Warrant Register a column 
 shall be provided for each of the funds out of which warrants are 
 payable. 
 
 Where the books are kept on a self-balancing or double entry 
 basis the following entries will be made in the ledger or "Town 
 Accounts" book at the end of the month: 
 Dr. Appropriations. Cr. Demands Payable. 
 
 For amount of all demands filed, i. e., footing of the demand 
 column: 
 Dr. Demands Payable. Cr. Appropriations. 
 
 For the amount of reductions or rejections, i. e., footing of the 
 amount reduced column. 
 Dr. Demands Payable. Cr. Funds. 
 
 For the amount of the warrant drawn, i. e., footings of the sev- 
 eral fund columns: 
 
 Posts to the individual accounts in the expenditure or distri- 
 bution ledger will be made from the face of the demands directly. 
 Where the volume of business makes it desirable, separate regis- 
 ters may be maintained for the demands filed and the warrants 
 drawn. The posting entries will be the same. 
 
 CLERK'S BOOKS APPROPRIATION OR EXPENDITURE LEDGER. 
 This is the record (ledger) containing all the appropriation or 
 expenditure accounts. Accounts arc opened with credits in con-
 
 ACCOUNTING SYSTEM 63 
 
 formity to the budget as entered in the journal. Expenditures 
 are charged to the several accounts directly from the face of 
 the demands, noting date, demand number, fullest explanation 
 possible and amount. From this ledger the Appropriation State- 
 ment is prepared. Where the accounts are not kept on a double- 
 entry basis no credits will appear in the ledger, but charges 
 should be made to the expenditure accounts direct from the 
 face of the demand. 
 
 CLERK'S BOOKS JOURNAL. This is the standard form of three- 
 column or four-column journal, used for opening budget entries, 
 for correcting entries, for entries transferring amounts from one 
 fund to another, for entries accounting the amoun lof the assess- 
 ment roll turned over to the tax-collector and subsequent addi- 
 tions on account of penalties and costs, for amount of licenses 
 turned over to license collector, and subsequent corrections, 
 additions and cancellations, and for such other entries as do not 
 come to the general ledger or town accounts book from the other 
 books of original entry, the receipt register and the demand and 
 warrant register. . Where the double-entry system is not used 
 the journal is not necessary. 
 
 CLERK'S BOOKS GENERAL LEDGER OR TOWN ACCOUNTS BOOK. 
 This is the standard form of ledger, which contains accounts with 
 the Treasurer, the several funds with the receipts, from taxes- 
 account with the tax-collector, from licenses-account with the 
 license collector, with appropriations and with the budget, 
 showing the amount of estimated revenues and expenditures and 
 the actual expenditures, and finally the clearance and surplus 
 accounts. From this ledger, i. e., from the trial balance, the 
 Clerk's report of receipts, revenues and expenditures is prepared. 
 
 Where the double-entry system is not used the accounts should 
 be maintained on the ledger with the Treasurer, the tax-collector, 
 and the license collector. The Treasurer should be charged with 
 the money deposited with him and credited with the amount of 
 the warrants drawn against him and with the bond interest 
 coupons and bonds redeemed by him. The tax-collector should 
 l>e charged with the total amount of the assessment roll, and 
 additions for penalties and costs, and credited with the amount 
 of money deposited with the Treasurer. The license collector 
 should be charged with the amount of the licenses issued to him 
 and credited with the money deposited by him with the Treasurer 
 on account of licenses, and for licenses cancelled. The double- 
 entry or self-balancing system is so much easier of operation and 
 proof than any other method, that its adoption is earnestly 
 recommended. 
 
 CLERK'S BOOKS LICENSE REGISTER. Although the act pre- 
 scribes that the license register shall be kept by the Clerk, the 
 license collector is the usual custodian of this record. Where a
 
 64 ACCOUNTING SYSTEM 
 
 proper form of license certificate is vised it is immaterial which 
 officer keeps the record and issues the licenses. The register 
 should contain columns for date, name of licensee, nature of 
 license, license number, amount of license and date of expira- 
 tion. This information is taken from the stub of the license 
 certificate, which should be so arranged that the removal of the 
 certificate will indicate the amount of the license issued. 
 
 MARSHAL TAX COLLECTOR AND LICENSE COLLECTOR. Although 
 the Treasurer may serve as tax and license collector this duty 
 is usually performed by the Marshal or by an officer specially 
 appointed for that purpose. 
 
 TAX COLLECTOR'S BOOKS. The Tax Collector receives the 
 assessment roll from the Clerk, and receipts for the amount of 
 the roll. He should satisfy himself that the roll has been properly 
 computed, which he may do in the process of making out the tax 
 bills. The Tax Collector needs only a cash book provided with 
 columns for amount paid on first installment, amount of penalties 
 on first installment, amount paid on second installment, penalties 
 on second installment, costs and total. 
 
 The stubs of the tax bills collected during the day should be 
 filed on a spindle, and entry be made in the Tax Collector's cash 
 book, carefully differentiating between the two installments. 
 The day's receipts must equal the total of the day's tax bill stubs. 
 The Tax Collector should apportion his receipts between the 
 several funds and make his deposit with the Treasurer daily. 
 This so that the town may earn a maximum amount of interest 
 on its bank deposit, and in the interest of the Tax Collector that 
 his accounts may be in balance at all times. The Tax Collector's 
 account with the town may be kept by him on pages of the cash- 
 book, set aside for that purpose, before tax collections are entered 
 for the current year. He will credit the town with the total 
 amount of the tax-roll received from the Clerk, and with penalties 
 on installments, and costs for advertising delinquent taxes, he 
 will charge the town with the amounts deposited with the Treas- 
 urer, and when the delinquent tax-roll is returned to the Clerk, 
 with the amount of the delinquent roll, at which time his account 
 with the town should be in balance, except for odd cents collected 
 over and short. 
 
 RECORDER. The Recorder's books are confined to his docket. 
 On this he should note carefully the disposition of each case, 
 and the amount of bail imposed, bail ordered returned, bail for- 
 feited, fine imposed, etc. It is recommended that all moneys 
 collected by the Recorder be deposited with the Treasurer, and 
 that the Trustees prescribe by ordinance the manner in which 
 bail moneys may be returned to owners. This may be done by 
 means of an order on the Treasurer, signed by the Recorder and
 
 ACCOUNTING SYSTEM 65 
 
 countersigned by the Clerk. As bail moneys are trust funds, 
 not city funds, this procedure is legal. The city gains the inter- 
 est on the bail money whilst it is on deposit. 
 
 COLLECTION AND DEPOSIT OF MONEYS. -Section 16 of Article 11 
 of the Constitution provides: "All moneys, assessments, and 
 taxes belonging to or collected for the use of any county, city, 
 town, or other public or municipal corporation, coming into the 
 hands of any officer thereof, shall immediately be deposited with 
 the Treasurer, or other legal depositary, to the credit of such 
 city, town or other corporation, respectively, for the benefit 
 of the funds to which they respectively belong." The word 
 immediately means that deposits shall be made daily, not weekly, 
 monthly or even quarterly as is the custom in some cities. 
 
 AUDITS AND EXAMINATIONS. In the interests of safety and 
 good government it is advisable that an audit or examination 
 of the accounts of the city officials be made annually by a com- 
 petent auditor, preferably one who has had experience in municipal 
 auditing and accounting. While municipal accounting is simple 
 enough, only those auditors can make a proper audit who are 
 familiar with the laws governing municipalities. At the first 
 examination reputable accountants usually charge for this service 
 on a per diem basis, which ranges from $10.00 a day up. There 
 are a number of qualified men who make a specialty of municipal 
 accounting and who are always ready to give satisfactory refer- 
 ences with respect to the quality of their work and their finan- 
 cial responsibility. 
 
 STATIONERY AND SUPPLIES. It is false economy to secure cheap 
 stationery. It is waste to order books with many more pages than 
 are necessary. Stationery and supplies should be secured from 
 stationers who make a specialty of this work, who are familiar 
 with the legal requirements. 
 
 REPORT TO STATE CONTROLLER. The State Controller requires 
 annually a report upon a form provided by him from the City 
 Clerk or Auditor detailing the receipts and payments for the cost 
 of government of every city of the state. This report may be 
 made out directly from the accounts as they appear on the 
 expenditure distribution, or appropriation ledger. In his annual 
 report the State Controller publishes the information thus re- 
 ceived from the cities of the state.
 
 BASIC LAW FOR THE GOVERNMENT OF 
 FIFTH CLASS CITIES. 
 
 (See Deering's General Laws) 
 Act 2348 
 
 Note. For citations interpreting the different sections, see corresponding section 
 applying to cities of the sixth class. 
 
 ARTICLE I. 
 
 GENERAL POWERS. 
 
 Fifth Class. 
 SEC. 750. Every municipal corporation of the fifth class shall 
 
 be entitled the City of (naming it), and by such 
 
 name shall have perpetually succession, may sue and be sued in 
 all courts and places, and in all proceedings whatever; shall have 
 and use a common seal, alterable at the pteasure of the city 
 authorities, and may purchase, lease, receive, hold, and enjoy 
 real and personal property, and control and dispose of the same 
 for the common benefit. 
 
 ARTICLE II. 
 
 GENERAL PROVISIONS RELATING TO OFFICERS. 
 
 Officers. 
 
 751. The government of said city shall be vested in a board 
 of trustees, to consist of five members; a board of education, to 
 consist of five members; and whenever a free public library and 
 reading room is established therein, five trustees thereof; a 
 recorder; a treasurer; a clerk; an attorney; a marshal; an 
 assessor, and such other subordinate officers as are hereinafter 
 provided for; provided, that the board of trustees may, in its 
 discretion, by an ordinance adopted, published and rec6rded as 
 required for general ordinances, at least thirty days before a 
 general city election, at which city officers are to be elected, unite 
 and consolidate certain offices, by declaring: 
 
 1. The city marshal elected shall be ex-officio superintendent 
 of streets, and health officer. 
 
 2. The city clerk elected shall be ex-officio recorder and 
 assessor; 
 
 3. The city treasurer elected shall be ex-officio tax collector 
 and license tax collector; 
 
 4. The city attorney elected shall be ex-officio city clerk. 
 (Amendment approved February 28, 1901, Stats. 1901, p. 70.) 
 
 Election and Terms of Office. 
 
 752. The members .of the board of trustees, and the board 
 of education, and the city clerk, city attorney, assessor, marshal, 
 treasurer, and recorder shall be elected by the qualified electors
 
 FIFTH CLASS CITIES 67 
 
 of said city at a general municipal election, to be held therein 
 on the second Monday in April, nineteen hundred and three, and 
 on the second Monday in April of each fourth year thereafter 
 and shall hold office for the period of four years from and after 
 the Monday next succeeding the day of such election, and until 
 their successors are elected and qualified; provided, that a 
 general municipal election shall be held in said city on the second 
 Monday in April, nineteen hundred and five, for the election of 
 successors to the members of the board of trustees and the board 
 of education whose terms of office expire during said year, and 
 said successors shall hold office for the period of two years from 
 and after the Monday next succeeding the day of such election, 
 and until their successors are elected and qualified. The board 
 of trustees may in their discretion appoint a poundmaster, also 
 a superintendent of streets, and a city engineer, all of whom 
 shall hold office during the pleasure of the board. (Amendment 
 approved February 26, 1903, Stats. 1903, p. 40.) 
 
 This section was also amended in 1889, Stats. 1889, p. 389; 
 in 1891, Stats. 1891, p. 22; and in 1895, Stats. 1895, pp. 25 and 
 159.) 
 
 Election on adoption of Commission Form of Government. 
 
 752a. The board of trustees may at any time submit to the 
 electors at any municipal or at any special election to be held 
 for that purpose, an ordinance to divide the administration of 
 the municipality into five departments and provide for the assign- 
 ment of its several members to the heads of such respective 
 departments and to be appointed as the commissioners of such 
 respective departments; provided, that if a department of public 
 health be created the commissioner in charge may be given the 
 powers and duties of the municipal board of health, and such 
 health board be thereby abolished. Such ordinance shall define 
 the duties, powers and responsibilities of each commissioner 
 and may require such commissioner to devote a specified number 
 of hours of each business day to the performance of such duties, 
 in which event such commissioner may receive a compensation, 
 the amount of same to be fixed by said ordinance. The board 
 may, by majority vote, subject to the provisions of this section, 
 assign its several members to be and appoint them as the respective 
 commissioners of such several departments, and may by like 
 vote from time to time change such assignment and appointment. 
 It may assign employees to one or more departments, may require 
 an officer or employee to perform duties in two or more depart- 
 ments, and may make such other rules and regulations as may be 
 necessary or proper to the efficient and economical conduct of 
 the business of the municipality. The substance of the ordinance 
 so proposed shall be printed on the ballots used at such election
 
 68 FIFTH CLASS CITIES 
 
 substantially as follows: Shall the administration of the muni- 
 cipality be divided into five departments as follows: (Insert the 
 five departments of government proposed and briefly designate 
 the powers and duties conferred upon each and the compensation 
 each commissioner or head of department shall receive), "Yes" 
 and "No" so printed in connection therewith that the voters 
 may express their choice. The returns of the election shall be 
 canvassed and declared as at other municipal elections and if 
 it appears that a majority of the votes cast at such election were 
 in favor of the ordinance, such ordinance shall take effect and 
 be in force on the tenth day" thereafter. (New section approved 
 April 10, 1911, Stats. 1911, p. 842.) 
 
 Election on Question of Appointment of City Officers. 
 
 752b. The board of trustees may submit to the electors at 
 any municipal election or at a special election to be held for that 
 purpose, the question as to whether the elective officers, or any 
 of them, other than trustees, shall be appointed by said board, 
 instead of being elected as provided in the preceding section. 
 The question so submitted shall be printed on the ballots used 
 at such election substantially as follows: "Shall the board of 
 
 trustees hereafter appoint the naming (the 
 
 offices) of the city (or town) of ," with the 
 
 words "Yes" and "No" so printed in connection therewith that 
 the voters may express their choice. The returns of the election 
 shall be canvassed and declared as at other municipal election, 
 and if it appears that a majority of the votes cast on any such 
 proposition were in favor of the appointment of such officers or 
 any of them, then at the expiration of the terms of office of any 
 such officials then in office, and on the occurrence of a vacancy 
 in any such offices, such elective officers or any of them, for the 
 appointment of whom such a majority vote was so cast, shall 
 thereafter be appointed by the board of trustees and hold office 
 during the pleasure of such board. (New section approved 
 April 10, 1911, Stats. 1911, p. 843.) 
 
 Official Bonds. 
 
 753. The clerk, treasurer, city attorney, and marshal shall, 
 respectively, before entering upon the duties of their respective 
 offices, each execute a bond to such ci ty in such penal sum as the board 
 of trustees by ordinance may determine, conditioned for the faith- 
 ful performance of his duties, including in the same bond the 
 duties of all offices of which he is made by this chapter ex-officio 
 incumbent. Such bonds shall be approved by the board of trustees. 
 All bonds, when approved, shall be filed with the clerk, except 
 the bond of the clerk, which shall be filed with the president of 
 the board of trustees. All the provisions of any law of this state
 
 FIFTH CLASS CITIES 69 
 
 relating to the official bonds of officers shall apply to such bonds 
 except as herein otherwise provided. Every officer of such city, 
 before entering upon the duties of his office, shall take and file 
 with the clerk the constitutional oath of office. 
 
 Vacancies. 
 
 754. Any vacancy occurring in any of the offices provided 
 for in this act shall be filled by appointment by the board of 
 trustees, but if such office be elective, such appointee shall hold 
 office only until the next regular election, at which time a person 
 shall be elected to serve for the remainder of such unexpired 
 term. In case a member of the board of trustees is absent from 
 the city for the period of ninety days, unless by permission of 
 the board of trustees, his office shall by the board be declared 
 vacant, and the same shall be filled as in case of other vacancies. 
 
 Compensation of Trustees and Other Officers. 
 
 755. The members of the boards of trustees shall receive no 
 compensation whatever, provided that in all such cities the 
 question of whether the members of such board or any of them 
 shall receive any compensation for his services as such member, 
 and the amount thereof, may be submitted to the qualified 
 electors of said city at any general municipal election held 
 therein, and if the majority of such electors voting at such election 
 shall vote in favor thereof, then such trustee or trustees shall 
 receive the compensation specified in the call submitting such 
 question at such municipal election; such compensation to begin 
 on the first day of the next month succeeding the canvass of the 
 return of such election, and the amount so fixed shall from such 
 date be a charge against such city; payable the same as other 
 fixed salaries are paid. Such compensation may be increased 
 or diminished at any general municipal election thereof, by sub- 
 mission of such question in the same manner and by the same 
 vote as herein provided, for the original creation of such 
 compensation. 
 
 The treasurer, assessor, marshal, clerk and recorder shall 
 severally receive at stated times a compensation to be fixed by 
 ordinance by the board of trustees, which compensation shall not be 
 increased or diminished after their election or during their several 
 terms of office. 
 
 Nothing herein contained shall be construed to prevent the 
 board of trustees from fixing such several amounts of compensa- 
 tion in the first instance during the term of office of any such 
 officer or after his election. The compensation of all other 
 officers shall be fixed from time to time by the board of trustees. 
 (Amendment of March 1, 1911, Stats, and Amdts. 1911, p. 253. 
 Also amended March 19, 1889, Stats. 1889, p. 389.)
 
 70 FIFTH CLASS CITIES 
 
 Election Regulations. 
 
 756. All elections in such city shall be held in accordance 
 with the general election laws of the state, so far as the same 
 may be made applicable, and no person shall be entitled to vote 
 at such election unless he shall be a qualified elector of the county, 
 enrolled upon the great register thereof, and shall have resided 
 in such city for at least thirty days next preceding such election. 
 The board of trustees shall give such notice of each election as 
 may be prescribed by ordinance, shall appoint boards of election, 
 and fix their compensation, and establish election precincts and 
 polling places, and may change the same; provided, that no part 
 of any ward less than the whole thereof shall be attached to any 
 other ward, or part thereof, in forming election precincts. At 
 any municipal election the last printed great register of the county 
 shall be used, and any elector whose name is not upon such printed 
 register shall be entitled to vote, upon producing and filing with 
 the board of election a certificate, under the hand and official 
 seal of the county clerk, showing that his name is registered and 
 uncanceled upon the great register of such county, provided that 
 he is otherwise entitled to vote. 
 
 Eligibility to Office. 
 
 757. No person shall be eligible to hold office of trustee in 
 such city, unless he be a resident and elector therein, and shall 
 have resided in such city for one year next preceding the date 
 of his election. (Amendment approved April 16, 1913, Stats. 
 1913, p. 34.) 
 
 Free Library. 
 
 758. The trustees of any free public library created or existing 
 in such city under the provisions of an act entitled "An act to 
 establish free public libraries and reading rooms," approved April 
 twenty-sixth, eighteen hundred and eighty, shall be elected by 
 the qualified electors of said city, at a general municipal elec- 
 tion to be held therein on the second Monday in April next suc- 
 ceeding the passage and approval of this act, and shall hold 
 office for the period of four years from and after the Monday 
 next succeeding the day of such election, and until their successors 
 are elected and qualified. In case a vacancy shall occur in the 
 office of trustee of such free public library and reading-room, 
 the board of trustees of said free public library and reading- 
 room shall choose a person to fill such vacancy, who shall serve 
 until the next general municipal election, when if the term does 
 not then expire, a person shall be elected to serve for the re- 
 mainder of such unexpired term. (Amendment approved April 1, 
 1897, Stats. 1897, p. 403. Also amended in 1889, Stats. 1889, 
 p. 390.)
 
 FIFTH CLASS CITIES 71 
 
 ARTICLE III. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Board of Trustees. 
 
 760. The board of trustees shall meet on the Monday next 
 succeeding the date of said general municipal election, shall 
 take the oath of office, shall choose one of their number presi- 
 dent, and shall hold regular meetings at least once in each month, 
 at such times as they shall fix by ordinance. Special meetings 
 may be called at any time by the president of the board or by 
 three trustees, by written notice delivered to each member at 
 least three hours before the time specified for the proposed 
 meeting. All meetings of the board of trustees shall be held 
 within the corporate limits of the city, at such places as may 
 be designated by ordinance, and shall be public. 
 
 Meetings. 
 
 761. At any meeting of the board of trustees, a majority of 
 the trustees shall constitute a quorum for the transaction of 
 business, but a less number may adjourn from time to time, and 
 may compel the attendance of absent members in such manner 
 and under such penalties as may be prescribed by ordinance. 
 The president of the board shall preside at all meetings of the 
 board, and in case of his absence, the board may appoint a presi- 
 dent pro tern; and in case of the absence of the clerk, the presi- 
 dent or president pro tern, shall appoint one of the members of 
 the board clerk pro tern. 
 
 Rules. 
 
 762. The board of trustees shall judge of the qualifications 
 of its members and of all election returns, and determine con- 
 tested elections of all city officers. They may establish rules 
 for the conduct of their proceedings, and punish any member, 
 or other person, for disorderly behavior at any meeting. They 
 shall cause the clerk to keep a correct journal of all their pro- 
 ceedings, and, at the desire of any member, shall cause the ayes 
 and noes to be taken on any question, and entered upon the 
 journal. 
 
 Limitation on Passage of Ordinances. 
 
 763. No resolution granting any franchise, and no ordinance 
 for any purpose, shall be passed by the board of trustees on the 
 day of its introduction, nor within five days thereafter, nor at any 
 other than a regular meeting, or an adjourned regular meeting, 
 and no such resolution and no ordinance granting any franchise 
 shall be passed without being first submitted to the city attorney. 
 No resolution or order for the payment of money shall be passed 
 at any other than a regular meeting, or an adjourned regular meet- 
 ing, and no resolution or order for the payment of money, no
 
 72 FIFTH CLASS CITIES 
 
 resolution granting a franchise, and no ordinance for any purpose, 
 shall have any validity or effect unless passed by the affirmative 
 vote of at least three trustees. In cases of urgency the board of 
 trustees by a four-fifths vote may adopt any ordinance or .resolution 
 affecting the health and safety of the public on the day of its intro- 
 duction or at any regular or special meeting. (Amendment 
 approved May 6, 1919.) 
 
 Powers of Board. 
 764. The board of trustees of such city shall have power: 
 
 1. To pass ordinances not in conflict with the constitution 
 and laws of this state, or of the United States. 
 
 2. To purchase, lease, or receive such real estate and personal 
 property as may be necessary or proper for municipal purposes, 
 and to control, dispose of, and convey the same for the benefit 
 of the city; provided, that they shall not have any power to 
 sell or convey any portion of any waterfront; but may rent such 
 waterfront for a term not to exceed ten years for the purpose of 
 erecting bathhouses thereon. 
 
 3. To contract to supply the said city with water, and gas, 
 and electric lights or other lights for municipal purposes; to 
 purchase, lease, construct or otherwise acquire waterworks, 
 electric plants, and gas works or plants or any of the same, and 
 all machinery, conductors, lands, appliances and all other things 
 needed therefor, and to supply said city with, and to sell to the 
 inhabitants of said city, gas, electric light or other light, and 
 heat, and power; provided, that no such purchase or lease shall 
 be made unless the question of acquiring such property is sub- 
 mitted to the voters of such city in the same manner as other 
 propositions, at a general or special municipal election, and a 
 majority of the electors, voting at such election shall vote in 
 favor of the proposition. 
 
 4. To establish, repair and build bridges; to establish, lay 
 out, alter, keep open, open, improve and repair streets, sidewalks, 
 alleys, squares, and other public highways and places within 
 the city, and to drain, sprinkle, oil, .and light the same; to remove 
 all obstructions therefrom; to establish the grades thereof; to 
 grade, pave, macadamize, gravel and curb the same in whole 
 or in part, and to construct gutters, culverts, sidewalks, and 
 cross-walks therein, or upon any part thereof; to cause to be 
 planted, set out, and cultivated shade trees therein; and generally 
 to manage and control all such highways and places. 
 
 5. To establish, construct and maintain drains and sewers; 
 to provide by ordinance for a general system of sewers, and the 
 expense of building and maintaining the same. 
 
 6. To provide fire-engines and all other necessary or proper 
 apparatus for the prevention and extinguishment of fires.
 
 FIFTH CLASS CITIES 73 
 
 7. To impose and collect from every male inhabitant between 
 the ages of twenty-one and sixty years, an annual street poll tax, 
 not exceeding two dollars, and no other road poll-tax shall be 
 collected within the limits of such city; provided, that any mem- 
 ber of a volunteer fire company in such city shall be exempt from 
 such tax. 
 
 8. To impose and collect an annual license, not exceeding two 
 dollars on every dog owned or harbored within the limits of the 
 city. 
 
 9. To levy and collect annually a property tax, which shall 
 be apportioned as follows: For the general fund, not exceeding 
 sixty cents on each one hundred dollars; for street fund, not 
 exceeding thirty cents on each one hundred dollars; for school 
 fund, not exceeding twenty-five cents on each one hundred dollars; 
 for sewer fund, not exceeding ten cents on each one hundred 
 dollars. The levy for all purposes for any one year for all pur- 
 poses to which such funds are applicable shall not exceed one 
 dollar on each one hundred dollars of the assessed value of all 
 real and personal property within such city. 
 
 10. To license, for purposes of regulation and revenue, all 
 and every kind of business, including the sale of intoxicating 
 liquors, authorized by law and transacted or carried on in such 
 city, and all shows, exhibitions, and lawful games carried on 
 therein; to fix the rates of licenses upon the same, and to provide 
 for the collection of the same by suit or otherwise. 
 
 11. To improve the rivers and streams flowing through such 
 city, or adjoining the same; to widen, straighten, and deepen the 
 channels thereof, and to remove obstructions therefrom; to 
 improve the waterfront of the city, and to construct and maintain 
 embankments and other works to protect such city from overflow. 
 
 12. To erect and maintain buildings for municipal purposes. 
 
 13. To permit, under such restrictions as they may deem 
 proper, the laying of railroad tracks and the running of cars drawn 
 by horses, steam, electricity, or other power thereon, and the 
 laying of gas or water pipes in the public streets, and to construct 
 and maintain, and to grant the construction and maintenance 
 of telephone, telegraph and electric light lines therein. 
 
 14. In its discretion to divide the city, by ordinance, into a 
 convenient number of wards, not exceeding five, to fix the boun- 
 daries thereof, and to change the same from time to time; pro- 
 vided, that no change in the boundaries of any ward shall be 
 made within sixty days next before the date of said general 
 municipal election, or within twenty months after the same shall 
 have been established or altered.. Whenever such city shall 
 be divided into wards, the board of trustees shall designate by 
 ordinance the number of trustees to be elected from each ward,
 
 74 FIFTH CLASS CITIES 
 
 apportioning the same in proportion to the population of such 
 ward; and thereafter the trustees so designated shall be elected 
 by the qualified electors resident in such ward, or by the general 
 vote of the whole city, as may be designated in such ordinance. 
 
 15. To appoint and remove such policemen and such other 
 subordinate officers as they may deem proper, and to fix their 
 duties and compensation. 
 
 16. To impose fines, penalties, and forfeitures for any and all 
 violations of ordinances and for any breach or violation of any 
 ordinance to fix the penalty by fine or imprisonment, or both, 
 but no such fine shall exceed three hundred dollars, nor the term 
 of such imprisonment exceed three months. 
 
 17. To cause all persons imprisoned for violation of any ordi- 
 nances to labor on the streets, or other property or works within 
 the city. 
 
 18. To establish fire limits, and the same to alter at pleasure; 
 to regulate or prevent the erection of wooden or other buildings 
 or structures of combustible materials; to regulate the construc- 
 tion of all buildings, shades, awnings, signs, or any structure of a 
 dangerous or unsafe character; to provide, by regulation, for 
 the prevention and summary removal of all filth and garbage 
 in the streets, sloughs, alleys, backyards or public grounds of 
 such city, or elsewhere therein; to regulate or prohibit the storage 
 of gunpowder and combustible or explosive materials of every 
 kind and nature within the city limits, and to prescribe the limits 
 in which the same may be kept or stored. 
 
 19. To do and perform any and all other acts and things nee 
 essary and proper to carry out the provisions of this chapter, and 
 to exact and enforce within the limits of such city all other local, 
 police, sanitary, and other regulations as do not conflict with 
 general laws. (Amendment approved April 16, 1909, Stats. 1909, 
 p. 937. Also amended in 1889, Stats. 1889, p. 391; in 1899, p. 196; 
 in 1901, Stats. 1901, p. 656; and in 1905, Stats. 1905, p. 45.) 
 
 20. To levy and collect a property tax in addition to that now 
 authorized by law for the purpose of improving, repairing, and 
 maintaining any and all streets, avenues, lanes, alleys, courts, 
 
 E laces and sidewalks of said municipality, which have heretofore 
 een accepted by said municipality, under and pursuant to the 
 provisions of any street improvement act, providing for the accep- 
 tance of streets by said municipality, which such tax shall not 
 exceed thirty cents on each one hundred dollars of the assessed 
 value of all real and personal property within such municipality. 
 (Amendment approved June 1, 1917.) 
 
 Enacting Clause of Ordinances. 
 
 765. The enacting clause of all ordinances shall be as follows: 
 "The board of trustees of the city (or town) of do
 
 FIFTH CLASS CITIES 75 
 
 ordain as follows": Every ordinance must be signed by the 
 president of the board of trustees, attested by the clerk, and must 
 be published by said board at least three times in a newspaper of 
 general circulation published in such city or town, or if there be 
 none published in such city or town, then every ordinance must be 
 posted in at least three public places therein; provided, that emer- 
 gency ordinances subject to the referendum must be published at 
 least one time. (Amendment approved June 1, 1917) 
 
 Board to Audit Demands. 
 
 766. All demands against such city, except as otherwise by 
 law provided, shall be presented to and audited by the board of 
 trustees, in accordance with such regulations as they may by 
 ordinance prescribe; and upon the allowance of any such demand, 
 the president of the board shall draw a warrant upon the treasurer 
 for the same, which warrant will be countersigned by the clerk, 
 and shall specify for what purpose the same is drawn, and out 
 of what fund it is to be paid. (Amendment approved March 19, 
 1889, Stats, 1889. p. 389.) 
 
 Indebtedness not to Exceed Moneys Provided. 
 
 767. The board of trustees shall not create, audit, allow or 
 permit to accrue any debt or liability in excess of the available 
 money in the treasury that may be legally apportioned and 
 appropriated for such purposes, except in the manner provided 
 by law for incurring indebtedness; provided, that any city during 
 the first year of its existence under this act may incur such in- 
 debtedness or liability as may be necessary, not exceeding in 
 all the income and revenue provided for it for such year; nor 
 shall any warrant be drawn, or evidence of indebtedness be issued, 
 unless there be at the time sufficient money in the treasury legally 
 applicable to the payment of the same, except as hereinbefore 
 provided. (Amendment approved March 19, 1889, Stats. 1889, 
 p. 389.) 
 
 Incurring of Excess Decided at an Election. 
 
 768. .(Amended March 19, 1889, Stats. 1889, pp. 371 and 397. 
 Repealed April 16, 1913, Stats. 1913, p. 33.) 
 
 Imprisonment. 
 
 769. The violation of any ordinance of such city shall be 
 deemed a misdemeanor and may be prosecuted by the authori- 
 ties of such city in the name of the people of the State of Cali- 
 fornia or may be redressed by civil action, at the option of said 
 authorities. Any person sentenced to imprisonment for the vio- 
 lation of an ordinance may be imprisoned in the city jail, or if 
 the board of trustees shall by ordinance so prescribe, in the 
 county jail of the county in which such city may be situated;
 
 76 FIFTH CLASS CITIES 
 
 in which case the expense of such imprisonment shall be a charge 
 in favor of such county against such city. (Amendment approved 
 March 7, 1905, Stats. 1905, p. 72.) 
 
 Nuisances. 
 
 770. Every act or thing done or being within the limits of 
 such city, which is or may be declared by law or by any ordi- 
 nance of such city to be a nuisance, shall be and is hereby declared 
 to be a nuisance, and shall be considered and treated as such in 
 all actions and proceedings whatever; and all remedies which 
 are or may be given by law for the prevention and abatement 
 of nuisances shall apply thereto. 
 
 Repairs Assessed on Fronting Property. 
 
 771. (Repealed April 16, 1913, Stats. 1913, p:33.) 
 
 Right of Way. 
 
 772. Whenever it shall become necessary for the city to take 
 or damage private property for the purpose of establishing, laying 
 out, extending and widening streets and other public highways 
 and places within the city, or for the purpose of rights of way 
 for drains, sewers and aqueducts, and for the purpose of widening, 
 straightening, or diverting the channels of streams, and the 
 improvement of waterfronts, and the board of trustees cannot 
 agree with the owner thereof as to the price to be paid, the trustees 
 may direct proceedings to be taken under section 1237, and the 
 following sections, to and including 1263 of the Code of Civil 
 Procedure, to procure the same. 
 
 City Tax Levy. 
 
 773. The board of trustees shall have the power, and it shall 
 be their duty, to provide by ordinance a system for the assessment, 
 levy and collection of all city taxes not inconsistent with the 
 provisions of this chapter. All taxes shall be collected by the 
 marshal or treasurer, as may be determined by the board of 
 trustees by ordinance. All taxes assessed, together with any 
 percentage imposed for delinquency and the costs of collection, 
 shall constitute liens on the property assessed; every tax upon 
 the personal property shall be a lien upon the real property of 
 the owner thereof. The liens provided for in this section shall 
 attach as of the first Monday in March of each year, and may be 
 enforced by a sale of the real property affected, and the execu- 
 tion and delivery of all necessary certificates and deeds therefor, 
 under such regulations as may be prescribed by ordinance, or 
 by action in any court of competent jurisdiction to foreclose such
 
 FIFTH CLASS CITIES 77 
 
 liens; provided, that any property sold for such taxes shall be 
 subject to redemption within five years and upon the terms pro- 
 vided or that may hereafter be provided for the redemption of 
 property sold for state taxes. All deeds made upon any sale of 
 property for taxes or special assessments under the provisions 
 of this chapter shall have the same force and effect in evidence 
 as is or may hereafter be provided by law for deeds for property 
 sold for non-payment of state taxes. (Amendment approved 
 March 8, 1905, Stats. 1905, p. 88. Also amended in 1889, Stats. 
 1889, p. 394.) 
 
 Equalization. 
 
 774. The board of trustees shall meet at their usual place ol 
 holding meetings on the second Monday of August of each year, 
 at 10 o'clock in the forenoon of said day, and sit as a board of 
 equalization, and shall continue in session from day to day until 
 all the returns of the assessor have been rectified. They shall 
 have power to hear complaints, and to correct, modify or strike 
 out any assessment made by the assessor, and may, of their own 
 motion, raise any assessment, upon notice to the party whose 
 assessment is to be raised. The corrected list for each tax shall 
 be the assessment roll for said tax for said year. It shall be 
 certified by the city clerk, who shall act as clerk of the board 
 of equalization, as being the assessment roll for said tax, and 
 shall be the assessment roll upon which such tax is to be levied 
 in said year. 
 
 Construction of Act. 
 
 775. Nothing in this chapter contained shall be construed to 
 prevent any city having a bonded indebtedness, contracted under 
 laws heretofore passed, from levying and collecting such taxes 
 for the payment of such indebtedness, and the interest thereon, 
 as are provided for in such laws, in addition to the taxes herein 
 authorized to be levied and collected; nor to prevent any city 
 from levying and collecting the tax authorized by the act entitled 
 "An act to establish free public libraries and reading rooms," 
 approved April twenty-sixth, eighteen hundred and eighty, in 
 addition to the taxes herein authorized to be levied and collected. 
 All moneys received from licenses, street poll tax, and from fines, 
 penalties and forfeitures, shall be paid into the general fund. 
 
 Waterfront Fund. 
 
 776. The board of trustees may also levy, and cause to be 
 collected in each year, in addition to the taxes herein authorized 
 to be levied and collected, a tax, not exceeding ten cents on each 
 one hundred dollars of the assessed value of all real and personal 
 property within such city subject to taxation, the proceeds of
 
 78 FIFTH CLASS CITIES 
 
 which tax shall be known as the "River and Waterfront Improve- 
 ment Fund," and shall be applied to the improvement of streams, 
 bays and waterfronts, and the erection of embankments and other 
 works to protect the city from overflow, and for no other purposes 
 whatever. 
 
 Public Work to be Contracted for. 
 
 777. In the erection, improvement, and repair of all public 
 buildings and works, in all street and sewer work, and in all work 
 in or about streams, bays or waterfronts, or in or about embank- 
 ments, or other works for protection against overflow, and in 
 furnishing any supplies or materials for the same, when the ex- 
 penditure required for the same exceeds the sum of three hundred 
 dollars, the same shall be done by contract, and shall be let to 
 the lowest responsible bidder, after notice by publication in a 
 newspaper of general circulation, printed and published in such 
 city or town, for at least two weeks, or if there be no newspaper 
 printed or published therein, by printing and posting the same 
 in at least four public places therein for the same period; such 
 notice shall distinctly and specifically state the work contemplated 
 to be done; provided, that the board of trustees may reject any 
 and all bids presented and readvertise, in their discretion; pro- 
 vided, further, after rejecting bids, the board of trustees may 
 declare and determine by a four-fifths vote of all its members 
 that in its opinion the work in question may be performed more 
 economically by day labor or the materials or supplies furnished 
 at a lower price in the open market, and after the adoption of a 
 resolution to this effect they may proceed to have the same done 
 in the manner stated without further observance of the foregoing 
 provisions of this section; and provided, further, that in case of 
 a great public calamity such as an extraordinary fire, flood, 
 storm, epidemic or other disaster, the board of trustees may, 
 by resolution passed by vote of four-fifths of all its members 
 declare and determine tnat public interest and necessity demands 
 the immediate expenditure of public money to safeguard life, 
 health and property and thereupon they may proceed to expend 
 or enter into a contract involving the expenditure of any sum 
 required in such emergency. The board of trustees shall annually, 
 at a stated time, contract for doing all city printing and adver- 
 tising, which contract shall be let to the lowest responsible 
 bidder, after notice as provided in this section. (Amended 
 March 10, 1891, Stats. 1891, p. 54. Also amended June 8, 1915, 
 Stats. 1915, p. 1304.) 
 
 Powers of President. 
 
 778. The president of the board of trustees shall preside over 
 all meetings of the board at which he is present. In his absence 
 a president pro tern, shall be chosen. The president, and in his
 
 FIFTH CLASS CITIES 79 
 
 absence the president pro tern., shall sign all warrants drawn on 
 the city treasurer, and, unless otherwise provided by said board, 
 shall sign all written contracts entered into by said city, as such 
 president or president pro tern. The authority and power of 
 the president pro tern, shall continue only during the day on which 
 he is chosen. The president and president pro tern, shall have 
 power to administer oaths and affirmations, to take affidavits 
 and certify the same under their hands. The president or presi- 
 dent pro tern, shall sign all conveyances made by said city, and 
 all instruments which shall require the seal of the city. The 
 president is authorized to acknowledge the execution of all in- 
 struments executed by said city that require to be acknowledged. 
 He shall have power to administer oaths and affirmations con- 
 cerning any demand upon the treasury, and in all matters relating 
 to the duties of the board of trustees, and to witnesses examined 
 in any investigation had by said board, or by any committee 
 thereof duly authorized to make such investigation. Said presi- 
 dent may issue subpoenas under his hand and the seal of such 
 city, attested by the city clerk to compel the attendance of 
 witnesses before such board of trustees or committee thereof. 
 (Amendment approved March 19, 1889, Stats. 1889, p. 389.) 
 
 ARTICLE IV. 
 
 EXECUTIVE DEPARTMENT. 
 
 Treasurer. 
 
 786. It shall be the duty of the treasurer to receive and safely 
 keep all moneys which shall come into his hands as city treasurer, 
 for all of which he shall give duplicate receipts, one of which 
 shall be filed with the city clerk. He shall pay out said money 
 on warrants signed by the proper officers, and not otherwise, 
 except interest coupons on bonds. He shall make quarterly 
 settlements with the city clerk. He shall collect all taxes levied 
 by the board of trustees, if so required by ordinance. (Amend- 
 ment approved March 19, 1889, Stats. 1889, p. 395.) 
 
 Assessor. 
 
 787. It shall be the duty of the assessor between the first 
 Monday in March and the first day of August in each year, to 
 make out a true list of all taxable property within the city or 
 town. The mode of making out said list, and proceedings relating 
 thereto, shall be in conformity with the laws now in force regu- 
 lating county assessors, except as the same may be otherwise 
 provided in this act, or by ordinance. Said list shall describe the 
 property assessed, and the value thereof, and shall contain all 
 other matters required to be stated in such lists by county
 
 80 FIFTH CLASS CITIES 
 
 assessors. Said assessor shall verify said list by his oath, and shall 
 deposit the same with the clerk on or before the first Monday of 
 August of each year. Said assessor and his deputy shall have 
 power to administer all oaths and affirmations necessary in the 
 performance of his duty. (Amendment effective July 29, 1921.) 
 
 City Clerk, Duties of. 
 
 788. It shall be the duty of the city clerk to keep a full and 
 true record of all the proceedings of the board of trustees and of 
 the board of equalization. The proceedings of the board of 
 trustees shall be kept in a book, marked "Records of the Board 
 of Trustees." The proceedings of the board" of equalization 
 shall be kept in a separate book, marked "Records of the Board 
 of Equalization." He shall keep a book which shall be marked 
 "City Accounts," in which shall be entered as a credit all moneys 
 received by the city for licenses, the amount of any tax when 
 levied, and all other moneys received; and in which shall be 
 entered upon the debtor side all commissions deducted, and all 
 warrants drawn on the treasury. He shall also keep a book, 
 marked "Marshal's Account," in which he shall charge the city 
 marshal with all the tax lists, if any, delivered to him, and all 
 licenses delivered to him. He shall credit the marshal with 
 the delinquent lists returned by him. He shall also keep a book, 
 marked "Treasurer's Account," in which he shall keep a full 
 account of the transactions of the city with the treasurer. He 
 shall also keep a book, marked "City Licenses," in which he 
 shall enter all licenses delivered by him to the marshal, and the 
 amount thereof. He shall also keep a book marked "City Or- 
 dinances," into which he shall copy all city ordinances, with 
 his certificate annexed to said copy, stating the foregoing ordi- 
 nance is a true and correct copy of an ordinance of such city, and 
 giving the number and title of said ordinance, and stating that 
 the same has been published or posted according to law. Said 
 record copy, with said certificate, or the original ordinance, 
 shall be prima facie evidence of the contents of the ordinance 
 and of the due passage and publication of the same, and shall bo 
 admissible as such evidence in any court or proceeding. Said 
 records shall not be filed in any case, but shall be returned to 
 the custody of the city clerk. Nothing herein contained shall 
 be construed to prevent the proof of the passage and publication 
 of ordinances in the usual way. Each of the foregoing books, 
 except the records of the board of trustees and the board of equal- 
 ization, shall have a general index, sufficiently comprehensive 
 to enable a person readily to ascertain matters contained therein. 
 The city clerk shall also keep a book, marked "Demands and 
 Warrants," in which he shall note every demand against the 
 city, and file the same. He shall state therein, under the note
 
 FIFTH CLASS CITIES 81 
 
 of the demands, the final disposition made of the same; and if 
 the same is allowed and a warrant is drawn, he shall also state 
 the number of the warrant, with sufficient dates. This book 
 shall contain an index, in which reference shall be made to each 
 demand. Upon the completion of the assessment roll for any 
 of the taxes of the city, and levying of the tax thereon, the city 
 clerk shall apportion the taxes upon such assessment roll, and 
 shall deliver it to the officer charged with the duty of collecting 
 taxes. It shall not be necessary to make a duplicate assessment 
 roll. He may appoint a deputy, for whose acts he and his bonds- 
 men shall be responsible; and he and his deputy shall have power 
 to administer oaths and affirmations, to take affidavits and depo- 
 sitions to be used in any court or proceeding in the state, and to 
 certify the same. He and his deputies shall take all the necessary 
 affidavits to demands against the city, and certify the same 
 without charge. He shall be the custodian of the seal of such 
 city. He shall make a quarterly statement, in writing, showing 
 the receipts and expenditures of the city for the preceding quarter, 
 and the amount remaining in the treasury. He shall, at the end 
 of every fiscal year, make a full and detailed statement of the 
 receipts and expenditures of the preceding year, and a full state- 
 ment of the financial condition of the affairs of the city, which 
 shall be published. He shall perform such other services as 
 this act and the ordinances of the board of trustees shall require. 
 (Amendment approved March 19, 1889, Stats. 1889, p. 389.) 
 
