and county charters, or ordinances, in conflict with any of the provisions of this act, shall be of no force or effect in election districts or precincts where voting machines are used.

The provisions of the penal laws and election laws relating to misconduct at elections shall apply to elections with voting machines. Any person, who shall, before or during an election, tamper with any voting machine; or who shall interfere, or attempt to interfere, with the correct operation of the voting machine, or the secrecy of voting; or shall willfully injure a voting machine, to prevent its use; or, any election or police officer, or anyone employed to assist in the care or arrangement of the voting machine, or any unauthorized person who shall make or have in his possession a key to a voting machine that has been adopted and will be used in elections in this state shall be guilty of a felony, punishable by imprisonment in a state prison for not less than one year nor more than fourteen years.

§ 25. Definitions. The list of offices and candidates, and the statements of questions used on the voting machines shall be deemed an official ballot and the words "ballot labels," as used in this act shall mean the cards, paper or other material containing the names of officers and candidates, and statements of questions to be voted on. The word "diagram" shall mean an illustration of the official ballot when placed upon the machine, showing the names of the parties, offices and candidates, and statements of the questions in their proper places, together with the voting device therefor, and shall be considered a sample ballot. The word "question" shall mean a statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; provided, however, the ballot labels for "questions" shall contain a condensed statement of not more than twenty words, of each question to be voted on, accompanied by the words "Yes" and "No." The words "irregular ballot" shall mean the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels. The word "vote indicator" shall mean those devices with which votes are indicated for candidates, or for or against questions. The word "counters" shall mean the counters on which are registered the votes cast for candidates and on questions. The words "public counter" or "protective counter" shall mean a counter or device that will register each time the machine is operated and shall be so constructed, and so connected that it cannot be reset, altered or operated, except by operating the machine. The words "voting machine booth" shall mean the enclosure occupied by the voter when voting. The word "model" shall mean a mechanically operated model of a portion of the face of the machine illustrating the manner of voting. The words "statement of votes cast" shall mean a statement and return in book or sheet form of the votes cast at any election together with suitable certificates of its correctness.

TITLE 174.
ELECTRICITY.

ACT 2283.

An act authorizing municipal corporations to permit other municipal corporations and counties to construct and maintain sewers, water

mains and other conduits, and pole lines for the transmission of electricity and electric energy in, through, over, along and across its streets and public places, and to construct and maintain sewers, water-mains and other conduits and pole lines for the transmission of electricity and electric energy for their joint benefit and at their joint expense, through, over, along and across such streets and public places, and to make and enter into contracts for such purposes, prescribing a method for compelling such use of such streets and public places.

[Approved June 5, 1915. Stats. 1915, p. 1195.]

§ 1. One city may permit another city to maintain sewers, watermains or other conduits and pole lines.

§ 2. Resolution submitted. Description of sewers, etc. Request for permission. Right to connect sewers.

§3. Letting of contracts. Contractors' bonds. Cities may construct. § 4. Joint agreement to construct sewers, water-mains or other conduits or pole lines. One city to contract for all.

§ 5. Complaint to railroad commission upon refusal. Hearing of appli

cation.

$6. Sanitary districts.

§ 7. Determination of controversies.

$8. Judgment of railroad commission conclusive.

89. Act not repealed.

§ 1. One city may permit another city to maintain sewers, watermains or other conduits and pole lines. Any municipal corporation, under such terms and conditions as may be prescribed by the city council or other legislative body thereof is hereby authorized and empowered to permit any other municipal corporation or county to construct and maintain sewers, water-mains or other conduits and pole lines for the transmission of electricity and electric energy in, through, over, along or across the streets and other public places of such municipal corporation, and to use the same for such purpose under the provisions of this act, and not otherwise.

