Wage fixed presumed reasonable. Appeal.

SEC. 12. In every prosecution for the violation of any provision of this act, the minimum wage established by the commission as herein provided shall be prima facie presumed to be reasonable and lawful, and to be the living wage required herein to be paid to women and minors. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive; and the determination made by the commission shall be subject to review only in a manner and upon the grounds following: Within twenty days from the date of the determination, any party aggrieved thereby_may_commence in the superior court in and for the city and county of San Francisco, or in and for the counties of Los Angeles or Sacramento, an action against the commission for review of such determination. In such action a complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. Service upon the secretary of the commission, or any member of the commission, shall be deemed a complete service. The commission shall serve its answer within twenty days after the service of the complaint. With its answer, the commission shall make a return to the court of all documents and papers on file in the matter, and of all testimony and evidence which may have been taken before it, and of its findings and the determination. The action may thereupon be brought on for hearing before the court upon such record by either party on ten days' notice of the other. Upon such hearing, the court may confirm or set aside such determination; but the same shall be set aside only upon the following grounds:

(1) That the commission acted without or in excess of its powers. (2) That the determination was procured by fraud.

Upon the setting aside of any determination the court may recommit the controversy and remand the record in the case to the commission for further proceedings. The commission, or any party aggrieved, by a decree entered upon the review of a determination, may appeal therefrom within the time and in the manner provided for an appeal from the orders of the said superior court.

Employee may sue for unpaid balance.

SEC. 13. Any employee receiving less than the legal minimum wage applicable to such employee shall be entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of suit, notwithstanding any agreement to work for such lesser wage. Complaints.

SEC. 14. Any person may register with the commission a complaint that the wages paid to an employee for whom a living rate has been established, are less than that rate, and the commission shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living wage.

Biennial report.

SEC. 15. The commission shall biennially make a report to the governor and the state legislature of its investigations and proceedings.

Appropriation.

SEC. 16. There is hereby appropriated annually out of the moneys of the state treasury, not otherwise appropriated, the sum of fifteen thousand dollars, to be used by the commission in carrying out the provisions of this act, and the controller is hereby directed from time to time to draw his warrants on the general fund in favor of the commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same.

Not board of arbitration.

SEC. 17. The commission shall not act as a board of arbitration during a strike or lock-out.

Interpretation of act. Constitutionality.

SEC. 18. (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed by such court.

(b) If any section, subsection, or subdivision of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases is declared unconstitutional.

Act applies to all occupations.

SEC. 19. The provisions of this act shall apply to and include women and minors employed in any occupation, trade or industry, and whose compensation for labor is measured by time, piece or otherwise.

HOURS OF LABOR OF FEMALES.

[Amendment to act of 1911, approved June 12, 1913. Statutes 1913, p. 713.] Females not to work more than eight hours per day. Not applicable to harvesting, nurses, etc.

SECTION 1. No female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel, public lodging house, apartment house, hospital, place of amusement, or restaurant, or telegraph or telephone establishment or office, or by any express or transportation company in this state more than eight hours during any one day or more than forty-eight hours in one week. The hours of work may be so arranged as to permit the employment of females at any time so that they shall not work more than eight hours during the twenty-four hours of one day, or forty-eight hours during any one week; provided, however, that the provisions of this section in relation to hours of employment shall not apply to nor affect the harvesting, curing, canning or drying of any variety of perishable fruit or vegetable, nor to graduate nurses in hospitals.

Seats for female employees.

SEC. 2. Every employer in any manufacturing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or other establishment employing any female, shall provide suitable seats for all female employees, and shall permit them to use such seats when they are not engaged in the active duties of their employment.

Enforcement of act.

SEC. 3. The bureau of labor statistics shall enforce the provisions of this act. The commissioner, his deputies and agents, shall have all powers and authority of sheriffs or other peace officers, to make arrests for violations of the provisions of this act, and to serve all processes and notices thereunder throughout the state.

Penalty. Disposition of fines.

SEC. 4. Any employer who shall permit or require any female to work in any of the places mentioned in section one more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to so arrange the work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to provide suitable seats as provided in section two of this act, or who shall permit or suffer any overseer, superintendent, foreman, or other agent of any such employer to violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for a first offense, by a fine of not less than twenty-five dollars nor more than fifty dollars; for a second offense, by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; or by imprisonment for not more than sixty days, or by both such fine and imprisonment. All fines imposed and collected under the provisions of this act shall be paid into the state treasury and credited to the contingent fund of the bureau of labor statistics.

CIVIC CENTERS IN SCHOOLS.

[Act approved June 6, 1913. Statutes 1913, p. 853.] Public schoolhouse created civic center.

