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

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tution. Prohibits the manufacture, sale, gift, or transportation wholly within the
state, of intoxicating liquor; permits any citizen to enjoin violations; makes the
O showing that the manufacture, use, sale, gift or transportation was for medicinal,
^ scientific, mechanical or sacramental purposes, a derense to civil and criminal
actions, and requires regulation by law of such acts for said purposes; prohibits
transportation into this state of intoxicating liquor, unless shown to be for such pur-
poses, subject, however, to United States laws; prescribes and authorizes penalties.


YES




NO




EIGHT HOUR LAW. InitiaUve act adding section 393% to the Penal Code. Declares

It a misdemeanor, punishable by fine or Imprisonment in county jail or both, for any

O employer to require or permit, or to suffer or permit his overseer, superintendent,

•» foreman or other agent to require or permit, any person in his employ to work more

than eight hours in one day, or more than forty-eight hours in one week, except in

case of extraordinary emergency caused by fire, flood, or danger to life or property.


YES




NO




ABATEMENT OP NUISANCES. Act submitted to electors by referendum. Declares
nuisance any building or place where acts of lewdness, assignation or prostitution
occur, and general reputation admissible to prove existence of nuisance; prescribes
A procedure for abatement thereof ; requires removal ajid sale of fixtures and movable
^property used In aid thereof, closing premises to any use for one year unless court
releases same upon bond of owner; prescribes fees therefor, making same and all
costs payable from proceeds of such sale, requiring sale of premises to satisfy any
deficiency ; makes fines lien upon interest in premises.


YES




NO




INVESTMENT COMPANIES ACT. Submitted to electors by referendum. Creates
state corporation department Authorizes governor to appoint commissioner of cor-
porations who shall employ necessary deputies, fix their compensation, have control
over investment companies and investment brokers and power of examination
e thereof as in state banks ; prohibits issuance of securities before investigation by
O commissioner, regulates issuance and sale thereof, taking subscriptions therefor, ad-
vertisements and circulars respecting same; creates lund from oflicial fees and
declares salaries and expenses payable therefrom ; provides for broker's permit and
agent's certificate, reports by companies and brokers, appeal to court from commis-
sioner's decision, and penalties for violations.


YES




NO




WATER COMMISSION ACT. Submitted to electors by referendum. Creates state

water commission for control of appropriation and use of waters; defines rights in

g* riparian and unappropriated waters ; prescribes procedure for investigation of waters

V and water rights, appropriation thereof, apportionment of same between claimants,

issuance of licenses, and revocation thereof; declares present rights of municipal

corporations unaffected.


YES




NO




LOCAL TAXATION EXEMPTION. Assembly Constitutional Amendment 7 adding sec-
tion 8% to article XIII of constitution. Authorizes any county or municipality to
exempt from taxation for local purposes in whole or in part, any one or more of
OT 'fnllrt'orln^ r>1nQcu>c( nf rkrnT>prtv * imnroveinents in on or ovf^r Innd * RViinrtlncr* Vioikw^-


YES




• hold furniture; live stock; merchandise; machinery; tools; farming Implements;
vehicles ; other personal property except franchises ; provides that ordinance or reso-
lution making such exemptions shall be subject to referendum; and requires that
taxes upon property not exempt from taxation shall be uniform.


NO




EXEMPTING VESSELS FROM TAXATION. Senate Constitutional Amendment 17

adding section 4 to article XIII of constitution. Exempts from taxation until and

o including January 1, 1935, except for state purposes, all vessels over 50 tons burden,

O registered at any port in this state and engaged in transportation of freight or

passengers.


YES




NO




REGULATING INVESTMENT COMPANIES. Initiative act authorizing governor to
appoint auditor of Investments empowered to employ deputies and fix their compen-
sation, defining investment companies, authorizing examination thereof by auditor
and judicial investigation of their practices, defining securities and prohibiting
Q sale thereof to public, or taking subscriptions therefor, by such companies before
^ filing with auditor their financial statement and description of security, excepting
from act certain companies and individuals, securities thereof and certain install-
ment securities, regulating advertisements and circulars regarding securities, creat-
ing fund from official fees for salaries and expenses under act; repeals all laws on
subject adopted heretofore or concurrently herewith.


