Copyright
California.

Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 127 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 127 of 295)
Font size
QR-code for this ebook


within this state in any car, vessel or vehicle that carries passengers
for hire, or place or carry any explosive while on board any such car,
vessel or vehicle, in any hand baggage, roll or container, or place any
explosive in any baggage thereafter checked with any common carrier,
and any person violating any of the provisions of this section shall be
deemed guilty of a felony and upon conviction thereof shall be punished
by imprisonment in the penitentiary not exceeding two years.



Act 1093a, §§ 1-3 general laws. 1158

Municipal ordinance.

§ 15. Nothing in this act contained shall prevent the operation of,
or modify, alter, set aside or supersede the provisions of any municipal
ordinance respecting the delivery, storing and handling of explosives.

Interstate shipment.

§ 16. Nothing in this act contained shall regulate or apply to any
shipment of explosives from a point within this state, consigned to a
point without this state, over a line or lines of one or more common
carriers.

TITLE 158a.

EXPOSITIONS.
ACT 1093a.

An act giving and granting to the board of park commissioners of the
city of San Diego the right to use and the right to authorize the use
of Balboa Park in said city for exposition purposes.

[Approved March 24, 1911. Stats. 1911, p. 478.]

Use of San Diego park for exposition.

§ 1. The board of park commissioners of the city of San Diego, Cali-
fornia, is hereby authorized and empowered to use, or authorize any
exposition company to use, anj' part or portion of the lands set aside as
a public park by resolution of the board of trustees of the city of San
Diego and approved and ratified by an act of the legislature of the state
of California, approved February 4, 1870, for the purpose of giving
an exposition in the year 1915 to celebrate the completion of the Panama
canal.

Powers of park commissioners.

§ 2. The board of park commissioners of the city of San Diego is
hereby authorized and empowered to inclose any part or portion of said
park which may be set aside for the use herein set forth and charge an
entrance or admission fee to said exposition, and may sell, give, or grant,
to any person or persons, association or associatiotns, corporation or cor-
porations, such rights, privileges and concessions as are usually granted
by expositions, or such rights, privileges, and concessions as may be
expedient or necessary to the success of said exposition, and said city
may charge and collect compensation therefor. The power and authority
conferred by this act on the said board of park commissioners of the
city of San Diego may be by said city delegated to any exposition com-
pany or corporation now or hereafter organized for the purpose of pro-
moting, financing, or giving said exposition.

Applies only to Balboa Park.

§ 3. This act shall not apply to any park lands owned by the citv
of San Diego other than pueblo lots 1129, 1130, 1131, 1135, 1136, 1137,



1159 EXPOSITIONS. Aetl093b, §§ 1-3

1142, and a portion of pueblo lot 1144, according to the official survey
of the city of San Diego by Charles H. Poole,, made in 1856, which
pueblo lots are now and shall hereafter be known and designated as
Ealboa Park.

ACT 1093b.

An act to provide for a state exhibit at the Panama-California Exposi-
tion, to be held in San Dief^jo, California, in 1915, to celebrate the
completion of the Panama canal and providing for the erection of
necessary buildings therefor; creating a commission to have the
charge and control of said exhibition and making an appropriation
therefor.

[Approved April 1, 1911. Stats. 1911, p. 559.]

Panama-California Exposition Commissioners. Bond.

§ 1. It is made the duty of the governor of the state of California,
within thirty days after the passage of this act, to appoint three com-
missioners who shall be removable at the pleasure of the governor, and
who shall constitute the Panama-California Exposition Commissioners.
Said Panama-California Exposition Commissioners shall have the exclu-
sive charge and control of the expenditure of all moneys appropriated
by the state of California for the construction of buildings and main-
taining an exhibit of the products of the state of California at said
exhibition and for the purpose of properly representing the state of
California at said exposition, to be held in the city of San Diego, state of
California, in 1915. Each of said commissioners shall execute and file
with the secretary of state, within thirty days after his appointment
by the governor, good and suffi.cient bond in the sum of ten thousand
dollars made to the people of the state of California, which bond shall
be approved by the governor and shall be conditioned for the faithful
performance of said commissioners of all their duties as such commis-
sionera.

