State Constitutional Amendment No. 47.

Statutes of 1911.

CHAPTER 60.

A resolution proposing to the people of the State of California an amendment to section twenty-three of article XII of the constitution of the State of California, to confer upon the railroad commission power and jurisdiction to regulate and control the business of furnishing certain commodities and performing certain services to or for the public.

[Filed with Secretary of State March 28, 1911.]

The legislature of the State of California, at its regular session commencing on the second day of January, one thousand nine hundred and eleven, two thirds of all of the members elected to each of the two houses of said legislature voting in favor thereof, hereby proposes to the people of the State of California that section twenty-three of article XII of the constitution of the State of California be amended so as to read as follows:

Section 23. Every private corporation, and every individual or association of individuals, owning, operating, managing, or controlling any commercial railroad, interurban railroad, street railroad, canal, pipe line, plant, or equipment, or any part of such railroad, canal, pipe line, plant or equipment within this state, for the transportation or conveyance of passengers, or express matter, or freight of any kind, including crude oil, or for the transmission of telephone or telegraph messages, or for the production, generation, transmission, delivery or furnishing of heat, light, water or power, or for the furnishing of storage or wharfage facilities, either directly or indirectly to or for the public, and every common carrier, is hereby declared to be a public utility subject to such control and regulation by the railroad commission as may be provided by the legislature, and every class of private corporations, individuals, or associations of individuals hereafter declared by the legislature to be public utilities shall likewise be subject to such control and regulation. The railroad commission shall have and exercise such power and jurisdiction to supervise and regulate public utilities in the State of California, and to fix the rates to be charged for commodities furnished or services rendered by public utilities as shall be conferred upon it by the legislature, and the right of the legislature to confer powers upon the railroad commission respecting public utilities is hereby declared to be plenary and to be unlimited by any provision of this constitution.

From and after the passage by the legislature of laws conferring

powers upon the railroad commission respecting public utilities, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing bodies of the several counties, cities and counties, cities and towns, in this state, or in any commission created by law and existing at the time of the passage of such laws, shall cease so far as such powers shall conflict with the powers so conferred upon the railroad commission; provided, however, that this section shall not affect such powers of control over any public utility vested in any city and county, or incorporated city or town as, at an election to be held pursuant to laws to be passed hereafter by the legislature, a majority of the qualified electors voting thereon of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired; but if the vote so taken shall not favor the continuation of such powers, they shall thereafter vest in the railroad commission as provided by law; and provided, further, that where any such city and county or incorporated city or town shall have elected to continue any powers respecting public utilities, it may, by vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the railroad commission in the manner to be prescribed by the legislature; or if such municipal corporation shall have surrendered any powers to the railroad commission, it may, by like vote, thereafter reinvest itself with such power. Nothing in this section shall be construed as a limitation upon any power conferred upon the railroad commission by any provision of this constitution now existing or adopted concurrently herewith.

Railroad Commission Act of 1911.

Statutes of 1911.

CHAPTER 20.

An act to provide for the organization of the railroad commission, to define its powers and duties and the powers and duties of railroad and other transportation companies, their officers, agents and employees, and the rights, duties and remedies of shippers and to define offenses by shippers and railroad and other transportation companies, their officers, agents and employees and other persons, and providing penalties for such offenses, and making an appropriation for the purpose of carrying out the provisions of this act, and also repealing an act entitled "An act providing for the organization of the railroad commission of the State of California, defining its powers and duties and the powers and duties of transportation companies, their officers and employees, and defining offenses by transportation companies, their officers, employees and other persons, and providing penalties therefor; and repealing an act entitled '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 freight on certain railroads, and to prevent extortion and unjust discrimination therein,' approved April 1, 1878, and also repealing an act entitled 'An act to organize and define the powers of the board of railroad commissioners,' approved April 15, 1880," approved March 20, 1909; also repealing an act entitled "An act requiring persons, corporations, receivers or trustees operating lines of railway to furnish cars for shipment of freight upon written application from shippers of freight and providing a penalty and damages to be paid by such persons, corporations, receivers or trustees to shippers for failure to do so and providing a penalty and damages to be paid to persons, corporations, receivers or trustees operating such railway lines by the applicant or shipper for failure to load or unload cars so furnished," approved April 20, 1909; also repealing all acts or parts of acts inconsistent with the provisions of this act.

