Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-09
CALIFORNIA LEGISLATURE.
FIRST EXTRA sEssIoN-FIFrH DAY.
SENATE.

Minutes read and approved.
Mr.. WArsoN introduced bill to divide the State
into COngresiona districts. This bill is the same
as introduced in the Assembly by Nr. Hendfiek q
synopsis of which was published in the RECORD
UNION OF April 7th. It was referred TO the Commis
tee ON Apperii0nment
Mr.. GoRNAN introduced bill to divide the State
into Assembly districts. Referred to the Committee
on appointment
Mr.. BYRsEs, from the Committee on Roads and
Highways, rei. rted back :. b. 1, with amendments
and recommended its passage.
This bill passed the Senate at the regular session,
and repeas all sections OF the Political Code refer.
ring to roads ami highways, and adds fty-fiv new
sections known as a general road law, 1t provides
that public highways are roads, streets, trails,
ldges etc, laid oud as such or dedicated or aban-
doned to the public. Dissolution of road or
bridge corporation or non-user works dedication.
Highways Go be at least 40 and bridges at least 20
feet. Vacation OF road to be only by order OF
Supervisors. The public, by taking land for a road
acquires only ri hit OF way and necessary incidents
OF enjoyment. Sidewalks may be built by land
owners along such a highway, subject to the au-
thCrity OF the Supervisors. Use Oh same without
consent by driving team or horse thereon is tres
pass, with So fine and damages Trees may be
planted by owners Of land along highways not less
than three rods wide, in regular rows and 20 feet
apart, and not than six feet from the boundary
of the road. If the road is six rods wide, the
rows must be not less than six more than u
feet from the boundary etc. Injury to the trees
vlsors to lay out road districts, and be each for
his district eX otfico Road Commissioner
They may appoint 0verseer for each district
Supervisors to have general supervision of roads
and bridges and cause same to be viewed, surveyed
laid out recorded abandoned, etc, ald may buy
right of way o. condemn, Improve by contract, levy
property road tax, direct uverseers as to work TO
be done. set mile and gude-posts, road tax TO
be collected, audit claims and draw warrants estab
lish gates, etc. at expense OF parties benefited, fix
penalties for violation of gate rules, etc Road
overseers duties specified at length, and their
fixed at not to exceed IS per day for
each days service. Not to exceed 20 per cent. of
the aggregate for general county road purposes to
be set aside from property road tax for general
road fund.- to be used for general county road pur-
poses and to assist impoverished districts No debt
on road district to be created in excess of esti
mated amount of receipts from the district for the
current year. Male inhabitants over q and under
50 to pay road poll tax Of - per Year Supervisors
yearly TO estimate probable amount of property
tax for road purposes Necessary for the
ensuing year, over and above the road
way tax and levy it. Annual property road
tax to be levied BY Supervisors, and, not TO ex-
ceed 40 cents on each S100 OF value of taxable
To be collected as are other taxes and by
the same officers who collect other taxes. All the
road tax and poll tax to be expended only
for road purposes in the district, except 10 the
20 per cent. above mentioned. Road tax aud prop
erty tax not TO be collected in Incorporated towns
ttlGS WHICH levy ilNtS alleNs
thereof. Bridges between cities or towns and road
districts to be built by both jointly. Corporations
and employers responsible for read tax of employees
fen freeholders may petition for alteration or dis
continuance Of road or for a new one. The petit
ion must describe the route, give probable cost.
name lands affected, advantages Of the change, etc.
md petitioners must give bond in double the
amount OF the proposed cost of viewing and laying
out the proposed road or altera ton, eondi-
Toned for the payment of viewing and
in case the road is not laid out
Petition being filed the Supervisors must appoint
.hree viewers one to be a surveyor, 10 act and re-
port estimate Of cost and their views OF necessity
1f the change. They must be dsinterested citizens
d the county, be sworn, ETC.; must view and Law
)ut on most practicable route, notify land owners
ascertain if they consent or make demand for pay
ior right of way, etc; report cost Of grading
bridges, etc, and whether public convenience will
DC subserved by the road, etn. They must report
'he course, termini, length and,co estimate dam
.ges and other necessary facts hey are to receive
p per day each Tor actual service and the surveyor
his legal fees In running out ana mapping road
md making plat and field notes Supervisors
must fix day OF hearing the report giving personal
written notice, to owners not consenting
II ten days. Shall then hear evidence and
proof of all parties interested, and then
ieclare amount Of damages awarded to
The non-consenting, and approve or reject the
7iewers report. II approved, and there are no
ION. .consenting owners, the order must be made de-
daring it public highway, and the order made to
IL.
