The San Francisco directory for the year 1869, Part 193

Author: Langley, Henry G
Publication date: 1858
Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons
Number of Pages: 1076

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SEC. 25. Police Captains and Officers may be suspended from office by the Chief of Police, and with the concurrence of the President of the Board of Supervisors and Police Judge, removed from office for official negligence, inefficiency, or misconduct, under such general rules and regulations, not contrary to law, as may have been established by the Board of Supervisors. They shall receive from the treasury of said city and county, payable out of the Police Fund, such compensation as may be fixed by the Board of Supervisors, not exceeding one thousand eight hundred dollars a year each, for Captains, and one thousand two hundred dollars a year each, for Police Officers.t

SEC. 26. Neither the Chief of Police, Captains, or any other officer of Police, shall follow any other profession or calling, become bail for any person charged with any offense whatever, receive any present or reward for official services rendered, or to be rendered, unless with the knowledge and approbation of a majority of the Police Commissioners, to wit : the Police Judge, Presi- dent of the Board of Supervisors, and Chief of Police of the City and County of San Fran-

* The Police Commissioners may be empowered by the Board of Supervisors to appoint and regulate local Policemen whenever necessary, provided that no money shall be paid out of the city and county treasury for their services .- [Act April 4, 1864.]

+ Salary of officers increased to fifteen hundred dollars per annum .- [Act April 4, 1861.]

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760

SAN FRANCISCO DIRECTORY.

cisco - such approbation to be given in writing ; nor be allowed pay for any period during which they shall absent themselves from public duty, unless such absence necessarily result from indisposition or disability occasioned by injuries suffered while in the discharge of official duty. Police Officers in subjection to the orders of the respective Captains, and all under the general direction of the Chief of Police, shall be prompt and vigilant in the detection of crime, the arrest of public offenders, the suppression of all riots, frays, duels, and disturbances of the public peace, the execution of process from the Police Judge's Court, in causing the abatement of public nuisances, the removal of unlawful obstructions from the public streets, and the enforcement of the laws and regulations of police .- [ Amendment March 24, 1859.]

SEC. 27. In case of great public emergency or danger, the Chief of Police may appoint an additional number of Policemen, of approved character for honesty and sobriety, who shall have the same powers as other Police Officers for twenty-four hours only, but without pay. The Chief of Police, Captains, and. every officer of the permanent force, shall provide themselves with a uniform and badge of office, to be prescribed by regulations of the Board of Supervisors, which shall be worn by them upon all occasions, with such exceptions as may be permitted by the Chief of Police in the performance of detective duty.

SEC. 28. Charges of oppression or official misconduct, when presented by any citizen of the said city and county, against any Police Captain or Officer, and verified on oath, setting forth the specific acts complained of, shall be received and attentively considered and determined by the Police Judge, President of the Board of Supervisors, and Chief of Police, giving to the accused due notice, and an impartial hearing in defense. The Chief of Police, Police Judge, and all other officers now acting or hereafter to be elected or appointed under the provisions of this Act, may be accused, tried, and removed from office, in the mode prescribed by the laws of this State for the removal of civil officers. otherwise than by impeachment.

SEC. 29. The Board of Supervisors, shall, from time to time, establish a convenient number of Police Stations ; determine within what districts the Police Officers and Captains shall usu- ally be distributed and employed ; designate the prisons to be used for the reception of all per- sous arrested or convicted and sentenced for public offenses, in cases not provided for by law ; [and] appoint, during the pleasure of the Board, the keeper of such prisons.

SUPPLEMENTAL VI .- An Act to provide for a Police Contingent Fund .- Approved February 28, 1859.

SECTION 1. The Board of Supervisors of the City and County of San Francisco shall annually set apart from the General Fund, in the treasury of said city and county, the sum of three thousand six hundred dollars, to constitute a Special Fund, to be called the Police Contingent Fund.

