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contract for and purchase the furnishings therefor, and to purchase and lease real estate for the purpose of erecting armories or arsenals thereon; provided, that it shall be the duty of the state engineer to furnish the plans, estimates and specifications for all armories and arsenals, and to superintend the erection and construction of such buildings.

History: Enactment, relating to armory board, approved March 19, 1909, Stats. and Amdts. 1909, p. 452; amended May 20, 1915, Stats. and Amdts. 1915, p. 676; present act approved May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 316. In effect immediately.

ARTICLE IX.

NAVAL MILITIA.

$ 2111. Divisions (of naval militia).
§ 2112. Application of laws, rules and regulations of United States navy.

8 2111. DIVISIONS [OF NAVAL MILITIA]. The organized naval militia of California shall consist of such numbers of deck and engineer divisions and companies of marines as the commander-in-chief may, from time to time, prescribe, in conformity with the requirements of the navy department. The naval militia shall be located throughout the coast of the State of California at the discretion of the commander-in-chief. The words "division" and company" as used in this chapter in connection with the naval militia shall have the same meaning and effect as "company" when used in connection with infantry as used in this chapter, and the word "battalion” as used in this chapter in connection with the naval militia shall have the same meaning and effect as "battalion" when used in connection with infantry as used in this chapter. The several divisions and companies of marines of the naval militia shall be organized into battalions at the discretion of the commander-in-chief.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 282; amended March 21, 1907, Stats, and Amdts. 1907, p. 833, Kerr's Stats. and Amdts. 1906-7, p. 120; March 22, 1909, Stats, and Amdts. 1909, p. 637; June 16, 1913, Stats. and Amdts. 1913, p. 1118; May 20, 1915, Stats, and Amdts. 1915, p. 678; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 316. In effect immediately.

8 2112. APPLICATION OF LAWS, RULES AND REGULATIONS OF UNITED STATES NAVY. The numerical strength, rank, titles and insignia of rank of the divisions and companies of marines of the naval militia shall conform to the laws, rules and regulations of the United States navy, and such rules and regulations as may be prescribed by the secretary of the navy for the naval militia. The naval militia shall be organized into one or more naval brigades, which shall consist of such administrative battalions as may be prescribed by the navy department for like number of divisions in the United States navy.

The officers, chief warrant officers, warrant officers and enlisted men of the naval militia of California shall be of such number and grades as may be prescribed by the commander-in-chief and the same shall be of the same number and grades as are authorized or prescribed by the laws and regulations of the United States for similar organizations of the United States navy, or as authorized or prescribed by said laws and regulations of the navy department for the naval militia.

All officers now serving in the active naval militia of this state, or who may hereafter be commissioned therein, shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose.

[Examination for commanding officer.] In order to select a commanding officer for the naval militia the adjutant general shall nominate not to exceed three officers, not below the grade of lieutenant commander, and will cause such candidates to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission.

[Vacancies.] When vacancies occur in the commissioned personnel, the commanding officer of the naval militia will recommend not to exceed three candidates to the adjutant general, who will cause such candidates to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission.

Chief warrant officers may be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall receive from the commander-in-chief a commission in the same form as commissioned officers of the naval militia.

Warrant officers may be appointed by the adjutant general upon the recommendation of the commanding officer of the naval militia and warrants for warrant officers may be issued by the adjutant general upon the recommendation of the commanding officer of the naval militia.

Chief petty officers and petty officers shall be appointed by the commanding officer of the naval militia, who shall issue to such chief petty officers and petty officers a warrant in proper form.

[Organization in conformity to United States laws.] The organization of the naval militia shall conform generally to the provisions of the laws of the United States. The system of discipline and

shall con rm to that of the navy of the United States as it is now and as it may hereafter be prescribed by congress and that prescribed by the provisions of the Political Code, relating to the national guard of California, and that prescribed by the secretary of the navy for the guidance of the Daval militia;

[Powers of commander-in-chief.] the commander-in-chief shall have power to alter, divide, annex, consolidate and disband the naval militia or any portion thereof when. ever in his judgment the efficiency of the state forces will thereby be increased, and he shall have power to make such rules and regulations as may be deemed proper for the use, government and instruction of the naval militia; but such rules and regulations shall conform to those governing the United States navy and those prescribed for the secretary of the navy for the conduct of the naval militia. The commander-inchief is authorized to apply to the President of the United States for the detail of commissioned officers and petty officers of the navy to act as inspectors and instructors in the art of naval warfare.. Summary courts-martial for the naval militia when necessary shall be ordered by the commanding officer of the naval militia and general courts-martial for the naval militia when necessary shall be ordered by the commanderin-chief and shall be organized and conducted within the laws, regulations and usages of the United States navy, and the provisions of the section relating to the military courts in this chapter. The proceedings shall be reviewed and sentence executed as provided in this chapter.

