Copyright
California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

. (page 19 of 36)
Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 19 of 36)
Font size
QR-code for this ebook


caused by fire, flood, or danger to life or property.



The electors of the State of California present
to the secretary of state this petition, asking that
the proposed amendment to the Penal Code here-
inafter set forth be submitted to the electors of
the State of California for their approval or re-
jection.

An act to amend the Penal Code by adding a new
section thereto, to be numbered 3 93 J, limiting
the hours of labor of employees and providing
a penalty for violation of the provisions of
this act.

The people of the State of California do enact
as follows:

HOURS OP LABOR.
Any employer who shall require or permit, or
who shall suffer or permit any overseer, superin-
tendent, foreman, or other agent of such em-
ployer, to require or permit any person in his em-
ploy to work more than eight hours in one day,
or more than forty-eight hours in one week, ex-
cept in case of extraordinary emergency caused
by fire, flood, or danger to life or property, shall
be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than $50 nor more
than $500, or imprisoned In the county jail not
less than 10 nor more than 90 days, or both so
fined and imprisoned.

ARGUMENT IN FAVOR OF EIGHT HOUR
LAW.

The fight for a shorter work day began with
the wage system. It is a vital part of the^labor
program. The workers of California should take
advantage of this opportunity to crystallize Into
law what has already been accomplished by or-
ganized effort

The progress of civilization Is Indicated in the
capacity of the workers to sustain themselves
with a minimum expenditure of energy. To or-
ganized labor, more than to any other one agency,
are we indebted for the shorter work day.

An eight hour day means an Increased demand
for men. It relieves the unemployment pressure.
Under a long hour day some men work while'
others are idle. Enforced Idleness Is not leisure.
Idleness will Impoverish, degrade and dwarf.
Leisure will enrich and elevate character. It
will give the workers opportunity for study and
organization. More idlers working, more work-
ers thinking.

The eight hour day does not reduce wages.
Men are not paid according to what they produce,
but according to the law of supply and demand.
As the competition for jobs becomes less fierce,
wages correspondingly rise. Shorter hours mean a
reduction in profits and fortunes made from labor.

Labor has had but a meager share In the
benefits of improved machinery. The Introduc-
tion of labor saving devices demands a corre-
sponding reduction in the hours of labor.

The eight hour day conserves the he^-lth of the
worker, and extends the working period cf his life.

The passage of this bill will discourage the Im-
portation of cheap labor, and prevent the employ-
ing class from manipulating the labor market
when It shall have become flooded by immigra-
tion through the Panama canal. Employers of
labor In this state are planning to abolish the
eight hour day. It rests with the voters to de-
cide whether the standard of living in California
shall be reduced to the level of southern Europe,
rifty-eifbt



The eight hour day will not paralyze industry.
Skilled labor and women are already operating
on this basis. California's industries are still
growing.

The farm laborer now bears the brunt of the
extortions of railroads and middlemen, by work-
ing long hours for low wages. This bill will
place him on the same basis as other workers,
and shift the burden where it rightly belongs.

The domestic servant will be relieved of un-
broken daily drudgery.

Shorter hours of labor promote purer and bet-
ter family life. Long hours exhaust the toiler,
and unfit him for social pleasures. They divorce
the parent from the child. An eight hour day
will effectively diminish the vast number of crim-
inals, paupers and idlers who consume the
people's substance.

All the arguments against this measure re-
solve themselves into this one — it will encroach
on the profits of the exploiters of labor. All the
arguments in Its favor converge finally Into this
one — for the great majority of the common
people, it win bring more abundant life.

Thos. W. Williams,

State Secretary Socialist Party of California.

ARGUMENT AGAINST EIGHT HOUR LAW.

This measure proposes an arbitrary eight hour
day in all occupations, whether or not it suits
the Interests of laborer or employer.

