meeting thereof whereat such investigation and order were made. [Repealing clause.] All acts and parts of acts in conflict herewith repealed. History: Enacted March 12, 1872, founded upon § 5 Act April 4, 1870, Stats. 1869-70, p. 745; amended March 7, 1889, Stats, and Amdts. 1889, p. 88; March 10, 1899, Stats. and Amdts. 1899, p. 90; February 28, 1901, Stats. and Amdts. 1900-1, pp. 65-66; March 18, 1905, Stats. and Amdts. 1905, pp. 201-202. 121 C. 546, 549, 551, 53 P. 1093 (applied with §§ 2570, 2572). § 2572. SALARY OF HARBOR COMMISSIONERS. SALARY OF OTHER OFFICERS. The commissioners of the board of harbor commissioners of the port of Eureka shall each receive a salary of four hundred dollars per annum. The secretary shall receive a salary of one thousand dollars per annum. The harbor master shall receive a salary of one thousand two hundred dollars per annum. All salaries of said commission and its officers herein named are to be paid out of the treasury of the State of California at the same time and in the same manner as are the salaries of other state officers. All other expenses of said commission necessarily incurred not to exceed fifteen hundred dollars per annum shall be paid by the state. For the purpose of paying said expenses there is hereby continuously appropriated out of any money in the state treasury, not otherwise appropriated, for each and every fiscal year the sum of fifteen hundred dollars, to be paid on the warrants of the state controller at such times and in such amounts as may be approved by the state board of examiners. History: Enacted March 12, 1872, founded on § 6 Act April 4, 1870, Stats. 1869-70, p. 745; amended March 18, 1905, Stats. and Amdts. 1905, p. 202; March 6, 1907, Stats. and Amdts. 1907, p. 130, Kerr's Stats and Amdts. 1906-7, p. 152; March 10, 1909, Stats. and Amdts. 1909, p. 257. In effect July 1, 1909. 121 C. 546, 549, 551 (applied, as it originally stood, with §§ 2570, 2571, but erroneously cited as § 2072), 553 (cited as to monthly payment of harbor commissioners' compensation), 53 P. 1093, 1095 (correct citation-there never was any § 2072 Pol. C.). ARTICLE XI. [The original article XI, entitled, "Sailors and sailor boarding-houses," and comprising §§ 2583-2607, enacted March 12, 1872, and repealed December 22, 1875, Code Amdts. 1875-6, p. 52. On the 18th day of March, 1889, the present article XI was enacted, comprising §§ 2575-2608, and with subsequent amendments thereto is as follows:] HARBOR COMMISSIONERS FOR THE BAY OF SAN DIEGO. Constitution of board and appointment sioners. of commis § 2586. § 2587. $ 2588. $ 2589. § 2590. § 2591. Prosecution of actions. § 2575. $ 2578. § 2579. Control of bay. § 2580. § 2581. $ 2582. $ 2583. § 2584. § 2585. Extending streets. Embankments, etc.; eminent domain; compensation. Contract, execution and validity of. Salaries and expenses paid out of moneys collected. Vouchers, drafts, and warrants. Report to controller. Ex officio members of board. Survey and location of sea-wall. Harbor improvement fund. State treasurer to keep moneys separate. Secretary. When no tolls or wharfage to be collected. Wharfingers and collectors to be special policemen. Plats of state land, leasing. Penalty. Application to maintain wharf, etc. Map or plat to show what. Salary of commissioners, secretary and employees. § 2575. CONSTITUTION OF BOARD AND APPOINTMENT OF COMMISSIONERS. A board of state harbor commissioners for the bay of San Diego, to consist of three persons, is hereby constituted with such powers and duties as are prescribed by law. On the passage of this act the governor must nominate and by and with the consent of the senate appoint one of said commissioners to hold office for two years, and one for three years, and one for four years from the dates of their respective commissions, and until their successors are qualified. The said officers must thereafter be nominated by the governor, and by and with the consent of the senate, be appointed for four years from the dates of their respective commissions, and until their successors are qualified. All persons appointed commissioners by virtue of this act must be qualified electors of the county of San Diego. If the term of office of any commissioner expire during the recess of the senate, the governor must grant a commission to his successor, which shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session. If a vacancy occurs from any cause in the office of a commissioner before the expiration of his term, his successor must be appointed and hold office only for the unexpired portion of such term. In case the senate, during its session, fail to act on or refuse its consent to any nomination the governor may make of persons to constitute the board herein first provided for, or to fill a vacancy