YES




NO




ABOLITION OF POLL TAX. Initiative amendment to section 12 of article XIII of the
t fl constitution. Provides that no poll or head tax for any purpose shall be levied or
* V collected in this state.


YES




NO





UNIVERSITY OF CALIFORNIA BUILDING BOND ACT. Initiative measure provid-
ing for the issuance and sale of state bonds in the sum of $1,800,000 to create a
t t fund for the completion and construction of buildings on the grounds of the Uni-
* * versify of California in the city of Berkeley, said bonds to bear interest at four and
one half per cent and to mature at different periods until January 6, 1965.


YES


NO





One hundred eight



CONSTITUTIONAL CONVENTIONS. Assembly Constitutional Amendment 88 amend-
ing section 2 of article XVIII of constitution. Present section unchanged except in
following particulars: provides that delegates to constitutional conventions shall be
nominated at non-partisan primary election as prescribed by legislature, those re-
t O celving majority vote thereat being elected, otherwise two highest candidates (or
* ^ more if tied) being only candidates at further election ; authorizes legislature to
submit for adoption by electors other plans for selecting delegates; provides that
convention shall meet within nine months after election, and may submit new con-
stitution or amendments or revisions of that existing, as alternative propositions or
otherwise.


YES




NO




QUALIFICATION OF VOTERS AT BOND ELECTIONS. Initiative amendment adding

section 7 to article II of constitution. Provides that no elector may vote on question

t O of incurring bonded indebtedness of state or political subdivision thereof, unless he

*** is owner of property taxable for payment of such indebtedness and assessed to him

on last assessment roll.


YES




NO




VOTING BY ABSENT ELECTORS. Initiative act providing for issuance of certificate
of Identification and ballot to voters who will be absent from home precincts on
election day ; provides that upon presentation by elector of such certificate and ballot
t ^ in sealed envelope to judge of election on election day at polls in any precinct more
*^ than ten miles from polls where registered, such elector may mark said ballot in
secret, judge to mail same to county clerk where voter registered ; prescribes form of
certificate and canvass of ballots ; authorizes elector to vote at home precinct upon
surrender of certificate and ballot.


YES




NO




DEPOSIT OF PUBLIC MONEYS. Initiative amendment to section I6V2 of article XI
of constitution. Present section unchanged except in following particulars: Au-
thorizes banks in which public moneys are deposited to furnish, as security, bonds of
t C districts within municipalities, or of a corporation qualified to act as sole surety on
* •^ bonds or undertakings, to an amount in value, or with a penalty, of at least ten per
cent over amount of deposit; provides that no deposit under section shall exceed
at any time fifty per cent of paid up capital and surplus of depository bank.


YES




NO




CONDEMNATION FOR PUBLIC PURPOSES. Senate Constitutional Amendment 16
adding section 20 to article XI of constitution. Authorizes state, county or munic-
ipality to condemn neighboring property within its limits additional to that actually
Intended for proposed improvement; declares same taken for public use; defines
1 15 estate therein and manner of dealing therewith to further such improvement ; permits
* ^ county or municipality to condemn lands within ten miles beyond its boundaries for
certain public purposes, with consent of other county or municipality if such lands
lie therein; requires terms of condemnation, lease or disposal of such additional
property to be prescribed by law.


YES




NO




EXPOSITION CONTRIBUTION BY ALAMEDA COUNTY. Senate Constitutional
Amendment 34 amending section 18 of article XI of constitution. Present section
imchanged but proviso added authorizing Alameda county, at election therefor, to
incur bonded indebtedness not exceeding $1,000,000, bearing interest not exceeding
1 7 five per cent, bonds redeemable within forty years and salable at not less than par,
* • proceeds payable on terms fixed by supervisors to Panama- Pacific International Ex-
position Company for exposition in San Francisco ; authorizing special tax upon all
taxable property in Alameda county to pay interest and create sinking fund for
payment of said bonds.


YES




NO




NON-SALE OF GAME. Act amending Penal Code section 626fc, submitted to electors
by referendum. Declares the buying, selling, shipping, offering or exposing for
sale, trade or shipment, of any wild game, bird, or animal (except rabbits and wild
to geese), protected by law and mentioned in part I, title XV, chapter I of Penal Code,
* *^ or the dead body of the same, or any part thereof, a misdemeanor ; prescribes punish-
ment therefor ; and declares section does not prohibit sale of wild duck from Novem-
ber 1st to December 1st of same year.


