Law o> lad R. C. McCOMISH Attormey-at SAN JOBE, + = > ae - NN > | 4 | SUPPLEMENT TO TREADWELL’S CONSTITUTION OF CALIFORNIA ConTAINING CITATIONS FROM VoLuMES 133 To 148 oF CALIFORNIA ReEpoRTS, AND AMENDMENTS ApopreD Novemser 4, 1902, anp NovEMBER 8, 1904 SAN FRANCISCO BANCROQFT-WHITNEY COMPANY LAW PUBLISHES AND LAW BOOKSELLERS 1905 [ } h . } P . : —-_ = ¥) emir Ad ; car ny SUPPLEMENT TO TREADWELL’S CON- STITUTION OF CALIFORNIA. Article I, Section 1. An act making it unlawful to buy or sell quail is -not in violation of this section. (Ex parte Kenneke, 136 Cal. 527, 69 Pac. 261.) A statute declaring that all contracts for the con- struction of buildings, with certain exceptions, must provide for the payment of the contract price in money, is in violation of this section. (Stimson M. Co. v. Braun, 136 Cal. 122, 68 Pac. 481.) The right of property antedates all constitutions. This right is invaded if the owner is not at liberty to contract with others respecting the use to which he may subject his property, or the manner in which he may enjoy it. (Stimson M. Co. v. Braun, 136 Cal. 122, 68 Pac. 481.) 26 BAGS JACKSON 4 Article I, Section 5. The writ of habeas corpus will not issue when the restraint is not real, but merely nominal and permis- o ail persons or objects within the elass to which it relates. (Ruperich v. Bachr, 142 Cal. 190.) An act providing that in divorce suits the final de- cree shall not be entered until the expiration of one year from the filing of the decision, is valid. (Deyoe v. Superior Court, 140 Cal. 476.) The provision of section 1373 of the Political Code, making the county in which the indictment was found chargeable with the support of insane crimi- nals, is not in violation of this section. (Napa State Hospital v. Yuba County, 138 Cal. 378.) As to the uniform operation of the County Gov- ernment Act, which goes into effect at different times as to different counties, see Freman y. Marshall, 137 Cal. 159. The provision of section 1197 of the Political Code forbidding the name of a nominee to be placed upon the ballot more than once, is in violation of this sec- tion. (Murphy v. Curry, 137 Cal. 479.) The act providing for the application of the sal- aries of public officers to the payment of their debts - TREADWELL’S CONSTITUTION OF CALIFORNIA. oO. is not unconstitutional because not uniform in its op- eration. (Ruperich v. Baehr, 142 Cal. 190.) Article I, Section 13. An accused person held in custody an unreasonable length of time without trial will be discharged upon habeas corpus. (In re Begerow, 133 Cal. 349, 65 Pac. 828.) . Where the court is prohibited from pronouncing judgment upon the defendant because the indictment is invalid, jeopardy does not attach. (People v. Ter- rill, 133 Cal. 120, 65 Pac. 303.) A law authorizing the commitment of a person to an insane asylum without notice is void. (Matter of Lambert, 134 Cal, 626, 66 Pac, 851.) < A vested right in a pension fund is property within the meaning of this provision. (Kavanagh v. Board of Police P. I*. Commrs., 134 Cal. 50, 66 Pac. 36.) The shortness of the period of constructive notice to nonresident ‘heirs of the probate of a will does not deprive them of due process of law, since they are allowed to contest the will within a year after pro- bate. (Estate of Davis, 136 Cal. 590, 69 Pac. 412.) An ex parte order for alimony is void. (Baker y. Baker, 136 Cal. 302, 68 Pac. 971.) The so-called front foot method of assessment is valid. (San Francisco Pav. Co. v. Bates, 134 Cal. 39, 66 Pac. 2; Chapman v. Ames, 135 Cal. 246, 67 Pac. 1125; Belser v. Allman, 134 Cal. 399, 66 Pac. 492; Reid v. Ciay, 134 Cal. 207, 66 Pac. 262; Alameda v. Cohen, 133 Cal. 5, 65 Pac. 127; German Sav. etc. Soc. v. Ramish, 138 Cal. 120.) A conviction for petit larceny committed in con- nection with a burglary is not a bar to a prosecution for burglary. (People v. Devlin, 143 Cal. 128.) The faet that the street bond act does not in terms give a lienholder an opportunity to object, does not render it unconstitutional. (German Sav. ete. Soc. v. Ramish, 138 Cal. 120.) Article I, Section 14. The fact that a road is called a private road does not prevent the condemnation of land therefor. (County of Madera v. Raymond G. Co., 139 Cal, 128.) 6 SUPPLEMENT TO The street bond act, authorizing the imposition of a charge upon property for ten years is not invalid, as taking private property for public use. (German Sav. ete. Soc. v. Ramish, 138 Cal. 120.) Section 1254 of the Code of Civil Procedure, pro- viding that the plaintiff in an action of eminent domain may enter into possession without first making com- pensation, is in violation of this section. (Steinhart v. Superior Court, 137 Cal. 575; Beveridge v. Lewis, 137 Cal, 619.) Article I, Section 15. To punish a person by imprisonment for failure to pay a debt to a receiver is in violation of this pro- vision. (Knutte v. Superior Court, 134 Cal. 660, 66 Pac. 875.) Article I, Section 21. A statute providing that all county printing must be let to persons