§ 21. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

§ 22. Stats. 1917, p. 1579, repealed. An act entitled "An act to define real estate brokers, agents, salesmen, solicitors; to provide for the regulation, supervision and licensing thereof; to create the office of real estate commissioner and making an appropriation therefor," approved June 1, 1917, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

This act is constitutional: Riley v. Chambers, 181 Cal. 589, 185 Pac. 855.

The portion of the act authorizing the real estate commissioner to revoke a license is constitutional: Brecheen v. Riley, 187 Cal. 121, 200 Pac. 1042.

The amendment to § 34 of article IV of the constitution known as the Budget Amendment did not work a repeal of this act in so far as it relates to the creation of a special fund in the state treasury known as the "Real estate commissioner's fund," from which the lawful expenses of the real estate commissioner should be paid, and such fund is still in force and effect: Keiser v. State Board of Control, 66 Cal. Dec. 403, 218 Pac. 1016.

TITLE 11.
AGRICULTURE.

See "Fruit"; "Horticulture"; "Silk Culture"; "Viticulture."

ACT 113.

An act creating a department of agriculture, providing for its organiza. tion and declaring its functions; transferring to said department the powers and duties of various state agencies and the unexpended balances of their appropriations and funds; prohibiting certain acts, and prescribing penalties for violation of the provisions hereof. [Approved May 16, 1919. Stats. 1919, p. 542.]

Department of agriculture created. Director.

Appointments by director. Civil service exemptions.
Traveling expenses.

Powers and duties of director. Power of subpoena. Powers of
officers.

§ 1.

§ 2.

Divisions.

§ 3.

§ 4.

§ 5.

§ 6.

§ 7.

Duty of attorney general.

§ 8.

§ 10.

Report to governor.

Powers of existing boards, etc., transferred. Offices abolished.

$ 9. Laws to be enforced. Powers transferred to director.

Authority to spend money on hand.

§ 1. Department of agriculture created. Director. A department of the government of the state of California to be known as the department of agriculture is hereby created. The department shall be conducted under the control of an executive officer to be known as director of agriculture, which office is hereby created. The director shall be appointed by and hold office at the pleasure of the governor, and shall re

ceive a salary of five thousand dollars per annum. Before entering upon the duties of his office, the director shall execute an official bond to the state of California in the penal sum of twenty-five thousand dol lars, conditioned upon the faithful performance of his duties. He shall maintain his office at Sacramento, and shall adopt and keep an official seal. He shall act as chief of one of the divisions herein created.

§ 2. Divisions. For the purpose of administration, the department shall be organized by the director in such manner as, with the approval of the governor, shall be deemed necessary to properly segregate and conduct the work of the department. The work of the department shall be divided into at least two divisions: One to be known as the division of plant industry and one as the division of animal industry. The director shall adopt such rules and regulations not inconsistent with law as may be necessary to govern the activities of the department. He shall have the power to arrange and classify the work of the department and to assign to each of the officers thereof such duties and labors as he may see fit.

§3. Appointments by director. Civil service exemptions. The director shall have power, except as otherwise provided herein, to appoint heads of divisions and such assistants, agents, experts, and other employees as are necessary for the administration of the affairs of the department, to prescribe their duties and, subject to the approval of the governor, to fix the salaries; provided, that the director or other officer of the department shall have no authority on the part of the state to iteur obligations exceeding the amount of moneys made available by law for the support of the department. The heads of divisions, assistants, agents, experts and other employees appointed by the director shall execute to the state such official bonds as the director may determine and require. The head of each division and one position under him of a confidential nature shall be exempt from the provisions of the civil service law. The director and all officers, assistants and agents of the department shall be civil executive officers.

§ 4. Traveling expenses. All heads of divisions, assistants, agents, experts and other employees of the department shall be entitled to receive in addition to their salaries, their actual necessary traveling expenses when away from their headquarters on state business. The salaries and expenses of all heads of divisions, assistants, agents, experts and other employees of the department shall be paid at the same time and in the same manner as the salaries and expenses of other state officers are paid. § 5. Powers and duties of director. Power of subpoena. Powers of officers. The director of agriculture may make investigations and prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the department as well as relating to the acts and the statistics referred to in section nine of this act. In Connection therewith he shall have the right to inspect books and records and to hear complaints, administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding pertinent or material thereto in any part of the state.

Power to compel attendance of witnesses. In the event of the failure or the refusal of any witness to attend or testify or produce such

papers, books, accounts or documents or give such testimony or in the event of any disobedience of said subpoena, the superior court in and for the county, or city and county, in which any inquiry, investigation or proceeding may be held by the director of agriculture, shall have power to compel the attendance of said witness, the giving of said testimony and the production of said papers, including books, accounts and documents, as required by any subpoena issued by the director of agriculture. The court upon petition of the director of agriculture shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the director of agriculture. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the director of agriculture, the court shall thereupon enter an order that the said witness appear before the director of agriculture at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court.

Powers of officers. The powers conferred upon the director agriculture by the provisions of this section may be exercised with like force and effect by such officers of the department as the director may authorize and designate to conduct any such investigation or hearing; provided, however, that except in his report to the director, or when called upon to testify in any court or proceeding at law, any such officer who shall divulge any information acquired by him from the private books, documents or papers of any person, while acting or claiming to act under any such authorization or designation, in respect to the confidential or private transactions, property or business of any person, firm, association or corporation, shall be guilty of a misdemeanor and shall be disqualified from acting in any official capacity in the department. In addition thereto, such officer shall be liable in damages to any person, firm, association or corporation for all injury resulting from such unlawful disclosure.

