Application to con wharf. CHAPTER LIV. An act to amend section 2606 of the Political Code of the State of California, relating to the establishment of a board of state harbor commissioners for the bay of San Diego. [Approved February 28, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section twenty-six hundred and six of the Political Code of the State of California is amended to read as follows: 2606. Every person, association or corporation desiring struct, etc., to construct, erect, extend or maintain, or to continue the maintenance of any wharf, pier, marine ways, dry dock or ship yard in the waters of San Diego bay, or to procure the extension of his or its rights to maintain any wharf, pier, marine ways, dry dock or ship yard therein, must make an application to the said commissioners, in writing, signed by the applicant or applicants, and setting forth a map, plat or plan of said wharf, pier, marine ways, dry dock or ship yard, showing the location thereof, and of the lands and waters bordering thereon or near the same, and the names of the owners, occupants, or claimants of such lands and waters, or of the use thereof. Said map, plat, or plan shall also show the dimensions, form and construction of said wharf, pier, marine ways, dry dock or ship yard, and the distance into and along said waters the same shall extend, and also show the uses and purposes to and for which said structure is to be applied and the convenience and necessity, public or private, of, or for the same. Upon the presentation Hearing of and filing of such application the commissioners must appoint a time and place for hearing the same, which shall be at least ten days and not more than twenty days from its presentation. Notice of the hearing shall be given by the said commissioners, by publication in at least two daily newspapers published in the county of San Diego, three times in the week of seven days, preceding the time appointed for the hearing. At the time and place appointed for such hearing, or such other time and place to which said hearing may be continued or adjourned, upon proof being made that notice of the hearing has been given as herein provided, the commissioners shall proceed to the examination of said application and the hearing of all parties and persons who may be brought before them touching or concerning the same, and after such hearing, and due deliberation, they may reject or refuse the said application, or grant the same as asked for, or make such conditions, restrictions, limitations, alterations or additions as they may deem necessary or proper. Such permission shall not be of charter. granted for a greater period than twenty-five (25) years. No applica tion. Duration toll. sioners chase wharf. person shall build, construct or maintain any wharf or pier or marine ways, dry dock or ship yard, on or along the waters of said bay without first having obtained permission to do so from. said commissioners, and whenever permission is granted to build, construct or maintain one, it shall be built, constructed or maintained out of material satisfactory to the said commissioners and not beyond the United States bulkhead line; provided, no franchise granted within or bordering upon the corporate limits of any city shall be valid until the same shall be ratified and confirmed by an ordinance of such city. Said commissioners shall have authority to fix a maxi- Rates of mum toll to be charged for the use of any wharf, pier, marine ways, dry dock or ship yard, whether the same has already been constructed or shall hereafter be constructed, and to make all needful rules and regulations concerning the use of the same; provided further, that if at any time the said Commiscommissioners shall desire to terminate any franchise and may purto purchase any wharf, pier, marine ways, dry dock or ship yard, and the purchase price thereof cannot be agreed upon, then the owner of said franchise shall select two disinterested persons, and the said commissioners two disinterested persons, who shall ascertain and fix the value thereof, and if three of said four persons cannot agree, then they shall appoint a fifth competent disinterested person, and any three of said five persons may fix the value thereof, and upon the payment or tender thereof by the commissioners, they shall be entitled to the possession thereof and the title thereto shall vest in the State of California, and all franchises to build, construct or maintain any wharf, pier, marine ways, dry dock or ship yard, shall contain this provision therein; provided, that in fixing such value the franchise or privilege shall not be considered as of any value; provided further, that said com- Shall fix missioners shall fix the time when work shall be commenced new strucupon any new structure and the time in which the same shall ture shall be completed, and if said structure shall not be completed pleted. within such time, or such additional time as the said commissioners shall give, then such right and franchise shall lapse and become void; provided further, that all franchises shall contain a provision to the effect that nothing therein contained shall be construed as permitting the erection or maintenance of any wharf, pier, marine ways, dry dock or ship yard, in such manner or in such place as to prevent or interfere with the erection and maintenance of a seawall in accordance with the plans heretofore adopted by said commissioners. said commissioners are hereby authorized to grant to any construct person or railroad corporation authority to construct and railroad. maintain along and over the water front of the bay of San Diego, a railroad for a period not exceeding fifty (50) years, upon such terms and conditions as said commissioners may provide; provided, that where such railroad is within the limits of any city, such grant shall be approved, ratified and confirmed by an ordinance of such city. time when be com The May grant right to SEC. 2. This act shall take effect and be in force from and after its passage. Conspiracy to commit crime against President, CHAPTER LV. An act making a conspiracy to commit any crime against the person of, or an attempt to kill or commit any assault upon, the President or Vice-President of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any executive department of the United States, a felony; and providing a penalty therefor. [Approved February 28, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. If two or more persons conspire to commit any crime against the person of the President or Vice-President of the United States, the governor of any state or territory, any etc.; pen United States justice or judge, or the secretary of any of the alty. executive departments