YES




NO




CONSOLIDATION OF CITY AND COUNTY, AND LIMITED ANNEXATION OF CON-
TIGUOUS TERRITORY. Initiative amendment to section 8% of article XI of con-
stitution. Present section unchanged except to authorize chartered cities to establish
municipal courts, and control appointments, qualifications and tenure of municipal
tQoflficers and employees; authorizes cities exceeding 50,000 population to consolidate
*^and annex only contiguous territory included within county from which annexing
territory was formed on consolidation, or concurrently or subsequently added to
territory excluded from original consolidated territory ; requires consent of annexed
territory and of county from which taken; prescribes procedure for consolidation
and annexation.


YES




NO




PRIZE FIGHTS. Initiative act amending Penal Code. Prohibits the engaging in or
furthering in any way prize fights or remunerative boxing exhibitions, training
therefor, or betting thereon ; the conducting, participating in or witnessing any box-
ing exhibitions on Memorial Day or Sunday; authorizes regulated four-round ama-
Ofi teur boxing exhibitions unless prohibited by ordinance ; provides for arrest of persons
*«v about to promote or participate in prohibited contests and requires bond against com-
mitting offense ; declares self-incrimination no disqualification of witness ; prohibits
his prosecution for offense disclosed ; authorizes conviction upon accomplice's uncor-
roborated testimony ; prescribes penalties.


YES




NO




CITY AND COUNTY CONSOLIDATION, AND ANNEXATION WITH CONSENT OF
ANNEXED TERRITORY. Initiative amendment to section 8 14 of article XI of con-
stitution. Present section unchanged except to authorize chartered cities to establish
Ot municipal courts and control appointments, qualifications and tenure of municipal
*•* ofl^icers and employees; authorizes cities exceeding 175,000 population to consolidate
under charter and to annex any contiguous territory, but only upon consent of such
territory and of county from which such territory is taken ; prescribes procedure for
consolidation and annexation.


YES




NO





Digitized by VQne hundred nln«



LAND TITLE LAW. Initiative act amending act for certification oi: land titles. Consti-
tutes county recorders registrars oi title ; prescribes procedure for obtaining decree
establishing title and ordering registration; provides for issuance of certiticates of
title, method of effecting transfers, notation of liens, encumbrances and charges,
OO 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 assur-
ance fund held by state treasurer to indemnify persons lor loss of any interest in
land through operation of act


YES




NO




ELECTIONS BY PLURALITY, PREFERENTIAL VOTE AND PRIMARY. Assembly
Constitutional Amendment 19 amending section 13 of article XX of constitution.
Declares plurality of votes at any primary or election constitutes choice unless con-
stitution otherwise provides ; permits charters framed under constitution for counties
OO or municipalities and general laws for other counties and municipalities to provide
^*' otherwise, or for nomination or election, or both, of all or any portion of candidates
at a primary, or for preferential system of voting at any county or municipal pri-
mary or other election ; authorizes general laws providing preferential system of
voting at any other primary.


YES




NO




ASSEMBLY PAY ROLL EXPENSES. Assembly Constitutional Amendment 23 amend-
ing section 23a of article IV of constitution. Increases the amount allowed for the
^A total expense for officers, employees and attaches of assembly at any regular or
^^ biennial session of legislature from present amount of five hundred dollars per day to
six hundred dollars per day ; makes no other change in operation of present section.


YES




NO




ADOPTION AND AMENDMENT OP MUNICIPAL CHARTERS. Assembly Constitu-
tional Amendment 25 amending section 8 of article XI of constitution. Authorizes
cities of more than thirty-five hundred population to adopt charters; prescribes
method therefor, and time for preparation thereof by freeholders; requires but one
OC publication thereof, copies furnished upon application; provides for approval by
^H legislature, method and time for amendment, and that of several conflicting concur-
rent amendments one receiving highest vote shall prevail ; authorizes charter to
confer on municipality all powers over municipal afCairs, to establish boroughs and
confer thereon general and special municipal powers.


YES




NO




LEGISLATIVE CONTROL OP IRRIGATION, RECLAMATION AND DRAINAGE DIS-
TRICTS. Assembly Constitutional Amendment 47 amending section 13 of article XI
Ofi of constitution. Present section unchanged but proviso added authorizing legislature
^^ to provide for supervision, regulation and conduct, in such manner as it may deter-
mine, of affairs of irrigation, reclamation or drainage districts, organized or existing
under laws of this state.


