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the said county clerk, as hereinbefore provided
for petitions for the election of boards of free-
holders. Upon the presentation of said petition
to said board of supervisors, said board must sub-
mit the amendment or amendments Set forth
therein to the qualified electors of said county at
a general or special election held not less than
thirty days nor more than sixty days after the
publication or posting of such proposed amend-
ment or amendments In the same manner as
hereinbefore provided in the case of the submis-
sion of any proposed amendment or amendments
to such charter, proposed and submitted by the
board of supervisors. In submitting any such
charter, or amendments thereto, any alternative
article or proposition may bB presented for the
choice of the electors, and may be voted On sepa-
rately without prejudice to others.

Every special election held under the provisions
of this section, for the election of boards of free-
holders or for the submission of proposed char-
ters, or any amendment or amendments thereto,
shall be called by the board of supervisors, by
ordinance, which shall specify the purpose and
time of such election and Shall establish the elec-
tion precincts and designate the polling places
therein, and the names of the election officers for
each such precinct Such ordinance, prior to
such election shall be published five times in a
daily newspaper, or twice In a weekly newspaper,
if there be no such daily newspaper, printed, pub-
lished and circulated In said county; provided,
that if no such daily or weekly newspaper be
printed or published in such county, then a copy
of such ordinance shall be posted by the county
clerk m three public places In such county and
In or near the entrance to at least one public
schoolhouse In each school district therein. In all
other respects, every such election shall be held
and conducted, the returns thereof canvassed and
the result thereof declared by the board of super-
visors in the same manner as provided by law
for general elections. Whenever boards of free-
holders shall be elected, or any such proposed
charter, or amendment or amendments thereto,
submitted, at a general election, the general laws
applicable to the election of county officers and
the submission of propositions to the vote of
electors, shall be followed in so far as the same
may be applicable thereto.

It shall be competent, in all charters, framad
under the authority given by this section to pro-
vide, hi addition to any other provisions allow-
abie bV this constitution, and the same shall pro-
vide, for the followhig matters;

1. For boards of supervisors and for the con-
stitution, regulation and government thereof, for



the times at which and the terms for which the
members of said board shall be elected, for the
number of members, not less than three, that
shall constitute such boards, for their compen-
sation and for their election, either by the elec-
tors of the counties at large or by districts;
provided, that in any event said boaid shaii con-
sist of one member for each district, wlio must
be a qualified elector thereof ; and

2. For sheriffs, county clerics, treasurers, re-
corders, license collectors, tax collectors, public
administrators, coroners, surveyors, district at-
torneys, auditors, assessors and superintendents
of schools, for the election or appointment of said
offlcers, or any of them, for the times at which
and the terms for which, said offlcers shall be
elected or appointed, and for their compensation,
or for the fixing of such compensation by boa.ds
of supervisors, and. If appointed, for the manner
of their appointment ; and

3. For the number of justices of the peace and
constables for each township, or for the number
of such judges and other officers of such inferior
courts as may be provided by the constitution or
general law, for the election or appointment of
said officers, for the times at which and the terms
for which said offlcers shall be elected or ap-
pointed, and for their compensation, or for the
fixing of such compensation by boards of super-
visors, and if api-ointed, for the manner of their
appointment ; and

4. For the powers and duties of boards of su-
pervisors and all other county offlcers, for their
removal and for the consoli Intlon and segrrega-
tion of county offices, and for the manner of
filling all vacancies occurring therein ; provided,
that the provisions of such charters relating to
the powers and duties of boards of supervisors
and all other county offlcers shall be subject to
and controlled by general laws; and

5. For the fixing and regulation by boards of
supervisors, by ordinance, o" the appointment
and number of assistants, deputies, clerks, at-
taches and other persons to be employed, from
time to time, in the several offlces of the county,
and for the prescribing and regulating by such
boards of the powers, duties, qualifications and
compensation of such persons, the times at which,
and terms for which they shall be appointed, and
the manner of their appointment and removal ; •
and ^ ^ ^ ,

6. For the compensation of such fish and game
wardens, probation and other offlcers as may be
provided by general law. or for the fixing of such
compensation by boards of supervisors.