§ 2. Resolution submitted. Description of sewers, etc. Request for permission. Right to connect sewers. Whenever a city council, board of trustees or other legislative body of any municipal corporation or board of supervisors of any county shall find, and by resolution shall declare, that the location of such municipal corporation or county or any portion of the territory included therein is such that the same cannot be adequately or conveniently provided with sewers, water-mains or other conduits or with electricity or electric energy, without the construction and maintenance by such municipal corporation or county, of certain sewers, water-mains or other conduits or with pole lines for the transmission of electricity and electric energy, connecting therewith, in, over, across or along said streets or other public places of any other municipal corporation or corporations, such city council, board of trustees, board of supervisors or other legislative body may cause a copy of such resolution, certified by the clerk thereof to be submitted to the city council, board of trustees or other legislative body of such other municipal corporation or corporations in which such streets or other public places are situated.

Description of sewers. Said resolutions shall contain a description of the sewers, water-mains or other conduits or pole lines for the

a

transmission of electricity or electric energy proposed to be constructed and maintained in such other municipal corporation or corporations, and shall designate the streets or other public places by name or other proper designation, in, through, over, along or across which such sewers, water-mains or other conduits or pole lines for the transmission of electricity or electric energy are so proposed to be constructed and maintained. Said resolution shall contain description of the sewers, water-mains or other conduits, or pole lines for the transmission of electricity or electric energy proposed to be constructed, and maintained in such other municipal corporation or corporations and shall designate the streets or other public places by name or other proper designation, in, through, over, along or across which such sewers, water-mains, conduits or pole lines are proposed to be constructed and maintained.

Request for permission. Said resolution shall be accompanied by a request in writing, that the municipal corporation or sanitary district, on behalf of which the same was made, signed by the clerk thereof, be granted permission to construct and maintain the sewers, water-mains or other conduits or pole lines for the transmission of electricity or electric energy, described in said resolution. The city council or board of trustees or other legislative body of any municipal corporation receiving such request and a certified copy of such resolution, may by ordinance, grant such permission and under such terms and conditions as it shall therein prescribe.

Right to connect sewers. If the permission granted under the provisions of this section shall be for the construction and maintenance of sewers, the city council, board of trustees or other legislative body of any municipal corporation granting the same, may, as a condition to the exercise of such permission, require that said municipal corporation shall have the right to connect its sewers and those of its inhabitants with the sewers to be constructed under such permission, and to use the same in connection with its sewer system upon the payment by it of such proportionate part of the cost of construction and maintenance of such sewers to the municipal corporation or county by which the same shall be constructed as may be determined by resolution of its city council, board of trustees or other governing body, or board of supervisors, or both such municipal corporations or such corporation and county as the case may be, such payments to be made at such times and in such amounts as may be determined.

con

§ 3. Letting of contracts. Contractor's bonds. Cities may struct. All contracts for the construction or completion of any sewers, water-mains or other conduits or for such pole lines for the transmission of electricity or electric energy or for furnishing labor or materials therefor, to be constructed by any municipal corporation or county, in, across or along the streets or other public places of any other munici pal corporation or corporations as herein provided, shall be let to the lowest responsible bidder. The city council, board of trustees, or board of supervisors or other legislative body of the municipal corporation or county constructing such sewers, water-mains or other conduits or such pole lines for the transmission of electricity or electric energy under permission granted as in this act provided, shall advertise for at least ten days in one or more newspapers published in such municipal corpo

ration or county (or in one or more newspapers published in the county in which said municipal corporation is situated, if there be no newspaper published in such municipal corporation) inviting sealed proposals for furnishing the labor and materials for the proposed work, before any contract shall be made therefor. The said city council, board of trustees or board of supervisors or other legislative body of such city or county shall require such bonds as it may deem best from the successful bidder to insure the faithful performance of the contract work, and shall also have the right to reject any and all bids; provided, however, that nothing herein contained shall be construed as prohibiting such municipal corporation or county from itself constructing or completing such works and employing the labor necessary therefor without such advertisement for proposals or letting of a contract; and provided, further, that in any municipal corporation operating under a freeholder's charter heretofore or hereafter framed under section 8 of article XI of the constitution, and providing for a board of public works, all the matters and things required in this section to be done and performed by the city council, board of trustees or other legislative body of such municipal corporation, shall be done and performed by the board of public works thereof; and provided, further, that in case such charter or general law under which such municipal corporation is operating or existing, prescribing the manner of letting and entering into contracts for the furnishing of labor, materials and supplies for the construction or completion of such works or improvements, the contracts for such sewers, water-mains or other conduits or such pole lines for the transmission of electricity or electric energy shall be let and entered into in conformity with such charter or general law.

