COLLEGE OF MINES.

ESTABLISHMENT AND MAINTENANCE.

COLLEGE OF AGRICULTURE, MINING, ETC.

LAWS 1865–66, P. 504; MAR. 31, 1866. (GENERAL LAWS 1864–1871, SEC. 7458–59–66–70.)

AN ACT to establish an agricultural, mining, and mechanical arts college.

The People, etc.

SEC. 1. A college is hereby established in accordance with section 2 of article 9 of the constitution of this State, and to carry out in good faith the provisions of an act of Congress, passed July 2, 1862, granting to the State lands for maintaining an agricultural and mechanical arts college, which shall be known under the name and style of "The Agricultural, Mining, and Mechanical Arts College." The design of the institution in fulfillment of the injunction of the constitution, is to afford thorough instruction in agriculture, mining, and the natural sciences connected therewith. To effect that object most completely, the institution shall combine physical with intellectual education, and shall be a high seminary of learning, in which the graduate of the common schools can commence, pursue, and finish a course of study terminating in theoretic and practical instruction in those sciences which bear directly upon agriculture, mining, and the mechanical arts.

SEC. 2. That a board of directors is hereby established, which shall be known under the name and style of the State Board of Directors of the Agricultural, Mining, and Mechanical Arts College. It shall consist of the governor of the State, the president of the State agricultural society, the president of the mechanics' institute of the city and county of San Francisco, and five other members. The five members of the board of directors shall be elected by the legislature in joint convention assembled, three of whom shall be residents of the mining counties of this State, the other two from agricultural counties of this State, who shall hold their office for the term of two years and until their successors are duly elected and qualified. They shall receive no compensation for their services, but shall be paid their traveling and other necessary expenses while employed on the business of the board.

SEC. 9. The secretary of the board shall reside and keep his office at or near the said college. It shall be his duty to keep a record of the transactions of the State board of directors of said college, which shall be open at all times to the inspection of any citizen of this State. He shall also have the custody of all books, papers, documents, and other property which may be deposited in his office; also keep and file all reports which may be made from time to time by county, State, and district agricultural societies, horticultural, mechanical, and mining societies; and of all correspondence from other persons and societies appertaining to the business of husbandry, mechanics, and mining; address circulars to societies, and to the best practical farmers, mechanics, and miners in this State and elsewhere, with the view of eliciting information upon the latest and best modes of culture of those products, vegetables, trees, etc., adapted to the soil and climate of our State, and also on all subjects connected with field culture, horticulture, stock raising, and the dairy; he shall also correspond with established schools of mining and metallurgy in Europe, and obtain information respecting the improvements of mining machinery adapted

to California, and publish from time to time such information as will be of practical benefit to the mining interests and the working of all ores and metals.

SEC. 13. The course of instruction shall embrace the English language and literature, mathematics, civil, military, and mining engineering, agricultural chemistry, mineralogy, metallurgy,, animal and vegetable anatomy and physiology, the veterinary art, etymology, geology, technology, political, rural, and household economy, horticulture, moral and natural philosophy, history, bookkeeping, and especially the application of science and the mechanical arts to practical agriculture in the field and mining.

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COLLEGE OF MINES IN STATE UNIVERSITY.

LAWS CAL. 1867-68, P. 248; MAR. 23, 1868. (GENERAL LAWS 1864-1871, SEC. 9504-5-9.) AN ACT to create and organize the University of California.

The People, etc.

SEC. 1. A State university is hereby created, pursuant to the requirements of section 4, article 9, of the constitution of the State of California, and in order to devote to the largest purposes of education the benefaction made to the State of California under and by the provisions of an act of Congress passed July 2, 1862, entitled “An act donating land to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts." The said university shall be called the University of California and shall be located upon the grounds heretofore donated to the State of California by the president and board of trustees of the College of California. The said university shall be under the charge and control of a board of directors, to be known and styled "The Regents of the University of California." The university shall have for its design to provide instruction and complete education in all the departments of science, literature, art, industrial, and professional pursuits, and general education, and also special courses of instruction for the professions of agriculture, the mechanic arts, mining

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SEC. 2. Each full course of instruction shall consist of its appropriate studies, and shall continue for at least four years, and the faculty, instructors, and body of students in each course shall constitute a college, to be designated by its appropriate name. For this purpose there shall be organized, as soon as the means appropriated therefor shall permit: First. The following colleges of arts: A State College of

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SEC. 6. The college of mines and the college of civil engineering shall be next established, and such other colleges of arts as the board of regents may be able to establish with the means in their possession or under their control; and in order to fulfil the requirements of the said act of Congress, all able-bodied male students of the university, whether pursuing full or partial courses in any college, or as students at large, shall receive instruction and discipline in military tactics in such manner and to such extent as the regents shall prescribe, the requisite arms for which shall be furnished by the State.

1385. The University of California, located in Alameda County, has for its object general instruction and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce.

1386. There must be maintained in the university:

3. Colleges of arts, as follows: Of agriculture, mines, and civil engineering.

AMENDMENTS.

SEC. 1386, POLITICAL CODE, AMENDMENTS, 1873–74; MAR. 30, 1874.

2. A college or colleges of science, including agriculture, mechanics, mining, engineering, chemistry, and such other specialities as the board of regents may determine.

APPROPRIATION.

