CALIFORNIA. 



99 



as they used to be before the Australian ballot 

 system went into effect. 



Another of these measures states that a gen- 

 eral primary election for all parties under the 

 Australian ballot system is to be held in each 

 county on a specified day previous to the con- 

 ventions. It makes the primary mandatory, per- 

 mitting nominations to be made only by con- 

 ventions made up of delegates chosen under its 

 provisions. 



Provision was made for the punishment of of- 

 fenses against the primary-election law. Other 

 election enactments provided that, instead of 

 printed registers, the signed affidavits that citi- 

 zens make when registering shall be used by the 

 precinct boards at the polls ; ordered the posting 

 outside the polling place of the result of the 

 count there by the precinct election board before 

 adjournment; and directed that the count of 

 votes be continued each day, Sundays and holi- 

 days excepted, and for not less than six hours 

 each day, until completed. Provision was made 

 for the holding of municipal elections in odd- 

 numbered years, as prescribed by the new San 

 Francisco charter, and for special elections to 

 choose boards of freeholders or to vote on char- 

 ters or charter amendments. 



An act was passed intended to repeal the State 

 mining law relating to locations, and leave the 

 United States law alone in force. The act has 

 been supposed to have missed its design because 

 by its wording it did not repeal the law of 1897, 

 which was clearly its intent. 



By the terms of the " anticartoon law " it is 

 made unlawful to publish in any newspaper, 

 handbill, poster, book, or serial publication or 

 supplement thereto the portrait of any living per- 

 son, a resident of California, other than that of 

 a person holding a public office in this State, 

 without his written consent. The only exception 

 is the portrait of a person convicted of a crime. 

 The act also prohibits the caricaturing of resi- 

 dents of California. In its sweep it includes of- 

 fenses of publications made outside of California. 



The so-called " signature bill " provides that 

 " every article, statement, or editorial contained 

 in any newspaper or other printed publication 

 printed Or published in this State, which by writ- 

 ing or printing tends to blacken the memory of 

 one who is dead, or to impeach the honesty, in- 

 tegrity, virtue, or reputation, or publish the natu- 

 ral or alleged defects of one who is alive, and 

 thereby expose him or her to public hatred, con- 

 tempt, or ridicule, must be supplemented by the 

 true name of the \vriter of such article, state- 

 ment, or editorial, signed or printed at the end 

 thereof." Owners or publishers of newspapers 

 are made liable to a forfeit of $1,000 for every 

 such article published unsigned, half of which 

 is to go to the State treasury and half to the 

 plaintiff in the action. If the libel is in a book, 

 it is sufficient if the author's name is on the 

 title page. If it is in telegraphic news not 

 furnished by the newspaper's own correspondent, 

 but by a news agency, it is enough to have the 

 name of the agency printed in connection with 

 the dispatch. 



A railroad consolidation act was passed, pro- 

 viding that " any railroad corporation owning 

 any railroad in this State may sell, convey, and 

 transfer its property and franchises, or any part 

 thereof, to any other railroad corporation, 

 whether organized under the laws of this State 

 or of any other State or Territory, or under any 

 act of Congress; and any such railroad corpora- 

 tion receiving such conveyance may hold and 

 operate extensions and branches thereof, and do 



any other business in connection therewith, as 

 fully and effectually to all intents and purposes 

 as if such corporation were organized under the 

 laws of this State." This measure will have the 

 effect of permitting the Santa Fe to operate its 

 system as a whole and purchase the line from 

 Mohave to the Colorado river, as it could not 

 under former laws. Opposition was made to the 

 bill on the ground that it would permit the 

 Southern Pacific of Kentucky to carry out it* 

 scheme of combining the Central Pacific and the 

 Southern Pacific for the purpose of reorganizing 

 the same and making a foreign corporation of 

 them, and remove the Southern and Central Pa- 

 cific beyond the pale of the State's authority and 

 enable the Southern Pacific to reorganize the 

 roads on such a basis that their overcapitaliza- 

 tion will result in heavily taxing the commerce 

 of the State. City and town authorities were 

 authorized to grant franchises to railroad cor- 

 porations for construction of piers and wharves 

 for terminal facilities, without offering the fran- 

 chise for sale. 



The new charter of San Francisco, which was 

 adopted by popular vote at the spring election of 

 1898, was approved by the Legislature. It was 

 afterward attacked in the courts on the ground 

 that the elections were not conducted strictly ac- 

 cording to law. Decision in the Superior Court 

 was in favor of the charter, and appeal was taken 

 to the Supreme Court. 



By another act it was provided that no action 

 against the State or its officers for percentages 

 to the counties for collecting taxes can be main- 

 tained. This does away with threatened suits 

 by which the State was in danger of being com- 

 pelled to pay the counties an amount estimated 

 at $1,500,000. More than 40 of the counties had 

 agreed to pay the law firms proposing to bring 

 the suits from 25 to 50 per cent, of the amounts 

 recovered. The claim made was, that an act of 

 1893, which was supposed to repeal a law of 

 1871-'72 providing for commissions to be paid to 

 the auditors and assessors of the counties for 

 collecting the State's portion of the taxes, was 

 invalid because it received only 20 out of 40 votes 

 in the Senate not a majority, as appeared from 

 the journal of that date. The Qovernor said in 

 his message that he had examined the original 

 roll call, and was satisfied that 21 Senators had 

 voted in the affirmative, but one name -was 

 omitted by mistake in the printing. 



A section of the political code was amended 

 so as to provide for assessment for taxation of 

 stock in national banks, though other bank stock 

 is not taxed; but other banks are taxed for per- 

 sonal property, while national banks are exempt 

 from such taxation under United States laws. A 

 suit was brought in July to test the validity of 

 the act. 



A stringent law was made for protection of 

 trade marks. Measures in the interest of farmers 

 and horticulturists provide for prevention of the 

 sale of process or renovated butter, for inspec- 

 tion of dairies and dairy stock, for a horticul- 

 tural quarantine officer and a quarantine of dis- 

 eased trees, cuttings, and fruit, and for the de- 

 struction of diseased shipments. It was provided 

 that every commission merchant, agent, factor, 

 or broker who deals in farm produce, poultry, 

 grain, seeds, fruit, honey, or dairy products shall 

 give a $10,000 bond to the people of the State 

 of California to insure the fulfillment of his con- 

 tracts with consignors. 



The office of State veterinarian was created. 

 His salary is limited to $2,000 and his expenses 

 to $500 a year, and he is to have an assistant 



