§§ 2302-2316 (542) SALARY OF STATE LIBRARIAN-LAW LIBRARIAN, [Pt. III. day from nine o'clock a. m. until nine o'clock p. m., and at other times during such hours as the trustees may direct. History: Enacted March 12, 1872. § 2302. SALARY OF LIBRARIAN. The annual salary of the librarian is three thousand dollars. History: Enacted March 12, 1872. § 2303. SALARY OF DEPUTIES. The annual salary of each deputy is eighteen hundred dollars. History: Enacted March 12, 1872. § 2304. BOND OF LIBRARIAN. The librarian must execute an official bond in the sum of three thousand dollars. History: Enacted March 12, 1872. As to official bonds, see ante § 947 et seq. § 2305. WHEN THIS CHAPTER TAKES EFFECT. This chapter shall be in force and effect from and after the first day of May, eighteen hundred and seventy-two. § 2313. WHO MAY USE. This library is for the use of the justices and counselors at law of the supreme court. History: Enacted March 12, 1872. $2314. LIBRARIAN, DUTIES AND SALARY. The justices of the supreme court are hereby authorized to appoint a librarian for the supreme court library, who, under their direction, shall conduct its affairs and be responsible for its care. He shall receive the salary provided for in section seven hundred and thirty-nine of this code. History: Enacted March 12, 1872; amended March 27, 1897, Stats. and § 2315. WHO MAY TAKE BOOKS. Books may be taken from this library by the justices of the supreme court. At the request 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. History: Enacted March 12, 1872. § 2316. FUND FOR SUPPORT OF. The supreme court library fund consists of fees collected by the clerk of the court, as provided in section seven hundred and fifty-three 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. History: Enacted March 12. 1872. CHAPTER V. OTHER PUBLIC INSTITUTIONS. § 2326. State agricultural society. § 2328. State prison. $2326. STATE AGRICULTURAL SOCIETY. 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 fifty-four, and the acts supplemental thereto, approved March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen hundred and sixty-three. History: Enacted March 12, 1872. As to college of agriculture in University of California, see HENNING'S GENERAL LAWS p. 1436 § 4. § 2327. UNIVERSITY OF CALIFORNIA, NORMAL SCHOOL. The control and management of the University of California and the state normal school are provided for in title three, of part three, of this code. History: Enacted March 12, 1872. As to state normal schools, see ante see Stats. 1897 p. 14; HENNING'S $1487-1507. As to state normal school in Los Angeles, see Stats. 1881 p. 91; HENNING'S GENERAL LAWS p. 999. As to state normal school in northern California, see Stats. 1887 p. 60; HENNING'S GENERAL LAWS p. 1000. As to state normal school in San Diego, ERAL LAWS p. 1001. GEN As to state normal school in San Francisco, see Stats. 1899 p. 177; HENNING'S GENERAL LAWS p. 1002. As to state normal school in San Jose, see Stats. 1869-70 p. 787. As to University of California, see ante §§ 1385-1477. § 2328. STATE PRISON. The control and management of the state prison is provided for in part three of the Penal Code. History: Enacted March 12, 1872. As to the authority of the state board of prison directors to purchase California growing hemp, see Stats. 1901 p. 515; HENNING'S GENERAL LAWS p. 1299. As to crimes at state prison, and expenses and costs of trial of escaped convicts, see Stats. 1880 p. 42; HENNING'S GENERAL LAWS p. 1300. As to erection and government of the state prisons, see Stats. 1889 p. 404; amended Stats. 1905, pp. 520, 724; HENNING'S GENERAL LAWS p. 1291. As to employment of prisoners in the construction of roads to state prisons at San Quentin and Folsom, see Stats. 