YES




NO




COUNTY CHARTERS. Assembly Constitutional Amendment 60 amending section 7%
of article XI of constitution. Present sectiqn unchanged except in following par-
ticulars: Authorizes county charter framed thereunder to relate to any matters
0»7 authorized by constitution, and adds paragraph 4% authorizing such charter to pro-
^ • vide for discharge by county officers of certain municipal functions of any munici-
pality within said county incorporated under general laws which so authorize, or of
any municipality therein whose charter framed under section 8 of article XI so
authorizes.


YES




NO




REGULATION OP PUBLIC UTILITIES. Assembly Constitutional Amendment 62
amending section 23 of article XII of constitution. Present section unchanged ex-
cept in following particulars: Railroad commission given exclusive power to fix
public utility rates in all incorporated municipalities ; such municipalities, by vote of
O Q electors thereof, may retain that control over public utilities which relates to local,
^O police, sanitary, and other regulations only, or surrender same to railroad commis-
sion; omits provision authorizing such municipalities to reinvest themselves with
powers so surrendered ; declares right of incorporated municipalities to grant public
utility franchises not affected by section.


YES




NO




INCORPORATION OP MUNICIPALITIES. Assembly Constitutional Amendment 81
amending section 6 of article XI of constitution. Present section unchanged except
in following particulars : Legislature may provide that county officers shall perform
municipal functions of municipalities incorporated under general laws when electors
OQ thereof so determine ; municipalities hereafter organized under charters, and those
^•^ heretofore so organized, when empowered by charter amendment, may legislate
respecting municipal affairs, subject only to charter restrictions ; in other matters
they are subject to general laws ; municipal charters may require county officers to
perform municipal functions whenever general laws or county charter authorize such
performance.


i:i!:s

NO




IRRIGATION DISTRICTS CONTROLLING INTERNATIONAL WATER SYSTEMS.
Assembly Constitutional Amendment 84 amending section 31 of article IV. Present
section unchanged, but proviso added authorizing Irrigation districts, for purpose of
Qfi acquiring control of any entire international water system situated partly in United
•5V states and partly In foreign country, and necessary for Its use and purposes, to
acquire, in manner authorized by law, the stock of any foreign corporation which
owns or holds title to the part thereof situated in a foreign country.


YES


NO




VALUATION OP CONDEMNED PUBLIC UTILITIES BY RAILROAD COMMISSION.
Assembly Constitutional Amendment 87 adding section 23a to article XII of consti-
tution. Authorizes railroad commission to exercise such power as shall be conferred
Ql upon it bv legislature to fix comnensation paid for property of public utility oon-
*>1 demned by state, county, municipality or mnn^olpal wnter district; declares right of
legislature to confer such powers upon railroad commission to be plenary and un-
limited by any constitutional provision ; and confirms all acts of legislature in accord-
ance herewith heretofore adopted.


YES




NO





One hundred ten



ELECTION OF UNITED STATES SENATORS. Assembly Constitutional Amendment

92 amending section 20 of article V of constitution. Eliminates provisions of pres-

OO ent section prohibiting governor from being elected United States senator during

«^^ his term of office, and instead provides that such senators shall be elected by the

people of the state in the manner provided by law.



YES
NO



PUBLIC UTILITIES IN MUNICIPALITIES. Senate Constitutional Amendment 53
amending section 19 of article XI of constitution. Authorizes any municipal cor-
poration to acquire and operate public utilities ; to grant franchises to operate same
under regrulations prescribed by its organic law or otherwise by law ; but eliminates
OO from present section provisions autliorizing municipal government to regulate
•^*' charges for services under such franchises ; and authorizes municipal corporation
to furnish the product or servio^ of public utility operated by it to users beyond its
limits, to other municipalities, and to inhabitants thereof without consent of such
municipalities.



YES



NO



TAXATION OF PUBLIC PROPERTY. Assembly Constitutional Amendment 6 amending
section 1 of article XIII of constitution. Present section unchanged but proviso
added declaring taxable all lands and improvements thereon owned beyond its limits
Q^t ^y ^ county or municipal corporation, if taxable at the time acquired by it ; exempt-
*^^ ing improvements constructed by such owner upon any of its lands ; and declaring
all such taxable property assessable by assessor of county or municipal corporation
where situated, subject to review and adjustment by state board of equalization.



