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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 138 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 138 of 295)
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an order authorizing said department or departments to execute and
carry out the provisions of said notice or order, to remove any violation
specified in said order or notice. The court, or any judge thereof, is
hereby authorized to make any order specified in this section. In no
case shall the said departments or any officer thereof or the municipal
corporation be liable for costs in any action or proceeding that may be
commenced in pursuance of this act.

Fine to be lien on hotel.

§ 16. Every fine imposed by judgment under section 14 of this act
upon a hotel or lodging-house owner shall be a lien upon the house in
relation to which the fine is imposed from the time of the filing of a
certified copy of said judgment in the otfice of the recorder of the county
in which said hotel or lodging-house is situated, subject only to taxes and



1257 HOTELS. Act 1530, §§ 17, 18

assessments and water rates and to such mortgagee and mechanics' liens
as may exist thereon prior to such filing; and it shall be the duty of the
department instituting such action or proceeding upon the entry of such
judgment to forthwith file the copy as aforesaid, and such copy upon
being filed shall be forthwith indexed by the recorder in the index of
mechanics' liens.

Notice of pendency of action.

§ 17. In any action or proceeding instituted by the department or
departments charged with the enforcement of this act, the plaintiff or
petitioner may file in the county recorder's oflSce of the county where
the property affected by the action or proceeding is situated, a notice
of the pendency of such action or proceeding. Said notice may be filed
at the time of the commencement of the action or proceeding, or at any
time afterwards before final judgment or order, or at any time after
the service of any notice or order issued by said department. Such
notice shall have the same force and effect as the notice of pendency
of action provided for in the Code of Civil Procedure. Each county re-
corder with whom such notice is filed shall record it, and shall index it
in the name of each person specified in a direction subscribed by an
officer of the department instituting such action or proceeding. Any
such notice may be vacated upon the order of a judge of the court in
which such action or proceeding or proceedings was instituted or is pend-
ing. The recorder of the county where such notice is filed is hereby
directed to mark such notice and any record or docket thereof as can-
celed of record, upon the presentation and filing of a certified copy of
such order.

Owners of hotels to file names, addresses, etc,

§ 18. Every owner of a hotel or lodging-house and every lessee of
the whole house, or other person having control of a hotel or lodging-
house, shall file in the department of health a notice containing his name
and address, and also a description of the property, by street and num-
ber, and otherwise, as the case may be, in such manner as will enable
the departments charged with the enforcement of this act to easily find
the same; and also the number of rooms in each house. In case of a
transfer of any hotel or lodging-house it shall be the duty of the grantee
of such hotel or lodging-house to file in the department of health a notice
of such transfer, stating the name of the new owner, within thirty days
after such transfer. In case of the devolution of the said property by
will, it shall be the duty of the executor and the devisee, if more than
twentj' one years of age, and in the case of devolution of such property
by inheritance without a will, it shall be the duty of the heirs, or in
case all the heirs are under age, it shall be the duty of the administrator
of the deceased owner of said property to file in said department a notice
stating the death of said owner and the names of those who have suc-
ceeded to his interests, within thirty days after the death of the decedent,



Act 1530, §§ 19-23 general laws. 1258

in case he died intestate, and within thirty days after the probate of
his will if he died testate.

Notice of agent's name, etc.

§ 19. Every owner, agent or lessee of a hotel or lodging-house shall
file in the department of health a notice containing the name and ad-
dress of the agent of such house for the purpose of receiving service of
process, and also a description of the property, by street and number or
otherwise, in such manner as will enable the department charged with
the enforcement of this act to easily find the same. The name "bf the
owner or lessee may be filed for this purpose.

Names indexed.

§ 20. The names and addresses filed in accordance with sections IS
and 19 of this act shall be indexed by the department of health in such
manner that all of those filed in relation to each hotel or lodging-house
shall be together and readily ascertainable. The department of health
shall provide the necessary books and clerical assistance for that purpose,
and the expense thereof shall be paid by the municipality. Said indexes
shall be public records, open to public inspection during business hours.