All elective offlcers of counties, and of town-
ships, of road districts and of highway construc-
tion divisions therein shall be nominated and
elected in the manner provided bv general laws
for the nomination and election of such offlcers.

All charters framed under the authority given
bv this s'^ctlon. in addition to the matters herein
above specified, may provide as follows:

Fo- offlces other than those required by the
constitution and laws of the state, or for the
creation of any or all of such offlces by boa-ds
of supervisors, fc the election or appointment of
persons to fill such offlces, for the manner of such
appointment, for the times at which and the
terms for which such persons shall be so elected
or appointed, and for their compensation, or for
the fixing of such compensation by boards of
supervisors.

For offlces hereafter created by thl«^ constitu-
tion or by general law. ^or the election or an-
poir»tment of perrons to fill such offlces. 'or the
manner of such appo'nt'nent, for the times at
which and the terms for which such persons shall
be so elected or appointed, and for their com-
pensation^, c for the fixing of such compensation
by boards of supervisors.

For the formation. In such counties, of road
districts for the care, maintenance, remir. in-
spection and supervision only of roads, highways
and bridges : and for the formation, in such coun-
ties, of highway construction divisions for the
construotlon only of roads, highways and bridges;
for the in^'luslon in any such district or division,
of the whole or any nart of any incorno'-ated
city or town, uoon ordinance na^^^ed by such in-
cofnorated citv o*- town anfhoHzlng the same,
and upon the asse^it to such Inchislon by a ma-
jority of the qualified electors of such ineorpo-
Twenty-two



rated city or town, or portion thereof, proposed
to be so included, at an election held for that pur-
pose ; for the organization, government, powers
and jurisdiction of such districts and divisions,
and for raising revenue therein, for such pur-j
poses, by taxation, upon the assent of a majoritj'
of the qualified electois of such districts or divi-'
slons, voting at an election to be held for that
purpose ; for the incurring of Indebtedness there-
for by such counties, districts or divisions for
such purposes respectively, by the Issuance and
sale, by the counties, of bonds of such counties,
districts or divisions, and the expenditure o. the
proceeds of the sale of such bonds, and for levy-
ing and collecting taxes against the property of
the counties, districts or divisions, as the case
may be, for the payment of the principal and in-
terest of such indebtedness at maturity ; pro-
vided, that any such indebtedness shall not be
incurred without the assent of two thirds of the
qualified electors of the county, district or divi-
sion, as the case may be, voting at an election
to be held for that purpose, nor unless before or
at the time of incurring such indebtedness pro-
vision shall be made for the collection of an
annual tax sufficient to pay the interest on such
Indebtedness as it falls due, and also for a sinlc-
Ing fund for the payment of the principal thereof
on or before maturity, which shall not exceed
forty years from the time of contracting the
same, and the procedure for voting, issuing and
selling such bonds shall, except in so far as the
same shall be prescribed in such charters, con-
form to general laws for the authorizing and in-
curring by counties of bonded indebtedness, so
far as applicable ; provided, further, that provi-
sions in such charters for the construction, care,
maintenance, repair. Inspection and supervision
of roads, highways and bridges for which aid
from the state is granted, shall be subject to
such regulations and conditions as may be im-
posed by the legislature.

Whenever any county has framed and adopted
a charter, and the same shall have been approved
by the legislature, as herein provided, the greneral
laws adopted by the legislature in pursuance of
sections four and five of this article, shall, as tol
such county, be superseded by said charter as to
matters for which, under this section it is com-
petent to make provision in such charter, and for
which provision is made therein, except as herein
otherwise expressly provided, and except that
any such charter shall not affect the tenure of
office of the elective offlcers of the county, or of
any district, township or division thereof, in office
at the time such charter goes into effect, andl
such offlcers shall continue to hold their respec-
tive offlces until the expiration of the term for
which they shall have been elected, unless sooner
removed In the manner provided by law.