No compensation.

§ 2. Said commissioners shall receive no compensation for their ser-
vices but they shall be allowed their actual expenses not exceeding one
thousand dollars.

Appropriation.

§ 3. The sum of fifty thousand dollars or as much thereof as may
be necessary, is hereby appropriated out of any moneys in the state
treasury not otherwise appropriated to meet the expense of preparing
the plans and specifications and constructing the foundation for an ex-
position building, to be erected at the Panama-California Exposition, to
be held in San Diego in the year 1915, which plans and specifications
shall provide for a building to cost not less than two hundred and fifty
thousand dollars. The amount herein appropriated shall be available
on and after July 1, 1912.



Acts 1093c, 1093d general laws. 1160

Controller to draw warrant.

§ 4. The state controller is hereby authorized and directed to draw
his warrant or warrants on the general fund from time to time for such
portions of said sum of fifty thousand dollars and in favor of such per-
sons as the majority of said commissioners shall direct and the state
treasurer is hereby authorized and directed to pay the same.

State institutions to assist.

§ 5. It shall be the duty of the state institutions of the state of
California to assist the commission in every possible way by loaning it
such material in their possession as will add to the attractive features
of the state exhibit at said Panama-California Exposition.

Exemptions.

§ 6. This act is exempt from the provisions of section 672 of the
Political Code of the state of California, and from the provisions of an
act entitled "An act to regulate contracts on behalf of the state in
relation to the erection, construction, alteration, repair or improvement
of any state structure, building, road, or other state improvement of any
kind and to repeal an act entitled 'An act to regulate contracts on be-
half of the state in relation to erections and buildings, approved March
28, 1876'" (approved March 22, 1909).

ACT 1093c.

An act appropriating money to pay the expense of maintaining an ex-
hibit of the products of the state of California at the Italian Inter-
national Exposition, to be held in the citv of Turin, kingdom of
Italy, in the year 1911. [Approved April" 25, 1911. Stats. 1911,
p. TllO.]
The act appropriated ten thousand dollars for the purpose indicated.

ACT 1093d,

An act relating to the Panama-Pacific International Exposition Com-
mission of the state of California and defining its powers and duties.
[Approved March 4, 1911. Stats. 1911, p. 273.]

Panama-Pacific International Exposition Commission. Seal.

§ 1. The Panama-Pacific International Exjiosition Commission, after
the appointment by the governor of the members thereof, sh.ill imme-
diately organize and establish offices in the city and county of San Fran-
cisco. At the time of the appointment of said commission, the governor
shall designate the president thereof, and the member so designated
shall be the president of said commission. Should any vacancy there-
after occur in the presidency of said commission the governor shall
designate and appoint a member of said commissiou to be the president
thereof. Three members of said commission shall constitute a quorum
for the transaction of business. Said commission shall adopt a seal



1161 EXPOSITIONS. Act 1093d, §§2-4

having thereon the words "Panama-Pacific International Exposition Com-
mission of the State of California," and shall file with the state con-
troller and state treasurer a certificate of the imprint of such seal, and
all signatures of persons authorized by said commission to sign contracts,
claims or other documents on behalf of said commission.

Powers and duties.

§ 2. For the purppse of performing the duties imposed by law upon
said commission, it shall have power and authority to appoint and em-
ploy a secretary, executive officers, and such other assistants or persons
as it may deem necessary, and fix their compensations. All of the officers
and employees so appointed shall hold office at the pleasure of the com-
mission. All expenses of said commission and all salaries of em-
ployees shall be payable out of the Panama-Pacific International Exposi-
tion fund upon proper warrants drawn therefor as hereinafter specified.
The said commissioners shall receive their actual traveling expenses.
The commission shall have full and complete power and authority to
carry out the provisions of this act and of section 22 of article 4 of
the constitution of the state of California, and the particular enumera-
tion herein of powers and duties of said commission shall not be con-
strued to be a limitation or restriction of the full and complete power
and authority of the commission.

