authorized and such book shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or to prescribe for the use of any habitual user of the same any cocaine, opium, morphine, codeine, heroin, or chloral hydrate, or any salt, derivative or compound of the foregoing substances or their salts, derivatives or compounds; and it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act, provided, that the above provisions shall not apply to preparations sold or dispensed without a physician's prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or one-sixth grain heroin, or one-sixth grain cocaine, or one-sixth grain eucaine, or one-sixth grain nova caine or one-sixth grain beta eucaine or ten grains chloral hydrate in one fluid ounce or, if a solid preparation, in one ounce, avoirdupois ounce. [Amendment approved April 25, 1911; Stats. 1911, p. 1106.]

Possession of opium pipes a misdemeanor.

§ 8a. The possession of pipes used for smoking opium (commonly known as opium pipes) and the usual attachments thereto is hereby made a misdemeanor and upon conviction thereof shall be punishable by the penalties prescribed in section 7 of this act. [New section added April 25, 1911; Stats. 1911, p. 1108.]

Drugs and pipes to be destroyed.

§ 8b. All narcotic drugs specified in section 8 and also all pipes used for smoking opium (commonly known as opium pipes) and the usual attachments thereto, seized under the provisions of this act shall be ordered destroyed by the judge of the court in which final conviction was had; said order or destruction shall contain the name of the party charged with the duty of destruction as herein required. [New section added April 25, 1911; Stats. 1911, p. 1108.]

Sale of carbolic acid prohibited.

§ 9. The sale or furnishing of carbolic acid (phenol) in quantities of less than one pound is prohibited unless upon the prescription of a physician, dentist or veterinary surgeon duly licensed to practice in this state, but this prohibition shall not apply to solutions of carbolic acid (phenol) containing not over ten per cent of the carbolic acid (phenol) and not less than ten per cent of ethyl alcohol. All sales of carbolic acid (phenol)

thus diluted so as to contain no more than ten per cent of carbolic acid (phenol) may be made under the same conditions as the drugs enumerated in schedule "B" as found in section 7, but sales of carbolic acid (phenol) containing more than ten per cent of said acid shall be registered subject to the same regulations as the poisons enumerated in schedale "A" as found in section 7. [Amendment approved April 25, 1911; Stats. 1911, p. 1108.]

An act providing that, in any city of the first class or city and county in this state, where by general law or by charter the board of police commissioners of such city, or city and county are authorized and empowered to appoint, promote, suspend, disrate or dismiss any police officer or member of the police department, and to prescribe rules and regulations for the government, discipline, equipment and uniform of such police department, and from time to time to alter or repeal the same, and to prescribe penalties for the violations of any such rules and regulations, all such rules and regulations must be reasonable and couched in plain and concise language, and providing that such board of police commissioners shall prescribe a separate and distinct penalty for the violation of each of such rules and regulations which shall be graded according to the importance and nature of the rule or regulation violated, and providing that such penalty shall in all cases be reasonable, and that the same shall be couched in plain and concise language, and printed or published, as the case may be, in the manual or guide published for the guidance and information of the police officers or members of such police department and in connection with the rule or regulation to which the same is intended to apply, and providing further that such board of police commissioners shall not have power to inflict unreasonable penalties for the violation of such rules and regulations; nor to inflict penalties for the violation of such rules and regulations arbitrarily, nor unless justified by proper and competent evidence, also providing certain procedure in hearings for the violation of such rules and regulations, and that courts of competent jurisdiction may review the proceedings had upon such hearings for certain purposes, and that all acts and parts of acts in conflict herewith are hereby repealed.

[Approved March 23, 1907. Stats. 1907, p. 993.]

Amended 1911, p. 1158.

The amendments of 1911 are as follows:

Act giving police commissioners power to make regulations, etc., amended. New title.

The title of an act entitled "An act providing that, in any city of the first class or city and county in this state, where by general law or by charter the board of police commissioners of such city, or city and county are authorized and empowered to appoint, promote, suspend, disrate or dismiss any police officer or member of the police department, and to prescribe rules and regulations for the government, discipline, equipment and uniform of such police department, and from time to time to alter or repeal the same, and to prescribe penalties for the violations of any such rules and regulations, all such rules and regulations must be reasonable and couched in plain and concise language, and providing that such board of police commissioners or board of trustees shall prescribe a separate and distinct penalty for the violation of each of such rules and regulations which shall be graded according to the importance and nature of the rule or regulation violated, and providing that such penalty shall in all cases be reasonable, and that the same shall be couched in plain and concise language, and printed or published, as the case may be, in the manual or guide published for the guidance and information of the police officers or members of such police department and in connection with the rule or regulation to which the same is intended to apply, and providing further that such board of police commissioners shall not have power to inflict unreasonable penalties for the violation of such rules and regulations; nor to inflict penalties for the violation of such rules and regulations arbitrarily, nor unless justified by proper and competent evidence, also providing certain procedure in hearings for the violation of such rules and regulations, and that courts of competent jurisdiction may review the proceedings had upon such hearings for certain purposes, and that all acts and parts of acts in conflict herewith are hereby repealed.". approved March 23, 1907, is hereby amended to read as follows: "An act providing that, in any city of the first or second and one-half class or city and county in this state, where by general law or by charter the board of police commissioners of such city, or city and county, are authorized and empowered to appoint, promote, suspend, disrate or dismiss any police officer or member of the police department, and to prescribe rules and regulations for the government, discipline, equipment and uniform of such police department, and from time to time to alter or repeal the same, and to prescribe penalties for the violation of any such rules and regulations, all such rules and regulations must be reasonable and couched in plain and concise language, and providing that such board of police commissioners shall prescribe a separate and distinct penalty for the violation of each of such rules and regulations which shall be graded according to the importance and nature of the rule or regulation violated. and providing that such penalty shall in all cases be reasonable, and that the same shall be couched in plain and concise language, and printed or published, as the case may be, in the manual or guide published for the guidance and information of the police officers or members of such police

