Fund for support of. of a counselor of the Court, the Bailiff must take from the Library to the Court room books for use in the argument of any cause. 2316. The Supreme Court Library Fund consists of fees collected by the Clerk of the Court, as provided in Section 753 of this Code, and is under the control of the Court. Upon its order the Controller must, without the approval of any Board, draw his warrant upon the Treasurer for the amount specified, and in favor of the person designated in such order, which warrant must be paid out of such Fund. State Agricultural Society. CHAPTER V. OTHER PUBLIC. INSTITUTIONS. SECTION 2326. State Agricultural Society. 2327. University of California, Normal School. 2326. The powers, duties, privileges, and rights of the California State Agricultural Society are fixed by "An Act to incorporate the State Agricultural Society, and to appropriate money for its support," approved May thirteenth, eighteen hundred and fiftyfour, and the Acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three. NOTE. The statutes referred to in the preceding section are special, but it may not be improper to refer to them in this Code. They are, perhaps, unconstitutional, but the society appears to have lived and been a success under them. If void, to repeal them would do no good. To revise and incorporate them in this work would be equally useless; hence this note. The most appropriate place for the Act given below is supposed to be here. Agricultural societies generally are public institutions, and as such seem to be regarded and fostered by our Legislature. Stats. 1871-2, pp. 442, 443. An Act for the encouragement of agriculture and other industries. [Approved March 21, 1872.] [Enacting clause.] SECTION 1. There is hereby appropriated out of any money in the Treasury not otherwise appropriated, the sum of $5,000 for the State Agricultural Society, the sum of $3,000 for the Bay District Agricultural Society, the sum of $2,000 for each of the following named societies, viz: the Los Angeles District Agricultural Association, the Santa Clara Valley Agricultural Society, the Sonoma and Marin District Agricultural Society, the San Joaquin Valley District Agricultural Society, the Northern District Agricultural, Horticultural, and Mechanical Society, the Upper Sacramento Agricultural Society, the Siskiyou County Agricultural Society, and the Bay District Horticultural Society, and the California Vine Growers and Wine and Brandy Manufacturers' Association, for each of the years 1872 and 1873. Upon presentation of the requisition of the President and Secretary of either of the societies above named to the State Controller, the Controller shall draw his warrant on the Treasurer in favor of such society for the amount appropriated to such society, and the Treasurer shall pay the same. The money so drawn by each society shall be used for the purpose of paying premiums for the various agricultural, mineral, mechanical, and manufacturing products of this State, and for no other purpose. SEC. 2. The Directors of each of the above named societies, except the State Agricultural Society, shall , each year report to the State Board of Agriculture the name and Post Office address of each of the officers of such society on or before the first day of May; and on or before the first day of December of each year they shall report to said Board of Agriculture the transactions of said society, including the list of articles exhibited and premiums awarded, the amount of receipts and expenditures of the year, and the objects for which the expenditures have been made, the new industries inaugurated, and new products produced, and any and all other facts showing the development of the resources of the district embraced in such society which they may deem worthy of such report. SEC. 3. The State Board of Agriculture shall report annually, on or before the fifteenth day of January, to the Governor of the State, the full transactions of the University of Normal State Society, including the facts and statistics collected and information gained on the subjects for which it exists; also including the reports from each of the above named societies, or so much thereof as said Board may deem of value for publication. SEC. 4. The Governor shall cause five thousand volumes of said report of the State Board of Agriculture to be printed each year, at the expense of the State, and paid for as other public printing, and delivered to the State Agricultural Society for general distribution. SEC. 5. All laws or parts of laws conflicting with the provisions of this Act are hereby repealed. SEC. 6. This Act shall take effect and be in force after its passage. 