1903 p. 127; HENNING'S GENERAL LAWS p. 1304. As to erection and operation of rockcrushing plant at state prison, see Stats. 1895 p. 274; HENNING'S GENERAL LAWS p. 1304. As to establishment of fund for purchase of jute to be manufactured at state prison at San Quentin, see Stats. 1885 p. 53; HENNING'S GENERAL LAWS p. 1303. As to fixing price and conditions of sale of jute goods, see Stats. 1893 p. 54; amended Stats. 1903 p. 532; HENNING'S GENERAL LAWS p. 1303. As to provisions for erection, at Folsom state prison, of a building for insane prisoners, see Stats. 1903 p. 519; HENNING'S GENERAL LAWS p. 1301. As to regulation and government of erection of rock-crushing plant at state prison at Folsom, see Stats. 1897 p. 99; HENNING'S GENERAL LAWS p. 306. IV. V. VI. TOLL-BRIDGES AND FERRIES, §§ 2843-2895. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS, §§ 2931-2938. CHAPTER I. PUBLIC WATERS. Article I. General Provisions Respecting Public Waters, §§ 2348-2351. . II. Navigation, §§ 2360-2379. III. Floating Lumber, §§ 2389-2393. IV. Wrecks and Wrecked Property, §§ 2403-2418. V. Pilots and Pilot Commissioners, §§ 2429-2447. VI. Pilot Regulations for San Francisco, Benicia, and Mare Island, §§ 2457-2470. VIII. IX. X. Port Wardens, §§ 2501-2511. San Francisco Harbor and State Harbor Commissioners, §§ 2520-2554. XI. Harbor Commissioners for Bay of San Diego, §§ 2575-2608. § 2348. WHAT WATERS ARE PUBLIC WAYS. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation. History: Enacted 1. Applied, cited, construed, referred to. 2. Erection of wharf materially obstructing access. 3. Navigable waters of straits of Carquinez. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Shirley vs. Bishop, 67 Cal. 543, 546, 8 Pac. Rep. 82 (applied). 2. ERECTION OF A WHARF materially obstructing access of owner of land bounding upon navigable waters, will be enjoined as nuisance.-Shirley vs. Bishop, 67 Cal. 543, 546, 8 Pac. Rep. 82; San Francisco Sav. Union vs. R. G. R. Petroleum Co., 144 Cal. 134, 139, 79 Pac. Rep. 823. 3. NAVIGABLE WATERS OF THE STRAITS OF CARQUINEZ adjoining permanent water front of city of Benicia are public highway, and an owner of land, the boundary of which forms water front, has vested right to free access of such highway of which he cannot be deprived without compensation.-Shirley vs. Bishop, 67 Cal. 543, 545, 8 Pac. Rep. 92. As to navigable streams, preparing and constructing bridges across, and other waters, see Stats. 1897 p. 21; HENNING'S GENERAL LAWS p. 82. As to navigable rivers separating connties, ferries across, see Stats. 1903 p. 156; HENNING'S GENERAL LAWS p. 455. As to navigable streams, provisions for location of, see Stats. 1872 p. 940; HENNING'S GENERAL LAWS p. 1406. As to navigable streams, obstruction to, a misdemeanor, see KERR'S CYC. PEN. CODE 611. As to navigable waters, prohibition against obstructions to, see Const. 1879 art. XV § 2; HENNING'S GENERAL LAWS p. cl. As to navigable waters, right of eminent domain to all frontages on, see Const. 1879 art. XV § 1; HENNING'S GENERAL LAWS p. ci. As to streams not navigable, improving, see post 4085. Ав to watercourses as boundaries, see KERR'S CYC. CIV. CODE § 830 and note. $2349. CERTAIN STREAMS AND WATERS DECLARED NAVIGABLE, AND ARE PUBLIC WAYS. The following streams and waters are declared public ways: So much of a slough as lies between Simons canal, in the town of Alviso, and the bay of San Francisco. Petaluma river, from its mouth to the southerly line of Washington street, in the city of Petaluma. The Sonoma river, between its mouth and a point opposite Fowler's hotel, in the town of San Luis. The Napa river, between its mouth and the toll-bridge. The Suisun river, between its mouth and the town of Suisun embarcadero. The Sacramento