It substitutes rigid rule of law for reasonable
liberty of action. It prohibits "overtime" by
which employees ^nd employers divide the bur-
dens of emergency by co-operation. Without
overtime ships would wait at the docks for load-
ing and repairs ; delayed trains could not reach
destination ; business and Industry would be In
continual confusion. It limits "piecework," the
employee's reward for efficiency; increases the
cost of living, and adds to the expense of child-
birth, illness and death. It affects all labor for
hire. Including household helpers, hospital attend-
ants, newspapermen and professors.

All engaged In manufacture and trade will pay
the penalty, also farming, which produces "food
for all." The farmer sustains manufacturing and
trade ; he makes opportunity for transportation
and labor, and is the basic factor in the develop-
ment of the state; but neither he nor the rule
of law can regulate the weather or govern con-
ditions which control the production of land-
He cannot fix prices on export products, which
must compete in the world's markets, hence he
must recover added cost of production from do-
mestic consumers.

If the farmer Is prevented from getting full
service from his teams and implements, seeding
operations will be retarded, grains may rot in
the fields and fruits may perish in the orchard.
His teamster may be stopped on a long haul and
delayed by a slxteen-hour layover. Is It reason-
able, then, to Impose upon the farmer a law
which subjects him to heavy penalty and makes
him a criminal if the weather, which holds him
to Idleness today, compels him to work overtime
tomorrow? He can not substitute other men to
the stroke of the clock ; besides, there Is no labor
supply for substitution, and, in view of the lack
of winter employment, it would be unjust and
fooUsb to attract to QaUfornia for barv^st worK



many thousands of additional workers by prom-
ising an alluring and easy life under the pro-
posed universal eight hour law.

To the employee, also, the results would be
disastrous, for to him would fall not only the
higher cost of living, but matters would finally
so adjust themselves that the employee would be
paid for his hours of work only, shortening his
hours of labor and lessening his daily pay. And
he would still have to meet the higher cost of
living.

Limitation of hours means Increased cost of
production, and thus would compel California to
compete on this basis with states none of which



have such law. It would be stupid business to
thus limit our productive power and place Cali-
fornia at a disadvantage in the world's markets.
An eight hour day would lessen employment
for white farm labor, and increase leasing to
Oriental **partnerships" which would escape the
proposed law; it would compel many farmers to
send wives and children Into the field, as in Eu-
rope. Both alternatives are offensive to Ameri-
can standards and should be opposed. This
measure, if carried, will further increase the ex-
isting industrial depression. Vote "No."

G. H. Hbckb.



LAND TITLE LAW.

Initiative act amending act for certification of land titles.
Constitutes county recorders registrars of title; prescribes procedure for obtaining decree es-
tablishing title and ordering registration; provides for issuance of certificates of title, method
of effecting transfers, notation of liens, encumbrances and charges, correction of register and
certificates, protection of bona fide purchasers, registration fees, and penalties for fraud and
forgeries; regulates transactions respecting registered land; creates from certain fees, paid on
original registration, title assurance fund held by state treasurer to indemnify persons for loss of
any interest in land through operation of act.



The electors of the State of California hereby
petition, and present this, their petition, to the
secretary of state, that there be submitted to the
electors of the State of California, for their adop-
tion or rejection, the following proposed law :
An act to amend an act entitled "An act for the
certification of land titles and the simplifica-
tion of the transfer of real estate/' approved
March 17. 1897.
The people of the State of California do enact
as follows:

An act entitled "An act for the certification of
land titles and the simplification of the transfer
of real estate," approved March 17, 1897, is
hereby amended to read as follows:

Section 1. Recorders and ex ofilcio recorders
in the several counties of this state shall be reg-
istrars of titles in their respective counties, and
their deputies shall be deputy registrars. All
laws relative to recorders and their deputies, in-
cluding their compensation, clerk hire, and ex-
penses, shall extend to registrars and their
deputies, so far as the same may be applicable,
except as otherwise provided In this act. Regis-
trars of titles shall be county officers within the
meaning of the laws of this state.