Time of service.

§ 21. Every notice or order in relation to a hotel or lodging-house
shall be served five days before the time for doing the thing in relation
to which it shall have been issued.

Sufficient service.

§ 22. In any action brought by any department charged with the en-
forcement of this act in relation to a hotel or lodging-house for injunc-
tion, vacation of the premises, or other abatement of nuisance, or to
establish a lien thereon, it shall be sufficient service of summons to serve
the same as notices and orders are served under the provisions of the
Code of Civil Procedure. The plaintiff, except as hereinbefore provided,
shall be any department charged with the enforcement of this act.

Boiler-rooms. Fire-escapes.

§ 23. All stoam boilers, heating furnaces, or wnter-heating apparatus
using any fuel other than coal-gas or natural gas, installed in any hotel
or lodging-house, shall be inclosed in a room with walls of masonry, re-
inforced concrete, terra cotta or tile from the floor to the ceiling and
with ceiling of same construction or of not less than three-fourths inch
plaster or metal lath. No wood shall be used in the construction of the
floor. All windows shall be of wired glass not less than one-quarter of
an inch thick in metal frames and sashes. "Where oil is burned every
doorway shall have a masonry sill not less than six inches from the
floor. Where oil is burned the furnace or heating apparatus shall not
be fed by a gravity flow. All doors leading from said room shall be fire-
doors and either run on tracks or arranged to swing out and to close



1259 HOTELS. Act 1530, §§ 24, 25

automatically. All fire-doors shall overlap the wall at least four inches
at sides and top. Sills shall be of metal at least one-quarter inch thick
on masonry or of masonry, and have horizontal faces extending under
fire-doors and outer edges flush with outer surface of fire doors. Top
of sliding doors shall conform to incline on the track, which shall be
three-quarters inch to the foot. No door shall be hung on wooden frame
or in contact with any woodwork. Fire-doors shall be made of three
thicknesses of seven-eighths inch by six inches tongued and grooved red-
wood boards, surfaced on both sides, the outer thicknesses to be vertical
or diagonal and the inner thickness to be horizontal, nailed with clinched
nails. Said doors shall be entirely covered with good tin plate ("IC"
charcoal, one hundred and nine pounds to the box), not over fourteen
inches by twenty inches in size, laid with locked joints covering nail
heads, and all vertical seams shall be double locked. No solder shall be
used. Such doors shall have hinges, hangers, latches and chafing strips
of wrought iron bolted to the doors, and when sliding doors shall have
steel tracks and wrought iron stops and binders bolted through the wall.
Swinging doors shall have wall eyes of wrought iron built into or bolted
through the wall. Every hotel or lodging-house hereafter constructed
of more than two stories in height shall have at least one standard fire-
escape on the front thereof and at least one other standard fire escape
at some other part of the building. A hotel or lodging-house upon a
corner lot shall have a standard fire-escape on each frontage. Such fire-
escape shall have a balcony at the level of the second floor and a balcony
at the level of the floor of each succeeding story above such second
floor and from the topmost balcony shall have a gooseneck ladder running
up over the fire wall and onto the roof.

Wooden hotels.

§ 24. Hotels and lodging-houses may be constructed of wood to a
height not exceeding forty feet and shall contain not more than three
stories and basement within the said forty feet. In the case of a wooden
building on a lot with the grade sloping downward from the facade at
which the measurement is taken, the height of the building at any point
of the grade shall not exceed fifty feet above the adjoining curb in case
of corner lots, or above the natural level of the ground in case of inside
lots.

Repealed.

§ 25. All statutes of the state and ordinances of incorporated towns,
incorporated cities, and cities and counties, as far as inconsistent with
the provisions of this act, are hereby repealed; provided, that nothing
in this act contained shall be construed as repealing or abrogating any
present law or ordinance of any incorporated town, incorporated city oi
city and county of the state, making further restrictions than are made
in this act.



Act 1537, §§ 1,2 GENERAL LAWS. 1260

Building permit. License.

