Free passes. Railroad companies to keep record of free passes. Penalty for extortion. Penalty for discrimination. Penalty for unlawful issue of passes. Prosecutions for violation. SEC. 3. It shall be unlawful for any such railroad company to grant free passes for travel within this State, except to the following persons: First-Directors, officers, agents, and employés of the company, and their families. Second-Officers and agents and railroad contractors of other railroads or telegraph companies. Third-Destitute persons. Fourth-The members of the Board of Transportation Commissioners of the State of California, their Secretary, attorney, and employés, while traveling in the discharge of their official duties. Fifth-Public messengers, troops, and other persons, who are, under existing laws or any contract of such railroad company with this State, to be transported free of charge. Every such railroad company shall keep a record of all free issued by it, except such as are issued by it to officers, agents, employés, and their families, and of the several classes thereof, and of the number of times each pass shall be used, and shall report the same to the Transportation Commissioners whenever required. passes SEC. 4. If any such railroad company shall be guilty of extortion, as defined in this Act, it shall forfeit and pay to the person or persons aggrieved three times the amount of the damages sustained by him or them, together with the costs of suit, to be recovered in any Court of competent jurisdiction. It shall be the duty of the Board of Transportation Commissioners to prosecute all such suits for the plaintiff. SEC. 5. If any such railroad company shall be guilty of unjust discrimination, as defined in section two of this chapter, it shall forfeit and pay the sum of one thousand dollars for each offense, to be recovered on complaint of the Board of Transportation Commissioners, as in the last section provided. All forfeitures under this section shall be paid into the State treasury for the benefit of the public schools of the State. SEC. 6. Any such railroad company that issues free passes to any person or persons other than those specified in section three of this chapter, or shall permit any person whatever to travel free upon their cars, except upon the exhibition of free passes issued as provided in said section, shall forfeit and pay for each offense the sum of one hundred dollars, to be recovered and paid over, one-half to the State Treasurer, and the other half to the informer, as in the last section provided. SEC. 7. Whenever it shall come to the knowledge of the Board of Transportation Commissioners that the provisions of this Act are violated by any such railroad corporation in this State, it shall be their duty to investigate the charge; and whenever, in their judgment, the facts warrant prosecution, it shall be their duty to immediately cause suits to be commenced and prosecuted against any such corporation which shall have been guilty of such violation. Such suits may be brought in any Court of competent jurisdiction. All such suits shall be prosecuted by the District Attorney Suits, how of the county where such action is brought. brought. tickets. SEC. 8. Any person traveling upon any such railroad in Stop-over this State, desiring to stop over at any station between the point of his departure and destination, shall, upon request, be entitled to receive from the conductor of the train, without further charge thereon, a stop-over ticket, which shall be good for the remainder of his journey, and may be used at any time within six months after it shall have been issued. SEC. 9. The provisions of this Act shall be deemed Act, how applicable to such railroads as herein mentioned, whether applied. operated by corporations, trustees, or owner or owners not incorporated. SEC. 10. This Act shall take effect and be in force from and after its passage. CHAP. DXVI.-An Act recommending to the electors of the State to vote for or against a Convention to revise and change the Constitution of the State. [Approved April 3, 1876.] The People of the State of California, represented in Senate and question. SECTION 1. It is hereby recommended to the electors of Electors to the State, at the first general election for members of the vote on Legislature had after the passage of this Act, to vote for or against calling a Convention to revise and change the Constitution of this State. The ballots used at such election Form of shall contain the words "For the Convention," or the words ballots. "Against the Convention," written or printed thereon; and the Inspector, and the Judges of Election, at each and every poll in the State, shall ascertain and make return of the number of votes cast in favor of a Convention, and the number of votes cast against a Convention as aforesaid, in like manner, and with the same particularity, as other votes are required by law to be counted and returned; and an abstract thereof shall be transmitted by each and every County Clerk of the State to the Secretary of State, in the same manner and at the time that votes for State officers are now by law required to be transmitted. SEC. 2. The Secretary of the State shall prepare and lay before the Senate and Assembly, at the commencement of the next session of the Legislature, a complete abstract of the whole number of votes cast "for" and "against" a Convention. CHAP. DXVII.-[See volume of Amendments to the Codes.] Х Qualifica titioners. CHAP. DXVIII.-An Act to regulate the practice of medicine in the State of California. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Every person practicing medicine in any of tions of prac its departments shall possess the qualifications required by this Act. If a graduate in medicine, he shall present his diploma to the Board of Examiners, herein named, for verification as to its genuineness. If the diploma is found genuine, and if the person named therein be the person claiming and presenting the same, the Board of Examiners shall issue its certificate to that effect, signed by all of the members thereof, and such diploma and certificate shall be conclusive as to the rights of the lawful holder of the same to practice medicine in this State. If not a graduate, the person practicing medicine in this State shall present himself before said Board, and submit himself to such examinations as the said Board shall require, and if the examination shall be satisfactory to the Examiners the said Board shall issue its certificate in accordance with the facts, and the lawful holder of such certificate shall be entitled to all the rights and privileges herein mentioned. Examiners, Powers and SEC. 2. Each State Medical Society incorporated and in active existence on the tenth day of March, eighteen hundred and seventy-six, whose members are required to possess diplomas or licenses from some legally chartered medical institution in good standing, shall appoint, annually, a Board of Examiners, consisting of