Civil government in California

Preface

It is the purpose of this work to present in brief form something of the theory and practice of civil government in California. The scope of governmental activity widens from year to year, coming nearer and nearer the life of every individual ; and, on the other hand, the intelligence of the individual and his general attitude toward public affairs, react more and more upon the government. The influence of the citizen is vital in the selection of public officials, and in the attitude assumed toward them after they are selected. His power has been tremendously augmented in recent years by the widespread adoption of the direct primary, the initiative, the referendum, and the recall; and his intelligence must keep pace with his political power, or the commonwealth will suffer. The following chapters are intended to place in convenient form the most important features of the information which every responsible citizen should possess if his influence is to count for the common good.

The author hopes especially that this book may be of service to students of civil government in colleges and high schools. It is intended to be a book of information, and many details are given which may be omitted in class work. No attempt is made to present a complete exposition of the principles of government, or to discuss problems of good citizenship. These are important matters, and it is assumed that teachers will give them proper

4 PREFACE

attention in connection with the various topics found in the text.

The author desires to express his appreciation of the assistance given him in the preparation of this work by the late Mr. Haven W. Edwards of the Oakland High School, and Mr. F. H. Clark of the Lowell High School, San Francisco, who have read the manuscript and have given invaluable criticisms and suggestions. Thanks are due to Professor Orrin Kip McMurray, of the University of California, who has read and criticised the chapter on the state judicial system ; and to Messrs. H. A. Mason and William J. Locke, of San Francisco, specialists in municipal corporation law, and Secretary and Assistant Secretary of the League of California Municipalities, who have made valuable suggestions on the chapters on municipal government. Valuable assistance has also been given by many public officials, especially by Mr. William C. Clark, Assemblyman from Oakland ; Mr. Walter J. Burpee, Assistant District Attorney of Alameda county ; and Mr. Edward Hyatt, Superintendent of Public Instruction.

J. R. S.

• Since the publication of this text, some changes have been made in the public law of California. The most important of these will be found in the Supplement at page 465.

Chapter I. The Scope Of Government

1. Different Views as to the Scope of Government .... 15

2. The Attitude of European Government toward Industry . . 16

3. Laissez faire in the United States 17

4. Government Regulation of Industry in the United States . . 18

Chapter II. The Selection Of Public Officers

5. Methods of selecting Public Officers 20

6. The Convention Method of making Nominations ... 20

7. Attempts to overthrow Bossism in California .... 23

1. When Primaries are held 24

2. The First Steps . . .25

3. Primary Election Ballots 25

4. The Voter at the Primary 28

5. The Result 29

6. Party Committees and Conventions 31

7. Special Provisions 32

9. Nonpartisan Direct Primaries 33

10. Nomination by Petition 35

11. The Election of Officers 36

12. Pre-primary Conventions 38

13. The Short Ballot 39

14. National Conventions 40

Chapter III. The Political Subdivisions Of California

16. Importance of State and Local Government .... 46

17. The Subdivisions of California Classified 47

TABLE OF CONTENTS

18. Road Districts and Permanent Road Divisions .... 49

Corporations 50

Charters of Corporations 51

Private and Public Corporations 52

Two Kinds of Public Corporations 54

1. Municipal Corporations ........ 54

2. Quasi Corporations 55

Corporations Classified 56

Local Self-government 57

20. 21. 22.

Section 1. Rural Local Government in the United States

26. The New England Plan

27. The Southern Plan

28. Rural Local Government in the Middle Atlantic States

29. Rural Local Government in the Middle South and West

30. Rural Local Government in the Middle North

61 62 63 63 64

Section 2. Rural Local Government in California

31. The County Type in Use in California

32. Judicial Townships .....

33. The Formation of Counties ....

34. The Relation between a County and the State

66 67 68 70

Chapter V. County Government — County Officers

Section 1.