§ 26. Every person desiring to construct or alter a hotel or lodging-
house, or to convert a house into a hotel or lodging-house, shall obtain
a permit from the department charged with the enforcement of this act.
Every owner or lessee of a hotel or lodging-house shall obtain at the
beginning of each year a license from the health department or other
department designated by municipal ordinance for that purpose.

TITLE 220.

HOURS OF LABOR.
ACT 1537.

An act limiting the hours of labor of females employed in any mann
facturing, mechanical or mercantile establishment, laundry, hotel,
or restaurant, or telegraph or telephone establishment or office, or by
any express or transportation company; compelling each employer
in any manufacturing, mechanical, or mercantile establishment, laun-
dry, hotel or restaurant, or other establishment employing any female
to provide suitable seats for all female employees and to permit them
to use such seats when they are not engaged in the active duties of
their emploj'ment; and providing a penalty for failure, neglect or re-
fusal of the employer to comply with the provisions of this act, and
for permitting or suffering any overseer, superintendent, foreman or
other agent of any such employer to violate the provisions of this
act.

[Approved March 22, 1911. Stats. 1911, p. 437.]

Entirely amended 1913, page 713, as follows:

Females not to work more than eight hours per day. Not applicable to
harvesting, etc.
§ 1. No female shall be employed in any manufacturing, mechanical
or mercantile establishment, laundry, hotel, public lodging-house, apart-
ment house, hospital, place of amusement, or restaurant, or telegraph or
telephone establishment or office, or liy any express or transportation
company in this state more than eight hours during any one day or more
than forty-eight hours in one week. The hours of work may be so
arranged as to permit the employment of females at any time so that
they shall not work more than eight hours during the twenty-four hours
of one day, or forty-eight hours during any one week; provided, how-
ever, that the provisions of this section in relation to hours of employ-
ment shall not apply to nor affect the harvesting, curing, canning or
drying of any variety of perishable fruit or vegetable, nor to graduate
nurses in hospitals. [Amendment approved June 12, 1913; Stats. 1913,
p. 714.]

Seats for female employees.

§ 2. Every employer in any manufacturing, mechanical or mercantile
establishment, laundry, hotel, or restaurant, or other establishment em-



12G1 IMMIGRATION. Act 1589

ploying any female, shall provide suitable seats for all female employees,
and shall permit them to use such seats when they are not engaged in the
active duties of their employment. [Amendment approved June 12, 1913;
Stats. 1913, p. 714.]

Enforcement of act.

§ 3. The Inireau of labor statistics shall enforce the provisions of this
act. The commissioner, his deputies and agents, shall have all powers
and authority of sheriffs or other peace officers, to make arrests for viola-
tions of the provisions of this act, and to serve all processes and notices
thereunder throughout the state. [Amendment approved June 12, 1913;
Stats. 1913, p. 714.]

Penalty. Disposition of fines.

§ 4. Any employer who shall permit or require any female to work
in any of the places mentioned in section 1 more than the number of
hours provided for in this act during any day of twenty-four hours, or
who shall fail, neglect, or refuse to so arrange the work of females in
his employ so that they shall not work more than the number of hours
provided for in this act during any day of twenty-four hours, or who
shall fail, neglect, or refuse to provide suitable seats as provided in sec-
tion 2 of this act, or who shall permit or suffer any overseer, superin
tendent, foreman, or other agent of any such employer to violate any
of the provisions of this act, chall be guilty of a misdemeanor, and upon
conviction thereof shall be punished for a first offense, by a fine of not
less than twenty-five dollars nor more than fifty dollars; for a second
offense, by a fine of not less than one hundred dollars nor more than two
hundred and fifty dollars; or by imprisonment for not more than sixty
days, or by both such fine and imprisonment. All fines imposed and col-
lected under the provisions of this act shall be paid into the state
treasurj' and credited to the contingent fund of the bureau of labor sta-
tistics. [New section approved June 12, 1913; Stats. 1913, p. 714.]
Citations. Cal. 162/691, 692.