[Command of vessels loaned by United States government.] Vessels loaned by the United States government to the State of California for the use of the naval militia shall be commanded by the ranking officer for line duty resident at the port to which said vessel is assigned, and in the absence of such ranking officer for line duty, by the next ranking officer for line duty.

[When insufficient men available.] In a locality where there are insufficient men available to form an engineer division and there already exists an organized deck division, men of the artificer branch may be additionally enrolled in such deck division with such ratings as they may be qualified to fill, until such time as there is a sufficient number of them to form a separate engineer division, and any men in such artificer branch may be rated in the various petty officers' ratings in the artificer branch of the naval service which they are qualified to fill. In a locality where there are insufficient men available to form a marine company and there is already existing in that locality a deck division of the naval militia, a marine section may be organized with one officer and not less than twenty enlisted marines.

Sec. 42. [Repeal.] All laws or parts of laws in so far as they are not consistent with these amendments are hereby repealed.

Sec. 43. [Urgency measure.] Inasmuch as the provisions of the existing law relating to the national guard are in conflict with the provisions of the national defense act, and the provisions herein contained are necessary to enable the national guard of this state to comply with the requirements of said national defense act, and in view of the unsettled condition of the relations of the United States with foreign powers, this act is declared to be necessary for the immediate preservation of the public peace and safety and to be an urgency measure within the meaning of section one of article four of the constitution.

History: Enactment relating to organization of naval militia, strength, rank, etc., approved March 18, 1905, Stats, and Amdts. 1905, p. 283; amended March 21, 1907, Stats, and Amdts. 1907, p. 833, Kerr's Stats. and Amdts. 1906-7, p. 121; March 22, 1909, Stats. and Amdts. 1909, p. 637; March 9, 1911, Stats, and Amdts. 1911, p. 331; June 16, 1913, Stats. and Amdts. 1913, p. 1118; May 20, 1915, Stats. and Amdts. 1915, p. 679; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 317. In effect immediately.

TITLE V.

PUBLIC INSTITUTIONS.

CHAPTER I.

STATE COMMISSION OF LUNACY, STATE HOSPITALS, AND CARE, CUSTODY, APPREHENSION, COMMITMENT OF INSANE AND OTHER

INCOMPETENT PERSONS.

§ 2141. Powers of commission.
$ 2187. Transfer of patients (from one hospital to another].

§ 2141. POWERS OF COMMISSION. The commission has power:

1. To appoint a secretary whose term of office shall be four years from and after the date of his appointment and to fix his salary, which shall not be changed during his term of office, and which shall be paid at the same time and in the same manner as are the salaries of other state officers, and to appoint such other employees as it may deem necessary and fix their compensations;

2. To appoint, by its order, a competent person to examine the books, papers, and accounts, and also into the general condition and management of any institution in this chapter mentioned, to the extent deemed necessary and specified in such order;

3. To fix the annual salaries of the resident officers and treasurers of the state hospitals, which must be uniform in all the state hospitals for the insane and as near uniform as possible in all state hospitals, and to classify the other officers and employees in grades, and determine the salaries and wages to be paid in each grade, which must be uniform in all hospitals for the insane, and as near uniform as possible in all state hospitals;

4. To determine the kind and character of all employees who shall be employed at any state hospital according to the needs and objects of the hospital;

5. To permit any religious or missionary corporation or society to erect a building on the grounds of any state hospital for the holding of religious services, said building when erected to become the property of the state and to be used exclusively for the benefit of the inmates and employees of such state hospital and subject to such regulations and conditions as may be determined or imposed by said commission;

6. To establish and supervise a training school for attendants and nurses in any state hospital, under rules and regulations of the commission.