 City Attorney. 
 
 789. It shall be the duty of the city attorney to appear and 
 represent the city in all actions pending in any court in which 
 the city is a party, or in which it is interested, and he shall also 
 appear and represent the people in all actions prosecuted in any 
 court for the violation of any of the ordinances of said city, or 
 involving the validity of any municipal ordinances or acts of said 
 city, and in all actions or proceedings to which said city may be 
 a party. He shall advise the city authorities and officers in all 
 legal matters pertaining to the business of said city and render 
 such other services in the line of his profession as may be required 
 of him by the board of trustees. (Amended 1889, Stats. 1889, 
 p. 395. Also amended 1915, Stats. 1915, p. 170.) 
 
 Police Department under Control of City Marshal. 
 
 790. The department of the police of said city shall be under 
 the direction and control of the city marshal; and for the sup- 
 pression of any riot, public tumult, disturbance of the peace, or 
 resistance against the laws or public authorities in the lawful 
 exercise of their functions, he shall have the powers that are
 
 82 FIFTH CLASS CITIES 
 
 now or may hereafter be conferred upon sheriffs by the laws of 
 the state, and shall, in all respects, be entitled to the same pro- 
 tection; and his lawful orders shall be promptly executed by 
 deputies, police officers and watchmen in said city, and every 
 citizen shall also lend him aid, when required, for the arrest of 
 offenders and maintenance of public order. He shall and is 
 hereby authorized to execute and return all process issued and 
 directed to him by any legal authority. It shall be his duty to 
 prosecute before the recorder all breaches or violations of or 
 non-compliance with the city ordinance which shall come to his 
 knowledge. He shall collect all taxes levied by the board of 
 trustees, except as is herein provided. He shall, at the expira- 
 tion of any month, pay to the city treasurer all taxes and other 
 funds of said city collected by him during said month. He shall, 
 upon payment of the money, file with the treasurer an affidavit, 
 stating that the money so paid is all the taxes or funds that he 
 has collected or received during the preceding month. He shall, 
 upon the receipt of any tax list, give his receipt for the same to 
 the city clerk, and shall, upon depositing with the city clerk 
 the delinquent tax list, take his receipt therefor. He shall 
 receive from the clerk all city licenses and collect the same. 
 He shall have charge of the city prison and prisoners, and of 
 any chain gang which may be established by the board of trustees. 
 He shall, for service of any process, receive the same fees as con- 
 stables. He may appoint, subject to the approval of the board 
 of trustees, one or more deputies, for whose acts he and his bonds- 
 men shall be respons'ble, whose only compensation shall be fees 
 for the service of process, which shall be the same as those allowed 
 to the city marshal. He may also, with the concurrence of the 
 president of the board of trustees, when the same may be of them 
 deemed necessary for the preservation of public order, appoint 
 additional policemen, who shall discharge the duties assigned 
 them for one day only. He shall perform such other services as 
 this act and the ordinances of the board of trustees shall require, 
 and shall receive such compensation from the city as shall be 
 fixed by ordinance, in addition to such mileage and fees as he 
 shall receive in the service of process of the courts of this state, 
 other than the recorder's court of such city, which mileage and 
 fees shall be the same as is allowed by law to constables in the 
 county in which such city is situated. (Amendment approved 
 March 23, 1893, Stats. 1893, p. 299. Also amended in 1889, Stats. 
 1889, p. 396.) 
 
 Board to Fix Compensation. 
 
 791. The board of trustees shall, by ordinances not inconsistent 
 with the provisions of this chapter, prescribe the additional 
 duties of all officers, and fix their compensation.
 
 FIFTH CLASS CITIES 83 
 
 ARTICLE V. 
 
 SCHOOL DEPARTMENT. 
 
 School District. 
 
 795. From and after the organization of each of such cities, 
 the same shall constitute a separate school district, which shall 
 be governed by the board of education of such city; provided 
 the board of supervisors may include more territory in such 
 school district than that included in such city, and in that case 
 such outside territory shall be deemed a part of such city for the 
 purpose of holding the general municipal election, and shall be 
 an election precinct by itself and its qualified electors shall vote 
 only for the board of education, and said outside territory shall 
 be deemed to be a part of said city for all matters connected 
 with the school department, and the annual levying and collect- 
 ing of the property tax for the school fund. (Amendment approved 
 March 7, 1891, Stats. 1891, p. 28.) 
 
 Vacancy in Board. 
 
 796. In case a vacancy shall occur in the office of school 
 director, the board of education shall choose a person to fill such 
 vacancy, who shall serve until the next election, when, if the 
 term does not then expire, a person shall be elected to serve for 
 the remainder of such unexpired term. 
 
 Meetings. 
 
 797. The board of education shall meet on the second Tuesday 
 after such general municipal election, and choose one of its mem- 
 bers as president, and shall appoint a secretary, who shall hold 
 at the pleasure of said board. The regular meetings of said 
 board shall thereafter be held as often as once in each month, 
 in the place provided for the board of trustees, and the time for 
 holding such meetings shall be fixed by the board of education. 
 Special meetings of said board may be held when called by 
 written notice, signed by its president, or three of its members, 
 and delivered personally to each of its members who shall not 
 have signed the same. Three members shall constitute a quorum, 
 and no business shall be transacted by said board of education 
 without the concurrence of three of its members; but a majority 
 of the members present at any meeting may adjourn from time 
 to time. All the meetings of said board of education shall be 
 public, and full records of its proceedings shall be kept by the 
 secretary of said board. The members of the board of educa- 
 tion shall receive no compensation for their services as school 
 directors. (Amendment approved March 7, 1891, Stats. 1891, 
 p. 114.) 
 
 Powers of Board. 
 
 798. The board of education shall have power: 
 
 1. To establish and maintain public, primary, kindergarten,
 
 84 FIFTH CLASS CITIES 
 
 grammar, and evening schools, and to subdivide the school 
 districts, and to fix and alter the boundaries of such subdivisions. 
 
 2. To employ and dismiss a superintendent of schools, teachers, 
 janitors, truant officers, and school census marshals, and to fix, 
 alter, allow and order paid their salaries or compensations; and 
 to employ and pay such mechanics and laborers as may be neces- 
 sary to carry into effect the powers hereby conferred. 
 
 3. To make, establish, and enforce all necessary or proper 
 rules and regulations, not in conflict with the laws of this state, 
 for the government and management of public schools within 
 such city, the teachers thereof, and the pupils therein, and for 
 carrying into effect the laws relating to education. 
 
 4. To provide for the school department of such city, fuel 
 and lights, water, printing and stationery, and to incur such 
 other incidental expenses as may be deemed necessary by said 
 board. 
 
 5. To build, alter, repair, rent and provide school houses, 
 and to furnish the same with proper school furniture, apparatus, 
 and appliances, and to insure any and all school property. 
 
 6. To purchase, receive, lease, and hold in fee, in trust for 
 such city, any and all real estate and personal property that 
 may have been acquired, or may hereafter be acquired, for the 
 use and benefit of the schools of such city; provided, that no real 
 estate shall be bought, sold, or exchanged, nor any expenditure 
 incurred for the construction of new school houses, without the 
 approval of the board of trustees; and provided, further, that 
 the proceeds of any such sale or exchange of real estate shall be 
 exclusively applied to the purchase of other lots for the erection 
 of school houses. 
 
 7. To grade, fence, and improve all school lots. 
 
 8. To determine annually the amount of money required for 
 the support of public schools, and for carrying into effect all the 
 provisions of law in reference thereto; and in pursuance of this 
 provision, the board of education shall, at least ten days before 
 the meetings of the board of trustees at which the annual city 
 taxes are levied, submit in writing to the board of trustees a 
 careful estimate of the whole amount of money to be received 
 from the state and county, and of the amount to be required 
 from such city for the above-mentioned purposes; and the amount 
 so found to be required from the city shall, by the board of 
 trustees, be added to the above amounts to be assessed and col- 
 lected for city purposes, and when collected, the proceeds thereof 
 shall be immediately paid into the school fund of such city, to 
 be drawn out only upon the order of the board of education; 
 provided, that such annual tax shall not exceed twenty-five; cents
 
 FIFTH CLASS CITIES 85 
 
 on each one hundred dollars of assessed valuation of the real and 
 personal property within such city. 
 
 9. To establish regulations for the just and equal disburse- 
 ment of all moneys belonging to the school fund. 
 
 10. To discharge all legal encumbrances existing at the time 
 of the incorporation of such city, or thereafter, on any school 
 property within such city. 
 
 11. To admit non-resident children, and persons over twenty- 
 one years of age, to any of the departments of the schools of such 
 city, upon the payment monthly, in advance, of such tuition fees 
 as said board may establish. 
 
 12. To prohibit any children under six years of age from attend- 
 ing the public schools. 
 
 13. To establish and regulate the grades of schools in such 
 city, and the course of study, and the mode of instruction to be 
 pursued therein, and determine what tex't books shall be used. 
 
 14. To do and perform, in addition to the foregoing powers, 
 such other acts as may be necessary or proper to carry into effect 
 the powers hereby conferred. (Amendment adopted March 14, 
 1899, Stats. 1899, p. 98.) 
 
 Board May Sue and Be Sued. 
 
 799. The board of education may sue and be sued by their 
 name of office. In any action or judicial proceeding against said 
 board, service of process upon the president, or upon a majority 
 of the members of the board shall be sufficient to give the court 
 jurisdiction to hear and determine the same. 
 
 Treasurer Custodian of Moneys. 
 
 800. All moneys received by the treasurer of the county 
 wherein such city may be situated, on account of the school 
 fund of such city, or the school district consisting of the same, 
 and all sums received into the county treasury, which may be 
 apportioned to said city or district, shall be paid to the treasurer 
 of such city, by the treasurer of such county, as soon as received, 
 or as soon as the apportionment shall be made, when apportion- 
 ment is necessary, upon the order of the board of education. 
 
 Demands. 
 
 801. The president of the board of education shall have power 
 to administer oaths and affirmations concerning any demand 
 upon the treasury, payable out of the school fund, and in all other 
 matters relating to the duties of the board of education, and to 
 witnesses examined in any investigation had by such board of 
 education, or by a committee thereof, duly appointed by it, for 
 that purpose.
 
 86 FIFTH CLASS CITIES 
 
 President May Compel Witnesses. 
 
 802. Said president may issue subpoenas under his hand and 
 the seal of such city, attested by the city clerk, to compel the 
 attendance of witnesses before such board of education, or com- 
 mittee thereof, who shall be entitled to the same fees as witnesses 
 in civil cases, and who may be punished for contempt for non- 
 attendance, or refusal to be sworn, or to answer, by the superior 
 court of the county in which such city may be situated. 
 
 Warrants. 
 
 803. Every claim payable out of the school fund shall be filed 
 with the secretary of the board of education, and after it shall 
 have been approved by the board a certificate of such approval 
 shall be endorsed thereon, signed by the president and secretary, 
 and a warrant upon the school fund shall be issued thereon for 
 the payment of such claim, which warrant Shall be signed by 
 the president of such board, and countersigned by the secretary 
 and shall specify for what purpose the same is drawn. 
 
 Duties of Secretary. 
 
 804. The secretary shall report to the board annually, and at 
 such other times as they may require, all matters pertaining to 
 the expense, income, condition, and progress of the public schools 
 of said city during the preceding year, with such recommenda- 
 tions as he may deem proper. He shall observe, and cause to 
 be observed, such general rules and regulations for the govern- 
 ment of and instruction in the schools, not inconsistent with the 
 laws of the state, as may be established by the board of educa- 
 tion. He shall attend the sessions of the board, and inform them 
 at each session of the condition of the public schools, school 
 houses, school funds, and other matters connected therewith, 
 and recommend such measures as he may deem necessary for 
 the advancement of education in the city, and shall perform such 
 other duties as may be required of him by the board. He shall 
 receive as compensation for his services, payable our of the school 
 fund, such sum as the board of education from time to time may 
 allow. 
 
 Fund Shall Not Be Diverted. 
 
 805. The entire revenue derived by such city from the state 
 school fund and the state school tax shall be applied by said 
 board of education exclusively to the support of primary and 
 grammar schools. 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Recorder's Court. 
 
 806. A recorder's court is hereby established in such city,
 
 FIFTH CLASS CITIES 87 
 
 to be held by the recorder of such city; provided, that the pro- 
 visions of this section as to the establishment of the recorder's 
 court and recorders in such city shall not apply to any such 
 city in which a city justice's court or a city justice of the peace 
 is now or may hereafter be established, and any recorder's court 
 now existing in any such last mentioned city is hereby abolished. 
 The justice of the peace of any city wherein said recorder's court 
 shall have been abolished or which may hereafter be abolished 
 is the successor of the recorder of such city whose court has been 
 abolished as aforesaid; and all records, registers, dockets, books, 
 papers, causes, actions, and proceedings lodged, deposited or 
 pending before said recorder's court or before the recorder of 
 said city, are transferred to the justice's court of said city, which 
 shall have the same power and jurisdiction over them as if they 
 had been in the first instance lodged, deposited, filed, or com- 
 menced therein. Said recorder's court shall have jurisdiction, 
 concurrently with the justice's court, of all actions and proceed- 
 ings, civil and criminal, arising within the corporate limits of 
 such city, and which might be tried in such justice's court; and 
 shall have exclusive jurisdiction of all actions for the recovery 
 of any fine, penalty, or forfeiture prescribed for the breach of 
 any ordinance of such city, of all actions founded upon any obli- 
 gation or liability created by any ordinance, and of all prosecu- 
 tions for any violation of any ordinance. In all civil actions for 
 the recovery of any fine, penalty, or forfeiture prescribed for the 
 breach of any ordinance of such city, where the fine, penalty or 
 forfeiture imposed by the ordinance is not more than fifty dollars, 
 the trial must be by the court, in civil actions where the fine, 
 penalty or forfeiture prescribed for the breach of any ordinance 
 of such city is over fifty dollars, the defendant is entitled to a 
 jury. Except as in this section otherwise provided, the rules 
 of practice and mode of proceeding in said recorder's court shall 
 be the same as are or may be prescribed by law for justices' 
 courts in like cases, and appeals may be taken to the superior 
 court of the county in which such city may be situated, from all 
 judgments of said recorder's court in like manner and with a 
 like effect as in cases of appeal from justices' courts. (Amend- 
 ment approved March 15, 1907, Stats. 1907, p. 272. Also amended 
 in 1905, Stats. 1905, p. 72.) 
 
 Powers of Recorder as Judge. 
 
 807. The recorder shall be judge of the recorder's court, and 
 shall have the powers and perform the duties of a magistrate. 
 He may administer and certify oaths and affirmations, and take 
 and certify acknowledgments. He shall be entitled to charge 
 and receive for his services such fees as are or may be allowed by 
 law to justices of the peace for like services, except that for his
 
 88 FIFTH CLASS CITIES 
 
 services in criminal prosecution for violation of ordinances he 
 shall be entitled to receive only such monthly salary as the board 
 of trustees shall by ordinance prescribe; which compensation, 
 when once fixed, shall not be altered within two years. 
 
 Recorder, When Disqualified as Judge. 
 
 808. In all cases in which the recorder is a party, or in which 
 he is interested, or when he is related to either party by con- 
 sanguinity or affinity within the third degree, or is otherwise 
 disqualified, or in case of sickness or inability to act, the recorder 
 may call in a justice of the peace residing in the city, to act in 
 his place and stead; or if there be no justice of the peace residing 
 in the city, or if all those so residing are likewise disqualified, 
 then he may call in any justice of the peace residing in the county 
 in which such city may be situated. 
 
 ARTICLE VII. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Collection of Moneys. 
 
 810. Every officer collecting or receiving any moneys belong- 
 ing to or for the use of such city shall settle for the same with 
 the clerk on the first Monday in each month, and immediately 
 pay the same into the treasury, on the order of the clerk, for the 
 benefit of the funds to which such moneys respectively belong. 
 
 No Officer to Be Interested in Contract. 
 
 811. No officer of such city shall be interested, directly or 
 indirectly, in any contract with such city, or with any of the 
 officers thereof, in their official capacity, or in doing any work 
 or furnishing any supplies for the use of such city or its officers 
 in their official capacity; and any claim for compensation for 
 work done, or supplies or materials furnished, in which any such 
 officer is interested, shall be void, and if audited and allowed 
 shall not be paid by the treasurer. Any wilful violation of the 
 provisions of this section shall be a ground for removal from 
 office, and shall be deemed a misdemeanor, and punished as such. 
 
 Nuisances. 
 
 812. Every act or thing done or being within the limits of 
 such city, which is or may be declared by law or by any ordi- 
 nance of such city to be a nuisance, shall be and is hereby declared 
 to be a nuisance, and shall be considered and treated as such in 
 all actions and proceedings whatever; and all remedies which 
 are or may be given by law for the prevention and abatement 
 of nuisances shall apply thereto.
 
 FIFTH CLASS CITIES 89 
 
 Fire Departments. 
 
 813. The fire department of a city of the fifth class shall con- 
 sist of companies of volunteer or paid firemen, as the board of 
 trustees may determine, organize into engine, hose, or hook-and- 
 ladder companies. Such fire department, except where the same 
 comprises one or more companies of paid firemen, and such com- 
 panies of volunteer firemen, shall elect their own officers; but 
 the board of trustees shall appoint the chief and other officers 
 of such department, where the same comprises one or more 
 companies of paid firemen. The election of any person as chief 
 of any such volunteer fire department shall be forthwith certified 
 by the secretary of said department to the board of trustees of 
 such city, and by them, at their next regular meeting confirmed. 
 The chief of the fire department shall give a bond to the chairman 
 of the board of trustees of such city, in the sum of one thousand 
 dollars; the chief of every fire department shall inquire into the 
 cause of every fire occurring in the city, and keep a record thereof. 
 He shall have exclusive control of the working of the fire depart- 
 ment in time of conflagration or fire. He must aid in the enforce- 
 ment of all fire ordinances duly enacted, examine building in 
 process of erection, report violation of ordinances relating to 
 the prevention and extinguishment of fires when directed by the 
 proper authorities, and institute proceedings therefor, and shall 
 have general control, management, and direction of the fire 
 companies, hose, hook-and-ladder companies, and engine, and 
 fire departments of such city, and shall perform such other duties 
 as may be by the ordinances of said city, or by law, imposed 
 upon him. His compensation, which shall not be lea's than ten 
 dollars per month, must be fixed and paid by the board of city 
 trustees. (Amendment approved February 20, 1905, Stats. 1905, 
 p. 16. Also amended in 1897, Stats. 1897, p. 183.)
 
 MUNICIPAL CORPORATIONS OF THE 
 SIXTH CLASS. 
 
 For an act to enable municipal corporations of the sixth class 
 to elect officers, see Act 3089. 
 
 ARTICLE I. 
 
 GENERAL POWERS. 
 
 Sixth Class. 
 
 850. Every municipal corporation of the sixth class shall be 
 
 entitled the city (or town) of (naming it), 
 
 and by such name shall have perpetual succession, may sue and 
 be sued in all courts and places, and in all proceedings whatever; 
 shall have and use a common seal, alterable at the pleasure of 
 the city or town authorities, and may purchase, lease, receive, 
 hold, and enjoy real and personal property, and control and dis- 
 pose of the same for the common benefit. 
 
 ARTICLE II. 
 
 GENERAL PROVISIONS RELATING TO OFFICERS. 
 
 Municipal Officers. 
 
 851. The government of such city or town shall be vested in 
 a board of trustees, to consist of five members; a clerk, who shall 
 be ex-officio assessor; a treasurer; a marshal, to be appointed 
 by the board of trustees, who shall be ex-officio tax and license 
 collector; ^. recorder to be appointed by the board of trustees; 
 and such subordinate officers as are hereinafter provided for. 
 (Amendment approved March 9, 1911, Stats. 1911, p. 316. Also 
 amended in 1895, Stats. 1895, p. 266.) 
 
 Elections Terms of Trustees, Appointive Officers. 
 
 852. The members of the board of trustees and the clerk and 
 treasurer shall be elected by the qualified electors of said city or 
 town at a general municipal election. Such a general municipal 
 election shall be held therein on the second Monday in April in 
 each even numbered year. Members of the board of trustees and 
 the clerk and the treasurer shall hold office for the period of four 
 years from and after the Monday next succeeding the day of such 
 election, and until their successors are elected and qualified. The 
 respective terms of the members of the first board of trustees 
 elected under the provisions of this section shall be determined 
 as follows: the two members elected by the highest number of 
 votes shall hold office for four years, and the three members 
 elected by the lowest number of votes shall hold office for two 
 years. In the event that two or more persons should be elected
 
 SIXTH CLASS CITIES 91 
 
 by the same number of votes, the respective terms of each shall 
 be decided by lot. The board of trustees shall appoint the marshal 
 and the recorder; they may also, in their discretion, appoint an 
 attorney, a superintendent of streets, a civil engineer, and such 
 other subordinate officers as in their judgment may be deemed 
 necessary, and fix their compensation. Said officers shall hold 
 office during the pleasure of said board. (Amendment approved 
 April 5, 1919.) 
 
 City of Sonora v. Curtin, 137 Cal. 583, 584; Grieb v. Zemansky, 157 Cal. 
 315, 316; Folsom v. Conklin, 3 Cal. App. 480, 483. 
 
 In absence of express or implied restrictions in charter, cities have 
 
 power to remove officers for cause, without express grant of power. (Croly 
 v. Sacramento, 119 Cal. 234.) 
 
 Article XI, Section 18 of the Constitution, which provides that no city 
 shall incur liability exceeding in any year the income and revenue provided 
 for such year, has no application to the liability of a city for the salary of a 
 municipal officer. (Lewis v. Widber, 99 Cal. 412.) 
 
 The mere appointment or election of a municipal officer for a specified 
 time and salary creates no contractual relation. (Coyne v. Rennie, 97 
 Cal. 590.) 
 
 Making the marshal ex-officio tax collector does not create a new office, 
 and hence the sum due him as marshal pays for his services as tax collector. 
 (Redwood City v. Cruminstein, 68 Cal. 515.) 
 
 municipality. The exclusive method for the removal of such officer is 
 that found in the provisions of sections 758-772 of the Penal Code. (Legault 
 v. Board of Trustees of the City of Roseville, 161 Cal. 197.) 
 
 The board of trustees cannot fix the compensation of an elective officer 
 at such a low figure as to practically destroy the office. (De Merritt v. 
 Weldon, 154 Cal. 545.) 
 
 Election on Adoption of Commission Form of Government. 
 
 852a. The board of trustees may at any time submit to the 
 electors at any municipal or at any special election to be held 
 for that purpose, an ordinance to divide the administration of 
 the municipality into five departments and provide for the assign- 
 ment of its several members to be the heads of such respective 
 departments and to be appointed as the commissioners of such 
 respective departments; provided, that if a department of public 
 health be created the commissioner in charge may be given the 
 powers and duties of the municipal board of health, and such 
 health board be thereby abolished. Such ordinances shall define 
 the duties, powers and responsibilities of each commissioner and 
 may require such commissioner to devote a specified number of 
 hours of each business day to the performance of such duties, 
 in which event such commissioner may receive a compensation, 
 the amount of same to be fixed by said ordinance. The board 
 may, by majority vote, subject to the provisions of this section, 
 assign its several members to be and appoint them as the respective 
 commissioners 6f such several departments and may by like vote 
 from time to time change such assignment and appointment.
 
 92 SIXTH CLASS CITIES 
 
 It may assign employees to one or more departments, and may 
 make such other rules and regulations as may be necessary or 
 proper to the efficient and economical conduct of the business of 
 the municipality. The substance of the ordinance so proposed 
 shall be printed on the ballots used at such election substantially 
 as follows: Shall the administration of the municipality be 
 divided into five departments as follows: (Insert the five depart- 
 ments of government proposed and briefly designate the powers 
 and duties conferred upon each and the compensation each com- 
 missioner or head of department shall receive), "Yes" and "No" 
 so printed in connection therewith that the voters may express 
 their choice. The returns of the election shall be canvassed and 
 declared as at other municipal elections, and if it appears that 
 a majority of the votes cast at such election were in favor of the 
 ordinance, such ordinance shall take effect ai\d be in force on 
 the tenth day thereafter. (New section approved April 10, 1911, 
 Stats. 1911, p. 844.) 
 
 The constitutional provision that the powers of the state shall be divided 
 into legislative, executive and judicial, and that the members of one depart- 
 ment should have no part in the management cf the affairs of the other 
 departments, refers wholly to the state government. (Staude v. Election 
 Commissioners, 61 Cal. 313.) 
 
 Election on Question of Appointment of City Officers. 
 
 852b. The board of trustees may submit to the electors at 
 any municipal election or at any special election to be held for 
 that purpose, the question as to whether the elective officers, 
 or any of them, other than the trustees, shall be appointed by 
 said board, instead of being elected as provided in the preceding 
 section. The question so submitted shall be printed on the 
 ballots used at such election substantially as follows: "Shall 
 
 the board of trustees hereafter appoint the 
 
 (naming the offices) of the city (or town) of ," 
 
 with the word "Yes" and "No," so printed in connection there- 
 with that the voters may express their choice. The returns of 
 the election shall be canvassed and declared as at other muni- 
 cipal elections, and if it appears that a majority of the votes 
 cast on any such proposition were in favor of the appointment 
 of such officers or any of them, then at the expiration of the terms 
 of office of any such officials then in office, and on the occurrence 
 of a vacancy in any such offices, such elective officers, or any of 
 them, for the appointment of whom such majority vote was so 
 cast, shall thereafter be appointed by the board of trustees and 
 hold office during the pleasure of such board. (New section 
 approved April 10, 1911, Stats. 1911, p. 844.) 
 
 Official Bonds. 
 
 853. The clerk, treasurer, and marshal shall* respectively, 
 before entering upon the duties of their respective offices, each
 
 SIXTH CLASS CITIES 93 
 
 execute a bond to such city or town in such penal sum as the 
 board of trustees by ordinance may determine, conditioned for 
 the faithful performance of his duties, including in the same 
 bond the duties of all offices of which he is made by this chapter 
 ex-officio incumbent; such bonds shall be approved by the board 
 of trustees. All bonds, when approved, shall be filed with the 
 clerk, except the bond of the clerk, which shall be filed with 
 the president of the board of trustees. All the provisions of 
 any law of this state relating to the official bonds of officers shall 
 apply to such bonds, except as herein otherwise provided. Every 
 officer of such city, before entering upon the duties of the office, 
 shall take and file with the clerk the constitution and oath of 
 office. 
 
 Making the marshal of a city ex-officio tax collector does not create a 
 new office, and hence for h ; s default as tax collector the sureties on his 
 marshal's bond are liable. (Redwood City v. Cruminstein, 68 Cal. 512.) 
 
 Where a city treasurer pays an illegal warrant, knowing it to be illegal, 
 out of the money set apart for the payment of the warrant substituted for 
 it, whereby the fund of which the latter is payable is exhausted, this is a 
 misappropriation of funds for which the treasurer's sureties are liable. 
 (Preit v. De Montanya, 85 Cal. 148.) 
 
 Under the common law a city treasurer is not liable for money forcibly 
 taken from him by robbers. (Healdsburg v. Mulligan, 113 Cal. 205.) 
 
 A provision of an ordinance requiring a bond by a surety company to 
 the exclusion of private sureties is valid. (In re Cardinal, 170 Cal. 519.) 
 
 Vacancy in Office; How Filled, Absence. 
 
 854. Any vacancy occurring in any of the offices provided for 
 in this act shall be filled by appointment by the board of 
 trustees; but in the event of said board of trustees failing to fill 
 such vacancy by appointment within thirty days after vacancy 
 occurs, they must, if said office be an elective one, immediately 
 after the expiration of said thirty days cause an election to be 
 held to fill said vacancy, provided, however, that any person 
 appointed or elected to fill such vacancy shall hold office only 
 until the next regular election, at which time a person shall be 
 elected to serve for the remainder of such unexpired term. In 
 case a member of the board of trustees is absent from the city 
 for a period of ninety days, unless by permission of -the board 
 of trustees, his office shall by the board of trustees be declared 
 vacant, and the same filled as in the case of other vacancies. 
 (Amendment approved February 15, 1911, Stats. 1911, p. 58.) 
 
 People ex rel. Webster v. Babcock, 123 Cal. 307, 310. 
 
 Trustees, Compensation May Be Granted by Electors. 
 
 855. The members of the board of trustees shall receive no 
 compensation whatever; provided, that in all such cities, the 
 question of whether the members of such board or any of them 
 shall receive any compensation for his services as such, member
 
 94 SIXTH CLASS CITIES 
 
 and the amounts thereof, may be submitted to the qualified 
 electors of such cities at any general election, and if a majority 
 of such electors voting at such election shall vote in favor thereof, 
 then such trustee or trustees shall receive the compensation 
 specified in the call submitting such question at such election; 
 such compensation to begin on the first day of the month next 
 succeeding the canvass of the returns of such election and the 
 amount so fixed shall, from such date, be a regular charge against 
 such city, payable the same as other fixed salaries are paid. 
 Such compensation may be increased or diminished at any general 
 election thereafter, by submission of such question in the same 
 manner and by the same vote as herein provided for the original 
 creation of such compensation. 
 
 The clerk, treasurer, marshal, and recorder shall severally 
 receive, at stated times, a compensation, to be fixed by ordi- 
 nance by the board of trustees, which compensation shall not 
 be increased or diminished after their election, or during their 
 several terms of office. Nothing herein contained shall be con- 
 strued to prevent the board of trustees from fixing such several 
 amounts of compensation in the first instance, during the term 
 of office of any such officer, or after his election. The compen- 
 sation of all other officers shall be fixed from time to time by 
 the board of trustees. (Amendment approved March 6, 1909, 
 Stats. 1909, p. 148.) 
 
 Pritchett v. Stanislaus County, 73 Cal. 310, 312; Mundell v City of Pasa- 
 dena, 87 Cal. 520, 522. 
 
 Election Provisions. 
 
 8^6. All elections in such city or town shall be held in accor- 
 dance with the general election laws of the state, so far as the 
 same may be made applicable, or such election laws as may be 
 provided for municipalities; and no person shall be entitled to 
 vote at such election unless he shall be a qualified elector of the 
 county, enrolled upon the great register thereof, and shall have 
 resided in such city for at least thirty days next preceding such 
 election. The board of trvistees shall give notice of each election, 
 shall appoint a board of election, and fix their compensation; and 
 they shall establish election precincts and polling places, and may 
 change the same. (Amendment approved July 29, 1921.) 
 
 Hammond v. San Leandrp, 135 Cal. 450, 454. 
 
 A regular municipal election "is a general election." Statutes of 1883, 
 page 93, section 4. (People v. Town of Berkeley, 102 Cal. 298.) 
 
 Where the boundary between two election districts divides a ranch so 
 as to leave a bunk house and part of a dining room of the dwelling house 
 in one district, while a larger portion of the dwelling house is in the other 
 district, unmarried laborers employed on the ranch, who sleep in the bunk- 
 house and take their meals in the dining room are authorized to vote in 
 the first district. (Gray v. O'Banion, 23 Cal. App. 468.) 
 
 In view of the provisions of section 1044 and 1151 of the Political Code
 
 SIXTH CLASS CITIES 95 
 
 election officers for a municipal election are not required to be made in 
 accord with the provisions of section 1142 of said code. (Booth v. Mott, 
 169 Cal. 677.) 
 
 A cross on the ballot made with a voting stamp immediately to the 
 right of the name of a candidate but not in the voting square, constitutes 
 a distinguishing mark under section 1205 of the Political Code. (Gray v. 
 O'Banion, 23 Cal. App. 468.) 
 
 Eligibility to Office. 
 
 857. No person shall be eligible to hold the office of trustee 
 in such city, unless he be a resident and elector therein, and shall 
 have resided in such city for one year next preceding the date 
 of his election. (Amendment approved April 16, 1913, Stats. 
 1913, p. 34. Also amended March 14, 1901, Stats. 1901, p. 293.) 
 
 ARTICLE III. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Meetings, Organization, Etc., of Trustees. 
 
 858. The board of trustees shall meet on the Monday next 
 succeeding the date of said general municipal election, shall 
 take the oath of office, shall choose one of their number president, 
 and shall hold regular meetings at least once in each month at 
 such times as they shall fix by ordinance, and may adjourn any 
 regular meeting to a date certain, which shall be specified in 
 the order of adjournment, and when so adjourned, such adjourned 
 meeting shall be a regular meeting for all purposes. Special 
 meetings may be called at any time by the president of the board 
 or by three trustees by written notice delivered to each member 
 at least three hours before the time specified for the proposed 
 meeting; all meetings of the board of trustees shall be held 
 within the corporate limits of the city at such place as may be 
 designated by ordinance and shall be public. (Amendment ap- 
 proved June 3, 1913, Stats. 1913, p. 375.) 
 
 City of Redondo Beach v. Barkley, 151 Cal. 176, 181. 
 
 Where the hour of assembling for an adjourned meeting is not specified 
 in the motion to adjourn, such adjourned meeting is invalid and an ordi- 
 nance passed thereat is void. (Reed v. Wing, 168 Cal. 706.) 
 
 Meetings. 
 
 859. At any meeting of the board of trustees a majority of the 
 trustees shall constitute a quorum for the transaction of business, 
 but a less number may adjourn from time to time, and may compel 
 the attendance of absent members in such manner and under such 
 penalties as may be prescribed by ordinance; and in the absence 
 of all of the trustees from any meeting the clerk may declare the 
 eame postponed and adjourned to a stated day and hour, and must 
 thereupon give to each of the trustees written notice of the time 
 to which the meeting has been adjourned, which notice may be
 
 96 SIXTH CLASS CITIES 
 
 delivered personally to the trustee or may be left at his known 
 residence or place of business at least six hours before the time to. 
 which the meeting has been postponed. The president of the 
 board shall preside at all meetings of the board, and in case of his 
 absence the board may appoint a president pro tempore, and in 
 case of the absence of the clerk, the president or president pro 
 tempore shall appoint one of the members of the board clerk pro 
 tempore. (Amendment approved May 5, 1919.) 
 
 Rules. 
 
 860. The board of trustees shall judge of the qualifications 
 of its members and of all election returns, and determine con- 
 tested elections of all city officers. They may establish rules 
 for the conduct of their proceedings, and punish any member 
 or other person for disorderly behavior at any meeting. They 
 shall cause the clerk to keep a correct journal of all their pro- 
 ceedings, and at the desire of any member shall cause the ayes 
 and noes to be taken on any question, and entered on the journal. 
 
 McGregor v. Trustees Burlingame, 159 Cal. 441, 443, 444, 445, 447. 
 
 Jurisdiction of a city council to hear and determine election contests is 
 not exclusive but merely concurrent to that of the Superior Court. 
 (Dawson v. Superior Court, 13 Cal. App. 582.) 
 
 Franchises and Resolutions to Pay Money. 
 
 861. No ordinance, and no resolution granting any franchise 
 for any purpose, shall be passed by the board of trustees on the 
 day of its introduction, not within five days thereafter nor at 
 any time other than a regular meeting. No resolution or order 
 for the payment of money shall be passed at any other time than 
 a regular meeting. And no such ordinance, resolution, or order 
 shall have any validity or effect unless passed by the votes of 
 at least three trustees. 
 
 A city or town ordinance is a "law of this state" within the meaning of 
 section 435 of the Penal Code. (Ex parte Bagshaw, 152 Cal. 701.) 
 
 An ordinance may adopt certain portions of the Political Code by 
 reference to their number. (San Luis Obispo v. Pettit, 87 Cal. 504.) 
 
 Rules for the construction of ordinances are the same as for statutes. 
 (Yick Wo ex parte, 68 Cal. 303.) 
 
 The legislative body, being the sole judge of the necessities for a police 
 regulation, the same on its face being reasonable, will be so presumed by 
 the courts. (In re Newell, 84 Pac. 226.) 
 
 The constitutional provision that acts of the legislature shall embrace 
 but one object, which shall be expressed in the title, has no application to 
 municipal ordinances. (Ex parte Haskell, 112 Cal. 412.) 
 
 There is no constitutional provision which requires a uniform operation 
 of municipal laws. (Helltnan v. Shoulters, 114 Cal. 136.) 
 
 If one section of an ordinance is void, it will not vitiate the whole ordi- 
 nance if the remaining provisions constitute a complete and valid ordi- 
 nance. (San Luis Obispo Co. v. Greenberg, 120 Cal. 300.) 
 
 Derby v. City of Modesto, 104 Cal. 515, 518, 519, 521.
 
 SIXTH CLASS CITIES 97 
 
 Powers. 
 
 862. The board of trustees of said city shall have power: 
 
 1. To pass ordinances not in conflict with the constitution 
 and laws of this state or of the United States. 
 
 2. To purchase, lease, or receive such real estate situated 
 inside or outside of the city limits and personal property as may 
 be necessary or proper for municipal purposes, and to control, 
 dispose of, and convey the same for the benefit of the city or 
 town; provided, they shall not have power to sell or convey any 
 portion of any water front. 
 
 Brown v. Sebastopol, 153 Cal. 704, 709. 
 
 3. To contract for supplying the city or town with water for 
 municipal purposes, or to acquire, construct, repair, and manage 
 pumps, aqueducts, reservoirs, or other works necessary or proper 
 for supplying water for the use of such city or the inhabitants, or 
 for irrigating purposes therein. 
 
 Subd. 3. Irwin v. Exton, 125 Cal. 622, 626. 
 
 Amendment 1903, p. 93. Gary v. Blodgett, 10 Cal. App. Rep. 463, 465. 
 
 A city of the sixth class owning its own water system may make a contract 
 with a water company to furnish the municipality a bulk supply of water 
 for ten years, under section 862, subdivision 3 of the Municipal Corporation 
 Act. (Marin Water & Power Co. v. Town of Sausalito, 168 Cal. 587.) 
 
 A corporation which was engaged in business on October 10, 1911, of sup- 
 plying a city with gas and electric light has a vested right on that date to 
 occupy the streets for the purpose specified in Article 11, section 19, which 
 right could not be impaired by the amendment of said section. (Matter 
 of Keppelmann, 166 Cal. 770.) 
 
 A city has no authority to require the grantee of a franchise for water 
 to pay part of the gross proceeds as a condition of the franchise, and an 
 ordinance granting a franchise upon such condition is unreasonable. (Town 
 of St. Helena v. Ewer, 26 Cal. App. 191.) 
 
 A water company has no right to charge consumers for the expense of 
 laying service pipes from the main to the consumer. (Title Guarantee & 
 Trust Co. v. Railroad Commission, 168 Cal. 295.) 
 
 Inhabitants of a particular portion of a city may compel reasonable 
 extension of service to them by a water company: the reasonableness is 
 a question of fact to be determined by the court in each particular case. 
 (Lukrawka v. Spring Valley Water Co., 169 Cal. 318.) 
 
 A rule adopted by a municipality which operates a water system that 
 all water rates shall be charged against the property on which it is furnished 
 and against the owner thereof, and that in case of delinquency the water 
 shall be shut off and not turned on again until the payment of the delin- 
 quency, irrespective of any change of the ownership or occupancy of the 
 property, is unreasonable and unauthorized. (Nourse v. City of Lo 
 Angeles, 25 Cal. App. 384.) 
 
 4. To establish, build and repair bridges; to establish, lay 
 out, alter, keep open, "improve, and repair streets, sidewalks, 
 alleys, and other public highways, squares and parks, and places 
 within the city or town, and to drain, sprinkle, oil, and light 
 the same; to remove all obstructions therefrom; to establish the 
 grades thereof; to grade, pave, macadamize, gravel, and curb 
 the same, in whole or in part, and to construct gutters, culverts,
 
 98 SIXTH CLASS CITIES 
 
 sidewalks, and cross-walks therein, or on any part thereof; to 
 cause to be planted, set out, and cultivated shade trees therein; 
 and generally to manage and control all such highways and places; 
 and in the exercises of the powers herein granted to expend in 
 their discretion, the ordinary annual income and revenue of the 
 municipality in payment of the costs and expenses of the whole 
 or any part of such work or improvement. (As amended 1921). 
 
 Hammond v. San Leandro, 135 Cal. 450. 452; Redondo Beach v. Cate, 
 136 Cal. 146. 148. 
 
 Streets are public highways subject to state control. State has a right 
 to grade and repair them. (Tbomason v. Ruggles, 69 Cal. 472 ) 
 
 Streets include sidewalks. (Ex parte Taylor, 87 Cal. 94). 
 
 The state has no proprietary interest in the streets of a city dedicated 
 to the public use. (San Francisco v. Spring Valley Water Co., 47 Cal. 493.) 
 
 As a general rule the fee of the streets, dedicated to public use, is in the 
 owners of the adjoining lands, on each side to the center of the street. 
 (San Francisco v. Spring Valley Water Company, 48 Cal. 493.) 
 
 An offer of dedication must be accepted by the city otherwise the dedi- 
 cation may be revoked. (Myers v. City ot Oceanside, 7 Cal. App. 87.) 
 
 A city's failure to accept offer of dedication does not affect the right of 
 purchasers of lots to the use of streets or parks shown on the recorded map. 
 (Myers v City of Oceanside, 7 Cal. App. 87.) 
 
 Purchasers of lots bounded by streets shown upon a map recorded by 
 the original vendee have a right to the use of such streets against the 
 vendee and all claiming under him. (King v. Dugan, 150 Cal. 258). 
 
 Use of portion of public square as a street dees not make it such. (Cohn 
 v. Porcels, 72 Cal. 370.) 
 
 Use of a street by the public for a reasonable time, where the intention 
 of the owner to dedicate it is clearly shown, is sufficient without any 
 specific action by the municipal authorities to constitute a common law 
 dedication. (People v. Laugenou, 25 Cal App. 44.) 
 
 Abutting owner may maintain ejectment against intruder on street. 
 (Weyl v. Sonoma V. R.*., 69 Cal. 206.) 
 
 Courts cannot interfere with discretion of officers of city in control of 
 streets. (Mutual Electric Light Company v. Ashworth, 118 Cal. 6.) 
 