who have been established in busi- ness in the county for more than one year is in viola- tion of this section. (Van Harlingen y. Doyle, 134 Cal. 53, 66 Pac, 44.) The act regulating the practice of medicine and surgery does not violate this section. (Ex parte ~ Gerino, 143 Cal. 412.) An act applying uniformly to all cities of a par- ticular class is not in violation of this section. (Ex parte Jackson, 143 Cal. 564.) The provision of section 1197 of the Political Code, forbidding the name of a nominee to be placed upon the ballot more than once, is in violation of this seec- tion. (Murphy v. Curry, 137 Cal, 479.) Article II, Section 6. Sec. 6. The inhibitions of this Constitution to the contrary notwithstanding, the legislature shall have power to provide that in different parts of the state different methods may be em- ployed for receiving and registering the will of TREADWELL’S CONSTITUTION OF CALIFORNIA. ie the people as expressed at elections, and may > provide that mechanical devices may be used within designated subdivisions of the state at the option of the local authority indicated by the legislature for that purpose. (Amendment adopted November 4, 1902.) Article TIT, Section 1. The legislature may invest judicial officers with power to punish for contempt. (Crocker v. Conrey, 140 Cal, 213.) The legislature cannot invest ministerial officers with the power to punish individuals by fine and imprisonment. (Burns v. Superior Court, 140 Cal. 1.) The power to remove a public officer for cause is not judicial in its character. (Matter of Carter, 141 Cal. 316.) Article IV, Section 1. An act authorizing a commissioner to require fac- tories and workshops to provide mechanical contri- vances to prevent the inhaling of dust, filaments and gases, when it appears to him that it can be to a great extent prevented by such contrivances, is an unlawful delegation of legislative functions. (Schaez- lein v. Cabaniss, 135 Cal. 466, 67 Pac. 755.) Article IV, Section 24. An act entitled ‘‘An act to establish a uniform system of county and township governments’’ cannot: provide for the salaries of. official reporters of the superior courts, (Pratt v. Browne, 135 Cal. 649, 67 Pac. 1082.) The provision of an act entitled ‘An act creating a board of commissioners of building and loan asso- ciations, and prescribing their duties and powers,’’ as to withdrawals is not expressed in the title of the act. (Provident etc. Assn. v. Davis, 143 Cal. 253.) It is a sufficient compliance with this provision to republish the section of the act amended. (Estate of Campbell, 143 Cal, 623.) 8 SUPPLEMENT TO The act of April 9, 1880, amending one hundred and eight sections of the Penal Code, repealing ten sec- tions, and adding a new section thereto, is not a revision of the entire code, requiring a republication thereof, (Peonle v. Oates, 142 Cal. 12.) An act entitled an act to amend a particular sec- tion of one of the codes sufficiently states the sub- ject of the act. (People v. Oates, 142 Cal. 12.) An.act purporting in its title to deal with publica- tions by certain public officers cannot in the body of the act provide for other classes of publications. (Estate of Melone, 141 Cal. 331.) The fact that an act does not deal with the matter of crimes and punishments does not prevent it from being in the form of an amendment to the Penal Code, if its title shows its subject matter. (County of Butte v. Merrill, 141 Cal. 396.) An act entitled ‘‘An act to establish a tax on col- lateral inheritances, bequests, and devises’’ cannot impose such a tax on direct kindred. (Estate of Winchester, 140 Cal. 468.) An act entitled an act to add a new section to 3, named code relating to a named subject is sufficient to embrace all matters relating to such subject. (Devoc v. Supericr Court, 140 Cal. 476.) The case of Abeel v. Clark, 84 Cal. 226, approved as to the constitutionality of an ‘‘Act to encourage and provide for general vaccination in the state of California.’’ (French v. Davidson, 143 Cal. 659.) The fact that an act adds certain sections which relate to procedure to the Civil Code, instead of the Code of Civil Procedure, does not make it invalid. (Deyoe v. Superior Court, 140 Cal. 476.) As to whether an act is an amendment or a re- vision of another act, see Beach v. Von Detten, 139 Cal. 462. The preservation of fish and game is a single sub- ject of legislation. (Ah King y. Police Court, 139 Cal. 718:) Subject of act held to be within title. (Jackson v. Baehr, 138 Cal. 266.) The provision of the act regulating the practice of medicine and surgery, that the board of examiners shall be elected by various medical societies does not TREADWELL’S CONSTITUTION OF CALIFORNIA. 