Sec 2. The official bonds now required by law
to be given by recorders before entering upon
the discharge of their duties, shall also apply to
and cover the faithful discharge of their duties
as registrars, and of their deputies, whether such
additional condition be specifically provided for
*n such bonds or not; provided, however, that
recovery on such bond be had only for damages
sustained through the gross or wilful negligence
or gross or wilful neglect of duty or gross or
^Iful mismanagement on the part of such re-
corder or registrar or any of his deputies.

Sec. 3. Deputies may perform any and all
duties of the registrar, in the name of the regis-
trar, and the acts of such deputies shall be held
to be the acts of the registrar.

Sec. 4. Registrars and deputy registrars are
prohibited from practicing law, or acting as at-
torneys or counselors at law, or having as a
partner a lawyer or any one who acts as such,
or from acting as searchers of title under this
act, excepting only such deputies as may be ap-
pointed as attorneys pursuant to the provisions
of section 108 of this act

Sec. 5. All land may be brought under the
operation of this act by the owner or owners of
any estate or interest therein, whether legal or



equitable (other than an undivided share or an
easement) by filing with the county clerk his or
her or their verified petition to the superior court
of the county within which such land is situated,
which petition shall set forth the following factsf,
to wit : The full name, occupation, residence, and
post-office address of the applicant or applicants,
and where any applicant appears by any repre-
sentative because of any disability, also, the full
name, occupation, residence and post-office ad-
dress of the person so representing the applicant
and the reasons for his so acting; if the appli-
cation is by a corporation. Its name, when and
where incorporated, its principal place of busi-
ness and the names and post-office addresses of
its president and secretary, or if none, its execu-
tive officers; whether or not the applicant is
married and If married, the full name and resi-
dence of the husband or wife; and if unmarried,
whether he or she has been married, and if so,
how the marriage relation terminated, and If the
marriage relation was terminated by annulment
or divorce, where and by what court; that each
of the applicants is of the full age of twenty-one
years and free from any disability, or if a minor
or under disability, his age and the nature of
such disability; a description of the land; the
value at which the land and permanent improve-
ments, if any, were assessed on the last assess-
ment for county taxation; and if the application
is by more than one person, any one of whom
claims title In severalty to any part of the land
described in the petition, the particular part of
the land to which each petitioner severally claims
title; a statement of the estate or interest which
each applicant has or claims and whether or not
the same is community property or Is subject to
a homestead or to any easement, lien or incum-
brance and if so the name and post-office ad-
dress, if known, of each holder thereof, the na-
ture and the amount of the same, and If recorded,
the book and page of the record; a statement
of whether or not the land is occunied and if so.
the full name and nost-office address of each
occupant and what interest he has or claims: a
statement of any other person who has anv es-
tate or claims any interest in the or any part of
the land. In law or equity. In possession, re-
mainder, reversion or expectancy and the names
and post-office addresses. If known, of every such
person together with the names and post-office
addresses of all the owners of adjoining lands, so
far as the same can be ascertained upon diligent
inquiry. Jf the application is by a husband or

Digitized by C ^«T-Pll?6



wife and tbe property Is community property or is subject to t
homestead, both spouses must Join in the application; persons
who collectively claim to own the entire legal estate in fee
simple to the or any part of the land may Join in the petition;
a corporation may apply by its duly authorized agent; the estate
of a deceased person by the administrator or executor and a
minor or other person under disability by his legally appointed
guardian, but the person in whose behalf the application is
made shall be named as applicant Land constituting a single
parcel and lying partly in two or more counties may be in-
cluded in one application, which may be made In either county
in which the land lies, but the certificate issued therefor must
be filed with the registrars of all the counties within which
such land is situate.