 Under section 14 of Article 1 of the Constitution a property owner is 
 entitled to recover from the city compensation for the injury done to his 
 property by grading the street to a new grade, and also prevent the doing 
 of the work until the amount of the damage has been ascertained and paid. 
 (Sal la v. City of Pasadena, 162 Cal. 714.) 
 
 City trustees held not liable under the Vrooman Act for injury to a per- 
 son for a defective street due to the negligence of the street superintendent. 
 (Merritt v. McFarland [Cal. App.] 88 Pac. 369.) 
 
 In the absence of a statutory provision declaring otherwise, a municipal 
 corporation in California is not liable for damages for the negligence of 
 its officers or agents in the maintenance or care of streets or bridges; nor 
 when such negligence is committed when engaged in repairing a sewer. 
 (Brunson v. City of Santa Monica, 27 Cal. App. 89.) 
 
 The act of April 26, 1911 (see Stats. 1911, page 1115), relating to the 
 liability of public officers for damages resulting from defects in streets is 
 unconstitutional and void for the reason that the title purports to deal 
 with the liability of public officers and cannot be made to include the 
 municipal corporation itself. (Brunson v. City of Santa Monica, 27 Cal. 
 App. 89.) 
 
 In the absence of a statutory provision permitting it, an action will not 
 lie against a municipal corporation for damages caused by the negligence 
 of its officers, agents or servants in the performance of the public or gov- 
 ernmental duties. (Brunson v. City of Santa Monica, 27 Cal. App. 89.) 
 
 Cities are not liable for injuries caused by the neglect of city officials to 
 keep streets in repair, unless declared so to be in their charters. (Win- 
 bigler v. Los Angeles, 45 Cal. 36.)
 
 SIXTH CLASS CITIES 99 
 
 The obligation of a city to keep streeta in repair is suspended while they 
 are actually undergoing alterations which for the time made them dan- 
 gerous. (James v. San Francisco, 6 Cal. 528.) 
 
 Where a party was injured by falling at night into an excavation made 
 in grading a street, owing to the failure to put lights or guards about the 
 place, the contractor and not the city is liable where the city is compelled 
 to let contract to the lowest bidder. (James v. San Francisco, 6 Cal. 528.) 
 
 A municipality has power to prohibit public speaking in public parks 
 or upon any public street or alley within a defined district. (In re Thomas, 
 10 Cal. App. 375.) 
 
 A city council cannot legalize the location of trees along the street so as 
 to injure the right of egress or ingress. A person may set out trees along 
 the street of sufficient size and number to damage an abutting property 
 owner's means of egress and ingress; he may be required to remove them 
 notwithstanding the municipal authorities may have consented to their 
 setting put (Humphreys v. Dunnells, 21 Cal. App. 312.) 
 
 Provisions in a franchise relating to the paving between tracks is not a 
 limitation of the power of the municipality, but rather a limitation upon 
 the power of the railroad company, and all doubts must Be resolved in 
 favor of the municipality. The railroad company must pave between the 
 tracks for two feet on either side in such manner as the municipal authori- 
 ties may direct, irrespective 'of the terms of the franchise regarding such 
 paving. (Town of St. Helena v. San Francisco N. & C. Railway, 24 Cal. 
 App. 71.) 
 
 A city may require a railway company to do more elaborate work on the 
 foundation and surfacing of the pavement between tracks in order to meet 
 the added strain and stress of traffic, notwithstanding provisions in the 
 franchise of the railroad company requiring the company to keep the same 
 in repair in the same manner as the remainder of the street. (Town of 
 St. Helena v. San Francisco N. & C. Railway, 24 Cal. App. 71.) 
 
 A municipal corporation is not required by the common law to build 
 or maintain a bridge across a stream within its borders or bordering on 
 them. (Coffey v. City of Berkeley, 258 Cal. 170.) 
 
 It is generally the usage and custom to allow openings to be made in the 
 sidewalks of streets, to obtain entrance into the basement, such openings 
 and the coverings thereof being subject to proper municipal regulation. 
 (Rider v. Clark, 132 Cal. 382.) 
 
 The obstruction of a public alley is a public nuisance. (Harness v. Bul- 
 pitt, 1 Cal. App. 140.) 
 
 City may legalize partial obstruction of a sidewalk. (Ex parte Taylor, 
 87 Cal. 94.) 
 
 Legalized obstruction of sidewalks is not a nuisance. (Marini v. Gra- 
 ham, 67 Cal. 130.) 
 
 Where a plot of land is dedicated to general park purposes without any 
 reservation as to its use. purchasers of adjacent lots have a right to assume 
 that such park was only limited to such purposes to which public parks 
 are usually and properly devoted. (Caulfield v. Barwick, 27 Cal. App. 493.) 
 
 An injunction will not lie at the instance of a taxpayer to restrict the 
 board of trustees of a city from placing and maintaining tennis courts, 
 croquet grounds and children's play grounds in a public park on the ground 
 that such amusements might be noisy and disturb the quiet and shock 
 the morals of those residing in the vicinity of the park. (Caulfield v. Ber- 
 .wick, 27- Cal. App. 493.) 
 
 The devotion of a reasonable portion of a public park to tennis courts, 
 croquet grounds and children's play grounds, comes strictly within the 
 proper and legitimate uses for which public parks are created (Caulfield 
 v. Berwick, 27 Cal. App. 493.) 
 
 The uses of land adjacent to the beach by the inhabitants of a city and 
 the public generally for walking, bathing and recreation does not create 
 an easement by prescription in favor of the city. (F. A. Hihn Co. v. City 
 of Santa Cruz, etc., 170 Cal. 436.)
 
 100 SIXTH CLASS CITIES 
 
 5. To construct, establish, and maintain drains and sewers. 
 
 6. To provide fire engines and all other necessary and proper 
 apparatus for the prevention and extinguishment of fires. 
 
 7. To impose on and collect from every male inhabitant be- 
 tween the ages of twenty-one and sixty years, an annual street 
 poll tax, not exceeding two dollars; and no other road poll tax 
 shall be collected within the limits of the city. (Poll tax col- 
 lectible from aliens only by the adoption of Sec. 12, Article XIII 
 to the constitution, in effect Nov. 2, 1920.) 
 
 8. To impose and collect an annual license not exceeding two 
 dollars on every male dog, and four dollars on every female dog 
 owned or harbored within the limits of the city. 
 
 An ordinance authorizing a marshal to seize sheep running at large in 
 its streets, does not justify him in seizing sheep which are being herded 
 by a competent person and are under his control. (Spect v. Arnold, 52 
 Cal. 455.) 
 
 9. To levy and collect annually a property tax, which shall 
 not, without the assent of two-thirds of the qualified electors 
 of such city or town voting at an election to be held for that pur- 
 pose exceed one dollar on each one hundred dollars; provided, 
 however, that in cities which have constructed or may hereafter 
 construct embankments, sea walls, or other works to protect 
 such cities from overflow, said board of trustees may levy and 
 collect annually, a property tax which shall not exceed twenty 
 cents on each one hundred dollars, which, when collected, shall 
 be kept in a separate fund and used for the construction and 
 maintenance of embankments, sea walls, or other works to protect 
 such city from overflow and for no other purpose. 
 
 10. To license, for the purpose of revenue and regulation, all 
 and every kind of business authorized by law and transacted 
 and carried on in such city or town, and all shows, exhibitions, 
 and lawful games carried on therein; to fix the rates of license 
 tax upon the same, and to provide for the collection of the same 
 by suit or otherwise. 
 
 A license fee, in the larger sense of that word, is a tax within Article 6, 
 section 6 of the Constitution. (City of Santa Barbara v. Stearns, 51 Cal. 
 499.) 
 
 A classification of a particular business for the purpose of imposing a 
 graduated license tax thereon, may be based upon the number ot vehicles 
 and animals which are used in the transaction ot the business. (Bramman v. 
 City of Alameda, 162 Cal. 648.) 
 
 The law does not warrant the imposition of a license on those engaged 
 in a certain business solely because of the method they use in making their 
 sales and deliveries, such as automatic slot machines, to the exemption 
 of all engaged in the same business who do not use that method. (Matter 
 of Richardson, 170 Cal. 68.) 
 
 License for regulation, and license for revenue, defined and distinguished 
 in re Guerrero, 69 Cal. 91. 
 
 "License proper" defined and distinguished from "license tax." (San 
 Francisco v. Insurance Co. 74 Cal. 122.)
 
 SIXTH CLASS CITIES 101 
 
 A license tax is not a penalty but a debt. (San Luis Obispo v. Greenberg. 
 120 Cal. 305.) 
 
 License tax devoid of regulatory provisions is a tax for revenue only. 
 (Ex parte Baum, 141 Cal. 206.) 
 
 Licenses for regulation are in exercise of the police power, whereas 
 licenses for revenue are in exercise of the taxing power. (In re Guerrero, 
 69 Cal. 88.) 
 
 License laws are presumed to be reasonable unless the contrary appears 
 on the face of the law itself. (In re Guerrero, 69 Cal. 95.) 
 
 A single act does not constitute a business, and when a sale is but an 
 incident in the final act of another business, it cannot be said to be the bus- 
 iness which is carried on or being transacted. (Merced County v. Helm, 
 102 Cal. 159.) 
 
 An ordinance which fixes the license of a peddler of meats "from a vehi- 
 cle" at $75.00 per quarter, and the license of all other peddlers at $10.00, 
 irrespective of the commodity peddled is valid. (Ex parte Heylman, 92 
 Cal. 492.) 
 
 A license tax imposed by municipal ordinance on insurance agents is a 
 tax against the corporation in violation of section 14 of Article 13 of the 
 Constitution. (Hughes v. City of Los Angeles, 168 Cal. 764.) 
 
 An ordinance regulating license fee for "kenetescope" without otherwise 
 specifying "moving pictures" specifies the character of the business with 
 sufficient clearness. (Laurelle v. Bush, 17 Cal. App. 409.) 
 
 Money if illegally or erroneously collected for licenses cannot be recov- 
 ered if voluntarily paid. (O'Brien v. Colusa County, 67 Cal. 503.) 
 
 An ordinance imposing a license tax on merchants graduated according 
 to the amount of monthly sales, and imposing a prohibitory license tax 
 eight times the maximum tax authorized, on merchants issuing trading 
 stamps, is unreasonable and invalid. (Ex parte McKenna, 126 Cal. 429.) 
 
 The mere fact that the business of carrying passengers is not within the 
 municipal limits does not make the receiving and discharging of them and 
 for contracting them less a business in the city. (Sacramento v. California 
 Stage Co., 12 Cal. 134.) 
 
 A board of city trustees, if it has statutory power, may impose an addi- 
 tional license tax for revenue upon the business of an attorney-at-law, but 
 it has no power to regulate the practice of law, nor to issue a license therefor 
 under the police power. (City of Sonora v. Curtin, 137 Cal. 583.) 
 
 Ordinance is not unreasonable or unjust because it makes the amount 
 of license depend upon the amount of business transacted. (San Luis 
 Obispo v. Greenberg, 120 Cal. 304.) 
 
 Supervisors may prohibit or regulate all occupations against good morals, 
 public order or decency or dangerous to public safety. (Yick Wo, ex parte, 
 68 Cal. 299.) 
 
 11. To improve the rivers and streams flowing through such 
 city or adjoining the same; to widen, straighten, and deepen the 
 channels thereof, and remove obstructions therefrom; to 
 improve the water front of the city; including the ocean front 
 thereof, and to build and construct breakwaters, jetties, and sea 
 wall; to construct and maintain embankments and other works, 
 to protect such city from overflow; and to acquire, own, con- 
 struct, maintain, and operate on any lands bordering on any 
 navigable bay, lake, inlet, river, creek, slough, or arm of the 
 sea within the corporate limits of such city or contiguous thereto, 
 wharves, chutes, piers, breakwaters, bathhouses, and life-saving 
 stations. (Amendment in effect July 29, 1921). 
 
 Amendment 1891, p. 233, City of San Pedro v. Southern Pac. R. Co., 
 101 Cal. 333, 336.
 
 102 SIXTH CLASS CITIES 
 
 12. To erect and maintain buildings for. municipal purposes, 
 and to acquire and maintain cemeteries, situated outside or 
 inside of said city. 
 
 13. To acquire, own, construct, maintain, and operate street 
 railways, telephone and telegraph lines, gas and other works for 
 light, power, and heat; public libraries, museums, gymnasiums, 
 parks, and baths, and to grant franchises for the construction of 
 public utilities as they may deem -proper, the laying of railroad 
 tracks and the running of cars drawn by horses, steam, or other 
 power thereon, and the laying of gas and water pipes, in the 
 public streets, and to permit the construction and maintenance 
 of telegraph and telephone lines therein. 
 
 Amendment 1903, p. 93. Arcata v. Green, 156 Cal. 759. 
 
 Under section 862 of the Municipal Corporation Act a city of the sixth 
 class has authority to furnish inhabitants for private use as well as the gen- 
 eral public with electric light. (Gary v. Blodgett, 10 Caj. App. 463.) 
 
 In operating an electric light plant a city is not exercising governmental 
 functions, hence is liable for damages caused by the negligence of its em- 
 ployees in the operation of a plant. (Davoust v. City of Alameda, 84 Pac. 
 760.) 
 
 14. To impose fines, penalties, and forfeitures for any and all 
 violations of ordinances; and for any breach of violation of any 
 ordinance; to fix the penalty by fine or imprisonment, or both; 
 but no such fine shall exceed three hundred dollars, nor the term 
 of imprisonment exceed three months. 
 
 15. To cause all persons imprisoned for violation of any ordi- 
 nance to labor on the streets, or other public property, or works 
 within the city. 
 
 16. To establish and maintain fire limits, and regulate build- 
 ing and construction and removal of buildings within the muni- 
 cipality. 
 
 Board of trustees may render it unlawful to erect a tent or other movable 
 structure in the fire limits. (In re Newell, 2 Cal. App. 767.) 
 
 A municipal corporation, in the exercise of its police power may subject 
 a school district erecting a school building within its corporate limits, but 
 which also constitutes territory of a school district, to the regulations of 
 its building ordinances. (Pasadena School District v. City of Pasadena, 
 7 Cal. 166.) 
 
 16a. To regulate the construction of and the materials used 
 in all buildings, chimneys, stacks and other structures; to prevent 
 the erection and maintenance of insecure or unsafe building walls, 
 chimneys, stacks, or other structures, and to provide for their 
 summary abatement, destruction, or removal; to provide for 
 the abatement, destruction or removal of unsightly or partially 
 destroyed buildings; to regulate the materials used in and the 
 method of construction of foundations and foundation walls, the 
 mariner of construction and location of drains and sewers, the 
 materials used in wiring buildings or other structures for the 
 use of electricity for lighting, power, heat or other purposes and
 
 SIXTH CLASS CITIES 103 
 
 materials used for piping buildings or other structures for the 
 purpose of supplying the same with water, gas, or electricity, 
 and the manner of so doing; to prohibit the construction of 
 buildings and structures which do not conform to such regula- 
 tions. 
 
 A municipality has the right to regulate the business of operating a stone 
 crusher within its limits. (Application of Throop, 93 Cal. 169.) 
 
 A municipality cannot permit the operation of a stone crusher in a district 
 surrounded by a poorer class of residences and restrict it in a district occupied 
 by more pretentious residences. (Application of Throop, 93 Cal. 169.) 
 
 A city in the exercise of its police power, has the right to regulate the 
 business of brick making by restricting the location in which it may be 
 followed. The fact that the business is not a nuisance is immaterial. 
 (Ex parte Hadacheck, 165 Cal. 416.) 
 
 An ordinance requiring applicant for permission to build a livery stable 
 to secure the written consent of the owners of property within 200 feet of 
 the proposed stable is unreasonable and void. (Coon v. Board of Public 
 Works, 7 Cal. App. 760.) 
 
 An ordinance prohibiting the erection or maintenance of gas works 
 within certain limits, is valid. (Dobbins v. City of Los Angeles, 139 Cal. 
 179.) 
 
 A city ordinance prohibiting the slaughter of animals or the erection of ' 
 a slaughter house within the city limits is constitutional. (Ex parte 
 Heilbron, 65 Cal. 609.) 
 
 Ordinance restricting laundries to certain parts of the city is a valid exer- 
 cise of police power. (Hang Kie, in re, 69 Cal. 150.) 
 
 An ordinance prohibiting the operation of a shoddy or carpet-beating 
 machine within 100 feet of a church, school house or residence, is reasonable. 
 (Ex parte Lacey. 108 Cal. 326.) 
 
 An ordinance prohibiting further purchase of burial lots, but permitting 
 further burials in lots theretofore acquired for such purpose is invalid, 
 because, so long as burials are permitted in a prescribed district the privi- 
 lege cannot be limited to one class of citizens therein. (Ex parte Bohem, 
 115 Cal. 372.) 
 
 16b. To regulate the exhibition, posting or carrying of ban- 
 ners, placards, posters, cards, pictures, signs or advertisements 
 in or on the street, or on or upon buildings, fences, billboards or 
 other structures; or on or upon any pole in any sidewalk, alley, 
 street, lane, court, park or other public place; to regulate the 
 suspension of banners, flags, signs, advertisements, posters, 
 pictures, or cards across or over any sidewalk, alley, street, 
 lane, court, park, or other public place, or such suspension from 
 fences, poles, houses, or other structures; to prohibit and prevent 
 encroachments upon or obstruction in or to any sidewalks, street, 
 alley, lane, court, park or other public place, and to provide for 
 the removal of such encroachment or obstruction. 
 
 16c. To compel the owner, lessee, or occupant of buildings, 
 grounds, or lots to remove dirt, rubbish, weeds and rank growths 
 from the sidewalk opposite thereto, and from the buildings or 
 grounds, and on his default, after such notice as the board of 
 trustees may prescribe, to authorize the removal or destruction 
 thereof by some officer of the city at the expense of such owner, 
 lessee or occupant, and by such procedure as the board of trustees
 
 104 SIXTH CLASS CITIES 
 
 may prescribe, to make such expense a lien upon such buildings 
 or grounds. (Amendment in effect July 29, 1921.) 
 
 17. To issue subpoenas for the attendance of witnesses, or 
 the production of books or other documents, for the purpose of 
 producing evidence or testimony in any action or proceeding 
 pending before the board of trustees, which subpoenas must be 
 signed by the president of the board of trustees, and attested 
 by the city clerk and may be served in the same manner as sub- 
 poenas are served in civil actions. Whenever any person duly 
 subpoenaed to appear and give evidence, or to produce any books 
 or any documents as herein provided, shall neglect or refuse to 
 appear, or to produce such books or documents, as required by 
 such subpoena, or shall refuse to testify before such board, or 
 to answer any questions which a majority thereof shall decide 
 to be proper and pertinent, it shall be the duty of the president 
 of the board to report the fact to the judge of the superior court 
 of the county, who shall thereupon issue an attachment in the 
 form usual in the court of which he shall be judge, directed to 
 the sheriff of the county where such witness was required to 
 appear and testify, commanding the said sheriff to attach such 
 person, and forthwith bring him before the judge by whose order 
 such attachment was issued. On the return of the attachment 
 and the production of the body of the defendant, the said judge 
 shall have jurisdiction of the matter, and the person charged 
 may purge himself of the contempt in the same way, and the 
 same proceedings shall be had, and the same penalties may be 
 imposed, and the same punishment inflicted as in the case of a 
 witness subpoenaed to appear and give evidence on the trial of 
 a civil cause before a superior court. 
 
 18. To expend such sum as the board of trustees shall deem 
 proper, not to exceed five per cent of the property tax levy in 
 any one fiscal year, for music and promotion. 
 
 19. To do and perform any and all other acts and things neces- 
 sary or proper to carry out the provisions of this act. 
 
 Municipal corporations can exercise only those powers granted in express 
 words, or those necessarily or fairly implied or incident to powers expressly 
 granted, or those indispensable to the declared objects and purposes of the 
 corporation, and any reasonable doubt concerning the existence of the power 
 is to be resolved against the municipal corporation. (Von Schmidt v. 
 Widber, 105 Cal. 151.) 
 
 If a city has power to perform an act it may be ratified an act defectably 
 performed and cannot ratify an act which would not have been done 
 originally. (Lucas v. San Francisco, 7 Cal. 463.) 
 
 A municipal corporation may, for proper corporate purposes, hold 
 property and perform contracts beyond the municipal boundaries. 
 (Hewitt v. San Jacinto, 124 Cal. 186.) 
 
 An ordinance of a municipality limiting the hours of labor in public 
 laundries to the period between seven o'clock in the morning and six 
 o'clock at night is reasonable and constitutional. (In re Wong Wing, 167 
 Cal. 109.)
 
 SIXTH CLASS CITIES 105 
 
 Where the mode in which the power on any given subject can be exer- 
 cised as prescribed by the charter, that mode must be followed. It con- 
 stitutes the measure of power. (Zottman v. City and County of San 
 Francisco, 20 Cal. 92.) 
 Delegation of Power. 
 
 An ordinance vesting discretion in a board to deny permits to run pool 
 halls held valid. (Gortino v. McAleer, 88 Pac. 991.) 
 
 A provision in a municipal contract "that said hose (the goods con- 
 tracted for) must be satisfactory to the chief of the fire department, and 
 accepted by him, before the city becomes liable for the same" is not an 
 unconstitutional delegation of power. (Goodyear Rubber Co. v. Eureka, 
 135 Cal. 613.) 
 
 A city council cannot delegate to a board of plumbing inspectors the 
 duty of examining and issuing licenses to plumbers, as that duty is imposed 
 upon the board of health of the city by the general law of the state. (Ex 
 parte Gray, 11 Cal. App. 125.) 
 
 S. 862. Ex parte Campbell, 74 Cal. 20, 26; Bishop v. Superior Court, 87 
 Cal. 226, 231; Montgomery v. City of Santa Ana N. R. Co., 104 Cal. 186, 192; 
 Ex parte Lemon, 143 Cal. 558, 560-563; City of Redlands v. Brook, 151 Cal. 
 474, 477; Barter v. Barkley, 158 Cal. 742, 745; Rapp v. Kiel, 159 Cal. 702, 707; 
 Clark v. Los Angeles, 160 Cal. 30, 36; Merced Falls Gas, Etc., Co. v. Turner, 
 2 Cal. App. 720, 722; Board Library Trustees Hanford v. Hanford, 2 Cal. 
 App. 760, 763; South Yuba W. Co. v. Auburn, 16 Cal. App. 774. 779. 
 
 Amendment 1885, p. 127. In re Lawrence, 69 Cal. 608, 610; South Pasadena 
 v. Terminal R. Co., 109 Cal. 315, 319; Redondo Beach v. Cate, 136 Cal. 146, 
 148; Ex parte Jackson, 143 Cal. 564-574. 
 
 Amendment 1897, p. 175. Redondo Beach v. Cate, 136 Cal. 146, 148. 
 
 Amendment 1903, p. 93. Ex parte Jackson, 143 Cal. 564, 566, 572; Cole- 
 grove W. Co. v. City of Hollywood, 151 Cal. 425, 430; Matthews v. Town of 
 Livermore, 156 Cal. 294, 295; Board of Library Trustees v. Board of 
 Trustees, 2 Cal. App. 760, 763; Ex parte Magensen, 5 Cal. App. 596, 598. 
 
 Amendment 1909, p. 420. Harter v. Barkley, 158 Cal. 742, 745. 
 
 862a. In any city of the sixth class the board of trustees shall 
 have power: 
 
 (a) To establish and maintain a municipal hospital. 
 
 (b) To prescribe rules for the goyernment and management 
 thereof and the terms upon which patients may be admitted 
 thereto. 
 
 (c) To appoint and fix the compensation of physicians, sur- 
 geons and other necessary officers and employees of the hospital 
 who shall hold their positions during the pleasure of the board of 
 trustees. 
 
 (d) To acquire any and all property, real or personal, by 
 purchase or donation, and construct and equip such buildings as 
 the board may deem necessary and suitable for the proper conduct 
 of the hospital. In receiving any donation of money, the city may 
 agree to pay the donor or donors interest upon the principal at a 
 rate not exceeding seven per cent per annum during the lifetime of 
 the donors, or of any of them, or of the survivor, but not exceeding 
 a period of forty years, and without repayment of the principal 
 or any part thereof. In the case of the incurring of such indebted- 
 ness in favor of donors, the indebtedness shall be incurred and 
 means for the payment thereof shall be provided in the manner
 
 106 SIXTH CLASS CITIES 
 
 prescribed by the provisions of the act entitled, "An act authoriz- 
 ing the incurring of indebtedness by cities, towns and municipal 
 corporations for municipal improvements, and regulating the 
 acquisition, construction, and completion thereof," in effect' 
 February 25, 1901, as amended, so far as the same may be appli- 
 cable; provided, however, that the ordinance calling the election 
 shall not contain any statement as to bonds that are to be issued, 
 but shall in general terms describe the proposed donation, the 
 purpose for which it is to be used, and the terms upon which the 
 same is to be made and accepted. 
 
 (e) To levy and collect annually a property tax for the main- 
 tenance of the hospital which shall not in any one year exceed the 
 cost of the care of indigent patients and the interest charge upon 
 any donation accepted in accordance with the provisions of sub- 
 division (d) of this section. (Amendment approved May 22, 1919.) 
 
 Enacting Clause. 
 
 863. The enacting clause of all ordinances shall be as follows: 
 
 "The 'board of trustees of the city (or town) of do 
 
 ordain as follows": Every ordinance must be signed by the 
 president of the board of trustees and attested by the clerk and 
 must be published by said board at least once in a newspaper of 
 general circulation published and circulated in such city or town; 
 provided, that if there be no such newspaper published and cir- 
 culated in such city or town, then all ordinances must be posted 
 in at least three public places therein; provided, further, that in 
 all cities or towns which have been incorporated less than one 
 year, all ordinances may be either published or posted as afore- 
 said, as the board of trustees may determine; and provided, 
 further, that in no case shall the price charged for such publication 
 of any ordinances exceed the customary rate charged by such 
 newspaper for the publication of legal notices of a private char- 
 acter. (Amendment in effect July 31, 1917.) 
 
 An expression "final passage" of an ordinance has reference only to the 
 favorable consideration by the council, as distinct from going into effect 
 after publication; the expression "finally adopted" is synonymous. 
 (Solomon v. Alexander, 161 Cal. 23.) 
 
 The fact that an ordinance is not published in black-faced type as directed 
 by section 4459 of the Political Code is not of sufficient importance to in- 
 validate such ordinance. (Clark v. City of Los Angeles, 160 Cal. 30.) 
 
 The publication of an amendatory ordinance, separate and complete in 
 itself, is sufficient without republishing the original ordinance. (Ex parte 
 Christensen, 85 Cal. 210.) 
 
 The requirement that a city shall publish all ordinances for ten days is 
 directory merely, and such publication is not a condition precedent to 
 their taking effect. (Sacramento v. Dillman, 102 Cal. 107.) 
 
 City of Redondo Beach v. Barkley, 151 Cal. 176, 181. 
 
 Demands. 
 
 864. All demands against such city or town shall be presented
 
 SIXTH CLASS CITIES 107 
 
 to and audited by the board of trustees, in accordance with such 
 
 regulations as they may by ordinance prescribe; and upon the 
 
 allowance of any such demand, the president of the board shall 
 
 draw a warrant upon the treasurer for the same, which warrant 
 
 shall be countersigned by the clerk, and shall specify for what 
 
 purpose the same is drawn, and out of what fund it is to be paid. 
 
 Under Section 864 of the Municipal Corporation Act all demands must 
 
 first be presented to the trustees in order to support an action. (Adams v. 
 
 City 9f Modesto, 61 Pac. 957.) 
 
 It is no defense to an action against a city that the claim was not pre- 
 sented to or acted on by the city council, the charter nowhere requiring 
 it. (Gill y. City of Oakland, 124 Cal. 335.) 
 
 A municipal corporation if authorized by law, may compromise a valid 
 claim against it. (People ex rel Southern Pacific R. R. Co. v. San Francisco 
 Supervisors, 27 Cal. 655.) 
 
 The decision of the board of trustees on the validity of a claim is binding 
 on the clerk. (McConoughey v. Jackson, 101 Cal. 265.) 
 
 There is no priority right among claimants. (Higgins v. San Diego, 
 131 Gal. 294.) 
 
 Adams v. City of Modesto, 131 Cal. 501 t 502; South Yuba W. Co. v. 
 Auburn, 16 Cal. App. 775, 780. 
 
 Indebtedness Not to Exceed Available Funds. 
 
 865. The board of trustees shall not create, audit, allow, or 
 permit to accrue, any debt or liability in excess of the available 
 money in the treasury that may be legally apportioned and 
 appropriated for such purposes; provided, that any city or town 
 during the first year of its existence under this act may incur 
 such indebtedness or liability as may be necessary, not exceeding 
 in all the income and revenue provided for it in such year; nor 
 shall any warrant be drawn, or evidence of indebtedness be issued, 
 unless there be at the time sufficient money in the treasury legally 
 applicable to the payment of the same, except as hereinafter 
 provided. 
 
 No liability can be paid out of income of any future year. (San Fran- 
 cisco G. Co. v. Brickwedel, 62 Cal. 649.) 
 
 The contract lor future annual payments for a sewer farm is not a present 
 liability, and therefore not obnoxious to the provision that contracts for 
 indebtedness in excess of the revenue of each year are void. (McBean v. 
 Fresno, 112 Cal. 159.) 
 
 A taxpayer can maintain an action against the members of the city 
 council to compel them to pay into the city treasury the amount of expendi- 
 tures illegally made by them. (Osburn v. Stone, 170 Cal. 480.) 
 
 Rice v. Board of Trustees, 107 Cal. 398, 400. 
 
 Incurring Excess Decided by Vote. 
 
 866. (Repealed April 16, 1913, Stats. 1913, p. 33.) 
 
 City of Redlands v. Brook, 151 Cal. 474, 477; In re Baxter, 3 Cal. App. 
 716, 721. 
 
 Incarceration. 
 
 867. The violation of any ordinance of such city or town shall 
 be deemed a misdemeanor, and may be prosecuted by the
 
 108 SIXTH CLASS CITIES 
 
 authorities of such city or town in the name of the people of the 
 State of California, or may be redressed by civil action, at the 
 option of said authorities. Any person sentenced to imprison- 
 ment for the violation of an ordinance may be imprisoned in the 
 jail for such city or town; or if the board of trustees by ordinance 
 shall so prescribe, in the county jail of the county in which such 
 city or town may be situated, in which case the expense of such 
 imprisonment shall be a charge in favor of such county and against 
 such city or town. 
 
 Maximum penalty must be fixed and not left to the discretion of the 
 judge. (In re AT You, 88 Cal. 101.) 
 
 Municipal ordinances must be reasonable and penalties prescribed for 
 their violation should be reasonable. (Ar You, In re, 88 Cal. 101.) 
 
 Ex parte Bagshaw, 152 Cal. 701, 704. 
 
 Amendment 1905, p. 73. (Ex parte Bagshaw, 152 Cal. 701, 704.) 
 
 Nuisances. 
 
 868. The board of trustees shall have the power to declare 
 what constitutes a nuisance, and to provide for the summary 
 abatement of any nuisance at the expense of the person creating, 
 causing, committing or maintaining such nuisance, and shall have 
 the power by ordinance to make the expense of abatement of 
 nuisances a lien against the property on which a nuisance is main- 
 tained, as well as to make such expense a personal obligation 
 against the owner of such property. Said board of trustees shall 
 also have power by ordinance to require and provide for the 
 removal of grass, weeds or other obstructions from the sidewalks, 
 parkings or streets and to make the cost thereof a lien or charge 
 upon the abutting property and to make provision for the enforce- 
 ment of such lien by the sale of property or otherwise; and said 
 hoard likewise shall have power by ordinance to require or provide 
 for the removal from property, lands, or lots of all weeds, rubbish 
 or other material which may endanger or injure neighboring 
 property or the health or welfare of residents of the vicinity, 
 and to make the cost thereof a lien and charge upon such property, 
 lands or lots and make provision for the enforcement of such 
 lien by the sale of such property, lands or lots or otherwise. 
 (Amendment approved May 4, 1915, Stats. 1915, p. 331.) 
 
 731. C. C. P. Nuisance Defined, and Actions for. An action may be 
 brought by any person whose property is injuriously affected, or whose 
 personal enjoyment is lessened by a nuisance, as the same is defined in 
 section thirty-four hundred and seventy-nine of the Civil Code, and by 
 judgment in such action the nuisance may be enjoined or abated as well 
 as damages recovered therefor. A civil action may be brought in the name 
 of the people of the State of California to abate a public nuisance, as the 
 same is defined in section thirty-four hundred and eighty of the Civil Code, 
 by the district attorney of any county in which such nuisance exists, or 
 by the city attorney of the town or city in which such nuisance exists, and 
 each of said officers shall have concurrent right to bring such action for a 
 public nuisance existing within a town or city, and such district attorney.
 
 SIXTH CLASS CITIES 109 
 
 or city attorney, of any county or city, in which such nuisance exists must 
 bring such action whenever directed by the board of supervisors of such 
 county or whenever directed by the legislative authority of such town or 
 city. 
 
 People v. Wing, 147 Cal. 379, 381. 
 
 Cost of Street Work Assessed on Fronting Property. 
 
 869. (Repealed April 16, 1913, Stats. 1913, p. 33.) 
 
 Right-of-Way. 
 
 870. Whenever it shall become necessary for the city or town 
 to take or damage private property for the purpose of establish- 
 ing, laying out, extending and widening streets and other public 
 highways and places within the city or town, or for the purpose 
 of rights-of-way for drains, sewers and aqueducts, and for the 
 purpose of widening, straightening or diverting the channels of 
 streams, or the improvement of waterfronts, or the acquisition 
 or maintenance of public harbors, the trustees may direct pro- 
 ceedings to be taken under section 1237 and following sections, 
 to and including section 1263 of the Code of Civil Procedure, to 
 procure the same. (Amendment approved February 20, 1901, 
 Stats. 1901, p. 12.) 
 
 Bishop v. Superior Court, 87 Cal. 226, 231; Pasadena v. Stimson, 91 Cal. 
 238, 247, 248; City of Tulare v. Hevren, 126 Cal. 226, 231; Johnson v. Good- 
 year Min. Co., 127 Cal. 4, 16, 17, 78 Am. St. Rep. 17; 47 L. R. A. 338. 
 
 Amendment 1889, p. 371. Void as special, City Pasadena v. Stimson, 
 91 Cal. 238. 
 
 Bridge Connecting City with Road District. 
 
 870a. Whenever the city trustees shall deem it necessary for 
 the city or town to construct a bridge connecting the municipal 
 corporation with an adjoining road district and it shall become 
 necessary in constructing such bridge to take or damage private 
 property within or without or within and without the corporate 
 limits of said city or town, the trustees of said city or town may, 
 by resolution, declare the necessity thereof and direct and main- 
 tain proceedings for that purpose under the Title VII of Part III 
 of the Code of Civil Procedure. (New section approved Febru- 
 ary 4, 1913, Stats. 1913, p. 10.) 
 
 Levy of Taxes. 
 
 871. The board of trustees shall have the power, and it shall 
 be their duty, to provide by ordinance a system for the assess- 
 ment, levy, and collection of all city or town taxes not inconsistent 
 with the provisions of this chapter. All taxes shall be collected 
 by the marshal or treasurer, as may be determined by the board 
 of trustees by ordinance. All taxes assessed, together with any 
 percentage imposed for delinquency and the costs of collection, 
 shall constitute liens on the property assessed; every tax upon
 
 110 SIXTH CLASS CITIES 
 
 personal property shall be a lien upon the real property of the 
 owner thereof. The liens provided for in this section shall attach 
 as of the first Monday in March of each year, and may be enforced 
 by a sale of the real property affected, and the execution and 
 delivery of all necessary certificates and deeds therefor, under 
 such regulation as may be prescribed by ordinance, or by action 
 in any court of competent jurisdiction to foreclose such liens; 
 provided, that any property sold for such taxes shall be subject 
 to redemption within five years and upon the terms provided or 
 that may hereafter be provided for the redemption of property 
 sold for state taxes. All deeds made upon any sale of property 
 for taxes or special assessments under the provisions of this 
 chapter shall have the same force and effect in evidence as is 
 or may hereafter be provided by law for deeds for property sold 
 for non-payment of state taxes. (Amendment approved March 8, 
 1905, Stats. 1905, p. 89.) 
 
 (Section 3 of the act amending this section and section 773 is 
 as follows:) 
 
 3. This act shall not repeal, or in any manner affect, modify, 
 or interfere with the provisions of an act entitled "An act to 
 provide for the levy and collection of taxes by and for the use 
 of municipal corporations and cities incorporated under the laws 
 of the state of California, except municipal corporations of the 
 first class, and to provide for the consolidation and abolition 
 of certain municipal offices, and to provide that their duties may 
 be performed by certain officers of the county, and fixing the 
 compensation to be allowed for such county officers for the services 
 so rendered to such municipal corporations," approved March 27, 
 1895; or any of the provisions of an act entitled "An act to provide 
 for the levy and collection of taxes by and for the use of municipal 
 corporations and cities incorporated under the laws of the state, 
 except municipal corporations of the first, second, third and 
 fourth classes, and cities operating under a charter framed under 
 Section 8, Article II of Constitution," approved March 2, 1891. 
 
 A municipal corporation cannot tax its own property. (Low v.. Lewis, 
 46 Cal. 549.) 
 
 Land within a city although used solely for agricultural purposes is sub- 
 ject to municipal taxation at uniform rate. (Town of Dixon v. Mayes, 
 72 Cal. 166.) 
 
 Under a city ordinance providing for assessing and collecting city taxes 
 in the manner prescribed by Political Code, Title 9, Part 3, authority is 
 given to levy taxes. (San Luis Obispo v. Pettit, 87 Cal. 499.) 
 
 Where the marshal is constituted ex-officio collector of taxes, an ordi- 
 nance providing that the city attorney shall after a certain date collect 
 delinquent tax, is void. (Placerville v. Wilcox, 35 Cal. 21.) 
 
 Time of delinquency must be fixed in the ordinance before an action 
 will lie for municipal taxes. (San Leandro v. Le Breton, 72 Cal. 170.) 
 
 In the sale of land for delinquent taxes, the requirement that the notice 
 should be mailed to the last known postoffice address of the owner, is not 
 shown by a recital in the deed that it was mailed "to the party to whom
 
 SIXTH CLASS CITIES 111 
 
 the land was last assessed next to such sale." Such sale and deed therefore 
 are void. (Carroll v. Bostwick, 22 Cal. App. 147.) 
 
 Where the name of the person assessed appeared on the assessment roll 
 as E. W. Davis and recital in a tax deed that the name of such person was 
 E. W. Davies renders the deed void. (Henderson v. De Turk, 164 Cal. 296.) 
 
 A tax levied for the payment of interest on the redemption of bonds 
 which had not yet been sold or contracted to be sold at the time of the levy 
 is unlawful, and the amount may be recovered under section 3804 or 3819 
 of the Political Code. (Connelly v. City and County of San Francisco, 
 164 Cal. 101.) 
 
 In the absence of fraud on the part of the assessor, his method of arriving 
 at the valuation of property is a matter entirely of his determination. 
 (Kern River Co. v. County of Los Angeles, 164 Cal. 751.) 
 
 Where a taxpayer has appealed to the board of equalization to correct 
 the alleged inequalities in his assessment, the refusal of the board to reduce 
 the assessment, is, in the absence of fraud, conclusive upon the courts. 
 (Kern River Co. v. County of Los Angeles, 164 Cal. 751.) 
 
 Money paid under protest on property not liable to assessment may be 
 recovered, notwithstanding no application is made for correction of the 
 assessor's error before the period of equalization has passed. (Brenner v. 
 City of Los Angeles, 160 Cal. 72.) 
 
 When a tax collector has issued a tax deed, which is defective in not 
 conforming in its recitals to the facts, he has power without special author- 
 ization to execute a second and corrected deed reciting the facts. (Webster 
 v. Somer, 159 Cal. 459.) 
 
 The market value of the stock of a corporation on a given day is syn- 
 onymous with the "full cash value" as defined by section 3617 of the Political 
 Code, and in the absence of extraordinary conditions the assessor may 
 take its market value on the first Monday in March as representing its full 
 cash value. (City of Los Angeles v. Western Union Oil Co., 161 Cal. 204.) 
 
 Under Section 14 of Article 13 of the Constitution, a public service cor- 
 poration engaged in the business of selling gas and electricity is exempt 
 from payment of a license tax on its motor vehicles. (Pacific Gas & Elec- 
 tric Co. v. Roberts, 168 Cal. 420.) 
 
 The omission of the dollar mark from an assessment roll makes the 
 assessment and tax sale based thereon void. (Secombe v. Louis Phillips 
 Estate, 162 Cal. 161.) 
 
 Equalization. 
 
 872. The board of trustees shall meet at their usual place of 
 holding meetings on the second Monday of August of each year, 
 at 10 o'clock in the forenoon of said day, and sit as a board of 
 equalization, and shall continue in session from day to day until 
 all the returns of the assessor have been rectified. They shall 
 have power to hear complaints, and to correct, modify, or strike 
 out any assessment made by the assessor, and may, of their own 
 motion, raise any assessment, upon notice to the party whose 
 assessment is to be raised. The corrected list for each tax shall 
 be the assessment roll for said tax for said year. It shall be 
 certified by the clerk, who shall act as clerk of the board of equal- 
 ization, as being the assessment roll for said tax, and shall be 
 the assessment roll upon which such tax is to be levied in said 
 year. 
 
 City of Escondido v. Wohlford, 153 Cal. 40, 41, 43; City of Escondido 
 v. Escondido L. H. & G. Co., 8 Cal. App. 435, 437. 
 
 Construction of Act. 
 
 873. Nothing in this chapter contained shall be construed to
 
 112 SIXTH CLASS CITIES 
 
 prevent any city or town having a bonded indebtedness, con- 
 tracted under the laws heretofore passed, from levying and col- 
 lecting such taxes for the payment of such indebtedness, and 
 the interest thereon, as are provided for in such laws, in addition 
 to the taxes herein authorized to be levied and collected. All 
 moneys received from licenses, street poll tax, and from fines, 
 penalties, and forfeitures, shall be paid into the general fund. 
 Public Work to Be Done by Contract By Day Labor Emergency 
 Expenditures City Printing. 
 
 874. In the erection, improvement, and repair of all public 
 buildings and works, in all street and sewer work, and in all work 
 in or about streams, bays, or waterfronts, or in or about embank- 
 ments, or other works for protection against overflow, and in 
 furnishing any supplies or materials for the same, when the ex- 
 penditures required for the same exceed the sum of three hundred 
 dollars, the same shall be done by contract, and shall be let to 
 the lowest responsible bidder, after notice by publication in a 
 newspaper of general circulation, printed and published in such 
 city or town, for at least two weeks, or if there be no newspaper 
 printed or published therein, by printing and posting the same 
 in at least four public places therein for the same period; such 
 notice shall distinctly and specifically state the work contemplated 
 to be done; provided, that the board of trustees may reject any 
 and all bids presented and readvertise, in their discretion; pro- 
 vided, further, after rejecting bids, the board of trustees may 
 declare and determine by a four-fifths vote of all its members 
 that in its opinion the work in question may be performed more 
 economically by day labor or the materials or supplies furnished 
 at a lower price in the open market, and after the adoption of a 
 resolution to this effect they may proceed to have the same done 
 in the manner stated without further observance of the foregoing 
 provisions of this section; and provided further, that in case of 
 a great public calamity such as an extraordinary fire, flood, storm, 
 epidemic or other disaster, the board of trustees may, by resolu- 
 tion passed by vote of four-fifths of all its members declare and 
 determine that public interest and necessity demand the imme- 
 diate expenditure of public money to safeguard life, health or 
 property, and thereupon they may proceed to expend or enter 
 into a contract involving the expenditure of any sum required 
 in such emergency. 
 