river, between its mouth and the mouth of Middle creek. The Feather river, between its mouth and a point fifty feet below the bridge crossing Feather river first above the mouth of the Yuba river. The Yuba river, between its mouth and a point at the mouth of the slough at the foot of F street, in the city of Marysville. The San Joaquin river, between its mouth and Sycamore point. The Stockton slough, between its mouth and the west line of El Dorado street, in Stockton. The Mokelumne river, between its mouth and the first falls. The Tuolumne river, between its mouth and Dickinson's ferry. Deer creek, between the house of Peter Lassen and its mouth. Big river, three miles from its mouth. Noyo river, three miles from its mouth. Albion river, three miles from its mouth. San Antonio creek, in the county of Alameda, from its mouth to the old embarcadero of San Antonio. The Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven. Mission creek, in the county of San Francisco. That portion of Channel street in the city of San Francisco, and lying east of and between the easterly line of Harrison street and the water-front of the bay of San Francisco, the width thereof to be sixty feet from Harrison to the northeasterly line of Seventh street, and one hundred and forty feet from the northeasterly line of Seventh to the city front. That certain creek running through tide-land survey numbered sixty-eight, and swamp and overflowed land survey numbered one hundred and forty-five, from its mouth to the head. of tide-water therein. San Leandro creek, from its mouth at San Francisco bay to Andrews' landing. San Lorenzo creek, from its mouth at San Francisco bay to Roberts's landing. Johnson's creek, from its mouth at San Francisco bay to Simpson's landing. The north branch of Alameda creek, from its mouth to Eden landing. San Rafael and Corte Madera creeks, in Marin county, from their mouths as far up as tide-water flows therein. The Neuces creek, from its mouth at Suisun bay to a point one half-mile above the warehouse of George P. Loucks. Diablo creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa county. The Arroyo de San Antonio, or Keys creek, in Marin county, from its mouth at Tomales bay to the warehouses on the point at Keys embarcadero. All the streams and sloughs emptying into Elk river, and all streams and sloughs south of Eureka, in Humboldt county, which are now or at any time. have been used for the purpose of floating logs or timber, and all the sloughs south of Humboldt point, in said county, that at high water have a depth of two feet of water, and wide enough to float and admit a boat carrying five tons or more freight. Novato creek, or estuary, in Marin county, from its mouth Pol C.-35 $2350 (546) PUBLIC WATERS-FELLING TREES INTO-PENALTY. [Pt. III. to Sweetzer's landing. Salinas river and Elkhorn slough, or Estero Viejo, in Monterey county, from its mouth as far up as tide-water flows. History: Enacted March 12, 1872; amended March 21, 1885, Stats. and Amdts. 1884-5, pp. 220-221; March 11, 1891, Stats. and Amdts. 1891, pp. 96-97. 1. Applied, cited, construed, referred to. 2. American river declared unnavigable. 3. Erection of dam across bed of unnavigable stream. 4. Unnavigable stream is not a public way. 5. Right to appropriate water. 6. South fork of Elk river not a navigable stream. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Cardwell vs. County of Sacramento, 79 Cal. 347, 350, 21 Pac. Rep. 763 (construed); People ex rel. Ricks W. Co. vs. Elk River M. & L. Co., 107 Cal. 221, 223, 48 Am. St. Rep. 125, 40 Pac. Rep. 531 (construed and applied); Chico B. Co. vs. Sacramento Transp. Co., 123 Cal. 178, 180, 55 Pac. Rep. 780 (cited). 