by a domestic incorporated athletic club upon the prepayment by such club of an annual license to be fixed by the supervisors of each county; provided further, that such club shall have a physician in attendance to examine the boxers prior to each exhibition and determine whether or not they are in perfect physical condition. SEC. 2. This act shall take effect immediately. Appropria claim of Olive R. CHAPTER CXXII. An act making an appropriation to pay the claim of Olive R. [Approved March 20, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. The sum of eighteen hundred and forty-five tion to pay (1845) dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose of paying the claim of Olive R. Chapman, arising upon a judgment recovered by J. F. Chapman against the state of California, in the superior court of the city and county of San Francisco, on the eighth day of August, eighteen hundred and ninety-five. SEC. 2. The controller is hereby authorized to draw his warrant in favor of Olive R. Chapman for the principal sum of said judgment, to wit, fourteen hundred and eighty-one and ninety-five one hundredths dollars, and interest thereon from date of the rendition until the drawing of said warrant, at the rate of seven per cent per annum, and the treasurer is directed to pay the same out of the appropriation made by this act. SEC. 3. This act shall take effect immediately. Appropria tion to pay claim of CHAPTER CXXIII. An act to appropriate the sum of $150 to pay the claim of the [Approved March 20, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated out of any money the Dow in the state treasury not otherwise appropriated, the sum of one hundred and fifty dollars to pay the claim of the Downey ney Champion. Champion, the said sum of one hundred and fifty dollars being now due and owing from the state of California to the said Downey Champion. SEC. 2. The state controller is hereby authorized and directed to draw his warrant in favor of the said Downey Champion for the said sum of one hundred and fifty dollars, and the state treasurer is hereby directed to pay the same. SEC. 3. This act shall take effect January first, nineteen hundred. CHAPTER CXXIV. An act to add a new section to the Penal Code of the state of California, to be known as section two hundred and fifty-nine, relating to libel. [Approved March 20, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby added to the Penal Code of the state of California a new section, to be known as section two hundred and fifty-nine, to read as follows: articles of must be violation. 259. Every article, statement, or editorial, contained in any Newspaper newspaper or other printed publication, printed or published personal in this state, which by writing or printing tends to blacken the character memory of one who is dead, or to impeach the honesty, integrity, signed. virtue or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or Penalty for publisher of any newspaper or other printed publication, printed or published in this state, who shall publish any such article, statement, or editorial in any printed publication, printed or published in this state, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher, or proprietor so violating this section, in a civil action by and in the name of any person who may bring action therefor, one half of the recovery to be paid into the treasury of this state by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfaction of the court where such action is commenced that a defendant has made a publication in violation of this section within this state, and that after due diligence such defendant cannot be found within this state, or is a foreign corporation, the court must direct an attachment in such action to issue Name of author of book or news agency sufficient. Governor transfer of funds to general fund. against the property of such defendant, and thereupon such and after its passage. CHAPTER CXXV. An act authorizing the governor to order the transfer to the general fund of any money that may be in other funds of the state treasury, and the return thereof to such funds. [Approved March 20, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Whenever the general fund of the state treasury may order becomes exhausted, and there is money in other funds not required to meet any accrued demands against such funds, or demands to accrue against such funds, the controller shall report such fact to the governor and treasurer; and if the governor and treasurer find that the money is not needed in such other funds, the governor may, and he is hereby empowered to order the controller to direct the transfer of such money, or any part thereof, to the general fund. All money so transferred to the general fund under the provisions of this act shall be returned to the fund from which it was transferred as soon as there is sufficient money in the general fund to return the same. Nothing in this act shall be so construed as to order or warrant the transfer of any money from any fund so as to in any manner interfere with the object for which such fund was created. SEC. 2. This act shall take effect immediately. CHAPTER CXXVI. An act creating a commissioner of public works, defining his duties and powers, and fixing his compensation. [Approved March 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: public SECTION 1. There is hereby created a commissioner of public commisworks, to be appointed by the governor. He shall hold office sioner of for the term of four years, or until his successor shall be works. appointed and qualified. In case of vacancy occasioned by death, resignation, or otherwise, the governor shall appoint his successor; provided, that any appointment made to fill a vacancy shall be only for the unexpired portion of the term for which the original appointment was made. Said officer, before entering upon the discharge of his duty, shall take and subscribe the official oath, and execute an official bond in the sum of six thousand dollars, to be approved by the governor, and filed and recorded in the office of the secretary of state, as in the case of bonds of other state officials. Such commissioner Salary. shall receive a salary of twenty-five hundred dollars per annum, payable in monthly installments, and shall be allowed his actual traveling and other necessary incidental expenses incurred while in the performance of official duties. SEC. 2. The commissioner shall perform such duties in the Duties. examination of lands subject to inundation and overflow by floodwaters, and of the waters causing and making such inundation and overflow, and in the preparation of plans and estimates of cost for works to regulate and control such floodwaters, as he may be directed to perform from time to time by the governor; and such other duties in the examination, supervision and management of public works, constructed or carried on by the state, or under state authority, or under any law of the state, as he may be directed to from time to time by law. He shall, subject to the approval of the auditing board, have Powers. the power to employ such engineers and assistants as he may deem necessary to carry out the provisions of this act, or to perform any duties imposed by any law upon said commissioner, and to fix their compensation, subject to the approval of the board. repealed. SEC. 3. An act entitled "An act creating a commissioner of conflictpublic works, defining his duties and powers, prescribing his ing acts compensation, and making appropriation," approved March twenty-fourth, eighteen hundred and ninety-three; "An act to amend an act entitled 'An act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation,' approved March twenty-fourth, eighteen hundred and ninety-three, relating to the office of commissioner of public works," approved February twenty-fifth, eighteen hundred and ninety-seven, and all other acts and parts of acts in conflict with the provisions of this act are hereby expressly repealed. This act shall be construed as a renewal and continuation of the office of commissioner of public works. SEC. 4. This act shall take effect on its passage. Leave of absence granted members of N. G. C. who enlisted in United States army. Return to Officers whose terms ex pired. CHAPTER CXXVII. An act regarding organizations, officers, and members of the national guard who entered the United States volunteer service in the Spanish-American war of eighteen hundred and ninetyeight, their privileges and exemptions, and retirements, and providing for the return to the national guard of such organizations, officers, and members. [Approved March 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Each and all of the officers and members of the regiments and companies of the national guard of the state of California who were mustered into the United States volunteer service in the Spanish-American war of eighteen hundred and ninety-eight and have been discharged therefrom are hereby granted leave of absence from the time of their mustering into the United States volunteer service until being mustered out of the same, and that within one hundred and fifty days from their being so mustered out they may report for duty to the brigadier-general of the brigade from which they went, if a regiment; or to the commanding officer of the regiment or battalion from which they went, if a company or division; and they shall at once be recognized as belonging to the national guard and returned to duty as the company, division, battalion, or regiment, which they were at the time they entered said volunteer service, and any company or division not having the minimum number required by law shall recruit up to the requisite number within the time above specified. All officers of such companies, divisions, battalions, and regiments as entered said volunteer service, and shall return to the national guard as above provided for, shall continue to serve under the commissions held by them at the time they entered the said volunteer service for the unexpired portion of their respective commissions, the same as if they had not entered such volunteer service, and had remained continuously in the national guard. Those officers of the national guard who entered said volunteer service, but whose term of office would have expired had they remained in the national guard, are hereby granted all the privileges, exemptions, and retirements up to the date of |