MINING BUREAU-STATE MINERALOGIST.

MINING BUREAU AND STATE MINERALOGIST.

LAWS 1880, P. 115; APR. 16, 1880. CODE SUPPLEMENT 1877-78, SEC. 15651.

AN ACT to provide for the establishment and maintenance of a mining bureau. (Repealed.)

The People, etc.

SEC. 1. (Code Supp. 1877-78, 1880, sec. 15651.) There shall be, and is hereby, established in this State a mining bureau, the principal office of which shall be maintained in the city of San Francisco, at which place there shall be collected by the State mineralogist and preserved for study and reference specimens of all the geological and mineralogical substances, including mineral waters, found in this State, especially those possessing economic or commercial value, which specimens shall be marked, arranged, classified, and described, and a record thereof preserved, showing the character thereof, and the place from whence obtained. The State mineralogist shall also as he has opportunity and means collect and in like manner preserve at said office minerals, rocks, and fossils of other States, Territories, and countries, and the collections so made shall at all reasonable hours be open to public inspection, examination, and study.

SEC. 2. It shall be the duty of the governor to appoint a citizen of this State having a practical and scientific knowledge of mining and mineralogy to the office of State mineralogist, to hold his said office for the term of 4 years, or until the appointment and qualification of his successor, who shall take and subscribe the oath of office prescribed by the constitution, and who shall receive for his services a salary of $3,000 per annum to be paid as other officers of the State are paid, and shall also receive his necessary traveling expenses when traveling on the business of his office, to be allowed and audited by the State board of examiners, the whole to be paid out of the mining bureau fund hereinafter provided for, and not otherwise.

SEC. 3. In addition to the collection, classification, arranging, and preservation of specimens, as provided in the first section of this act, it shall be the duty of the State mineralogist to make analytical assays as required, and when the funds in the mining bureau fund are sufficient therefor, to provide and maintain a library of works on mineralogy, geology, and mining; to arrange in cases such specimens as he may collect; to procure and preserve models and drawings of mining machinery and of milling machinery used in the reduction of ores; to correspond with established schools of mining and metallurgy, and obtain and preserve for public inspection and use such information respecting improvements in mining and mining machinery as will be of practical value to the people of this State; to visit the several mining districts of each county of the State, from time to time, ascertain and record their history, describe their geological formation and altitudes, the character of the mines and ores, and the general development of the district. At the close of each year he shall make a report in detail to the governor, showing the amount of disbursements of the bureau under his charge, the number of specimens collected, and giving such statistical information in reference to mines and mining as shall be deemed important.

SEC. 4. The State mineralogist may, from time to time and as the funds in the mining bureau fund will permit, appoint such assistants as he may deem necessary and proper for the carrying out of the objects of this act, and the efficient provision and maintenance of a bureau of mining information and statistics, and may procure and maintain the necessary rooms and furniture for the office and uses of the bureau in San

Francisco; but the entire expenses of the bureau for salaries, assistance, rents, furniture, fuel, and all other things pertaining to the bureau must not, in any one year, be greater than can be paid out of the mining bureau fund herein provided for.

SEC. 5. For the purpose of establishing a fund for the maintenance of said mining bureau, it shall be the duty of the tax collectors in the several counties in this State, and of the license collector of the city and county of San Francisco, on the second Monday in January, April, July, and October, in each year, to transmit by express to the State treasurer all moneys collected by them from mining corporations, or from corporations formed for milling ores, or for supplying water for mining purposes, under or by virtue of the act entitled “An act imposing a tax on the issue of certificates of stock corporations," approved April 1, 1878, and to forward to the State comptroller by mail a certificate showing the amount of money so forwarded to the State treasurer, and the date when the same was transmitted, and also showing the names of the several corporations from which the same was received, and the amount received from each. The State treasurer shall receive the amounts so transmitted, and give duplicate receipts therefor, one of which shall be filed with the State comptroller, and the other shall be returned by mail, or return express, to the collector from whom the money was received and after paying out of the money so received the charges for the transmission thereof, the amount of which shall be noted on the receipt filed with the State comptroller, he shall retain the remainder in his hands as a separate fund, to be known as the mining bureau fund, to be used only in payment of drafts made for the expenses of the mining bureau established under this act, and out of which all the expenses of said bureau shall be paid.

SEC. 6. Such tax collectors and license collector shall hereafter be required to pay into the county treasuries of their respective counties only that portion of the moneys collected by them under the act of the legislature mentioned in the last preceding section, which is collected from corporations other than those mentioned in section 5 of this act.

SEC. 7. This act shall take effect and be in force from and after its passage.

MINING BUREAU-TRUSTEES. (SUPPLEMENTAL ACT.)

LAWS 1885, P. 217; MAR. 21, 1885.

AN ACT supplementary to an act entitled "An act to provide for the establishment and maintenance of a mining bureau," approved April 16, 1880. (Repealed.)

The People, etc.

SEC. 1. All property of this State pertaining to said mining bureau, and the money and financial affairs thereof, shall be vested in and be under the direction and control of a board of trustees of said bureau.