 The board of trustees shall annually, at a stated time, contract 
 for doing all city printing and advertising, which contract shall 
 be let to the lowest responsible bidder, after notice, as provided 
 in this section. (Amendment approved April 16, 1913, Stats. 
 1913, p. 32. Also amended in 1891, Stats. 1891, p. 55, and in 1897, 
 Stats. 1897, p. 89.) 
 
 Amendment 1897, p. 89. Matthews v. Town of Livermore, 159 Gal. 294, 
 295. 297; Perry v. City of Los Angeles, 157 Cal. 146. 149.
 
 SIXTH CLASS CITIES 113 
 
 Powers of President and President pro tern. 
 
 875. In the absence of the president of the board of trustees 
 from any meeting of said board, or in the event of his inability 
 to act, a president pro tern, may be chosen by the board. The 
 president or president pro tern, shall preside at the meetings of 
 jthe board of trustees, shall sign all warrants drawn on the treas- 
 urer, and shall sign all written contracts entered into by said 
 city or town. The president pro tern, may sign or approve any 
 ordinance with the same force and effect as if signed by the presi- 
 dent. The president or president pro tern, shall have power to 
 administer oaths and affirmations, to take affidavits and to testify 
 the same under their hands. The president or president pro tern, 
 shall sign all conveyances made by said city or town, and all 
 instruments which shall require the seal of the city or town. 
 The president or president pro tem. is authorized to acknowledge 
 the execution of all instruments executed by said city or town 
 that require to be acknowledged. 
 
 City of Redondo Beach v. Barkley, 151 Cal. 176, 177, 181. 
 
 Treasurer's Duty. 
 
 876. It shall be the duty of the treasurer to receive and safely 
 keep all moneys which shall come into his hands as treasurer, 
 for all of which he shall give duplicate receipts, one of which 
 shall be filed with the city clerk. He shall pay out said money 
 on warrants signed by the proper officers, and not otherwise, 
 except interest on coupon bonds. He shall make quarterly set- 
 tlements with the city clerk. He shall collect all taxes levied 
 by the board of trustees, if so required by ordinance. (Amend- 
 ment approved April 16, 1913, Stats. 1913, p. 33. In effect August 
 10, 1913. Also amended March 30, 1903, Stats. 1903, p. 336.) 
 
 City of Healdsburg v. Mulligan, 113 Cal. 205, 211; 33 L. R. A. 461. 
 
 Assessor. 
 
 877. It shall be the duty of the assessor between the first 
 Monday in March and the first day of August in each year, to make 
 out a true list of all taxable property within the city or town. 
 The mode of making out said list, and proceedings relating thereto, 
 shall be in conformity with the laws now in force regulating county 
 assessors, except as the same may be otherwise provided in this 
 act or by ordinance. Said list shall describe the property assessed, 
 and the value thereof, and shall contain all other matters required 
 to be stated in such lists by county assessors. Said assessor shall 
 verify said list by his oath, and shall deposit the same with the 
 clerk on or before the first Monday of August of each year. Said 
 assessor and his deputy shall have power to administer all oaths 
 and affirmations necessary in the performance of his duty. 
 (Amendment effective July 29, 1921.)
 
 114 SIXTH CLASS CITIES 
 
 Clerk. 
 
 878. It shall be the duty of the clerk to keep a full, true record 
 of all the proceedings of the board of trustees and of the board 
 of equalization. The proceedings of the board of trustees shall 
 be kept in a book, marked "Records of the Board of Trustees." 
 The proceedings of the board of equalization shall be kept in a. 
 separate book, which shall be marked "Records of the Board of 
 Equalization." He shall also keep a book, which shall be marked 
 "City or Town Accounts," in which shall be entered as a credit 
 all moneys received by the city or town for licenses, the amount 
 of any tax when levied, and all other moneys when received, and 
 in which shall be entered upon the debtor side all commissions 
 deducted and all warrants drawn on the treasury. He shall also 
 keep a book, marked "Marshal's Account," in which he shall 
 charge the marshal with all the tax lists delivered to' him, and 
 all licenses delivered to him. He shall credit the marshal with 
 the delinquent lists returned by him, and with his commission 
 for collecting. He shall also keep a book, marked "Treasurer's 
 Account," in which he shall keep a full account of the transactions 
 of the city or town with the treasurer. He shall also keep a book 
 marked "Licenses," in which he shall enter all licenses issued 
 by him, the date thereof, to whom issued, for what, the time when 
 it expires, and the amount paid. He shall also keep a book 
 marked "Attorney's Account," and shall charge said attorney 
 with all delinquent tax lists delivered to him, and shall credit 
 him with money paid and delinquent tax lists returned. He shall 
 keep a book marked "Ordinances," into which he shall copy all 
 city or town ordinances, with his certificate annexed to said 
 copy stating the foregoing ordinance is a true and correct copy 
 of an ordinance of the city or town, and giving the number and 
 title of said ordinance, and stating that the same has been pub- 
 lished or posted according to law. Said record copy, with said 
 certificate, shall be prima facie evidence of the contents of the 
 ordinance and of the passage and publication of the same, and 
 shall be admissible as such evidence in any court or proceeding. 
 Such records shall not be filed in any case, but shall be returned 
 to the custody of the clerk. Nothing herein contained shall be 
 construed to prevent the proof of the passage and publication 
 of ordinances in the usual way. Each of the foregoing books, 
 except the records of the board of trustees and the board of 
 equalization, shall have a general index, sufficiently compre- 
 hensive to enable a person readily to ascertain matters contained 
 therein. The clerk shall also keep a book marked "Demands 
 and Warrants," in which he shall note every demand against 
 the city or town, and file the same. He shall state therein, under 
 the note of the demands, the final disposition made of the same; 
 and if the same is allowed, and a warrant drawn, he shall also
 
 SIXTH CLASS CITIES 115 
 
 state the number of the warrant, with sufficient dates. This 
 book shall contain an index, in which reference shall be made to 
 each demand. Upon the completion of the assessment roll of any 
 of the taxes of the city or town, and the levying of the tax thereon, 
 the clerk shall apportion the taxes upon such assessment roll, 
 and make out and deliver to the marshal a tax list in the usual 
 form, taking his receipt therefor. He may appoint a deputy, for 
 whose acts he and his bondsmen shall be responsible; and he and 
 his deputy shall have power to administer oaths or affirmations, 
 to take affidavits and depositions to be used in any court or pro- 
 ceeding in the state, and to certify the same. He and his deputy 
 shall take all necessary affidavits to demands against the city 
 or town, and certify the same without charge. He shall be the 
 custodian of the seal of the city or town. He shall make a quar- 
 terly statement in writing, showing the receipts and expenditures 
 of the city or town for the preceding quarter, and the amount 
 remaining in the treasury. He shall at the end of every fiscal 
 year make a full and detailed statement of the receipts and 
 expenditures of the preceding year, and a full statement of the 
 financial conditions of the affairs of the city or town, which shall 
 be published. He shall perform such other services as this act 
 and the ordinances of the board of trustees shall require. 
 
 Escondido v. Wohlford, 153 Cal. 40, 43. 
 
 Attorney. 
 
 879. It shall be the duty of the attorney to advise the city or 
 town authorities and officers in all legal matters pertaining to the 
 business of said city or town, to frame all ordinances and reso- 
 lutions required by the board of trustees, and perform such other 
 legal services as said board may require from time to time. Said 
 attorney shall receive such compensation as may be allowed by 
 the board of trustees. (Amendment effective July 29, 1921.) 
 
 Where a city attorney of a city of the sixth class accepted the office under 
 an ordinance fixing the salary and compensation at a specified sum per 
 month and providing that such salary shall be in full compensation for 
 all services rendered, these provisions must be considered as covering any 
 other services that might be rendered by the attorney. (Bridges v. City 
 of Sierra Madre, 27 Cal. A pp. 93.) 
 
 City Attorney is not discharged from his duty of fidelity to a city by 
 expiration of his term of office. He cannot then appear for adverse parties. 
 (In re Cowdery, 69 Cal. 60.) 
 
 A city attorney cannot be paid extra compensation unless provision is 
 made therefor prior to his employment. (Buck v. Eureka, 109 Cal. 504.) 
 San Luis Obispo v. Pettit, 87 Cal. 499, 504. 
 
 Marshal. 
 
 880. The department of police of said city or town shall be 
 under the direction and control of the marshal; and for the sup- 
 pression of any riot, public tumult, disturbance of the peace, or
 
 116 SIXTH CJ.ASS CITIES 
 
 resistance against the laws or public authorities in the lawful 
 exercise of their functions, he shall have the powers that are now 
 or may hereafter be conferred upon sheriffs by laws of the state, 
 and shall in all respects be entitled to the same protection; and 
 his lawful orders shall be promptly executed by deputies, police 
 officers, and watchmen in said city or town, and every citizen 
 shall also lend his aid, when required for the arrest of offenders 
 and maintenance of public order. He shall, and is hereby author- 
 ized to, execute and return all process issued and directed to him 
 by any legal authority. It shall be his duty to prosecute before 
 the recorder all breaches or violations of or noncompliance with 
 any ordinance which shall come to his knowledge. He shall 
 collect all taxes levied by the board of trustees, except as is herein 
 provided, and shall, if practicable, mark the post-office address of 
 each absentee property owner on the assessment roll. He shall, at 
 the expiration of any month, pay to the treasurer all taxes and other 
 funds of said city or town collected by him during said month. 
 He shall, upon payment of the money, file with the treasurer an 
 affidavit, stating that the money so paid is all the taxes or funds 
 that he has collected or received during the preceding month. 
 He shall, upon the receipt of any tax list, give his receipt for the 
 same to the clerk, and shall, upon depositing with the clerk the 
 delinquent tax list, take his receipt therefor. He shall receive 
 from the clerk all licenses, and collect the same. He shall have, 
 charge of the prison and prisoners, and of any chaingang which 
 may be established by the board of trustees. He shall for service 
 of any process receive the same fees as constables, but his fees for 
 services in any criminal action or proceeding upon process issued 
 from the recorder's court shall not be a charge against the county. 
 He may appoint, subject to the approval of the board of trustees, 
 one or more deputies, for whose acts he and his bondsmen shall be 
 responsible. He may also, with the concurrence of the president 
 of the board of trustees, when the same may be by them deemed 
 necessary for the preservation of the public order, appoint addi- 
 tional policemen. He shall perform such other services as this 
 act and the ordinances of the board of trustees shall require. 
 (Amendment effective July 29, 1921.) 
 
 Where a city marshal admitted that he had not filed monthly reports 
 and monthly affidavits as required by law, it was no excuse that he did 
 not know that they were required and that it has not been the custom of his 
 predecessor to file such reports. (Folsom v. Conklin, 86 Pac. 724, Cat. Apt).) 
 
 Pritchett v. Stanislaus Co., 73 Cal. 310, 312; Folsom v. Conklin, 3 Cal. 
 App. 480, 483. 
 
 Compensation Fixed by Board. 
 
 881. The board of trustees shall, by ordinances not incon- 
 sistent with the provisions of this chapter, prescribe the addi- 
 tional duties of all officers, and fix their compensation.
 
 SIXTH CLASS CITIES 117 
 
 Recorder's Court. 
 
 882. A recorder's court is hereby established in such city or 
 town, to be held by the recorder of such city or town. Such- 
 recorder's court shall have jurisdiction, concurrently with the 
 justices' courts, of all actions and proceedings, civil and criminal, 
 arising within the corporate limits of such city or town, and 
 which might be tried in such justice's court; and shall have 
 exclusive jurisdiction of all actions for the recovery of any fine, 
 penalty, or forfeiture prescribed for the breach of any ordinance 
 of such city or town, of all actions founded upon any obligation 
 created by any ordinance, and of all prosecutions for any viola- 
 tion of any ordinance. In all civil actions for the recovery of any 
 fine, penalty, or forfeiture prescribed for the breach of any ordi- 
 nance of such city or town, where the fine, penalty, or forfeiture 
 imposed by the ordinance is not more than fifty dollars, the trial 
 must be by the court, in civil actions where the fine, penalty or 
 forfeiture prescribed for the breach of any ordinance of such city 
 or town is over fifty dollars, the defendant is entitled to a jury. 
 Except as in this section otherwise provided, the rules of prac- 
 tice and mode of proceeding in said recorder's court shall be the 
 same as are or may be prescribed by law for justice's courts in 
 like cases; and appeals may be taken to the superior court of the 
 county in which such city or town may be situated, from all 
 judgments of said recorder's court, in like manner and with like 
 effect as in cases of appeals from justices' courts. (Amend- 
 ment approved March 7, 1905, Stats. 1905, p. 73.) 
 
 In prosecution before a municipal court for violation of an ordinance, 
 the ordinance need not be pleaded, as the court takes judicial notice of it. 
 (Ex parte Davis, 115 Gal. 445.) 
 
 An ordinance cannot be pleaded in a complaint simply by referring to 
 it by number. (City of Tulare v. Heveran, 126 Cal. 226.) 
 
 The appellate jurisdiction of the Supreme Court in all cases involving 
 the legality of a municipal fine does not include criminal cases imposing 
 fines for violation of a city ordinance. The provision refers only to civil 
 cases. (People v. Pacific Gas & Electric Co., 168 Cal. 496.) 
 
 Town of Hayward v. Pimental, 107 Cal. 386, 387; In re Baxter, 3 Cal. 
 App. 716, 721.) 
 
 Amendment 1905, p. 73, Ex parte Bagshaw, 152 Cal. 701, 702, 703; Rigby 
 v. Superior Court, 162 Cal. 334, 336.) 
 
 Powers of Recorder as Judge. 
 
 883. The recorder shall be judge of the recorder's court, and 
 shall have the powers and perform the duties of a magistrate. 
 He may administer and certify oaths and affirmations, and take 
 and certify acknowledgments. A justice of the peace may, at 
 the same time, hold the office of recorder. (Amendment effective 
 July 29, 1921.)
 
 118 SIXTH CLASS CITIES 
 
 Recorder Disqualified as Judge in Certain Cases. 
 
 884. In all cases in which the recorder is a party, or in which 
 he is interested, or when he is related to either party by con- 
 sanguinity or affinity within the third degree, or is otherwise 
 disqualified, or in case of sickness or inability to act, the recorder 
 may call in a justice of the peace, residing in the city or town 
 to act in his place and stead; or if there be no justice of the peace 
 residing in the city or town, or if those so residing are likewise 
 disqualified, then he may call in any justice of the peace residing 
 in the county in which such city or town may be situated. 
 
 ARTICLE VI. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Collection of Moneys. 
 
 885. Every officer collecting or receiving any moneys belong- 
 ing to or for the use of such city or town shall settle for the same 
 with the clerk on the first Monday in each month, and immediately 
 pay the same into the treasury, on the order of the clerk, for the 
 benefit of the funds to which such moneys respectively belong. 
 
 No Officer to Be Interested in Any Public Contract. 
 
 886. No officer of such city or town shall be interested, directly 
 or indirectly, in any contract with such city or town, or with any 
 of the officers thereon in their official capacity, or in doing any 
 work or furnishing any supplies for the use of such city or town, 
 or its officers in their official capacity; and any claim for com- 
 pensation or for work done, or supplies or materials furnished, 
 in which any such officer is interested, shall be void, and if 
 audited and allowed shall not be paid by the treasurer. Any 
 wilful violation of the provisions of this section shall be a ground 
 for removal from office, and shall be deemed a misdemeanor, 
 and punished as such.
 
 PENAL CODE PROVISIONS FOR 
 RECORDERS' COURTS. 
 
 Proceedings in Justices' Courts, and Police Courts, and Appeals to 
 
 Superior Courts. 
 
 SEC. 1425. Jurisdiction. The justices' courts have jurisdiction 
 of the following public offenses committed within the respective 
 counties in which such courts are established: 
 
 1. Petit larceny; 
 
 2. Assault and battery not charged to have been committed 
 upon a public officer in the discharge of his duties, or to have 
 been committed with such intent as to render the offense a felony; 
 
 3. Breaches of the peace, riots, routs, affrays, committing a 
 willful injury to property, and all misdemeanors punishable by 
 fine not exceeding five hundred dollars, or imprisonment not 
 exceeding six months, or by both such fine and imprisonment. 
 
 SEC. 1426. Proceedings must be commenced by complaint. All 
 proceedings and action before a justice's or police court, for a 
 public offense of which such courts have jurisdiction, must be 
 commenced by complaint under oath, setting forth the offense 
 charged, with such particulars of time, place, person, and property 
 as to enable the defendant to understand distinctly the character 
 of the offense complained of, and to answer the complaint. 
 
 SEC. 1426a. (New) Complaint for misdemeanor; time for filing. 
 A complaint for any misdemeanor triable in a justice's or police 
 court must be filed within one year after its commission. 
 
 SEC. 1427. When warrant of arrest must issue ; form of warrant ; 
 in case of offense by corporation. If the justice of the peace, or 
 police judge, is satisfied therefrom that the offense complained 
 of has been committed, he must issue a warrant of arrest, which 
 must be substantially in the following form: 
 
 WARRANT 
 
 
 
 "County of 
 
 "The People of the State of California to any sheriff, con- 
 stable, marshal, or policeman in this state: 
 
 "Complaint upon oath having been this day made before 
 
 me, (justice of the peace or police judge, 
 
 as the case may be), by C. D., that the offense of (designating 
 it generally) has been committed, and accusing E. F. thereof; 
 you are therefore commanded forthwith to arrest the above 
 named E. F. and bring him before me forthwith at (naming 
 the place). 
 
 "Witness my hand and seal at , this 
 
 day of , A. D 
 
 "A. B."
 
 120 RECORDERS' COURTS PENAL CODE PROVISIONS 
 
 If it appears that the offense complained of has been committed 
 by a corporation, no warrant of arrest need issue, but the justice 
 of the police or police judge must issue a summons substantially 
 in the form prescribed in section thirteen hundred and ninety-one. 
 Such summons must be served at the time and in the manner 
 designated in section thirteen hundred and ninety-two. At the 
 time named in the summons the corporation may appear by 
 counsel and answer the complaint. If it does not appear, a plea 
 of not guilty must be entered, and the same proceedings had 
 therein as in other cases. 
 
 Arrest by peace officer; Ante, sec. 836. 
 
 Arrest by private person; Ante, sec. 837. 
 
 Arrest by oral order of magistrate; Ante, sec. 838. 
 
 Duty of officer or person making arrest; Ante, sees. 847, 848. 
 
 1428. Minutes, how kept. A docket must beScept by the jus- 
 tice of the peace or police justice, or by the clerk of the courts 
 held by them, if there is one, in which must be entered each action 
 and the proceedings of the court therein. 
 
 1429. The plea, and how put in. The defendant may make the 
 same plea as upon an indictment, as provided in section ten hun- 
 dred and sixteen. His plea must be oral, and entered in the 
 minutes. If the defendant plead guilty, the court may, before 
 entering such plea or pronouncing judgment, examine witnesses 
 to ascertain the gravity of the offense committed; and if it 
 appear to the court that a higher offense has been committed 
 than the offense charged in the complaint, the court may order 
 the defendant to be committed or admitted to bail, to answer 
 any indictment which may be found against him by the grand 
 jury, or any information which may be filed by the district 
 attorney. (En. February 14, 1872. Am'd. 1873-4, 453; 1880, 30.) 
 
 1016. The different kinds of pleas. There are four kinds of 
 pleas to an indictment or information. A plea of 
 
 "l. Guilty. 
 
 2. Not guilty. 
 
 3. A former judgment of conviction of acquittal of the offense 
 charged, which may be pleaded either with or without the plea 
 of not guilty. 
 
 4. Once in jeopardy. 
 
 1017. Plea, how put in, and its form. Every plea must be oral, 
 and entered upon the minutes of the court in substantially the 
 following form: 
 
 1. If the defendant plead guilty: "The defendant pleads that 
 he is guilty of the offense charged:"
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 121 
 
 2. If he plead not guilty: "The defendant pleads that he is 
 not guilty of the offense charged." 
 
 3. If he plead a former conviction or acquittal: "The defend- 
 ant pleads that he has already been convicted (or acquitted) of 
 
 the offense charged by the judgment of the court of 
 
 (naming it), rendered at. . : (naming the place), on the 
 
 day of " 
 
 4. If he pleads once in jeopardy: "The defendant pleads that 
 he has been once in jeopardy for the offense charged (specifying 
 the time, place, and court)." 
 
 Cal. Rep. Cit. 47, 124; 49, 395; 52, 480; 55, 298; 64, 403; 73, 445; 
 
 77, 33; 101, 282; 146, 315; Subd. 4-143, 129. 
 Grim. Prac. Act., sec. 299. En. April 20, 1850. Rep. 1851, 290. 
 
 En. 1851, 212. 
 Cal. Rep. Cit. 4, 242. 
 Grim. Prac. Act, sec. 300. En. April 20, 1850. Rep. 1851, 290. 
 
 En. 1851, 212. 
 Cal. Rep. Cit. 32, 433. 
 Pleas generally: Ante, sec. 1016. 
 
 PLEA OF GUILTY. This plea can only be put in by the defend- 
 ant himself in open court, unless upon indictment against a corpo- 
 ration, in which case it may be put in by counsel. (Post, sec. 1018. 
 Insanity: Ante, sec. 26, subd. 3.) 
 Evidence under plea of not guilty. (Post, sec. 1020.) 
 
 1430. Issue, how tried. Upon a plea other than a plea of 
 guilty, if the parties waive a trial by jury, and an adjournment 
 or change of venue is not granted, the court must proceed to try 
 the case. 
 
 1431. Change of venue, when granted. If the action or pro- 
 ceeding is in a justice's court, a change of the place of trial may 
 be had at any time before the trial commences: 
 
 1. When it appears from the affidavit of the defendant that 
 he has reason to believe, and does believe, that he cannot have 
 a fair and impartial trial before the justice about to try the case, 
 by reason of the prejudice or bias of such justice, the cause must 
 be transferred to another justice of the same or an adjoining town- 
 ship. 
 
 2. When it appears from affidavits that the defendant cannot 
 have a fair and impartial trial, by reason of the prejudice of the 
 citizens of the township, the cause must be transferred to a jus- 
 tice of the township where the same prejudice does not exist. 
 (En. February 14, 1872.) 
 
 1432. Proceedings on change of venue. When a change of the 
 place of trial is ordered, the justice must transmit to the justice 
 before whom the trial is to be had all the original papers in the
 
 122 RECORDERS' COURTS PENAL CODE PROVISIONS 
 
 cause, with a certified copy of the minutes of his proceedings; 
 and upon receipt thereof, the justice to whom they are delivered 
 must proceed with the trial in the same manner as if the proceeding 
 or action had been originally commenced in his court. (En. 
 February 14, 1872.) 
 
 1433. Postponement of the trial. Before the commencement of 
 a trial in any of the courts mentioned in this chapter, either party 
 may, upon good cause shown, have a reasonable postponement 
 thereof. 
 
 1434. Defendant to be present. The defendant must be per- 
 sonally present before the trial can proceed. (En. February 14, 
 1872.) 
 
 1435. Jury trial, how waived. A trial by jury may be waived 
 by the consent of both parties expressed in open court and entered 
 in the docket. The formation of the jury is provided for in chapter 
 one, title three, part one, of the Code of Civil Procedure. 
 
 1436. Challenges. The same challenges may be taken by 
 either party to the panel of jurors, or to any individual juror, as 
 on the trial of an indictment for a misdemeanor, but the challenge 
 must in all cases be tried by the court. 
 
 1072. General causes of challenge. General causes of challenge 
 are: 
 
 1. A conviction for felony. 
 
 2. A want of any of the qualifications prescribed by law to 
 render a person a competent juror. 
 
 3. Unsoundness of mind, or such defect in the faculties of the 
 mind or organs of the body as renders him incapable of perform- 
 ing the duties of a juror. 
 
 Exemptions: Code Civ. Proc. sec. 200. 
 
 1073. Particular cause of challenge. Particular causes of chal- 
 lenge are of two kinds: 
 
 First For such a bias as, when the existence of the facts is 
 ascertained, in judgment of law disqualifies the juror, and which 
 is known in this code as implied bias. 
 
 Second For the existence of a state of mind on the part of the 
 juror in reference to the case, or to either of the parties, which 
 will prevent him from acting with entire impartiality and without 
 prejudice to the substantial rights of either party, which is known 
 m this code as actual bias. 
 
 1067. Challenges to individual juror. A challenge to an indi- 
 vidual juror is either: 
 
 1. Peremptory; or 
 
 2. For cause. 
 
 1058. Challenge to the jury defined. A challenge to the panel 
 is an objection made to all the jurors returned and may !>< taken 
 by either party.
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 123 
 
 1070. Number of peremptory challenges. If the offense charged 
 be punishable with death, or with imprisonment in the state 
 prison for life, the defendant is entitled to twenty and the state 
 to ten peremptory challenges. On a trial for any other offense, 
 the defendant is entitled to ten and the state to five peremptory 
 challenges. 
 
 1437. Oath of jurors. The court must administer to the jury 
 the following oath: "You do swear that you will well and truly 
 try this issue between the people of the State of California and 
 A. B., the defendant, and a true verdict render according to the 
 evidence." 
 
 1438. Trial, how conducted. After the members of the jury are 
 sworn, they must sit together and hear the proofs and allegations 
 of the parties, which must be delivered in public and in the presence 
 of the defendant and if any defendant be not present, the court or 
 justice of the peace by an order or warrant may require the personal 
 attendance of such defendant. 
 
 1093. Order of trial. The jury having been impaneled and 
 sworn, the trial must proceed in the following order, unless other- 
 wise directed by the court: 
 
 1. If the indictment or information be for felony, the clerk 
 must read it, and state the plea of the defendant to the jury, 
 and in cases where it charges a previous conviction, and the 
 defendant has confessed the same, the clerk in reading it shall 
 omit therefrom all that relates to such previous conviction. In 
 all other cases this formality may be dispensed with. 
 
 2. The district attorney, or other counsel for the people, 
 must open the cause and offer the evidence in support of the 
 charge. 
 
 3. The defendant or his counsel may then open the defense, 
 and offer his evidence in support thereof. 
 
 4. The parties may then respectively offer rebutting testimony 
 only, unless the court, for' good reason, in furtherance of justice, 
 permit them to offer evidence upon their original case. 
 
 5. When the evidence is concluded, unless the case is sub- 
 mitted to the jury on either side, or on both sides, without argu- 
 ment, the district attorney, or other counsel for the people, and 
 counsel for the defendant, may argue the case to the court and 
 jury; the district attorney, or other counsel for the people, open- 
 ing the argument and having the right to close. 
 
 6. The judge may then charge the jury, and must do so on 
 any points pertinent to the issue, if requested by either party; 
 and he may state the testimony and declare the law. If the 
 charge be not given in writing, it must be taken down by the 
 phonographic reporter. 
 
 1439. Court to decide questions of law, but not of fact. The 
 court must decide all questions of law which may arise in the
 
 124 RECORDERS' COURTS PENAL CODE PROVISIONS 
 
 course of the trial, but can give no charge with respect to matters 
 of fact. 
 
 1440. Jury may decide in court, or retire. After hearing the 
 proofs and allegations, the jury may decide in court, or may 
 retire for consideration. If they do not immediately agree, an 
 officer must be sworn to the following effect: "You do swear 
 that you will keep this jury together in some quiet and convenient 
 place; that you will not permit any person to speak to them, nor 
 speak to them yourself, unless by order of the court, or to ask 
 them whether they have agreed upon a verdict; and that you 
 will return them into court when they have so agreed, or when 
 ordered by the court." 
 
 1441. Verdict of jury, how delivered and entered. The verdict 
 of the jury must in all cases be general. When the jury have 
 agreed on their verdict, they must deliver it publicly to the 
 court, who must enter, or cause it to be entered, in the minutes. 
 (Verdict, general and special; see sec. 1151, Penal Code.) 
 
 1442. Verdict, when several defendants are tried together. 
 When several defendants are tried together, if the jury cannot 
 agree upon a verdict as to all, they may render a verdict as to 
 those in regard to whom they do agree, on which a judgment 
 must be entered accordingly, and the case as to the rest may be 
 tried by another jury. (En. February 14, 1872.) 
 
 1443. Jury, when to be discharged without a verdict. The jury 
 cannot be discharged after the cause is submitted to them, until 
 they have agreed upon and rendered their verdict, unless for 
 good cause, the court sooner discharges them. 
 
 1444. If discharged, defendant may be tried again. If the jury 
 is discharged, as provided in the last section, the court may pro- 
 ceed again to the trial, in the same manner as upon the first trial, 
 and so on, until a verdict is rendered. 
 
 1445. Proceedings on plea of guilty, or on conviction. When 
 the defendant pleads guilty, or is convicted, either by the court, 
 or by a jury, the court must render judgment thereon of fine or 
 imprisonment, or both, as the case may be. 
 
 1446. Judgment of fine may direct imprisonment. A judgment 
 that the defendant pay a fine may also direct that he be impris- 
 oned until the fine be satisfied, in the proportion of one days' 
 imprisonment for every dollar of the fine. 
 
 1447. Defendant, on acquittal, to be discharged Costs. \\licn 
 the defendant is acquitted, either by the court or by the jury, he 
 must be immediately discharged; and if the court certify in tho 
 minutes that the prosecution was malicious or without probable 
 cause, it may order the prosecutor to pay the costs of the action,
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 125 
 
 or to give satisfactory security by a written undertaking, with 
 one or more sureties, to pay the same within thirty days after 
 the trial. 
 
 1448. Judgment against prosecutor for costs. If the prosecutor 
 does not pay the costs, or give security therefor, the court may 
 enter judgment against him for the amount thereof, which may 
 be enforced in all respects in the same manner as a judgment 
 rendered in a civil action. 
 
 1449. Judgment, when to be rendered. After a plea or verdict 
 of guilty, or after a verdict against the defendant, on a plea of 
 a former conviction or acquittal, the court must appoint a time 
 for rendering judgment, which must not be more than two days 
 nor less than six hours after the verdict is rendered, unless the 
 defendant waive the postponement. If postponed, the court may 
 hold the defendant to bail to appear for judgment. 
 
 1450. Motion for a new trial, or in arrest of judgment. At any 
 time before judgment, defendant may move for a new trial or in 
 arrest of judgment. 
 
 1451. New trial, grounds of. A new trial may be granted in 
 the following cases: 
 
 1. When the trial has been had in the absence of the defend- 
 ant, unless he voluntarily absent himself, with full knowledge 
 that a trial is being had. 
 
 2. When the jury has received any evidence out of court. 
 
 3. When the jury has separated without leave of the court, 
 after having retired to deliberate upon their verdict, or been 
 guilty of any misconduct tending to prevent a fair and due con- 
 sideration of the case. 
 
 4. When the verdict has been decided by lot, or by any means 
 other than a fair expression of opinion on the part of all the jurors. 
 
 5. When there has been error in the decision of the court, 
 given on any question of law arising during the course of the trial. 
 
 6. When the verdict is contrary to law or evidence. 
 
 7. When new evidence is discovered material to the defendant, 
 and which he could not, with reasonable diligence, have discoyered 
 and produced at the trial; but when a motion for a new trial is 
 made upon this ground, the defendant must produce at the hearing 
 the affidavits of the witnesses by whom such newly discovered 
 evidence is expected to be given. 
 
 1452. Grounds of motion in arrest of judgment. The motion in 
 arrest of judgment may be founded on any substantial defect in 
 the complaint, and the effect of an arrest of judgment is to place 
 the defendant in the same situation in which he was before the 
 trial was had.
 
 126 RECORDERS' COURTS PENAL, CODE PROVISIONS 
 
 1453. Judgment to be entered in the minutes. If the judgment 
 is not arrested, or a new trial granted judgment must be pro- 
 nounced at the time appointed and entered in the minutes of the 
 court. 
 
 1454. Discharge of defendant on judgment of acquittal or fine 
 only. If judgment of acquittal is given, or judgment imposing a 
 fine only, without imprisonment for non-payment, and the defend- 
 ant is not detained for any other legal cause, he must be discharged 
 as soon as the judgment is given. 
 
 1455. Judgment of imprisonment, how executed. When a judg- 
 ment of imprisonment is entered, a certified copy thereof must 
 be delivered to the sheriff, marshal, or other officer, which is a 
 sufficient warrant for its execution. 
 
 1456. Judgment of imprisonment until fine is paid, how executed. 
 When a judgment is entered imposing a fine, or ordering the 
 defendant to be imprisoned until the fine is paid, he must be held 
 in custody during the time specified in the judgment, unless the 
 fine is sooner paid. 
 
 1457. Defendant discharged upon payment of fine; disposition 
 of fine. Upon payment of the fine, the officer must discharge the 
 defendant, if he is not detained for any other legal cause, and pay 
 over the fine within ten days to the county treasurer if the offense 
 is prosecuted for the violation of the state law in a justice's court; 
 provided that all fines and forfeitures collected in any police 
 court or city justice's court that is maintained, and the salaries 
 of the officers thereof paid by the city, whether prosecuted for a 
 violation of a state law or a city ordinance shall be paid to the 
 city treasurer of the city in which such court is located; and 
 further provided that all fines and forfeitures collected for the 
 violation of a city or town ordinance, in a justice's court shall 
 be paid over to the city or town treasurer of the city or town in 
 which such ordinance is in force, subject, however, to the pro- 
 visions of Chapter I of Title XV of Part I of this code. 
 
 1458. Defendant may be admitted to bail. The defendant, at 
 any time after his arrest, and before conviction, may pe admitted 
 to bail. The provisions of this code relative to bail are applicable 
 to bail in justices' or police courts. 
 
 1459. Subpoenas. The justice or judge of either of the courts 
 mentioned in this chapter may issue subpoenas for witnesses, as 
 provided in section thirteen hundred and twenty-six, and pun- 
 ish disobedience thereof, as provided in section one thousand 
 three hundred and thirty-one. 
 
 1460. Entitling affidavits. The provisions of section one 
 thousand four hundred and one, in respect to entitling affidavits,
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 127 
 
 are applicable to proceedings in the courts mentioned in this 
 chapter. 
 
 1461. "Police courts" defined. The term "police courts," as 
 used in this and the succeeding chapter, includes police judges' 
 courts, police courts, and all courts held by mayors or recorders 
 in incorporated cities or towns. 
 
 CHAPTER II. 
 
 APPEALS TO SUPERIOR COURTS. 
 
 1466. Appeals, when allowed. Either party may appeal to 
 the superior court of the county from a judgment of a justice's 
 or police court, in like cases and for like cause as appeals may be 
 taken to the supreme court. 
 
 1467. Appeals, how taken, heard, and determined. The appeal 
 may be taken, heard and determined as provided in title 9, part 
 2 of this code, except that such appeal must be taken within fifteen 
 days after the judgment is rendered or within ten days after the 
 order is made from which the appeal is taken. 
 
 1468. Statement on appeal. The appeal to the superior court 
 from the judgment of a justice's or police court is heard upon a 
 statement of the case settled by the justice or police judge, em- 
 bodying such rulings of the court as are excepted to, which state- 
 ment must be filed with and settled by the court within ten days 
 after filing notice of appeal. 
 
 1469. If new trial granted, in what court had. If a new trial 
 is granted upon appeal, it must be had in the superior court. 
 
 1470. Proceedings, if appeal is dismissed or judgment affirmed. 
 If the appeal is dismissed or the judgment affirmed, a copy of 
 the order of dismissal or judgment of affirmance must be remitted 
 to the court below, which may proceed to enforce its sentence. 
 
 CHAPTER III. 
 
 OF SEARCH-WARRANTS. 
 
 1523. Search-warrant defined. A search-warrant is an order 
 in writing, in the name of the people, signed by a magistrate, 
 directed to a peace officer, commanding him to search for per- 
 sonal property, and bring it before the magistrate. 
 
 1524. Upon what ground it may issue. It may be issued upon 
 either of the following grounds: 
 
 1. When the property was stolen or embezzled; in which case 
 it may be taken on the warrant from any place in which it is con- 
 cealed, or from the possession of the person by whom it was
 
 128 RECORDERS' COURTS PENAL CODE PROVISIONS 
 
 stolen or embezzled, or from any person in whose possession it 
 may be. 
 
 2. When it was used as the means of committing a felony; in 
 which case it may be taken on the warrant from the place in 
 which it is concealed, or from the possession of the person by 
 whom it was used in the commission of the offense, or from any 
 person in whose possession it may be. 
 
 3. When it is in the possession of any person with the intent 
 to use it as a means of committing a public offense, or in the 
 possession of another to whom he may have delivered it for the 
 purpose of concealing it or preventing its being discovered; in 
 which case it may be taken on the warrant from such person, or 
 from any place occupied by him, or under his control, or from 
 the possession of the person to whom he may ha,ye so delivered it. 
 
 4. When the property is a cask, keg, bottle, vessel, siphon, 
 can, case, or other package, bearing printed, branded, stamped, 
 engraved, etched, blown, or otherwise attached or produced 
 thereon the duly filed trademark or name of the person by whom, 
 or on whose behalf, the search-warrant is applied for, in the 
 possession of any person except the owner thereof, with the intent 
 to sell or traffic in the same, or refill the same with intent to 
 defraud the owner thereof, with such intent, and without such 
 owner's consent thereof, or unless the same shall have been pur- 
 chased from the owner thereof; in which case it may be taken 
 on the warrant from such person, or from any place occupied by 
 him, or under his control, or from the possession of the person 
 to whom he may have delivered it. 
 
 1525. It cannot be issued but upon probable cause, etc. A 
 search-warrant cannot be issued but upon probable cause, sup- 
 ported by affidavit naming or describing the person, and partic- 
 ularly describing the property and the place to be searched. 
 
 1526. Magistrates must examine, on oath, complaint, etc. The 
 magistrate must, before issuing the warrant, examine on oath 
 the complaint, and any witnesses he may produce, and take their 
 depositions in writing, and cause them to be subscribed by the 
 parties making them. 
 
 1527. Depositions, what to contain. The depositions must set 
 forth the facts tending to establish the grounds of the applica- 
 tion, or probable cause for believing that they exist. 
 
 1528. When to issue warrant. If the magistrate is thereupon 
 satisfied of the existence of the grounds of the application, or 
 that there is probable cause to believe their existence, he must 
 issue a search-warrant, signed by him with his name of office, 
 to a peace officer in his county, commanding him forthwith to
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 129 
 
 search the person or place named, for the property specified, and 
 to bring it before the magistrate. 
 
 1529. Form of search warrant. The warrant must be sub- 
 stantially in the following form: 
 
 SEARCH WARRANT. 
 County of 
 
 The people of the State of California to any sheriff, con- 
 stable, marshal, or policeman in the county of 
 
 Proof, by affidavit, having been this day made before me 
 by (naming every person whose affidavit has been taken), 
 that (stating the grounds of the application, according to 
 section one thousand five hundred and twenty-five, or if the 
 affidavit be not positive, that there is probable cause for 
 believing that (stating the ground of the application in the 
 same manner), you are therefore commanded, in the daytime 
 (or at any time of the day or night, as the case may be, 
 according to section one thousand five hundred and thirty- 
 three), to make immediate search on the person of C. D. 
 
 (or in the house situated , describing it or any 
 
 other place to be searched, with reasonable particularity, 
 as the case may be) for the following property: (describing 
 it with reasonable particularity), and if you find the same 
 or any part thereof, to bring it forth before me at (stating 
 the place.) 
 
 Given under my hand, and dated this day 
 
 , A. D. nineteen 
 
 1530. By whom served. A search-warrant may in all cases be 
 served by any of the officers mentioned in its directions, but by 
 no other person, except in aid of the officer on his requiring it, 
 he being present and acting in its execution. 
 
 1531. Officer may break open door, etc., to execute warrant. 
 The officer may break open any outer or inner door or window of 
 a house, or any part of a house, or anything therein, to execute 
 the warrant, if, after notice of his authority and purpose, he is 
 refused admittance. 
 
 1532. May break open door, etc., to liberate persons acting in his 
 aid. He may break open any outer or inner door or window of a 
 house, for the purpose of liberating a person who, having entered 
 to aid him in the execution of the warrant, is detained therein, 
 or when necessary for his own liberation.
 
 130 RECORDERS' COURTS PENAL CODE PROVISIONS 
 
 1533. When warrant may be served in the night. The magis- 
 trate must insert a direction in the warrant that it be served in 
 the daytime, unless the affidavits are positive that the property 
 is on the person or in the place to be searched, in which case he 
 may insert a direction that it be served at any time of the day 
 or night. 
 
 1534. Within what time warrant must be executed. A search- 
 warrant must be executed and returned to the magistrate who 
 issued it within ten days after its date; after the expiration of 
 this time the warrant, unless executed, is void. 
 
 1535. Officer to give receipt for property taken. When the officer 
 takes property under the warrant, he must give a receipt for the 
 property taken (specifying it in detail) to the person from whom 
 it was taken by him, or in whose possession it was found; or, in 
 the absence of any person, he must leave it In the place where 
 he found the property. 
 
 1536. Property, how disposed of. When the property is de- 
 livered to the magistrate, he must, if it was stolen or embezzled, 
 or if it was taken on a warrant issued on the grounds stated in 
 the fourth subdivision of section fifteen hundred and twenty-four 
 of this code, dispose of it as provided in sections fourteen hundred 
 and eight and fourteen hundred and thirteen, inclusive. If it 
 was taken on a warrant issued on the grounds stated in the second 
 and third subdivision of section fifteen hundred and twenty-four, 
 he must retain it in his possession, subject to the order of the 
 court to which he is required to return the proceedings before 
 him, or of any other court in which the offense in respect to which 
 the property taken is triable. 
 
 1537. Return of warrant and inventory of property taken. The 
 officer must forthwith return the warrant to the magistrate, and 
 deliver to him a written inventory of the property taken, made 
 publicly or in the presence of the person from whose possession 
 it was taken, and of the applicant for the warrant, if they are 
 present, verified by the affidavit of the officer at the foot of the 
 inventory, and taken before the magistrate at the time, to the 
 following effect: "I, R. S., the officer by whom this warrant 
 was executed, do swear that the above inventory contains a true 
 and detailed account of all the property taken by me on the 
 warrant." 
 
 1538. Copy of inventory, to whom delivered. The magistrate 
 must thereupon, if required, deliver a copy of the inventory to 
 the person from whose possession the property was taken, and 
 to the applicant for the warrant. 
 
 1539. Proceedings, if grounds of warrant are controverted. If 
 the grounds on which the warrant was issued be controverted, he
 
 RECORDERS' COURTS PENAL CODE PROVISIONS 131 
 
 must proceed to take testimony in relation thereto, and the 
 testimony of each witness must be reduced to writing and au- 
 thenticated in the manner prescribed in section eight hundred 
 and sixty-nine. 
 
 1540. Property, when to be restored. If it appears that the 
 property taken is not the same as that described in the warrant, 
 or that there is no probable cause for believing the existence of 
 the grounds on which the warrant was issued, the magistrate 
 must cause it to be restored to the person from whom it was taken. 
 
