settlement franchise, and that the grantee shall accept in lieu thereof the rights and privileges granted by such resettlement franchise as a franchise for the continued operation of such street, suburban or interurban railroad within the limits of the city or city and county or such portion thereof as had theretofore been operated under the franchise or franchises surrendered. § 7. Granted for indeterminate period. Purchase by city. Valuation by railroad commission. Every such resettlement franchise, permit or privilege shall be granted for an indeterminate period, subject always to the right of the city or city and county to acquire and possess the property of the grantee. Every resettlement franchise shall be granted upon the express condition that the city or city and county may, at a valuation for the purpose of public acquisition, fixed and determined as hereinafter provided, either assume ownership by purchase, take over and possess the property used and useful, or, in the discretion of the city or city and county prospectively useful, of the franchise grantee, his or its successors or assigns, upon giving said grantee written notice of its intention to purchase and take over said property, which written notice shall be given only when authorized by ordinance of the legislative or governing body of the city or city and county. The valuation for the purpose of public acquisition of such property used and useful, or, in the discretion of the city or city and county, prospectively useful, and owned by the grantee at the time application is made for such resettlement franchise, permit or privilege, shall be fixed by the. railroad commission of the state of California, or its successors in interest. The valuation of such property, as fixed by the railroad commission of the state of California, may be set forth in said resettlement franchise, permit or privilege, in which case a readjustment from time to time of this valuation by the addition of the cost of extensions and betterments and by the deduction of the value of property sold or abandoned, and of the amount of depreciation sustained by the property used or useful, or prospectively useful, of the franchise grantee shall be made in such manner as may in said resettlement franchise be provided. All expenses of such valuation by the railroad commission of the state of California, or its successors in interest shall be paid by the city or city and county to the railroad commission of the state of California. or its successors in interest. § 8. Value in excess of amount paid not to be claimed. Said resettlement franchise shall provide that the grantee thereof, its successors or assigns, shall never claim before any court or other public authority in any proceeding of any character any value for said resettlement franchise, permit or privilege in excess of the amount originally paid for the same by the grantee thereof to the public authority granting the same. § 9. Amendment. Any resettlement franchise may be amended from time to time by ordinance passed by the governing or legislative body of the city or city and county and ratified by the electors of the city or city and county in the manner herein prescribed for the passage of such resettlement franchise in the first instance, and not otherwise; provided, that no such amendment shall be effective unless accepted in writing by the grantee of such resettlement franchise. § 10. Exercise of police power. Right of city to acquire property by right of eminent domain. The legislature hereby declares that this act is passed subject to the continued power of the state of California in the exercise of its police power or otherwise through the instrumentality of the railroad commission of the state of California or other agency to provide at any and all times for the supervision and regulation of public utilities notwithstanding any franchise, permit or privilege or any provision thereof granted under this act, or any part thereof. Nothing herein contained, nor any provision of any franchise granted hereunder shall be deemed to prevent a city or city and county from acquiring at any time the property of any public utility through the exercise of the right of eminent domain under the then constitution and laws, and the legislature hereby declares it to be against the policy of the state for any city or county to contract away, either for a term or in perpetuity, the right to exercise the right of eminent domain in respect to any public utility. § 11. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Act 1248a. TITLE 202. An act to provide for the establishment and maintenance of county free libraries in the state of California, and repealing "An act entitled 'An act to provide county library systems,' approved April 12, 1909, and all acts and parts of acts in conflict with this act." [Approved February 25, 1911. Stats. 1911, p. 80.] Amended 1917; Stats. 1917, p. 1610; 1919, pp. 19, 23, 62, 122, 123. § 9ff. Counties of thirty-second class, salary of librarian. Kings. In counties of the thirty-second class the county librarian shall receive one thousand five hundred dollars per year. [Amendment approved April 21, 1919; Stats. 1919, p. 122.] § 9gg. Salary of county librarian. Counties of thirty-third class. Merced. In counties of the thirty-third class the salary of the county librarian shall be eighteen hundred dollars per annum. [Amendment approved June 1, 1917; Stats. 1917, p. 1610.] § 9ii. Counties of thirty-fifth class, salary of librarian. Yolo. In counties of the thirty-fifth class the salary of the county librarian shall be one thousand eight hundred dollars per annum. [Amendment approved April 21, 1919; Stats. 1919, p., 123.] § 9mm. Counties of thirty-ninth class, salary of librarian. Tuolumne. In counties of the thirty-ninth class the salary of the county librarian shall be one thousand five hundred dollars per annum. [New section added March 31, 1919; Stats. 1919, p. 19.] § 9pp. Counties of forty-second class, salary and expenses of librarian. Lassen. In counties of the forty-second class the county librarian shall receive one thousand eight hundred dollars per year, to be paid by such counties in equal monthly installments at the same time, in the same manner and out of the same fund as the salaries of other county officers are paid, and shall also be allowed the actual and necessary traveling expenses incurred on the business of the office. [Amendment approved April 9, 1919; Stats. 1919, p. 61.] § 9ccc. Counties of fifty-fifth class, salary of librarian. Trinity. In counties of the fifty-fifth class the salary of the county librarian shall be one thousand two hundred dollars per annum. [New section added April 4, 1919; Stats. 1919, p. 23.] АСТ 1250. An act to authorize the deposit of certain newspaper files kept in recorders' offices in free public libraries. [Approved March 19, 1909; Stats. 