Resignations

Removal

from office.

Vacancy in office of Governor.

Of

Governor.

SEC. 28. Whenever a vacancy shall occur in any office specified as above, except those mentioned in the second clause of the next preceding section, and those occurring by resignation, it shall be the duty of the County Clerk of the county where such officer exercised the duties of his office, if confined to a single county, and if not thus confined, then of the County Clerk where such officer last resided previous to the happening of such vacancy, to certify such vacancy, and how it occurred, to the Governor. If such vacancy occurred from the confirmed insanity of the incumbent, or from his conviction of a felony or misdemeanor in office, the certificate of the County Clerk sball be accompanied by the certified copy of the judgment found upon the commission of lunacy, or a certified copy of the record of conviction for felony or misdemeanor in office, as the case may be.

SEC. 29. But when a vacancy shall happen in the office of a member of the Legislature, during the session thereof, such vacancy shall be notified to the Governor by the presiding officer of the House in which such vacancy shall have occurred.

SEC. 30. Whenever any officer shall be removed from office on impeachment and conviction, as declared in the Constitution of this State, it shall be the duty of the Secretary of State to transmit a certified copy thereof to the officer, as the case may be, whose duty it shall be to order an election or to make an appointment to supply the vacancy caused by the removal of such officer from office.

SEC. 31. In case of the impeachment of the Governor, or his removal from office, death, or inability to discharge the powers and duties of the office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war at the head of any military force thereof, he shall continue Commander-in-Chief of all the military forces of the State.

SEC. 32. If, during the vacancy in the office of Governor, Lieutenant the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy shall be filled or the disability shall cease.

President of

SEC. 33. Whenever the government is administered by the the Senate. Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for that occasion.

Vacancies during recess of

SEC. 34. Vacancies that may happen in offices during the recess of the Legislature, the appointment to which is vested in Legislature. the Governor and Senate, or in the Legislature, shall be filled by the Governor by granting commissions, which shall expire at the end of the next session of the Legislature.

Duty of
Governor.

SEC. 35. It shall be the duty of the Governor to lay before the Legislature, at the earliest day practicable, a statement of all appointments made by him since the preceding session to fill

vacancies.

SEC. 36. Whenever a vacancy shall occur in the office of Superintendent of Public Instruction, the Governor shall fill the same by granting a commission, which shall continue until the election and qualification of a successor. At the first special judicial election subsequent to the occurrence of such vacancy, a Superintendent of Public Instruction shall be elected, who shall qualify and enter upon the duties of his office on the first day of December next after his election, and shall hold his office for the balance of the unexpired term.

SEC. 37. Whenever any vacancy shall happen in the office of Senator, or Member of Assembly, a special election shall be ordered by the Governor to fill such vacancy.

Vacancy.

SEC. 38. Whenever a vacancy shall occur in the offices of Vacancies in Secretary of State, Controller, Treasurer, Attorney-General, State offices. Surveyor-General, State Printer, or Clerk of the Supreme Court, the Governor shall fill the same by granting a commission, which shall continue until the election and qualification of a successor. At the next general election subsequent to the occurrence of the vacancy, a successor shall be elected, who shall qualify and enter upon the duties of his office on the first Monday of December next after his election, and shall hold his office for the balance of the unexpired term.

offices.

SEC. 39. Whenever a vacancy shall occur in any county Vacancies in office, or offices of a subdivision of a county, except the office of county County Judge, or Supervisor, the Board of Supervisors shall appoint some suitable person to fill the office for the balance of the unexpired term.