 1541. Depositions, warrants, etc., to be returned to court. The 
 magistrate must annex the depositions, the search-warrant and 
 return, and the inventory, and if he has not power to inquire into 
 the offense in respect to which the warrant was issued, he must 
 at once file it and such depositions and return with the clerk of 
 the court having power to so inquire. 
 
 1542. Search of defendant in presence of magistrate. When a 
 person charged with a felony is supposed by the magistrate before 
 whom he is brought to have on his person a dangerous weapon, or 
 anything which may be used as evidence of the commission of 
 the offense, the magistrate may direct him to be searched in his 
 presence, and the weapon or other thing to be retained, subject 
 to his order, or to the order of the court in which the defendant 
 may be tried.
 
 CIVIL ACTIONS IN RECORDER'S COURT. 
 
 929, C. C. P. How commenced. Civil actions in police courts 
 are commenced by filing a complaint, setting forth the violation 
 of the ordinance complained of, with such particulars of time, 
 place, and manner of violation as to enable the defendant to 
 understand distinctly the character of the violation complained 
 of, and to answer the complaint. The ordinance must be referred 
 to by its title. The complaint must be verified by the oath of 
 the party complaining, or of his attorney or agent. (En. March 
 11, 1872.) 
 
 930, C. C. P. Summons must issue on filing complaint. Imme- 
 diately after filing the complaint, a summons must be issued, 
 directed to the defendant, and returnable either immediately 
 or at any time designated therein, not exceeding four days from 
 the date of its issuing. (En. March 11, 1872.) ^ 
 
 931, C. C. P. Defendant may plead orally or in writing. On the 
 return of the summons the defendant may answer the complaint. 
 The answer may be oral or in writing, and immediately thereafter 
 the case must be tried, unless, for good cause shown, an adjourn- 
 ment is granted. (En. March 11, 1872.) 
 
 932, C. C. P. Trial by jury, when defendant is entitled to. In 
 all actions for violation of an ordinance, where the fine, forfeiture, 
 or penalty imposed by the ordinance is less than fifty dollars, 
 the trial must be by the court. In actions where the fine, for- 
 feiture, or penalty imposed by the ordinance is over fifty dollars, 
 the defendant is entitled to a trial by jury. 
 
 933, C. C. P. Proceedings to be conducted as in justices' courts. 
 All proceedings in civil actions in police courts must, except as 
 in this title otherwise provided, be conducted in the same manner 
 as civil actions in justices' courts. 
 
 Civil proceedings in justices' courts; Sees. 832-926, Code of 
 Civil Procedure. 
 
 SEC. 1058, C. C. P. People of state not required to give bonds 
 when state is a party. In any civil action or proceeding wherein 
 the state, or the people of the state, is a party plaintiff, or any 
 state officer, in his official capacity, or in behalf of the state, or 
 any county, city and county, city, or town, is a party plaintiff 
 or defendant, no bond, written undertaking, or security can be 
 required of the state, or the people thereof, or any officer thereof, 
 or of any county, city and county, city, or town; but on complying 
 with the other provisions of this code, the state, or the people 
 thereof, or any state officer acting in his official capacity, have 
 the same rights, remedies, and benefits as if the bond, undertaking, 
 or security were given and approved as required by this code.
 
 RECORDERS' COURTS 133 
 
 SEC. 529, C. C. P. Security upon injunction. On granting an 
 injunction, the court or judge must require, except when it is 
 granted on the application of the people of the state, a county, 
 or a municipal corporation, or a wife against her husband, a 
 written undertaking on the part of the applicant, with sufficient 
 sureties, to the effect that he will pay to the party enjoined such 
 damages, not exceeding an amount to be specified, as such party 
 may sustain by reason of the injunction, if the court finally 
 decides that the applicant was not entitled thereto. Within 
 five days after the service of the injunction, the person enjoined 
 may except to the sufficiency of the sureties, and unless within 
 five days thereafter, upon notice of not less than two days to the 
 person enjoined, such securities, or others in their place, justify 
 before a judge of the court or county clerk at a time and place 
 designated in such notice, the order granting the injunction must 
 be dissolved. 
 
 SEC. 3479, C. C. Nuisance, what. Anything which is injurious 
 to health, or is indecent or offensive to the senses, or an obstruc- 
 tion to the free use of property, so as to interfere with the com- 
 fortable enjoyment of life or property, or unlawfully obstructs 
 the free passage or use, in the customary manner, or any navigable 
 lake, or river, bay, stream, canal, or basin, or any public park, 
 square, street, or highway is a nuisance. 
 
 SEC. 3480, C. C. Public nuisance. A public nuisance is one 
 which affects at the same time an entire community or neigh- 
 borhood, or any considerable number of persons, although the 
 extent of the annoyance or damage inflicted upon individuals may 
 be unequal. 
 
 SEC. 3490, C. C. Lapse of time does not legalize. No lapse of 
 time can legalize a public nuisance, amounting to an actual ob- 
 struction of public right. 
 
 SEC. 3491, C. C. Remedies against public nuisance. The reme- 
 dies against a public nuisance are: 
 
 1. Indictment or information; 
 
 2. A civil action; or, 
 
 3. Abatement. 
 
 SEC. 3492. C. C. Rernedy regulated, how. The remedy by 
 indictment or information is regulated by the Penal Code. 
 
 SEC. 3493, C. C. Remedies for public nuisance. A private per- 
 son may maintain an action for a public nuisance, if it is specially 
 injurious to himself, but not otherwise. 
 
 SEC. 3494, C. C. How abated. A public nuisance may be 
 abated by any public body or officer authorized thereto by law. 
 
 SEC. 3495, C. C. Same. Any person may abate a public nui- 
 sance which is specially injurious to him by removing, or, if neces-
 
 134 RECORDERS' COURTS 
 
 sary, destroying the thing which constitutes the same, without 
 committing a breach of the peace, or doing unnecessary injury. 
 
 SEC. 831, C. C. Boundaries by ways. An owner of land bounded 
 by a road or street is presumed to own to the center of the way, 
 but the contrary may be shown. 
 
 SEC. 1112, C. C. Boundary by highway, what passes. A transfer 
 of land, bounded by a highway, passes the title of the person 
 whose estate is transferred to the soil of the highway in front 
 to the center thereof, unless a different intent appears from the 
 grant. 
 
 SEC. 470, C. C. Not to use streets, alleys, or water in cities or 
 towns, except by a two-thirds vote of the city or town authorities. 
 No railroad corporation must use any street, alley, or highway, 
 or any of the land or water, within any incorporated city or town, 
 unless the right to so use the same is granted by a two-thirds 
 vote of the town or city authority from which the right must 
 emanate. 
 
 FORMS COMMONLY USED IN THE RECORDER'S COURT. 
 
 COMPLAINT 
 IN THE RECORDER'S COURT 
 
 OF THE 
 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 STATE OF CALIFORNIA. 
 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 Personally appeared before me, this 22nd day of December, 1915, 
 James O'Hara of the City of San Bruno, in the County of San 
 Mateo, State of California, who, first being sworn, complains and 
 says: That the said John Doe of the City of San Mateo, said 
 county, on the 14th day of December, 1915, and before the filing 
 of this Complaint, at the said City of San Bruno, in the said 
 County of San Mateo, State of California, committed the crime 
 of misdemeanor by wilfully and unlawfully engaging in the busi- 
 ness of selling spirituous, malt and fermented liquors and wines, 
 within the limits of said City of San Bruno, without having first 
 procured a permit and paying the license fee therefor as required 
 by the provisions of Ordinance No. Three (3) of said City of San 
 Bruno adopted by the Board of Trustees of said city on the 20th 
 day of January, 1915.
 
 RECORDERS' COURTS 135 
 
 All of which is contrary to the statute in such cases made and 
 provided, and against the peace and dignity of the people of the 
 State of California. 
 
 Said Complainant therefore prays that a Warrant may be issued 
 for the arrest of the said John Doe and that he may be dealt with 
 according to law. 
 Subscribed and sworn to before mel 
 
 this 22nd day of December, 1915. J 
 
 J. M. CUSTER, 
 Judge of the Recorder's Court of said city. 
 
 WARRANT. 
 IN THE RECORDER'S COURT 
 
 OF THE 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 
 STATE OF CALIFORNIA. 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 THE PEOPLE OF THE STATE OF CALIFORNIA, 
 
 To any Sheriff, Constable, Marshal or Policeman in this State: 
 Complaint upon oath having been this day made before me, 
 J. M. Custer, Judge of the Recorder's Court of said city by James 
 O'Hara, Marshal of said city that the offense of selling intoxi- 
 cating liquors without first having procured a license so to do as 
 required by the provisions of Ordinance Number Three of said 
 city, has been committed, and accusing John Doe thereof: 
 
 You ARE THEREFORE COMMANDED forthwith to arrest the above 
 named John Doe and bring him before me forthwith, at my office 
 in the City of San Bruno, in said County of San Mateo, to be 
 dealt with according to law. 
 
 WITNESS my hand this 14th day of December, 1915, 
 and I direct that this Warrant may be served at 
 any hour of the night. 
 
 J. M. CUSTER. 
 
 Judge of the Recorder's Court of said city. 
 
 I HEREBY CERTIFY that I received the above warrant on the 
 14th day of December, 1915, and served the said warrant by 
 arresting the within-named Defendant, John Doe, and bringing 
 him into Court this 14th day of December, 1915. 
 
 JAMES O'HARA, 
 Marshal of the City of San Bruno.
 
 136 RECORDERS' COURTS 
 
 BAIL BOND. 
 IN THE RECORDER'S COURT 
 
 OF THE 
 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 STATE OF CALIFORNIA. 
 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 An order having been made on the day of , 
 
 1915, by , Judge of the. Recorder's Court 
 
 of said city, that be held to answer and appear 
 
 for trial before the said recorder, at his office, on the 
 
 day of , 1915, to which time the hearing on this case 
 
 has been adjourned, upon the charge of carrying a concealed 
 weapon, upon which he has been admitted to bail in the sum of 
 $200.00, which charge is pending in that court against him in 
 behalf of the people of the State of California: 
 
 Now, we, R. J., a resident of Redwood City, by occupation a 
 farmer, and T. S., a resident of San Mateo and by occupation a 
 merchant, hereby undertake that the above named John Doe will 
 appear and answer the charge above-named, in whatever court it 
 may be prosecuted; and will 'at all times hold himself amenable 
 to the orders and processes of the court, and if convicted, will 
 appear for judgment, and render himself in execution thereof; 
 or, if he fail to perform either of these conditions that we will 
 pay the people of the State of California, the sum of Two Hundred 
 ($200.00) Dollars. 
 
 State of California, 1 
 County of San Mateo, J ' 
 
 R. J. and T. S. sureties, above named in the above bond, being 
 duly sworn each for himself says: That he is a householder and 
 resident within said state, and is worth the said sum of Two Hun- 
 dred ($200.00) Dollars over and above all his debts and liabilities 
 exclusive of property exempt from execution. 
 
 Subscribed and sworn to before mel 
 this day of ,1915] 
 
 Judge of the Recorder's Court, City of San Bruno.
 
 RECORDERS' COURTS 137 
 
 SUBPOENA. 
 
 IN THE RECORDER'S COURT 
 
 OF THE 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 
 STATE OF CALIFORNIA. 
 The People of the State of California,) 
 
 Plaintiff, 
 
 vs. |- 
 
 John Doe, 
 
 Defendant. J 
 THE PEOPLE OF THE STATE OF CALIFORNIA 
 
 To S. H. AND A. J.: 
 
 You are commanded to appear before W. A. H., Judge of the 
 Recorder's Court at the City of San Bruno, in the County of 
 San Mateo, at the office of said recorder, in said city, on the 
 
 .day of. . . . ., 1915, at 10 o'clock A. M. as a 
 
 witness in the criminal action, prosecuted by the People of the 
 State of California, against J. S. on the part of the people. 
 
 WITNESS my hand this day of , 
 
 1915. 
 
 Judge of the Recorder's Court of said city. 
 INDORSEMENT OF SERVICE. 
 
 I hereby certify that I have served the within subpoena by 
 showing the within original to the within named S. H. and A.- J., 
 personally, and informing each one of them of the contents thereof, 
 
 on or prior to the day of , 1915, in the 
 
 County of San Mateo. 
 
 Marshal of the City of San Bruno. 
 
 JUROR SUMMONS. 
 IN THE RECORDER'S COURT 
 
 OF THE 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 
 STATE OF CALIFORNIA. 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 MR. G. W. W.: 
 
 You are hereby notified and required to attend before C. K., 
 Judge of the Recorder's Cuort of the City of San Bruno, on the
 
 138 RECORDKRS' COURTS 
 
 day of , 19 , at 9 o'clock A. M. at the 
 
 courtroom of said recorder, in said city, in the County of San 
 Mateo, then and there to serve as a juror. 
 
 By order of C. K., Judge of the Recorder's Court. 
 
 Herein fail not, under the penalty of the law. 
 
 Marshal of the City of San Bruno 
 
 JUROR DEFAULTING CONTEMPT. 
 
 IN THE RECORDER'S COURT 
 
 OF THE 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 
 STATE OF CALIFORNIA. 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 THE PEOPLE OF THE STATE OF CALIFORNIA, TO H. J., GREETING : 
 You are hereby commanded to be and appear before the Re- 
 corder's Court of the City of San Bruno, State of California, at 
 the courtroom of said court, in said city, on Monday, the 
 
 day of , 1915, at 10 o'clock A. M. and 
 
 then and there show cause why you should not be punished for 
 contempt for failing to attend the said court as a juror. 
 
 Judge of the Recorder's Court 
 of the City of San Bruno. 
 
 JUDGMENT FINE AND IMPRISONMENT. 
 IN THE RECORDER'S COURT 
 
 OF THE 
 
 CITY OF SAN BRUNO, COUNTY OF SAN MATEO, 
 STATE OF CALIFORNIA. 
 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 A complaint, under oath, having been filed in this court on the 
 
 day of , 1915, charging said defendant, 
 
 R. R., of certain public offenses, to-wit: battery upon the person 
 
 of , a misdemeanor, committed on the 
 
 day of , 1915, and a warrant of arrest
 
 RECORDERS' COURTS 139 
 
 having been duly issued on said day of , 
 
 1915, for the arrest of said defendant, and said defendant R. R., 
 having been duly arrested, and thereafter on the 17th day of 
 
 . . . '. , 1915, tried before this court without a jury, a jury 
 
 having been waived, as provided by law in such cases, and by 
 the court found guilty, as charged in said complaint, and all and 
 singular the law and the premises being by the court here under- 
 stood and fully considered, 
 
 WHEREFORE, it is by the court here ordered and adjudged that 
 for said offense you, the said R. R., do pay a fine in the sum of 
 Fifty ($50.00) Dollars and be imprisoned m the county jail in said 
 County, until the said fine be paid not exceed- 
 ing twenty-five days. 
 
 Done in open court this day of , 1915. 
 
 Judge of the Recorder's Court 
 of the City of San Bruno. 
 
 CERTIFICATE. 
 
 Office of the Recorder's Court, 
 City of San Bruno, 
 County of San Mateo. 
 
 I, G. W. F., Recorder of the City of San Bruno, do hereby 
 certify the foregoing to be a full, true, and correct copy of the 
 judgment duly made and entered on the minutes of said Recorder's 
 
 Court in the above entitled action, on the day of 
 
 , 1915. 
 
 Attest my hand, at the City of San Bruno, in the County of 
 San Mateo, this day of , 1915. 
 
 Judge of the Recorder's Court 
 of City of San Bruno. 
 
 DOCKET RECORDER'S COURT. 
 
 State of California, \ 
 County of San Mateo. / 
 
 IN THE RECORDER'S COURT OP THE CITY OF SAN BRUNO. 
 The People of the State of California, 
 
 Plaintiff, 
 vs. 
 John Doe, 
 
 Defendant. 
 
 Dec. 14, 1915. Complaint in writing filed by James O'Hara 
 Marshal of said city, charging the defendant John Doe, with
 
 140 RECORDERS' COURTS 
 
 having committed the offense of selling intoxicating liquors 
 without a license and a warrant issued dated this day. 
 
 Dec. 14, 1915. Warrant returned and defendant brought into 
 court, pleaded not guilty, whereupon after hearing the complaint 
 read before him "the defendant pleads he is not guilty of the 
 offense charged." Admitted to bail in the sum of One Hundred 
 
 ($100.00) Dollars furnished by and 
 
 Whereupon, Tuesday, Decem- 
 ber , 1915, at the hour of ten o'clock A. M. was 
 
 fixed for the trial hereof, and defendant was by me then and there 
 notified of the time fixed for said trial. 
 
 Dec. 15, 1915. At 10 o'clock A. M., both parties appeared, and 
 on motion of defendant the trial was postponed until the 21st 
 day of December, 1915, at 2 o'cock P. M. " ' 
 
 Dec. 21, 1915. Both parties appeared and announced them- 
 selves ready for trial, and the defendant demanded a trial by 
 jury. Whereupon I issued an order for a jury of twelve men to 
 be summoned as by law directed, returnable tomorrow at 10 
 o'clock A. M. that being the time fixed for trial. 
 
 Dec. 22, 1915. At 10 o'clock A. M. the following named jurors 
 appeared and answered as their names were called (here insert 
 names). The following named jurors were challenged by defend- 
 ant for cause and the challenges allowed and the said jurors 
 excused (insert names); and the following named jurors were 
 challenged by plaintiff and the challenges allowed and the jurors 
 excused (insert names). Whereupon an order was made as by 
 law required returnable forthwith for the summoning of six jurors 
 to complete the panel and the following named jurors were sum- 
 moned and appeared in compliance with said order. Jury having 
 been completed, the following named jurors were sworn to try 
 the issue involved herein, viz.: (Insert names.) 
 
 The following named witnesses were sworn and examined on 
 the part of the plaintiff, viz.: (Insert names) and the following 
 were sworn and examined on the part of the defendant (insert 
 names). After argument by both parties the jury were instructed 
 as to law and retired to deliberate; returned into court and 
 rendered a verdict finding the defendant guilty as charged. The 
 jury were then discharged, and the court appointed December 23, 
 1915, at 10 o'clock A. M. as the time for rendering judgment. 
 
 Dec. 23, 1915. Judgment rendered for the court that defendant 
 be fined the sum of Fifty ($50.00) Dollars or imprisoned in the 
 city jail for a period of twenty-five days, unless the fine is sooner 
 paid. Fine paid and judgment satisfied.
 
 MODEL SPECIFICATIONS 141 
 
 MODEL SPECIFICATIONS FOR 
 STREET IMPROVEMENTS. 
 
 For the Use of Engineers, Councilmen and Street 
 Superintendents . 
 
 GENERAL REQUIREMENTS. 
 
 MATERIALS AND SAMPLES: All materials must be of specified 
 quality and fully equal to samples when samples are required. 
 The contractor shall furnish to the city engineer for test, whenevei 
 called for and free of charge, samples of all the materials proposed 
 to be used in the work. Rejected material must be immediately 
 removed from the work by the contractor. 
 
 LABOR: Any overseer, superintendent, laborer, or other person 
 employed on the work by the contractor, who shall perform his 
 work in a manner contrary to these specifications shall be dis- 
 charged immediately, and such person shall not again be employed 
 on the work. 
 
 EXAMINATION OF GROUND: Bidders must examine and judge 
 for themselves as to the location of the proposed work, the nature 
 of the excavation to be made and the work to be done. 
 
 SETTING STAKES: The contractor shall give twenty-four (24) 
 hours' notice in writing when he will require the service of the 
 city engineer for laying out any portion of the work. 
 
 He shall dig all stake holes necessary to give lines and levels. 
 The contractor shall preserve all stakes set for the lines, levels 
 or measurements of the work in their proper places until author- 
 ized to remove them by the city engineer, and any expense in- 
 curred in replacing said stakes which the contractor or his sub- 
 ordinates may have failed to preserve shall be borne by the 
 contractor. 
 
 PLANS AND SPECIFICATIONS: The contractor shall keep upon 
 the work a copy of the plans and specifications, and access thereto 
 shall at all times be accorded the engineer. 
 
 INSPECTORS: The contractor shall prosecute work only in the 
 presence of an engineer or an inspector appointed by the board 
 of public works, and any work done in the absence of said engineer 
 or inspector will be subject to rejection. The contractor shall 
 furnish the engineers and inspectors reasonable facilities for 
 obtaining such information as may be necessary to give them 
 full information at all times respecting the progress and manner 
 of the work and the character of the materials. 
 
 PRESERVATION OF MONUMENTS: The contractor shall not dis- 
 turb any monuments or stakes found on the line of the improve-
 
 142 MODEL SPECIFICATIONS 
 
 ments until ordered by the city engineer, and he shall bear the 
 expense of resetting any monuments or stakes which may be dis- 
 turbed without orders. 
 
 OBSERVING CITY ORDINANCES: The contractor shall observe 
 all the ordinances of the city in relation to the obstruction of 
 streets, keeping open passageways, and protecting the same where 
 they are exposed or dangerous to travel. 
 
 BARRIERS, LIGHTS, ETC.: The contractor shall take all neces- 
 sary measures to protect the work and prevent accidents during 
 construction. He shall provide and maintain all necessary bar- 
 riers, guards, temporary bridges, watchmen and lights. 
 
 CROSS STREETS: No more than one (1) cross street shall be 
 closed at any one time. 
 
 PUBLIC UTILITIES: In case it should be necessary to move the 
 property of any owner of a public utility or franchise, such owner 
 will, upon proper application by the contractor, be notified by 
 the engineer to move such property within a specified reasonable 
 time, and the contractor shall not interfere with said property 
 until after the expiration of the time specified. 
 
 The right is reserved to the owners of public utilities and fran- 
 chises, to enter upon the street for the purpose of making repairs 
 or changes of their property that may be made necessary by the 
 work. The city shall also have the privilege of entering upon 
 the street for the purpose of repairing sewers, and water pipes, 
 or making house connections therewith, or repairing culverts or 
 storm drains. 
 
 Loss OR DAMAGE: All loss or damage arising from any unfore- 
 seen obstruction or difficulties either natural or artificial which 
 may be encountered in the prosecution of the work, or from any 
 action of the elements prior to final acceptance of the work, or 
 from any act or omission not authorized by these specifications 
 on the part of the contractor or any agent or person employed 
 by him shall be sustained by the contractor. 
 
 DEFECTIVE WORK: No work which may be defective in its 
 construction, or deficient in any of the requirements of these 
 specifications, will be considered as accepted in consequence of 
 the failure of any officer of the city or inspector connected with 
 the work to point out said defects or deficiency during construc- 
 tion, and the contractor shall correct any imperfect work when- 
 ever discovered, before the final acceptance of the work. 
 
 PROTECTION OF WORK AND CLEANING UP: The contractor shall 
 care for all work until final completion and acceptance. He shall 
 remove all surplus material and rubbish from the work after its 
 completion and before he makes application for the acceptance 
 of the work.
 
 MODEL SPECIFICATIONS 143 
 
 FINAL INSPECTION: The contractor shall notify the engineer 
 when he desires a final inspection of the work, when the latter 
 will, as soon as possible make the necessary examination, and if 
 the work is found in compliance with these specifications, the 
 engineer will furnish the contractor with a certificate to that 
 effect. 
 
 ALLOWABLE VARIATION: When in the specifications a maxi- 
 mum or minimum, cither in size, percentage or thickness, or 
 relating to quality or character or other matter, is allowed or 
 prescribed, the work shall be accepted as in compliance there- 
 with if within such maximum or minimum so allowed hereby. 
 
 All rejected and refuse materials shall be removed immediately 
 from the work, and all surplus materials shall be removed from 
 the street within five (5) days after the construction of the street 
 is complete. 
 
 No material, or other obstruction, shall be placed within five 
 (5) feet of fire hydrants, which must be at all times readily acces- 
 sible to the fire department. 
 
 The contractor shall be constantly on the work during its 
 progress, or shall be represented by a foreman who is competent 
 to receive and carry out any instructions that may be given him 
 by the proper authorities, and said contractor will be held liable 
 for the faithful observance of any instructions which may be 
 delivered to him or his representatives on the work. 
 
 GRADING. 
 
 Grading shall include all filling, the removal of all earth, stone, 
 or all other material, of whatever nature it may be, that may be 
 encountered in the preparing the street, and shall also include all 
 trimming and shaping required to bring the surface of the street 
 to grade and cross-section. 
 
 When mud or other soft material is encountered, it shall be 
 taken out and the space filled with good earth or gravel, which 
 shall be rolled until the surface of the foundation ceases to sink 
 under or creep in front of the roller. The contractor, however, 
 will not be required in such cases to excavate the mud or other 
 soft material to a depth greater then two (2) feet below subgrade. 
 
 All filling shall be done with good sound earth or gravel. When- 
 ever a fill is to be made, the embankment shall be brought up 
 in layers not exceeding one (1) foot in depth and each layer shall 
 be thoroughly dampened and rolled with a roller weighing not 
 less than two hundred (200) pounds per lineal inch width of tire 
 until it is firmly compacted. 
 
 When special flooding is required, the contractor shall perform 
 the same in accordance with the requirements, as specified on 
 the plans.
 
 144 MODEL SPECIFICATIONS 
 
 No material of a perishable, spongy, or otherwise improper 
 nature shall be used in filling. The space over which fills are 
 to be made shall first be cleared of all brush, timber, trash or 
 debris unfit for foundation. 
 
 During the process of grading, the street shall be maintained in 
 a reasonably good condition for traffic, care being taken to remove 
 the surplus material as evenly as possible over the whole surface 
 of the street. 
 
 The street shall be plowed up not to exceed one-half (%) mile 
 in length before macadamizing is begun, except where there are 
 car tracks on the street, in which case one side shall be held 
 intact until macadamizing is complete on the other side. The 
 contractor shall at all times maintain proper drainage on the 
 street. 
 
 The width of the street to be graded, unless otherwise specified 
 on the plans or in the resolution of intention^ shall be held to 
 mean the entire width of street from property line to property 
 line, but the roadway between the curbs and the spaces between 
 the curbs and the property lines shall be each finished for its 
 use. as specified herein. 
 
 The spaces between the curbs and the property lines, in cases 
 where no cement walks are laid, shall be graded to a plane rising 
 at a rate of three (3) inches in ten (10) feet from the established 
 grade at the curb line, and in cases where cement walks are con- 
 structed the spaces between the curbs and the walks and between 
 the walks and the property lines, as the case may be, shall be 
 surfaced evenly with the tops of the curbs and walks. 
 
 After the block or section has been graded, as above specified, 
 the surface shall be thoroughly drenched with water and when 
 sufficiently dry shall be rolled with a steam or gasoline roller 
 weighing not less than four hundred (400) pounds to the lineal 
 inch in width of the tire until the surface is unyielding. Wherever 
 practicable, the street shall be cross-rolled, as well as rolled 
 longitudinally. Depressions made by rolling shall be levelc'd up 
 with good earth and again rolled. Such portions of the street 
 as cannot be reached by the roller, and all places excavated below 
 sub-grade and refilled, and all pipe trenches and other places 
 that cannot be properly compacted by the roller, shall be tamped 
 solid, and in cases of wet weather or soft or muddy ground making 
 the use of the roller unsafe or impracticable, the rolling shall 
 not be undertaken until the ground has become sufficiently dry. 
 
 The contractor shall notify the city engineer when a block or 
 a section has been brought to sub-grade, when the latter will 
 check the elevation of the same, and if the work is found to be 
 in accordance with the specifications and grades given, the con- 
 tractor shall proceed as hereinafter mentioned.
 
 _ 
 MODEL SPECIFICATIONS 145 
 
 BROKEN STONE. 
 
 Broken stone for use under these specifications shall be classified 
 as follows: 
 
 No. 1 stone shall be stone of a size which will pass through a 
 3" ring and be retained on a 1J^" ring. 
 
 No. 2 stone shall be stone of a size which will pass through a 
 1%" ring and be retained on a %" ring. 
 
 No. 3 stone shall be stone of a size which will pass through a 
 %" ring and be retained on a screen having meshes ^" in diameter. 
 
 No. 4 stone shall be stone of a size which will pass a screen 
 having meshes %" in diameter and which shall contain not more 
 than 30% of material passing a screen of 14 meshes per lineal 
 inch. 
 
 No. 1 and No. 2 stone shall be obtained from rock having a 
 coefficient as hereinafter defined of not less than 8, and No. 3 
 and No. 4 stone shall be obtained from rock having a coefficient 
 of not less than 9. 
 
 All broken stone shall be uniform in quality and shall not con- 
 tain more than five (5) per cent having rounded surfaces. 
 
 SAND. 
 
 Sand, for concrete, shall be clean, sharp, dry, silicious sand, 
 and shall not contain, in all, more than five (5) per cent by volume, 
 of clay, loam, mica, silt or other objectionable inorganic matter, 
 nor more than one (1) per cent of organic matter. It shall be 
 made up of grains whose composition shall be such that at least 
 sixty (60) per cent, by weight, shall pass a twenty (20) mesh 
 screen, not more than eighty-five (85) per cent shall pass a fifty 
 (50) mesh screen, and not more than fifteen (15) per cent shall 
 pass an eighty (80) mesh screen. 
 
 STONE. 
 
 Stone, for concrete, shall be hard, clean and close-grained, and 
 shall be free from stone-dust, loam, clay, shale or other inferior 
 material. It shall be of such size that it will all pass through 
 a screen having openings two (2) inches in diameter and be re- 
 tained upon a screen having openings one-half (%) inch in diam- 
 eter. 
 
 STONE-DUST. 
 
 Stone-dust, for wearing surface and binder course, shall be 
 pulverized limestone or hydraulic Portland cement. All of it 
 must pass a No. 50 sieve, and at least 60 per cent must pass a 
 No. 200 sieve.
 
 146 MODEL SPECIFICATIONS 
 
 ASPHALTIC CEMENT. 
 
 Asphaltic cement, for the asphaltic wearing surface and for 
 the asphaltic-concrete binder course shall be a natural asphalt, 
 refined natural asphalt, a mixture of a refined liquid asphalt with 
 a refined solid asphalt, or an oil asphalt. 
 
 The asphaltic cement must be homogeneous and its consistency 
 must fall within the limits of sixty-five (65) and eighty (80) pene- 
 tration by the District of Columbia standard. It must be adhe- 
 sive and ductile and also slightly elastic at a temperature of 
 thirty-two (32) degrees Fahrenheit. When twenty (20) grammes 
 are heated to a temperature of three hundred (300) degrees Fahren- 
 heit for eight (8) consecutive hours in an uncovered, cylindrical 
 dish, three and one-half (3J^) centimeters high by five and one- 
 half (5J^) centimeters in diameter, it must not lose more than 
 five (5) per cent in weight and must not be so v t;hanged by such 
 heating as to be made harder than a consistency of twenty (20) 
 penetration by the District of Columbia standard. 
 
 If a natural asphalt, or a mixture of a refined liquid asphalt 
 with a natural solid asphalt, it must, when ready for use, contain 
 at least sixty (60) per cent of bitumen soluble in chloroform, and 
 if an oil asphalt, it must, when ready for use, contain at least 
 ninety-nine (99) per cent of bitumen soluble in chloroform and 
 contain no free carbon. 
 
 When the asphaltic cement is prepared by mixing a solid oil 
 asphalt with a liquid asphalt, the solid oil asphalt shall be pre- 
 pared by distilling the crude oil until the asphaltic residuum has 
 a penetration not less than sixty (60) by the District of Columbia 
 standard, and shall not be prepared by mixing or fluxing a solid 
 asphalt with a liquid or softer asphalt. 
 
 The refined liquid asphalt used in softening a solid asphalt 
 must be a stiff residuum of petroleum oil with an asphaltic base. 
 It must be free from water and from light oils volatile at less 
 than two hundred and fifty (250) degrees Fahrenheit. When 
 twenty (20) grammes are heated to a temperature of three hun- 
 dred (300) degrees Fahrenheit for five (5) hours in an uncovered, 
 cylindrical dish, three and one-half (3H) centimeters high by 
 five and one-half (5%) centimeters in diameter, it must not lose 
 more than five (5) per cent in weight. It must contain not less 
 than ninety-nine (99) per cent of bitumen soluble in chloroform, 
 and must contain no free carbon. 
 
 CORRUGATED IRON AND CONCRETE CULVERTS. 
 
 Culverts of corrugated iron and concrete shall be constructed 
 of the dimensions and forms, and be located at points, shown on 
 the plans attached hereto.
 
 MODEL SPECIFICATIONS 147 
 
 Corrugated iron sheets used in the construction of the culverts 
 shall be thoroughly galvanized with zinc spelter, the zinc spelter 
 to be applied before the sheets are corrugated. After being 
 corrugated the sheets shall show no signs of cracking or blistering. 
 Sheets shall be of the U. S. standard gauge shown on plans. Cor- 
 rugations shall be two and one-half (2^) inches in width and 
 one-half 0^) inch in depth. Iron for culverts shall contain in 
 all not more than two-tenths of one per cent of the following 
 impurities: sulphur, phosphorus, manganese, carbon, silicon, and 
 gases (oxygen, hydrogen, nitrogen). 
 
 All joints in the metal portion of the culvert shall be lapped 
 two and one-quarter (2J4) inches. 
 
 Concrete for culverts shall be composed of one (1) part hydraulic 
 Portland cement to two (2) parts of clean, coarse sand and four (4) 
 parts of clean, hard, sound rock, and shall be thoroughly tamped 
 in place. The inside bottom of the culvert shall be plastered 
 smooth and even with the cement mortar, said plastering to be 
 one-half ( l /) inch in thickness. Mortar for culverts shall be 
 composed of one (1) part hydraulic Portland cement to two (2) 
 parts sand. 
 
 CONCRETE GUTTERS. 
 
 Concrete gutters shall be laid where required by the plans 
 attached hereto and shall be of the width called for thereon. 
 The earth underneath the gutters shall be wet and thoroughly 
 tamped. The gutters shall be six (6) inches in thickness, com- 
 posed of one (1) part of hydraulic Portland cement to two (2) 
 parts of clean, coarse sand and four (4) parts of clean, hard, 
 sound rock, ranging in size from one-half (3/) to two (2) inches 
 in greatest diameter, the whole to be thoroughly mixed dry and 
 afterwards have sufficient water added by sprinkling to thoroughly 
 moisten, and then be thoroughly mixed, placed in position and 
 then thoroughly tamped until water comes to the surface. Im- 
 mediately after the concrete is tamped a grouting composed of 
 one (1) part cement to one (1) part clean, sharp sand and enough 
 lamp-black to make a uniform dark gray color shall then be poured 
 over the gutter, and trowelled even. The top surface grouting 
 shall not be more than one-half (^) inch thick, and shall be scored 
 every six (6) feet and given a spat surface. The gutters shall be 
 covered with earth and kept moist for ten days. When gutters 
 are laid in adobe soil a layer three (3) inches thick of gravel, 
 screenings, sand or other granular material shall be thoroughly 
 tamped in place before the gutter is laid. Joints, extending 
 entirely through the concrete, shall be made in the gutter every 
 eighteen (18) feet with paper one-sixteenth of an inch thick, 
 thoroughly coated with asphalt.
 
 148 MODEL SPECIFICATIONS 
 
 CONCRETE FOUNDATION FOR PAVEMENT. 
 
 The foundation shall be composed of hydraulic Portland cement, 
 sand and stone, mixed in the proportion of 94 pounds of hydraulic 
 Portland cement, three (3) cubic feet of sand, and six (6) cubic 
 feet of stone. 
 
 The ingredients for the concrete are to be brought upon the 
 work separately and so deposited that the proportions of material 
 can readily be controlled. The stone shall be deposited on a 
 platform in a uniform layer one (1) foot thick, and the sand and 
 cement, in the order named, shall then be spread in uniform layers 
 over said layer of stone. 
 
 These ingredients shall be well mixed dry by turning at least 
 twice with shovels, and shall then receive the least quantity of 
 fresh, clean water necessary to convert the sand and cement into 
 a good mortar, while being further mixed equivalent to two addi- 
 tional turnings with shovels, before being deposited in place. 
 
 A rotary mixer may be used to secure the aforesaid results in 
 mixing. 
 
 Under all circumstances the mixing must be such as to distribute 
 the mortar, formed by the sand and cement, throughout the mass 
 of concrete so that, upon compacting, the voids between particles 
 of stone shall be well filled. 
 
 The concrete, after mixing, shall at once be evenly spread and 
 well tamped until thoroughly compacted and an even surface of 
 the required grade is obtained. When compacted it shall be of 
 the thickness specified, to wit: six (6) inches. 
 
 The concrete foundation is to be prevented from rapidly drying 
 and shall be kept moist between the hours of sunrise and sunset 
 for five (5) days and not disturbed for two (2) days thereafter. 
 It shall be protected from traffic by covering with a layer of 
 planking. 
 
 HYDRAULIC PORTLAND CEMENT. 
 
 Hydraulic Portland cement, for use upon the work set forth in 
 these specifications, shall be pulverulent and free from lumps, 
 and shall be delivered in the manufacturer's packages with the 
 brand and name of the manufacturer plainly marked thereon. 
 
 All lots of cement shall be submitted for inspection and test 
 at least ten (10) days in advance of its use upon the work. 
 
 The contractor shall furnish proper facilities for the identifi- 
 cation of each lot of cement after samples of it are taken, and any 
 cement not fulfilling the requirements of these specifications 
 shall be at once removed from the work. Any lot of cement 
 becoming damaged by moisture after the samples are taken shall 
 also at once be removed from the work.
 
 MODEL SPECIFICATIONS 149 
 
 The acceptance or rejection shall be based on the following 
 requirements: 
 
 Cement shall leave by weight a residue of not more than 8 per 
 cent on the No. 100, and not more than 25 per cent on the No. 200 
 standard sieve. 
 
 Cement, when made into briquettes and tested neat, shall have 
 a tensile strength of not less than 500 pounds to the sectional 
 square inch after an exposure of one (1) day in air and an immer- 
 sion of six (6) days in water. In making the briquettes the cement 
 paste will be compacted in the moulds by the use of the fingers 
 only, and only sufficient water will be used to allow of properly 
 compacting the paste in this manner. 
 
 Pats of cement made on glass and brought to thin edges shall 
 show no signs of distortion, cracking, checking or disintegration 
 under the following conditions: Pat No. 1, in moist air for 24 
 hours and six days in water; Pat No. 2, in moist air for 24 hours 
 and 3 hours in steam at about atmospheric pressure. 
 
 The cement, after wetting, shall take not less than thirty (30) 
 minutes to set so that it will bear, without indentation, a round 
 wire one-twelfth (1/12) inch in diameter placed endwise and 
 loaded to a total weight of one-fourth 04) pound. 
 
 Cement passing the above tests satisfactorily will be accepted. 
 
 Cement passing all of the above tests satisfactorily, except 
 Pat No. 2, shall be held until Pat No. 1 is twenty-eight days old, 
 and if at that time said Pat No. 1 shows no sign of distortion, 
 checking, cracking or disintegration, the cement will be accepted. 
 
 ASPHALTIC CONCRETE BINDER COURSE. 
 
 The binder course shall be composed of broken stone, asphaltic 
 cement, sand and stone-dust. 
 
 The ingredients composing the binder course may be prepared 
 by mixing the several classes of materials in proper proportions, 
 or by the combination of natural asphaltic materials with the 
 individual ingredients so as to produce the required mixture. 
 The percentage composition (by weight) of the binder course 
 shall be within the following specified limits: 
 
 Broken stone Between 60 per cent and 70 per cent. 
 
 Sand Between 25 per cent and 35 per cent. 
 
 Stone-dust Between 4 per cent and 8 per cent. 
 
 Pure Bitumen (in asphaltic 
 
 cement) Between 4 per cent and 8 per cent. 
 
 This mixture for the binder course, while still hot, shall be 
 spread uniformly over the foundation with hot rakes to such a 
 depth that after compression, it shall have a uniform thickness 
 of two (2) inches. It shall be immediately rolled with a roller 
 weighing not less than one hundred and fifty (150) pounds to the
 
 150 MODEL SPECIFICATIONS 
 
 inch width of roller; said roller to have a total weight of not 
 less than five tons. This rolling shall be continued while the 
 binder is in a hot, plastic condition. Such portions of the binder 
 course as it may be impossible to roll shall be thoroughly tamped 
 with hot tampers. The upper surface of the binder course shall 
 be made exactly parallel with the required surface of the finished 
 pavement. 
 
 Great care must be taken in handling, spreading and grading the 
 mixture to maintain a uniform admixture of the broken stone 
 throughout the mass. The rakes used must have tines wide 
 apart and the back of the rake must be principally used for grading. 
 
 The concrete foundation shall be free from all loose fragments 
 and rubbish and must be swept clean in advance of the application 
 of the binder course. 
 
 The binder course shall not be laid more than one day's work 
 in advance of the surface course. 
 
 ASPHALTIC WEARING SURFACE 
 
 Upon the binder course prepared and laid as before described 
 and thoroughly swept free from all loose fragments and rubbish, 
 shall be laid an asphaltic wearing surface composed of asphaltic 
 cement, sand and stone-dust, and the materials shall be mixed 
 in such proportions that the percentage composition (by weight) 
 of the wearing surface shall be within the following limits: 
 Pure bitumen (in asphaltic cement). . .Between 10 and 14 per cent. 
 
 Sand Between 70 and 80 per cent. 
 
 Stone-dust Between 10 and 18 per cent. 
 
 The wearing surface mixture shall be brought to the work in 
 suitable carts or dump-wagons, and shall not be colder than two 
 hundred and fifty (250) degrees Fahrenheit when it reaches the 
 street. It is to be uniformly spread over the binder course with 
 hot shovels and rakes to such a depth that after ultimate compres- 
 sion, the finished wearing surface shall be one and one-half (1H) 
 inches thick. After being spread, the mixture shall at once be 
 compressed with hand rollers weighing at least two hundred and 
 fifty (250) pounds to the foot width of roller, and these shall be 
 immediately followed by a steam roller having a weight of be- 
 tween one hundred and twenty-five (125) and one hundred and 
 fifty (150) pounds to the inch width of roller and a total weight 
 of at least 5 tons, after which, while the pavement is still hot, 
 it shall be rolled with a steam roller having a weight of not less 
 than two hundred and fifty (250) pounds to the inch width of 
 roller, nor less than a total weight of 8 tons. 
 
 The steam rolling is to be done by first running the roller across 
 the roadway at right angles to its direction, then crossing diag-
 
 MODEL SPECIFICATIONS 151 
 
 onally first from one side and then from the other, the direction 
 of the two diagonal rollings being approximately at right angles 
 to each other, and finally by rolling parallel with the direction 
 of the street. 
 
 The rolling with the steam roller shall be continued for five (5) 
 hours for every thousand square yards of surface. Such portions 
 of the wearing surface as it may be impossible to roll shall be 
 thoroughly tamped with hot tampers and smoothed with hot 
 smoothing irons, care being taken not to burn the surface. 
 
 A small amount of hydraulic cement or infusorial earth shall be 
 swept over the pavement after rolling. 
 
 The resulting surface of the finished pavement must show an 
 even and smooth surface, must be thoroughly compressed and 
 shall be true to grade and cross section. 
 
 No binder course or asphaltic wearing surface shall be laid in 
 rainy weather or when the foundation or binder surface is wet. 
 
 Hand-mixing with shovels or other tools, and the use of open 
 kettles for mixing the ingredients for the wearing surface or 
 binder course will not be allowed. 
 