9 grant any special right, privilege, or immunity to Such societies. (Ex parte Gerino, 143 Cal. 412.) Article IV, Section 25. A law requiring insane persons in state institutions _ to be supported out of their own estates is not in vio- lation of this section. (Estate of Yturburru, 134 Cal. 567, 66 Pace. 729.) An act relating to license taxes in cities of a par- ticular class is not a special law. (Ex parte Jack- son, 143 Cal. 564.) The collateral inheritance tax act is not unconstitu- tional because it taxes brothers and sisters, and ex- empts the wife of a son, the widow of a son, and the husband of a daughter, ‘the classification being based on a natural distinction. (Estate of Campbell, 143 Cal. 623.) An act providing that in divorce suits the final de- eree shall not be entered until the expiration of one year from the filing of the decision, ig valid. (Deyoe v. Superior Court, 140 Cal. 476.) The case of Abeel v. Clark, 84 Cal. 226, approved as to the constitutionality of an ‘‘Act to encourage and provide for general vaccination in the state of California.’’ (French v. Davidson, 143 Cal. 659.) The act providing for the application of the sal- aries of public officers to the payment of their debts is not a special law because it creates a distinct class of debtors and provides a special method of reaching such salaries. (Ruperich v. Baehr, 142 Cal. 190.) A law is not special if it relates to a class, and the eless is founded upon intrinsic differences, requiring or re2sonably justifying different regulations. (Rupe- rich v. Baehr, 142 Cal. 190.) As to when an entire act will not be affected by the fact that one provision thereof is special, see Davidson v. Von Detten, 139 Cal. 467. Section 1143 of the Penal Code relating to fees of jurors in criminal actions is not a special law. (Jack- son v. Baehr, 138 Cal. 266.) The provision of section 1373 of the Political Code, making the county in which the indictment was found chargeable with. the support of insane Criminals, is 10 SUPPLEMENT TO not a special law. (Napa State Hospital v. Yuba County, 1388 Cal. 378.) The provision of section 1203 of the Code of Civil Procedure, requiring contractors for the erection of buildings to secure their contracts by bonds, is a special law. (Shaughnessy v. American Surety Co., 138 Cal. 543.) The provisions of the Political Code in regard to road taxes are not in violation of this section, be- cause cities and towns are exempted from their opera- tion, since this does not exempt cities and towns from the ‘tax, but compels cities and towns to maintain their streets under the street improvement act. (Mil- ler v. County of Kern, 137 Cal. 516.) Article IV, Section 2514. Sec. 254. ‘The legislature may provide for the division of the state into fish and game districts, and may enact such laws for the protection of fish and game therein as it may deem appropriate to the respective districts. (Amendment adopted November 4, 1902.) Article IV, Section 31. The provision of the Political Code for the repay- ment to purchasers of swamp lands of the amounts which they had paid for their lands, being a part of the contract between them and the state, is not a gift of public money. (McCord v. Slavin, 143 Cal. 325.) An act providing for the payment of fees to jurors for past services, where there was no previous liabil- ity therefor, is in violation of this section. (Powell v. Phelan, 138 Cal. 271.) Article IV, Section 32. The legislature cannot retroactively give an officer in- creased compensation over that fixed by law when his term commenced, by ratifying the payment of such increased compensation. (County of Butte v. Merrill, 141 Cal, 396.) TREADWELL’S CONSTITUTION OF CALIFORNIA. eit Article IV, Section 36, Sec. 36. ‘The legislature shall have power to establish a system of state highways or to declare any road a state highway, and to pass all laws - necessary or proper to construct and maintain the same, and to extend aid for the construction and maintenance in whole or in part of any county highway. (Amendment adopted Novem- ber 4, 1902.) Article VI, Section 1. Sec. 1. The judicial power of the state shall be vested in the senate, sitting as a court of im- peachment, in a supreme court, district courts of appeal, superior courts, justices of the peace, and such inferior courts as the legislature may estab- lish in any incorporatéd city or town, or city and county. (Amendment adopted November 8, 1904.) An act providing for a police judge necessarily pre- supposes a police court. (Ex parte Mauch, 134 Cal. 500, 66 Pac. 734.) The legislature may provide that the city council shall be the final and exclusive judge of the election of all municipal officers. (Carter v. Superior Court, 138 Cal. 150.) The legislature cannot invest ministerial officers with the power to punish individuals by fine and imprisonment. (Burns vy. Superior Court, 140 Cal. 1.) The legislature may invest judicial officers with power to punish for contempt. (Crocker vy. Conrey, 140 Cal. 213.) The supreme court only has jurisdiction in probate proceedings as may be provided by law. (Estate of Cahill, 142 Cal. 628.) o 12 SUPPLEMENT TO An action to foreclose a mechanic’s lien or to reach the fund in the hands of the owner, being an equitable action, is within the appellate jurisdiction of the supreme court. (Weldon