SECTION 1. There is hereby established a civic center at each and every public schoolhouse within the State of California, where the citizens of the respective public school districts within the said State of California may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any and all subjects and questions which in their judgment, may appertain to the educational, political, economic, artistic and moral interests of the citizens of the respective communities in which they may reside; provided, that such use of said public schoolhouse and grounds for said meetings shall in no wise interfere with such use and occupancy of said public schoolhouse and grounds as is now, or hereafter may be required for the purposes of said public schools of the State of California.

Lighting, heating, janitor service, etc.

SEC. 2. Lighting, heating, janitor service and the services of a special supervising officer when needed, in connection with such use of public school buildings and grounds as set forth in section one of this act, shall be provided for out of the county or special school funds of the respective school districts in the same manner and by the same authority as such similar services are now provided for. Such use of the said schoolhouses, property and grounds shall be granted free; provided, that in case of entertainments where an admission fee is charged, a charge may be made for the use of said schoolhouses, property and grounds.

Control of civic center.

SEC. 3. The management, direction and control of said civic center shall be vested in the board of trustees or board of education of the school district. Said board of trustees or board of education shall make all needful rules and regulations for conducting said civic center meetings and for such recreational activities as are provided for in section one of this act; and said board of trustees or board of education may appoint a special supervising officer who shall have charge of the grounds, preserve order, protect the school property and do all things necessary in the capacity of a peace officer to carry out the provisions and the intents and purposes of this act.

CALIFORNIA SCHOOL FOR GIRLS.

[Act approved June 14, 1913. Statutes 1913, p. 857.]

California school for girls.

SECTION. 1. There is hereby established a state training school for the confinement, discipline, and instruction of such girls as may be committed to it by law, to be known as the California school for girls.

Trustees. Vacancies.

SEC. 2. The government and management of said school shall be vested in a board of five trustees, who shall be appointed by the governor for a term of four years and until their successors are appointed and qualified; provided, that of the trustees first appointed two shall be for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year, commencing within thirty days after this act becomes effective. Whenever a vacancy occurs the appointment to fill the same shall be made by the governor for the remainder of the term. Such trustees shall receive no compensation for their services, but shall be allowed their reasonable traveling and other official expenses. Officers.

SEC. 3. The board of trustees shall elect annually from their own number a president, vice-president, and secretary, whose terms of office shall be one year, or until their successors are elected and qualified. The board shall appoint a superintendent, not of their own number, who shall be a woman qualified by training and experience for the character of work

to be done at this school, and fix her salary at not to exceed twenty-four hundred dollars per annum. Such superintendent shall hold office at the pleasure of the board.

Rules and regulations.

SEC. 4. The board of trustees shall make all needful rules and regulations for the transaction of its business and for the management and government of said school. It shall determine the number, title and duties of all other officers and employees, and fix the salaries thereof. It shall see that discipline is maintained and that proper education is provided, to the end that those committed to its charge shall be prepared to become honorable, self-supporting members of society. It is authorized and required to make all contracts for the operation and maintenance of said school that may be necessary, subject to the limitations prescribed by law. Not to be interested in contract.

SEC. 5. No trustee or employee of such school shall be interested personally, directly or indirectly, in any contract, purchase or sale made, or any business carried on in behalf of, or for such institution, and any money so paid on such contracts or sales may be recovered by civil suit, and it shall be the duty of the governor or the board of trustees, as the case may be, upon proof of the fact of such interest, to remove immediately such trustee or employee.

Superintendent's bond, duties, etc.

SEC. 6. The superintendent shall, before entering upon the discharge of her duties, make and file with the board of trustees an oath that she will faithfully and impartially discharge the same, and file a bond in the sum of ten thousand dollars running to the State of California, and with sureties to be approved by said board, conditioned upon the faithful performance of her said duties. She shall thereupon, subject to the regulations prescribed by the board, be invested with the custody of the lands, buildings and all other property belonging to and under the control of said school, subject to the direction of said board, and shall account to it in such manner as it may require for all property entrusted to her and all moneys received by her as such superintendent, for said school or any of its inmates. She shall appoint, except as hereinbefore provided, all officers and employees of said school, who shall hold office at her pleasure.

Bond of officers.

SEC. 7. The board of trustees shall require such officers as may be entrusted with money belonging to the school or its inmates, or as may be placed in a position of trust and responsibility in the custody of property, or in the handling of supplies belonging to the school, to give bond with sureties to be approved by the board, in such sum as it may determine, conditioned upon the faithful performance of the duties required and the faithful accounting for all money and property coming into their hands, or under their control, by virtue of such office.