SEC. 40. All Acts and parts of Acts in conflict with the pro- Acts visions of this Act, especially an Act concerning offices, approved repealed. April twenty-eighth, eighteen hundred and fifty-one, and the several Acts amendatory thereof, are hereby repealed; provided, Proviso. nothing in this Act shall be so construed as to repeal, suspend, or in any way interfere with the operation of an Act entitled an Act to organize townships, and regulate their powers and duties, and submit the same to a vote of the people, approved May fifteenth, eighteen hundred and sixty-two; and, provided, Proviso. further, that the taking effect of this Act shall not operate so as to suspend or supersede any officer, or in any manner affect the powers and jurisdiction of such officer, until the election and qualification of his successor, as provided for in this Act; except that no person heretofore elected to an office, whose term of office has not yet commenced, shall be debarred from entering upon the same at the time appointed therefor by the laws under which he was elected, or from holding and enjoying the same until the election and qualification of their successors, provided for by this Act; and, provided, further, this Act shall not apply Counties to or affect the special municipal elections in the City and County excepted. of San Francisco, nor to the city and county and municipal officers now provided by law to be elected at such elections, nor to repeal or affect the present laws by which such officers are created and elected, excepting such as are judicial officers, but all such city and county and municipal officers, except such judicial officers, shall continue to hold their offices and be elected as is provided by the special laws relating thereto. The County Judge, Probate Judge, Police Judge, and Justices of the Peace

of said city and county, shall be elected at the special judicial elections provided by law for the election of Supreme Judges, and the present incumbents of such offices shall continue to hold the same till the first day of January, eighteen hundred and sixty-four, and until their successors are elected and qualified; and, provided, further, that all the county officers now in office in the County of Sierra shall remain in office, and continue to discharge the duties thereof, till the qualification of their successors, elected as provided in this Act.

Franchise.

CHAP. CCXCIII.-An Act to provide for the construction of a Street Railroad and Tunnel through Russian Hill, in the City and County of San Francisco.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The right is hereby given to Abner Doble, I. T. Pennel, Joseph M. Wood, I. W. Cudworth, to them and their associates and assigns, to construct a tunnel in the City and County of San Francisco, through Russian Hill, on the line of Broadway street, from Mason street to Hyde or Larkin street, with the exclusive use of said tunnel, and the right to charge tolls upon animals and vehicles which may pass through the same. Said tunnel shall not be less than twenty feet in width, by sixteen feet in height, in the centre chord thereof; the entrances, shafts, slopes, and open cuts, shall be protected with suitable railings, walls, etc., to prevent accidents; also, the right to lay down and construct an iron railroad, with double track, within the city and county aforesaid, commencing at or near Route of road Fort Point, at a point to be indicated by the grantees, with the consent of the United States Government; thence along the most practicable routes and streets in the Western Addition, between Broadway street on the south and Francisco street on the north, to the intersection of Broadway and Polk streets; thence along Broadway to Davis street; and, (with the consent of the Central Railroad Company,) thence along Davis street to California street; thence along California street to Market street, along Market street to Steuart street, and along Steuart street to Folsom street, with the necessary switches and turnouts along the entire route, and to run cars thereon at all hours from five o'clock, A. M. to eleven o'clock, P. M., from March twentieth to September twentieth, and from seven o'clock, A. M. to ten o'clock, P. M., from September twentieth to March twentieth; provided, that the consent of the owners of a majority of the property on Market street from California to Steuart street, shall first be obtained, in writing, before laying any part of said track on that portion of Market street, estimating by the front foot; and provided, that if any other railroad company shall at any time obtain the right to construct a railroad track

on any portion of the streets herein named, such other company shall have the right to use the rails of the grantees herein named, on not exceeding five blocks, upon paying one half of the expense of constructing and maintaining the railroad on that portion of the track so used.

SEC. 2. The owners of said railroad and tunnel shall plank, Duty of pave, or macadamize, as the Board of Supervisors may direct, owners. that portion of the streets along which their railroad track shall be laid, the whole length thereof, and for a width extending two feet each side of the tracks, and shall keep the same constantly in repair.

SEC. 3. The grantees herein named, their associates and Conditions. assigns, shall have no right or franchise to run cars on Davis street, between Broadway and Washington streets, without first having obtained the consent, in writing, of the Central Railroad Company; and if they can make no arrangements with the said Central Railroad Company for the privilege of using their track on Davis street, between Broadway and Washington streets, then the said grantees, their associates and assigns, shall have the right to construct their track down Broadway to the intersection of Broadway and Front street; from the intersection of Broadway and Front streets, along and upon Front street to Clay street, along Clay street to Davis street, and along Davis street, from its intersection with Clay street, to California street, with the written consent of the owners of more than one half of the property on Front street, estimated by the front foot, along such part of Front street mentioned in this Act.