The charter of any county, adopted under the
authoritv of this section, may be surrendered and
annulled with the assent of two thirds of the
qualified electors of such county, voting at a spe-
cial election, held for that purpose, and to be
ordered and called by the board of supervisors
of the county u^on receiving a written petition,
signed and certified as hereinabove provided for
the nurposps of the adontlon of charters, re-
questing said board to submit the question of the
surrender and annulment of such charter to the
qualified electors of such county, and, in the
event of the surrender a"d annulment of any
such charter, such county shall thereafter be gov-
erned under general laws In force for the govern-
ment of counties.

The provisions of this section shall not be an-
pllcable to any county that is consolidated with
any city.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 60.
The change here proposed is slight but highly
Important Section 7* o^ article XI of the con-
stitution, making provision for county charters,
was adopted bv the people In 1911. Two coun-
ties. Los Anereles and San Bernardino, have
availed themselves of its authorization. The gen-
eral principle of the section is so sound and has
been indorsed so recently by the people of the
state, that no argument in its f^or is necessary.



But, to make the section available to counties
composed of a mixed urban and rural population,
especially counties containing several incorpo-
rated municipalities, slight changes in its provi-
sions seem indispensable.

The change here contemplated Is contained in
the paragraph numbered 4 J, which reads as
follows :

"Section 4 J. For the assumption and discharge
by county officers of certain of the municipal
functions of the cities and towns within the
county, whenever, in the case of cities and towns
incorporated under general laws, the discharge by
county officers of such municipal functions is
authorized by general law, or whenever, in the
case of cities and towns organized under section
eifrht of this article, the discharge by county
officers of such municipal functions is authorized
by provisions of the charters, or by amendments
thereto, of such cities or towns."

The counterpart of this provision is to be found
in Assembly Constitutional Amendment No. 81,
where cities are authorized to delegate certain of
their functions to county officers. There are two
classes of cities in California: (1) those organ-
ized under general laws, and (2) those operating
under freeholders' charters. For the discharge of
any municipal functions by county officials, the
provisions of this amendment, as well as those of
Assembly Constitutional Amendment No. 81,
authorize the legislature to take action with
reference to the former class of cities, and for



the local communities themselves to take action
In the case of the latter class.

The adoption of the change here proposed will
permit the welding together of all the people of
the county in carrying out such matters as are
of common interest. In counties containing but
one or two or three municipalities, it will work
towards economy in the administration of public
affairs. In a county where there are a number
of municipalities and where a large proportion of
the population is urban, the proposed change
opens the door to practical consolidation of a
county and the cities within its borders in the ad-
ministration of their common business, while
leaving each city as an entirely distinct and Inde-
pendent political unit.

There is nothing In this amendment which
trenches upon the county's position as a political
division of the state. The state's interests in the
administration of its affairs, through counties,
are left unimpaired. The whole aim and purpose
of the change proposed Is to allow the people of
the several counties to organize their government,
whether of the county type or of the city type.
In the interest of the most efficient and econom-
ical administration. At the same time, there Is
nothing compulsory on any municipality to sur-
render to a county official the discharge of any
function except upon its most deliberate deter-
mination. Wm. C. Clark,

Assemblyman Thirty-seventh District
Herbert W. Slater,
Assemblyman Thirteenth District.



REGULATION OF PUBLIC UTILITIES.

Assembly Constitutional Amendment 62 amending section 23 of article XII of constitution.