SEC. 2. The Police Commissioners of the City and County of San Francisco, or a majority of them, are hereby authorized to allow, out of the Police Contingent Fund of said city and county, any and all orders signed by the Chief of Police of said city and county : provided, that the aggregate of said orders shall not exceed the sum of three thousand six hundred dollars per annum.

SEC. 3. The Auditor of said city and county is hereby authorized to audit, and the Treasurer of said city and county to pay, out of the Police Contingent Fund, any and all orders so allowed by the Police Commissioners, not exceeding, in the aggregate, the sum of three thousand six hundred dollars per annum.

SEC. 4. At the end of each fiscal year, any sum remaining in the Police Contingent Fund, upon which no order shall [have] been allowed, shall be returned to the credit of the General Fund.

SUPPLEMENTAL VII .- An Act to establish Police Regulations for the Harbor of the City and County of San Francisco, etc .- Approved April 4, 1864.

SECTION 1. No person shall board or attempt to board any vessel arriving in the harbor of the City and County of San Francisco before said vessel has been made fast to the wharf, with- out obtaining leave from the Master or person having charge of said vessel, or permission, in writing, from the owner or owners, or the agent thereof ; or having boarded such vessel, shall refuse or neglect to leave the same upon request of the Master or other person in charge thereof, under the penalty prescribed in the next succeeding section of this Act.

SEC. 2. Any person violating section one of this Act shall be deemed guilty of a misde- meanor ; and upon conviction thereof before the Police Judge's Court of said city and county, shall be punished for each offense by a fine not exceeding one hundred dollars, or imprisonment in the County Jail of the City and County of San Francisco for a term not exceeding fifty days, or both, in the discretion of the Judge of the said Police Judge's Court, which Court shall have jurisdiction in such cases.

SEC. 3. The provisions of the last two foregoing sections shall not apply to any Pilot or public officer visiting a vessel, in discharge of his duty.

SEC. 4. No person shall entice or persuade, nor attempt to entice or persuade, any member

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CONSOLIDATION ACT.

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of the crew of any vessel arriving in said harbor, or of any vessel in said harbor, to leave or desert said vessel before the expiration of his term of service in such vessel. Any person guilty of so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sub- ject to the penalty prescribed in section two of this Act.

SEC. 5. No person shall knowingly and willfully persuade or aid any person who shall have shipped on any vessel for a voyage from said port, and receive any advance wages therefor, to desert or willfully neglect to proceed on such voyage. Any person guilty of so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof before. the Police Judge's Court of said city and county, shall be punished for each offense by a fine not exceeding one hundred dollars, or imprisoned in the County Jail of the City and County of San Francisco for a term not exceeding fifty days, or both, in the discretion of the Judge of said Police Judge's Court, which Court shall have jurisdiction in such cases.

SEC. 6. Any person offending against any provision of this Act may be arrested, with or without warrant, as provided in other cases of misdemeanor, by any officer qualified to serve criminal process in the said City and County of San Francisco : provided, the person so arrested shall be forthwith brought before said Police Judge's Court, or admitted to bail, as in other cases of misdemeanor committed in said City and County of San Francisco.

SEC. 7. The word " Harbor," as used in this Act, shall be held to mean and include all the waters of the Bay of San Francisco, within the limits of the said City and County of San Francisco ; and the word " Vessel," as used in this Act, shall be held to mean and include all vessels propelled by steam or sails, plying or bound on a voyage between the said port of San Francisco and any other port in this State, or in any other State of the United States, or in any foreign country.

SEC. 8. The Board of Supervisors of said City and County of San Francisco shall cause this Act to be printed in cheap pamphlet form ; and it shall be the duty of each and every Branch Pilot of the port of San Francisco to obtain from the Clerk of the Board of Super- visors of said city and county a reasonable supply of said pamphlets, and to deliver one copy of the same to the Master or person in charge of each and every vessel boarded by him as a Pilot, whether the said Pilot is employed to bring such vessel into said port or not.