TITLE 227,

IMMIGKATION.
ACT 1589.

An act relating to immigrants and immigration, creating a commission
of immigration and housing, providing for the employment by said
commission of a secretary, agents and other employees, authorizing
said commission to fix their compensation, prescribing the duties of
said commission, providing for the investigation by said commission
of all things affecting immigrants, and for the care, protection and
welfare of immigrants, and making an appropriation for the purpose
of carrying out the provisions hereof.

[Approved June 12, 1913. Stats. 1913, p. 608.]



Act 1589, §§ 1-4 GENERAL LAWS. 1262

Commissioners of immigration and housing.

§ 1. Within thirty days after this act shall go into effect, the governor
of the state shall appoint five suitable persons to act as commissioners
of immigration and housing. Said commissioners shall hold office and
serve solely at the pleasure of the governor and not otherwise.

Compensation.

§ 2. Said commissioners shall serve without compensation, but shall
be entitled to receive from the state their actual necessary expenses while
traveling on the business of the commission, either within or without the
state of California.

Organization of commission, seal, quorum, etc. Va-cancy. Headquarters.

§ 3. The commission shall be known as the "commission of immigra-
tion and housing of California." It shall have a seal for the authentica-
tion of its orders and proceedings upon which shall be inscribed the
words "commission of immigration and housing — California — seal." Each
member of the commission, before entering upon the duties of his office,
shall take the oath of office as prescribed by the Political Code for state
officers in general, and must execute an official bond in the sum of five
thousand dollars. Within thirty days after appointment, the commission
shall meet at the state eapitol and organize, selecting a president, a vice-
president and secretary. A majority of the commission shall constitute
a quorum for the exercise of the powers or authority conferred upon it.
Whenever a vacancy occurs in the commission, from any cause whatso-
ever, such vacancy shall be filled by the governor, as provided in sec-
tion 1 for the original creation of the commission. In case of a vacancy,
the remaining members shall exercise all the powers and authority of the
commission until such vacancy is filled. The commission shall maintain
its headquarters and principal office in the city and county of San Fran-
cisco, and may establish branch offices at anj' place or places which in
the judgment of the commission may be deemed advisable. The commis-
sion may, however, hold sessions at any place other than its offices when
the convenience of the commission and the parties interested so requires.

Em.ployees.

§ 4. For the purpose of carrying out the provisions of this act, the
said commission is authorized to employ such expert and other employees
as it may deem necessary, and upon such terms and for such compensa-
tion as it may deem proper. The said commission shall have power to
enter into contracts of employment with such persons as it may desire
to employ for a definite period of time; but no contract shall be made
for more than one year. The employees of the commission shall be en-
titled to receive from the state their actual necessary expenses while
traveling on the business of the commission, either within or without the
state of California.



1263 IMMIGRATION. Act 1589, §§ 5, 6

Powers and duties of commission. Emplojrment bureaus.

§ 5. The commission of immigration and housing shall have the power
to make full inquiry, examination and investigation into the condition,
welfare and industrial opportunities of all immigrants arriving and being
within the state. The commission shall also gather information as to
the agricultural possibilities and opportunities for settlement on land
within the state; such information to include soil and agricultural sur-
veys of the arable land within the state and other data relating to the
price and productivity of land. The commission shall also have power
to collect information with respect to the need and demand for labor by
the several agricultural, industrial and other productive activities, includ-
ing public works, within the state; to gather information with respect
to the supply of labor afforded by such immigrants as they shall from
time to time arrive or be within the state; to ascertain the occupations
for which such immigrants shall be best adapted, and to bring about
intercommunication between them and the several activities requiring
labor which will best promote their respective needs; to investigate and
determine the genuineness of any application for labor that may be re-
ceived and the treatment accorded to those for whom employment shall
be secured; to co-operate with the state employment bureaus, municipal
employment bureaus, and with private employment agencies within the
state, and also with the employment and immigration bureaus conducted
under the authority of the federal government or by the government of
any other state, and with public and philanthropic agencies designed to
aid in the distribution and employment of immigrants; aad to devise and
carry out such other suitable methods as will tend to prevent or relieve
congestion and obviate unemployment; and to collect and publish, in
English or foreign languages, for distribution among immigrants, in, or
embarked for, California, such information as is deemed essential to their
protection, distribution, education and welfare; and said commission is
hereby empowered and authorized to have printed by the state printer
any such reports or information, records or proceedings as it may deem
necessary or proper; and if for any reason the state printer is not
equipped to do any part of said work, then the said commission shall have
the right and the authority to have the same done elsewhere upon such
terms and conditions as it may deem proper.