Present section unchanged except in following particulars: Railroad commission given exclusive
power to fix public utility rates in all incorporated municipalities ; such municipalities* by vote of
electors thereof, may retain that control over public utilities which relates to local, police, sani-
tary, and other regulations only, or surrender same to railroad commission ; 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.

viduals hereafter declared bv the legislature to
be public utilities shall likewise be subject to
such control and regulation. The railroad com-
mission shall have and exercise such power and
jurisdiction to supervise and regulate public util-
ities, In the State of CaH'ornla, and to fix the rates
to be charged for commodit'^s furnished, or serv-
ices rendered by public utilities as shall be con-
ferred upon It by the legislature, and the right of
the legislature to confer powers UDon the railroad
commission respecting public utilities is hereby
declared to be plenary and to be unlimited by
any provision of this constitution. From and
after the passage by the legislature of laws con-
ferring powers upon the railroad commission re-
specting public utilities, all powers respecting
such public utilities vested in boards of super-
visors, or municipal councils, or other governing
bodies of the several counties, cities and coun-
ties, cities and towns, in this state, or in any
commission created by law and existing at the
time of the passage of such laws, shall cease so
far as such powers shall conflict with the powers
so conferred upon the railroad commission ; pro-
vided, however, that this section shall not affect
such powers of control over public utilities as
relate to the making and enforcement of local,
police, sanitary and other regulations, other
than the fixing of rates, vested in any city and
county or incorporated city or town as, at
an election to be held pursuant to law, a ma-
jority of the qualified electors of such city and
countv, or incorporated city or town, voting
thereon, shall vote to retain, and until sur'h
election such powers shall continue unimpaired;
but If the vote so taken shall not favor the con-
tinuation of such powers they shall thereafter
vest in the railroad commission as provided by
law : and provided, further, that where any such
city and county or incorporated city or town shall
have elected to continue any of its powers to

THrpnty-thrw



Assembly Constitutional Amendment No. 62, a
resolution to propose to the people of the State
of California an amendment to the Constitu-
tion of the State of California by amending
section 23 of article XII, relating to public
utilities, their supervision and regulation.
The legislature of the State of California at
its regular session commencing on the 6th day
of January, in the year one thousand nine hun-
dred and thirteen, two thirds of all the members
elected to each of the two houses of said legis-
lature voting in favor thereof, hereby proposes to
the qualified electors of the State of California,
the following amendment to the Constitution of
the State of California so that section 23 of
article XII of said Constitution shall read as
follows :

PROPOSED LAW.

Section 23. Every private corporation, and
every Individual or association of individuals,
owning, operating, managing, or controlling any
commercial railroad, interburban railroad, street
railroad, canal, pipe line, plant, or equipment, or
any part of such railroad, canal, pipe line, plant
or equipment within this state, for the transpor-
tation or conveyance of passengers, or express
matter, or freight of any kind, including crude
oil, or for the transmission of telephone or tele-
graph messages, or for the production, genera-
tion, transmission, delivery or furnishing of heat.
li?ht, water or power or for the furnishing of
storage or wharfage facilities, either directly or
indirectly, to or for the public, and every com-
mon carrier, is hereby declared to be a public
utility subject to such control and regulation by
the railroad commission as may be provided by
the legislature, and every class of private cor-
porations, individuals, or associations of Indi-



make and enforce such local, police, sanitary
and other regulations, other than the fi)(ing of
rates, it may, by vote of a majority of Its qual-
ified electors voting thereon, thereafter surren-
der such powers to the railroad commission in
the manner prescribed by the legislature; and
provided, further, that this section shall not af-
fect the right of any city and county or Incor-
porated city or town to grant franchises for
public utilities upon the terms and conditions
and In the manner prescribed by law. Nothing
in this section shall be construed as a limitation
upon any power conferred upon the railroad
commission by any provision of this constitu-
tion now existing or adopted concurrently here-
with.

Section 23, article XII, proposed to be amended,
now reads as follows:

EXISTING LAW.

