where any such city and county or incorporated city or town shall have elected to continue any powers respecting public utilities, it may, by a vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the Commission in the manner to be prescribed by the legislature; or if such municipal corporation shall have surrendered any powers to the Commission, it may, by like vote, thereafter reinvest itself with such power.❜

§ 414. Effect of Act on Pending Actions and Proceedings. This act shall not affect pending actions or proceedings brought by or against the people of the state of California or the Commission, or by any other person or corporation under the provisions of chapters 20 or 386 of the Laws of 1911, but the same may be prosecuted and defended with the same effect as though this act had not been passed. Any investigation, hearing, or examination undertaken, commenced, instituted or prosecuted prior to the taking effect of this act may be conducted and continued to a final determination in the same manner and with the same effect as if it had been undertaken, commenced, instituted or prosecuted in accordance with the provisions of this act."

§ 415. Ratification of Act and Proceedings of Commission.-All proceedings hitherto taken by the Commission in any such investigation, hearing or examination are hereby ratified, approved, validated and confirmed and all such proceedings shall have the same force and effect as if they had been undertaken, commenced, instituted, and prosecuted under the pro

2 Section 82, p. 63.

8 Section 83 (a), p. 63.

Strict construction to be given to a law admitting of but one penalty, and that of the harshest possible character. Chicago & Alton R. Co. v. People ex rel. Koerner, 67 Ill. 11.

visions of this act and in the manner herein prescribed.

§ 416. Cause of Action shall not Abate-Action may be Brought Under This Act.-No cause of action arising under the provisions of chapters 20 or 386 of the Laws of 1911 shall abate by reason of the passage of this act, whether a suit or action has been instituted thereon at the time of the taking effect of this act or not, but actions may be brought upon such causes in the same manner, under the same terms and conditions, and with the same effect as though said chapters had not been repealed."

§ 417.

Orders, Decisions, etc., of Commission -Continued in Force.-All orders, decisions, rules or regulations heretofore made, issued or promulgated by the Commission shall continue in force and have the same effect as though they had been lawfully made, issued or promulgated under the provisions of this act.

§ 418. Act to be Construed Continuance of Former Acts of 1911.-This act, in so far as it embraces the same subject matter, shall be construed as a continuation of chapter 20 of the Laws of 1911, approved February 10, 1911, and chapter 386 of the Laws of 1911, approved April 6, 1911.'

§ 419. Constitutionality-Provision as to.-If any section, subsection, sentence, clause or phrase 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.

$ 420. Declaration of Intent of Legislature.The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

§ 421. Interstate Commerce.-Neither this act nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this Union, except in so far as the

8 Section 84, p. 63.

Legislative interpretation contemporary with constitutional provision is entitled to great weight, and, being correct, will not be disturbed. Mo. O. & G. R. Co. v. State (Okl.), 119 Pac. 117.

Legislature cannot authoritatively fix meaning of constitution, but where the meaning of the constitution is doubtful, contemporaneous and long-continued construction thereof by the legislature is entitled to great deference, and may be supposed to reflect the same policy and modes of reasoning which prevailed among the framers of the constitution. Railroad Commission v. Market St. R. Co., 132 Cal. 677, 64 Pac. 1055.

The fact that a provision in a statute is declared to be unconstitutional will not affect the balance of the act where such unconstitutional portion is not of such a nature as to be inseparable from the balance of the act, but it can be eliminated and the balance of the act remain and be enforced as an accomplished act. Thus the supreme court has held that the provision of the irrigation law of 1897 for an appeal to the superior court from the determination of the board of supervisors, having been declared to be unconstitutional by the supreme court in the case of Chinn v. Superior Court, 156 Cal. 478, 105 Pac. 580, does not destroy the act as a whole. The act would have been valid without such provision. The general machinery of the law provides ample protection to the land owners and every reasonable opportunity to correct specific abuses (Inglin v. Hoppin, 156 Cal. 483, 105 Pac. 582), so that the act can well stand as an entire and complete scheme after the elimination of the provision touching appeal. In re Bonds of So. San Joaquin Irr. Dist. (Cal.), 119 Pac. 198.

Section 84, p. 63.

same may be permitted under the provisions of the constitution of the United States and the acts of Congress.10

§ 422. Appropriation.-All moneys which are paid into the state treasury by the Commission up to and including the thirtieth day of June, 1913, under the provisions of section 57 of this act, and credited to the Railroad Commission Fund, are hereby appropriated, to be used by the Commission in carrying out the provisions of this act, and the controller is hereby directed to draw his warrant on said fund from time to time in favor of the Commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same."

§ 423. Repeals.-The Railroad Commission Act, approved February 10, 1911, and the act entitled "An act to amend the Railroad Commission Act by amending section 15 thereof relating to powers and duties of the Railroad Commission of the state of California, and to amend section 37 thereof relating to free and reduced rate transportation for freight and passengers," approved April 6, 1911, and all acts or parts of acts inconsistent with the provisions of this act, are hereby repealed.12

§ 424. Time of Going into Effect. This act shall take effect ninety days after the final adjournment of this session of the legislature.1

10 Section 85, p. 64.

11 Section 86, p. 64.

12 Section 87, p. 64. 18 Section 88, p. 64.

CHAPTER XI.

MUNICIPAL RETENTION OR SURRENDER OF POWERS.

An act to provide for submitting to the qualified electors of every city and county, or incorporated city or town, in this state the question whether such city and county, or incorporated city or town, shall retain the powers of control vested therein respecting all or any public utilities, and providing further for elections thereafter to surrender such powers in case the qualified electors of any such city and county, or incorporated city or town, shall have voted to retain such powers or to reinvest such city and county, or incorporated city or town, with such powers, in case the qualified electors thereof have voted to surrender such powers.1

The people of the State of California do enact as follows:

Section 1. Any city and county, or incorporated city or town, may retain its powers of control vested therein respecting any one or more classes of public utilities and may thereafter surrender such powers to the Railroad Commission of the state of California, hereinafter called the Railroad Commission, or may reinvest itself with such powers as it may have surrendered to the Railroad Commission, all as in this act provided.

Sec. 2. The term "municipal corporation," as used in this act, shall be construed to mean a city and county, or an incorporated city or town. The term "legislative body," as used in this act, shall be construed to mean the board of supervisors, municipal

1 Extraordinary Session 1911, c. 40, pp. 168–175.