seven members, who shall hold their office for one year, and until their successors shall be chosen. The Examiners so appointed shall go before a County Judge and make oath that they are regular graduates and licentiates, and that they will faithfully perform the duties of their office. Vacancies occurring in a Board of Examiners shall be filled by the society appointing it, by the selection of alternates or otherwise. SEC. 3. The Board of Examiners shall organize within three months after the passage of this Act. They shall procure a seal, and shall receive, through their Secretary, applications for certificates and examinations. The President of each Board shall have authority to administer oaths, and the Board take testimony in all meetings relating to their duties. They shall issue certificates to all who furnish satisfactory proof of having received diplomas or licenses from legally chartered medical institutions in good standing. They shall prepare two forms of certificates, one for persons in possession of diplomas or licenses, the other for candidates examined by the Board. They shall furnish to the County Clerks of the several counties a list of all persons receiving certificates. In selecting places to hold their meetings, they shall, as far as is reasonable, accommodate applicants residing in different sections of the State, and due notice shall be published of all their meetings. Certificates shall be signed by all the members of the Board granting them, and shall indicate the medical society to which the Examining Board is attached. SEC. 4. Said Board of Examiners shall examine diplomas Same, fees. as to their genuineness, and if the diploma shall be found genuine as represented, the Secretary of the Board of Examiners shall receive a fee of one dollar from each graduate or licentiate, and no further charge shall be made to the applicants; but if it be found to be fraudulent or not lawfully owned by the possessor, the Board shall be entitled to charge and collect twenty dollars of the applicant presenting such diplomas. The verification of the diplomas shall consist in the affidavit of the holder and applicant, that he is the lawful possessor of the same, and that he is the person therein named; such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such officer, if he have a seal. Graduates may present their diplomas and affidavits, as provided in this Act, by letter or by proxy, and the Board of Examiners shall issue its certificate the same as though the owner of the diploma was present. applicants. SEC. 5. All examinations of persons not graduates or Examinalicentiates shall be made directly by the Board, and the cer- tion of tificates given by the Boards shall authorize the possessor to practice medicine and surgery in the State of California; but no examination into the qualifications of persons not holding diplomas or licenses shall be made after the thirtyfirst day of December, eighteen hundred and seventy-six. After that date no certificates shall be granted by them, except to persons presenting diplomas or licenses from legally chartered medical institutions in good standing. recorded. SEC. 6. Every person holding a certificate from a Board Certificates of Examiners shall have it recorded in the office of the to be Clerk of the county in which he resides, and the record shall be indorsed thereon. Any person removing to another county to practice shall procure an indorsement to that effect on the certificate from the County Clerk, and shall record the certificate in like manner in the county to which he removes, and the holder of the certificate shall pay to the County Clerk the usual fees for making the record. SEC. 7. The County Clerk shall keep, in a book provided Clerk to keep for the purpose, a complete list of the certificates recorded register. by him, with the date of issue and the name of the medical society represented by the Board of Examiners issuing them. If the certificate be based on a diploma or license he shall record the name of the medical institution conferring it, and the date when conferred. The register of the County Clerk shall be open to public inspection during business hours. SEC. 8. Candidates for examination shall pay fee of five Fees for exdollars in advance, which shall be returned to them if a certificate be refused. The fees received by the Board shall be paid into the treasury of the medical society by which the Board shall have been appointed, and the expenses and amination. Examinations. Refusal and revocation of compensation of the Board shall be subject to arrangement with the society. SEC. 9. Examinations may be in whole or in part in writing, and shall be of an elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practitioner. SEC. 10. The Boards of Examiners may refuse certificates certificates. to individuals guilty of unprofessional or dishonorable conduct, and they may revoke certificates for like causes. In all cases of refusal or revocation the applicant may appeal to the body appointing the Board. Definition of SEC. 11. Any person shall be regarded as practicing med"physician." icine, within the meaning of this Act, who shall profess publicly to be a physician and to prescribe for the sick, or who shall append to his name the letters of "M. D." But nothing in this Act shall be construed to prohibit students from prescribing under the supervision of preceptors, or to prohibit gratuitous services in cases of emergency. And this Act shall not apply to commissioned surgeons of the United States army and navy practicing within the limits of this State. Licenses. Penalties for violation. SEC. 12. Any itinerant vender of any drug, nostrum, ointment, or appliance of any kind intended for the treatment of disease or injury, or who shall, by writing or printing, or any other method, publicly profess to cure or treat diseases, injury or deformity, by any drug, nostrum, manipulation, or other expedient, shall pay a license of one hundred dollars a month, to be collected in the usual way. SEC. 13. Any person practicing medicine or surgery in this State without complying with the provisions of this Act, shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the County Jail for a period of not less than thirty days nor more than three hundred and sixty-five days, or by both such fine and imprisonment, for each and every offense. And any person filing, or attempting to file, as his own, the diploma or certificate of another, or a forged affidavit of identification, shall be guilty of a felony, and upon conviction shall be subject to such fine and imprisonment as are made and provided by the statutes of this State for the crime of forgery. SEC. 14. This Act shall take effect from and after its passage, but the penalties shall not be enforced till on and after the thirty-first day of December, eighteen hundred and seventy-six. Claims allowed. CHAP. DXIX.-An Act for the relief of J. J. Conlin. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and |