County Officers, Terms of Office, and Other Details

36. Terms of Office

37. Official Bonds .....

38. Vacancies and Salaries

39. The Consolidation of County Offices

40. The Uniformity of County Government

72 73 74 74 75 75

TABLE OF CONTENTS 7 Section 2. The Board of Supervisors

41. Organization 76

42. The Powers and Duties of the Board of Supervisors ... 77

43. The General Character of Supervisors' Work .... 81

Section 3. Duties of Other County Officers

44. Duties of the County Clerk 82

45. Duties of the Assessor 83

46. Duties of the Tax Collector 84

47. Duties of the Treasurer 86

48. Duties of the Auditor 87

49. Duties of the Recorder 88

50. Duties of the Coroner 89

51. Duties of the Surveyor . 90

52. County School Officers 91

53. Superior Judges and Justices of the Peace 91

54. Duties of the Sheriff 91

55. Duties of Constables 92

56. Duties of the District Attorney 93

57. Duties of the Public Administrator 94

58. Duties of the County Health Officer 95

59. Duties of the Horticultural Commissioner and of the County

Board of Forestry 95

60. Duties of the Live Stock Inspector 97

61. Duties of the Fish and Game Warden 98

62. The Inspector of Apiaries . . ' 98

Chapter VII. City Government

73. The Meaning of the Word City 112

74. How Cities differ from other Public Corporations . . . 112

75. Three Kinds of City Charters 113

1. Special Charters 113

2. Class Charters 114

3. Freeholders' Charters 115

76. How a Community Incorporates . . . . . . 115

77. Disincorporation 117

78. Change of Boundaries ......... 117

79. The Relation of Cities to the United States . . . .118

80. The Relation of Cities to the State 118

81. The Relation of Cities to the Counties in which they are Located 122

82. Consolidated Cities and Counties 124

Chapter VIII. City Government — General Municipal Officers

83. The Contents of City Charters 128

84. Officers and Departments . 128

85. The Principal Governing Board 130

86. The Recall, Initiative, and Referendum 132

87. The Mayor 133

88. The City Clerk 134

89. Financial Officers and Finances 135

90. The City Attorney . . 136

91. Police Judges . .136

92. The Selection of City Officers 137

93. The Removal of City Officers 139

94. The Commission Plan 139

95. The Features of a " Progressive " Charter 141

Chapter IX. City Government — The Municipal Departments

Section 1. The Departments of Public Safety

97. The Police Department 144

TABLE OF CONTENTS 9

98. The Fire Department 147

99. The Health Department 148

100. The Work of City Health Departments 150

101. Some Facts that should be Remembered ..... 152

Section 2. Other Municipal Departments

103. The Department of Public Works 153

104. The Department of Public Supplies 155

105. The Departments of Public Utilities . . . . .156

106. The Park Department 158

107. The Playground Department 159

Section 3. The Educational Departments

108. The School Department 159

109. The Library Department 160

Section 4. Miscellaneous Departments

110. The Civil Service Commission 161

111. Other Governmental Agencies 163

112. The Unity of a City Government 163

Chapter X. Introduction To State Govern- Ment

113. Relation of the State to Local Governments .... 167

114. A Central State Government Necessary ..... 167

115. The Relations between the Nation and the States . . . 168

116. The Sphere of State Activity 170

117. State Constitutions 172

118. The First Constitution of California 173

119. The Second Constitution of California 173

CHAPTER XL THE STATE LEGISLATURE

120. Composition, Terms, and Sessions of the Legislature . . 175

121. The Organization of the Legislature 176

122. The Passing of Laws 177

123. The Powers of the Legislature 180

IO TABLE OF CONTENTS

Chapter XII. The State Executive — Elective Officers And Boards

125. Classification of State Executive Officers and Boards . . 184

126. Terms of Office, Official Bonds, and Vacancies .... 185

127. The Governor . . .185

1. The Executive Duties of the Governor .... 185

