106 



CALIFORNIA. 



provided for it for such year, without the 

 assent of two thirds of the qualified electors 

 thereof voting at an election to be held for 

 that purpose, nor unless before or at the time 

 of incurring such indebtedness provision shall 

 be made for tjie collection of an annual tax 

 sufficient to pay the interest on such indebted- 

 ness as it falls due, and also to constitute a 

 sinking fund for the payment of the principal 

 thereof within twenty years from the time of 

 contracting the same. Any indebtedness or 

 liability incurred contrary to this provision 

 shall be void." " No public work or improve- 

 ment of any description whatsoever shall be 

 done or made in any city, in, upon, or about 

 the streets thereof, or otherwise, the cost and 

 expense of which is made chargeable or may 

 be assessed upon private property, by special 

 assessment, unless an estimate of such cost and 

 expense shall be made, and an assessment in 

 proportion to benefits on the property to be 

 affected or benefited shall be levied, collected, 

 and paid into the city treasury before such 

 work or improvement shall be commenced 

 or any contract for letting or doing the same 

 authorized or performed. In any city where 

 there are no public works owned and con- 

 trolled by the municipality for supplying the 

 same with water or artificial light, any indi- 

 vidual or any company duly incorporated for 

 such purpose under and by authority of the 

 laws of this State shall, under the direction of 

 the Superintendent of Streets or other officer 

 in control thereof, and under such general regu- 

 lations as the municipality may prescribe for 

 damages and indemnity for damages, have the 

 privilege of using the public streets and thor- 

 oughfares thereof, and of laying down pipes 

 and conduits therein, and connections there- 

 with, so far as may be necessary for introdu- 

 cing into and supplying such city and its inhab- 

 itants either with gaslight or other illuminat- 

 ing light, or with fresh water for domestic and 

 all other purposes, upon the condition that the 

 municipal government shall have the right to 

 regulate the charges thereof." 



"Each stockholder of a corporation or joint- 

 stock association shall be individually and per- 

 sonally liable for such proportion of all its debts 

 and liabilities contracted or incurred during the 

 time he was a stockholder, as the amount of 

 stock or shares owned by him bears to the 

 whole of the subscribed capital stock or shares 

 of the corporation or association. The direc- 

 tors or trustees of corporations and joint-stock 

 associations shall be jointly and severally liable 

 to the creditors and stockholders for all mon- 

 eys embezzled or misappropriated by the offi- 

 cers of such corporation or joint-stock associa- 

 tion during the term of office of such director 

 or trustee." 



"No railroad or other transportation com- 

 pany shall grant free passes, or passes or tick- 

 ets at a discount, to any person holding any 

 office of honor, trust, or profit in this State; 

 and the acceptance of any such pass or ticket, 



by a member of the Legislature or any public 

 officer, other than Railroad Commissioner, 

 shall work a forfeiture of his office." The 

 State is to be divided into three districts, in 

 each of which a Railroad Commissioner shall 

 be elected by the voters. Some of the duties 

 assigned to these Commissioners are thus 

 stated: "They shall have the power, and it 

 shall be their duty, to establish rates of charges 

 for the transportation of passengers and freight 

 by railroad or other transportation companies, 

 and publish the same from time to time, with 

 such changes as they may make ; to examine 

 the books, records, and papers of all railroad 

 and other transportation companies, and for 

 this purpose they shall have power to issue 

 subpoenas and all other necessary process; to 

 hear and determine complaints against railroad 

 and other transportation companies, to send 

 for persons and papers, to administer oaths, 

 take testimony, and punish for contempt of 

 their orders and processes, in the same man- 

 ner and to the same extent as courts of record, 

 and enforce their decisions and correct abuses 

 through the medium of the courts. Said Com- 

 missioners shall prescribe a uniform system of 

 accounts to be kept by all such corporations 

 and companies. Any railroad corporation or 

 transportation company which shall fail or re- 

 fuse to conform to such rates as shall be estab- 

 lished by such Commissioners, or shall charge 

 rates in excess thereof, or shall fail to keep 

 their accounts in accordance with the system 

 prescribed by the Commission, shall be fined 

 not exceeding $20,000 for each offense; and 

 every officer, agent, or employee of any such 

 corporation or company, who shall demand or 

 receive rates in excess thereof, or who shall in 

 any manner violate the provisions of this sec- 

 tion, shall be fined not exceeding $5,000 or be 

 imprisoned in the county jail not exceeding one 

 year. In all controversies, civil or criminal, 

 the rates of fares and freights established by 

 said Commission shall be deemed conclusively 

 just and reasonable ; and in any action against 

 such corporation or company for damages sus- 

 tained by charging excessive rates, the plaintiff, 

 in addition to the actual damage, may, in the 

 discretion of the judge or jury, recover exem- 

 plary damages. Said Commission shall report 

 to the Governor, annually, their proceedings, 

 and such other facts as may be deemed impor- 

 tant." 



Land and improvements thereon shall be 

 separately assessed. Cultivated and unculti- 

 vated land, of the same quality and similarly 

 situated, shall be assessed at the same value. 



"The Legislature shall have the power to 

 provide by law for the payment of all taxes 

 on real property by installments." " The Legis- 

 lature shall by law require each taxpayer in 

 this State to make and deliver to the county 

 assessor annually a statement under oath set- 

 ting forth specifically all the real and personal 

 property owned by such taxpayer, or in his 

 possession, or under his control, at 12 o'clock 