History: Enactment approved March 26, 1903, Stats. and Amdts. 1903, p. 487; amended February 26, 1909, Stats. and Amdts, 1909, p. 57;

May 5, 1917, Stats. and Amdts. 1917, p. 274. In effect July 27, 1917. $ 2171.

"endanger life, health, person and property."

--Application of Harcourt, 27 Cal. App. 642, 1. Commitment of insane persons. — The

150 Pac. 1001, power of the superior courts or the judges

5. An adjudication and commitment for thereof to examine or try and commit insane

insanity is not sufficiently supported by the persons to the hospitals for the insane,

certificate of the medical examiners and the maintained by the state, is derivable alone

findings of the judge stating that the patient from legislative enactments, and where the

is insane, and is so far disordered in mind statute prescribes a specific test determina

as to possibly endanger health, person and tive of the question of insanity, that is to

property, but where such certificate and findsay, where the test thus prescribed requires

ings further recite that it is dangerous or a finding of a specifically defined character

life, health, person and property for such of mental derangement to authorize or jus

person to be at large, and that her conditify the commitment of the patient to a

tion is such as to require care and treatment public hospital for the care and treatment

in a hospital for the care and treatment of of the insane, then the evidence addressed

the insane, the judgment and commitment to the issue and the findings of the judge

is sufficiently supported. — Application of must measure up to such test in order to

Harcourt, 27 Cal. App. 642, 150 Pac, 1001. sustain the conclusion that the person is afflicted with such form of insanity; other

§ 2185c. wise, even though the patient is not wholly of sound mind, the order of commitment is

INEBRIATES AND DRUG HABITUESin excess of the legal authority or jurisdic

ARREST AND COMMITMENT. tion of the court or judge conducting the in- 1. As to object of statute. quisition.-Application of Harcourt, 27 Cal. 2. Jury trial-Right to. App. 642, 150 Pac. 1001.

3. Nature of proceeding. 2. The provisions of section 2168 to and 4. -Special proceeding. including section 2171 of the Political Code 5, 6. Reasonable opportunity to produce witregulating the examination and trial of per

nesses. sons charged with being insane, and the ad- 1. As to object of statute.-The object judication of insanity in such cases, pre- of this statute is merely to authorize the scribe such a test, and to that test the state to take charge of and force treatment evidence and the findings of the medical upon those so far addicted to the intemexaminers and the court or judge must con- perate use of alcoholic liquors or narcotics form to justify an adjudication of insanity.- to have lost the power of self-control Application of Harcourt, 27 Cal. App. 642,

to have become inebriates or dipso150 Pac. 1001.

maniacs. The legislation represents the ex3. Under the provisions of such sections ercise only of the police power whereby the the degree or character of insanity necessary state may control or correct the individual to be found in one to justify an adjudica- habits of its citizens where such habits are tion that he is insane is, that he must be, or may become a menace to the peace, comby reason of his insanity, a menace to life, fort, health and "good-neighborhood” of the health, person and property, and therefore commonwealth. Matter of Application of dangerous to be at large, and while it is not O'Connor, 29 Cal. App. 225, 155 Pac. 115. necessary in order to support the adjudica

2. Jury trial-Right to.-One is not ention and commitment that finding or

titled as a matter of right to a jury trial, conclusion from the evidence that he is dis

and therefore this section is not unconstituordered in mind to the degree prescribed

tional because it omits to provide for a jury should be in the precise language of the

trial in cases arising under its provisions. statute, it should be so expressed that it

The right to a trial by jury secured by the clearly appears therefrom that the patient

constitution is the right as it existed and is so disordered in mind as to endanger life,

was recognized at common law.—Matter of health, person and property, and for that

Application of O'Connor, 29 Cal. App. 225, reason is dangerous to be at large.-Appli