of the United States, they are guilty of felony, and upon conviction thereof, shall be punished by imprisonment in the state prison not less than ten years. Attempt to kill SEC. 2. Every person who attempts to kill, or who commits President, any assault upon the President or Vice-President of the United penalty. States, the governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States, is guilty of a felony; and upon conviction thereof, shall be punished by imprisonment in the state prison not less than ten years. SEC. 3. This act shall take effect and be in force from and after its passage. Duties of secretary of state. CHAPTER LVI. An act to amend sections 408, 409, 410, and 420, and to repeal section 422 of the Political Code, and to add a new section thereto, to be numbered 415, all relating to the office of secretary of state. [Approved February 28, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section four hundred and eight of said code is hereby amended to read as follows: 408. In addition to the duties prescribed by the constitution, it is the duty of the secretary of state: First-To attend at every session of the legislature, for the purpose of receiving bills and resolutions thereof, and to perform such other duties as may be devolved upon him by resolution of the two houses, or either of them; Second-To keep a register of, and attest the official acts of, Duties of the governor; Third-To affix the great seal, with his attestation, to commissions, pardons, and other public instruments, to which the official signature of the governor is required; Fourth-To record in proper books all conveyances made to the state (except conveyances made under the revenue law of lands sold for taxes), and all articles of incorporation filed in his office; Fifth-To receive and record in proper books the official bonds of all the officers whose bonds are fixed by part three of this code, and then to deliver the original to the state treasurer; Sixth-To record in a proper book all changes of names certified to him by the county clerks, in the manner in which such record is now made; Seventh-To take and file in his office receipts for all books distributed by him, and to direct the county clerk of each county to do the same; Eighth-To certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor; Ninth-To furnish, on demand, to any person paying the fees therefor, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in his office; Tenth-To deliver to the superintendent of state printing, at the earliest day practicable after the final adjournment of each session of the legislature, an index of all laws, resolutions (with marginal notes), and journals, kept, passed, or adopted at such session; Eleventh-To present to the legislature, at the commencement of each session thereof, a full account of all purchases made and expenses incurred by him in furnishing fuel, lights, and stationery; Twelfth-To keep a fee book, in which must be entered all fees, commissions, and compensation of whatever nature or kind by him earned, collected, or charged, with the date, name of payor, paid or not paid, and the nature of the service in each case, which book must be verified annually by his affidavit entered therein; Thirteenth-To file in his office descriptions of seals in use by the different state officers and furnish such officers with new seals whenever required; Fourteenth-To discharge the duties of member of the state board of examiners, state capitol commissioner, state sealer of weights and measures, and all other duties required of him by law; Fifteenth-To report to the governor at the time prescribed in section three hundred and thirty-two, a detailed account of all of his official actions since his previous reports, and accompanying the report with a detailed statement, under oath, of the secretary of state. Distribution of statutes and journals. Distribu tion of manner in which all appropriations for his office have been expended. SEC. 2. Section four hundred and nine of said code is hereby amended to read as follows: 409. Immediately after the laws, resolutions, and journals mentioned in subdivision tenth of the preceding section are bound, the secretary of state must distribute the same, as follows: 1. To each department of the government at Washington, and of the government of this state, one copy; 2. To the library of congress, the state library, and to the supreme court library, two copies each; 3. To each of the states, two copies; 4. To each of our members of congress, and to each of the United States district judges, judges of the supreme and superior courts of this state, one copy; 5. To the lieutenant-governor, each member of the legislature, secretary of the senate, and clerk of the assembly, at the session when such laws and journals were adopted, one copy; 6. To each of the incorporated colleges of the state, the university, and to such other literary and scientific institutions as in his opinion may secure an interchange of works, one copy; 7. Of the laws alone, to the county clerk of each county, in the cheapest and most expeditious manner, to be by the sheriff distributed under the direction of the clerks, one copy for the board of supervisors, one copy to each county officer, and each justice of the peace and police judge; and of the journals, three copies of each house to each county clerk, for the use of the county. SEC. 3. Section four hundred and ten of said code is hereby amended to read as follows: 410. He must distribute of the bound volumes of the reports of decisions of the supreme court, as soon as he receives them: supreme court. Officers to retary of state. 1. To each state, one copy; 2. To the library of congress, the state library, and the supreme court library, two copies each; 3. To each department of this state, and to each of the United States district judges for this state, supreme and superior judges of this state, and to the judges of the police court of San Francisco, one copy; 4. To each district attorney and county clerk, one copy; 5. To the reporter of the decisions, ten copies. SEC. 4. A new section is hereby added to the Political Code, to be numbered four hundred and fifteen, to read as follows: 415. The secretary of state, to assist him in the discharge assist sec- of the duties of his office, may appoint the following executive officers and no other: One deputy secretary of state, a keeper of the archives, a bookkeeper, five recording clerks, one statistician, one janitor, one janitor's clerk, two engineers, one of whom shall serve only during the sessions of the legislature, two firemen, one of whom shall serve only during the sessions of the legislature, four porters for the capitol building, one |