TITLE 112.

HIGHWAYS.

An Act for the establishment of a uniform syster of road government and administration in th counties of the State of California.

[Approved April 1, 1897; Stats. 1897, p. 374.]

In the case of Davis v. Whidden, filed July 2 1897, it was held that this act commonly know as the Clark Road Law was inconsistent with th county government bill passed at the same ses slon, and was repealed by it.

An act to create a bureau of highways, and pr scribe its duties and powers, and to make a appropriation for its expenses.

[Stat. approved March 27, 1895; Stats. 1895, chap cciii.]

The people of the state of California, represente in senate and assembly, do enact as follows Section 1. Within ten days after the passag of this act the governor shall appoint three com petent persons to compose a bureau of highways who shall hold office for two years from the dat of their qualifying. The persons SO appointe shall be selected with particular reference to thei qualifications for the duties devolving on them They shall not be actively engaged in any other pursuit while serving as such commissioners, and shall devote their entire time to the services o the bureau of highways. In case of a vacancy occurring on the said bureau, the governor shall within ten days, appoint a person of proper quali fications to fill such vacancy.

Sec. 2. The members of the bureau of high ways, before entering on the duties of their office must execute an official bond in the sum of five thousand dollars, and take the oath of office as prescribed in the Political Code for the state officers in general.

Sec. 3. Among the duties of the bureau of highways shall be to gather from each county in the state statistics showing the total mileage of highways, their condition of improvement, the condition of the titles to the right of way, the method of obtaining title and of keeping the records thereof, the method of procedure in granting, closing, and altering roads, and the manner of preserving the records of the same, the manner in which roads are constructed and maintained, the manner of payment for the construction and maintenance of roads, the manner in which the accounts pertaining to the same are kept, the manner in which the money for highway purposes is raised, the amount expended in the past ten years for highway purposes, with the rate of taxation on one hundred dollars that is apportioned to the road fund. It shall inquire into the topographical and geological features of each county, and more particularly with reference to the accessibility of water for road-sprinkling purposes, and stone quarries, deposits of gravel, bituminous rock, sand, adobe, or any other materials suitable for road-making purposes. It shall ascertain all laws, now in force in this state, appertaining to the highways, and shall segregate all such as in the judgment of the members of the bureau are ineffective or obsolete from such as are effective. Inquiry shall be made into what laws and methods are in use in other states in regard to road matters, and an abstract shall be made of such as are best adapted to the state of California. It shall prepare such cross-sections of roads, plans for draining or watering of roads, and for culverts, small bridges, and road appliances as may be deemed expedient. It shall prepare such blank forms as may be necessary to systemize all acts pertaining to the highways, and shall furthermore make any other inquiries in matters regarding highway improvement as will be of interest or benefit to the objects of the said bureau. Information and advice shall be furnished by the bureau of highways, on matters connected with highway improvement and kindred subjects, at any and all times, to all county officials, or others connected with the highways, who may apply for the same, and any and all such information and

advice shall be furnished free of charge. It shall receive orders for road material, to be prepare at the state prisons, and shall forward the sam to the governing body of the prisons, and in cas the orders exceed the rate of supply, shall mak an equitable distribution of the product.

Sec. 4. One or more members of the bureau of highways shall visit each county in the state least once in each year, and shall hold therein public meeting, at which there shall be an ope discussion of all matters relating to highways highway improvement.

Sec. 5. The bureau of highways shall hav power to call on the clerk of the board of super visors, surveyor, auditor, or any other official, fo such assistance as may be necessary for gather ing the information it may desire. It may tak testimony of any persons deemed necessary, i relation to matters pertaining to highways, an shall, in doing so, follow the methods set forth in an act entitled "An act creating a board o bank commissioners."

Sec. 6. The members of the bureau of high ways shall each receive a salary of three thou sand dollars per annum, which shall be audite by the state controller, and paid by the stat treasurer, in the same manner as are salaries o other state officials.

Sec. 7. Within ten days after the appointmen of the members of the bureau of highways, the shall assemble at the office of the surveyor gen ral at the state capitol, in the city of Sacramento and shall be called to order by that official, an shall forthwith elect a chairman from amon their number, who shall preside at all the mee ings of said bureau of highways, and exercise th duties usually devolving upon a presiding office Sec. 8. The office of the bureau of highway shall be located in the state capitol building, the city of Sacramento. The secretary of state hereby directed to provide said bureau of hig ways with a room suitably furnished for tha purpose. The office before named shall be th office of the bureau of highways, but the men bers thereof shall visit such portions of the sta and at such times as they may deem advisable the duties devolving on them may require.

Sec. 9. The bureau of highways shall have the power to employ such clerical, expert, or other assistance as may be necessary for the purpose of conducting the affairs of its office, subject to the approval of the state board of examiners. The members of the bureau of highways, or any employee thereof, shall be allowed their actually necessary traveling expenses when in the discharge of their duty. The bureau of highways shall be allowed all necessary supplies and conveniences for the purpose of conducting the affairs of its office. All claims against the state, contracted by the bureau of highways, shall, before payment, be examined, audited, and approved by the board of examiners.

Sec. 10. The bureau of highways shall have a seal, which shall be affixed to all necessary papers and documents in the usual manner. It shall also cause to be kept proper books, as records of all acts done by it under the provisions of this act. Sec. 11. It shall be the duty of the state mineralogist to furnish the bureau of highways such data and information as it may call for.

Sec. 12. It shall be the duty of the attorney general to advise the bureau of highways on all legal matters, when requested to do so.

Sec. 13. It shall be the duty of the bureau of highways to prepare a report, which shall be submitted to the governor, in the manner and at the time prescribed by law for the submission of such reports. Said report shall embrace the work and Investigation of the bureau for the previous two years, with recommendations that will be useful in framing a practicable road law, together with such information as will be useful in the improvement of the highways. There shall also be published from time to time, as may be deemed advisable by the bureau, bulletins containing useful recommendations and instructions regarding highway construction, maintenance, and kindred subjects.

Sec. 14. It shall be the duty of the state printer, upon proper order from the board of examiners, to print the report of the bureau of highways, together with such bulletins as it may desire to publish, and the distribution shall be made under proper order from the board of examiners.

Sec. 15. The bureau of highways shall, upor the expiration of its existence, which shall be twe years after its organization, deliver to the state controller, all property, books, reports, and pa pers of every description pertaining to its office. Sec. 16. The sum of thirty-one thousand dol lars is hereby appropriated out of any money in the general fund of the state treasury not other wise appropriated, to pay the expenses of the said bureau, and the state controller is hereby directed to draw his warrant for the same from time to time, as necessary, and the state treasurer is hereby directed to pay the same. Said appropria tion shall cover all the expenses of the bureau of highways, and in no case shall an indebtedness over and above the amount so appropriated be created or allowed. One-half of the appropriation herein made shall be available during the fortyseventh fiscal year, and the other half during the forty-eighth fiscal year.

Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 18. This act shall take effect and be in force from and after its passage and approval.

An Act to create a Department of Highways for the State of California, to define its duties and powers, to provide for the appointment of officers and employees thereof, and to provide for the compensation of said officers and em ployees, and for the additional expenses of said department, and to make an appropria tion therefor for the remainder of the fortyeighth fiscal year.

[Stats. approved April 1, 1897; Stats. 1897, chap cclxvii.]

Section 1. A department of and for the State of California, to be known as the Department of Highways, is hereby created, to consist of three chief executive officers, who shall be known as Highway Commissioners. Said department, its officers and employees, shall have and exercise the powers and duties hereinafter specified, and such as are or may be otherwise provided by law.