SEC. 9. Any Branch Pilot refusing or neglecting to perform the requirements set forth in the last preceding section, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof before the Police Judge's Court of said city and county, be fined in the sum of ten dol- lars, or be imprisoned in the County Jail for the term of twenty-five days, or both, in the dis- cretion of the Judge of said Police Judge's Court, which said Court is hereby given jurisdiction in such cases.

ARTICLE III. PUBLIC INSTRUCTION.

[ Sections 30-35 are repealed by the following Act, approved April 27, 1863.]

An Act to establish and define the Powers and Duties of the Board of Education of the City and County of San Francisco, and to repeal former Acts regulating the same, and to confer further Powers upon the Auditor and Treasurer of said City and County.

SECTION 1. The Board of Education of the City and County of San Francisco shall consist of the School Directors elected for the several election districts of said city and county. The said Board shall organize annually, on the first Tuesday in July, by electing a President from among its members, and shall hold meetings monthly thereafter, and at such other times as the Board may determine. A majority of all the members elect shall constitute a quorum to transact business, but a smaller number may adjourn from time to time. The Board may determine the rules of its proceedings. Its sessions shall be public, and its records shall be open to public inspection.

SEC. 2. The Board of Education shall have sole power :

First. To establish and maintain Public Schools, and to establish School Districts, and to fix and to alter the boundaries thereof.

Second. To establish Experimental and Normal Schools, either separately or in connection with the State Normal School.

Third. To employ and dismiss Teachers, Janitors, and School Census Marshals, and to fix, alter, allow, and order paid, their salaries or compensations; and to employ and pay such mechanics and laborers as may be necessary to carry into effect the powers and duties of the Board ; and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid.

Fourth. To make, establish, and enforce, all necessary and proper rules and regulations, not contrary to law, for the government and progress of Public Schools within the said city and county, the pupils therein, and the Teachers thereof, and for carrying into effect the laws relating

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SAN FRANCISCO DIRECTORY.

to education ; also to establish and regulate the grade of schools, and determine what text books, course of study, and mode of instruction, shall be used in said schools.

Fifth. To provide for the School Department of said city and county, fuel, lights, water, blanks, blank books, printing, stationery, and such other articles, materials, or supplies, as may be necessary and appropriate for use in the schools or in the office of the Superintendent, and to incar incidental expenses not exceeding twenty-five hundred dollars per annum.

Sixth. To build, alter, repair, rent, and provide school-houses, and furnish them with proper school furniture, apparatus, and school appliances, and to insure any and all school property.

Seventh. To lease for a term not exceeding ten years, any unoccupied property of the School Department not required for school purposes.

Eighth. To receive, purchase, lease, and hold in fee, in trust for the City and County of San Francisco, any and all real estate, and to hold in trust any personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of Public Schools of said city and county : provided, the lots to be purchased under the provisions of this section do not exceed ten in number ; and all conveyances heretofore made to the said Board of Education are hereby legalized and declared valid, and the property therein conveyed vested in said Board in trust as aforesaid.

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Ninth. To sell* or exchange the following lots of land, or any part thereof, situate in the City and County of San Francisco, to wit : Fifty-vara lot, number four hundred and sixty-two, on the corner of Filbert and Kearny streets; fifty-vara lot, number seven hundred and thirty-two, on the corner of Harrison and Fremont streets ; one-half of one hundred-vara lot, number one hundred and twenty-eight, corner of Market and Fifth streets; one hundred-vara lot, number one hundred and seventy-four, corner of Harrison and Fourth streets; fifty-vara lot, number six hundred and sixty-three, corner of Taylor and Vallejo streets ; and the lots, or any portion thereof. which were set aside for school purposes by the Commissioners appointed by the Van Ness Ordinance, ratified and confirmed by the Legislature, by an Act, entitled "An Act con- cerning the City of San Francisco, and to ratify and confirm certain Ordinances of the Common Council of the said City," approved March eleventh, eighteen hundred and fifty-eight, and good and valid deeds therefor to make and execute: provided, that no real estate shall be sold or exchanged without the consent of seven members of the Board of Education, and seven mem- bers of the Board of Supervisors, of the said city and county : and, provided, further, that the proceeds of such sales shall be applied exclusively to the purchase of other lots or the erection of school-houses.

