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newspaper published in the county wherein the said franchise or privilege is to be exercised, then the publication must be made in a daily newspaper published in an adjoining county. Such advertisements must continue every day for at least ten days, and must commence at least thirty days before any further action of the board of supervisors or other governing or legislative body. The advertisement must state the character of the franchise or privilege proposed to be granted, the term of its continuance, and, if a street railroad, the route to be traversed, and the day on which tenders will be received for the same. On the day so stated, the board or other governing or legislative body herein mentioned, must meet in open session and read the tenders. The franchise or privileges must then be awarded to the highest bidder; provided, however, that nothing in this section shall affect a special privilege granted for a shorter term than two years. (Amendment approved March 19, 1897, Stats. p. 176]
SEC. 2. Any member of any board of supervisors, common council, or other governing or legislative body of any county, city and county, city, town, or district of this state, who, by his vote, violates or attempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor and of malfeasance in office, and be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction.
SEC. 3. This act shall take effect immediately.
The principal changes effected in the law by this amendment of section 1, are, (1st) the omissions of cities, towns, etc., and (2nd) the insertion of the exception of renewals of franchises or privileges for wharves, chutes or piers.
Section 492 was amended and 493 added to Civil Code, statutes 1895, page 242, [Palm Edition] requiring the consent of property
ners on the line of any proposed elevated
road, and made said provision applicable to corporations "heretofore, and hereafter incorporated."
By reason of the words "and relative to granting of franchises,” it was held that the title of the act was sufficiently comprehensive to include franchises to be granted by county boards, and indicative of the intention not to confine the subject matter of the act to "municipalities” or cities.
Thompson Board of Supervisors, 111 Cal. 554. It is also held in the same case, that the original act of 1893 (Stats. p. 288), was not repealed by subdivision 40 of section 25 of the county government act, which went into effect on the following day. And, that the act does not contemplate a sale of franchises for goods or merchandise or privileges or percentage of receipts, but for cash only. The sale must be to “the highest bidder for cash.”'
In People v. Craycroft, 111 Cal. 545, it was held that the act only applied to franchises over or for which there might be competition and did not require a sale of a right of a railroad company to extend its track through the streets of a city en route between its termini, where there could be no bona fide competition, and where the effect of competitive bids might be merely to prevent the road from passing through the city; and that mandamus would lie to compel the city board of trustees to act upon the merits of the petition of a steam railroad to extend its tracks through the city.
INVENTORIES OF PUBLIC
An act to require an inventory of state and county property, and directing that a
record of the same be kept.
[Approved February 9, 1897. Stats. p. 6.] SECTION 1. It shall be the duty of all state officers, boards, and commissions of every kind, having in charge property belonging to the state, to make an inventory thereof within ninety days from and after the passage of this act, and also on or before the thirty-first day of December, eighteen hundred and ninety-eight, and biennially thereafter, of all property purchased with state money, and in their keeping. The report of said inventory shall, under oath, be made to the state board of examiners, and said inventory shall be recorded by said board of examiners in a book prepared for the purpose.
SEC. 2. It shall be the duty of all county officers, including supervisors, superintendents of poor farms, hospitals, orphanages, or almshouses, to make, on or before the first day of July, eighteen hundred and ninety-seven, also on or before the thirty-first day of December, eighteen hundred and ninety-eight, and annually thereafter, an inventory showing in detail all county property in their possession or under their charge. In case of county officers and employés, said inventory shall show the sources from which said property was derived, and if possible the cost of each item. Each officer referred to in this section shall, under oath, file his respective inventory with the county clerk at the times and dates mentioned in this section, and all said inventories shall be kept of record by the county clerk.
SEC. 3. All outgoing officers, boards, commissions, and employés mentioned in sections one and two of this act, shall deliver to their successors in office an inventory of all state or county property in their possession, and the incoming officers shall receipt for the same.
SEC. 4. This act shall take effect immediately.
WAGES ON PUBLIC WORK.
An act fixing the minimum rate of compensa
tion for labor on public work.
[Approved March 9, 1897. Stats. p. 90.]
SECTION 1. The minimum compensation to be paid for labor upon all work performed under the direction, control, or by the authority of any officer of this state acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this state, or of any officer thereof acting as such, is hereby fixed at two (2) dollars per day; and a stipulation to that effect must be made a part of all contracts to which the state, or any municipal corporation therein, is a party; provided, however, that this act shall not apply to persons employed regularly in any of the public instutions of the state, or any city, city and county, or county. ŠEC. 2. This act shall take effect immediately.
Eight hours--a legal working day. Constitution, article XX, section 17.
An act to secure the payment of the claims of
materialmen, mechanics, or laborers, employed by contractors upon state, municipal, or other public work.
[Approved March 27, 1897. Stats. p. 201.] SECTION 1. Every contractor, person, company, or corporation, to whom is awarded a contract for the execution or performance of any building, excavating, or other mechanical work, for this state, or by any county, city and county, city, town, or district therein, shall, before entering upon the performance of such work, file with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom such contract was awarded, a good and sufficient bond, to be approved by such contracting body, officers, or board, in a sum not less than onehalf of the total amount payable by the terms of the contract; such bond shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, company, or corporation, fails to pay for any materials or supplies furnished for the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an amount not exceeding the sum specified in the bond; provided, that such claims shall be filed as hereafter required'.
SEC. 2. Any materialman, person, company, or corporation, furnishing materials or supplies used in the performance of the work contracted to be executed or performed, or any person who performed work or labor upon the same, or any person who