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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." 1. Commitment of insane persons. — The

--Application of Harcourt, 27 Cal. App. 642,

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 for 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 HABITUES in 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. as to have lost the power of self-control Application of Harcourt, 27 Cal. App. 642, or 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 a 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 a condition, if allowed to remain at large, crime had been committed, nor was the com

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.

5. 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 21850 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.

CHAPTER IIa.

ORPHAN ASYLUMS.

$ 2283. Appropriation of aid.
$ 2285. Books to be kept by institutions.
$ 2286. Board of control may inquire into institutions.
8 2289. Institutions and children entitled to aid.

8 2283. APPROPRIATION OF AID. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, to each and every insti. tution in this state conducted for the support and maintenance of needy minor orphans, half orphans, or abandoned children, and to each and every county, city and county, city, or town maintaining such orphans, half orphans, or abandoned children, or any or all of such classes of persons, aid as follows:

[Orphan, one hundred dollars; half orphan, seventy-five dollars.] For each whole orphan and abandoned child supported and maintained in any institution, not in excess of one hundred dollars per annum; and for each half orphan, not in excess of seventyfive dollars per annum; but each abandoned child must have been an inmate thereof for one year prior to receiving any support as provided in this chapter; provided, that in addition to the amount paid by the state for each half orphan maintained at home by its mother, the county, city and county, city or town may pay for the support of such half orphan an amount equal to the sum paid by the state; and provided, further, that in any case where any such half orphan is denied aid by the county, upon a petition setting forth the facts in full as to the necessity of aid, verified by five reputable citizens of the county, city and county, city, or town, the mother of such child shall have the right of appeal direct to the state board of control for aid for her child, and should her appeal be sustained by said board payment must be made for the child as above provided.

History: Enactment approved March 23, 1907, Stats, and Amdts. 1907, p. 909, Kerr's Stats. and Amdts. 1906-7, p. 132; amended May 26, 1913, Stats, and Amdts. 1913, p. 629; May 15, 1917, Stats, and Amdts. 1917, p. 560. In effect July 27, 1917.

8 2285. BOOKS TO BE KEPT BY INSTITUTIONS. Every institution, county, city and county, city, or town entitled to aid under this chapter must keep the following records, which at all times must be open to the state board of control or to any person appointed by them to examine the same, or to any committee of the legislature, or to any clerk or officer thereof duly authorized to make such examination:

1. [Date of admission, etc.) A record on which must be entered the date of admission, name, age, sex, and place of birth of each and every orphan, half orphan, and abandoned child, who is or may hereafter be received or admitted into such institution, or to county aid, and the date of discharge of any such child, when such discharge is made, the parentage, if known; the estate, if any, to which the child is heir, and the insurance, if any, on the father's or mother's life; so far as can be ascertained, the place where either parent or both died, the nativity of the parents, where married, the marriage certificate, where recorded, when they came to California, place of residence in California, and habits of sobriety.

2. [Monthly accounts.] A book entitled “monthly accounts.” In it must be entered on the debtor side, all the moneys received from any and all sources segregated under the proper heads; on the credit side must be entered all disbursements made, specifying for what purposes made, and the amount entered in detail so disbursed, segregated under their proper heads. 3. (Pay roll.] A pay roll of the employees, and the amounts disbursed to each.

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4. [Amounts paid for support.] A book in which must be entered in detail the amounts paid for the specific support of every orphan, half orphan, or abandoned child and the date of such payments.

5. A transcript of the books and pay roll, verified under oath by the manager or person in charge of such institution entitled to or claiming state aid under this chapter, must, when demanded by the state board of control, be made and forwarded to the said board at the time of presenting claim for state aid.

6. A list of all the inmates other than employees or orphans supported wholly or in part by any institution presenting a claim for state aid under this chapter, must also be forwarded with such claim for aid,

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 909, Kerr's Stats. and Amdts. 1906-7, p. 132; amended May 26, 1913, Stats, and Amdts. 1913, p. 630; May 15, 1917, Stats. and Amdts. 1917, p. 561. In effect July 27, 1917.

8 2286. BOARD OF CONTROL MAY INQUIRE INTO INSTITUTIONS. The state board of control is authorized, in behalf of the state, at any time to inquire, either in person or by authorized agent, into the management of any such institution; and any institution refusing, upon due demand, to permit such inquiry or to comply with regulations established by said board for the proper maintenance and care of children receiving state aid must not thereafter receive any aid under this chapter until it has complied with all requirements.