2. The Legislative Powers of the Governor .... 188

3. The Judicial Power of the Governor . . . . .189

128. The Lieutenant Governor 189

129. The Secretary of State 189

130. State Revenues 190

131. Summary of State Revenues . 193

132. The State Board of Equalization 194

133. The Controller . .197

134. The Treasurer 201

135. The State Board of Control . ' . . . . . .202

136. The Superintendent of Public Instruction 204

137. The Surveyor-General 205

138. The Attorney- General 206

139. Salaries and Office Help 207

Chapter XIII. The State Executive — Appointive Officers And Boards

140. The Railroad Commission 209

141. The Superintendent of Banks 214

142. The Insurance Commissioner 217

143. The Building and Loan Commissioner 220

144. The Commissioner of Corporations 222

145. The Department of Engineering 223

146. Harbor Commissioners 226

147. Other Harbor Officials 227

148. The Department of Forestry 228

149. State Department of Weights and Measures . . . 229

150. The State Water Commission 230

151. The State Mining Bureau, and Mineral Cabinet . . . 232

152. The Fish and Game Commission 232

153. The Horticultural Commissioner • 234

154. The State Veterinarian . . 237

155. The State Board of Agriculture 238

TABLE OF CONTENTS II

156. The State Dairy Bureau- 239

157. The Labor Commissioner 240

158. Industrial Commissions 241

159. The State Board of Health 244

160. The State Board of Pharmacy .246

161. Boards of Examiners 247

162. State Hospitals 248

163. State Prisons 250

164. The Bureau of Criminal Identification 251

165. State Reform Schools . ... . . . . .252

166. The Institution for the Deaf and the Blind .... 253

167. The Industrial Home for the Adult Blind 254

168. The State Board of Charities and Corrections .... 254

169. The Commission of Immigration and Housing .... 256

170. The Veterans' Home of California 257

171. The Women's Relief Corps Home 258

172. The State Library 258

173. The Superintendent of State Printing 259

174. The Superintendent of the Capitol and Grounds . . . 259

175. The Code Commission . 259

176. State Landmarks 260

177. The State Civil Service Commission 261

Chapter XIV. The State School System

180. School Districts 269

181. Union Districts 270

182. School Boards 271

183. Teachers 272

185. High Schools 273

186. The County Superintendent of Schools 274

187. The County Board of Education 275

188. The State Superintendent of Public Instruction . . . 276

189. The State Board of Education 277

190. School Finances 279

191. State Normal Schools 282

192. The State Polytechnic School 282

12 TABLE OF CONTENTS

193. The State University . . . . - 283

, CHAPTER XV. THE STATE JUDICIAL SYSTEM

195. The Purpose of the Courts 285

196. The Difference between Civil and Criminal Cases . . . 286

197. Kinds of Civil Cases 287

198. The Steps in a Civil Suit 289

1. The Pleadings 289

2. Provisional Remedies 290

3. The Trial 290

4. Judgment and Execution 291

199. Appeals in Civil Cases 291

200. Kinds of Criminal Cases 292

201. Steps in a Criminal Case 293

1. The Arrest 293

la. The Examination 293

lb. The Indictment 294

3. The Arraignment 29$

4. The Trial 295

5. Judgment and Execution 295

202. Appeals in Criminal Cases 296

203. The State Courts 297

204. The Inferior Courts 297

1. Township Courts 297

2. Municipal Courts 298

3. The Jurisdiction of Inferior Courts 298

205. The Superior Courts . .301

206. Court Commissioners 305

207. The Grand Jury .306

208. Trial Juries 308

209. Miscellaneous Points respecting Juries 309

210. The Juvenile Court 310

211. County Law Libraries 314

212. The Higher State Courts 315

1. The District Courts of Appeal . . . • . . . 315

2. The Supreme Court 316

3. The Jurisdiction of the Higher Courts .... 319

213. The Senate as a Court of Impeachment 320

214. Miscellaneous Matters 321

TABLE OF CONTENTS 13

Chapter XVI. The Constitution Of Cali- Fornia

215. The Making of the Constitution 324

216. Contents of the Constitution 325