Imagens da página
PDF
ePub

of delivering water solely to its stockholders or members at cost does deliver water to others than its stockholders or members for compensation, such private corporation or association becomes a public utility and subject to the terms of the public utilities act and the jurisdiction, control and regulation of the railroad commission of the State of California.

§ 4. Regulation of Utility.-Whenever any private corporation or association is organized both for the purpose of delivering water to its stockholders or members at cost and to persons, firms, corporations, municipalities or other political subdivisions of the State in addition thereto, such private corporation or association is a public utility and subject to the provisions of the public utilities act and to the jurisdiction, control and regulation of the railroad commission of the State of California.

§ 5. Limiting Sale of Water.-Whenever the railroad commission, after a hearing had upon its own motion or upon complaint, shall find that any water company which is a public utility operating within this State has reached the limit of its capacity to supply water and that no further consumers of water can be supplied from the system of such utility without injuriously withdrawing the supply wholly or in part from those who have theretofore been supplied by such corporation, the railroad commission may order and require that no such corporation shall furnish water to any new or additional consumers until such order is vacated or modified by the said commission. The commission shall likewise have the power after hearing upon its own motion or upon complaint, to require any such water company to allow additional consumers to be served when it shall appear that to supply such additional consumers will not injuriously withdraw the supply wholly or in part from those who theretofore had been supplied by such public utility.

§ 6. Powers of Railroad Commission.-The railroad commission shall have the power to require any and all water corporations to file with the commission a statement in writing defining and describing the lands and territory to be supplied by such corporation with water, and when such territory is described and defined in the articles of incorporation of any such corporation or in the places of designated use in the notices of appropriation under which the rights of such corporation to appropriated water are initiated in accordance with section 1415 of the Civil Code, and it shall appear either from said statement filed by such water corporation or from said articles of incorporation or said notices of appropriation that such water corporation has undertaken to supply more consumers or a greater number of acres than it can adequately supply, the commission may require. such corporation to limit the number of consumers or acres of land which it has undertaken to supply or which is set out in its articles of incorporation or notices of appropriation to such a limited number of consumers or acres of land as the commission shall find, after hearing, such water corporation may adequately supply. This provision does

not apply to territory or consumers which have once been served by said corporation, and as between consumers who have been voluntarily admitted to participate by the corporation in its supply of water or been required to be supplied by an order of the railroad commission, in times of shortage there shall be no priority or preference, and such corporation in times of shortage shall be required to apportion such supply ratably among its consumers.

§ 7. Defining Language of Section 1.-The language in section 1 of this act "whether under contract or otherwise" shall not be construed as authorizing a contract by a person or corporation defined herein as a public utility which shall in anywise deprive the State or the railroad commission or other competent authority of power to regulate the rates and service of any such public utility.

FULL CREW ACT.

(Approved May 27, 1913.)

§ 1. Title of act, full crew on all trains-Passenger trains.

cascos cascascos cos cos

2.

Main crew-Freight trains.

[blocks in formation]

§ 1. Title of Act, Full Crew on All Trains-Passenger Trains.—It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this State to run or permit to be run, any passenger, mail or express train propelled or drawn by steam, electricity or other motive power that has not at least the following named employees thereon: one engineer, and one fireman for each steam locomotive where such train is propelled or drawn by steam, one electric motorman for each train where such train is propelled or run by electricity, and one motor or power control man for every train where said train is propelled by other motive power than steam or electricity, one conductor, one brakeman, one baggageman; provided, that upon any such train upon which baggage is not hauled and on gasoline motor cars, a baggageman need not be employed; provided, further, that on any such train where four cars exclusive of railroad officers' private cars, or more than four cars are hauled, exclusive of railroad officers' private cars, two brakemen instead of one shall be employed.

§ 2. Main Crew-Freight Trains. It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this state to run or permit to be run on any main track or branch line operating by it any freight or work train propelled by steam, electricity, or other motive power

that has not at least the following employees thereon: one engineer and one fireman for each steam locomotive where such train is propelled or drawn by steam, one motorman for each train where such train is propelled or run by electricity, and one motor or power control man for every train where such train is propelled by motive power other than steam or electricity, one conductor and two brakemen; provided, that on any such train running on any track which attains a grade of one per cent or less than one per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars, four brakemen for seventy-six cars and an additional brakeman for every additional twenty-five cars; provided, further, that on any such train running on any track which attains a grade of more than one per cent and less than one and one-half per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars, and an additional brakeman for every twenty-five cars or fraction of twenty-five greater than twelve cars; provided, further, that any such train running on a track which attains a grade of more than one and one-half per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars and an additional brakeman for every fifteen cars or fraction of fifteen greater than seven cars.

§ 3. Wrecking Train Crew.-It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this State, to run or permit to be run any train propelled or drawn by steam, electricity or other motive. power other than those trains described in sections 1 and 2 of this act that have not at least the following named employees thereon: one engineer and one fireman for each steam locomotive where such train is propelled by steam, one motorman for every train where such train is propelled or drawn by electricity and one motor or power control man for each train propelled by other motive power than steam or electricity, one conductor and one brakeman; provided, that nothing in this act contained shall apply to a locomotive or locomotives without cars; nor to any relief or wrecking train in any case where a sufficient number of employees to comply with this section are not available for service on such relief or wrecking train.