 No traffic shall be allowed on the street until the pavement is 
 thoroughly cooled and set. 
 
 WARRENITE-BITULITHIC WEARING SURFACE. 
 
 Upon the foundation, previously prepared and thoroughly swept 
 free from all rubbish, shall be laid the bitulithic wearing surface 
 composed of a mixture of broken stone, sand, stone-dust and 
 bitulithic waterproof cement, in sufficient quantities to make the 
 mixture conform to the following proportions by weight: 
 
 Per Cent 
 
 by Weight 
 Passing 1^ inch mesh screen and retained on a 1 inch mesh 
 
 screen 10 15 
 
 Passing 1 inch mesh screen and retained on a J/2 inch mesh 
 
 screen 26 35 
 
 Passing J/ inch mesh screen and retained on a J4 mcn mesh 
 
 screen . . 12 20 
 
 Passing J4 inch mesh screen and retained on a 10 mesh to 
 
 the inch screen 8 12 
 
 Passing a 10 mesh to the inch screen and retained on a 200 
 
 mesh to the inch screen 24 32 
 
 Passing a 200 mesh to the inch screen 4 7 
 
 Bitulithic waterproof cement 7 9J^ 
 
 From sixty (60) per cent to eighty (80) per cent of the aggregate 
 passing a ten (10) mesh to the inch screen shall pass a forty (40)
 
 152 MODEL SPECIFICATIONS 
 
 mesh to the inch screen and from fifteen (15) per cent to thirty 
 (30) per cent of the sand shall pass an eighty (80) mesh to the 
 inch screen. 
 
 STONE-DUST: The stone-dust shall be finely powdered lime- 
 stone or other hard and durable rock or Portland cement, as the 
 contractor elects, and shall be of such fineness that all of it will 
 pass a fifty (50) mesh to the inch screen, and at least sixty-six 
 (66) per cent will pass a two hundred (200) mesh to the inch 
 screen. 
 
 BITULITHIC WATERPROOF CEMENT: The bitulithic waterproof 
 cement shall be refined from crude liquid asphalt. It shall meet 
 the tests required for asphaltic cement. 
 
 MIXING AND.LAYING BITULITHIC WEARING SURFACE. 
 
 The different sizes of stone shall be kept in separate bins or 
 receptacles. The broken stone, sand and stone dust shall be 
 heated in such driers as will permit it to be uniformly heated, 
 and the several sizes shall then be accurately weighed and com- 
 bined in the proportion above stated. Each batch of mineral 
 aggregate so composed of the different sizes, accurately weighed 
 as above, shall pass while hot into a mixer where bitulithic water- 
 proof cement previously heated to a temperature of from two 
 hundred (200) degrees to two hundred and fifty (250) degrees 
 Fahrenheit, shall be incorporated with the heated stone until 
 the combination is an uniform bituminous concrete. The amount 
 of bitulithic cement used in each batch shall be accurately 
 weighed and used in such proportion as will thoroughly coat 
 each particle of stone and fill all voids in the mixture. 
 
 The surface mixture prepared as above shall be brought to 
 the work in covered carts or dump wagons, and shall not be cooler 
 than two hundred (200) degrees Fahrenheit when deposited on 
 street. It shall at once be uniformly spread over the foundation 
 to such a depth that after receiving its ultimate compression 
 the finished surface shall have a thickness of not less than that 
 shown upon the cross section adopted for the work. It shall 
 then be immediately rolled with a roller having a compression 
 of not less than three hundred (300) pounds to the lineal inch 
 width of tire, until the surface is unyielding, true to grade and 
 cross-section. 
 
 The completed surface shall be a solid, dense, bituminous con- 
 crete, the mineral aggregate of which shall have a high degree 
 of inherent stability. Such surface shall have at least ninety (90) 
 per cent of the specific gravity of the mineral aggregate. 
 
 No pavement shall be laid in rainy weather or when the foun- 
 dation is wet from rain or any other cause.
 
 MODEL SPECIFICATIONS 153 
 
 Upon the wearing surface shall be spread a thin coating of 
 bitulithic flush coat composition by means of a spreading machine 
 so designed as to spread quickly and evenly the desired amount. 
 This flush coat composition shall be applied at the rate of one- 
 eighth (i/g ) gallon per square yard of paving surface, at a temper- 
 ature sufficient to cause it to flow freely, but not exceeding two 
 hundred and fifty (250) degrees Fahrenheit. 
 
 While the flush coat composition is still warm, at least two (2) 
 coats of stone screenings not greater than one-fourth (%) inch 
 in their largest dimension of the same character as the wearing 
 surface rock shall be spread over the surface of the pavement, 
 at a temperature of from two hundred (200) degrees Fahrenheit 
 to two hundred and fifty (250) degrees Fahrenheit, in such a 
 manner as to rapidly and uniformly cover the surface of the pave- 
 ment, using not less than one (1) cubic yard of screenings to one 
 hundred (100) square yards of wearing surface. The surface 
 shall then be rolled with a roller as hereinbefore specified, until 
 ,the pavement becomes cool. 
 
 On grades over four (4) per cent shall be used a mineral flush 
 coat prepared by mixing the flush coat composition with one- 
 fourth ( l /i) inch hot stone screenings applied while hot and rolled 
 into the surface to provide a rougher surface. 
 
 SPECIFICATIONS FOR SEWERING. 
 
 Excavation of Sewer Trench. 
 
 The ground shall be excavated in open trenches, the sides of 
 which shall be parallel to, and at equal distance on each side of, 
 the center line of sewer as surveyed by the city engineer. The 
 bottom of the trench shall be graded to an exact grade obtained 
 by measuring, with a rod, from a fine string, tightly drawn be- 
 tween grade planks along the center line of sewer and parallel 
 with the grade of the sewer. The grade thus obtained shall be 
 the grade for the bottom of the pipe. The aforesaid planks shall 
 be at least six inches in depth, and shall be laid at right angles 
 to and across the ditch in accordance with the stakes set by the 
 city engineer. 
 
 Cross cuts deep enough to receive the sockets of the pipe shall 
 be cut in bottom of trench in order that the pipe may not rest 
 on the sockets. The sides of the trench must be supported with 
 planking and bracing when in caving ground. Where the trench 
 is in rock, excavation must be six (6) inches below grade, and 
 the bottom brought to grade with earth well tamped in place. 
 Whenever the bottom of the trench is in mud or quicksand the 
 bottom must be made solid by replacing the mud or quicksand 
 with earth well tamped in place.
 
 154 MODEL SPECIFICATIONS 
 
 All water pipes, gas pipes and conduits must be properly sup- 
 ported where crossing or lying along the trench. 
 
 Pipe for Sewers, "Y" Branches, Drop-Connections and Lampholes. 
 
 Pipe and "Y" branches shall be designated by their interior 
 diameter. All pipe for sewers, "Y" branches, drop-connections 
 and lampholes shall be first-quality, salt-glazed, vitrified, iron- 
 stone sewer pipe, sound and well burned throughout their thick- 
 ness, impervious to moisture, of smooth, well-glazed exterior and 
 interior surface, free from objectionable cracks, flaws, blisters 
 and other imperfections. The pipe shall be straight and not 
 vary from a true cylinder more than one-twelfth (1/12) of an inch 
 for each three inches of diameter of pipe. All pipe shall be of 
 the bell and spigot pattern with true, circular sockets concentric 
 to the bore of the pipe. Sockets must be of sufficient diameter 
 to receive, for their full depth, the spigot end of the next following 
 pipe without any chipping whatever of either, and also to leave 
 a space of not less than Y% inch in width all around for the cement 
 mortar joint. 
 
 Laying Pipe. 
 
 Each pipe must lie on the grade of trench and its spigot end be 
 bedded in the cement mortar in the socket of the pipe previously 
 laid; said cement mortar to extend around the inside of said 
 socket on the lower half of the circle. 
 
 The sockets must be laid in the cross-cuts previously cut in 
 the trench. 
 
 The pipe must be pressed along into the socket so that the 
 spigot end will be, at most, one-fourth inch from the shoulder 
 of the socket. After the pipe is properly on grade and line, the 
 socket must be filled all around with cement mortar, pressed in 
 with the hand or trowel, filling mortar flush with outside of socket 
 and one inch on body of entering pipe. Should there be any 
 space on the inside between the ends of the pipe, it must be 
 solidly filled with cement mortar and smoothed to the surface. 
 Then fine earth must be pressed under the sides of the pipe and 
 half way up the sides of the pipe, and tamped before the next 
 pipe is laid. The interior of the sewer shall be carefully freed 
 from all cement, dirt and superfluous material of every descrip- 
 tion as the work proceeds. 
 
 Cement Mortar. 
 
 Cement mortar, for cementing pipes, shall be composed of one 
 part cement to two parts sand, mixed dry; after being thoroughly 
 mixed, water enough to be added to admit of stirring. No mor- 
 tar which has been standing over one hour to be used. Mortar 
 must be mixed in a water-tight box.
 
 MODEL SPECIFICATIONS 155 
 
 Re-filling of Sewer Trench. 
 
 Aftejr the pipe has been properly laid the space between it and 
 the sides of the trench shall be filled with fine earth, both sides 
 being filled at the same time and carefully tamped so as not to 
 disturb the pipe. But no filling shall be done until the work has 
 been inspected and approved by the official whose duty it is 
 to inspect and approve the same. When at least thirty (30) 
 feet of pipe has been laid and tamped as above, the trench shall 
 be filled in layers of earth, free from stones; layers to be not 
 more than nine inches thick and each layer carefully tamped 
 before another is added. This mode of filling shall be adopted 
 for a depth of one and one-half feet above top of pipe, with only 
 water enough to dampen the earth if it be too dry to tamp. 
 Above this the filling shall be settled, with water, in layers of 
 not more than three (3) feet in depth, each layer to be thoroughly 
 soaked before the next layer is added. 
 
 Where there is macadam on the line of excavation, the rock 
 shall be kept in separate piles from the earth, and in refilling, 
 the macadam must be handled with a close-tined fork, separating 
 the fine from the coarse rock. The coarse rock must be replaced 
 first, with the fine rock on top. The rocks shall then be rolled 
 with a roller of at least four tons' weight. 
 
 Where the sewer is in fill, the pipe shall be covered to a depth 
 of not less than two feet. The filling shall be thoroughly com- 
 pacted before laying the pipe. 
 
 Manholes. 
 
 Manholes shall be constructed of hard burned, clear-ringing 
 bricks, according to and at points shown on the plans. All brick 
 shall be thoroughly sprinkled with water immediately before 
 laying and shall be laid in cement mortar composed of one part 
 cement to three parts sand. The foundation shall be of brick, 
 four inches in thickness under the pipe, and shall extend all over 
 the bottom of the manhole. The interior surface of the manhole 
 shall be plastered with cement mortar, one-half inch thick, composed 
 of one part cement to one part sand. The surface of the wall 
 shall be brushed clean and smooth after applying the plaster. 
 
 Lampholes and Drop-Connections. 
 
 Lampholes and drop-connections are to be constructed accord- 
 ing to and at the points shown on the plans. The pipe used in 
 their construction shall be laid in the manner specified herein 
 under the heading "Laying Pipe." The brick used in construct- 
 ing lampholes shall be of the same quality and laid in the manner 
 specified for laying bricks under the heading "Manholes."
 
 156 MODKL SPECIFICATIONS 
 
 Iron Work. 
 
 Tops of all manholes and lampholes are to be of cast-iron, and 
 of forms and dimensions shown on plans. Castings are to be set 
 on masonry work in mortar composed of one (1) part hydraulic 
 Portland cement to two (2) parts of sand. All iron castings 
 shall be made of good quality of gray iron, tough and of even grain, 
 free from blow or sand holes or defects. The castings shall be 
 thoroughly cleaned, and then coated with coal tar pitch heated 
 to two hundred (200) degrees Fahrenheit. Iron for steps in 
 manholes shall bs of a good quality of wrought iron, free from 
 defects, and shall be heavily galvanized.
 
 , INITIATIVE, REFERENDUM AND RECALL 157 
 
 INITIATIVE, REFERENDUM AND RECALL. 
 
 The procedure for exercising the initiative and referendum is 
 to be found in the Statutes of 1915, at page 319. The following 
 is a synopsis of the law: 
 
 Initiative. 
 
 Any proposed ordinance may be submitted to the board of 
 trustees by a petition containing the signatures of not less than 
 ten per cent of the electors; the signatures need not be appended 
 to one paper. Each signer must add his place of residence, occu- 
 pation, and date of signing (see Pol. C. 1083A), giving the street 
 and number, if any. 
 
 Each separate paper must have an affidavit attached certifying 
 to the genuineness of the signatures. The proposed ordinance 
 must be set forth in the petition. 
 
 Within ten days after filing the petition, the clerk must com- 
 pare the signatures with the records of registration, and report 
 to the board of trustees on the sufficiency of the petition. If not 
 sufficient the proponents may file a supplemental petition. If 
 found sufficient finally, the board of trustees must pass the ordi- 
 nance without alteration within ten days or submit it to the 
 electors at the next regular municipal election. If, however, the 
 petition is signed by fifteen per cent of the electors and contains 
 a request that it be submitted forthwith, the board of trustees 
 must call a special election on the matter at once. 
 
 Where two or more petitions identical in language are circulated and 
 signed, and to make the required number of names the signatures on one 
 or more are cut off and pasted onto a single petition which is presented, 
 the board has no authority to order the election. (People v. Town of 
 Berkeley, 102 Cal. 298.) 
 
 The duty and power of determining the sufficiency of the petition 
 devolves upon the clerk, and if he has certified the same, in the absence 
 of any showing of fraud or mistake, the functions of the board of trustees 
 are simply ministerial and they must adopt the ordinance or fix the time 
 for the election. (Locher v. Walsh, 17 Cal. App. 727.) 
 
 No name can be withdrawn from a petition after the clerk has certified 
 to its sufficiency. (Locher v. Walsh, 17 Cal. App. 727.) 
 
 The initiative and referendum powers reserved to the people under 
 section 1, article 4 of the Constitution applies only to those acts of the city 
 council which are legislative in character. 
 
 Contracts made by a city council for the purchase of supplies such as 
 printing, gas, water, electricity or furniture, are acts of administration or 
 executive acts and not subject to the referendum. (Hopping v. Council 
 of City of Richmond, 170 Cal. 605.) 
 
 Referendum. 
 
 All ordinances are subject to the referendum and do not go 
 into effect before thirty days from their final passage, except 
 ordinances calling an election or otherwise specially required by 
 the laws of the state, or except an ordinance for the immediate
 
 158 INITIATIVE, REFERENDUM AND RECALL 
 
 preservation of the public peace, health and safety which contains 
 a declaration of the facts constituting its urgency and is passed 
 by a four-fifths vote. 
 
 In order to invoke the referendum against an ordinance, a peti- 
 tion, signed by not less than ten per cent of the electors of the 
 city, protesting against the ordinance, must be presented to the 
 board of trustees, whereupon the ordinance is suspended from 
 operation and the board of trustees must reconsider it; if the 
 board does not repeal the ordinance it must be submitted to the 
 electors at a regular or special election. The clerk must examine 
 and report on the sufficiency of the petition as in the case of the 
 initiative. 
 
 A license ordinance may be a matter affecting the public peace and 
 therefore not subject to the referendum. (Los Angeles Gas 4 Electric 
 Corporation v. City of Los Angeles, 163 Cal. 621.) 
 
 The Recall. 
 (Stats. Ex. Sessions 1911, p. 128.) 
 
 The holder of any elective office may be recalled providing he 
 has held the office at least six months. A petition demanding 
 the election of a successor to the person sought to be removed 
 shall be filed with the clerk. It must be signed by twenty-five 
 per cent of the voters, and contain a statement of the grounds 
 on which the removal or recall is sought. The requirements as 
 to signing and examination by the clerk are the same as in the 
 case of an initiative petition, and a similar affidavit must accom- 
 pany each paper. 
 
 If the petition is found sufficient, the trustees must forthwith 
 call a special election to determine the matter; provided that it 
 may be deferred if a general election is to be held within sixty 
 days. One petition is sufficient for the removal of one or more 
 officials. Nominations to fill the office may be made as prescribed 
 by Sec. 1188 of the Political Code. Both the petitioners and the 
 officer sought to be recalled may prepare arguments in not more 
 than two hundred words each, which shall be printed on the sample 
 ballots. The names of the persons nominated to fill the office 
 shall also be printed on the ballot underneath the question, 
 
 "Shall be recalled from the office of " 
 
 "Yes" and "No." If a majority vote in favor of the recall the 
 officer shall be deemed removed, and the person receiving the 
 highest number of votes for the office is elected to the vacancy. 
 
 NOTK. Approved forms (complete) necessary for initiative, referendum 
 and recalj proceedings, including all petitions, affidavits, etc., together 
 with full instructions, will be mailed to any officer of a city belonging to 
 the League, free of charge. A charge of (25.00 per set will be made to towns 
 not members of the League.
 
 MUNICIPAL HEALTH OFFICERS. 
 
 LOCAL BOARDS OF HEALTH AND HEALTH OFFICERS. 
 
 ESTABLISHMENT AND ORGANIZATION. 
 
 Constitutional provision Local health boards. 
 
 Any county, city, town, or township may make and enforce 
 within its limits all such local, police, sanitary, and other regu- 
 lations as are not in conflict with general laws. (Constitution, 
 Art. XI, Sec. 11.) 
 
 Boards of health in cities and towns Board of health to be estab- 
 lished in towns and cities. 
 
 SBC. 3061. The board of trustees, council or other legislative 
 body, by whatever name known, of any incorporated city or town 
 of this state, shall by ordinance adopt for the regulation of sanitary 
 matters within the city or town, such rules and regulations relative 
 thereto as are necessary and proper, and not contrary to law, and 
 shall supervise all matters pertaining to the sanitary condition 
 of the city or town; provided, that no part of this section shall be 
 construed to prevent the appointment by the board or council or 
 other legislative body of a board of health which shall be advisory 
 to the health officer. 
 
 Every such board or council or other legislative body shall 
 appoint a health officer who shall receive for his services such 
 compensation as may be determined by said appointing body 
 and shall hold office at its pleasure. Immediately after the 
 appointment of the health officer the board or council shall notify 
 the secretary of the state board of health of the appointment and 
 the name and address of the appointee. 
 
 Each health officer of an incorporated city or town must: 
 
 First -Enforce and observe 
 
 (a) All orders and ordinances of the board of trustees or council 
 of his city or town pertaining to health and sanitary matters. 
 
 (b) All orders, quarantine regulations and rules prescribed by 
 the state board of health. 
 
 (c) All statutes relating to the public health and to vital 
 statistics. 
 
 Second -Report to the secretary of the state board of health 
 at Sacramento at such times as the state board may require: 
 
 (a) The sanitary condition of his locality. 
 
 (b) The number of deaths, with the cause of each, as near as 
 can be ascertained, within his jurisdiction during the preceding 
 month.
 
 160 HEALTH LAWS 
 
 (c) The presence of epidemic or other dangerous contagious, 
 or infectious diseases and such other matters within his knowledge 
 or jurisdiction as the state board may require. (Pol. Code; 1917 
 amendment.) 
 
 POWERS AND DUTIES 
 Certain diseases to be reported. 
 
 SBC. 2979a. It is the duty of each coroner, and of every county, 
 city and county, city or town health officer, knowing or having 
 reason to believe, that any case of cholera, plague, yellow fever, 
 malaria, leprosy, diphtheria, scarlet fever, smallpox, typhus fever, 
 typhoid fever, para-typhoid fever, anthrax, glanders, epidemic 
 cerebrospinal meningitis, tuberculosis, pneumonia, dysentery, 
 erysipelas, uncinariasis or hookworm, trachoma, dengue, tetanus, 
 measles, German measles, chickenppx, whooping cough, mumps, 
 pellagra, beriberi, Rocky Mountain spotted (or tick) fever, 
 syphilis, gonococcus infection, rabies, poliomyelitis, or any other 
 contagious or infectious disease exists, or has recently existed, 
 within the city, county, city and county, town, or township of 
 which he is such officer, to take such measures as may be necessary 
 to prevent the spread of such disease, and to report at once in 
 writing such cases to the secretary of the state board of health at 
 Sacramento. 
 
 It is also the duty of every attending or consulting physician, 
 nurse, or other person having charge of or caring for any person 
 afflicted with any of said contagious diseases, to report at once in 
 writing to the local health officer the nature of the disease, the 
 name of the person afflicted and the place of his or her confine- 
 ment; provided, however, that syphilis and gonococcus infection 
 shall be reported by office number only; provided, further, that 
 official records of tuberculosis cases shall be for official use only and 
 not open to private inspection. 
 
 The state board of health, or its secretary, upon being informed 
 of any such contagious or infectious disease, may thereupon take 
 such measures as may be necessary to ascertain the nature of such 
 disease and prevent the spread of such contagion, and to that end, 
 said state board of health, or its secretary, may, if deemed proper, 
 take possession or control of the body of any living person, or the 
 corps of any deceased person, and may direct and take such means 
 as may be deemed expedient to arrest or prevent the further spread 
 of such disease. (Pol. Code; 1917 amendment.) 
 
 Local officers to enforce rules Reports. 
 
 SEC. 2984. It shall be the duty of the health officer of each 
 municipality and incorporated town within this state to enforce 
 within such municipality and incorporated town all orders, rules, 
 and regulations concerning health and quarantine, and the regis- 
 tration, certification, and reporting of births, marriages and
 
 HEALTH LAWS 161 
 
 deaths, as prescribed or directed by the state board of health, and 
 it shall be the duty of such health officer to report in writing to 
 the state board of health at such times as said board shall require, 
 all infectious, contagious and communicable diseases in man or 
 beast which shall come to his knowledge, upon blanks furnished 
 by the state board of health. Said health officer, in cases of local 
 epidemic of disease shall report to the state board of health all 
 facts concerning the disease and the measures taken to prevent 
 or abate its spread, infection, or contagion. Every such health 
 officer shall strictly observe and enforce within such municipality 
 or incorporated town the provisions of "An act for the registration 
 of deaths, the issuance and registration of burial and disinterment 
 permits and the establishment of registration districts in counties, 
 cities and counties, cities and incorporated towns, under the 
 superintendence of the state bureau of vital statistics and pre- 
 scribing the powers and duties of registrars, coroners, physicians, 
 undertakers, sextons and other persons in relation to such regis- 
 tration and fixing penalties for the violation of this act," approved 
 March 18, 1905, and also the provisions of chapter three of title 
 seven of part three (sections three thousand seventy-four to three 
 thousand eighty-four) of the Political Code of the State of Cali- 
 fornia relating to the registration, certification and reporting of 
 marriages, births, and deaths, and shall promptly report to the 
 state board of health all violations of the state health laws and of 
 the law relating to the registration, certification and reporting of 
 marriages, births and deaths which shall come to his knowledge. 
 (Pol. Code; 1917 amendment.) 
 
 Health officers powers, duties and compensation. 
 
 SEC. 4225a. The board of supervisors of any county wherein a 
 county health officer has been appointed under the provisions of 
 section four thousand two hundred twenty-five of the Political 
 Code shall have power to contract with any incorporated city or 
 town or chartered city within such county, and such incorporated 
 city, town or chartered city therein, through its board of trustees, 
 council or other legislative body, shall have power to contract 
 with such county for the performance by health officers or other 
 employees of health departments of any or all functions relating 
 to public health. Whenever such contract has been duly entered 
 into, the county health officer and his deputies shall thereupon 
 exercise the same powers and duties within such city or town or 
 chartered city as are conferred upon health officers thereof by 
 state law and local ordinance within such city or county. In any 
 such contract the city, town or chartered city shall have power and 
 authority to provide for the payment by such incorporated city 
 or town or chartered city to the county of such consideration as
 
 162 HEALTH LAWS 
 
 may be agreed upon, the same to be paid to the county treasurer 
 of the county. 
 
 The board of supervisors of any county may contract with any 
 incorporated city or town or chartered city within such county, 
 through its board of trustees, council or other legislative body, 
 to secure the performance by the health officer or other health 
 department employees of such city, town or chartered city, or in 
 any unincorporated territory adjacent thereto, of any or all func- 
 tions relating to public health. Payment for said services in such 
 unincorporated territory shall be made by the county to the city 
 treasurer of such city or town or chartered city. 
 
 Said contracts may further provide for the care and support, 
 including medical attendance, of indigent sick, and for compen- 
 ation therefor. (Pol. Code; 1919 enactment.) 
 
 Public health nurses may be employed by incorporated towns. 
 
 SEC. 3062. The board of trustees, council or other corre- 
 sponding board of any incorporated town or city of this state may 
 employ one or more public health nurses, each of whom shall be 
 a registered nurse possessing such qualifications as may, at the 
 date of her employment, be prescribed by the state board of health. 
 The public health nurse shall attend to such matters pertaining to 
 the health and sanitary conditions of the town or city wherein 
 she is employed, as the board of trustees, council or other corre- 
 sponding board may, from time to time, assign to her, and shall 
 receive such compensation as may be determined by said board. 
 (Pol. Code, 1919 enactment.) 
 
 Mosquito abatement districts. 
 
 They may include municipalities and unincorporated territory. 
 
 For method of organization, powers and duties, see 1917 Statutes, 
 page 791. 
 
 VACCINATION ACT. 
 
 (Statutes 1911, p. 295.) 
 
 Synopsis. 
 
 This act provides that within five days after being enrolled 
 in school, every child must file a certificate of vaccination, or a 
 statement of the parent or guardian in writing that such parent 
 or guardian is conscientiously opposed to vaccination, or in lieu 
 thereof a physician's certificate to the effect that the child is 
 not physically able to stand vaccination. The children failing 
 to file such certificate or statement shall be excluded from school. 
 Whenever smallpox exists in the vicinity the unvaccinated children 
 shall be excluded from school. 
 
 Every person violating any of the provisions of the act shall 
 be guilty of a misdemeanor and punished by a fine of not less than 
 $25.00 nor more than $300.00.
 
 HEALTH LAWS 163 
 
 RABIES PREVENTION ACT. 
 
 (Statutes 1913, p. 783.) 
 Synopsis. 
 
 This act provides that whenever the state board of health 
 finds that the rabies or some other animal disease dangerous to 
 man exists in a locality, a quarantine shall be declared against 
 all such animals in such locality, and that it shall be the duty 
 of all peace officers and boards of health to carry out the provis- 
 ions of the act and the enforcement of the quarantine. 
 
 For the purpose of providing funds to pay the expenses incurred 
 in connection with the eradication of diseases included under this 
 act, a special fund, to be known as the rabies treatment and 
 eradication fund, is hereby created for each county, city and 
 county, or incorporated city or town in the State of California. 
 All moneys collected in accordance with the following procedure 
 shall be deposited to the credit of this fund with the treasurer 
 of the county, city and county, or incorporated city or town; 
 provided, that funds now collected from any dog tax may continue 
 to be collected and used for other purposes specified by local 
 ordinances. 
 
 Upon the determination by the state board of health that 
 rabies does exist in any county, city and county, or incorporated 
 city or town, a special dog license tax shall immediately become 
 effective, unless a dog tax is already in force the funds from which 
 are available for the payment of expenditures in accordance with 
 the provisions of this act. This tax shall be levied as follows: 
 An annual tax of one dollar and fifty cents for each male, two 
 dollars and fifty cents for each female, and one dollar and, fifty 
 cents for each neuter dog, the same to be collected by the proper 
 authority at the same time and in the same manner as other taxes 
 are collected; provided, however, that there shall be collected 
 at the first collection such proportion of the annual tax as corres- 
 ponds to the number of months the tax has been in operation plus 
 one year advance payment. After this dog license tax has been 
 established in a county, city and county, or incorporated city or 
 town, it shall be continued in force until an order has been issued 
 by the state board of health declaring that county, or such por- 
 tion of that county as may be deemed advisable, to be free from 
 rabies or further danger of its spread. 
 
 One-half of all fines collected by any court or judge for viola- 
 tions of the provisions of this act shall be placed to the credit 
 of the rabies treatment and eradication fund of the county, city 
 and county, incorporated city or town in which the violation 
 occurred.
 
 164 HEALTH LAWS 
 
 EXTERMINATION OF RODENTS. 
 
 (Statutes 1909, p. 311.) 
 Synopsis. 
 
 This act makes it the duty of every person, firm or corporation 
 owning or controling property, to exterminate all rats, mice, 
 gophers or ground squirrels. 
 
 The legislative bodies of cities and counties are authorized to 
 expend any money necessary for poisons, traps or other materials 
 required for their extermination, and they may also employ and 
 pay inspectors to prosecute the work of extermination. In case 
 any person, firm or corporation fails or refuses to take the neces- 
 sary steps to exterminate the rodents on their property, it shall 
 be the duty of the state and local board of health and health 
 officer to take whatever measures are necessary to abate the 
 nuisance, whereupon the expense involved shall become a lien 
 on the property, subject to foreclosure within ninety days. 
 
 OPHTHALMIA. 
 
 (Act approved June 11, 1915; Statutes 1915, p. 1431.) 
 Synopsis. 
 
 . Any condition of the eye, or eyes, of any infant in which there 
 is any inflammation, swelling or redness in either one or both 
 of eyes of any such infant, either apart from or together with any 
 unnatural discharge from the eye, or eyes, of any such infant, 
 at any time within two weeks after its birth, shall, independent 
 of the nature of the infection, for the purpose of this act, be called 
 ophthalmia neonatorum. 
 
 It shall be the duty of any physician, surgeon, obstetrician, 
 midwife, nurse, maternity home or hospital to report all cases 
 to the local health officer within twenty-four hours, failure -to 
 do so constituting a misdemeanor punishable by a fine of fifty 
 dollars for the first offense, one hundred dollars for the second 
 and two hundred dollars for the third offense. A further offense 
 shall be sufficient cause for a revocation of the license of the 
 physician, midwife or other person professionally employed. 
 
 STERILIZATION OF WIPING RAGS. 
 (Statutes 1913, p. 86.) 
 
 Every person or corporation who supplies or furnishes to his 
 or its employees for wiping rags, or who sells or offers for sale 
 for wiping rags, any soiled wearing apparel, underclothing, bed- 
 ding, or parts of soiled or used underclothing, wearing apparel,
 
 HEALTH LAWS 165 
 
 bedclothes, bedding or soiled rags and cloths, unless the same 
 have been sterilized by a process of boiling for forty minutes in 
 a solution containing five per cent of caustic soda, and unless 
 before such boiling, the sleeves, legs and bodies of garments are 
 ripped and made into flat pieces, is guilty of a misdemeanor. 
 
 Wiping rags within the meaning of this act are cloths and rags 
 used for wiping and cleaning machinery, automobiles, cars, car- 
 riages, windows, and furniture, and generally used for cleaning 
 purposes in industrial employments. 
 
 Each county, city and county, city and town, may regulate 
 the business of laundering, sterilizing, and selling wiping rags. 
 
 PUBLIC NUISANCES. 
 Definition. 
 
 SEX:. 370. Anything which is injurious to health, or is indecent, 
 or offensive to the senses, or an obstruction to the free use of 
 property, so as to interfere with the comfortable enjoyment of 
 life or property by an entire community or neighborhood, or by 
 any considerable number of persons, or unlawfully obstructs the 
 free passage or use, in the customary manner, of any navigable 
 lake, or river, bay, stream, canal, or basin, or any public park, 
 square, street, or highway, is a public nuisance. (Penal Code.) 
 
 Spitting prohibited, where. 
 
 SEC. 372a. It shall be a misdemeanor for any person to dis- 
 charge mucus from the nose or mouth or spit upon any sidewalk, 
 of any public street or highway or upon any part of any public 
 building or railroad train, street-car, stage, ferryboat, steamer, 
 boat or other vessel or vehicle used for the transportation of 
 the public. (Penal code, 1907 enactment.) 
 
 Penalty. 
 
 SEC. 373a. Every person who maintains, permits, or allows 
 a public nuisance to exist upon his or her property or premises, 
 and every person occupying or leasing the property or premises 
 of another who maintains, permits, or allows a public nuisance 
 to exist thereon, after reasonable notice in writing from a health 
 officer or district attorney to remove, discontinue or abate the 
 same has been served upon such person, is guilty of a misdemeanor, 
 and shall be punished accordingly; and the existence of such 
 nuisance for each and every day after the service of such notice 
 shall be deemed a separate and distinct offense, and it is hereby 
 made the duty of the district attorney to prosecute all persons 
 guilty of violating this section by continuous prosecutions until 
 the nuisance is abated and removed. (Penal Code.)
 
 166 HEALTH LAWS 
 
 Lien for sewer connections made by city. 
 
 SEC. 1191a. Any health officer or governing board of any city, 
 town or sanitary district, having served written notice upon the 
 owner or reputed owner of real estate upon which there is a dwelling 
 house, and such owner or reputed owner, after thirty days, having 
 refused, neglected or failed to connect such dwelling house, to- 
 gether with all toilets, sinks, and other plumbing therein, 
 properly vented, and in a sanitary manner, with the adjoining 
 street sewer, may construct the same at a reasonable cost, and 
 the person doing said work at the request of such health officer 
 or governing board, has a lien upon said real estate for his work 
 done and materials furnished, and such work done and materials 
 furnished shall be held to have been done and furnished at the 
 instance of such owner or reputed owner, or -person claiming or 
 having any interest therein. (Code of Civil Procedure, 1909 
 enactment.) 
 
 Unlawful to discharge sewage into streams or bays. 
 
 Any county, city and county, city, town, village, district, 
 community, institution, person, firm or corporation, who shall 
 deposit, discharge or continue to deposit or discharge, into any 
 stream, river, lake, or trituitory thereof, or into any other waters, 
 used or intended to be used for human or animal consumption 
 or for domestic purposes, or into or upon any place the surface 
 or subterranean drainage from which may run or percolate into 
 any such stream, river, lake, tributary or other waters, or into 
 any of the salt waters within the jurisdiction of this state, any 
 sewage, sewage effluent or other substance by the terms of sec- 
 tion 2 of this act forbidden so to be deposited or discharged, 
 without having an unrevoked permit so to do, as in this act pro- 
 vided, may be enjoined from so doing by any court of competent 
 jurisdiction at the suit of any person or municipal corporation 
 whose supply of water for human or animal consumption or for 
 domestic purposes is taken from such stream, river, or other 
 running water at a point below the place of such discharge or 
 deposit, or from such lake, or at the suit of the State of California, 
 or at the suit of any municipality, community, county, or city 
 and county, any of the residents of which shall take water 
 from such stream, river or other running water, and if it shall 
 determine, as a fact, that the substance discharged or deposited 
 by virtue thereof causes a contamination or pollution that en- 
 dangers the lives or health of human beings or animals, or con- 
 stitutes a menace to public health. The state board of health 
 and its inspectors shall at any and all times have full power and 
 authority to and shall be permitted to, enter into and upon any 
 and all enclosures and structures for the purpose of. (Public 
 Health Act, 1913, Statutes, p. 796.)
 
 HEALTH LAWS 167 
 
 PUBLIC HEALTH ACT. 
 
 (Approved March 23, 1907; amended 1911, 1913; Statutes 1907, 
 p. 893; 1911, p. 565; 1913, p. 796.) 
 
 Synopsis, giving procedure in case of contagious or communica- 
 ble diseases. 
 
 Said health officer shall report to the state board of health all 
 violations of the state health laws and all violations of the state 
 laws relating to registration of births, marriages, and deaths, 
 which shall come to their knowledge. 
 
 Every county health officer, and every city and county, city, 
 or town board of health, or chief executive health officer thereof, 
 shall report in writing to the state board of health regularly on 
 or before the fifth day of each month, and also whenever requested 
 by the state board of health, or its secretary, all infectious, con- 
 tagious and communicable diseases in man or beast which shall 
 come to his knowledge, upon blanks furnished by the state board 
 of health; and he shall, in cases of local epidemic of disease, 
 report at such times as shall be requested by the state board of 
 health, or its secretary, all facts concerning the disease, and the 
 measures taken to abate and prevent its spread. 
 
 Quarantine rules. 
 
 SEC. 13. The following rules and requirements shall be strictly 
 observed in all cases of quarantine, subject, however, to such 
 changes and modifications as the state board of health, or its 
 secretary, may otherwise require and direct: 
 
 Rule 1. Every county, city and county, city, or town board 
 of health, or chief executive health officer thereof, upon receiving 
 information of the existence of such diseases within its or his 
 jurisdiction, must immediately quarantine each and every case 
 of Asiatic cholera, yellow fever, typhus fever, plague, smallpox, 
 scarlet fever, diphtheria, (and such other contagious or infectious 
 diseases) as may, from time to time be declared quarantinable, 
 and in addition to their local rules and regulations shall follow 
 all general and special rules, regulations, and orders of the state 
 board of health, or its secretary. 
 
 Said health boards or officers must, within twenty-four hours 
 after quarantine, report fully, in writing, to the secretary of the 
 state board of health, all of such cases quarantined; provided, 
 however, that said health officers shall immediately report by 
 telegraph to said secretary of the state board of health every 
 case discovered or known of plague, Asiatic cholera, yellow fever 
 or typhus fever, and after investigation and within twenty-four 
 hours shall report the cause, source and extent of contagion and
 
 168 HEALTH LAWS 
 
 infection, and all acts done and measures adopted in each case, 
 and shall make such further reports as the secretary of the state 
 board of health may require. 
 
 Rule 2. In addition to the list of quarantinable diseases given 
 in rule 1 the following is a partial list of contagious, infectious 
 and communicable diseases, all of which, though not required 
 to be quarantined, must be promptly reported in writing to the 
 state board of health, or its secretary, by the said local health 
 boards or chief executive health officers, viz: chicken-pox, ery- 
 sipelas, pneumonia, uncinariasis or hookworm, epidemic cerebro- 
 spinal meningitis, trachoma, whooping-cough, mumps, dengue, 
 dysentery, tuberculosis, typhoid fever, tetanus, malaria, leprosy, 
 measles, German measles, glanders and anthrax affecting human 
 beings, rabies, pellagra, beriberi, syphilis, gonococcus infection, 
 and poliomyelitis, and any disease which appears to have become 
 epidemic. 
 
 Rule 3. When any building, house, structure, or part thereof, 
 or tent or other place, is quarantined because of a contagious, 
 infectious or communicable disease, said local health boards or 
 chief executive health officer shall cause to be firmly fastened, 
 in the most conspicuous place upon such house, building, tent, 
 or other place, a placard or flag, upon which is printed the name 
 of the disease, in plain and legible letters at least two and one- 
 half inches in length. This placard or flag must not be removed 
 by any person except the health officer or his deputy, and in no 
 case until the premises have been thoroughly disinfected. 
 
 Rule 4. When persons quarantined in a house, building, struct- 
 ure, tent, or other place have recovered from the disease for which 
 the quarantine is established, or when the quarantine is for 
 exposure to a contagious, infectious or communicable disease, 
 and the period of incubation designated has elapsed, the quaran- 
 tine shall not be raised by order of the local board of health or 
 local health officer until every exposed room, together with all 
 bedding, clothing, and all other personal property contained 
 therein, has been thoroughly disinfected, or if necessary, such 
 personal property may be destroyed, by or under the direction 
 of the health officer or his deputy; and until all persons quaran- 
 tined shall have taken a thorough antiseptic bath and put on 
 clothing free from contagion. 
 
 Rule 5. Whenever quarantine is established by any local board 
 of health or health officer to prevent the spread of any contagious, 
 infectious, or communicable disease, it shall be the duty of all 
 persons to obey the rules, orders and regulations of such health 
 board or health officer.
 
 HEALTH LAWS 169 
 
 Rule 6. No milkman shall take away milk bottles or other 
 receptacles for milk from any building, house, structure, tent, 
 or other place, in which a contagious, infectious or communicable 
 disease exists or has existed, nor from any place within any quar- 
 antined district, nor at any time after such quarantine has been 
 removed, unless with the written permission of the local health 
 officer, and after such milk bottles or receptacles have been 
 disinfected and cleaned to the satisfaction of such officer. 
 
 Rule 7. Whenever there exists in the house of any milkman, 
 milk dealer or milk distributor, any case of cholera, typhus fever, 
 plague, scarlet fever, diphtheria, membranous croup, leprosy, 
 anthrax, glanders, cerebrospinal meningitis, whooping-cough, 
 typhoid fever, dysentery, trachoma or tetanus, then it shall be 
 unlawful for such milkman, milk dealer, or milk distributor, to 
 continue the sale or distribution of milk until the local board of 
 health or chief executive health officer has appointed at the 
 expense of the county where such milkman, dealer or distributor 
 lives a person to superintend his cows, dairy or other place where 
 such milk is sold, or from which it is delivered or distributed, 
 and all cows, bottles, vessels and milk utensils. Such person 
 so appointed by the local board of health, or chief executive 
 officer, shall strictly require that all persons attending to the 
 cows, dairy, sheds, milk cans, bottles, vessels, and milk utensils, 
 shall not have access to the infected house, nor any communica- 
 tion with the persons who reside in such infected house, except 
 with the permission and under the inspection of the local health 
 officer. 
 
 Rule 8. Every person subject to quarantine, residing or being 
 in a quarantined building, house, structure or tent, shall not go 
 beyond the lot upon which such building, house, structure or 
 tent is situated, nor put himself in immediate communication 
 with any person not subject to quarantine, other than the health 
 officer and physician. The local board of health or local chief 
 executive health officer maintaining a quarantine shall appoint, 
 or cause to be appointed a suitable person to perform necessary 
 outside services for the necessary wants of the persons quaran- 
 tined. Such person so appointed shall never enter the building, 
 house, structure, or tent nor come in personal contact with any 
 of tha persons quarantined, but shall leave at the entrance of 
 the building, house, structure or tent, or at such other place as 
 may be designated by the health officer or deputy, all articles 
 which he may have brought, and he shall strictly observe the 
 orders of the local health officer. (1911 amendment.)
 
 170 HEALTH LAWS 
 
 Infected persons not to attend school. 
 
 SEC. 17. No instructor, teacher, pupil, or child affected with 
 any contagious, infectious, or communicable disease which is or 
 might be the subject of quarantine, or has been declared reporta- 
 ble, or who resides in any house, building, structure, tent, or 
 other place where such disease exists or has recently existed, 
 shall be permitted, by any superintendent, principal or teacher 
 of any college, seminary, public or private school, to attend such 
 college, seminary, or school, except by the written permission 
 of the local health officer.
 
 HEALTH LAWS 171 
 
 WATER SUPPLY AND SEWAGE DISPOSAL. 
 (Statutes 1913, p. 793; 1915, p. 1282.) 
 
 Permission to board of health for permission to supply water. 
 
 Whenever any person, firm, corporation, public utility, munici- 
 pality or other public body, institution, or corporation shall desire 
 to furnish or supply or continue to furnish or supply water for 
 domestic uses or purposes to any person in any county, city and 
 county, municipal corporation, village, district, community, hotel, 
 temporary or permanent resort, institution or industrial camp, it or 
 he shall file as herein provided with the state board of health a 
 petition for permission so to do, together with a statement con- 
 taining a general description and history of the existing or pro- 
 posed water supply system of distribution showing the geographical 
 location thereof with relation to the source of the water supply 
 and all the sanitary and health conditions surrounding and affect- 
 ing said supply and the works, system, plant and distributing 
 system, such general statement to be in such form and to cover 
 such matters as the state board shall prescribe. Thereupon a 
 thorough investigation of the proposed or existing works, system, 
 plant, water supply and all other circumstances and conditions 
 by it deemed to be material must be made under the direction 
 of the state board of health; and provided, further, that no per- 
 son, firm or corporation supplying water for domestic purposes or 
 use on his or its private property upon which there is no industrial 
 camp, hotel, temporary or permanent resort using said water, or 
 supplying less than two hundred service connections, shall be re- 
 quired to apply for a permit under the provisions of this section, 
 except upon formal complaint filed with the state board of health 
 by a person receiving such water or by some duly authorized 
 public officer. 
 
