An act to provide for the appointment of policemen, with the powers of peace officers, to serve upon the premises, cars or boats of railroad and steamship companies.

[Approved March 23, 1901; Stats. 1901, p. 666.]

§ 1. Railroad special police.

§ 2. To wear badge.

Section 1. The governor of the state of California is hereby authorized and empowered, upon the application of any railroad or steamboat company, to appoint and commission during his pleasure one or more persons designated by such company and to serve at the expense of such company, as policeman or policemen, with the powers of peace officers, and who, after being duly sworn, may act as such policeman or policemen upon the premises, cars or boats of such company. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority.

Sec. 2. Every such policeman shall, when on duty, wear in plain view a shield bearing the words "railroad police," or "steamboat police," as the case may be, and the name of the company for which he is commissioned.

Sec. 3. This act shall take effect immediately.

ARTICLE XXVI.

RAILROAD COMMISSIONERS.

An act to create the office of commissioner of transportation and to define its powers and duties; to fix the maximum charges for transporting passengers and freights on certain railroads; and to prevent extortion and unjust discrimination thereon.

[Approved April 1, 1878; Stats. 1877-78, 969.]

This act, which repealed the previous act of similar character of April 3, 1876 (Stats. 1875-76, 783), was not superseded by the operation of the Constitution adopted in May, 1879. The code commissioners of 1901 say this act was repealed by the Constitution of 1879. See, however, Dyer v. Placer County, 90 Cal. 276, 278, 27 Pac. 197; Giesecke v. San Joaquin County, 109 Cal. 489, 42 Pac. 446. The following act of 1880 was intended to put the provisions of the Constitution in reference to the subject into operation.

An act to organize and define the powers of the board of railroad commissioners.

[Approved April 15, 1880; Stats. 1880, 45 (Ban. ed. 207).]

Section 1. The three persons elected railroad commissioners, pursuant to the provisions of section twenty-two of article twelve of the Constitution of this state, constitute, and shall be known and designated as, the "board of railroad commissioners of the state of California." They shall have power to elect one of their number president of said board, to appoint a secretary, to appoint a bailiff, who shall perform the duties of janitor; also, to employ a stenographer, whenever they may deem it expedient.

Sec. 2. The salary of each commissioner shall be four thousand dollars per annum; the salary of the secretary shall be twenty-four hundred dollars per annum; the salary of the bailiff shall be twelve hundred dollars per annum, such salaries to be paid by the state of California in the same manner as the salaries of state officers are paid. The stenographer shall receive a reasonable compensation for his services, the amount to be fixed by the state board of examiners, and paid by the state. Said commissioners, and the persons in their official employment when

traveling in the performance of their official duties, shall have their traveling expenses other than transportation paid, the amounts to be passed on by the state board of examiners, and paid by the state. Said board of railroad commissioners shall be allowed one hundred dollars per month for office rent, and fifty dollars per month for fuel, lights, postage, expressage, subscription to publications upon the subject of transportation, and other incidental expenses, to be paid by the state; provided, that all moneys remaining unexpended at the expiration of each fiscal year shall be returned to the state treasury. Said board is further authorized to expend not to exceed four hundred dollars for office furniture and fixtures, to be paid by the state. The state shall furnish said board with all necessary stationery and printing, upon requisitions signed by the president of said board.

Sec. 3. Said commissioners, and the persons in their official employment, shall, when in the performance of their official duties, have the right to pass free of charge on all railroads. steamers, ships, vessels, and boats, and on all vehicles employed in or by any railroad or other transportation company engaged in the transportation of freight and passengers within this state.

Sec. 4. It shall be the duty of the attorney general, and the district attorney in every county, on request of said board, to institute and prosecute, and to appear and to defend for said board, in any and all suits and proceedings which they or either of them shall be requested by said board to institute and prosecute, and to appear in all suits and proceedings to which the board is a party, shall have precedence over all other business except criminal business; provided, that said board shall have the power to employ additional counsel to assist said attorney general, or said district attorney, or otherwise, when in their judgment the exigencies of the case may so require. The fees and expenses of said additional counsel to be determined by the state board of examiners and paid by the state.