[Children's agents.] To carry out the provisions of this act, the state board of control may appoint a chief children's agent and three children's agents who shall, under the rules of said board, visit the homes and the institutions in which are children to whom state aid is being given or for whom aid is being asked, to obtain such information as the board may need in carrying out the provisions of this chapter.

(Salaries.] Such chief agent shall receive necessary traveling expenses and a salary of two hundred twenty-five dollars per month. Such three other agents shall receive their necessary traveling expenses and a salary of one hundred seventy-five dollars per month, which salary shall be paid in the same manner and at the same time as the salaries of other state officers. All expenses incurred in visiting said asylums and homes, when there are not other available funds, may be audited and allowed by the state board of control out of the appropriation for support of orphans, half orphans and abandoned children. In addition an advisory committee of three persons serving without pay or expense to the state may be appointed by the board of control, to act in any county in conjunction with the children's agents.

History: Enactment approved March 23, 1907, Stats, and Amdts. 1907, p. 910, Kerr's Stats, and Amdts. 1906-7, p. 133; amended May 26, 1913, Stats, and Amdts. 1913, p. 631; May 15, 1917, Stats, and Amdts. 1917, p. 562. In effect July 27, 1917.

8 2289. INSTITUTIONS AND CHILDREN ENTITLED TO AID. In order that the provisions of this chapter shall not be abused, it is hereby declared:

1. [Institution must have twenty inmates.] That no institution which has less than twenty inmates of either or all of the classes mentioned in section two thousand two hundred eighty-three, must be deemed an institution for the support and maintenance of minor orphans, half orphans, or abandoned children, within the intent and meaning of this chapter.

2. [Age of minor.] That no child over the age of fifteen years shall be deemed a minor orphan, half orphan, or abandoned child, within the intent and meaning of this chapter.

3. [Receiving ten dollars for child.] That no child for whose specific support there is paid to any such institution the sum of ten dollars or more per month shall be deemed a minor orphan, half orphan, or abandoned child within the intent and meaning of this chapter.

4. [Home for child.] That no child maintained in an institution for whom a bona fide offer of a proper home has been made shall be considered eligible for further state aid; it is further provided, however, that no institution shall be required to surrender a child to any person of religious faith different from that of the child or the parents of the child.

[Residence in state.] That a child who has not resided in this state for a period of at least two years prior to the application for aid shall not be eligible to receive state aid unless such child is born in this state.

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 910, Kerr's Stats. and Amdts. 1906-7, p. 134; amended May 26, 1913, Stats. and Amdts. 1913, p. 632; May 15, 1917, Stats. and Amdts, 1917, p. 562. In effect July 27, 1917.

CHAPTER III.

STATE LIBRARIAN.

$ 2302. Salary of librarian.

8 2302. SALARY OF LIBRARIAN. The annual salary of the state librarian is five thousand dollars.

History: Enacted March 12, 1872; amended March 19, 1909, Stats. and Amdts. 1909, p. 471; June 1, 1917, Stats. and Amdts. 1917, p. 1663. In effect July 31, 1917.

CHAPTER IVa.

STATE COMMISSION OF HORTICULTURE.

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$ 2319. Commissioner, deputies, secretary, etc.
$ 2319a. Duties of commissioner.
$ 2319b. Quarantine regulations.
$ 2319c. Infectious plant disease, etc. Quarantine.
§ 2319d. Pests to be reported to county horticultural commissioner.
8 2319i. Nurserymen, etc., to register.
$ 2319k. Penalty [new].
$ 23191. Payment of moneys [new].

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$ 2319. COMMISSIONER, DEPUTIES, SECRETARY, ETC. The state commissioner of horticulture of California shall be a citizen and resident of this state, and his term shall be for four years, and until his successor is appointed and qualified. The governor may remove such commissioner from office at any time upon filing with the secretary of state a certificate of removal signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause the governor shall fill the vacancy for the unexpired term. In appointing such commissioner and his successor or successors, it shall be the duty of the governor to disregard political affiliations, and to be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. Said commissioner shall be a civil executive officer.

The salary of said commissioner shall be four thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties.

[Deputies, secretary, etc.] For the direction and accomplishment of his work the said commissioner may and is hereby empowered to appoint certain deputies, secretary, quarantine officers, superintendents, assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner and perform any and all duties pertaining to their office or employment which the said commissioner

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