vy. Superior Court, 138 Cal. 427.) Article VI, Section 4, ~ Sec. 4. The supreme court shall have appellate jurisdiction on appeal from the superior courts in all cases in equity, except such as arise in justices’ courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to two thousand dollars; also, in all such probate matters as may be provided by law; also, on questions of law alone, in all criminal cases where judgment of death has been rendered; the said court shall also have appellate jurisdiction in all cases, matters, and proceedings pending before a district court of appeal which shall be ordered by the supreme court to be transferred to itself for hearing and decision, as hereinafter provided. The said court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs re- TREADWELL ’S CONSTITUTION OF CALIFORNIA. 13 turnable before himself or the supreme court, or before any district court of appeal, or before any judge thereof, or before any superior court in the state, or before any judge thereof. The state is hereby divided into three appellate districts, in each of which there shall be a district court of appeal consisting of three justices. The first district shall embrace the following counties: San Francisco, Marin, Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa Cruz, Monterey, and San Benito. The second district shall embrace the following counties: Tulare, Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego. The third district shall embrace the following counties: Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, Mendo- cino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, Alpine, and Mono. The supreme court, by orders entered in its minutes, may from time to time remove one or more counties from one appellate district to an- other, but no county not contiguous to another county of a district shall be added to such district. Said district courts of appeal shall hold their regular sessions respectively at San Francisco, 14 SUPPLEMENT TO Los Angeles, and Sacramento, and they shall al- ways be open for the transaction of business. The district courts of appeal shall have appellate jurisdiction on appeal from the superior courts in all cases at law in which the demand, exclusive of interest, or the value of the property in contro- versy, amounts to three hundred dollars, and does not amount to two thousand dollars; also, in all eases of forcible and unlawful entry and detainer (except such as arise in justices’ courts), in pro- ceedings in insolvency, and in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari, and prohibition, usurpation of office, contesting elections and eminent domain, and in | such other special proceedings as may be provided by law (excepting cases in which appellate juris- diction is given to the supreme court); also, on questions of law alone, in all criminal cases prose- cuted by indictment or information in a court of record, excepting criminal cases where judgment of death has been rendered. The said courts shall also have appellate jurisdiction in all cases, matters, and proceedings pending before the su- preme court which shall be ordered by the su- preme court to be transferred to a district court of appeal for hearing and decision. The said courts shall also have power to issue writs of man- damus, certiorari, prohibition, and habeas corpus, end all other writs necessary or proper to the com- plete exercise of their appellate jurisdiction. TREADWELL’S CONSTITUTION OF CALIFORNIA, ao. <, Each of the justices thereof shall have power to issue writs of habeas corpus to any part of his ap- pellate district upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the dis- trict court of appeal of his district, or before any superior court within his district, or before any _ judge thereof. The supreme court shall have power to order any cause pending before the supreme court to be heard and determined by a district court of appeal, and to order any cause pending before a district court of appeal to be heard and deter- mined by the supreme court. The order last mentioned may be made before judgment has been pronounced by a district court of appeal, or with- in thirty days after such judgment shall have be- come final therein. The judgments of the dis- trict courts of appeal shall become final therein upon the expiration of thirty days after the same shall have been pronounced. The supreme court shall have power to order causes pending before a district court of appeal for one district to be transferred to the district court of appeal of another district for hearing and decision. The justices of the district courts of pe shall be elected by the qualified electors within their respective districts at the general state elec- tions at the times and places at which justices of 16 SUPPLEMENT TO the supreme court are elected. Their terms of office and salaries: shall be the same as those of justices of the supreme court, and their salaries shall be paid by the state. Upon the ratification by the