shall be conducted in all respects as nearly like a home as possible and shall not be deemed to be or treated as a penal institution. Such legislative body must also provide for a suitable superintendent and matron to have charge of such detention home, and for such other employees as may be needed in the efficient management of such detention home, and provide for the payment, out of the general fund of the county, or city and county, of suitable salaries for such superintendent and matron, and such other employees, such superintendent, matron and other employees to be appointed by said legislative body, upon the nomination of the probation committee and approval of the judge of the juvenile court.. The superintendent of the detention home shall keep a classified list of expenses, and file a duplicate copy with the county board of supervisors. The superintendent, matron or other employee of such detention home may, at any time, be removed by the probation committee, in its discretion.

Penalty for encouraging delinquency.

SEC. 28. Any person who shall commit any act or omit the performance of any duty, which act or omission causes or tends to cause, encourage or contribute to the dependency or delinquency of any person under the age of twenty-one years, as defined by any law of this state, or any person who shall, by any act or omission, threats or commands or persuasion, endeavor to induce any such person, under twenty-one years of age, to do or to perform any act or follow any course of conduct, or to so live as would cause or manifestly tend to cause any such person to become, or to remain a dependent or delinquent person, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and the superior court, sitting as juvenile court, shall have original jurisdiction of all such misdemeanors; but no person shall be tried on the charge of contributing to the dependency and delinquency of any person under the age of twenty-one years, before the same judge who has heard or before whom is pending the case of the person under the age of twenty-one years to whose dependency or delinquency such person is alleged to have contributed.

Construction of act. Not to be taken from custody of parents, etc.

SEC. 29. This act shall be liberally construed to the end that its purpose may be carried out, to wit: That the care, custody and discipline of a neglected, dependent or delinquent person as defined in this act shall approximate as nearly as may be that which should be given by his parents, and in all cases where it can be properly done, the neglected, dependent or delinquent person as defined in this act shall be placed in an approved family, with people of the same or similar religious belief, and become a member of the family, by legal adoption or otherwise, or if placed in the care of or committed to an association, society, corporation, school or institution, then to one of the same or similar religious belief. No neglected, dependent or delinquent person as defined in this act shall be taken from the custody of his parent or legal guardian, without the consent of such

parent or guardian, unless the court shall find such parent or guardian to be incapable of providing, or to have failed or neglected to provide proper maintenance, training and education for said person; and in no case unless the parent or guardian to be incapable of providing, or to have failed or neglected to provide proper maintenance, training and education or said person; and in no case unless the parent or guardian has been duly notified to be present in court before or at the time of placement or commitment or recommitment, or unless said person if dependent or delinquent has been tried on probation in said custody, and has failed to reform. In this act words used in any gender shall include all other genders, and the word "county" shall include "city and county," the plural shall include the singular and the singular shall include the plural.

Appeal.

SEC. 30. An appeal to the district court of appeal shall lie from any decision and judgment of the juvenile court. The party appealing shall serve on the opposite party and file a notice of such appeal within fifteen days from the day of rendition of the judgment from which the appeal is taken. It is hereby made the duty of the judge of the juvenile court when such an appeal is taken, to find the facts of the case based upon a preponderance of evidence in the form of a special finding and the appellate court shall pass upon the sufficiency of the evidence to sustain the judgment rendered. In case the party appealing, questions the sufficiency of the evidence to warrant the findings made by the court, such evidence shall be incorporated in a bill of exceptions prepared by the appellant within fifteen days after the notice of appeal shall have been served on the opposite party and filed as aforesaid. The opposite party shall within ten days prepare and serve on appellant proposed amendments to such bill of exceptions, which amendments shall be settled by the judge within five days thereafter. Within ten days after the settlement of said bill of exceptions, the appellant shall engross the same and serve a copy on the opposite party and also on the attorney general, and file the original thereof together with proof of service as herein required endorsed thereon, with the clerk of the juvenile court who shall immediately transmit the same to the court to which the appeal is taken with his certificate that such bill of exceptions is correctly engrossed. An assignment of error that the decision of the juvenile court is contrary to law shall be sufficient to present both a sufficiency of the facts found to sustain the judgment and a sufficiency of the evidence to justify the findings. Appeals from the juvenile court shall have precedence in the court to which such appeal is taken over all other cases. The prosecution and appeal of such cases shall be governed as to costs and as to all other matters not herein provided for by the statutes governing appeals and criminal causes.

Acts superseded.