Sec. 5. The office of said board shall be in the city of San Francisco. Said office shall always be open (legal holidays and nonjudicial days excepted). The board shall hold its sessions at least once a month in said city of San Francisco, and at such other times and such other places within this state as may be expedient. The sessions of said board shall be public, and when

held at a place other than the office in the city of San Francisco, notice thereof shall be published once a week for two successive weeks before the commencement of such session, in a newspaper published in the county, where such session is to be held; and if no newspaper is published in such county, then in a newspaper published in an adjacent county. Such publication to be paid by the state in the manner as other publications authorized by law are paid.

Sec. 6. The board shall have a seal, to be devised by its members, or a majority thereof. Such seal shall have the following inscription surrounding it: "Railroad commission, state of California." The seal shall be affixed only to, first, writs; second, authentications of a copy of a record or other proceeding, or copy of a document on file in the office of said commission.

Sec. 7. The process issued by said board shall extend to all parts of the state. The board shall have power to issue writs of summons and of subpoena in like manner as courts of record. The suminons shall direct the defendant to appear and answer within fifteen days from the day of service. The necessary process issued by the board may be served in any county in this state by the bailiff of the board, or by any person authorized to serve process of courts of record.

Sec. 8. The secretary of said board shall issue all process and notices required to be issued, and do and perform such other duties as the board may prescribe. The bailiff shall preserve order during the sessions of said board, and shall have authority to make arrests for disturbances. He shall also have authority, and it shall be his duty, to serve all process, orders, and notices issued by said boards, when directed by the president, and make return of the same.

Sec. 9. All complaints before said board shall be in writing and under oath. All decisions of said board shall be given in writing, and the grounds of the decisions shall be stated. A record of the proceedings of said board shall be kept, and the evidence of persons appearing before said board shall be preserved.

Sec. 10. Whenever the board shall render any decision within the purview and pursuant to the authority vested in said board by section twenty-two of article twelve of the Constitution, said board, or the person, copartnership, company, or cor

poration making the complaint upon which such decision was rendered, is authorized to sue upon such decision in any court of competent jurisdiction in this state.

Sec. 11. Whenever said board, in the discharge of its duties, shall establish or adopt rates of charges for the transportation of passengers and freight, pursuant to the provisions of the Constitution, said board shall serve a printed schedule of such rates, and of any changes that may be made in such rates, upon the person, copartnership, company, or corporation affected thereby; and upon such service, it shall be the duty of such person, copartnership, company, or corporation to immediately cause copies of the same to be posted in all its offices, station-houses, warehouses, and landing offices affected by such rates, or change of rates, in such manner as to be accessible to public inspection during usual business hours. Said board shall also make such further publication thereof as they shall deem proper and necessary for the public good. If the party to be served, as hereinbefore provided, be a corporation, such service may be made upon the president, vice-president, secretary, or managing agent thereof, and if a copartnership, upon any partner thereof. The rates of charges established or adopted by said board, pursuant to the Constitution and this act, shall go into force and effect on the twentieth day after service of said schedule of rates, or changes in rates, upon the person, copartnership, company, or corporation affected thereby, as hereinbefore provided.

Sec. 12. When jurisdiction is, by the Constitution, conferred on the board of railroad commissioners, all the means necessary to carry it into effect are also conferred on said board, and when in the exercise of jurisdiction within the purview of the authority conferred on said board by the Constitution the course of proceeding be not specifically pointed out, any suitable process or mode of proceeding may be adopted by the board which may appear most conformable to the spirit of the constitution.

Sec. 13. The said board shall, immediately after entering upon the performance of its duties, demand and receive from the transportation commissioner, appointed under an act approved April first, eighteen hundred and seventy-eight, section nine, chapter one, all public property belonging to the office of said transportation commissioner in his possession, or under his