cities and counties of the state, and to amend the existing acts in relation thereto. [Approved March 14, 1889. Stats. 1889, p. 143.]

Amended 1893, 79, 343.

ACT 2880.

Authorizing the commissioners of any public park in this state, and especially the park commissioners of Golden Gate Park, in San Francisco, to accept donations and bequests in aid of the improvement and embellishment of their respective parks, and to invest the funds derived therefrom. [Approved March 9, 1885. 1885, p. 38.]

ACT 2881.

Stats.

To authorize cities and towns owning public parks outside of their limits, to lay out, construct, and maintain roads, streets, and boulevards from the boundaries of such cities or towns to, into, and through such parks, and to acquire lands for that purpose. [Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 45.]

ACT 2882.

To extend the jurisdiction and authority of cities and towns over parks owned by them situated beyond the limits of such cities and towns, and over streets and avenues leading to the same. [Became a law, under constitutional provision, without the governor's approval, March 1, 1897. Stats. 1897, p. 47.]

ACT 2883.

Giving the consent of the state of California to the reser. vation of certain lands by congress. Approved March

14, 1891. Stats. 1891, p. 107.]

This act granted the consent of the state to forest reservations.

TITLE 387.

PUBLIC WORKS.

Hours of labor on: See title Hours of Labor, ante.

ACT 2888.

Creating a commissioner of public works, defining his duties and powers, prescribing his compensation and making an appropriation. [Stats. 1893, p. 345.] Amended 1897, 26. Repealed 1899, 157; 1900, 20.

Cal.Rep.Cit. 125, 414.

ACT 2889.

Creating a commissioner of public works, defining his duties and powers and fixing his compensation. [Stats. 1899, p. 157.]

Superseded by 1900, 20.

ACT 2890.

An act creating a commissioner of public works, defining his duties and powers, and fixing his compensation.

[Approved February 9, 1900. Stats. 1900, p. 20.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. There is hereby created a commissioner of public works, to be appointed by the governor. He shall hold office for the term of four years, or until his successor shall be appointed and qualified. In case of vacancy occasioned by death, resignation or otherwise, the governor shall appoint his successor; provided, that any appointment made to fill a vacancy shall be only for the unexpired portion of the term for which the original appointment was made. Said officer, before entering upon the discharge of his duty, shall take and subscribe the official oath, and execute an official bond in the sum of six thousand dollars, to be approved by the governor, and filed and recorded in the office of the secretary of state as in the case of bonds of other state officials. Such commissioner shall receive a salary of three thousand (3,000) dollars per annum, payable in monthly installments, and shall be allowed his actual traveling and other necessary incidental expenses incurred while in the performance of official duties.

Sec. 2. The commissioner shall perform such duties in the examination of lands subject to inundation and overflow by flood-waters, and of the waters causing and making such inundation and overflow, and in the preparation of plans and estimates of cost for works to regulate and control such flood-waters, as he may be directed to perform from time to time by the governor; and such other duties in the examination, supervision, and management of public works, constructed or carried on by the state, or under state authority, or under any law of the state, as he may be directed to from time to time by law. He shall, subject to the approval of the auditing board, have the power to employ such engineers and assistants, as he may deem

necessary to carry out the provisions of this act, or to per form any duties imposed by any law upon said commis. sioner, and to fix their compensation subject to the ap proval of the board.

Sec. 3. An act entitled "An act creating a commissioner of public works, defining his powers and duties, prescribing his compensation, and making appropriation," approved March twenty-fourth, eighteen hundred and ninety-three; an act to amend an act entitled 'An act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation,' approved March twenty-fourth, eighteen hundred and ninety-three, relating to the office of commissioner of public works," approved February twenty-fifth, eighteen hundred and ninety-seven, and all other acts and parts of acts in conflict with the provisions of this act, are hereby expressly repealed.

Sec. 4. This act shall take effect and be in force from and after its passage.

ACT 2891.