 FOOD SANITATION ACT. 
 
 (1909 Statutes, p. 151.) 
 Synopsis. 
 
 This act requires that every portion of a building used as a 
 bakery, confectionary, cannery, restaurant, meat market, or 
 other place used for the preparation, manufacture, sale or dis- 
 tribution of food be conducted with a strict regard to the public 
 health. 
 For the purposes of the act food includes drinks. 
 
 It describes how the floors, sidewalks, ceilings, furniture and 
 utensils shall be kept in a sanitary condition. The doors, windows 
 and all other openings must be provided with wire screens.
 
 172 HEALTH LAWS 
 
 Toilet rooms are required to be separate and apart from the main 
 rooms, with lavatories and washrooms adjacent, supplied with 
 running water, soap and towels. Cuspidors must be provided 
 for the use of operatives and contain not less than five ounces of 
 a disinfectant solution while in use. 
 
 No person shall be allowed to sleep or reside in a place where 
 food is prepared or dispensed, and no person afflicted with dis- 
 ease shall be allowed to work in such a place. 
 
 All local health officers shall have full power to enter any building 
 or portion thereof where food is prepared or dispensed, and in 
 case the law is being violated, the health officer making the ex- 
 amination shall at once send a written report of the same to the 
 district attorney of the county, and also to the state board of 
 health. It is the duty of the district attorney to prosecute all 
 persons violating any of the provisions of this -act. 
 
 All buildings, rooms, basements, cellars, and other places and 
 things, kept, maintained or operated, in violation of the provis- 
 ions of this act or any of them, and all food produced, prepared, 
 manufactured, packed, stored, kept, sold, distributed or trans- 
 ported in violation of the provisions of this act or any of them, 
 are hereby declared to be public nuisances, dangerous to health. 
 Such nuisances may be abated or enjoined, in an action brought 
 for that purpose by the local or state board of health, or they 
 may be summarily abated in the manner provided by law for 
 the summary abatement of public nuisances dangerous to health. 
 
 Any person, firm or corporation, whether as principal or agent, 
 employer or employee, who violates any of the provisions of this 
 act shall be guilty of a misdemeanor, and each day that condi- 
 tions or actions, in violation of this act, shall continue, shall be 
 deemed to be a separate and distinct offense, and for each offense, 
 upon conviction, he shall be punished by a fine of not less than 
 twenty-five dollars nor more than five hundred dollars, or shall 
 be imprisoned in the county jail for a term not exceeding six 
 months, or by both such fine and imprisonment. 
 
 SANITATION OF SWIMMING POOLS 
 (Act approved April 6, 1917; Statutes 1917, p. 70.) 
 
 Supervision and rules and regulations. 
 
 SEC. 1. The state board of health shall have supervision over 
 the sanitation, healthfulness and cleanliness and safety of swim- 
 ming pools, bathhouses, public swimming and bathing places and 
 all related appurtenances and is hereby empowered to make and 
 enforce such rules and regulations pertaining thereto as it shall 
 deem proper.
 
 HEALTH LAWS 173 
 
 Application. Investigation. Permit by state board of health. 
 
 SEC. 2. It shall be unlawful for any person, persons, firm, 
 corporation, institution or municipality in any district, town, city, 
 county, or city and county, to construct or to add to or modify, 
 or to operate or to continue to operate any swimming pool, public 
 bathhouse, bathing or swimming place, or any structure intended 
 to be used for swimming or bathing purposes without an unrevoked 
 permit so to do from the state board of health. This permit shall 
 be obtained in the following manner: any person, persons, firm, 
 corporation, institution or municipality desiring to construct, add 
 to or modify, or to operate and maintain any swimming pool, public 
 bathhouse, bathing or swimming places or structures intended to 
 be used for swimming or bathing purposes within the State of 
 California shall file application for permission so to do with the 
 state board of health, which application shall be accompanied by 
 detailed maps, drawings, specifications and description of the 
 structure, its appurtenances and operation, description of the 
 source or sources of water supply, amount and quality of water 
 available and intended to be used, method and manner of water 
 purification, treatment, disinfection, heating, regulating and 
 cleaning: life-saving apparatus, and measures to insure safety of 
 bathers; measures to insure personal cleanliness of bathers; method 
 and manner of washing, disinfecting, drying and storing bathing 
 apparel and towels, and all other information and statistics that 
 may be required by the state board of health; whereupon, the 
 state board of health shall cause an investigation to be made of the 
 proposed or existing pool or public bathing places and if it shall 
 determine as a fact that the same is or may reasonably be expected 
 to become unclean or insanitary or may constitute a menace to 
 public health, it shall deny the application for permit; if it shall 
 determine as a fact that the same is or may reasonably be expected 
 to be conducted continuously in a clean and sanitary manner and 
 will not constitute a menace to public health, it shall grant the 
 application for permit under such restrictions as it shall deem 
 proper. 
 
 HOTEL SANITATION 
 
 (Act approved May 11, 1917; Statutes 1917, p. 432.) 
 Hotel defined. 
 
 SEC. 1. Every building or structure, kept as, used as, main- 
 tained as, or advertised as, or held out to the public to be, a place 
 where sleeping or rooming accommodations are furnished to the 
 public, or any part of the public, whether with or without meals, 
 shall, for the purpose of this act, be deemed to be a hotel, and 
 whenever the word "hotel" shall occur in this act, it shall be 
 deemed to include lodging house and rooming house.
 
 174 HEALTH LAWS 
 
 Clean bedding, etc. 
 
 SEC. 2. All bedding, bedclothes, or bedcovering, including 
 mattresses, quilts, blankets, sheets, pillows or comforters, used 
 in any hotel in this state must be kept clean and free from all filth 
 or dirt; provided, that no bedding, bedclothes or bedcovering, 
 including mattresses, quilts, blankets, sheets, pillows or comfor- 
 ters, shall be used which is worn out or unfit for use by human 
 beings according to the true intent and meaning of this act. 
 
 Infected rooms. 
 
 SEC. 3. Any room in any hotel in this state which is or shall 
 be infected with vermin or bedbugs or similar things, shall be 
 thoroughly fumigated, disinfected and renovated until such vermin 
 or bedbugs or other similar things are entirely exterminated. 
 
 Clean rooms. 
 
 SEC. 4. Every room in any hotel in this state used for sleeping 
 purposes, must be kept free from any and every kind of dirt or 
 filth of whatsoever nature, and the walls, floors, ceilings and doors 
 of every such room shall be kept free from dirt. 
 
 Proper devices for ventilation. 
 
 SEC. 5. Every room in any hotel, used for sleeping purposes, 
 shall have devices, such as a window or transom, so corstructed 
 as to allow for proper and a sufficient amount of ventilation ir> 
 each such room. 
 
 Size of sheets. 
 
 SEC. 6. Every bed, for the accommodation of any person or 
 persons or guests, kept or used in any hotel in this state, must be 
 provided with a sufficient supply of clean bedding and must be 
 provided with sheets at least eighty-one inches wide and ninety- 
 eight inches long; provided, however, that on every single bed 
 there shall be sheets at least fifty inches wide and ninety-eight 
 inches long. Every bed shall be supplied with clean sheets and 
 pillow slips as often as assigned to a different person. 
 
 Towels. 
 
 SEC. 7. Every hotel, within this state, having a public wash- 
 stand or washbowl, where different persons gather to wash them- 
 selves, must keep a sufficient supply of clean individual towels 
 for the use of such persons within easy access of or to such persons 
 and in plain sight and view. 
 
 Misdemeanor. 
 
 SEC. 8. Every owner, manager, lessee or other person in charge 
 of any hotel in this state who shall fail to comply with this act 
 whether through the acts of his agents or employees, or otherwise, 
 shall be guilty of a misdemeanor and upon conviction shall be
 
 HEALTH LAWS 175 
 
 fined not more than two hundred dollars or shall be imprisoned for 
 not more than three months; and every day that any hotel shall 
 be kept in violation of any of the provisions of this act such keeping 
 shall constitute a separate offense. 
 
 Enforcement. 
 
 SEC. 9. It shall be the duty of the state board of health and 
 local health officers to enforce the provisions of this act. 
 Other than hotels. 
 
 SEC. 10. Nothing in this act shall be construed to include cots 
 or bunks where the same are used in places other than in hotels. 
 
 COMMON DRINKING CUP. 
 
 (Act approved June 1, 1917; Statutes 1917, p. 1517.) 
 Common use. 
 
 SEC. 1. It shall be unlawful for any person, firm or corporation 
 conducting, having .charge of, or control of, any hotel, restaurant, 
 Baloon, soda fountain, store, theater, public hall, public or private 
 school, church, hospital, club, office building, park, playground, 
 lavatory or washroom, barber shop, railroad train, boat, or any 
 other public place, building, room or conveyance, to provide or 
 expose for common use, or permit to be so provided or exposed, 
 or to allow to be used in common, any cup, glass, or other recep- 
 tacle used for drinking purposes. 
 
 Common use defined. 
 
 SEC. 2. For the purposes of this act the term "common use" 
 when applied to a drinking receptacle shall be defined as its use 
 for drinking purposes by, or for, more than one person without 
 its being thoroughly cleansed and sterilized in boiling water or 
 steam between consecutive uses thereof; provided, that nothing 
 in this act is to be construed as prohibiting the use of cups or 
 devices for individual use only; provided, further, that the state 
 board of health may by resolution prescribe other acceptable 
 methods of sterilization which may be used in place of the methods 
 specified in this act. 
 Containers for drinking water. 
 
 SEC. 3. No cask, water cooler or other receptacle shall be 
 used for storing or supplying drinking water to the public or to 
 employees unless it is covered and protected so as to prevent 
 persons from dipping the water therefrom or contaminating the 
 same. All such containers shall be provided with a faucet or 
 other suitable device for drawing the water; provided, that jugs, 
 cans, buckets and similar receptacles without faucets or other 
 devices for withdrawing water may be used if the water is pro- 
 tected against contamination and is withdrawn by pouring only.
 
 176 HEALTH LAWS 
 
 Enforcement. 
 
 SEX;. 4. It shall be the duty of the state board of health and of 
 all health officers of counties, municipalities and health districts 
 to enforce the provisions of this act. 
 
 Misdemeanor. 
 
 SEC. 5. Any person, firm or corporation violating any pro- 
 vision of this act is guilty of a misdemeanor and shall be liable 
 to a fine not exceeding twenty-five dollars for each offense. 
 
 COMMON TOWEL. 
 
 (Act approved June 1, 1917; Statutes 1917, p. 1518.) 
 
 Common use. 
 
 SEC. 1. No person, firm or corporation conducting, operating, 
 having charge of, or control of, any hotel, restaurant, factory, 
 store, barber shop, office building, school, public hall, railroad 
 train, railway station, boat, or any other public place, room or 
 conveyance, shall maintain or keep in or about any such place any 
 towel for common use. 
 
 Common use, defined. 
 
 SEC. 2. For the purpose of this act the term "common use" 
 when applied to a towel shall be defined as its use by, or for, more 
 than one person without its being laundered by a process involving 
 exposure to boiling water or steam between consecutive uses of 
 euch towel; provided, that the state board of health may by 
 resolution prescribe other acceptable methods of sterilization 
 which may be used in place of the methods specified in this act. 
 
 Enforcement. 
 
 SEC. 3. It shall be the duty of the state board of health and 
 of all officers of counties, municipalities and health districts, to 
 enforce the provisions of this act. 
 
 Misdemeanor. 
 
 SEC. 4. Any person, firm or corporation violating any of the 
 provisions of this act is guilty of a misdemeanor and shall be liable 
 to a fine not exceeding twenty-five dollars for each offense.
 
 WORDS AND PHRASES 
 
 used in the 
 ADMINISTRATION OF MUNICIPAL AFFAIRS 
 
 ABBREVIATIONS. McQ. stands for McQuillan on Municipal Cor- 
 porations. The Acts referred to by number are to be found in 
 Deering's General Laws. "Cyc." refers to Encyclopof dia of Law. 
 
 ACCEPTED STREETS. Reconstruction authorized. Sec. 2030 
 McQ. 
 
 ADJOURNED MEETINGS. Hour of meetings necessary. Sec. 602 
 McQ. 
 
 AMUSEMENTS OR SHOWS ON STREETS. Generally speaking, a 
 municipality is not liable where it grants permission to use the 
 streets for sports or amusements, and injuries result therefrom, 
 providing the sport or amusement is legitimate and does not 
 involve a public nuisance. Sec. 2752 McQ. 
 
 ARCHITECTURAL TERRA-COTTA. A vitrified clay product used 
 for building construction. By the application of certain minerals 
 to the surface it may be given different colors in the final firing. 
 It has the advantage of being fire-proof and not requiring any 
 painting. 
 
 ASPHALT. A brownish-black mineral pitch, classed as a variety 
 of bitumen and supposed to result from the evaporation of pet- 
 roleum. 
 
 ASPHALT, TESTING OF. Asphalt is tested for its solubility, 
 hardness, adhesiveness, viscosity and volatility. 
 
 ASPHALTIC CONCRETE PAVEMENT. A pavement made by a 
 mixture of different sizes of stone cemented together with asphalt. 
 
 MACADAM. A pavement composed of layers of different sizes 
 of rock, a coarse layer being on the bottom and finer layers on the 
 top. Each layer is wet down and rolled. This kind of pavement 
 requires constant sprinkling, and although the first cost is low, 
 the expense of maintenance is very high. 
 
 ASPHALT PAVEMENT. A pavement having a wearing surface of 
 asphalt or asphalt and sand and resting on a base made of Portland 
 cement or asphaltic concrete. 
 
 ASSESSMENTS for local improvements cannot be defeated by 
 changing title of property. Sec. 2116 McQ. 
 
 ATTORNEY. Authority of city to contract for extra legal ser- 
 vices. Sec. 1174 McQ. 
 
 AUTOMOBILE CAMP GROUNDS. Grounds established by a muni- 
 cipality for the accommodation of traveling motorists. The city 
 usually supplies water and other conveniences and in some cases, 
 shower baths, stoves and cooking facilities. In some cases a 
 small charge is made, whereas in others the use of the grounds is 
 free for transients.
 
 178 WORDS AND PHRASES 
 
 AWARD OF CONTRACT is a contract itself. Sec. 1241 McQ. 
 
 AWNINGS, SIGNS, AND PROJECTIONS may be declared nuisances 
 and ordered to be removed. Sec. 927 McQ. 
 
 BACK-FILLING. This relates to the refilling of a trench exca- 
 vated for pipes or conduits. It is invariably specified that in 
 back-filling the earth be thoroughly watered and tamped. 
 
 BARRIERS OR LIGHTS are required for streets undergoing con- 
 struction. Sec. 2805 McQ. 
 
 BIDDERS. An insuccessful bidder cannot enjoin an improvement 
 altho he was the lowest bidder. Sec. 2008 McQ. 
 
 BILL BOARDS. How far they may be regulated. Sec. 929 McQ. 
 
 BITULITHIC. A pavement, the main body of which consists of 
 broken stone cemented with bitumen or asphalt. 
 
 BITUMEN. Another name for mineral pitch or asphalt, including 
 the softer varieties of asphalt and mineral targ. 
 
 BLACK BASE. The name given to a base used for street pave- 
 ments which is composed of a mixture of asphalt and rock. It is 
 called black base to distinguish it from a base made with Portland 
 cement. 
 
 BLASTS. The municipality is not liable for injuries received 
 from rocks falling in the street as result of a blast. Sec. 2778 McQ. 
 
 BONDS, MUNICIPAL. The term applied to bonds issued by a muni- 
 cipality and authorized by vote of the electors. The municipality 
 is authorized to levy and collect taxes for payment of the principal 
 and interest, for which reason the bonds of a municipal corporation 
 are more attractive than those of a private corporation where the 
 principal and interest is payable solely from revenues. The 
 statute under which municipal bond proceedings are taken is 
 known as Act 2371, Deering's General Laws. 
 
 BONDS OF MUNICIPAL IMPROVEMENT DISTRICTS. See Act 2372a. 
 
 BOND, OFFICIAL. An instrument issued by an official whereby 
 certain sureties pledge themselves in a specific sum of money that 
 the official will faithfully perform the duties of office. 
 
 BONDS, STREET IMPROVEMENT. Bonds issued to represent unpaid 
 assessments levied for street improvements. They are an obli- 
 .gation of the property assessed for the improvement and not of 
 the municipality as a whole, wherefor they are not as attractive 
 as a general obligation bond. 
 
 BOULEVARD. A broad street or highway, expecially one deco- 
 rated with trees. 
 
 BOUNDARIES. Where the boundary of a city has been acquiesced 
 in by all persons for a period of twenty years or longer, such 
 boundary will be considered the correct one although its situation 
 is a matter of uncertainty. 28 Cyc., 182. 
 
 Uncertain or indefinite boundaries may be fixed and established 
 for all purposes under a special statute passed by the California 
 Legislature in 1921.
 
 WORDS AND PHRASES 179 
 
 BROKEN STONE is usually tested by what is known as the rattler 
 method. A quantity is placed in a metal cylinder and revolved 
 rapidly for a definite period, after which it is taken out and the 
 percentage of loss measured. 
 
 BUDGET. A financial statement of proposed expenditures for 
 the ensuing fiscal year. See explanation of Budget System. Sec. 
 2178 McQ. 
 
 CAMERON SEPTIC TANK. The tank used in connection with the 
 Cameron process of sewage disposal, which involves three separate 
 and distinct steps, to-wit: first, the running of the sewage into a 
 large cesspool, where it is partly liquified by microbes; then it 
 is conveyed to a contact bed made of large pieces of rock, broken 
 brick, or clinkers, whereby it is further liquified and purified by 
 contact with the air. Finally it is conveyed to filter beds from 
 which it may be run into a stream. 
 
 CARNIVALS ON STREETS are unauthorized. Sec. 1353 McQ. 
 
 CELEBRATIONS. A city cannot use public funds for celebrations. 
 Sec. 364 McQ. 
 
 CEMETERIES, MUNICIPAL. Rules and regulations for. Act 2381. 
 
 CERTIFIED MILK. Milk which is guaranteed not to contain more 
 than a limited amount of bacteria. 
 
 CHANGE OF NAME. Procedure for. Act 2332b-2384. 
 
 CHANGING TITLE of property will not defeat local assessments. 
 2116 McQ. 
 
 CHARITY OR RELIEF WORK. Municipality may contract with a 
 charitable organization for relief of the needy. Sec. 2166 McQ. 
 
 CHLORINATION. The treating of a domestic water supply with 
 chlorine for the purpose of purifying same by the oxidization 
 resulting therefrom. 
 
 CITY MANAGER GOVERNMENT. A plan of government where all 
 matters of administration are subject to the control of one person, 
 thus providing a centralized responsibility the same as in our 
 national government. 
 
 CITY PLANNING COMMISSION. A commission appointed to recom- 
 mend plans for the future growth and development of a munici- 
 pality, including the proper location of public buildings, parks, 
 depots, etc. (See Act. 2389J, Deering's General Laws). 
 
 CIVIL SERVICE. All that service rendered to and paid for by the 
 government other than service in the military or naval establish- 
 ments of a country. 
 
 CLOSING A STREET. Municipality may entirely close a street 
 undergoing repair. Sec. 2803 McQ. 
 
 COLLECTION OF CITY TAXES BY COUNTY OFFICIALS. Authorized, 
 Act 4043. 
 
 COMMISSION PLAN OF GOVERNMENT. A plan whereby all the 
 members of the legislative body also serve as administrative
 
 180 WORDS AND PHRASES 
 
 officials, thus performing a double function. See April, 1921, 
 number of "Pacific Municipalities." 
 
 COMFORT STATIONS. Stations provided in municipalities for 
 toilet purposes. 
 
 CONSOLIDATION OF CITIES. Procedure for. Act 2348, Deering's 
 General Laws, Sec. 8. 
 
 CONTRACTS of city should be signed by the Mayor and counter- 
 signed by the clerk. Sec. 1179 McQ. 
 
 CONTRACTS as to rates. When they are subject to change 
 without impairing the obligation of contracts. Sec. 1737 McQ. 
 
 COUNTY HIGHWAYS WITHIN MUNICIPALITIES. Authority given 
 for construction and maintenance. Act 2386. 
 
 COUNTY OFFICERS. Authority to use county officials for city 
 functions. Act 2553a. 
 
 COUPON BONDS. Bonds provided with interest warrants, called 
 "coupons" for each installment of interest, which, when detached, 
 are negotiable and payable to bearer. Sec. 2266 McQ. 
 
 COUPON BONDS, REGISTERED. Coupon bonds which are regis- 
 tered in the name of the owner. Sec. 2267 McQ. 
 
 CROSSING OF STREETS. A pedestrian must exercise greater care 
 when not using a regular street crossing. Should he stumble 
 he is guilty of contributary negligence. Sec. 2831 McQ. 
 
 CULVERT. A covered gutter or pipe used for draining streets or 
 highways, usually made of corrugated sheet metal, cement or 
 wood; frequently they are made with a combination of corrugated 
 metal and cement. 
 
 CURFEW ORDINANCE. An ordinance requiring minors or children 
 to get off the public streets after a specified hour in the evening, 
 which is generally announced by the ringing of a bell. 
 
 DANGEROUS STRUCTURES. Municipality is liable for failure to 
 remove. Sec. 2777 McQ. 
 
 DATUM PLANE OR BENCH MARK. A point of established elevation 
 within a city from which the grades of streets are determined and 
 fixed. 
 
 DEDICATION. Acceptance is not required immediately upon 
 receipt of offer. Sec. 1587 McQ. 
 
 The acceptance may be evidenced by acts of the authorities. 
 Sec. 1580 McQ. 
 
 It cannot be revoked after acceptance. Sec. 1592 McQ. 
 
 The dedicator may limit the use of the land dedicated. Sec. 
 1545 McQ. 
 
 It is not complete until the offer is accepted. Sec. 1575 McQ. 
 
 It is a rule of law to resolve doubts against the donors and in 
 favor of the public. Sec. 1558 McQ. 
 
 The intent to dedicate must be clearly indicated. Sec. 1568 
 McQ.
 
 WORDS AND PHRASES 181 
 
 The intent to dedicate may be inferred from mere user by the 
 public. Sec 1563 McQ. 
 
 Offer may be withdrawn any time before acceptance. Sec. 
 1587 McQ 
 
 Streets not lawfully dedicated and accepted by the authorities 
 cannot be improved on the assessment plan. Sec. 79 (Sub. 7) 
 Improvement Act of 1911. 
 
 The vital principle underlying a dedication is the intention to 
 dedicate. Sec. 1561 McQ. 
 
 DE FACTO OFFICERS. A de facto officer is one who exercises 
 the duties of an office under color of an appointment or an election. 
 The acts of de facto officers are valid and binding. 28 Cyc., 420. 
 
 DEFECTIVE STREETS. Liability of city officials. 1919 Statutes, 
 page 756. 
 
 DEFECTIVE STREETS. The municipality is not liable where an 
 excavation is properly guarded. Sec. 2769 McQ. 
 
 DEFECTIVE STREETS OR SIDEWALKS. The municipality is liable 
 for injury sustained if the municipal officers have been previously 
 notified of the defect. Sec. 2719-2750 McQ. 
 
 DELEGATING POWERS. In the absence of express authority 
 granted by the state, the legislative body of a municipality cannot 
 delegate its powers. 28 Cyc., 276. 
 
 DEPOSIT OF CITY FUNDS in bank. Act 1285, Deering's General 
 Laws. 
 
 DEPUTY OFFICER. Definition of, Sec. 426 McQ. 
 DONATIONS OF MUNICIPAL FUNDS not permitted. Sec. 2171 McQ. 
 
 DWELLING HOUSES, construction, etc., regulation, 1917 Statutes, 
 page 1461. 
 
 ELECTIONS MUNICIPAL. All general elections in Fifth and Sixth 
 Class Cities must be held under the Act of 1919, found in the 
 statutes of that year, on page 928. 
 
 ELIGIBILITY TO HOLD OFFICE. A person who is ineligible at the 
 time of election may hold an office if his disability be removed 
 before the issuance of the certificate of election. 28 Cyc., 416. 
 
 EMINENT DOMAIN distinguished from the police power. Sec. 
 1454 McQ. 
 
 Distinguished from the power of taxation. Sec. 1454 McQ. 
 
 EMINENT DOMAIN is the right of the government to appropriate 
 private property for public use. It is limited only by the con- 
 stitutional provision that the taking must be for public use and that 
 compensation must be made. Sec. 1453 McQ. 
 
 EMPLOYMENT. Distinguished from office. Sec. 424 McQ. 
 
 ENACTING CLAUSE OF ORDINANCES. Defects in the form of the 
 enacting clause will be ignored. 28 Cyc., 353. 
 
 ENTERTAINMENTS. City cannot use public funds for. Sec. 364 
 McQ.
 
 182 WORDS AND PHRASES 
 
 EXCAVATIONS OR HOLES IN STREETS. The municipality is not 
 liable where an excavation is properly guarded. Sec. 2769 McQ. 
 
 EXCESS CONDEMNATION. The term given to the plan of con- 
 demning more land than is necessary in the opening or widening of 
 new streets or other public improvements. 
 
 EXCLUSIVE FRANCHISE. Authority to grant. Sec. 1633 McQ. 
 
 EXPANSION JOINTS. This refers to the layers of filling-paper or 
 other material placed at regular intervals in concrete construction 
 to accommodate expansion and contraction. In sidewalk con- 
 struction expansion joints are usually about twenty feet apart, and 
 are frequently made by using a thin board and afterwards filling 
 it with asphalt. 
 
 FAIRS ON STREETS are unauthorized. Sec. 1353 McQ. 
 
 FALLING OBJECTS. A municipality is not liable for injuries to 
 persons resulting from objects falling in the streets. Sec. 2778 
 McQ. 
 
 FEDERAL WATER POWER ACT. The Act of June 10, 1920, for 
 encouraging the development of water power. 
 
 FENCES. Partition and division, height of in cities. Act 1139. 
 
 FIRE CHIEF. The election of a fire chief does not create a con- 
 tract between him and the city, and the office may be abolished 
 any time. 28 Cyc., 543. 
 
 FIRE DEPARTMENT. A volunteer fire company is regarded as a 
 part of the municipal government. Its meetings must be held 
 within the municipal boundaries. In the absence of express 
 authority, the legislative branch of the municipal government 
 cannot delegate to the company the right to elect officers of the 
 department. A municipal council may determine a contested 
 election for engineer of a volunteer department. 28 Cyc., 542. 
 
 FIREMEN. Members of the fire department are not public 
 officers. Sec. 2417 McQ. 
 
 FLOOD LIGHTING. A method of lighting a building or object 
 whereby the light is reflected on the object from certain recesses 
 within which the light itself is not visible. 
 
 FLUSH TANK. A tank built in connection with a sewer which 
 automatically empties a quantity of water into the sewer at regular 
 periods for flushing the same. 
 
 FOOD. May require protection from flies. Sec. 968 McQ. 
 
 FRANCHISE. Conditions in a franchise constitute a contract and 
 cannot be repudiated. Sec. 1649 McQ.; also Sec. 759 McQ. 
 
 Exclusive grant. Sec. 1633 McQ. 
 
 FRANCHISE. A particular privilege conferred by grant from a 
 government invested in an individual or corporation. (See Act 
 1229, Deering's General Laws.) 
 
 Procedure for granting. Act 1229, Deering's General Laws. 
 
 FREE PUBLIC LIBRARIES. How to provide for. Act 1247. 
 
 FRUIT STANDS not permitted on streets. Sec. 1355 McQ.
 
 WORDS AND PHRASES 183 
 
 FUNDS. Deposit of in bank. Act 1285, Deering's General Laws. 
 
 GARBAGE. Refuse, animal or vegetable matter from kitchen, 
 market or store, or consisting of such refuse mixed with ashes, 
 paper, tin cans, etc. Anything worthless or filthy. 
 
 The exclusive privilege may be given a single party for removal 
 of garbage. Sec. 914 McQ. 
 
 GARNISHMENT. Municipal funds or property are not liable on 
 attachment or garnishment unless by statute or charter. Sec. 
 2517 McQ. 
 
 GOVERNMENTAL FUNCTIONS. Municipalities exercise two sep- 
 arate and distinct functions. One is defined as governmental, and 
 the other as proprietary. In the passage of police ordinances or 
 regulations, the collection of taxes and such like duties, the muni- 
 cipality acts in its governmental capacity. On the other hand, 
 in the management of water or light works, it is acting in its 
 proprietary capacity. In the exercise of its governmental func- 
 tions the municipality is not liable for injuries to persons or 
 property, whereas in the exercise of its proprietary functions the 
 municipality is liable for damages to persons or property, just as 
 a private corporation is liable. Sec. 2540-2654 McQ. 
 
 HARE SYSTEM OF VOTING. The name of the most popular system 
 of voting used to secure proportional representation. See "Pacific 
 Municipalities", May, 1921. 
 
 HEADERS. A term applied to a plank, usually about two inches 
 in thickness, which is laid on edge at the termination or edge of 
 a pavement, being flush with the top of pavement when finished. 
 
 HEALTH CENTERS. An establishment for centralizing the 
 various health and relief activities of a city. 
 
 HEALTH FUNCTIONS. City may contract with county for services 
 of health officers. 1919 Statutes, page 152. 
 
 HEIGHT OF BUILDINGS. It is within the power of a municipality 
 to regulate. Sec. 949 McQ. 
 
 HIGHWAY. A generic name for all kinds of public ways, including 
 streets, bridges, paths and navigable waters. Sec. 1279 McQ. 
 
 HOLDING OTHER OFFICE OR EMPLOYMENT. In the absence of any 
 statutory or constitutional restrictions, one holding a municipal 
 office is not for that reason ineligible for election or appointment 
 to another municipal office. 28 Cyc., 414. 
 
 HOURS OF BUSINESS. Beyond power to regulate. Sec. 964 McQ. 
 
 IMPROVEMENT DISTRICTS. Formation of within cities and the 
 issuance of bonds. Act 2372a, Deering's General Laws. 
 
 INCORPORATION. A defective incorporation may be validated 
 by the Legislature. 28 Cyc., 172. 
 
 The lawful existence of a municipality is not subject to collateral 
 attack. 28 Cyc., 174. 
 
 Referring to the organization of a community into a municipality, 
 the procedure for which is found in Sections One, Two, Three and
 
 184 WORDS AND PHRASES 
 
 Four, and Five of the Municipal Corporation Act. (Act 2348, 
 Deering's General Laws.) 
 
 Where two applications affecting the same territory are made 
 for incorporation, the one first presented should be the first acted 
 upon. 28 Cyc., 166. 
 
 IMHOFF TANK. A large tank usually constructed of concrete and 
 set in the ground, which is built in accordance with the plan of 
 Doctor Carl Imhoff, of Germany, and designed for the partial 
 purification of sewage. Under the process involved the solid 
 matter is separated from the effluent by gravitation and is there- 
 after removed periodically. 
 
 INITIATIVE AND REFERENDUM. Procedure for exercising. , Act 
 1624. 
 
 INJUNCTIONS against municipalities. Sec. 2502 McQ. 
 
 INJUNCTION. An unsuccessful bidder cannot^enjoin an improve- 
 ment altho he be the lowest bidder. 
 
 INJUNCTIONS by municipalities. Sec. 2505 McQ. 
 
 IRONSTONE PIPE. The name given a vitrified clay pipe used 
 for the construction of sanitary sewers. By glazing the pipe 
 during the final firing it is made impervious to water and acids. 
 
 ITINERANT VENDERS. Definition of. Act 1941, Deering's 
 General Laws, Sec. 3. 
 
 JUDICIAL CONTROL OF MUNICIPALITIES. Sec. 377 McQ. 
 
 LABOR. Minimum compensation on public work. Act 2894. 
 
 LAMP HOLE. A hole running from the surface of the street down 
 into a sewer for the purpose of enabling a lamp to be lowered 
 therein so that an observer in a distant manhole, may be able to 
 see it and ascertain if the sewer is clear. 
 
 LAMP POSTS OR STANDARDS. Posts or standards erected along 
 city streets at or near the curb for holding the lamp placed at the 
 top thereof which is used for the purpose of lighting the street. 
 Lamp posts are constructed of cast iron, sheet steel or Portland 
 cement. 
 
 LATERAL SEWERS. The short sewers running from the main 
 sewer to the property fronting on the street. 
 
 LIABILITY OF MUNICIPALITY FOR AMUSEMENTS OR SHOWS ON 
 PUBLIC STREETS. Generally speaking, a municipality is not liable 
 where it grants permission to use the streets for sport or amuse- 
 ments, and injuries result therefrom, providing the sport or 
 amusement is legitimate and does not involve a public nuisance. 
 Sec. 2752 McQ. 
 
 LIABILITY OF MUNICIPALITY for defective streets or sidewalks 
 The municipality is liable for injury sustained if the municipal 
 officers have been previously notified of the defect. Sec. 2719- 
 2750 McQ.
 
 WORDS AND PHRASES 185 
 
 The municipality is not liable for injuries received from rocks 
 falling in the street as a result of a blast. Sec. 2778 McQ. 
 
 A municipality is liable for injuries to persons or property thru 
 failure to remove dangerous structures. Sec. 2777 McQ. 
 
 The municipality is not liable for injuries to persons resulting 
 from objects falling in the streets. Sec. 2778 McQ. 
 
 LIABILITY OF MUNICIPAL OFFICERS. Municipal officers who pay 
 out funds illegally are personally liable for the same although 
 paid out for a useful object. 28 Cyc., 469. 
 
 Municipal officers having the care of public money are liable 
 for the loss thereof even though not due to any fault or negligence 
 on their part, unless caused by act of God or the public enemy. 
 If the treasurer deposits money in a bank which subsequently 
 fails, he is liable therefor although deposited at the suggestion of 
 the mayor and finance committee. 28 Cyc., 472. 
 
 Municipal officers are not in general liable for acts done in the 
 ordinary exercise of their corporate powers. 28 Cyc., 466. 
 
 Municipal officers acting in good faith, without negligence, are 
 not personally liable for damages for municipal improvements. 
 28 Cyc., 467. 
 
 An officer who under misapprehension makes a contract in 
 behalf of a municipality which is invalid cannot be held personally 
 liable. 28 Cyc., 469. 
 
 Officials are not personally liable for their public acts. Sec. 
 2424 McQ. 
 
 LIBRARIES. How to provide for. Act 1247. 
 
 LICENSE on interstate commerce. Sec. 780 McQ. 
 
 LICENSE. For regulation. Sec. 780 McQ. 
 
 LICENSE TAX ON BROKERS, AGENTS, ETC. Sec. 780 McQ. 
 
 LOADS. Cities have power to regulate weight of loads on streets. 
 Sec. 934 McQ. 
 
 LUNCH WAGONS may not occupy streets for a period of hours. 
 Sec. 1355 McQ. 
 
 MANDATORY AND DISCRETIONARY POWERS. Difference between. 
 Sec. 380 McQ. 
 
 MEETINGS. Notice required to be given. Sec. 575 McQ. 
 
 METAL CULVERTS. Culverts made of metal, usually corrugated, 
 and the metal being of a rust resisting character and galvanized. 
 
 MILK. Supply may be regulated. Sec. 969 McQ. 
 
 MOBS OR RIOTS. Liability for injuries caused by. Sec. 4452- 
 4457 Political Code. 
 
 MOTIVES FOR ENACTING ORDINANCES. It is a settled rule that 
 courts cannot inquire into the motives which prompted a city 
 council to enact an ordinance. 28 Cyc., 375. 
 
 MUNICIPAL AFFAIRS. Those relating to the internal affairs of a 
 municipality, as distinguished from a state affair. Sec. 173 McQ.
 
 186 WORDS AND PHRASES 
 
 MUNICIPAL BONDS. The term applied to bonds issued by a 
 municipality and authorized by the vote of the electors. The 
 municipality is authorized to levy and collect taxes for payment 
 of the principal and interest, for which reason the bonds of a 
 municipal corporation are more attractive than those of a private 
 corporation where the principal and interest is payable solely 
 from revenues. The statute under which municipal bond pro- 
 ceedings are taken is known as Act 2371, Deering's General Laws. 
 
 MUNICIPAL ELECTIONS. All general elections in Fifth and Sixth 
 Class Cities must be held under the Act of 1919, found in the 
 statutes of that year, on page 928. 
 
 MUNICIPAL IMPROVEMENT DISTRICT. A portion of a city selected 
 for the construction of a public improvement. (See Act 2372a, 
 Deering's General Laws.) 
 
 MUNICIPAL LIABILITY. The liability of a municipality for the 
 acts of its officers depends on whether the act complained of 
 resulted in the performance of a governmental or proprietary 
 function. (See Governmental Functions.) Sec. 2640-2654 McQ. 
 
 MUNICIPAL PURPOSES OR USES, defined. Sec. 2167 McQ. 
 
 MUSEUMS. The extablishment and maintenance of. Act 2876a. 
 
 Music. Right to levy tax for. Act 2389a. 
 
 NAME OF CITY. Authority to change. Acts 2332b-2384. 
 
 NEWSPAPER OF GENERAL CIRCULATION. All legal notices must 
 be published in such newspaper. (See definition in Sec. 4460 of the 
 Political Code.) 
 
 NEWS STANDS not permitted on streets. Sec. 1355 McQ. 
 
 NUISANCES. Municipalities are not liable for failure to abate. 
 Sec. 2641 McQ. 
 
 Municipal officers lawfully engaged in the exercise of official func- 
 tions in a lawful manner are not personally liable for injuries result- 
 ing from what would be a nuisance if maintained. Nor are they 
 personally liable for damage caused in abating a nuisance. 28 
 Cyc., 468. 
 
 NURSES, PUBLIC HEALTH. Boards of Trustees have authority 
 to appoint and provide for their compensation. 1919 Statutes, 
 page 180. 
 
 OATH OF OFFICE. Failure to take. Sec. 475 McQ. 
 
 OFFICE, ABANDONMENT OF. Abandonment of an office consti- 
 tutes an implied resignation. 28 Cyc., 430. 
 
 OFFICE. Distinguished from employment. Sec. 424 McQ. 
 
 A municipal office, like any other public office, is not deemed 
 property. 28 Cyc., 399. 
 
 OFFICE, REMOVAL FROM. Removal from office is not permitted 
 without constitutional or statutory authority. 28 Cyc., 432. 
 
 OFFICE, RESIDENCE AND QUALIFICATION. Unless provided by 
 constitution or statute, a municipal officer may be elected from 
 non-residents. 28 Cyc., 412.
 
 WORDS AND PHRASES 187 
 
 OFFICERS, ADDITIONAL COMPENSATION. An agreement to give 
 additional compensation to a municipal officer for the performance 
 of a service which he is already legally obliged to render is void 
 as against public policy. ' 28 Cyc., 453. 
 
 An officer having a fixed salary cannot claim additional com- 
 pensation even for new duties imposed. 28 Cyc., 453. 
 
 OFFICERS, COMPENSATION OF. The compensation is usually and 
 properly provided by ordinance. 28 Cyc., 457. 
 
 OFFICERS OF COUNTY. Authority to employ for city duties. 
 Act 2553a. 
 
 OFFICIAL BOND. Result of failure to give bond. Sec. 476 McQ. 
 
 OFFICER, SUSPENSION OF. An officer cannot be suspended except 
 by authority of charter or statute. 28 Cyc., 432. 
 
 ORDINANCES. Certiorari to test. Sec. 807 McQ. 
 
 In conflict with state law. Sec. 887 McQ. 
 
 The validity of an ordinance may be tested by a proceeding in 
 quo warranto and even habeas corpus. 28 Cyc., 377. 
 
 ORDINANCE. Distinguished from resolution. Sec. 633-638 McQ. 
 
 ORDINANCES. How to test validity of. Sec. 795 and 799. 
 
 An ordinance is a law of the state. Sec. 754 McQ. 
 
 ORDINANCES. Injunction to restrain. Sec. 805 McQ. 
 
 In pleading an ordinance it is not sufficient to refer to its title 
 and passage. 28 Cyc., 395. 
 
 Judicial notice will not be taken of the existence of an ordinance 
 the fact of its passage must be proved, but this does not apply 
 to proceedings in a municipal court, that court being bound to 
 take judicial notice. 28 Cyc., 393. 
 
 Mandamus to enforce. Sec. 804 McQ. 
 
 ORDINANCES, RULES FOR THE CONSTRUCTION OF. See 28 Cyc., 
 page 388. 
 
 ORDINANCES, PARTIAL INVALIDITY OF. The rule is well settled 
 that a municipal ordinance may be valid in certain provisions and 
 invalid as to others, and if the part that is good can be dis- 
 tinguished from the part that is bad, the good part may be 
 enforced. 28 Cyc., 372. 
 
 ORDINANCE should embrace one subject. Sec. 681, McQ. 
 
 ORDINANCES, SUSPENSION OF. An ordinance cannot be suspended 
 by mere resolution. 28 Cye., 387. 
 
 ORDINANCE. Void in part, not wholly invalid. Sec. 816 McQ. 
 
 OUTCRY. May prohibit advertising or sale by outcry. Sec. 
 967 McQ. 
 
 PARK. May be used for anything consistent with the public 
 enjoyment, wherefore a public library may be erected therein, 
 but not a city hall. However it is held, that the dedication of a 
 park as a public square is to general public uses including public 
 school buildings. Sec. 1155 McQ.
 
 188 WORDS AND PHRASES 
 
 PARK. Use and control is subject to regulation in grant. Sec. 
 55 McQ. 
 
 PARKS. City is authorized to levy a tax for. Act 2389a. 
 
 PARKS. Cannot be used as a base ball ground when admission 
 is charged. Sec. 1156 McQ. 
 
 PARKS. Authority may lease building thereon for hotel and 
 restaurant for accommodation of visitors. Sec. 1156 McQ. 
 
 PARLIAMENTARY LAW. To what extent necessary at municipal 
 meetings. Sec. 606 McQ. 
 
 PARTY WALL. Division wall between two connected and mutu- 
 ally supported buildings. Sec. 392 McQ. 
 
 PASTEURIZED MILK. Milk that has been submitted to a tem- 
 perature ranging from 131 degrees to 150 degrees Fahrenheit, 
 whereby the process of fermentation is checked. 
 
 PENSIONS, for old or disabled officers (such as policemen), or 
 firemen, are not regarded as donations or gratuities, and munici- 
 palities are empowered to provide the same from funds of the 
 respective departments. Sec. 2422 McQ. 
 
 PERSONAL LIABILITY OF OFFICIALS. Municipal officers are not 
 personally liable for their acts as public officials when honestly 
 performed. Sec. 2424 McQ. 
 
 PICKETING. Ordinances prohibiting picketing have been declared 
 to be a valid exercise of the police power. Sec. 941, McQ. 
 
 PLAY GROUNDS. Cities authorized to acquire by condemnation. 
 Act 2884. 
 