Section 23. Every private corporation, and
every individual or association of Individuals,
owning, operating, managing, or controlling any
commercial railroad, interurban railroad, street
railroad, canal, pipe line, plant, or equipment, or
any part of such railroad, canal, pipe line, plant
or equipment within this state, for the transpor-
tation or conveyance of passengers, or express
matter, or freight of any kind, including crude
oil, or for the transmission of telephone or tele-
graph messages, or for the production, genera-
tion, transmission, delivery or furnishing of heat,
light, water or power, or for the furnishing of
storage or wharfage facilities, either directly or
Indirectly, to or for the public, and every com-
mon carrier, Is hereby declared to be a public
utility subject to such control and regulation by
the railroad commission as may be provided by
the legislature, and every class of private corpo-
rations, Individuals, or associations of individuals
hereafter declared by the legislature to be public
utilities shall likewise be subject to such control
and regulation. The railroad commission shall
have and exercise such power and jurisdiction to
supervise and regulate public utilities. In the
State of California, and to fix the rates to be
charged for commodities furnished, or services
rendered by public utilities as shall be conferred
upon it by the legislature, and the right of the
legislature to confer powers upon the railroad
commission respecting public utilities Is hereby
declared to be plenary and to be unlimited by any
provision of this constitution.

From and after the passage by the legislature
of laws conferring powers upon the railroad com-
mission respecting public utilities, all powers re-
specting such public utilities vested in boards of
supervisors, or municipal councils, or other gov-
erning bodies of the several counties, cities and
counties, cities and towns. In this state, or in any
commission created by law and existing at the
time of the passage of such laws, shall cease so
far as such powers shall conflict with the powers
so conferred upon the railroad commission ; pro-
vided, however, that this section shall not affect
such powers of control over a7iy public utility
vested In any city and county, or incorporated
city or town as, at an election to be held pur-
suant to laws to he passed hereafter by the legis-
lature, a majority of the qualified electors voting
thereon of such city and county, or incorporated
city or town, shall vote to retain, and until such
election such powers shall continue unimpaired;
but If the vote so taken shall not favor the con-
tinuation of such powers they shall thereafter vest
in the railroad commission as provided by law ;
and provided, further, that where any such <?Ity
and county or Incorporated city or town shall
have elected to continue any powers respecting
public utilities. It may, by vote of a majority of
Its qualified electors voting thereon, thereafter
surrender such powers to the railroad commission
In the manner to be prescribed by the legislature ;
or if such municipal corporation shall have sur-
rendered any powers to the railroad commission,
it may, by like vote, thereafter reinvest itself
wtth such power. Nothing in this section shall bi
Twenty-foin"



construed as a limitation upon any power con-
ferred upon the railroad commission by any pro-
vision of this constitution now existing or adopted
concurrently herewith.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 62.

At the special election held on October 10, 1911.
the people voted almost unanimously to give to
the railroad commission control over all public
service corporations in the state, except in cer-
tain matters within incorporated cities. That
action has been fully justified by the results at-
tained in less than three years. Intelligent in-
vestigation and action by the commission has
brought about reductions in rates and Improve-
ments In service rendered by all classes of public
utilities.

The system Is still imperfect, however, in that
it leaves certain powers to be exercised by In-
corporated cities which can better be exercised by
the commission. The result has been confusion
and uncertainty as to where the commission's
jurisdiction ends and a city's jurisdiction begins.
It happens more often than otherwise that a pub-
lice utility, for example, a gas company, will serve
patrons inside and outside an incorporated city.
The lines serving the suburban population con-
stitute a part of the city plant, and while there
is but one public utility and but one plant, under
our present system of regulation there are two
rate-making powers, the legislative body of the
city, fixing rates as to the portion of the plant
within the city limits, and the railroad commis-
sion, fixing rates as to the portion outside the
city limits. Wholly unnecessary confusion is the
inevitable result.

It Is proposed by this amendment to at once



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 7 of 36)