SEC. 4. The track, gauge, and construction of said railroad, Track, etc. shall conform to the track, gauge, and construction of the Omnibus Railroad.

SEC. 5. For the purpose of laying down or repairing said Conditions. railroad, not more than the length of one block in any one street within the fire limits of said city and county shall be obstructed at one time, nor for a longer period, at one time, than ten working days.

SEC. 6. The rates of toll through said tunnel shall be fixed, Tolls. from time to time, by the Board of Supervisors, and the rates of fare upon any car upon said railroad shall not exceed five cents for a single fare inside of Van Ness Avenue; and beyond Van Ness Avenue, one dime for a single fare, or if twenty tickets be purchased by one person at one time, the price therefor shall be five cents each; provided, that it shall be unlawful for proviso. any person or persons, corporation, or joint stock company, or association, running passenger cars upon any street railroad laid down and maintained by virtue of the franchise herein granted, to demand of or receive from any person desiring to be conveyed, or being conveyed, or purchasing tickets for passage on such railroad, a sum of money greater than is allowed by the provisions of this Act; and for each and every violation of the pro- Overcharge visions of this section, such person or persons, corporation, joint stock company, or association, so demanding or receiving such sum, or whose Agent or Agents, employé or emyloyés, shall demand or receive such sum, shall forfeit to the person so

of fare.

Penalty.

Cars.

Motive

power, and speed.

Obstructing

road.

Term of franchise.

City and county may purchase.

Proviso.

overcharged the sum of two hundred dollars, to be recovered in a civil action in any Court of competent jurisdiction.

SEC. 7. The cars upon said railroad shall be of the most approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means for stopping the same when required. All cars upon said railroad shall be moved by horses or mules, and not otherwise, and at a speed not exceeding eight miles per hour, under a penalty of one hundred dollars for each violation of this provision, to be imposed by the Police Judge of the City and County of San Francisco, upon proof before the Police Court of such violation.

SEC. 8. Any person wilfully obstructing said railroad, or who shall injure the cars or track, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished accordingly. SEC. 9. The franchise and privileges hereby granted shall continue for the period of thirty years; provided, and this grant is made upon the express condition, that the whole line of said railroad shall be completed, at least with a single track, and passenger cars running thereon, within three years from and after the first day of May, eighteen hundred and sixty-three, in default whereof the franchises and privileges hereby granted shall be forfeited to the City and County of San Francisco, together with all track or tracks laid thereon.

SEC. 10. The owners of said franchise and railroads are hereCory by required to sell, transfer, and convey the same, together with the cars which may be employed thereon, to the City and County of San Francisco, at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to them, by the city and county, of the sums of money by them expended in the construction and equipment of said railroad, up to the time of payment; provided, however, that the government of said city and county shall not have the right to purchase the same for other parties, nor to assign the right of purchase, nor to substitute individuals or companies in its stead, in respect to any of the rights granted to the city and county by this section; and, provided, further, that the appraisement of the value of said railroad and appurtenances thereof shall be ascertained in the same manner and subject to the same conditions provided for the government of the Omnibus Railroad Company, mentioned in section four of this Act.

Appraisement.

Rights reserved.

SEC. 11. Nothing in this Act shall be so construed as in any wise to prevent the proper authorities of the said city and county from sewering, repairing, improving, grading, planking, paving, macadamizing, altering, or otherwise controlling any or all of the streets herein named, but on the contrary, the same shall be subject to all police and municipal regulations consistent with the exercise of the franchise and rights herein granted to said railroad; but all such work shall be so done, if practicable, as not to obstruct the free passage of the cars upon the said railroads, and before the commencement of such work, the authorities shall allow the owners of the railroad sufficient time to shift the rails so as to avoid any obstruction to the travel on said railroad.

SEC. 12. The City and County of San Francisco is hereby