YES



NO



SACRAMENTO STATE BUILDING BONDS.

FOR THE STATE'S BUILDINGS BONDS. This act provides for the issuance and sale

of state bonds in the sum of $3,000,000 for additional state buildings in Sacramento,

payable in fifty years, and bearing interest at four per cent.



35-



AGAINST THE STATE BUILDINGS BONDS.



FOR THE SAN FRANCISCO STATE BUILDING ACT. This act provides for the issu-
ance and sale of state bonds to create a fund for the construction, erection, equip-
ment, completion and furnishing of a state building or buildings upon a lot of land
in the city and county of San Francisco, to be used by the officers and departments
of the state which are located in said city and county of San Francisco.

36

AGAINST THE SAN FRANCISCO STATE BUILDING ACT. This act provides for the
issuance and sale of state bonds to create a fund for the construction, erection, equip-
ment, completion and furnishing of a state building or buildings upon a lot of land
in the city and county of San Francisco, to be used by the officers and departments
of the state which are located in said city and county of San Francisco.



FOR THE STATE FAIR GROUNDS BONDS. This act provides for the issuance and
sale of state bonds in the sum of $750,000 for improvement of the state fair grounds
at Sacramento, payable in fifty years, and bearing interest at four per cent.



37-



AGAINST THE STATE FAIR GROUNDS BONDS.



LOS ANGELES STATE BUILDING BONDS. Initiative act providing for the issuance

and sale of state bonds in the sum of $1,250,000 to create a fund for the acquisition

oo of a site in the city of Los Angeles, for the construction thereon of a state building

*^0 and for equipment thereof to be used by the officers and departments of the state

maintaining offices in said city, said bonds to bear interest at four per cent and to

mature at different periods until July 2, 1965.



YES



NO



SUSPENSION OF PROHIBITION AMENDMENT. Initiative amendment adding sec-
tion 2 6a to article I of constitution. Provides that if proposed amendment adding
sections 26 and 27 to article I of constitution relating to manufacture, sale, gift, use
QQ and transportation of intoxicating liquors be adopted, the force and effect of section
•>•' 26 shall be suspended until February 15, 1915, and that, as to the manufacture and
transportation for delivery at points outside of state only, it shall be suspended until
January 1, 1916, at which time section 26 shall have full force and effect.



YES



NO



EXTRA SESSIONS OP DISTRICT COURTS OF APPEAL. Assembly Constitutional
Amendment 32 adding section 4a to article VI of constitution. Authorizes governor
to call extra sessions of district courts of appeal ; requires such call when requested

Ail by chief justice of supreme court or presiding justice of district court of appeal ;

^^ provides that governor, chief justice and presiding justice shall each select one of
the three judges of such sessions from judges of any district court of appeal or
superior court who shall serve without further compensation ; provides for assign-
ment of causes thereto, jurisdiction thereof, and termination of such sessions.



YES



NO



MISCARRIAGE OF JUSTICE. Senate Constitutional Amendment 12 amending section

4'/^ of article VI of constitution. Omits from present section word "criminal."

thereby providing that no judgment shall be set aside or new trial granted in any

A^ case, civil or criminal, for misdirection of jury or improper admission or rejection of

^A evidence, or for any error as to any matter of pleading or procedure, unless after

examination of entire cause, including the evidence, court is of opinion that error



YES



Digitized by



lat error NO

Google



PI/ACB OP PAYMENT OF BONDS AND INTEREST. Senate Constitutional Amend-
ment 13 amending section 13% of article XI of constitution. Authorizes any
A^ county, municipality, Irrlgration district or other public corporation, issuing bonds
^^ under the laws of the state, to make same and interest thereon payable at any place
or places within or outside of United States, and in domestic or foreign money,
desigrnated therein.



TES



NO



EXEMPTING EDUCATIONAL INSTITUTIONS PROM TAXATION. Senate Consti-
tutional Amendment 15 adding section lo to article XIII of constitution. Exempts
^O from taxation buildings, grounds within which same are located not exceeding one
^*' hundred acres, equipment, securities and Income used exclusively for educational pur-



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 35 of 36)