Tenth. To grade, fence, and improve school lots, and in front thereof, to grade, sewer, plank, or pave, and repair streets, and to construct and repair sidewalks.

Eleventh. To sue for any and all lots, lands, and property belonging to or claimed by the said School Department, and to prosecute and defend all actions, at law or in equity, necessary to recover and maintain the full enjoyment and possession of said lots, lands, and property, and to employ and pay counsel in such cases : provided, the amount of fees paid to such counsel shall not exceed one thousand dollars in any one year ; and further, to do any and all lawful acts necessary thereto.

Twelfth. To determine, annually, the amount of taxation, not exceeding thirty-five cents on each one hundred dollars' valuation upon the assessment roll, to be raised by tax upon the real and personal property within the said city and county, not exempt from taxation, for the estab- lishment and support of Free Public Schools therein, and for carrying into effect all the pro- visions of law regarding Public Schools ; and the amount so determined by the said Board of Education shall be reported in writing to the Board of Supervisors of said city and county on or before the third Monday of April of each year ; and the said Board of Supervisors are hereby authorized and required to levy and cause to be collected, at the time and in the manner of levy- ing State and other city and county taxes, the amount of taxation so determined and reported to them by the said Board of Education, as a school tax upon all taxable property of said city and county ; and said tax shall be in addition to all other amounts levied for State, and city and county purposes.

Thirteenth. To establish regulations for the just and equal disbursement of all moneys belonging to the Public School Fund.

Fourteenth. To examine and allow, in whole or in part, every demand payable out of the School Fund, or to reject any such demand for good cause, of which the Board shall be sole judge.

Fifteenth. To discharge all legal incumbrances now existing upon any school property.

Sixteenth. [Obsolete.]

Seventeenth. To prohibit any child under six years of age from attending the Public Schools.

* In case any school lots are hereafter sold in said city and county, at least one-half of the proceeds of such sale shall be reserved and set apart for the redemption of bonds issued under this Act and former Acts, until all such bonds now outstanding or hereafter issued for school purposes are paid, or sufficient money received and set apart for their final redemption and payment .- [Act March 17, 1866.]

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CONSOLIDATION ACT.

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Eighteenth. And, generally, to do and perform such other acts as may be necessary and proper to carry into force and effect the powers conferred on said Board.

SEC. 3. The President of the Board of Education shall have power to administer oaths and affirmations concerning any demand upon the treasury, payable out of the School Fund, or other matters relating to his official duties.

SEC. 4. At the last regular session of the Board, in September, December, March, and June, of each year, before proceeding to other business, each Director shall be called on to report the condition of the school or schools in his district, and the circumstances and wants of the inhabit- ants thereof, in respect to education, and to suggest any defect he may have noted and improve- ment he would recommend in the school regulations. The reports to be made in December and June shall be in writing.

SEC. 5. Before giving out any contract, or incurring any liability to mechanics or laborers, or for expenditures authorized by section two, subdivisions three, five, and six, respectively, to any amount exceeding two hundred dollars, the Board of Education shall cause notice to be published for five days, inviting sealed proposals for the object contemplated. All proposals offered shall be delivered to the Superintendent of Public Schools, and said Board shall, in open session, open, examine, and publicly declare the same, and award the contract to the lowest responsible bidder : provided, said Board may reject any and all bids should they deem it for the public good, and also the bid of any party who may have proved delinquent or unfaithful in any former contract with said city and county or said Board, and cause a republication of the notice for proposals as above specified .- [Amendment March 12, 1864.]

SEC. 6. No School Director or Superintendent shall be interested in any contract pertaining in any manner to the School Department of said city and county. All contracts in violation of this section are declared void, and any Director or Superintendent violating or aiding in the vio- lation of the provisions of this section shall be deemed guilty of a misdemeanor.