Powers and duties.

§ 3. Said commission shall have power to make and execute all con-
tracts and agreements necessary to the business of said commission or
to carry out the purposes of this act and section 22 of article 4 of the
constitution of the state of California. All contracts, made by said
commission, shall be executed in triplicate signed by the president
thereof and executed under the seal of said commission, and one copy
thereof shall be immediately filed with the state controller. No con-
tract or agreement shall be made by said commission unless the parties
thereto shall waive therein all claims and recourse against the state of
California for loss or damage of person and property arising from,
growing out of or in any way connected with or incident to such con-
tract or agreement, and all contracts or agreements made by said com-
mission in violation of this provision for waiver shall be void.

Audit claims.

§ 4. The said commission, through the president or such other officer
as it shall authorize, shall audit all claims and demands for moneys
expended by it, or for expenditures of money which they have authorized
in writing, and shall certify such claims and demands to the state con-
troller who shall thereupon draw his warrants therefor upon the state
treasurer payable out of said Panama-Pacific International Exposition
fund, and the state treasurer shall pay the same.



Act 1093d, §§ 5, 6 general laws. 1162

Agreements with PanamJuPacific International Exposition Company.

§ 5. Said commission shall have power to make and enter into, with
the Panama-Pacific International Exposition Company, a corporation,
organized under the laws of the state of California on the twenty-second
day of March, 1910, any and all agreements which, in the opinion of said
commission, they shall deem necessary or advisable to bring about the
union or joint action of said commission and said corporation in further-
ance of said Panama-Pacific International Exposition, or that they shall
deem necessary or advisable to carry into effect the provisions of this
act and section 22 of article 4 of the constitution of the state of Cali-
fornia; provided, however, that all moneys received or realized by said
commission for the benefit of the state of California under such agree-
ment, shall be immediately deposited by the commission with the state
treasurer to the credit of said Panama-Pacific International Exposition
fund; said moneys so deposited by said commission shall be subject to
the charge and control of said commission in like manner as other
moneys in said fund; provided, further, that any exhibitor shall be per-
mitted to unpack, install, maintain and repack ail exhibits in such man-
ner as he may see fit, subject to uniform rules and regulations established
by the exposition authorities and approved by the commission appointed
under the terms of this act.

Expenditure of funds.

§ 6. The said commission shall determine whether any of said fund
or any of the moneys under its control shall be expended for any specific
purpose in connection with said Panama-Pacific International Exposi-
tion, and whether any contract of any character sRall be entered into at
any time with said Panama-Pacific International Exposition Company,
and the determination of the said commission as to the expenditure of
any sum of money, or as to the making of any contract, or as to the
advisability, necessity or advantage of any act in connection with said
fund, shall be final and conclusive. In making expenditures in pursuance
of this act and in pursuance of the provisions of section 22 of article
4 of the constitution of the state of California or in performing any
act in reference to said fund or in the making of any contract with
said exposition company, the said commission shall make such investiga-
tions as it may deem advisable or proper and may in any manner that
it deems appropriate, inform itself in reference to any matter or thing;
and may ask and demand at any time and as often as it desires of the
said Panama-Pacific International Exposition Company, a corporation, a
full and complete detailed statement of the receipts of said corporation
and of the expenditures for any purpose whatsoever, made or to be made,
or incurred by said Panama-Pacific International Exposition Company,
a corporation, and may at any time and as often as it desires, examine
the books, records, contracts, accounts, vouchers, and all papers of every
sort and character, in the possession of, kept or used by the Panama-
Pacific International Exposition Company, a corporation, and the said



1163 EXPOSITIONS. Act 1093d, §§ 7-9

books, records, contracts, accounts, vouchers and all papers of every sort
and character of the said Panama-Pacific International Exposition Com-
pany, a corporation, shall be open to inspection of the said commission or
its authorized agents, at all times; and if the said Panama-Pacific Inter-
national Exposition Company, a corporation, shall fail or refuse, or neg-
lect to permit an inspection, or examination, or investigation by said
commission, or by any person or persons said commission may designate,
of its said books, records, contracts, accounts, vouchers and papers, or
any of them, then and in that event, the said commission may hold, de-
termine and decide such failure, refusal or neglect on the part of said
Panama-Pacific International Exposition Company, a corporation, to be
ample and sufficient reason and justification for the refusal or the failure
of said commission to make any expenditures, or to execute any contract,
or to pay or disburse any sum of money.