)peLed or altered, an order shall be made stating
he location, the damages sustained by each owner
'r claimant and ii to an unknown owner that it be
sept for establishment Of ownership or right to
claim. II the awards are all accepted the road
hall be declared public highway II any award is
eiected, the Board is to proceed to condemn under
he Code. If the defendant fails 10 recover more
han the damages allowed by the Board he Is to pay
III the costs of the suit. Awards to be paid out of
he district road fund divided between the funds
n ntp A11y II
oad may petition Supervisors setting out lauds and
affected conditions TO be observed as to gates
,tc Ii all affected consent the Supervisors order the
-oad or private or by-road. Ii all do not agree
he same steps shall be taken in the case OF pub
ic roads, except that only the person persons de
iring the road need petition II petitioner cannot
gain access to public roads or schools
'xcept by crossing land OF non. consenting owners
lie must file bond for payment TO such of damages
or temporary use of land pending final determine .
ion OF the matter, and the road shall then be TEN.
lorarily opened. If refusal TO open is still persisted
n, the owner shall be responsible in damages there
or, to be determined by a competent Court
josts of gates, bridges, ETC., and their main
enance always to be charge against
hose seeking to- have the road laid out
Where public roads cross railroads. canals etc,
II corporations on public lands, the corporations
must prepare their property so read can cross
Without delay or danger When right of way for
'ublic road is had through condemnation over anv
abroad, canal, ETC., no damages to be awarded
OF slnpe rlgnt 10 cross. Fences to be removed in
'pening or altering n road to be done by owners
Expense, and if be fail then, after notice by the
)verseer at owners expense, and sold to satisfy the
Judgment. Bridges not otherwise specially pro
1ded for to be maintained at district expense or
districts uniting and county at large and rensirs
obstruction maintenance are to be paid primaril
ut OF district fund in hands of Countv
treasurer, and from road taxes. Weak districts to
e aided by general fund or bridge tax not to ex-
eed one-fourth of one per cent on all county prom
o ipsrS h..
led by Supervisors, and the contract let to the low
st bidders after two weeks notice. One overseer
must aid another, on five DAYS nOtic in repar of
ridge in which two districts are interes.td II
'verseers fail to repair bridges, Supervisors will
rider it on petition of two freehoders Superyi-
ors to meet twice annually with Road overseers. ON
avs set apart for their respective districts to hear
eports and complaints and make orders necessary
.ncroachments on roads to be removed on notice
rom Ovorseer, or at expense of party encroach,nq
he neglects after suit in Court to declare
he encroachment nuisance, with iudp.
1ent OF damages at SO per day for each day
he nuisance remains after notice II the encrosch-
nent is not denied, but is not removed, the over
eer to remove it at owners cost and with like dam
ges recoverable. Leaving gate open willtulv. or
lding on ground adjoining the road on which gate
!, renders one liable to treble damages. Penalties
re specified for obstructing or iniuring highway
iverting watercourse therein, or removing mile
cards or posts. Owners Of land to remove fallen
rec or obstruction from road, under penalty
ridges 10 De crossed at walk only, under penaltv
enaties specified for iniuring trees planted along
ighways.
The bill was put upon its second reading. and
ome unimportant amendments made to sections
SIS, 2625, 1927 and 1928, when, at 1890, the Pres
ent declared recess until o'clock
Afternoon Session.
On reassembling consideration OF s. B. was re. |
1med without completing the reading the sub. |
,ct was postponed.
MIR. JOHNSON introduced bill to divide the State
Ito senatorial Districts. Referred to Committee |
n appointment.
Mr.. JOHNSON also gave notice of bill to divide |
le State into Assembly Districts, and the Secretary
as instructed to have the same printed
Mr.. WENDELL, from the Judiciary Committee. re- |
orted on the resolution referred to them as to the
Ct alternative Act as suggested
Y the Governor IN his message. They have consid |
red the same, and respectfully report that such an
ct would be constitutional and valid The power
the Legislature to pass an Act conditioned to
Ike effect upon the happening of future event is
ndoubted. and upon the happening of such event |
lie Act will take effect, and not otherwise, the re-
riction being that the Legislature must determine
to the sxDediency of the Act, and not delegate
lat question to others which would be a delepa
on of legislative power. In other words it must