2327. The control and management of the Uni California. versity of California and the State Normal School are provided for in Title III of Part III of this Code. School. State NOTE. "University "-See Sec. 1385, et seq., ante. "Normal School "-Sec. 1487, et seq., ante. 2328. The control and management of the State Prison is provided for in Part III of the Penal Code. NOTE.-See Sec. 1573, et seq., Penal Code Cal. Provision is made for the "Home of the Inebriate" by special Acts. CHAPTER I. Public Waters. II. Highways. III. Toll Roads. IV. Toll Bridges and Ferries. V. Wharves, Chutes, and Piers. lic Ways. CHAPTER I. PUBLIC WATERS. ARTICLE I. GENERAL PROVISIONS RESPECTING PUBLIC WATERS. III. FLOATING Lumber. IV. WRECKS AND WRECKED PROPERTY. V. PILOTS AND PILOT COMMISSIONERS. VI. PILOT REGULATIONS FOR SAN FRANCISCO, BENICIA, AND MARE ISLAND. VII. PILOT REGULATIONS FOR HUMBOLDT BAY AND Bar. IX. SAN FRANCISCO HARBOR AND STATE HARBOR COMMIS SIONERS. X. HARBOR COMMISSIONERS FOR PORT OF EUREKA. XI. SAILORS AND SAILOR BOARDING HOUSES. ARTICLE I. GENERAL PROVISIONS RESPECTING PUBLIC WATERS AND OBSTRUC- SECTION 2348. What waters are public ways. 2349. Certain streams and waters declared navigable, and are public ways. 2350. Penalty for felling trees into public waters. waters are public ways. 2348. Navigable waters and all streams of suffi- What cient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation. NOTE.-See note to succeeding section. Obstructing navigable stream a misdemeanor.-See Sec. 611, Penal Code Cal; see, also, id., Secs. 612, 613. The general rule in this country disregards the common law rule, that the "ebb" and "flow" of the tide is the criterion of navigability. It has never been adopted, except by some of the States in probably a very few cases in a modified form, suited to the condition and wants of the country and its inhabitants. Our Courts, in administering the law, have held to the rule that all rivers which are found of sufficient capacity to float the products of the mines, the forests, 53-VOL. I. or the tillage of the country through which they flow, to market, are navigable (8 Barb., N. Y., p. 239); or which are capable of floating vessels, boats, rafts, or logs (31 Me., p. 9), are subject to the free and unobstructed navigation of the public, independent of usage or legislation.-20 Johns., N. Y., p. 90; 5 Wend., N. Y., p. 358; 42 Me., p. 552; 18 Barb., p. 277; 5 Ind., p. 8; 2 Swan, Tenn., p. 9; 29 Miss., p. 21; Am. W. Co. vs. Amsden, 6 Cal., p. 446; 2 Stockt., N. J., p. 211. The text is in conformity with the rule laid down in 6 Cal., p. 446, supra, and which is supported by these authorities, which recognize the legislative power to declare a stream navigable. See Sec. 2349 and note, post. There are many important questions concerning the disposition of the public lands by the Federal Government, and how far such disposition affects the navigation of public waters, if at all. There are also questions connected with the ownership of real property connected with waters, of great importance, upon which the following authorities may be consulted with profit. See Civil Code of Cal., Sec. 830, land bordering on tide waters; id., Sec. 1014, the formation of land by alluvion or recession of waters; id., Sec. 1015, sudden removal of bank by waters; id., Secs. 1016, 1017, 1018, 1019, relating to the formation of islands and establishing rules relating thereto. These questions are so interwoven with the disposition of the lands granted to the State provided for in Part III, Title VIII, Chap. I, Public lands, commencing with Sec. 3395, post, that we give here extracts from the United States Land Office Report for 1868, by Joseph S. Wilson, Commissioner of Lands, at Washington City, from pp. 126-133, in effect as follows: The bed of the river never passed as an incident or appurtenance to a conveyance of the bank, but as a part of the subject matter of the grant-as a part of the premises actually described, upon the presumption that the call was intended to follow the central thread of the stream. It is more than preposterous to hold that a Government patent, like the deed of an individual, is to be construed strictly against the Government and in favor of the grantee. The disposal of the United States lands is regulated by statutes with which every patentee is presumed to be acquainted; they are carried into effect by ministerial officers whose duties are also prescribed by law, and the question in all such cases is, What does the law provide? Within its provisions the acts of the officers are valid; if they exceed these, they are void.—See 9 Cranch, p. 87, Polk's Lessee vs. Wen |