§ 4. Previous Service of Employees. It shall be unlawful for any such common carrier to employ any person as a steam locomotive engineer who shall not have had at least three years' actual service as a steam locomotive fireman or one year's actual service as a steam locomotive engineer, or to employ any person as a conductor who shall not have had at least two years' actual service as a railroad brakeman on steam or electric railroad other than street railway, or one year's actual service as a railroad conductor, or to employ any person as a brakeman who shall not have passed the regular examination required by transcontinental railroads; provided, that nothing in this act contained shall apply to the running or operating of locomotives or motor power cars to and from trains at terminals by hostlers or to the running or operating of steam locomotives or motive power cars to and

from engine-houses or to the doing of work on steam locomotives or motive power cars at shops or engine-houses.

§ 5. Violations-Misdemeanor.-Any violation of this act shall be a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

§ 6. Train Crews During Strikes or Walkouts.-Nothing in this act contained shall apply to the operation of any train by said common carrier during times of strikes or walkouts, participated in by any of the hereinbefore mentioned employees of such common carriers.

§ 7. Gasoline and Electric Train Crews.-Nothing contained in this act shall be construed or be held to apply to gasoline motor cars operated exclusively on branch lines nor to trains of less than three cars propelled by electricity.

cascos cas

HEADLIGHT ACT.

(Approved June 4, 1913.)

1. Time in which headlights must be installed.

2. Penalty for violation of act.

§ 3. Repeal.

§ 1. Time in Which Headlights must be Installed. It shall be the duty of every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this state, within six months after the passing of this act, or within such additional time as may be prescribed by order of the railroad commission of California, after such railroad has made a proper showing of its inability to comply therewith, to equip all locomotive engines, used in the transportation of trains over said railroad, with electric or other headlights which will project sufficient light to enable the locomotive engineer to observe clearly a dark object the size of an average man, at a distance of not less than eight hundred feet on a dark, clear night while his train is running at a rate of speed not less than thirty miles per hour; provided, that this act shall not apply to locomotive engines regularly used in the switching of cars or trains; provided, further, that this act shall not apply to locomotive engines used exclusively between sunup and sundown, nor going to or from repair shops when ordered in for repairs. nor to locomotive engines used on short lines or local lines where in the judgment of the railroad commission, the headlight herein provided for is not necessary for the preservation of public safety.

§ 2. Penalty for Violation of Act.-Any railroad company, or receiver or lessee thereof, doing business in the State of California, who shall violate the provisions of this act, shall be liable to the State of California for a penalty of not less than one hundred dollars, nor more than one thousand dollars, for each offense; and suit shall be brought to recover such penalty in a court of competent jurisdiction, in the name of the people of the State of California, by the Attorney

General or by the district attorney of any county in or through which said railroad may be operated.

§ 3. Repeal.-All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

PIPE-LINE ACT.

(Approved June 4, 1913.)

§ 1. Defining pipe-lines.

2. Defining unfair practice.

§ 3. Defining unreasonable contracts, etc.

4. Defining "unreasonable."

5. Penalty for violation.

§ 6.

Duty of Superior Court to prevent violation of act.

7. Damages for injury to business by reason of violation of act. § 8. Definition of "person."

9. Definition of " common carrier railroad."

10. Definition of "oil pipe-line.'

§ 11. Definition of term "oil pipe-line."

§ 12. Permission to become common carrier.

§ 13. Permit to procure license.

§14. Issuance of license-License fee.

15. Monthly report of oil pumped through pipe-line.

§ 16. Examination of reports-Penalty.

17. Penalty for violation of act by employees.

§ 18.

Failure to pay license fee.

§ 19. License fee a lien on property.

§ 20. Exemption from monthly license fee.

§ 21. Validity of entire act not affected by unconstitutionality of part of act.

§ 1. Defining Pipe-lines.-Any and every contract, combination in form of trust or otherwise, or arrangement of any kind, implied, tacit or otherwise, or conspiracy between a common carrier railroad which is equipped for the transportation of crude oil, petroleum or the products thereof, or which has filed, or may lawfully be required to file, a schedule of rates with the railroad commission of California for such transportation, and which operates from or through any crude oil or petroleum producing field or fields or shipping points in the vicinity of any thereof, in the State of California, for a distance of thirty-five miles or more in the aggregate, either continuously or otherwise, to any refinery or refineries of crude oil or petroleum or any of the products thereof, or to or through any selling, marketing, consuming or shipping points or the vicinity of any thereof, for such crude oil or petroleum or any of the products thereof, and any oil pipeline which is used or operated for the transportation of crude oil or petroleum or any of the products thereof, otherwise than as a common carrier, from or through the same, or any of the same oil or petroleum producing fields or shipping points or from the vicinity of any thereof, for a distance of thirty-five miles or more in the aggregate, either

« AnteriorContinuar »