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WIDTH OF WAGON TIRES.

An act to regulate the width of tires of wagons to be used on the public highways of

the state of California.

[Approved March 20, 1897. Stats. p. 177.)

SECTION 1. The width of tires for wheels upon wagons or other vehicles to be used upon public highways of the state of California, shall be, for the following styles of wagons, as follows: Two and three-fourths inch steel or thimble-skein axle, one and seven eighths inoh tubular steel or iron axle, not less than three-inch tire; one and one-half inch steel or iron axle, two and one-eighth inch tubular or iron axle, not less than three and one-half inch tire; three-inch steel or thimble-skein, one and fiveeighths inch steel or iron axle, two and threeeighths inch tubular steel or iron axle, not less than four inch tire; three and one-fourth inch steel or thimble-skein, one and three-fourths or one and seven-eighths inch steel or iron axle, two and fiveeighths inch tubular steel or iron axle, not less than four and one-half inch tire; three and one-half inch steel or thimble-skein, two inch steel or iron axle, two and seven-eighths inch tubular steel or iron axle, not less than five inch tire; three and threefourths inch steel or thimble-skein, two and onefourth steel or iron axle, three or three and oneeighth inch tubular steel or iron axle, not less than five and one-half inch tire; four inch and larger, steel or thimble-skein, two and one-half inch, and larger, steel or iron axle, three and one-fourth inch, and larger, tubular steel or iron axle, not less than six inch tire. Other styles of axle shall have tires of same width as those of equal carrying capacity above specified. All intermediate sizes shall have tires of the same width as the next larger size above specified.

SEC. 2. Every person who sells, or purchases, or uses upon any public highway of the state of California any wagon or other vehicle, the wheels of which wagon or vehicle has tires of a less width than as specified for such kind of wagon in section one of this act, shall be guilty of a misdemeanor.

SEC. 3. Every person who brings into the state of California, or who, in said state, offers to sell or sells any such wagon or vehicle which has not tires of the width prescribed by section one of thiş act, shall be guilty of a misdemeanor.

SEC. 4. Any person found guilty of a violation of any of the provisions of this act shall be fined in the penal sum of not less than twenty-five ($25) nor more than five hundred dollars ($500), or to be imprisoned in the county jail not less than twentyfive (25) days nor more than six months.

SEC. 5. This act shall take effect and be in force after January first, nineteen hundred.

It would appear indispensible that any regulations concerning the width, etc., of wagon tires should have a uniform operation throughout the state. A “awful” wagon in county or section, should be lawful in all portions of the state. Regulations by boards of supervisors in the several counties as provided is subdivision 34 of section 25 of the county government act could only be expected to be mischievious and vexatious. This is clearly a subject falling within the scope of the thirtythird paragraph of section 25, article IV of the constitution. If, however, it be conceded that the provision of the county government act is valid, it would seem to supersede this act under the recent ruling of the supreme court in Davis v. Whidden, where it was held

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that the so-called “Clark road law” was superseded by the county government act. If we attempt to consider both acts valid then we have to assume that supervisors of the several counties may make divers regulations as to all vehicles not described in this act, and a light wagon or buggy might have a tire which would be lawful in one county and prohibited in the county adjoining.

BICYCLE PATHS.

An act relating to the granting by counties and

municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles.

[Approved March 27, 1897.) SECTION 1. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city and county, city, or town, for the use of bicycles, tricycles, motor-cycles, and other like horseless vehicles, propelled by the rider, for a term not exceeding fifty years; prorided, that in incorporated cities no franchise shall be granted for the purpose herein expressed unless the consent in writing of the owners of a majority of the frontage upon the road or street along which said path or road is sought to be constructed, be first had and obtained and filed with such legislative or governing body SEC. 2. This act shall take effect immediately.

If it was intended by this act to grant franchises for collecting toll on bicycle and other tracks, that intention should have been expressed. It is difficult to understand what is to be availed of by the act. Section 2643 of the Political Code as amended in 1897 [Stats. pp. 248, 250], authorizes supervisors to set apart on any public highway, a strip of land not exceeding six feet in width and mark and designate the same for the use of pedestrians and riders of vehicles propelled solely by the power of the rider,

Subdivisions 4 and 33, 34 of section 25 of the county government act are broad enough perhaps to authorize the construction of bicycle paths on which tolls might be collected, yet it does not seem clear that the collection of tolls, or any revenue for repairs, or maintenance is contemplated in any of those provisions.

“Motor cycles” usually convey the idea of some other power of propulsion than that of the rider, and the phraseology of the above act "motor cycles, and other like horseless vehicles, propelled by the rider,” is somewhat confusing.

It would appear to be a difficult problem to construct and operate a bicycle road and collect tolls thereon, and unless some provision is made for the expense of construction and maintenance, we see no use that can be made of this act. Could not the supervisors grant as much as is here contemplated under the powers contained in the county government act?

SALE OF FRANCHISES.

"An act providing for the sule of railroad and

other franchises in municipalities, and relative to granting of franchises."

[Approved March 23, 1893, Stats. 288.] SECTION 1. Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate railroads along or upon any public street or highway, or to exercise any other privilege whatever hereafter proposed to be granted by the board of supervisors, or other governing or legislative body of any county or district within this state, except renewals of franchises or privileges for wharves, chutes, or piers, in counties outside of the limits of incorporated cities or towns, shall be granted upon the conditions in this act provided and not otherwise. The fact that an application for such franchise or privilege has been made to such board of supervisors or other governing or legislative body, together with a statement that it is proposed to grant the same must first be advertised in one or more daily newspapers in the county or district wherein the said franchise or privilege is to be exercised. If there be no daily newspaper published in the district wherein the said franchise or privilege is to be exercised, then the publication must be made in some other daily newspaper of the county, and if there be no daily

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