SEC. 31. This act shall supersede all provisions of the act entitled “An act to establish a state reform school for juvenile offenders, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, and all provisions of the act entitled “An act to establish a school

of industry, to provide for the maintenance and management of same, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, relating to the mode of commitments to the institutions therein named; but said acts shall control as to all matters concerning the management of said institutions, respectively.

Repealed. Saving clause.

SEC. 32. An act entitled "An act defining and providing for the control, protection, and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence," approved February 26, 1903; and the amendments thereto, approved March 22, 1905, and March 27, 1907, are hereby repealed; provided, however, that all orders and judgments made heretofore under said act shall continue in full force and effect, and that the court shall retain jurisdiction of all children heretofore declared dependent or delinquent, and such children shall be hereafter dealt with in the same manner as if such orders had been made under the provisions of this act, and all proceedings now pending shall be continued under the provisions of this act. All children now on probation from justice courts shall remain on probation for the period fixed in the judgment, and if required may be certified to the superior court in the manner in said act provided. When so certified the said certificate shall be dealt with in the same manner as herein provided for a petition alleging delinquency.

GENERAL APPROPRIATION ACT.

[Approved June 10, 1913. Statutes 1913, p. 1331.]

SECTION 1. The following sums of money are hereby appropriated out of any money in the state treasury not otherwise appropriated for the support of the government of the State of California for the sixty-fifth and sixty-sixth fiscal years; provided, that in all cases in which statutory provision has already been made for salaries or for other regular annual appropriations, the amounts herein appropriated shall be deemed to be the same amounts appropriated by such statutes, and not additional thereto :

* * * ORPHAN AID.

For support of orphans, half orphans and abandoned children, eight hundred sixty thousand dollars.

* **

OLD AGE AND MOTHERS' PENSIONS.

[Act approved June 16, 1913. Statutes 1913, p. 1353.]

Commission to investigate.

SECTION 1. The governor of California is hereby authorized and requested to appoint a commission consisting of five persons, citizens of this state, one of whom shall be a member of the state board of control, to investigate and consider the various systems of old age insurance, old age pensions or annuities, also mothers' pensions or mothers' compensations now in use in different counties of this or other states, and as may be proposed or as are now in operation in other states of this country or elsewhere abroad, and to make a full and complete report of its findings with all data so obtained, properly tabulated, to the legislature at its next regular session. Said commission shall report also statistics showing the probable expense to the state of various systems, or of any system that it may recommend for adoption together with any bills of its own relating to this subject that may be deemed expedient.

Appropriation.

SEC. 2. There is hereby appropriated out of the general fund not otherwise appropriated, and the controller is herewith authorized and directed to issue his warrants for same from time to time, and the treasurer is likewise authorized and directed to pay the same on presentation of said warrants, the sum of three thousand dollars or any portion thereof, as may in the judgment of the commission be required to complete its work under the provisions of this act.

RESOLUTIONS.

TRAINING AND EDUCATION OF ORPHANS.

[S. C. R. 8. Filed May 9, 1913. Statutes 1913, p. 1683.]

WHEREAS, The education of youth is a duty of the state, a recognized safeguard of its institutions and liberties, and the basis of a free government; and

WHEREAS, The public school system of this commonwealth, from the primary grades to the specialized courses in the universities, presents full opportunity to the children from the homes of its citizens, and the state has provided fitting institutions for the defective and imbecile young, and special courts, officers and reformatories have been established for the wayward juvenile offenders; and

WHEREAS, In all this elaborate system maintained at great cost by the taxpayers no provision of any kind has been made for the training or education of orphan children, physically and mentally sound and potentially capable of becoming useful and able citizens; and

WHEREAS, These little ones, all innocently and hopelessly bereft of the affectionate care of parents and whose only offense against society is their lack of such protection and aid to secure for them the advantages of the educational system maintained by the state, are left to the well intentioned but inadequate efforts of promiscuous, unorganized charities barely supported by spasmodic appeals to a busy public; and

WHEREAS, Such children are at best thereby equipped only for the harder walks of life and are given no opportunity to develop the latent powers which beyond question are the heritage of many; and

WHEREAS, These conditions and the lack of educational facilities afforded orphan children are opposed to the principles of an enlightened and progressive government; now, therefore, be it

Resolved by the senate of the State of California, the assembly thereof concurring, That the state board of education be and it is hereby directed to investigate the conditions surrounding and affecting the orphan children of this state, the education and training which they now receive, and to investigate and consider measures and ways and means to provide for their care, education and training by the state, and to make its written report thereon, with recommendations regarding and looking to the extension of the public school system of this state to include the education of orphans, and ways and means therefor, to the forty-first session of the legislature.