LAWS 1883, P. 72; MAR. 9, 1883.

AN ACT making appropriations for the support of the government of the State of California for the thirtyfifth and thirty-sixth fiscal years.

The People, etc.

SEC. 1. The following sums are hereby appropriated out of any money in the State treasury not otherwise appropriated, for the objects hereinafter expressed, for the thirty-fifth and thirty-sixth fiscal years:

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For the mechanical and mining arts college at the State university, to continue the operation thereof and advance the instruction therein, $18,000, of which amount $10,000 shall be expended for the mechanical and $8,000 for the mining art college thereof.

LAWS 1885, P. 80; MAR. 10, 1885.

AN ACT making appropriations for the support of the government of the State of California for the thirtyseventh and thirty-eighth fiscal years.

The People, etc.

SEC. 1. The following sums of money are hereby appropriated out of any money in the State treasury not otherwise appropriated, for the objects hereinafter expressed, and for the support of the government of the State of California, for the thirty-seventh and thirty-eighth fiscal years:

For use of college of mines, at University of California, $10,000.

CONSERVATION COMMISSION.

LAWS 1911, P. 822; APR. 8, 1911.

AN ACT creating and establishing a commission for investigating and gathering data and information concerning the subjects of forestry, water, the use of water, water power, electricity, electrical and other power, mines and mining, mineral and other lands, dredging, reclamation and irrigation, and for revising, systematizing, and reforming the laws of this State upon, concerning, regarding, or appertaining to these said subjects; providing for the appointment of said commission to be known as the "Conservation Commission of the State of California"; prescribing the powers and duties of said commission and its members and providing for the expenses of said commission and appropriating money therefor. The People, etc.

SEC. 1. A commission consisting of three persons which shall be known and designated as the "Conservation Commission of the State of California," is hereby created and established for the purpose of investigating, etc. (Same as in title).

SEC. 2. Said commission shall be appointed by the governor, and shall enter upon the performance of its duties immediately. The members of said commission shall hold office at the pleasure of the governor. In case of a vacancy in said commission, such vacancy shall be filled by appointment by the governor.

SEC. 3. It shall be the duty of said commission to investigate and examine the laws of the United States, of foreign nations, of the States of the Union, and of this State, and the reports and recommendations of persons, officials, commissions, societies, and associations upon the subjects of forestry, water, the use of water, water power, electricity, electrical and other power, mines and mining, mineral and other lands, dredging, reclamation, and irrigation, and to prepare and recommend to the legislature laws, statutes, and constitutional amendments revising, systematizing, and reforming the laws of this State upon forestry, water, the use of water, water power, electricity, electrical, and other power, mines and mining, mineral and other lands, dredging, reclamation, and irrigation. The said commission is hereby authorized and empowered to do and perform the acts and things required of it by this act, and to adopt all rules and regulations necessary to carry out the provisions of this act.

EMINENT DOMAIN.

EXERCISE OF RIGHT.

SEC. 1238, CODE CIVIL PROCEDURE. AMENDMENTS 1873–74, P. 353; JULY 1, 1874. LAWS 1891, P. 48; MARCH 10, 1891. LAWS 1893, 146, P. 147; MAR. 11, 1893. LAWS 1905, 637, P. 638; MAR. 21, 1905. LAWS 1911, P. 432; MAR. 22, 1911. LAWS 1913, P. 544; JUNE 10, 1913. LAWS 1915, P. 38; APR. 10, 1915. LAWS 1917, P. 59; APR. 5, 1917.

SEC. 1238. Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses;

4. * * * Canals, ditches, dams, pounding, flumes, aqueducts, and pipes for irrigation, public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable.

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5. Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines.

6. By-roads leading from highways to residences, farms, mines, mills, factories, and buildings for operating machinery, or necessary to reach any property used for public purposes.

12. Canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for the supplying of mines, quarries, railroads, tramways, mills, and factories with electrical power, and also for supplying electricity to light or heat mines, quarries, mills, factories, incorporated cities, cities and counties, villages, or towns, together with lands, buildings, and all other improvements in or upon which to erect, install, place, use, or operate machinery for the purpose of generating and transmitting electricity for any of the purposes or uses above set forth. NOTE. The amendatory acts of July 1, 1874 (amendments 1873-74, p. 353), of March 10, 1891 (Laws 1891, p. 48), of March 11, 1893 (Laws 1893, p. 146), of February 28, 1901 (Laws 1901, p. 72), and of March 21, 1905 (Laws 1905, p. 637), made no change in the original section as applied to mines and mining interests, except paragraph 12 as shown below.

AMENDMENTS TO PARAGRAPH 12.

SEC. 1238, CODE CIVIL PROCEDURE. LAWS 1907, P. 742; MAR. 20, 1907. LAWS 1911, P. 432; MAR. 22, 1911. LAWS 1915, P. 38; APR. 10, 1915. LAWS 1917, P. 59; APR. 5, 1917.

12. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes, and outlets natural or otherwise (from sources other than a navigable lake) for supplying, storing, and discharging water for the operation of machinery for the purpose of generating and transmitting electricity for the supply of mines, quarries, railroads, tramways, mills, and factories with electric power; and also for the applying (supplying) of electricity to light or heat mines, quarries, mills, factories, incorporated cities and counties, villages, or towns, and also for furnishing electricity for lighting, heating, or