Sec 6. If said land is part of a city, town or subdivision
of which a map or plat made and verified as required by the
then existing laws of the State of California or an official map
is on file in the office of the county recorder and upon such
map the land appears in such manner that it can be identified
thereon by reference, the application may refer to such map.
In all cases where said land can not be identified by reference
to such map or where no such map is on file in the office of
the county recorder, a plat or plan of survey of the land made
by tbe county or a licensed surveyor must accompany the appli-
cation. Such survey must show the boundaries of the land and
its relation to adjoining lands and streets and any encroach-
ments if any. Ifie court may, in any ease, before decree, re-
quire a survey to be made for the purpose of determining exact
boundaries. If the application describes the land as bounded
by a public or private way, it shall state whether or not the
applicant claims any and what land within the limits of the
way and whether the applicant desires to have the line of tlie
way determined.

If it appears by the petition that the applicant, either by
himself or by himself and his predecessors in interest, has been
in the actual, exclusive and adverse possession of the or any
part of the land described, continuously for m(N% than five years
next preceding the filing of the petition claiming to own the
same in fee against the world, and that he has or that he
and his predecessors in Interest liave paid all taxes of every Idnd
legally levied or assessed against such property during said
period, the petition must then also state the characto' of such
possession and the applicant must prove the same to the satis-
faction of the court on the hearing. Each application roust be
accompanied by an abstract of title to all land which does not
appear by said petition to have been adversely held as herein-
above provided. When the title to the or any of the land de-
scribed has been previously determined by a final decree of a
court of competent Jurisdiction, no abstract regarding the same
need antedate such decree.

When the title to the or any of the land described has been
previously insured by a corporation transacting business in in-
suring titles to real estate and a policy of insurance has been
issued by said corporation and at' the time of the issuance of
said policy, said company had fully complied with all laws of
the State of CaUfrania, such policy may be made the starting
point of any abstract to be filed under the provisions of this act
and the abstract of title so to be presented need only commence
at the date of such title insurance policy and the verification
thereof hereinafter provided need only apply to the portion of
said abstract subsequent to the date of said title insurance policy,
but must Include all defects or exceptions stated in said policy.

All abstracts herein referred to must be verified by the searcher
making the same, as in proceedings in partition, or if made by
a corporation, by the certificate of such corporation, under its
seal. Where actual, exclusive and adverse possession and pay-
ment of taxes is alleged but not proved to the satisfaction of the
court on the hearing, the court may require an abstract of the
title as herein provided to be furnished which shall then be used
In the same manner as If such abstract had been filed with the
application.

No person, nor any corporation which, at the time has not
fully complied with the provisions of the laws of the State of
California, shall be authorized to make or furnish such abstracts
of title until after entering into an undertaking with two or
more sufficient sureties to the people of the State of California In
a sum not less than $10,000.00, which may be increased from
time to time by order of the court whenever It shall appear to
such court that by reason of tbe number of abstracts of title
Sixty



which any one person or corporation Is making or fundshini
under one bond, the state is not sufficiently secured thereby.

Such bond shall be recorded in the record of official bonds i|
the recorder's office of the county. Said bond shall be con
ditioned to pay all damages and costs which the state may su^
tain by reason of any error or insufficiency in said or any
said abstracts. Hie sureties on such bond shall quallf:^ as prd
Tided in section ten hundbiMl and fifty-seven of the Code of Civl
Procedure and the sufficiency of the bond and of the sureti(
thereon shall be approved by a Judge of the superior court of Ut
county where such bond is to be filed. The sureties upon sud
bond may become severally liable in portions of not less
five hundred dollars each, making in the aggregate at least tn
sureties for the whole sum.

Upon any petition hereunder being filed, the clerk shall imml
diately endorse therera the exact time of its presentation
shall enter the same In a book kept for that purpose known \
the land register dodiet.