An act providing for the appointment of an auditing board to the commissioner of public works, authorizing and directing him and them to perform certain duties relating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rectify water channels, to erect works necessary and incident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this act.

[Approved March 17, 1897. Stats. 1897, p. 171.] Amended 1900, 21; 1901, 91.

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. Within thirty days after the passage of this act, the governor shall appoint five persons who shall be citizens of the state of California, and not all members of the same political party, and who, after the first appointment, shall hold office for four years after their appointment, who shall be known as the auditing board to the commissioner of public works. They must, within fifteen

days after receiving notice of their appointment, meet in the city of Sacramento and organize by selecting from their number a president and secretary. But of those ap pointed under this act, the term of office of two shall be for two years, and the term of the others for four years, and the governor shall designate, in their commissions, their respective terms. Thereafter all shall be appointed for four years. All vacancies shall be filled in like manner by appointment from the governor, but the person appointed to fill a vacancy shall fill only the unexpired term. No member thereof shall recover any compensation whatever, but they may be paid their reasonable traveling expenses in attending meetings, to be audited by the board of examiners. They shall meet at Sacramento City once in two months, and oftener if required.

Sec. 2. For the purposes of this act, the report of the commissioner of public works, dated November sixteenth, eighteen hundred and ninety-six, and accompanying reports and plans of engineers, shall be adopted and made the basis of operations, and the plans therein specified for promoting drainage and improving and rectifying river channels shall, as far as practicable, be carried out and finished as herein provided. In addition to the work outlined and described in said report, the said commissioner of public works and board of auditors are hereby authorized and empowered to perform other further and additional work upon the Sacramento River, the San Joaquin, Feather, Yuba, Bear, Mokelumne, and Tuolumne rivers, and Petaluma, Alviso, and Napa creeks, and upon all tide waters entering and flowing into the bays of San Pablo, Suisun, and San Francisco, and also upon the navigable creeks, rivers, and sloughs of the state of California, of a character and nature similar to that outlined and described in said report, for the purpose of promoting drainage, rectifying channels, and improving navigation [Amendment became a law under constitutional provision without governor's approval, March 2, 1901. Stats. 1901, p. 91. In effect immediately.]

Sec. 3. The commissioner of public works shall have charge and superintendence of all work authorized by this act, and shall employ and direct all employees, but no expenditure shall be made without the sanction of the auditing board. The commissioner of public works shall

determine the character and extent of the work to be done in accordance with the said report, and shall have full power to carry on and complete the same.

Sec. 4. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of three hundred thousand dollars, to be paid to the said auditing board, and to be expended for the purposes hereinafter specified, to wit: for the purchase, construction, and operation of one or more dredgers, or machines, and appliances to improve and rectify the river channels of the state of California, so as to promote drainage and to protect towns and cities of the state of California from inundation, as outlined and described in the said report of commissioner of public works; to erect, build, and construct embankments, and other works, where necessary, for carrying out the purposes of this act; to employ persons in and about said work, and to purchase such supplies as may be necessary for the carrying on of the same, and for doing all other work described in said report, to improve and rectify river channels so as to promote drainage.

Sec. 5. The commissioner of public works shall have power to employ such persons in and about said work as the auditing board may determine to be necessary, at a compensation to be fixed by the auditing board. All contracts for the purchase of material and supplies, or for such work as can be done by contract, where the expense thereof shall exceed the sum of five hundred dollars, shall be awarded to the lowest bidder, at a public letting thereof, and after a notice to bidders to be published in one newspaper published in the city of Sacramento, one in Stockton, and one in San Francisco, for at least one week; provided, that at least two weeks shall intervene between the last publication of said notice, and the time for opening bids; provided, the said bid is a fair and reasonable one. All bids required by this act shall be accompanied by such security as the auditing board may require, conditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a penal bond, with good and sufficient sureties, in such sum as the auditing board may require, and to their satisfaction, that he will faithfully perform his contract. If all the bids made at such letting are deemed