1. To pass ordinances not in conflict with the constitution and laws of this state or of the United States.

2. To purchase, lease, or receive such real estate situated inside or outside of the city limits and personal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city or town; provided, they shall not have power to sell or convey any portion of any water front.

3. To contract for supplying the city or town with water for municipal purposes, or to acquire, construct, repair, and manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for the use of such city or the inhabitants, or for irrigating purposes therein.

4. To establish, build and repair bridges; to establish, lay out, alter, keep open, improve, and repair streets, sidewalks, alleys, and other public highways, squares and parks, and places within the city or town, and to drain, sprinkle, oil, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or on any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places; and in the exercise of the powers herein granted to expend, in their discretion, the ordinary annual income and revenue of the municipality in payment of the costs and expenses of the whole or any part of such work or improvement.

5. To construct, establish, and maintain drains and sewers. 6. To provide fire engines and all other necessary and proper apparatus. for the prevention and extinguishment of fires.

7. To impose on and collect from every male inhabitant between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars; and no other road poll tax shall be collected within the limits of the city.

8. To impose and collect an annual license not exceeding two dollars on every male dog, and four dollars on every female dog owned or harbored within the limits of the city.

9. To levy and collect annually a property tax, which shall not exceed one dollar on each one hundred dollars.

10. To license, for the purpose of revenue and regulation, all and every kind of business authorized by law and transacted

and carried on in such city or town, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise.

11. To improve the rivers and streams flowing through such city or adjoining the same; to widen, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the water front of the city; to construct and maintain embankments and other works, to protect such city from overflow; and to acquire, own, construct, maintain, and operate on any lands bordering on any navigable bay, lake, inlet, river, creek, slough, or arm of the sea within the corporate limits of such city or contiguous thereto, wharves, chutes, piers, breakwaters, bath-houses, and life-saving stations.

12. To erect and maintain buildings for municipal purposes, and to acquire and maintain cemeteries, situated inside or outside of said city.

13. To acquire, own, construct, maintain, and operate street railways, telephone and telegraph lines, gas and other works for light, power, and heat; public libraries, museums, gymnasiums, parks, and baths, and to permit under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, or other power thereon, and the laying of gas and water pipes in the public streets, and to permit the construction and maintenance of telegraph and telephone lines therein.

14. To impose fines, penalties, and forfeitures for any and all violations of ordinances; and for any breach or violation of any ordinance; to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed three hundred dollars, nor the term of imprisonment exceed three months.

15. To cause all persons imprisoned for violation of any ordinance to labor on the streets, or other public property, or works within the city.

16. To establish and maintain fire limits, and regulate building and construction and removal of buildings within the municipality.

17. To issue subpoenas for the attendance of witnesses, or the production of books or other documents, for the purpose of producing evidence or testimony in any action or proceeding pending before the board of trustees, which subpoenas must be signed by the president of the board of trustees and attested

by the city clerk and may be served in the same manner as subpoenas are served in civil actions. Whenever any person duly subpoenaed to appear and give evidence, or to produce any books or any documents as herein provided, shall neglect or refuse to appear, or to produce such books or documents, as required by such subpoena, or shall refuse to testify before such board, or to answer any questions which a majority thereof shall decide to be proper and pertinent, it shall be the duty of the president of the board to report the fact to the judge of the superior court of the county, who shall thereupon issue an attachment in the form usual in the court of which he shall be judge, directed to the sheriff of the county where such witness was required to appear and testify, commanding the said sheriff to attach such person, and forthwith bring him before the judge by whose order such attachment was issued. On the return of the attachment and the production of the body of the defendant, the said judge shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court.

18. To expend such sum as the board of trustees shall deem proper, not to exceed five per cent of the property tax levy in any one fiscal year, for music and promotion.

19. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act. [Sec. 862 amended March 19, 1909; stats. 1909, p. 420; in effect immediately.]

(For sale of franchises by municipalities, see Franchises, page 573, ante, for act of March 2, 1905, stats. 1905, p. 777, as amended March 3, 1909, stats. 1909, p. 125.)

PERSONAL PROPERTY BROKERS.

See Brokers.

PUBLIC WELFARE.

See Health and Sanitation; see, also, Hospitals.

RAILROADS.

See, also, Animals, for certain duties of carriers.

An act to enable railroad companies to complete their railroads. Approved April 1, 1878; stats. 1877-8, p. 944. Affects only companies organized prior to the passage of the act.

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. 1877-8, p. 969. The greater part of this statute said by code commissioners to have been repealed by the constitution of 1879, but certain of its penal provisions perhaps remained in force. See Dyer vs. Placer County, 90 Cal. 276, and Giesecke vs. San Joaquin County, 109 Cal. 489. Section 2 of chapter 3 of the act superseded by Pen. C. § 369b, as adopted in 1905; §§ 4, 5, and 6 of chapter 3 of the act are superseded by Pen. C. §§ 369d, 369e, and 369f, respectively, as adopted in 1905; §§ 7 and 8 of chapter 3 of the act are superseded by act of 1901, p. 666, providing for policemen on railroads or steamboats. Act of April 1, 1878, specifically repealed in its entirety by railroad act of March 19, 1909; stats. 1909, p. 499.

An act permitting and authorizing railway and other corporations, organized under the laws of this state, or of any state or territory of the United States of America, or any act of congress of the United States of America, to do business in this state on equal terms.

Approved April 3, 1880; stats. 1880, p. 21. ways to make leases and other contracts.) Civ. C. §§ 407 and 473a, as adopted in 1905.

(Authorizing railAct superseded by

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

commissioners.

Approved April 15, 1880; stats. 1880, p. 45.

Repealed March

19, 1909; stats. 1909, p. 499.

An act to compel railroad corporations, or individuals owning railroads, to operate their roads.

Approved April 15, 1880; stats. 1880, p. 43.

ED. NOTE.-Act partially superseded by Civil Code section 468, as amended in 1905. (See page 126, ante.)

The people of the State of California, represented in senate and assembly, do enact as follows:

Operation of railroads.

SECTION 1. From and after the completion of any railroad, or the completion of such portion thereof capable of being operated, it shall be the duty of the corporation, or individual owning the same, to operate it; and upon the failure of said corporation or individual so owning said road to keep the same, or any part thereof, in full operation for the period of six months, its or his right to operate the same in whole or in part, as the case may be, shall be forfeited; and the lands occupied for the purposes of its or his road, so far as the same shall not be operated, shall revert to the original owners, or their successors in interest. A railroad shall be deemed to be in full operation when one passenger train, or one mixed train, is run over it once each day in each direction, and a sufficient number of freight trains to accommodate the traffic on said road.

When act does not apply.

SEC. 2. This act shall not be construed to apply to a case where the operation of the road is prevented by the act of God, nor to a case where the operation of said road, together with its branch or trunk lines, does not yield income sufficient to defray the expenses of maintaining and operating the same in connection with its said branch or trunk lines.

Power of railroad commissioners.

SEC. 3. The railroad commissioners of the State of California shall have the power to examine and determine the question whether said road, together with its said branch and trunk lines, does or does not yield income sufficient to operate the same.

Time act shall take effect.

SEC. 4. This act shall take effect immediately.

(Madera Ry. Co. vs. Raymond Granite Co., 3 Cal. App. 683.)