Co-operation with federal, etc., authorities. Children of school age. In-
struction in English. Playgrounds.

§ 6. The commission shall co-operate with the proper authorities and
organizations, federal, state, county, municipal and private, with the ob-
ject in view of bringing to the immigrant the best opportunities for
acquiring education and citizenship. To that end it shall procure from,
or with the consent of, the federal authorities, complete lists giving the
names, ages and destination within the state of all immigrant children
of school age, and such other facts a's will tend to identify them, and
shall forthwith deliver copies of such lists to the superintendent of public



Act 1589, § 7 GENERAL LAWS. 1264

instruction or the several boards of education and school boards in the
respective localities within the state to which said children shall be des-
tined, to aid in the enforcement of the provisions of the education law
relative to the compulsory attendance at school of children of school age.
The commission shall further co-operate with the superintendent of public
instruction and with the several boards of education in the state to as-
certain the necessity for and the extent to which instruction should be
imparted to immigrants within the state and to de%Mse methods for the
proper instruction of adult and minor aliens in the English language and
other subjects; and in respect to the duties and rights of citizenship and
the fundamental principles of the American system of government; and
shall co-operate with the proper authorities and with private agencies to
put into operation practical devices for training for citizenship and for
encouraging naturalization. It shall be the aim to communicate this
instruction to the immigrant as soon after his arrival as is practicable.
The commission shall co-operate with the proper authorities to extend
this education for both children and adults to labor camps and other
localities from which the regular schools are not easily accessible. The
commission in co-operation with the proper authorities and organizations
shall encourage the establishment of playgrounds and other recreational
activities, and also the establishment of settlements and social centers
in cities and towns.

Inspection of labor camps, etc. Housing conditions. Ticket agents. Aid
societies.
§ 7. With the object in view of rendering to the immigrant that pro-
tection to which they are entitled, the commission of immigration and
housing may inspect all labor camps within the state, and may inspect
all employment and contract agencies dealing with immigrants or who
secure or negotiate contracts for their employment within the state; may
investigate the banking relations that exist between immigrants and
laborers; may investigate and inspect institutions established for the tem-
porary shelter and care of immigrants and such philanthropic societies
as shall be organized for the purpose of securing employment for or aid-
ing in the distribution of immigrants, and the methods by which they
are conducted; and shall investigate housing conditions under which im-
migrants live, and sanitary and safety conditions under which immigrants
are employed; it shall further investigate conditions prevailing at the
various places where immigrants are lauded within the state and at the
several docks, ferries, railway stations, and on trains and boats therein,
and shall investigate any and all complaints with respect to frauds,
extortion, incompetency and improper practices by notaries public and
other public officials; it shall further investigate the relations existing
between immigrants and steamship and railway ticket agents, hotel run-
ners, cab-men, baggage-men, interpreters and pawnbrokers; it shall fur-
ther investigate the dealings carried on between immigrants and real
estate firms or corporations; and as the result of any of the above inspec-



1265 IMMIGRATION. Act 1589, §§ 8, 9

tions or investigations, if it should find evidences of fraud, crime, extor-
tion, incompetency, improper practices or exploitation, it shall be the
duty of the commission of immigration and housing to present to the
proper authorities the evidences for action thereon, and shall bring to
bear all the authority within its power to see that justice is rendered.



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 138 of 295)