SEC. 2. It shall be the duty of the governor of the State to appoint five citizens and residents of this State to be such trustees.

SEC. 3. The appointees herein mentioned, when assembled, shall constitute the board of trustees of the State mining bureau, three of whom shall constitute a quorum. The board shall have power, by said name, to sue and defend. They shall keep a record of all their proceedings, and they shall elect one of those so appointed to be president of the board, and shall have the right to appoint a custodian of the museum and other employees. The State mineralogist shall be the director of the museum, and shall have the right to appoint a custodian of the museum, and other employees, subject to the approval of the board of trustees, and it shall be his duty to consult the board in all matters of importance.

SEC. 4. Said board shall make rules for its own government, for regulating the custody and disbursement of funds, and the mode of drawing the same from the State treasury.

SEC. 5. The board of trustees shall, annually, report to the governor of the State the condition of the bureau, with a statement of the receipts and expenditures in

detail, which report shall be published in the annual report of the State mineralogist provided for in the act to which this is supplementary.

SEC. 6. The trustees are hereby empowered to pay out of any moneys coming into their hands, the amount advanced by Wells, Fargo & Co., shown in the financial statement of the State mineralogist, and published in his reports.

SEC. 7. The board of trustees shall be empowered to receive, on behalf of the State, bequests or gifts, legacies and devices (devises), real estate and other property, and to use the same in accordance with the wishes of the donors; and if no instructions are given, to use their discretion for the best interests of the State museum.

SEC. 8. The board of trustees may, with the assistance of the State mineralogist, prepare a special collection of ores and minerals of California, to be sent to any world's fair, or exposition, at which they may deem it desirable to display the mineral wealth of the State.

SEC. 9. All acts or laws in conflict with this act are hereby repealed.
SEC. 10. This act shall take effect immediately.

MINING BUREAU-ACT ESTABLISHING.

LAWS 1893, P. 203; MAR. 23, 1893.

AN ACT to provide for the establishment, maintenance, and support of a bureau, to be known as the State mining bureau, and for the appointment and duties of a board of trustees to be known as the board of trustees of the State mining bureau, who shall have the direction, management, and control of said State mining bureau, and to provide for the appointment, duties, and compensation of a State mineralogist, who shall perform the duties of his office, under the control, direction, and supervision of the board of trustees of the State mining bureau. (Repealed.)

The People, etc.

SEC. 1. There shall be, and there is hereby established, in the State of California a mining bureau, the principal office of which shall be maintained in the city of San Francisco, which said mining bureau shall be under the supervision of a board of trustees, to be known as the board of trustees of the State mining bureau; and it shall be the duty of, and the governor of the State of California is hereby authorized and empowered, to appoint five residents and citizens of the State to be such trustees.

SEC. 2. The appointees shall take the same oath of office as other State officers, and when duly qualified and assembled shall constitute the board of trustees of the State mining bureau. They shall hold office for four years from the date of their appointment, or until the qualification of their successors, and shall receive no compensation for their services. They shall have control of all properties and funds of said bureau, and shall have the power by the name of said board to sue and defend. Three of them shall constitute a quorum for the transaction of business. They shall elect one of their number to be president of said board, and shall keep a record of their proceedings. They shall adopt rules and regulations for their government not in conflict with the laws of the State. (Amended.)

SEC. 3. It shall be the duty of the governor of the State of California, and he is hereby empowered, to appoint a citizen and resident of this State, having a practical and scientific knowledge of mining and mineralogy, to the office of State mineralogist, which office is hereby created. Said State mineralogist shall hold his office for the term of four years from the date of his appointment, or until the qualification of his successor. He shall take and subscribe the same oath of office as the other State officers, and shall give bond for the faithful performance of his duties in the sum of $25,000, said bond to be approved by the governor of the State of California. He shall receive for his services a salary of $250 per month, to be paid in the same manner as the salaries of other State officers, and shall also receive his necessary traveling expenses when traveling on the business of his office, said expenses, when approved by the board of trustees of the

mining bureau, to be allowed and audited by the State board of examiners. The said salary and expenses shall be paid out of the mining bureau fund, herein provided for and not otherwise.

SEC. 4. It shall be the duty of said State mineralogist to make, facilitate, and encourage special studies of the mineral resources and mineral industries of the State. It shall be his duty: To collect statistics concerning the occurrence of the economically important minerals and the methods pursued in making their valuable constituents available for commercial use; to make a collection of typical geological and mineralogical specimens, especially those of economic or commercial importance, such collection constituting the museum of the State mining bureau; to provide a library of books, reports, and drawings bearing upon the mineral industries, the sciences of mineralogy and geology, the arts of mining and metallurgy, such library constituting the library of the State mining bureau; to make a collection of models, drawings, and descriptions of the mechanical appliances used in mining and metallurgical processes; to preserve and so maintain such collections and library as to make them available for reference and examination, and open to public inspection at reasonable hours; to maintain, in effect, a bureau of information concerning the mineral industries of this State, to consist of such collections and library, and to arrange, classify, catalogue, and index the data therein contained, in a manner to make the information available to those desiring it, and to provide a custodian specially qualified to promote this purpose; to make a biennial report to the board of trustees of the mining bureau, setting forth the important results of his work, and to issue from time to time such bulletins as he may deem advisable concerning the statistics and technology of the mineral industries of this State.