1909, p. 436.] Amended 1919, p. 278. The amendment of 1919 follows: § 1. Deposit of newspapers in public libraries. The county boards of supervisors of the several counties may authorize the recorders of their several counties to deposit with any free public library maintained at the county seat, or with the California state library, such newspaper files, or portions thereof, as may be in the custody of such recorders by virtue of an act approved April 8, 1862, and entitled “An act for the purchase and preservation of public newspapers, printed and published in the several counties of this state," or by virtue of any other act. [Amendment approved May 2, 1919; Stats. 1919, p. 278.] § 2. Agreement required. Before making such deposit, the said board of supervisors shall obtain from the board of trustees or authorities in charge of such free public library, or the board of trustees of the California state library, an agreement that they will properly preserve and care for such newspaper files, and make them accessible to the public. [Amendment approved May 2, 1919; Stats. 1919, p. 278.] § 3. Files may be transferred to state library. The county boards of supervisors of the several counties may authorize the boards of trustees or other authorities in charge of any free public library with which newspaper files have been deposited in accordance with section one of this act to deposit such newspaper files with the California state library. [New section added May 2, 1919; Stats. 1919, p. 278.] ACT 1264a. TITLE 204. An act to increase the number of judges of the superior court of the county of Fresno, and to provide for the appointment of an additional judge. [Approved May 5, 1917. Stats. 1917, p. 283. In effect July 27, 1917.] § 1. Fresno county judges. The number of judges of the superior court Fresno county is hereby increased from two to three. § 2. Appointment of one additional judge. Election. Within ninety days after the taking effect of this act, the governor shall appoint one additional judge of the superior court of the county of Fresno, state of California, who shall hold office until the first Monday after the first day of January, A. D., one thousand, nine hundred nineteen. At the general election to be held in November, 1918, a judge of the superior court of said county shall be elected in said county, who shall be the successor of the judge appointed hereunder, to hold office for the term prescribed by the constitution and by law. § 3. Salary. The salary of said additional judge shall be the same in amount, and shall be paid at the same time and in the same manner as the salary of the other two judges of the superior court of said county now authorized by law. TITLE 205. АСТ 1275. An act to establish a standard for the packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforcement and making an appropriation to carry into effect the provisions hereof. [Approved June 10, 1915. Stats. 1915, p. 1386.] Repealed 1917; Stats. 1917, p. 285. See next Act. ACT 1275a. An act to establish standards for the packing and marketing of apples, forbidding the sale of certain infected and diseased apples, provid ing for its enforcement, fixing penalties for its violation, and mak ing an appropriation to carry into effect the provisions thereof, and repealing an act entitled "An act to establish a standard for the packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforcement and making an appropriation to carry into effect the provisions hereof," approved June 10, 1915. [Approved May 7, 1917. Stats. 1917, p. 285. In effect July 27, 1917.] Amended 1919, p. 258. § 1. Title. This act shall be known, and for any and all purposes may be designated and referred to, as "The standard apple act of 1917." § 2. Standard grades established. The following standard grades and standard box are hereby established for apples, packed, shipped, deliv ered for shipment, offered for sale or sold, in the state of California: (a) "California fancy." The "California fancy" grade shall consist of apples of well-grown, properly matured specimens of one variety, hand picked, with stems retained therein, either in whole or in part, well colored and normally shaped for the variety and locality where produced, uniform in size, well packed, and shall be free from insect pests, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, bruises and other defects, except such bruises and defects as are necessarily caused in the operation of packing, and virtually free from dirt; provided, however, that a variation from the said standard, as to insect pests, diseases, dry rot, Baldwin spot, insect bites, bruises and other defects, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any one such defect; and provided, further, that a variation in size of the apples shall be allowed, not to exceed three-eighths of one inch, when measured through widest portion of cross section thereof, and that no apples less than two and one-fourth inches when measured in like manner, shall be placed in "California fancy" grade except Lady and Winesap apples, when the smallest size shall be not less than two inches when measured in like manner. (b) "B grade." The "B grade" shall consist of apples of well-grown properly matured specimens of one variety, hand picked, uniform in size, well packed, free from insect pests, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, sun scald and frost bite more than skin deep, and bruises resulting in the breaking of the skin, and virtually free from dirt; provided, however, that insect bites which have healed in the process of maturity of the apple, and which do not cause serious deformity, and slightly misshapen apples, shall be permitted in this grade, that a variation in size of the apples shall be allowed, not to exceed three-eighths of one inch when measured through widest portion of cross section thereof, and that a variation from the said standard, as to insect pests, diseases, dry rot, Baldwin spots, bruises and other defects, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any one such defect. (c) "C grade." The "C grade" shall consist of apples of properly matured specimens of one variety, free from insect pests, visible rot, visible dry rot, visible Baldwin spots and diseases; provided, however, that a variation from said standard as to insect pests, dry rot, Baldwin spots and diseases, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any one such defect. (d) Standard container. The standard container shall be a box of the following dimensions, inside measurements, when measured without distention of parts: Depth of end ten and one-half inches; width of end eleven and one-half inches; length of box eighteen inches, and having a cubical content of as nearly as possible two thousand one hundred seventy-three and one-half cubic inches. (e) Use after July 1, 1920. On and after July 1, 1920, all packed apples, when shipped, offered for sale or sold, shall be placed in the standard box herein described; provided, however, that other size containers may be used if conspicuously marked in letters not less than one-half inch high "irregular container." [Amendment approved April 30, 1919; Stats. 1919, p. 258.] § 3. Labeling of container. Every packed container of apples shipped, delivered for shipment, offered for sale or sold, in the state of California. |