Lapas attēli
PDF
ePub

Local and special legislation forbidden.

SEC. 25. The legislature shall not pass local or special laws in any of the following enumerated cases, that is to say: Sixth-Changing the names of persons or places.

Subdivision 6-123 Cal. 527.

Sixteenth-Releasing or extinguishing, in whole or in part, the indebtedness, liability, or obligation of any corporation or person to this state, or to any municipal corporation therein.

Subdivision 16-126 Cal. 117.

Nineteenth-Granting to any corporation, association, or individual any special or exclusive right, privilege, or immunity. Subdivision 19-100 Cal. 120; 114 Cal. 496; 118 Cal. 306; 124 Cal. 698; 143 Cal. 414.

Twenty-third-Regulating the rate of interest on money.
Subdivision 23-67 Cal. 360.

Twenty-fifth-Chartering or licensing ferries, bridges, or

roads.

Subdivision 25-114 Cal. 496.

Twenty-sixth-Remitting fines, penalties, or forfeitures. Thirty-third In all other cases where a general law can be made applicable.

Subdivision 33-55 Cal. 490, 491, 495; 81 Cal. 498; 84 Cal. 76; 91 Cal. 249; 94 Cal. 620; 100 Cal. 120; 109 Cal. 497; 111 Cal. 371, 372, 569; 112 Cal. 471; 114 Cal. 410; 117 Cal. 363; 118 Cal. 306, 404; 119 Cal. 523; 124 Cal. 698; 126 Cal. 230; 127 Cal. 7, 684; 130 Cal. 134; 132 Cal. 221; 140 Cal. 487; 144 Cal. 269; 148 Cal. 148; 149 Cal. 399; 150 Cal. 322; 152 Cal. 231; 1 Cal. App. 573; 6 Cal. App. 240; VII Cal. App. Dec. 111.

Citations to section 25-General:

55 Cal. 490, 493; 552, 618; 57 Cal. 613; 58 Cal. 576; 59 Cal. 8; 60 Cal. 32, 189, 191; 61 Cal. 38, 267; 63 Cal. 382; 65 Cal. 123, 290; 67 Cal. 211, 360, 595; 72 Cal. 466; 73 Cal. 77; 81 Cal. 499; 83 Cal. 402, 405, 414; 84 Cal. 229; 85 Cal. 413; 87 Cal. 79; 91 Cal. 249; 93 Cal. 396, 400; 94 Cal. 620, 624; 98 Cal. 224; 103 Cal. 395; 104 Cal. 351, 644; 105 Cal. 616; 109 Cal. 335; 110 Cal. 31; 111 Cal. 102, 105, 569; 112 Cal. 471; 113 Cal. 514, 645; 114 Cal. 334, 410; 120 Cal. 401; 121 Cal. 262,

267; 122 Cal. 148, 556; 123 Cal. 25, 527, 528; 124 Cal. 696, 698; 126 Cal. 117, 122, 123, 230; 127 Cal. 7; 132 Cal. 221; 135 Cal. 471, 518; 137 Cal. 518, 520; 138 Cal. 381; 139 Cal. 541; 140 Cal. 480; 142 Cal. 195; 143 Cal. 414; 144 Cal. 269; 1 Cal. App. 573; XXXVI Cal. Dec. 264, 312.

Lotteries prohibited.

SEC. 26. The legislature shall have no power to authorize lotteries or gift enterprises for any purpose and shall pass laws to prohibit the sale in this state of lottery or gift enterprise tickets or tickets in any scheme in the nature of a lottery. The legislature shall pass laws to prohibit the fictitious buying and selling of the shares of the capital stock of corporations in any stock board, stock exchange or stock market under the control of any corporation or association. All contracts for the purchase or sale of shares of the capital stock of any corporation or association without any intention on the part of one party to deliver and of the other party to receive the shares, and contemplating merely the payment of differences between the contract and market prices on divers days, shall be void, and neither party to any such contract shall be entitled to recover any damages for failure to perform the same, or any money paid thereon, in any court of this state. [Amendment adopted November 3, 1908.]

[Original section.] SEC. 26. The legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale in this state of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery. The legislature shall pass laws to regulate or prohibit the buying and selling of the shares of the capital stock of corporations in any stock board, stock exchange, or stock market under the control of any association. All contracts for the sale of shares of the capital stock of any corporation or association, on margin, or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any court of competent jurisdiction.

67 Cal. 93; 68 Cal. 289; 87 Cal. 607; 89 Cal. 378; 103 Cal. 247, 328; 104 Cal. 599; 109 Cal. 692; 111 Cal. 372; 119 Cal. 465; 127 Cal. 118; 130 Cal. 326, 331; 146 Cal. 658; 150 Cal. 241.