§ 4. Joint agreement to construct sewers, water-mains or other conduits or pole lines. One city to contract for all. Whenever the councils, boards of trustees or other legislative bodies or two OP more municipal corporations or one or more municipal corporations, or the board of supervisors of any county and the city council, board of trustees or other legislative body of any such municipal corporation, shall find and, by resolution adopted by them, shall declare that it will be for the interests or advantage of such municipal corporations or counties so to do, such municipal corporations or counties by their respective city councils, boards of supervisors or other legislative bodies, may enter into a joint agreement, authorizing the construction and maintenance of sewers, water-mains or other conduits or pole lines for the transmission of electricity or electric energy, in, through, over or along the streets or other public places of either or any of such municipal corporation or counties or in part outside of the limits thereof, at the joint cost and expense and for the joint use and benefit of such municipal corporations or counties upon such terms and conditions and under such regulations as may be approved by the city councils, boards of supervisors or other legislative bodies of all such municipal corporations or counties; and the city council, board of supervisors or other legislative body of each such municipal corporation or county may bind or obligate such municipal corporation or county to pay such proportionate part of the cost of the construction and maintenance of such sewers, water-mains or other conduits or for such pole lines for the transmission of electricity or electric energy at such times and in such installments as may be so approved.

One city to contract for all. All contracts for the construction of sewers, water-mains or other conduits, or pole lines for the transmission of electricity or electric energy under the provisions of this section shall be made and entered into by the one of such municipal corporations or counties designated by the city council, boards of supervisors or other legislative bodies of all such municipal corporations or counties, and in the manner provided by section 3 of this act.

Contract for joint use by cities or counties. Two or more municipal corporations, one or more municipal corporations and one or more counties may also, by their city councils, boards of supervisors, or other legislative bodies, enter into an agreement or agreements with each other, for the joint use by such municipal corporations or counties of any sewers, water-mains, or other conduits, or pole lines for the transmission of electricity or electric energy theretofore, in whole, or in part, constructed in the streets or other public places of either or any such municipal corporations or counties, upon such terms and conditions as they may by mutual agreement make by their respective city councils, boards of supervisors or other legislative bodies declare to be proper.

§ 5. Complaint to railroad commission upon refusal. Hearing of application. Whenever any municipal corporation shall refuse to grant to another municipal corporation or county, the right to construct and maintain such sewers, water-mains, or other conduits, or pole lines for the transmission of electricity or electric energy, in, through, over, along or across its streets or other public places, after such request for such use has been made to the city council or other governing body thereof, and other proceedings had as prescribed by section 2 of this act, or in case the terms and conditions prescribed by such municipal corporation wherein such streets or other public places are situated shall, by resolution, be rejected by the city council or other legislative body of the municipal corporation or county which has caused such request to have been made, the city council, or board of supervisors or other governing body of such municipal corporation or county, may adopt a resolution stating that such terms and conditions are rejected by such municipal corporation or county and the municipal corporation or county which has made such application and request may thereupon and within one year thereafter, make a complaint to the railroad commission of the state of California, setting forth copies of the resolutions of the several city councils, boards of supervisors or other governing bodies of said several municipal corporations or counties, relative to such application and its refusal, a copy of the resolution adopted by its city council, board of supervisors or other legislative body, rejecting such terms and conditions, a copy of such request, the name of the municipal corporation or county which has made such application; the name of the municipal corporation where such streets or public places are situated, the names or other proper designation of the streets or publie places which are proposed to be used for the purposes herein prescribed, the purpose for which, and the manner in which the same are proposed to be used, and the facts showing the necessity or expediency for such use.

Hearing of application. Thereupon said railroad commission shall hear such application and if it appear to such railroad commission that the public interest or convenience require that such