SEC. 5. Said State mineralogist shall have the right to appoint competent assistants and qualified specialists when necessary in the execution of his plans, and fix their compensations, but all such appointments and compensations shall be subject to the approval and confirmation of said board of trustees, and shall not become effective unless so confirmed and approved. And it shall be the duty of the State mineralogist to consult the said board of trustees upon all matters appertaining to his official duties, and he shall at all times perform such duties subject to the supervision and approval of said board of trustees.

SEC. 6. It shall be the duty of the board of trustees of the State mining bureau, when the funds of said mining bureau will permit, to procure and maintain the necessary rooms and furniture for the offices and uses of the said board of trustees and the State mineralogist, and the museum and library of the mining bureau, in San Francisco: Provided, however, That the entire expenses of the State mining bureau for salaries, assistance, light, rent, fuel, furniture, and all other things pertaining to said bureau must not, in any one year, be greater than can be paid out of the mining bureau fund herein provided.

SEC. 7. The board of trustees of the State mining bureau shall manage and control all the finances of said mining bureau, and shall make rules regulating the custody and disbursement of the funds of the State mining bureau, and the mode of drawing the same from the State treasury.

SEC. 8. The board of trustees of the State mining bureau shall biennially report to the governor of the State the condition of the bureau, with a statement of the receipts and disbursements in detail, and with said report shall be incorporated the biennial report of the State mineralogist, and the report of said board of trustees and State mineralogist shall be printed as are the reports of the other State officers. (Amended.) SEC. 9. The board of trustees of the State mining bureau are hereby empowered and authorized to receive, on behalf of the State, for the use and benefit of the State mining bureau, gifts, bequests, devises, and legacies of real or other property, and to use the same in accordance with the wishes of the donors; and if no instructions are given by

said donors, to manage, use, and dispose of the said gifts, bequests, and legacies for the best interests of the said mining bureau in the manner they may deem proper.

SEC. 10. The State mineralogist may, with the approval of the board of trustees of the State mining bureau, prepare a special collection of ores and minerals of California, to be sent to any world's fair or exposition at which they may deem it advisable or desirable to display the mineral wealth of the State.

SEC. 11. The mining bureau fund herein mentioned, and out of which all the expenses of the State mining bureau shall be paid, shall consist of such property or moneys as may come into the hands of the board of trustees of said bureau by gift, bequest, devise, or legacy, of such moneys as may from time to time be appropriated by the legislature of the State for the use of said bureau, and of such moneys as shall be paid into the State treasury for the use and benefit of said bureau, as provided in the following section:

SEC. 12. It shall be the duty of the tax collectors in the several counties in the State and of the license collector of the city and county of San Francisco, on the second Monday in January, April, July, and October, in each year, to transmit by express to the State treasury all moneys collected by them from mining corporations or from corporations formed for milling ores or for supplying water for mining purposes under or by virtue of the act entitled "An act imposing a tax on the issue of certificates of stock corporations," approved April 1, 1878, and to forward to the State comptroller, by mail, a certificate showing the amount of money so forwarded to the State treasurer, and the date when the same was transmitted, and also showing the names of the several corporations from which the same was received, and the amount received from each. The State treasurer shall receive the amounts so transmitted and give duplicate receipts therefor, one of which shall be filed with the State comptroller and the other shall be forwarded to the collector from whom the money was received; and after paying out of the money so received the charges for the transmission thereof, the amount of which shall be noted on the receipt filed with the State comptroller, he shall retain the remainder in his hands and place it in the mining bureau fund, said mining bureau fund to be used only in the payment of drafts made for the expenses of the mining bureau established under this act.

NOTE.-The act of April 1, 1878 (Laws 1877-78, p. 955), requires the secretary of every corporation in the State to charge a fee of 10 cents for each certificate of stock issued.

SEC. 13. Such tax collectors and license collectors shall hereafter be required to pay into the county treasuries of their respective counties only that portion of the moneys collected by them under the act of the legislature mentioned in the last preceding section, approved April 1, 1878, which is collected from corporations other than those mentioned in section 12 of this act.

SEC. 14. The board of trustees now known as the board of trustees of the State mining bureau shall perform the duties of the board of trustees of the State mining bureau, as in this act provided, and administer the affairs of the State mining bureau, as in this act provided, until the appointment and qualification of their successors, as in this act provided, and the State mineralogist now performing the duties of the office of State mineralogist shall perform the duties of the office of State mineralogist, as in this act provided, until the appointment and qualification of his successor, as in this act provided.

SEC. 15. The act entitled "An act to provide for the establishment and maintenance of a mining bureau," approved April 16, 1880, and the act entitled "An act supplementary to an act entitled 'An act for the establishment and maintenance of a mining bureau,' approved April 16, 1880," approved March 21, 1885, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

NOTE. This act was repealed by the act of June 16, 1913. See page 123.