Sec. 7. No mortgage, lien, charge, or lesser estate than
fee simple shall be registered unless the fee simple to the sad
land is first registered. It shall not be an objection to brin|
ing land under this act, that the estate or interest of the appj
cant is subject to any outstanding lesser estate, mortgage, lid
or duu^e; but enry such lesser estate, mortgage, lien, or char|
shall be noted upon the certificate of title and the duplii
thereof, and the title or interest cotifled shall be subject (
to such estates, mortgages, liens, and charges as are so noted
except as herein provided. i

Sec 8. No title derived through sale for any tax or assess-
ment shall be entitled to be first registered, unless It shall appear
to the satisfaction of the court upon the bearing of the ap-
plication that the applicant or those through whom he claims
title, have been in the actual, exclusive and adverse possession
of the land under such title at least five successive years and
have paid all taxes and assessments legally levied thereon dirlng
said period. But the foregoing shall not apply to any title de-
rived through sale by the State of California of any property
which has been sold by the state for taxes and held by the state
for the period provided by law.

Sec. 9. The application may be amended only by petiti(Hi
verified as in the case of the original. Such amoidment may bt
ordered by the court on its own motion, or upon the motion of
any person Interested in the proceedings.

Sec. 10. The filing of the application in the office of the
county clerk shall be sufficient notice of tlie same to all subse-
quent purchasers or incumbrancers without the filing of a lis
pendens in the office of the recorder.

Sec. 11. The court shall, in its discretion, where one or more
abstracts are presented with the petition, examine them itself
or refer the same as provided in section 18 of this act. If It
shall appear to the court from an examination of the abstract or
abstracts or from the report of the examiner of titles or from
the petition where no abstracts are required, that the title to tbe
land described in the application appears to be substantially as
alleged, the court shall order notice to be given as provided in
this act.

Sec. 12. When the court shall order notice given, a notice
must be issued, under the seal of the court, which shall contain
the name of the court and the county in which the action is
brought, the name or names of the i^pllcant or applicants and
a particular description of the land Involved, vdiich notice shall
be directed to all parties appearhig by the petition or tbe
petition and abstract or by the report of the examiner of titles,
if any, to have any interest in the land or any part thereof and
which notice shall contain a statement that the petition has been
filed by the applicant or applicants for the registration of the
title to the land described therein as provided by this act and
praying for a decree declaring the applicant or applicants to be
the owner in fee of such land in accordance with the prayer of
said petition and which notice shall direct all whom it may con-
cern to appear and answer said petition within ten days after
personal service if served within the county or within thirty days
if served elsewhere and that otherwise the court will grant said
petition and direct registration of the title to said land in ac-
cordance vrlth the terms of this act and that said persm so
served will be forever barred from disputtog the same. When the
notice is issued, service thereof shall be made as follows: In all
cases said notice shall be published in a newspaper of geno^
drculation published in the county, to be designated by the
court, for four successive weeks; if the notice be published io



Digitized by



Googl



^ daily newspaper, publication therein once a weeit for four suc-
cessive weeks shall be sufficient. All parties who have not joined
in the petition or assented thereto in writing and who appear by
the petition or petition and abstract or report of the examiner
i titles to be interested in the fee, all occupants named in the
petition and the husband and wife of the applicant, if married,
riuUI be perscmally served with a copy of the notice, attached to
I copy of the petition, if they reside in the state and can, with
•easonable diligence, be found and served therein. All owners of
uijoining lands who have not given their written consent to the
baring of the petition and who reside in the state and can, with
■easonable diligence, be found and served therein, shall be sened
rith a copy of said notice, without a copy of said petition,
personally.

As to all pers(ms who have not joined in the petition ac who
ttve not in writing assented to the hearing thereof, who do not
«slde in the state or who can not, with reasonable diligence, be
l^oond and served therein, a copy of such notice, without a cf^y
i the petition, shall, within thirty days after the first publica-
tion of such notice, be sent to sudi party at his last Imown place
)f residence, by mail, postage prepaid and if his last Imown
jilace of residence can not with reasonable diligence be ascer-
tained, then sudi notice must be mailed to him in care of the
mmty clerk of the county in which the land is situated; pro-
fided. however, that as to all such persons so to be served by
nail who appear by the petition or petition and abstract cr
tport of the examiner of titles to be Interested in the fee, a



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 19 of 36)