diture of public moneys for the purposes thereof." Both of said acts will be found in this volume, post.

See subdivision 4 and notes.

Road fund tax.

38. To levy a special road fund tax, not to exceed two (2) mills on the one dollar of assessed valuation, on all the property in such counties, outside of any incorporated city or town. Such tax shall

be in addition to all taxes otherwise provided for, and the fund so created shall be expended for the construction and maintenance of the main public roads or county highways in the several road districts, in proportion to the amount collected from such districts.

Compare with sections 2651, 2653, 2654, 2655 of the Political Code, and see the new road law, in this volume, post.

Tree planting.

39. To encourage under such regulations as they may adopt, the planting and preservation of shade and ornamental trees on the public roads and highways, and on and about the public grounds and buildings of the county, and pay to persons planting and cultivating the same, for every living tree thus planted at the age of four years, a sum not exceeding one dollar.

See Political Code, section 4080. And owners may plant trees along highway, section 2633 Political Code, amended 1893. Supervision, see section 23, subdivision 2 of district road law of 1897, in this volume, post.

or

40. To do and perform all other acts and things, required by law not in this act enumerated, which may be necessary to the full discharge of the duties of the legislative authority of the county government.

There are many duties required by law, of supervisors, not enumerated in this act, as for instance:

They have power to bind out minors, who become a charge upon the county, Civil Code section 268. They must divide the county into election precincts, Political Code section 1127; and must appoint boards of election, Political Code section 1131; must canvass election returns, Political Code section 1278; must furnish assessor with maps and plats showing private lands, etc., Political Code section 3658; must levy county school tax, Political Code section 1818, and special school tax, section 1837; must levy general tax, section 3714; and road poll tax, section 2652; and equalize assessments, section 3672; supervisors are respectively road commissioners, section 2641; must select lists for jurors, C. C. P. 204; may form swamp and reclamation districts, Political Code section 3446 [Stats. 1897]; and irrigation districts.

See Wright act [Stats. 1887, p. 29], and subsequent amendments, and act of March 31, 1897, in this volume, post.

Candidates for supervisors and other officers are prohibited from giving any pledge to vote for or against any particular bill or specific measure. See an act to protect candidates, etc., approved March 2, 1897, in this volume, post.

See "An act concerning bridges across navigable streams," approved February 27, 1897, in this volume, post.

See act approved March 27, 1897, relating to granting of franchises for construction of roads for bicycles and other horseless vehicles, in this volume, post.

See duties of treasurer with reference to public school teachers' annuity fund, in act approved March 29, 1897, in this volume, post.

County officers, including supervisors, are required to make and keep an inventory of county property. See act approved February 9, 1897, in this volume, post.

Supervisors are authorized to appoint commissioners of horticulture. See act of March 31, 1897, in this volume, post.

Duties of supervisors with reference to claims of laborers and material men for labor, etc., on public buildings. Act of March 27, 1897, in this volume, post.

As to granting said road and other franchises see act of March 19, 1897, amending the act of March 23, 1893, in this volume, post.

Duties of supervisors in formation of districts for drainage of agricultural and other lands. Act of March 31, 1897, in this volume, post.

See an act fixing the minimum rate of wages on public work. Act of March 9, 1897, in this volume, post.

Supervisors must appropriate money for holding primary elections, and in some instances act in place of election commissioners. See sections 30, 31 of act of March 13, 1897, in this volume, post.

To protect and preserve river banks.

41. To provide by ordinance for the organization and government of districts, to protect and preserve the banks of rivers and streams and lands lying contiguous thereto from injury by overflow or the washing thereof, and to provide for the improvements of said rivers and streams, and prevent the obstruction thereof, and to provide for the assess ment, levy, and collections within such districts of a tax therefor.

The origin of this subdivision is doubtless section 4085, Political Code, and section 54 of the county government acts of 1883, 1891, 1893. Prior to the present, however, the special authority to "provide by ordinance for the organization and government of districts," was not included, nor the provision for taxation by districts. The act of March 10, 1891, [Stats. p. 30] concerning levee districts and the confining innavigable running streams was repealed by act of 1893. [Stats. p. 111.] Section 4085 Political Code was repealed by the

same act.

An act entitled "An act to amend an act to provide for the formation of protection districts in the various counties of this state, for the improvement and rectification of channels. of innavigable streams and water courses, etc., approved March 27, 1895, enlarging the discretion of boards of supervisors," passed by the legislature of 1896-7 was approved March 27, 1897, and took effect immediately. It will be found in this volume, post.

Notes to section 25.

SUBDIVISION 1: A board of county supervisors, under its power to supervise the official conduct of all county officers may direct prosecutions for delinquencies, may employ an expert to examine the books and accounts of county officers. Harris v. Gibbons, 114 Cal. 420.

It must be presumed that the legislature intended the county government act of 1893 to comply with the constitutional requirements, to provide for the election of county officers by a uniform law, applicable to all the counties of the state, and that the act should be operative throughout the state. Hale v. McGetti

gan, 114 Cal. 120.

SUBDIVISION 4: While this act was pending in the legislature there was also pending another act commonly referred to as the "Clark road law," which was designed to vest the control of county road matters almost exclusively in the hands of road district trustees. Both acts were passed and both received executive approval on the 1st day of April. It is believed that the proviso, "unless otherwise provided by law," was inserted in subdivisions 4 and 37 of section 25 of this act in view of the probability of the passage and approval of the so-called Clark road law, and that it was the intention of the legislature to take from the supervisors and vest in road district. trustees under the Clark act, the control of county roads and highways. The Clark act is contained elsewhere in this volume.