§ 6. Report to governor. The director shall make a report to the gov ernor at least sixty days before the commencement of each biennial session of the legislature. Such report shall give an account of all matters pertaining to his department, together with any recommendations, and shall specifically set forth a statement of expenditures made by the department during the period up to and including the thirtieth day of June preceding said session. There shall also be set forth in such report a statement of the organization plan of the department, together with the number and classes of officers and employees in the department and the compensation paid the same.

§ 7. Duty of attorney general. The attorney general shall be the legal adviser of the department in all matters relating to the department and to the powers and duties of its officers. Upon request of the director, the attorney general, or under his direction, the district attorney of any county in which the action is brought, shall aid in any investigation, hearing, prosecution or trial had under the laws which the director is required to administer, and shall institute and prosecute all necessary actions or proceedings for the enforcement of such laws and

for the punishment of all violations thereof. The sheriffs and constables in the several counties shall execute all lawful orders of the director in such counties.

§ 8. Powers of existing boards, etc., transferred. Offices abolished. The director of the department of agriculture shall succeed to and is hereby vested with all the duties, powers, purposes, responsibilities and jurisdiction of the state commissioner of horticulture, of the state board of horticultural examiners, of the state dairy bureau, of the state veterinarian, of the stallion registration board, of the state board of viticultural commissioners, of the board of citrus fruit shipments, of the cattle protection board and of the several officers of such bodies and offices; and whenever by the provisions of any statute or law now in force or that may hereafter be enacted as a duty or jurisdiction is imposed or authority conferred upon any of said bodies, offices or offieers, such duty, jurisdiction and authority are hereby imposed upon and transferred to the director of the department of agriculture the same as though the title of the director of the department of agriculture had been specifically set forth and named therein. Said bodies, offices and officers whose duties, powers, purposes and responsibilities are so transferred to and vested in the director of the department of agriculture, are and each of them is hereby abolished and shall have no further legal existence, but the statutes and laws under which they existed and all laws prescribing their duties, powers, purposes and responsibilities and jurisdiction together with all lawful rules and regulations established thereunder, are hereby expressly continued in force. The department of agriculture shall also succeed to and be in control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, now or hereafter held for the benefit or use of said bodies, offices and officers.

§ 9. Laws to be enforced. Powers transferred to director. The director of the department of agriculture is hereby vested with the power and is charged with the duty of administering and enforcing the following laws:

An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infractions thereof, and means for the enforcement of the act, approved March 20, 1903, and all acts amending or supplementing said act.

An act to prevent the propagation by the production of seed of that certain plant known as Sorghum halepense, otherwise known as Johnson grass, approved March 20, 1903, and all acts amending or supplementing said act.

An act to regulate the manufacture, sale, adulteration and misbranding of insecticides or fungicides or materials used for insecticidal or fangicidal purposes and to provide penalties for the infraction thereof and to appropriate money therefor, approved May 1, 1911, and all acts amending or supplementing said act.

An act to regulate the production of certified milk, cream, ice-cream, butter and cheese; and repealing an act entitled "An act to regulate the production of certified milk," approved March 18, 1909, and all arts and parts of acts inconsistent with this act, approved April 25, 1913, and all acts amending or supplementing said act.

An act prohibiting the destruction of foodstuffs, food products or food articles, approved June 5, 1913, and all acts amending or supplementing said act.

Powers and duties transferred to director. Wherever in any of the statutes enumerated in this section or in any of the statutes amend ing or supplementing the same, a duty or jurisdiction is imposed or authority conferred upon any state board, commission, office or officer to administer the provisions of any of said statutes, such duty, jurisdiction and authority are hereby imposed upon and transferred to the director of the department of agriculture and the officers thereof with the same force and effect as if the name of the director of the department of agriculture occurred in the statute in each instance in lieu of the name of any board, commission, office or officer, or in lieu of the name of any member, deputy, assistant or employee thereof, as the case may be.

§ 10. Authority to spend money on hand. From and after the date upon which this act takes effect, the director shall be and is hereby authorized and empowered to expend the moneys in any appropriation or in any special fund in the state treasury now remaining or made available by law for the administration of the provisions of any of the statutes enumerated in section nine hereof or for the use, support, or maintenance of any board, commission, office or officer that is abolished by the provisions hereof and whose duties, powers and functions are, by the provisions of this act, transferred to and conferred upon the department of agriculture. Such expenditures by the director shall be made in accordance with law in carrying on the work for which such appropriations were made or such special funds created.

Department of Agriculture, provisions relating to: see Pol. Code, § 361 et seq.

ACT 114.

An act authorizing the director of agriculture to undertake the control and destruction of predatory wild animals, making an appropriation therefor, and repealing acts authorizing the payment of bounties on such animals.

§ 1.

§ 2.

[Approved June 18, 1923. Stats. 1923, p. 939.] Control and eradication of predatory animals. Appropriation.

§ 3. Donations. Predatory animal control fund created. § 4. Effect of act.

§ 1. Control and eradication of predatory animals. The state director of agriculture may employ hunters and expert trappers throughout the state of California for the purpose of controlling and eradicating coyotes and other harmful predatory animals. For the purpose of carrying on this work he may enter into contracts with the bureau of biological survey of the United States department of agriculture in order to enlist the support of the federal government, and to prescribe the manner, terms, and conditions of such co-operation.

§ 2. Appropriation. Out of any money in the state treasury not otherwise appropriated, the sum of fifty thousand dollars is hereby appropriated to carry out the purposes of this act.