2. AMERICAN RIVER DECLARED UNNAVIGABLE by legislature by omitting it from list of navigable waters in section, and no action will lie to enjoin county of Sacramento from constructing bridge across said river without a draw.-Cardwell VS. County of Sacramento, 79 Cal. 347, 349, 21 Pac. Rep. 763. BED an 3. ERECTION OF DAM ACROSS OF UNNAVIGABLE STREAM is not actionable obstruction nor purpresture.— People ex rel. Ricks W. Co. vs. Elk River M. & L. Co., 107 Cal. 221, 224, 48 Am. St. Rep. 125, 40 Pac. Rep. 531. 4. UNNAVIGABLE STREAM IS NOT PUBLIC WAY and legislature cannot make it such by merely enacting law declaring it navigable and so take private property for public use without compensation.-People ex rel. Ricks W. Co. vs. Elk River M. & L. Co., 107 Cal. 221, 223, 48 Am. St. Rep. 125, 40 Pac. Rep. 531. 5. RIGHT ΤΟ APPROPRIATE SUCH WATER for use of public in behalf of which right of eminent domain may be invoked, and recognized right of use to regulate and control sale, removal, and distribution of same, but not its appropriation without compensation asserted by this section. People ex rel. Ricks W. Co. vs. Elk River M. & L. Co., 107 Cal. 221, 226, 48 Am. St. Rep. 125, 40 Pac. Rep. 531. 6. SOUTH FORK OF ELK RIVER NOT NAVIGABLE STREAM.-Under this section declaring navigable all streams emptying into Elk river which are now or at any time have been used for purpose of floating logs or timber, south fork of Elk river is not navigable, it being a small stream insufficient to float single saw logs except during extreme winter freshets and with aid of dams to increase flow of stream, which use has been found impracticable and aban doned.-People ex rel. Ricks W. Co. vs. Elk River M. & L. Co., 107 Cal. 221, 224, 48 Am. St. Rep. 125, 40 Pac. Rep. 531. As to Alameda county, navigable streams in, see Stats. 1867-8, pp. 486, 680. As to Alameda county, a certain creek in Washington township navigable, see act of March 8, 1872, Stats. 1871-2 p. 307. As to Alameda creek, navigable stream, see act of March 7, 1874, Stats. 1873-4 p. 308. As to Arroyo del San Antonio (Keys) creek, navigable, see Stats. 1860 p. 126; 1873-4 p. 564. As to Arroyo del Medo in Santa Clara county, navigable, see Stats. 1852 p. 223. As to Clear lake, navigable, see act of March 29, 1878, Stats. 1877-8 p. 630; HENNING'S GENERAL LAWS p. 134. As to Diablo creek, navigable, see Stats. 1858 p. 127. As to Earl lake, navigable, see act Feb. 4, 1874, Stats. 1873-4 p. 59. As to Gallinas slough or creek, navigable, see act of March 25, 1876, Stats. 1875-6 p. 485. As to Islais creek, navigable, see Stats. 1867-8 p. 356. As to Klamath river, navigable, see act of April 23, 1880, p. 136. As to Lake Earl in Del Norte county, navigable, see act Feb. 4, 1874, Stats. 1873-4 p. 59. As to Marin county, certain creeks navigable, see Stats. 1861 p. 469; 1869-70 p. 663. As to Mission creek, navigable, see Stats. 1854 p. 18. As to Moro Cojo slough, navigable, see act of March 30, 1874, Stats. 1873-4, p. 790. As to obstruction to harbor by throwing ballast overboard or otherwise, a misdemeanor, see KERR'S CYC. PEN. CODE § 613. As to punishment for malicious injuries to bridges, etc., see KERR'S CYC. PEN. CODE 588. As to Salinas river, navigable, see Stats. 1861 p. 49. As to San Joaquin river and Stockton slough, navigable, see act of Feb. 21, 1872, Stats. 1871-2 p. 117. As to Smith river in Del Norte county, navigable, see act of March 20, 1878, Stats. 1877-8 p. 799. As to Stockton slough and San Joaquin river, navigable, see act of Feb. 21, 1872, Stats. 1871-2 p. 117. As to Sonoma river, navigable, see act Feb. 11, 1878, Stats. 1877-8 p. 72. As to Warm Springs creek, navigable, see Stats. 1871-2 p. 307. § 2350. PENALTY FOR FELLING TREES INTO PUBLIC WATERS. Whoever cuts or causes to be cut down any tree so that it falls into any stream |