Accounting system.

§ 7. The said commission shall ask and demand that in the expendi-
ture of any fund in connection or conjunction with the fund herein de-
scribed, proper books of account shall be kept and' maintained and an
appropriate accounting system shall be had, and that such records and
books shall be maintained and kept within the city and county of San
Francisco, as will enable a person of ordinary understanding from an
inspection thereof to determine the source and amount of all income and
moneys received and the exact purpose, in detail, for which expendi-
tures are made or moneys paid.

Successors of Panajna-Pacific International Exposition Company.

§ 8. All the provisions of this act shall apply to the successors oi
assigns of the Panama-Pacific International Exposition Company, a cor-
poration, and wherever in this act the said corporation is referred to, the
said provisions shall in case any other corporation or company, or indi-
vidual, shall succeed to the rights of said corporation, or be substituted
in its place, or shall undertake to hold the said exposition, be applicable
to such other corporation, person or company.

State not liable.

§ 9. The state of California shall not in any manner, or under any
circumstances, be liable for any of the acts, doings, or proceedings of
any person, association or corporation with whom said commission shall
act, co-operate, or join to carry out the purposes of this act, or of section
22 of article 4 of the constitution of the state of California, nor for
the services, salarj% labor or wages of anj- offices, agents, servants, or
employees of such person, association or corporation, nor for any debts,
liabilities or expenses of any kind whatsoever of such person, association
or corporation, provided, however, that the commission may, in its dis-
cretion, employ the same persons, servants, agents or officers that may
be employed by such person, association or corporation with which said
commission shall act, co-operate and join to carry out the purposes of



Act 1093d, §§ 10-15 GENERAL LAWS. 1164

ttis act, and contribute to or pay the whole or any part of their com-
pensation.

No member of commission liable.

§ 10. No member of said commission, or employee thereunder, or any
officers thereof, shall be personally liable for any debts or obligations, or
liability that may be created or incurred by said commission or by the
state of California acting by or through said commission. Neither said
commission nor any member thereof shall be liable in damages for the
negligence, default or wrongful act of any of the agents, servants or
employees of said commission.

Commission may sue.

§ 11. Said commission may execute contracts, hold property or sue in
its own name as the Panama-Pacific International Exposition Commis-
sion of the state of California. The provisions of an act entitled: "An
act to authorize suits against the state, and regulating the procedure
therein," approved February 28, 1893, shall not apply to any claim or
contract made by said commission or for negligence of said commis-
sioners.

Financial statement.

§ 12. Said commission shall, on the first day of December of each
year, file with the state controller a financial statement under the seal
of said commission, and verified by the members thereof, which state-
ment shall show in detail the disposition of all moneys expended by it
and to whom the same were paid; all expenditures contracted by it, all
amounts paid thereon, and the balance due, if any, and shall file with
rfuch financial statement a report of all proceedings of said commission,
the work accomplished by it, and the plans proposed and the status of
all matters under or in connection with the work of said commission
and its funds. Upon completion of all work by said commission at the
time fixed by law, said commission shall render a full, complete and
final report, and file the same with the state controller.

Claims exempt from section 672.

§ 13. All claims and demands arising under or in consequence of any
contract or agreement made by said commission, and all expenditures
authorized by it, shall be exempt from the provisions of section 672 of
the Political Code.

Indebtedness.

§ 14. Indebtedness incurred and warrants issued by said commission
shall be payable only from the Panama-Pacific International Exposition
fund, and shall never be or become general indebtedness of the state of
California.

Profits of exposition.

