have been made. The matter is now (1913) being investigated by the state and national authorities looking toward an adjustment. The amount of school land still belonging to the state cannot be determined until this adjustment has been made; but the state conservation commission, which recently investigated the matter, places it at something over one million acres.

All tide lands became the property of the state by common law upon its admission to the Union. All swamp and overflowed lands, - except mineral lands, lands reserved for naval and military purposes, and lands included in Indian reservations, towns, and Mexican or Spanish grants,—became the property of the state by virtue of an act of Congress passed in 1880. The tide and swamp lands are sold by the surveyor-general in tracts not to exceed 640 acres to any one person.1

138. The Attorney-General.2 The office of the attorney-general is in the capitol. His most important duties are as follows:

1. To "have charge, as attorney, of all legal matters in which the state is in any wise interested, except the business of the regents of the University of California, and of the state harbor commissioners, and such other boards or officers as are now by law authorized to employ attorneys." 2. To see that all judgments of the courts in favor of the state are executed.

3. To "exercise supervisory powers over district attorneys in all matters pertaining to the duties of their offices, and from time to time to require of them reports as to the condition of the public business intrusted to their charge." He may at any time go to any county in the state to assist the district attorney in the discharge of his duties.

4. To give legal advice, without fee, on request, to the legislature, to any state officer or board, or to any district

1 See section 3, article XV of the constitution.

2 Political Code, § 470 seq

attorney, on any question of law relating to the public

service.

5. To proceed in the courts against insolvent insurance companies, and building and loan associations, in order that the interests of creditors may be protected.

6. To perform all other duties required by law, and to present a biennial report to the governor giving information as to his official acts.

139. Salaries and Office Help. -The salary of every state officer is established by the constitution or by law; and the law determines the number of deputies, stenographers, and other assistants that each officer or board may employ and establishes their salaries. The annual salaries of the officers whose duties are discussed in this chapter are as follows:

1. What are the executive, legislative, and judicial powers of the governor ?

2. What is the difference between the militia and the national guard? What power does the governor have over the national guard? The President? For what three reasons may the national guard be called into active service?

3. Is there any legal limit to the taxing power of the state?

4. Under what circumstances may a tax be collected on general property for the support of the state government?

5. By what means does the state board of equalization keep track of the various corporations with which it deals? What powers other than that of computing taxes does it possess?

6. What are the respective duties of the controller and the treasurer in the matter of collecting the state tax?

7. What are the official relations between the controller and the state board of control?

CHAPTER XIII

THE STATE EXECUTIVE - APPOINTIVE OFFICERS AND BOARDS

NOTE. - The adjutant general and the board of control have been considered in the preceding chapter, because of their close relation to elective officers. In this chapter we shall consider the most important of the remaining appointive executive officers and boards. The treatment must of necessity be brief, and persons wishing more detailed information are referred to the Political Code.1

140. The Railroad Commission.2 - A railroad is a private corporation operated for profit. To pay as large dividends as possible on its capital stock is the principal aim of its officers and managers. But in the services that it renders every railroad meets an urgent public want. The public is, therefore, vitally interested in the manner in which it is operated and in the rates that it charges. For many years the railroads of our country were permitted to establish their own freight and passenger rates, and they generally charged "all that the traffic would bear." Furthermore, they formed the habit of discriminating between different places, and between different corporations and individuals. Thus it was quite within their power to determine whether any city should prosper or not; and to favor

1 Any edition of the Political Code will do, provided the code amendments and statutes of every session of the legislature since its publication are also taken into account.

2 State constitution, article XII, section 22; see also Statutes of 1911, Extra Session, page 18 seq.

particular corporations and individuals whose business. depended upon the transportation of goods, to such an extent as to enable them to drive their competitors out of business. Any city, corporation, or individual unaided by the government found it impossible to obtain fair treatment.

Shortly after the Civil War, there began to be a widespread demand throughout the country for the regulation of railroads by the national and state governments. To this end laws were passed by Congress and the various state legislatures. To enforce these laws, Congress created the interstate commerce commission, and many of the states established state railroad commissions. Our state constitution of 1879 provided for a commission of three members. The state was divided into three districts, each of which elected one member. For many years the commission exercised no real control over the railroads of the state. This was due to several reasons: (1) The method of selecting the members of the commission was wrong. Men to fill positions requiring expert knowledge cannot be selected by the mass of voters. (2) Several honest attempts to control the railroads made by the commission early in its history were promptly checked by injunctions from the federal courts. Discouragement and apathy followed. (3) The railroads have exercised a potent influence in California politics since the establishment of the commission, and this influence has naturally been exerted toward rendering the commission ineffective.

The legislature of 1909 the same legislature that passed the direct primary law — raised the salary of each railroad commissioner from $4000 to $6000 a year, and increased the powers and duties of the commission. But the legislature of 1911 determined to remodel the commission completely. A constitutional amendment, which has

1 The members of this legislature were elected along with Governor Johnson in November, 1910. This was the first election at which voters were called upon to choose between candidates who had been nominated, not by party conventions, but by the voters of the various parties, under the direct primary law of 1909. The result was a revolution in California politics. It now seems as if bossism were