[Approved February 10, 1911.]

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

SECTION 1. The three persons elected railroad commissioners pursuant to the provisions of section 22 of article XII of the constitution

of this state, constitute and shall be known and designated as the railroad commission of the State of California. They shall have power to elect one of their number president of the commission, and to appoint a secretary and an assistant secretary, and to employ a stenographer, and a rate expert, and such other assistants as shall be necessary to the performance of their duties. They shall also have power to employ an attorney at an annual salary not exceeding five thousand dollars, and it shall be the duty of said attorney to appear for the commission in any and all suits and proceedings which he shall be requested by the commission to institute and prosecute, and in all suits and proceedings to which the commission is a party, and to perform such other duties as the commission shall require.

SEC. 2. The salary of each commissioner shall be six thousand dollars per annum. The salary of the secretary shall be three thousand six hundred dollars per annum. The salary of the assistant secretary shall be eighteen hundred dollars per annum. The salary of the stenographer shall be twelve hundred dollars per annum. The salary

of the rate expert shall be three thousand dollars per annum. The secretary, assistant secretary, stenographer and rate expert shall be civil executive officers and their salaries shall be paid in the same manner as are the salaries of other state officers. The compensation of all employees of the commission shall be fixed by the commission and shall be paid monthly from the funds appropriated for the use of the commission upon claims therefor to be audited by the board of examiners. All expenses incurred by the commission pursuant to the provisions of this act including the necessary traveling expenses of the commission, the officers of the commission and their employees incurred while on business of the commission after being approved by the commission shall be paid from the funds appropriated for the use of the commission upon claims to be audited by the board of examiners. From the funds appropriated for the use of the commission, the commission may expend two hundred dollars per month for office rent, and two hundred dollars per month for fuel, lights, postage, expressage, subscriptions to publications and other incidental expenses.

SEC. 3. The commissioners and the persons in their official employment, shall, when in the performance of their official duties, have the right to pass, free of charge, on all railroads, steamers, ships, vessels and boats, and on all vehicles employed on or by any railroad or other transportation company engaged in the transportation of freight or passengers within this state. The commission may issue to each commissioner, and to each officer and employee of the commission, a certificate setting forth the official capacity of the bearer; said certificate

shall be signed by the president of the commission, and attested by the secretary thereof, under the seal of the commission. On the presentation of said certificate, said commissioner or officer or employee shall have the right to pass, free of charge, on any train, steamer, ship, vessel or boat, and on all vehicles employed on or by any railroad or other transportation company engaged in the transportation of freight or passengers between points within this state, and the bearer of said certificate shall not be denied the right to travel upon any train or vehicle employed on or by any railroad or other transportation company engaged in the transportation of freight or passengers between points within this state, on the presentation of such certificate, whether such vehicle or train be used for the transportation of freight or passengers, and regardless of the class of said vehicle or train.

SEC. 4. The office of the commission shall be in the city and county of San Francisco. Said office shall always be open, legal holidays and non-judicial days excepted. The commission shall hold its sessions at least once a month in said city and county of San Francisco, and at such other times and other places within this state as may be expedient and necessary for the proper performance of its duties. For the purpose of holding sessions in places other than the city and county of San Francisco, the commission shall have power to rent quarters or offices, and the expenses of said quarters or offices shall be paid as other incidental expenses of said commission. The sessions of the commission shall be public.

SEC. 5. The commission shall have a seal which shall have the following inscription surrounding it: railroad commission State of California. The seal shall be affixed to all writs and authentications of copies of records, and to such other instruments as the commission shall determine. All courts shall take judicial notice of such seal.

SEC. 6. The process issued by the commission shall extend to all parts of the state. The commission shall have power to issue writs of summons, subpoenas, warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in the like manner and to the same extent as courts of record. The summons shall direct the defendant or respondent to appear and answer within fifteen days from the day of service. All process issued by the commission may be served in any county in this state by any person authorized to serve process of courts of record, or by any person designated for that purpose by the commission.

SEC. 7. The secretary of the commission shall issue all process, writs, warrants and notices required to be issued, and do and perform such other duties as the commission may prescribe. The assistant