Public credit to corporations prohibited.

SEC. 31. The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the state, or of any county, city and county, city, township, or other political corporation or subdivision of the state now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public money or thing of value, to any individual, municipal or other corporation whatever; provided, that nothing in this section shall prevent the legislature granting aid pursuant to section twenty-two of this article; and it shall not have power to authorize the state, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever.

57 Cal. 170, 171, 176; 61 Cal. 43; 72 Cal. 473, 474, 475; 73 Cal. 39; 74 Cal. 125; 77 Cal. 371, 475; 80 Cal. 270; 83 Cal. 265; 91 Cal. 651; 92 Cal. 606; 93 Cal. 326, 329; 95 Cal. 150; 97 Cal. 252; 98 Cal. 53; 99 Cal. 21; 104 Cal. 690, 693; 106 Cal. 124; 109 Cal. 380, 580; 112 Cal. 315; 115 Cal. 532, 533; 117 Cal. 176; 118 Cal. 546; 123 Cal. 498; 126 Cal. 118; 138 Cal. 273; 143 Cal. 331; 144 Cal. 692, 694; 149 Cal. 528; 151 Cal. 800; 152 Cal. 735; 153 Cal. 225, 228; XXXVI Cal. Dec. 114; 6 Cal. App. 747; VI Cal. App. Dec. 545; VII Cal. App. Dec. 112.

Charges by certain corporations, regulation of.

SEC. 33. The legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities furnished by telegraph and gas corporations, and the charges by corporations or individuals for storage and wharfage, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation or individual interested in the business to be regulated, and no person shall be selected who is an officer or stockholder in any such corporation.

145 Cal. 633, 634, 635, 636.

SEC. 6.

ARTICLE X.

STATE INSTITUTIONS AND PUBLIC BUILDINGS.

Convict labor.

Convict labor.

SEC. 6. After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, co-partnership, company, or corporation, and the legislature shall, by law, provide for the working of convicts for the benefit of the state.

ARTICLE XI.

COUNTIES, CITIES, AND TOWNS.

SEC. 13. Municipal power not granted by legislature.

162.Deposit of moneys belonging to state, county, or municipality.

19. Use of streets for gas and water pipes.

Municipal power not granted by legislature.

SEC. 13. The legislature shall not delegate to any special commission, private corporation, company, association, or individual, any power to make, control, appropriate, supervise, or in any way interfere with any county, city, town, or municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments, or perform any municipal functions whatever.

55 Cal. 618; 59 Cal. 96; 60 Cal. 32; 61 Cal. 277; 64 Cal. 507; 71 Cal. 311, 312, 313, 314, 630, 631; 80 Cal. 270; 86 Cal. 48; 87 Cal. 607; 88 Cal. 359, 412; 97 Cal. 219; 99 Cal. 560; 112 Cal. 329, 564; 113 Cal. 399; 118 Cal. 308; 121 Cal. 552; 125 Cal. 193, 194; 126 Cal. 134; 133 Cal. 103; 144 Cal. 333; 148 Cal. 631; 150 Cal. 82, 86; 152 Cal. 234.

Deposit of moneys belonging to state, county or municipality. SEC. 162. All moneys belonging to the state, or to any county or municipality within this state, may be deposited in any national bank or banks within this state, or in any bank or banks organized under the laws of this state, in such manner

and under such conditions as may be provided by law; provided, that such bank or banks in which such moneys are deposited shall furnish as security for such deposits, bonds of the United States, or of this state or of any county, municipality or school district within this state, to be approved by the officer or officers designated by law, to an amount in value of at least ten per cent in excess of the amount of such deposit; and provided, that such bank or banks shall pay a reasonable rate of interest, not less than two per cent per annum on the daily balances therein deposited; and provided, that no deposit shall at any one time exceed fifty per cent of the paid-up capital stock of such depository bank or banks; and provided further, that no officer shall deposit at one time more than twenty per cent of such public moneys available for deposit in any bank while there are other qualified banks requesting such deposits. [New section; adopted November 6, 1906.

152 Cal. 8, 9.

Use of streets for gas and water pipes.

SEC. 19. In any city where there are no public works owned and controlled by the municipality for supplying the same with water or artificial light, any individual, 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 regulations as the municipality may prescribe for damages and indemnity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and conduits therein, and connections therewith, so far as may be necessary for introducing into and supplying such city and its inhabitants either with gaslight or other illuminating 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. [Amendment adopted November 4, 1884.1

[Original section.] SEC. 19. No public work or improvement 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

« iepriekšējāTurpināt »