§ 15. The commission shall make such contracts as it may deem
necessary or appropriate to insure to the state of California, its proper-



11G5 EXPOSITIONS. Act 1093d, §§ 16-20

tionate share in the returns, income, profits and holdings of said exposi-
tion and shall perform such acts as to it may seem requisite for the pro-
tection of the interests of the state of California in such returns, income,
profits and holdings and shall do all things it may deem advisable to
enable the state to receive its proportionate share of said returns, in-
come, profits and holdings, and to this end, if said commission shall deem
it advisable, it may provide for its participation in the management and
control of the said exposition.

Tax levy.

§ 16. The state board of equalization shall, at the time mentioned in
section 3G96 of the Political Code, for the fiscal year beginning July
first in the year one thousand nine hundred and eleven, and for each
fiscal year thereafter, to and including the fiscal year Ijeginning July
first in the year one thousand nine hundred and fourteen, fix, establish
and levy such an ad valorem rate of taxation, upon every kind and
character of property in the state of California not exempt from taxa-
tion on the first day of July in the year one thousand nine hundred and
ten, as when levied upon all the property in this section mentioned, after
making due allowance for delinquency, shall raise for each of said fiscal
years, the sum of one million two hundred and fifty thousand dollars.

Tax collected.

§ 17. The taxes assessed, levied and collected for state purposes under
the provisions of sections 3820, 3S21, 3822, 3823, of the Political Code
shall be deemed to have been assessed, levied and collected for the pur-
poses of raising to the extent of the amount collected, the moneys di-
rected to be raised by section 22 of article 4 of the constitution of this
state as that section was amended on the eighth day of November in the
year one thousand nine hundred and ten and as required by section 16
of this act.

Exposition fund.

§ 18. All money collected by taxation as in this act provided shall
be paid over to the state treasurer at the time and in the manner pro-
vided in chapter 10, part 3, title 9 of the Political Code and by said
state treasurer credited to a fund to be known as the Panama-Pacific
International Exposition fund and paid out as provided in section 4
hereof.

Disposition of surplus.

§ 19. Any money remaining in the Panama-Pacific International Ex-
position fund after the filing of the complete and final report of said
commission shall be transferred to the general fund of the state of
California.

§ 20. This act shall take effect immediately.

See amendment to state constitution authorizing state to appropriate five mil-
lion dollars for the exposition: Stats. 1910, p. 4. See, also, amendment to char-



Actl093e, §§ 1-4 general laws. 1166

ter of San Francisco, authorizing that city to issue bonds for five million dollars,
for the same purpose: Stats. 1910, p. 2.

ACT 1093e.

An act appropriating two hundred thousand dollars ($200,000) to com-
plete the construction of the exposition building of the state of
California at the Panama-California exposition to be held in San
Diego, California, during the year 1915.

[Approved June 6, 1913. Stats. 1913, p. 893.]

Appropriation, State building, Panama-California Exposition.

§ 1. The sum of two hundred thousand dollars ($200,000), or so much
thereof as may be necessary, is hereby appropriated out of any money
in the state treasury not otherwise appropriated to be used in the con-
struction of that certain exposition building authorized by an act entitled
"An act to provide for a state exhibit at the Panama-California Exposi-
tion, to be held in San Diego, California, in 1915, to celebrate the com-
pletion of the Panama canal, and providing for the erection of necessary
buildings therefor; creating a commi-^sion to have charge and control
of said exposition and making an appropriation therefor," approved
April 1, 1911.

Controller authorized to draw warrant.

§ 2. The state controller is hereby authorized and directed to draw
his warrant or warrants on the general fund from time to time for
such portion of said sum of two. hundred thousand dollars ($200,000)
and in favor, of such persons as the majority of the Panama-California
exposition commissioners shall direct, and the state treasurer is hereby
authorized and directed to pay the same.

Audit of bills.

§ 3. All bills for material and labor in carrying out the provisions
of section 1 of this act sh;ill be audited and apjiroved by the Panama-
California Exposition Commissioners of the said exposition before being
paid.

Exempt from Political Code, section 672.

§ 4. This act is exempt from the provisions of section 672 of the



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 127 of 295)