department and in connection with the rule or regulation to which the same is intended to apply, and providing further that such board of police commissioners shall not have power to inflict unreasonable penalties for the violation of such rules and regulations; nor to inflict penalties for the violation of such rules and regulations arbitrarily, nor unless justified by proper and competent evidence, also providing certain procedure in hearings for the violation of such rules and regulations, and that courts of competent jurisdiction may review the proceedings had upon such hearings for certain purposes, and that all acts and parts of acts in conflict herewith are hereby repealed." [Amendment approved April 27, 1911; Stats. 1911, p. 1158.]

Rules for police department must be reasonable, etc. Severer penalties may be made for second violation of rules.

§ 1. In any city of the first class, or in any city of the second and one-half class containing a population of over forty-two thousand by the federal census of 1910, or in any city and county in this state, where by general law, or by charter the board of police commissioners or board of trustees of such city or city and county are authorized and empowered to appoint, promote, suspend, disrate or dismiss any police officer or member of the police department, and to provide rules and regulations for the government, discipline, equipment and uniform of such police depart ment, and from time to time to alter or repeal the same, and to prescribe penalties for the violation of any such rules and regulations, all such rules and regulations must be reasonable and couched in plain and concise language, so that the same may be easily understood by persons of ordinary education and understanding, and such board of police commissioners or board of trustees shall prescribe a separate and distinct penalty for the violation of each of such rules and regulations, which said penalties shall be graded according to the importance and nature of the rule or regulation violated, and the consequent gravity of its violation, and in all cases such penalties shall be reasonable, and shall be couched in plain and concise language, so that the same may be easily understood by persons of ordinary education and understanding; and such penalties, together with the several rules and regulations to which they are intended to apply, shall be printed or published, as the case may be, in the manual or other guide published for the guidance or information of the police officers or members of such police department, and each of such penalties shall be so printed or published in direct connection with the particular rule or regulation to which the same is intended to apply, so that the rule or regulation and the penalty for its violation may be easily and readily understood. Nothing in this section contained shall be construed to prevent or prohibit any such board of police commissioners or board of trustees from prescribing other and more severe penalties for a second or repeated violation of any such rule or regulation, or a subsequent violation of any such rule or regulation thus prescribed; provided, that such penalties shall be reasonable, and shall be printed or published

as herein before provided for, nor shall anything in this section contained be construed to prevent or prohibit such board of police commissioners or board of trustees from prescribing like or similar penalties for the violation of more than one of such rules and regulations; provided, that the same shall be printed or published in connection with the rule or regulation to which the same is intended to apply as hereinbefore provided. [Amendment approved April 27, 1911; Stats. 1911, p. 1160.]

Penalty may be inflicted only after full hearing. Written charge. Right to appear in own defense.

§ 2. No penalty for the violation of any rule or regulation of the board of police commissioners or board of trustees of any such city or city and county, as is mentioned in section 2 of this act, shall be inflicted upon any police officer or member of the police department thereof, except that a full, fair and impartial hearing before such board of police commissioners or board of trustees shall first have been had upon the charge or complaint preferred against such officer or member as hereinafter provided. Such hearing can be had only upon a written charge or complaint filed with the secretary or clerk of such board, which must be verified by the oath of the person making the same, and must contain a statement in ordinary and concise language of all the facts constituting the charge made. A copy of such charge or complaint shall be served upon the person charged at least five days prior to the time set for the hearing thereof. At such hearing the person charged shall have the right to appear in person and by counsel and make defense to such charge; he may produce witnesses to testify in his behalf upon such hearing; he shall also have the right, if he shall so request, to have all of the testimony given upon such hearing, both against him and in his behalf, reduced to writing by questions and answers, or reported by a stenographer and transcribed; which said written or transcribed testimony shall be filed and remain of record in the office of the secretary or clerk of the said board of police commissioners or board of trustees, and such board must render its decision upon the evidence adduced upon such hearing and not otherwise. No such board of police commissioners or board of trustees shall have power or authority to inflict any penalty for the violation of any such rule or regulation, arbitrarily, nor unless such evidence shall justify such action. [Amendment approved April 27, 1911; Stats. 1911, p. 1161.]

Right to hold office during "good behavior" a substantial right. Superior court may inquire into proceedings.

§ 3. In any such city, or city and county, as is mentioned in section 2 of this act, where the right to hold the office of police officer, or member of the police department is dependent upon the "good behavior" of such officer or member subject to reasonable rules and regulations of the board of police commissioners or board of trustees thereof, such right to hold such office is hereby declared to be a substantial right of which he shall not be deprived arbitrarily, nor summarily, nor otherwise than upon a