SEC. 7. No teacher shall be employed in any of the Public Schools without having a certifi- cate issued under the provisions of this Act. For the purpose of granting the certificates required, the Board of Education, either as a body, or by committee, or by the Superintendent, shall hold examinations of teachers. No certificate shall be issued except to a person who shall have passed a satisfactory examination in such branches as the Board may require, and shall have given evidence of good moral character, ability, and fitness, to teach. The said certificate shall be in force for two years : provided, that the person to whom it is granted is continuously employed in the schools in teaching.

SEC. 8. The Board may, in its discretion, renew, without reexamination, the certificate of any person so employed. It shall have power to revoke the certificate of any teacher upon evidence of immoral or unprofessional conduct ; and any School Director, with the consent and advice of the Superintendent, may, for good and sufficient cause, provisionally withdraw the certificate of any teacher employed in the schools of his district until the next regular meeting of the Board.

SEC. 9. The Superintendent of Public Schools of the City and County of San Francisco is hereby declared and constituted ex officio a member of the Board of Education, without the right to vote.

SEC. 10. The said Superintendent is hereby authorized to appoint a Clerk, subject to the approval of the Board of Education, who shall act as Secretary of the Board, and who shall be paid a salary, to be fixed by the said Board, not to exceed the sum of one hundred and fifty dollars per month. The said Clerk shall be subject to removal at the pleasure of the Superin- tendent, and shall perform such duties as may be required of him by the Board, or the Superin- tendent.

SEC. 11. The Superintendent shall report to the Board of Education, annually, on or before the twentieth day of June, and at such other times as they may require, all matters pertaining to the expenditures, income, and condition and progress of the Public Schools of said city and county, during the preceding year, with such recommendations as he may deem proper.

SEC. 12. It shall be the duty of the Superintendent to visit and examine each school at least once in three months ; to observe and cause to be observed such general rules for the regulation, government, and instruction of the schools, not inconsistent with the laws of the State, as may be established by the Board of Education ; to attend the sessions of the Board, and inform them at each session of the condition of the Public Schools, School Houses, School Funds, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of education in the city and county. He shall acquaint himself with all the laws, rules, and regulations, governing the Public Schools in said city and county, and the judicial decisions thereon, and give advice on subjects connected with the Public Schools, gratuitously, to officers, teachers, pupils, and their parents and guardians.

SEC. 13. Any vacancy in the office of School Director shall be filled by appointment by the Superintendent, by and with the consent of a majority of the School Directors then in office ;

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SAN FRANCISCO DIRECTORY.

and such appointees shall hold office, respectively, until the municipal election next ensuing. and the election and qualification of their successors in office. But no such appointment shall be valid, unless the appointee be at the time of his appointment an elector of the district wherein the vacancy occurred. [Amended. See Supplemental Act I, page 749.]

SEC. 14. In case of a vacancy in the office of Superintendent, the Board of Education may appoint a person to fill the vacancy until the regular election then next following, when the office shall be filled by election of the people. [Amended. See Supplemental Act I, Sec. I, page 749.]

SEC. 15. The School Fund of the City and County of San Francisco shall consist of all moneys received from the State School Fund; of all moneys arising from taxes which shall be levied annually by the Board of Supervisors of said city and county for school purposes ; of all moneys arising from the sale, rent, or exchange of any school property ; and of such other moneys as may, from any source whatever, be paid into said School Fund ; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes, under the provisions of this Act, and for the payment of the interest and redemption of the principal of the school bonds, according to law. No fees or commission shall be allowed or paid for assessing, collecting, keeping, or disbursing any school moneys ; and if, at the end of any fiscal year, any surplus remains in the School Fund, such surplus moncy shall be carried forward to the School Fund of the next fiscal year, and shall not be, for any purpose whatever, diverted or withdrawn from said fund, except under the provisions of this Act.

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The San Francisco directory for the year 1869, Part 193

Author: Langley, Henry G Publication date: 1858 Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons Number of Pages: 1076

Author: Langley, Henry G
Publication date: 1858
Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons
Number of Pages: 1076