155 Pac. 115. cation of Harcourt, 27 Cal. App. 642, 150 Pac. 1001.

3. Nature of proceeding. Under the com4. It is essential in order to justify a mon law there was no inquisition precisely judgment or order adjudging a person insane like

that authorized by this section, the to the extent that his confinement in a hos- nearest approach being under the writs of pital for insane persons is necessary to the de idiota inquirendo and de lunatico inquirsafety of the public, that there be a finding endo. The theory upon which such inquisiof a mental condition in the patient from tions were conducted in a summary manner which there will follow more than a mere without a jury was that the proceeding does possibility that he will, by reason of such not involve an inquiry as to whether condition, if allowed to remain at large, crime had been committed, nor was the com

as

or

а

a

mitment of the patient intended as a pun-
ishment, but its purpose was for the sole
benefit of the patient by facilitating the
"proper treatment for his disease and at the
same time protecting his estate from being
lost or destroyed by improvidence or impo-
sitions on him. This is all true under the
proceedings provided herein. No investiga-
tion of a criminal act is involved, nor is the
detention of the patient for a period pre-
scribed by the section penal punishment nor,
intended as such.—Matter of Application of
O'Connor, 29 Cal. App. 225, 155 Pac. 115.

4. —Special proceeding.–The proceeding hereunder does not involve a trial, but is a mere inquisition by way of a special proceeding, the determination of which should be left largely to persons possessing the learning of experts, and not to laymen, of whom jurors are usually composed, and who do not possess the learning and training essential to the intelligent solution of the scientific question involved, that is, whether or not the person is suffering from some serious mental infirmity.-Matter of Applica

tion of O'Connor, 29 Cal. App. 225, 155 Pac.
115.
Reasonable opportunity to

produce witnesses.-In a proceeding for the commitment of an alleged inebriate to an insane hospital, it is not a denial of the right of the "reasonable opportunity" given by section 2185c of the Political Code for the production and examination of witnesses, to set the time for the hearing a few hours after the time that the accused was brought before the judge for a hearing and examination of the charge.—Matter of Application of O'Connor, 29 Cal. App. 225, 155 Pac. 115.

6. What constitutes the "reasonable opportunity" to produce and examine witnesses which the statute contemplates shall be given a person charged and examined under section 2185c of the Political Code is a matter which must be determined by the circumstances of each particular case, and thus the matter is one whose determination rests in the sound discretion of the judge before whom the charge is pending and heard.—Matter of Application of O'Connor, 29 Cal. App. 225, 155 Pac. 115.

8 2187. TRANSFER OF PATIENTS FROM ONE HOSPITAL TO ANOTHER). (a) When the building of any state hospital becomes overcrowded with patients or inmates, or the number of buildings is reduced by fire, or other casualties, or for other sufficient cause, the commission may, in its discretion, cause the transfer of patients or inmates therefrom or direct that patients or inmates required to be sent thereto, be transferred to another state hospital, where they can be conveniently received, or make, in emergencies, temporary provision for their care, preference to be given in such transfer to a hospital in an adjoining rather than a remote district. The expense of such transfer is chargeable to the state, and the bills for the same, when approved by the commission, must be paid by the treasurer of state on the warrant of the controller, out of any moneys provided for the care or support of the insane.

(b) [Transfer on request of relatives or friends.) Patients may be transferred at the request of relatives or friends; provided, there is room in the hospital to which transfer is sought, but in case of transfers made as last provided the expense of such transfers shall be paid by such relatives or friends; provided, further, that transfers as last provided, shall not be made unless the consent of the commission and the medical superintendents of the hospitals from which and to which said transfer is to be made be obtained.

(c) [Transfer from home for feeble-minded to state hospital.] The commission, when it deems it necessary, may transfer any inmate of the home for feeble-minded for care and treatment to a state hospital for the insane for care and treatment therein and the counties, guardian, relatives or friends of such inmate shall be liable for his care, support and maintenance in said hospital for the insane in the same manner and to the same extent as if the said patient were still an inmate of said home. The commission, when it deems it necessary, may transfer any patient in any state hospital for the insane to the said home for care and treatment therein. The estate, relatives, or friends of such patient, or the county, from which such patient was originally committed, shall be liable for the care, support, and maintenance of such patient at the said home in the same manner and to the same extent as if the said patient had been originally committed to the said home at the date of such transfer.

History: Enactment approved March 26, 1903, Stats. and Amdts. 1903, p. 508; amended February 26, 1909, Stats. and Amdts. 1909, p. 73; May 5, 1917, Stats. and Amdts. 1917, p. 275. In effect July 27, 1917.

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