 PLUMBERS. Registration of. Act 2839. 
 
 POLICE DEPARTMENT. As an agency of the state. Sec. 436 McQ. 
 
 POLICE POWER. Is that power under which everything necessary 
 to the protection of the property of the citizens and the health 
 and comfort of the public may be done. Sec. 889 McQ. 
 
 It extends to the protection of the lives, health and property of 
 the community. Sec. 789 McQ. 
 
 It extends to all matters affecting the peace, order, health, 
 morals, convenience, comfort and safety of the citizen. Sec. 889 
 McQ. 
 
 It is based on the maxim that "The welfare of the people is the 
 first law, and so use your own property as not to injure the rights 
 of others." Sec. 891 McQ. 
 
 It includes power over dilapidated buildings, the destroying of 
 property 'in the path of conflagration, slaughter of diseased cattle, 
 destruction of unwholesome food, prohibition of wooden buildings, 
 regulation of burial grounds, restriction of objectional trades, 
 compulsory vaccination, restraint of vagrants and beggars, 
 suppression of obscene publications, and prohibition of gambling. 
 Sec. 890 McQ. 
 
 POLICEMEN are public officers, not employees. Also they are 
 state officials and not local officers. Sec. 2417 McQ.
 
 WORDS AND PHRASES 189 
 
 POLICEMEN AND FIREMEN. Members of the Police and Fire 
 Department are not personally liable for their acts done in the 
 honest performance of their duties. Sec. 2424 McQ. 
 
 POWERS. All doubts as to powers are resolved against the 
 municipality and to be denied. 28 Cyc., 265. 
 
 The powers of a municipal corporation are divisible into two 
 great classes express powers and implied powers; their powers 
 may also be classified into (1) express, (2) implied, and (3) inci- 
 dental, indispensable or inherent. 28 Cyc., 260. 
 
 A municipal corporation possesses such powers and such only 
 as the state confers upon it. 28 Cyc., 258. 
 
 A municipal corporation can exercise only those powers that 
 are granted in express words, those necessarily or fairly implied 
 in or incidental to the powers expressly granted, and those indis- 
 pensable, as distinguished from inconvenient, to the declared 
 objects and purposes of the corporation. 28 Cyc., 261. 
 
 PORTLAND CEMENT, METHOD OF TESTING. Portland cement is 
 usually tested in accordance with the specifications adopted by 
 the "American Society for Testing Materials." It is usually 
 tested for hardness, cracking and tensile strength and is some- 
 times subjected to an atmosphere of steam. 
 
 PORTLAJVD CEMENT PAVEMENT. A pavement composed of certain 
 proportions of rock or gravel mixed with sand and Portland cement. 
 In cases where Portland cement pavement is not to have a bit- 
 uminous surface the mixture is generally as follows: one part 
 Portland cement, two parts sand and four parts of broken stone. 
 Where Portland cement is simply to serve as a base, the mixture 
 is approximately as follows: one part Portland cement, three parts 
 sand, and six parts broken stone. 
 
 PREEXISTING RIGHTS AND LIABILITIES. The rights and liabilities 
 of an organized community are recognized through all changes of 
 political organization. 28 Cyc., 175. 
 
 PRIVATE BUSINESS. A municipality has no power to engage in 
 private business. Sec. 1807 McQ. 
 
 PRIVATE SEWERS. The municipality is not liable for defects in 
 private sewers unless the same have been adopted as part of the 
 municipal system. Sec. 2690 McQ. 
 
 PROCEDURE STATUTES must be construed strictly. Sec. 1531 
 McQ. 
 
 PROHIBITION, WRIT OF. This writ, issuing from a superior 
 jurisdiction to an inferior body, to prevent the inferior body from 
 exercising an unauthorized act. It is the opposite of a writ of 
 mandamus. Sec. 2516 McQ. 
 
 PROPORTIONAL REPRESENTATION. A method for electing mem- 
 bers of a legislative body so that organized minorities over a 
 certain size may secure representation therein. Sacramento is
 
 190 WORDS AND PHRASES 
 
 the largest city in the United States using this method of election. 
 See "Pacific Municipalities", May, 1921. 
 
 PROPRIETARY FUNCTIONS. Municipalities exercise two separate 
 and distinct functions. One is defined as governmental, and the 
 other as proprietary. In the passage of police ordinances or regu- 
 lations, the collection of taxes and such like duties, the munici- 
 pality acts in its governmental capacity. On the other hand, in 
 the management of water or light works, it is acting in its proprie- 
 tary capacity. In the exercise of its governmental functions the 
 municipality is not liable for injuries to persons or property, 
 whereas in the exercise of its proprietary functions the municipality 
 is liable for damages to persons or property, just as a private 
 corporation is liable. Sec. 2640-2654 McQ. 
 
 PRIVATE BUSINESS. City cannot engage in. Sec. 359 McQ. 
 
 PUBLIC BUILDINGS are not subject to mechanic's liens. Sec. 
 1161 McQ. 
 
 PUBLICATION OF ORDINANCES where required by statute or 
 charter is held mandatory. 28 Cyc., 359. 
 
 PUBLIC FUNDS cannot be used to undertake private business 
 enterprises. Sec. 2170 McQ. 
 
 PUBLIC HEALTH FUNCTIONS. City may contract with county 
 for services of health officers. 1919 Statutes, page 152. 
 
 PUBLIC HEALTH, NURSES. Boards of trustees have authority to 
 appoint and provide for their compensation. 1919 Statutes, page 
 180. 
 
 PUBLIC LIBRARIES. How to provide for. Act 1247. 
 
 PUBLIC MUSEUMS. Establishing and maintenance of. Act 
 2876a. 
 
 PUBLIC TOWELS. It is unlawful for any hotel, restaurant, barber 
 shop, store, or public building to keep any public towel for common 
 use. 1917 Statutes, page 1518. 
 
 PUBLIC UTILITIES. Definition of. Sec. 1618 McQ. 
 
 PUBLIC WORK. Minimum compensation of labor on. Act 2894. 
 
 QUARANTINE LAWS. Sec. 791-792. McQ. 
 
 QUARANTINE. The forced stoppage of travel, communication, 
 or intercourse on account of contagious or infectious diseases. 
 
 QUASI CORPORATION. A phrase used to designate bodies of 
 limited corporate powers, such as sanitary districts, levee dis- 
 tricts, etc. Sec. 2434 McQ. 
 
 Quo WARRANTO. A writ of the state, issued on application of 
 the Attorney General, to try the title of a public office or the right 
 of a municipality to exercise certain functions, or determine its 
 legal existence. Sec. 2525-2538 McQ. 
 
 RATES. Contracts as to rates, are subject to modification 
 without impairing the obligation of contracts. Sec. 1737 McQ. 
 
 READY TO SERVE CHARGE. An arbitrary charge imposed on a 
 city in favor of a utility company and based on the theory that
 
 WORDS AND PHRASES 191 
 
 something should be paid the company for being ready to serve 
 the municipality in case of extraordinary emergency, such as fire. 
 
 RECALL OF CITY OFFICIALS. Act 2555. 
 
 RECORD. Omission in the record may be ascertained by parol 
 evidence. Sec. 624 McQ. 
 
 RECORD must be subjected to public inspection. Sec. 630 McQ. 
 
 The record may be amended at any time so as to make it agree 
 with the truth. 'Sec. 626 McQ. 
 
 It may be corrected by order of the court. Sec. 629 McQ. 
 
 RECORDS. How complete they must be kept. Sec. 619 McQ. 
 
 RECORDS AND MINUTES. The records or minutes may be subse- 
 quently corrected by the clerk so as to conform with the truth. 
 28 Cyc., 346. 
 
 They are the best and only evidence of corporate action, but 
 do not import absolute verity. 28 Cyc., 343. 
 
 They are open to the inspection of all citizens. 28 Cyc., 343. 
 
 RECONSIDERATION. Unless restrained by charter or statute, the 
 Board of Trustees may reconsider its vote upon any incompleted 
 measure. Sec. 612 McQ. 
 
 REFERENDUM AND INITIATIVE. Procedure for exercising. Act 
 1624. 
 
 REFUSE. All wastes except garbage and ashes. 
 
 REGISTERED BONDS. Bonds in favor of a particular individual, 
 whose name is entered on the books as the original owner. Prin- 
 cipal and interest are payable to him without presentation of the 
 bond. These bonds are not negotiable. Their value lies in the 
 fact that the danger of loss by robbery or fire is entirely removed. 
 Sec. 2265 McQ. 
 
 REGISTRATION OF PLUMBERS. Act 2839. 
 
 REINSCH-WURL SCREEN FOR SEWAGE DISPOSAL. A method of 
 mechanical separation of the solid matter of sewage from the 
 effluent by means of a large revolving screen. Santa Barbara and 
 several other cities in California use this method. 
 
 RELIEF WORK. Municipality may co-operate with private 
 charitable organizations in relief work. Sec. 2166 McQ. 
 
 REMOVAL OF BUILDINGS may be accomplished without reference 
 to formal judicial procedure if erected in violation of valid fire 
 ordinances. Sec. 949 McQ. 
 
 REPAIRS TO STREETS. Sufficiency of guards or warning. Sec. 
 2804 McQ. 
 
 RESCINDING PRIOR ACTS. The Board has the power to rescind 
 incomplete acts. Sec. 613-14 McQ. 
 
 RESIDENTIAL QUALIFICATIONS FOR OFFICE. Residence in an 
 annexed territory for the statutory period immediately preceding 
 annexation is equivalent to residence in the city. 28 Cyc., 413. 
 
 RESIGNATION OF OFFICER. An officer is not relieved from the
 
 192 WORDS AND PHRASES 
 
 duties of his office until his resignation is accepted and his successor 
 qualified. 28 Cyc., 430. 
 
 RESOLUTION. Distinguished from ordinance. Sec. 633 McQ. 
 
 REWARDS. For apprehending offenders. Power to offer. "Sec. 
 391 McQ. 
 
 RIOTS OR MOBS. Liability for injuries caused by. Sec. 4452- 
 4457 Political Code. 
 
 RUBBISH. Waste, rejected matter and debris such as fragments 
 of building material, waste paper, etc. 
 
 SABOTAGE. Definition and penalty. 1919 Statutes, page 281. 
 
 SALARY. Changing during term. Sec. 529 McQ. 
 
 SAND, TESTING OF. Sand for use in concrete or bituminous 
 pavement is usually tested for sharpness and the amount of mica 
 or organic 'matter it contains. Sand is washed to ascertain the 
 amount of silt or clay. 
 
 SANITARY DISTRICTS. Organization and government of. 1919 
 Statutes, page 942. 
 
 SCALES ON SIDEWALKS unauthorized. Sec. 1367. 
 
 SCARIFIER. A machine used for planing or cutting off the irregu- 
 larities of a street pavement. 
 
 SEWER CONNECTIONS. They are subject to reasonable regulation 
 by municipal authorities, including charging of a fee for making 
 the connection. Sec. 1448 McQ. 
 
 SEWER PIPE. A pipe used for the construction of sanitary or 
 storm water sewers. It is usually made of vitrified clay, or 
 Portland cement, vitrified clay being used mostly for the sanitary 
 sewers because of its supposed greater resistance to acids. 
 
 SEWERS may be financed and installed under the assessment 
 plan or the voting of bonds, which bonds may be voted by the 
 entire municipality or a portion thereof. 
 
 SEWERS, joint construction of. 1919 Statutes, page 153. 
 
 SHADE TREES, planting and care of. Act 2341. 
 
 SIDEWALK is included within the term street. It is that portion 
 intended for the use of pedestrians and includes everything between 
 the curbing and the lot line. Sec. 1286 McQ. 
 
 SIGNING ORDINANCES. Where signing by the mayor is for the 
 purpose of verification rather than approval, the provision is held 
 directory rather than mandatory, and the lack of signature does 
 not vitiate the measure. 28 Cyc., 357. 
 
 SMALL Pox CONTROL. See page 188, May, 1921 "Pacific Munici- 
 palities." 
 
 SMOKE. The emission of dense smoke may be declared a public 
 nuisance. Sec. 918 McQ. 
 
 SPECIAL MEETINGS. Notice required. Sec. 601 McQ. 
 
 SPECIAL TAX FOR IMPROVEMENTS. Act 4042. 
 
 SPECIFICATIONS for material to be used in public improvement 
 should be definite and certain. Sec. 1874 McQ.
 
 WORDS AND PHRASES 193 
 
 SPITE FENCE. A fence over ten feet in height which is maliciously 
 erected and maintained for the purpose of annoying a neighbor or 
 his tenant. 
 
 STATE AFFAIRS. Those which relate to the state at large, such 
 as the administration of justice. Sec. 173 McQ. 
 
 STORAGE OF VEHICLES ON STREETS, unauthorized. Sec. 1366 McQ. 
 
 STORM SEWER. A sewer constructed to carry off flood waters 
 and not sanitary sewage. 
 
 STREET. Municipality has no power to permit use of street for 
 the storage of wagons or vehicles. Sec. 1366 McQ. 
 
 STREET ASSESSMENTS cannot be defeated by changing title of 
 property assessed. Sec. 2116 McQ. 
 
 STREET CARS. Municipality may regulate speed. Sec. 954 
 McQ. 
 
 STREET, Closing of. Municipality may entirely close a street 
 undergoing repair. Sec. 2803 McQ. 
 
 STREET CROSSING. A pedestrian must exercise greater care 
 when not using the regular crossing. Should he stumble he is 
 guilty of contributary negligence. Sec. 2831 McQ. 
 
 STREET FAIRS may not be held so as to obstruct travel on the 
 public street. Sec. 1353 McQ. 
 
 STREET IMPROVEMENT BONDS. The term usually applied to 
 bonds which are issued to represent unpaid assessments levied for 
 street improvements. They are an obligation of the property 
 assessed for the improvement, and not of the municipality as a 
 whole, wherefore they are not as attractive as a general obligation 
 bond. 
 
 STREET LIGHTING EXPERT. An engineer who specializes in 
 street lighting with respect to the size, kind and location of lighting 
 standards, and the power and kind of lamps desirable to be used, 
 the character of globes, etc. 
 
 STREET OBSTRUCTIONS may be summarily removed by munici- 
 palities. Sec. 1370 McQ. 
 
 STREET OPENING ACTS. The statutes providing a procedure for 
 the opening, widening or closing of streets. There are two gener- 
 ally used in California. One is known as Act 3927, and the other 
 is Act 3928, Deering's General Laws. 
 
 STREET SHOWS. Generally speaking, a municipality is not liable 
 where it grants permission to use the streets for sport or amuse- 
 ments, and injuries result therefrom, providing the sport or amuse- 
 ment is legitimate and does not involve a public nuisance. Sec. 
 2752 McQ. 
 
 STREET TREES are subject to municipal control. Sec. 1327 McQ. 
 
 STREET UNDERGOING REPAIRS. Sufficiency of guards or warning. 
 Sec. 2804 McQ. 
 
 Barriers must be put up to warn travelers. Sec. 2803 McQ.
 
 194 WORDS AND PHRASES 
 
 STREETS. Street obstructions cannot be legalized. Sec. 743 
 McQ. 
 
 STREETS AND HIGHWAYS. Streets and highways belong to the 
 public, with the Legislature as supreme trustee for the people. 
 28 Cyc., 287. 
 
 SWIMMING POOLS. The State Board of Health has supervision 
 over the sanitation, healthfulness, cleanliness, and safety of all 
 swimming pools, public bath houses and bathing places. 1917 
 Statutes, page 70. 
 
 SYNDICALISM, CRIMINAL. Definition of, 1919 Statutes, page 281. 
 
 TAKING PRIVATE PROPERTY FOR PUBLIC USE. What constitutes 
 "taking". Sec. 1469^1471 inclusive McQ. 
 
 TAXATION distinguished from the power of eminent domain. 
 Sec. 1454 McQ. 
 
 TAXES. Collection by county officials authorized. Act 4043. 
 
 TENEMENT HOUSES. Erection, construction etc., regulated. 
 1917 Statutes, page 1473. 
 
 They are subject to municipal regulations. Sec. 980 McQ. 
 
 TIRES. Regulating the width of. Sec. 933 McQ. 
 
 TOPEKA SPECIFICATIONS. The specifications framed in Topeka, 
 Kansas, to imitate the Warrenite-Bitulithic Pavement, the rock 
 being smaller in size and quantity and the structure not having 
 the same inherent stability as that of which it is an imitation. In 
 the Warrenite-Bitulithic Pavement the strain of the load is borne 
 by the rock, the asphaltic cement merely serving as a medium for 
 holding the rock together; whereas, under the Topeka Specifi- 
 cations the particles of rock are not of sufficient size or in sufficient 
 quantity to be in contact with each other, in consequence of which 
 the strain of the load is borne by the asphalt and not by the rock. 
 
 TREES ON STREETS are subject to municipal control. Sec. 1327 
 McQ. 
 
 TOWELS. Individual towels are required in all hotels. 1917 
 Statutes, page 432. 
 
 Two PLAIOON SYSTEM. A system which enables two watches or 
 tours of duty in a fire or police department. 
 
 UNSUCCESSFUL BIDDER cannot enjoin an improvement altho he 
 be the lowest bidder. Sec. 2008 McQ. 
 
 VACANCY IN OFFICE. When it exists. Sec. 478 McQ. 
 
 VALIDITY OF ORDINANCES. How to test. Sec. 795 and 799. 
 
 VITAL STATISTICS. City clerk to keep. Act 2348, Sec. 9. 
 
 VIVISECTION. The practice of experimenting on live animals 
 for testing or developing curative measures against diseases. 
 
 WARRENITE-BITULITHIC. The name of a patented pavement 
 made by Warren Brothers Company, of Boston, Mass. The 
 pavement consists of hard, tough, broken stone, ranging from two 
 inches to impalpable powder, proportioned in such quantities as to 
 eliminate all voids and have the greatest inherent stability, all
 
 WORDS AND PHRASES 195 
 
 being solidified into a dense mass by means of asphaltic cement. 
 
 WATER PIPE. Pipe used for conveying water for domestic pur- 
 poses, power, or irrigation. It is usually made of cast iron, sheet 
 steel or redwood. The first cost of cast iron pipe is high but it has 
 the greatest length of life. Redwood has been used quite exten- 
 sively in California, apparently with satisfaction. 
 
 WEEDS. On private property. Removal of. Act 2347b. 
 
 WEIGHING SCALES on sidewalks are unauthorized. Sec. 1367 
 McQ. 
 
 WIRES, UNDERGROUND. Authority of city to order. Sec. 1681 
 McQ. 
 
 WYE BRANCHES. See "Y" branches. 
 
 "Y" BRANCHES ON SEWERS. The short branches on a main 
 sewer, about two feet in length, which are established at regular 
 intervals along the line of a sewer for the purpose of connecting up 
 with lateral sewers to adjoining buildings. 
 
 ZONES. Relating to the division of a municipality into indus- 
 trial, business and residential districts.
 
 RELIABLE FIRMS 
 
 The following persons and firms deal in municipal machinery 
 and supplies or in the doing of municipal work, and have a good 
 reputation for reliability and fair dealing. They are advertisers 
 in our official organ and thus assist in supporting the League of 
 California Municipalities and its work. Kindly give them 
 respectful consideration whenever possible. In case of proposed 
 work or needed supplies in their respective lines, they will be 
 glad to have you write them for further information or for 
 catalogues and price lists. 
 
 Accounting Wm. Dolge, 311 California St., San Francisco. 
 Architectural Terra Cotta Gladding McBean & Co., Crocker 
 
 Building, San Francisco; N. Clark & Sons, 112-116 Natoma 
 
 St., San Francisco. 
 
 Asphalt Standard Oil Co., San Francisco. 
 Bitulithic Pavement Warren Brothers Company, Los Angeles and 
 
 San Francisco. 
 
 Brick Face and Fire Gladding McBean & Co., Crocker Build- 
 ing, San Francisco; N. Clark & Sons, 112-116 Natoma Street, 
 
 San Francisco. 
 
 City Planning Edward Glass, Hearst Bldg., San Francisco. 
 Civic Architecture Edward Glass, Hearst Bldg., San Francisco. 
 Consulting Architect Edward Glass, Hearst Bldg., San Francisco. 
 Consulting Engineer (Municipal Work) C. C. Kennedy, Holbrook 
 
 Bldg., San Francisco. 
 Culverts California Corrugated Culvert Co., Los Angeles and 
 
 West Berkeley; Western Pipe and Steel Co., San Francisco 
 
 and Los Angeles. 
 Drain Tile Gladding McBean & Co., Crocker Building, San 
 
 Francisco; N. Clark & Sons, 112-116 Natoma Street, San 
 
 Francisco. 
 
 Election Supplies A. Carlisle and Co., San Francisco. 
 Engineering Service Engineering Service Company, Washington 
 
 Building, Los Angeles; C. C. Kennedy, Holbrook Building, 
 
 San Francisco. 
 Engravers and Bond Printers A. Carlisle & Co., 251 Bush Street, 
 
 San Francisco. 
 Fire Engines J. H. Lashbrooke & Co., San Francisco and Los 
 
 Angeles. 
 Fire Hose The Gutta Percha & Rubber Mfg. Co., 34 Fremont 
 
 Street, San Francisco. 
 Flush Tanks Gladding McBean & Co., Crocker Building, San 
 
 Francisco; N. Clark & Sons, 112-116 Natoma Street, San 
 
 Francisco. 
 Hollow Tile Gladding McBean & Co., Crocker Building, San 
 
 Francisco; N. Clark & Sons, 112-116 Natoma Street, San 
 
 Francisco.
 
 RELIABLE FIRMS 197 
 
 Lighting Expert Charles T. Phillips, Pacific Building, San Fran- 
 cisco. 
 
 Municipal Accounting Wm. Dolge, 311 California St., San Fran- 
 cisco. 
 
 Municipal Engineers C. C. Kennedy, Holbrook Building, San 
 Francisco; Engineering Service Company, Washington Build- 
 ing, Los Angeles. 
 
 Municipal Printers A. Carlisle & Co., 251 Bush Street, San 
 Francisco. 
 
 Municipal Supplies A. Carlisle & Co., San Francisco. 
 
 Ornamental Lighting Systems Chas. T. Phillips, Pacific Building, 
 San Francisco. 
 
 Pavement Warren Bros. Co., Los Angeles and San Francisco. 
 
 Paving Contractors Fairchild-Gilmore Wilton Co., Pacific Elec- 
 tric Building, Los Angeles. 
 
 Paving Materials Warren Brothers Company, San Francisco and 
 Los Angeles. 
 
 Pipe Pacific Tank and Pipe Company, San Francisco and Los 
 Angeles; Western Pipe and Steel Co., San Francisco and Los 
 Angeles. 
 
 Pressed Brick N. Clark & Sons, 112-116 Natoma Street, San 
 Francisco; Gladding McBean & Co., Crocker Building, San 
 Francisco. 
 
 Redwood Water Pipe Pacific Tank and Pipe Company, San 
 Francisco and Los Angeles. 
 
 Roofing Tile N. Clark & Sons, 112-116 Natoma Street, San Fran- 
 cisco; Gladding McBean & Co., Crocker Building, San Fran- 
 cisco. 
 
 Sewer Pipe N. Clark & Sons, 112-116 Natoma Street, San Fran- 
 cisco; Gladding McBean & Co., Crocker Building, San Fran- 
 cisco. 
 
 Sewer Systems C. C. Kennedy, Holbrook Building, San Fran- 
 cisco. 
 
 Street Lighting Expert Charles T. Phillips, Pacific Building, San 
 Francisco. 
 
 Street Sweepers A. L. Young, 461 Market Street, San Francisco. 
 
 Vitrified Sewer Pipe N. Clark & Sons, 112-116 Natoma Street, 
 San Francisco; Gladding McBean & Co., Crocker Building, 
 San Francisco. 
 
 Warrenite-Bitulithic Pavement Warren Brothers Company, San 
 Francisco and Los Angeles. 
 
 Water Meters Neptune Meter Company, San Francisco and Los 
 Angeles; National Meter Co., 141 New Montgomery Street, 
 San Francisco. 
 
 Water Pipe Pacific Tank and Pipe Company, San Francisco and 
 Los Angeles.
 
 INDEX 
 
 Page 
 
 Accepted Streets 177 
 
 Accounting books 58 
 
 Accounting requirements 51 
 
 Adjourned meetings 95 
 
 Advantages of incorporation I 
 
 Alien poll tax 38 
 
 Ancient cities, the T 
 
 Ancient cities, garbage of , 
 
 Ancient Rome, improvements in 8 
 
 Annexation of new territory, procedure 48 
 
 Appeals in Recorder's Court 127 
 
 Appointive officers 90 
 
 Appointment instead of election ^ 92 
 
 Asphaltic cement, specifications for 146 
 
 Asphaltic concrete binder course, specifications for 149 
 
 Asphalt defined 177 
 
 Asphaltic wearing surface, specifications for 150 
 
 Assessor, duties of 61-1 13 
 
 Attorney, duties of 115 
 
 Audit and examination of accounts 65 
 
 Back-filling, defined 178 
 
 Bail bond, form of 136 
 
 Bail, defendant may be admitted to 126 
 
 Bitumen, defined 178 
 
 Board of trustees, rules for 42 
 
 Bonds not required from city 132 
 
 Books and stationery, quality of 46 
 
 Books, forms and reports 58 
 
 Boroughs, definition of " 9 
 
 Boulevard, defined 178 
 
 Boundaries by highway 134 
 
 Bridge over boundary 109 
 
 Budget, form and definition of 52-57 
 
 Building regulations, schools subject to in cities 102 
 
 Business, what constitutes * 101 
 
 Cameron Septic Tank, described 179 
 
 Certified milk, defined 179 
 
 Civil actions, in Recorder's Court 
 
 Challenges to jury, Recorder's Court 122 
 
 Change of venue in Recorder's Court 
 
 Charters for cities, early 
 
 Charters under the Constitution . . ' M
 
 INDEX 199 
 
 Page 
 
 Churches exempt from taxation 37 
 
 Cities of middle ages 8 
 
 City gates, purpose of 7 
 
 City manager plan 17-19 
 
 City officials in England 11 
 
 Claims, city may compromise 107 
 
 Claim, clerk cannot question validity 107 
 
 Claims, no priority among claimants 107 
 
 Clerk, books to be kept 114 
 
 Clerk, duties of 61-114 
 
 Clerk's books 61-63 
 
 Collection and deposit of money 65 
 
 Collection of moneys 118 
 
 Comfort stations, denned 180 
 
 Commission plan of government, denned 16 
 
 " plan of government, election for 91 
 
 " plan, constitutionality of 92 
 
 Common towels prohibited 176 
 
 Compensation of officers 94 
 
 of officers, constitutional provisions 29 
 
 of other officers 116 
 
 reduction of limited 91 
 
 Complaint, Criminal, form of 134 
 
 Complaint for Misdemeanor, time for filing 119 
 
 Concrete foundation, specifications for 148 
 
 " gutters, specifications for 147 
 
 Connections with sewer, lien for 166 
 
 Contract required for public work, when 112 
 
 Costs, if defendant is acquitted 124 
 
 Council plan of city government 15 
 
 Coupon bonds, defined 180 
 
 Court to decide law 123 
 
 Culverts, specifications for 146 
 
 Curfew ordinance, defined 180 
 
 Debt, Defined 34 
 
 Debt, power to incur 33 
 
 Debts not liabilities imposed by law 33 
 
 Dedication, definition of 180 
 
 Dedication of street 98 
 
 De facto officers, defined 181 
 
 Defaulting juror, arrest of, form of notice 138 
 
 Defendant must be present 122 
 
 " on acquittal, costs 124 
 
 Delegating duties, power to 24
 
 200 INDEX 
 
 Page 
 
 Demands on treasury 106 
 
 Deposit of public money, regulation of 33 
 
 Development of municipal government 7 
 
 Discharge of defendant 120 
 
 Districts or zones in cities 103 
 
 Docket of Recorder, how kept 120 
 
 Docket, Recorder's Court, form of 139 
 
 Drinking cup, common use prohibited 175 
 
 Due process of law, what is 22 
 
 Dues for membership in League 4 
 
 Dwelling house act 181 
 
 Education Necessary for Better Government 13 
 
 Eight hour day 39 
 
 Elections .' . . .T 90 
 
 Elections in cities 186 
 
 Election provisions 94 
 
 Electric wire poles, right to transpose 34 
 
 Eligibility to office 95 
 
 Eminent domain, denned 181 
 
 Eminent domain, constitutional provision 22 
 
 Employment distinguished from office 181 
 
 English city officials 11 
 
 England, municipal government in 9 
 
 England's municipal corporation act 11 
 
 Equalization, trustees sitting as board of .' Ill 
 
 Excess condemnation, denned 182 
 
 Excluding territory, procedure for .' 48 
 
 Ex officio office, bond for 91 
 
 Expansion joints, denned '. 182 
 
 Extra compensation to officials 25 
 
 Extracts from Constitution of California 20 
 
 Fees to Judicial Officers Prohibited 26 
 
 First meeting, how to conduct ; 41 
 
 First municipal institutions 7 
 
 Fifth Class Cities, appointing officers in 68 
 
 " " * auditing demands 75 
 
 " " " collection of moneys 88 
 
 * " " commission government in, .^ 67 
 
 " " " compensation to officials r 69-82 
 
 " " " contract work 78 
 
 ' " 7< debt limit 75 
 
 " " " duties of Assessor 79 
 
 " " " duties of Attorney 81
 
 INDEX 201 
 
 Page 
 
 Fifth Class Cities, duties of Clerk 80 
 
 " " " duties of Treasurer 79 
 
 * " " elections in 66 
 
 * " " election regulations 70 
 
 enacting clause of ordinances 74 
 
 equalizing taxes 77 
 
 *.,*.* fire departments 89 
 
 " " " fines, how disposed of 126 
 
 " " " imprisonment 75 
 
 " " " library in 70 
 
 " " " marshal of 81 
 
 " meetings of board 71 
 
 " " meetings of school board 83 
 
 " " " no diversion of school funds 86 
 
 " " " nuisances 76-88 
 
 " " " officers of 66 
 
 official bonds in 68 
 
 " " officials interested in contracts 88 
 
 " " passing ordinances 71-74 
 
 " " " president of school board 86 
 
 powers of president 78 
 
 " " powers of school board 83 
 
 " " " powers of city trustees 72 
 
 qualifications for office 70 
 
 Recorder's Court in 86 
 
 " right of way 76 
 
 " " rules of board 71 
 
 *."-*" school district in 83 
 
 * " " school funds of 85 
 
 school fund warrants 86 
 
 " secretary of school board 86 
 
 " tax levy 76 
 
 " " " trustees of 71 
 
 " " vacancies 69 
 
 " " " vacancies on school board 83 
 
 ''* waterfront fund 77 
 
 Flush tank, defined 182 
 
 Food sanitation act, provisions of 171 
 
 Franchises 96 
 
 French towns of middle ages 8 
 
 Galveston's Experience 16 
 
 Gates for cities, purpose of 7 
 
 Garbage disposa' in ancient cities 8 
 
 General laws, applicable to charter cities 28
 
 202 INDEX 
 
 Page 
 
 Gifts of public money prohibited 24 
 
 Governmental functions, defined 183 
 
 Grading specifications 143 
 
 Grounds for a new trial 125 
 
 Health Boards, Powers and Duties 159-160 
 
 High schools are "public" schools 27 
 
 History of the League I 
 
 History of municipalities 7 
 
 Hospitals, cities may establish 105 
 
 Hotels, sanitation of 173 
 
 How to conduct trial 123 
 
 How to organize a municipal corporation 40 
 
 Imhoff Tank, Described T 184 
 
 Inalienable rights 20 
 
 Incorporation proceedings 40 
 
 Indebtedness, power to incur 33 
 
 Indecorum, punishment for 44 
 
 Initiative and referendum 24 
 
 Initiative, referendum and recall proceedings 157 
 
 " and referendum, procedure for 184 
 
 Injunction, security from 133 
 
 Invalid ordinances, examples of 31 
 
 Itinerant venders, definition of 184 
 
 Jeopardy, Once in 21 
 
 Judgment, arrest of 125 
 
 fine and imprisonment 138 
 
 may direct punishment 124 
 
 " of imprisonment 126 
 
 when to be rendered 125 
 
 Jury, failure to agree 124 
 
 " how to decide 124 
 
 " how to deliver verdict 124 
 
 " trial, how waived 122 
 
 " when to discharge without a verdict 124 
 
 " trial, right of 21 
 
 Justices of the Peace 25 
 
 Lamp hole, defined 184 
 
 League of California Municipalities 3 
 
 Lending credit prohibited 24 
 
 Liability of municipality 184-186 
 
 of officers... 185
 
 INDEX 203 
 
 Page 
 
 License fees 100 
 
 " for regulation, limited 32 
 
 * tax a debt 101 
 
 * taxes, constitutional provisions 32 
 
 Local government in America 12 
 
 Macadam, Defined 177 
 
 Manager plan of city government 17 
 
 Manager plan, theory of 18 
 
 Marshal, duties of 64 
 
 power and duties of 115 
 
 Meetings of board 95 
 
 Meeting for first time, conduct of 41 
 
 Middle ages, cities of 8 
 
 Milk bottles, quarantine for 169 
 
 Minutes of meeting, how to keep 46 
 
 Minutes, entering judgment in 126 
 
 Mode is the measure of power 105 
 
 Model tax bill 59 
 
 Money, deposit of, constitutional provisions 32 
 
 Mosquito, abatement districts 162 
 
 Municipalities, history of 7 
 
 as business institutions 13 
 
 Municipal accounting 51 
 
 " affairs, what are 28 
 
 * boards of health 159 
 
 " corporation, definition of 14 
 
 " corporations, how created 14 
 
 corporation, how to organize 40 
 
 " corporations under constitution 27 
 
 " corporations of the Sixth Class , 90 
 
 " corporation act of England 11 
 
 " courts, defined 25 
 
 " government in England 10 
 
 " government in U. S., origin of 12 
 
 " health, nurses 162 
 
 " ownership, right of 34 
 
 Museums, power to establish 190 
 
 Municipal purposes or uses defined 186 
 
 Names of Streets, Origin of 8 
 
 New trial, grounds for 125 
 
 New trial, motion for 125 
 
 Nuisance defined 108 
 
 Nuisances defined ... 165
 
 204 INDEX 
 
 Page 
 
 Nuisance, code definition 133 
 
 Nuisances, how abated 108 
 
 Nuisance, remedies for 133 
 
 Nurses, public health, for cities 162 
 
 Nurses, public health, authority to appoint 186 
 
 Office, Residential Qualifications 191 
 
 Oath of office 39 
 
 " of office, failure to take 186 
 
 " of jurors 123 
 
 Obstacles to better government i:t 
 
 Obstructions in street, legality of 28 
 
 in streets 99 
 
 Offensive occupations, right to prohibit ^ 20 
 
 Office, distinguished from employment 181 
 
 " eligibility to hold 95 
 
 Officers of city 90 
 
 " interested in contracts 118 
 
 " suspension of 187 
 
 Official bonds 92 
 
 Once in jeopardy, definition 21 
 
 Ophthalmia, disease of the eye 164 
 
 Order of business 44 
 
 Ordinances cannot be suspended 187 
 
 Ordinance, effect of invalid section 96 
 
 Ordinance fixing time of meeting 41 
 
 Ordinances, how construed 96 
 
 Ordinances, how passed 96 
 
 Ordinances, invalid, examples of 31 
 
 Ordinance, a "law of this State" 96 
 
 Ordinance, question of reasonableness 30 
 
 Ordinances, maximum penalty must be stated 108 
 
 Ordinances, publication of 106 
 
 Ordinances, title of 96 
 
 Ordinance and State law on same subject ' 30 
 
 Ordinances, valid, examples of 31 
 
 Organizing a municipal corporation 40 
 
 Orphanages exempt from taxation 38 
 
 Parish Meeting 10 
 
 Parishes, functions of 
 
 Parks, limitation of use 99 
 
 Party wall, defined 188 
 
 Parliamentary law, necessity for observing 188 
 
 Pensions for police and firemen 188
 
 . INDEX 205 
 
 Page 
 
 Petition, right to withdraw names 157 
 
 Personal property exemption from taxation 38 
 
 Picketing ordinances valid 188 
 
 Plea of guilty, proceeding in such case 124 
 
 " in Recorder's Court 120 
 
 Plumbers, registration of v 188 
 
 Policemen are officials, not employees 188 
 
 Police and firemen, personal liability of 189 
 
 " pensions 188 
 
 * powers defined 29-188 
 
 " power, extent of 22-29 
 
 Poll tax on aliens 38 
 
 Poor law unions 10 
 
 Portland cement, specifications for 148 
 
 " testing 189 
 
 Postponement of trial 122 
 
 Powers of government, distribution of 23 
 
 " of trustees 97 
 
 President of board, powers of 13 
 
 Previous fiscal year, status of funds of 33 
 
 Printing and advertising, contract for 112 
 
 Private business, city cannot engage in 190 
 
 " sewers, city's liability in 189 
 
 Privileges and immunities of citizens 23 
 
 Proceedings for incorporation '. 40 
 
 Process, style of 26 
 
 Prohibition, writ of, defined 189 
 
 Proprietary functions defined 190 
 
 Public health nurses, authority to appoint 186 
 
 schools, defined 27 
 
 money, deposit of 32 
 
 " parks, use of 99 
 
 " utilities, ownership of 34 
 
 work, when by contract 112 
 
 Quarantined child not to attend school 170 
 
 Quarantine rules 167 
 
 Quasi corporations, defined 190 
 
 Quo Warranto defined 190 
 
 Rags for Wiping, Sterilization of 164 
 
 Railroad Commission, constitutional provisions 34 
 
 Railroads, permit to enter city 134 
 
 Rabies, prevention of 163 
 
 Ready-to-serve charge, defined 190 
 
 Recall proceedings 157
 
 206 INDEX 
 
 Page 
 
 Reconsideration of vote, by trustees 191 
 
 Record of meeting, how to keep 46 
 
 Records in fireproof vault 43 
 
 Recorder's Court 117 
 
 how to commence proceedings 119 
 
 " jurisdiction of 26-1 19 
 
 " Penal Code Provisions for 119 
 
 Recorder, when disqualified 118 
 
 Recorder's books 64 
 
 Referendum proceedings 157 
 
 Reform act, conditions prior to 10 
 
 Refuse, defined 191 
 
 Registered bonds, defined 191 
 
 Regulation, amount of license for 32 
 
 Regulation and revenue distinguished ,., 101 
 
 Reinsch-Wurl screen, defined 191 
 
 Reliable firms 196 
 
 Relief work, power over 191 
 
 Religious freedom 20 
 
 Removal of buildings, power over 191 
 
 " of officers 24 
 
 Report to State Controller 65 
 
 Rescinding prior acts 191 
 
 Residential qualification for holding office 186-191 
 
 Resignation of officer 191 
 
 Revenue and regulation distinguished 101 
 
 Rewards for apprehending offenders 192 
 
 Right of way, how secured 109 
 
 Road money, return of 46 
 
 Rodents, extermination of 164 
 
 Rules for board of trustees 42 
 
 for conducting meetings 96 
 
 Sabotage Defined 192 
 
 Sand, specifications for 145 
 
 Scales on sidewalk 192 
 
 School system a State affair 28 
 
 Schools must be kept up 27 
 
 Self-government, theory in U. S 13 
 
 Seating arrangement for trustees 45 
 
 Search-warrant, property taken by 130 
 
 must be served within ten days 130 
 
 may be served at night 130 
 
 how may be served 129 
 
 form of 129 
 
 when to issue 128 
 
 grounds for issuing 127-128 
 
 defined... 127
 
 INDEX 207 
 
 Page 
 
 Several defendants may be tried together 124 
 
 Sewering, specifications for 153 
 
 Sewage in streams, unlawful 166 
 
 Sewer connections, lien for 166 
 
 Sewers, financing construction of 192 
 
 Shade trees on streets, planting and care of 192 
 
 Sixth Class Cities, municipal corporations of the 90 
 
 Smoke, a public nuisance 192 
 
 Soldier's tax exemption 37 
 
 Spain, municipal institutions in 8 
 
 Speaking in streets, city may prohibit 99 
 
 Special meetings, how called 95 
 
 notice required 192 
 
 Specifications for asphaltic wearing surface 150 
 
 " concrete binder course 149 
 
 Specifications for broken stone 145 
 
 concrete gutters 147 
 
 for concrete foundation 148 
 
 for culverts 146 
 
 for grading 143 
 
 for Portland Cement 148 
 
 for sand 145 
 
 for sewering 153 
 
 for stone 145 
 
 for stone dust 145 
 
 for street work, general requirements 141 
 
 for Warrenite-Bitulithic pavement 151 
 
 Spite fence, defined 193 
 
 Spitting prohibited 165 
 
 State Controller, report to 65 
 
 Stationery and supplies, quality of 65 
 
 Street cars, regulating speed of 193 
 
 Street, dedication of 98 
 
 Street defects, liability for damage 98 
 
 " fairs, control over 193 
 
 Streets include sidewalks 98 
 
 Street names, origin of 8 
 
 obstructions 99 
 
 speaking may be prohibited 99 
 
 trees, control over 194 
 
 Subpoena, form of 137 
 
 Supoenas, how issued ' 126 
 
 Sunday laws 20 
 
 Sureties on bond, public or private 93 
 
 Swimming pools, sanitation of '. 172 
 
 Syndicalism, criminal, defined 194
 
 208 INDEX 
 
 Page 
 
 Taxation, Distinguished from Eminent Domain 194 
 
 Taxation must be in proportion to value 36 
 
 Taxation, personal property exemption 38 
 
 system of 109 
 
 for State purposes 38 
 
 soldiers, churches and orphans exempt 37 
 
 Taxbill, a suggested model 59 
 
 Tax Collector's books 64 
 
 Taxes on railroads, telegraph, gas and electric companies, etc ,. . . 39 
 
 Term of office, denned ' 29 
 
 Topeka specifications, defined 194 
 
 Township, definition of 9 
 
 Treasurer, duties of 61 
 
 Treasurer's duty 113 
 
 liability 93 
 
 Trees on streets, control over 194 
 
 Trial by jury, right to 21 
 
 " " " how waived 122 
 
 Trial, postponement of 122 
 
 Trustees, compensation for >v 93 
 
 powers of 97 
 
 Unformity of Laws : 21 
 
 Urgency ordinances 42 
 
 Vacancy, How Filled 3 
 
 Vaccination act 162 
 
 Valid ordinances, examples of 
 
 Venue, change of, in Recorder's Court 
 
 Verdict of jury, how delivered 124 
 
 in case of several defendants 124 
 
 Vital statistics, city clerk to keep 194 
 
 Warrant, Form of 135 
 
 Warrant of arrest 119 
 
 ' " " for corporation 119 
 
 " ' formof ll!l 
 
 Water companies, no charge for service pipe 97 
 
 pipe, various kinds 195 
 
 rates not a lien 97 
 
 Warrenite-Bitulithic, definition of 194 
 
 specifications 151 
 
 Weeds, act for removal of 195 
 
 Weeds a nuisance 108 
 
 Wiping rags, sterilization of _ 164 
 
 Words and phrases used in municipal affairs 1 77 
 
 Writ of prohibition, defined 189 
 
 Writ of Quo Warranto, defined 190 
 
 "Y" Branches to Sewer 195 
 
 Zones in Cities, Defined 195
 
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