occurring thereafter by expiration of the term or otherwise, he must, after the adjournment of the senate, grant a commission for the terms herein provided for, or for the unexpired portion of such term, as the case may be, subject, however, to the consent of the senate at its next regular session. In all cases, however, where the senate fails or refuses to confirm a nomination so made by the governor, the official acts of the person so nominated, up to the time of his non-confirmation, shall be legal and valid to all intents and purposes, and he shall be entitled to his salary up to that time for his services rendered, but no further; provided, that upon the passage of this act, the governor shall nominate three persons to fill such offices for the first term and submit them to the senate at least one day before its final adjournment. [President of board-Duties and powers.] The commissioner first appointed for four years shall be the president and executive officer of the board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officers and employees, especially in the collection, custody, and disbursement of the revenues, and to require that all the books, papers, and accounts be accurately kept, and in proper form, and all the provisions of law and the regulations of the board be enforced and observed. He may administer official oaths to the officers and employees of the board, except the other commissioners, and to all persons in relation to the business of the board. After the expiration of the first four years, the commissioners must elect their president from amongst themselves. History: Enacted March 18, 1889, Stats. and Amdts. 1889, pp. 305-306. See Kerr's Cyc. Pol. C. for 3 pars. annotation. 132 C. 217, 219, 221, 64 P. 299 (construed). § 2576. BOND OF PRESIDENT. The president of the board must give an official bond in the sum of ten thousand dollars, and each of the other commissioners in the sum of ten thousand dollars, which must be approved by the governor, and state treasurer, by written indorsement thereon, and within fifteen days after the date of their respective commissions must be filed and recorded in the office of the secretary of state, together with the official oath prescribed by law. The commissioners shall not be sureties for one another, nor shall any officer of the state, nor any officer or member of the legislature be accepted as surety on said bonds. The board, on entering upon the duties of their office, may, as soon as they deem it necessary for the performance of the duties required by this act, and have funds at their disposal to pay the salaries or compensation for services rendered, appoint the following officers, viz.: [Officers to be appointed-Term and removal.] A secretary, an assistant secretary, an attorney, a chief engineer, a chief wharfinger, and such assistant wharfingers and collectors as they may deem necessary. Such officers shall hold for a term of four years from the date of their respective appointments, but may be removed by the board at any time when their respective services are not required, or after due investigation for causes affecting their official character or competency. The order for such removal, stating distinctly the causes therefor, must be entered on their minutes. In case of a vacancy in such offices, which the board may deem necessary to be filled, the board must fill the same by appointment for four years, subject to removal as hereinbefore provided in this section. During the time of any vacancy in an office to be filled by appointment of the board, the members of the board appointed by the governor shall perform any and all duties of such offices necessary to be done, as far as they are able to do so, and they may employ and pay for, out of the funds at their disposal, temporary assistance in the performance of such duties. [Official map of harbor.] And it shall be the duty of said commissioners to cause to be made, without unnecessary delay, a full and complete map of the entire water-front of the harbor of San Diego, which map, after being approved and adopted by said board, shall be the official map of said harbor, and a certified copy shall thereupon be filed in the office of the county recorder of San Diego County. History: Enacted March 18, 1889, Stats. and Amdts. 1889, pp. 306-307. 132 C. 217, 219, 64 P. 299 (cited with §§ 2575-2608). SECRETARY. The § 2577. DUTIES OF EMPLOYEES. secretary must keep the office of the board open every day, legal holidays excepted, from nine o'clock a. m. till four o'clock p. m. He shall safely keep and be responsible for all moneys paid into the office, and for all the books and papers of the board, attend their meetings, and keep a perfect record of their proceedings, with the names of the commissioners |