people of this amendment the governor shall appoint nine persons to serve as justices of the district courts of appeal until the first Mon- day after the first day of January in the year 1907, provided, that not more than six of said persons shall be members of the same _ political party. At the election in the year 1906 nine of such justices shal] be elected as above provided, and the justices of each district court of appeal shall so classify themselves by lot that one of them shall go out of office at the end of four years, one of them at the end of eight years, and one of them at the end of twelve years; an entry of such classi- fication shall be made in the minutes of the court, signed by the three justices thereof, and a dupli- cate thereof filed in the office of the secretary of state. If any vacancy occur in the office of a jus- tice of the district courts of appeal, the governor shall appoint a person to hold office until the elec- tion and qualification of a justice to fill the va- cancy; such election shall take place at the next succeeding general state eléction as aforesaid; the justice then elected shall hold the office for the unexpired term. One of the justices of each of the district courts of appeal shall be the presiding justice thereof, TREADWELL’S CONSTITUTION OF CALIFORNIA. 17 and as such shall be appointed or elected as the case may be. The presence of three justices shall be necessary for the transaction of any business by such court, except such as may be done at cham- bers, and the concurrence of three justices shall be necessary to pronounce a judgment. Whenever any justice of the supreme court is for any reason disqualified or unable to act in a cause pending before it, the remaining justices may select one of the justices of a district court . of appeal to act pro tempore in the place of the justice so disqualified or unable to act. Whenever any justice of a district court of ap- peal is for any reason disqualified or unable to act in any cause pending before it, the supreme court may appoint a justice of the district court of appeal of another district, or a judge of a su- ferior court who has not acted in the cause in the court below, to act pro tempore in the place of the justice so disqualified or unable to act. No appeal taken to the supreme court or to a district court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be pro- ceeded with therein as if regularly appealed there- to. All statutes now in force allowing, providing for, or regulating appeals to the supreme court 18 SUPPLEMENT TO shall apply to appeals to the district courts of ap- peal so far as such statutes are not inconsistent with this article and until the legislature shall otherwise provide. | The supreme court shall make and adopt rules not inconsistent with law for the government of the supreme court and of the district courts of appeal and of the officers thereof, and for regulat- ing the practice in said courts. (Amendment adopted November 8, 1904.) Article V1, Section 5, The superior courts are state courts. (Pratt v. Browne, 135 Cal. 649, 67 Pac. 1082.) There is only one superior court in each county. (Carter vy. Lothian, 133 Cal. 451, 65 Pac, 962.) An action to set aside a judgment procured by fraud is a suit in equity and need not he brought in the county in which the judgment wes recovered. (Herd v. Tuohy, 183 Cal. 55, 65 Pac. 139.) The probate court has exclusive jurisdiction of lega- cies. (Drinkhouse v. Merritt, 134 Cal. 580, 66 Pac. 785.) The probate court has no jurisdiction to settle a dis- puted claim by a third person against the guardian or the estate of a ward. (Guardianship of Breslin, 135 Cal. 21, 66 Pac. 962.) A court of equity cannot set aside a decree of dis- tribution made by the probate court on the ground of fraud of the person procuring it; but in case of ex- trinsic fraud it may declare such person a trustee of the defrauded parties. (Sohler v. Sohler, 135 Cal. 323, 67 Pac. 282.) Questions in regard to assignments made by an heir apparent are not within the scope of probate proceedings. (Estate of Ryder, 141 Cal. 366.) Where several plaintiffs sue together on several dis- tinct claims each for less than three hundred dollars, and the court enters a joint judgment for the entire TREADWELL’S CONSTITUTION OF CALIFORNIA. 19 amount of the claims, the judgment is void. (Winrod v. Wolters, 141 Cal. 399.) The proviso to this section is to be strictly con- strued, and does not inciude an action to recover damages for interfering with an easement for a canal, where there is nothing in the complaint to indicate that the defendant claims any right or title to the easement of the canal. (Miller & Lux v. Kern Co. Land Co., 140 Cal. 132.) An action may be brought under the proviso to this section to partition several distinct tracts of land situ- ated in different counties. As to whether or not partition is an action ‘‘quieting title to’’ real estate not decided. (Murphy v. Superior Court, 138 Cal. 69.) The superior court sitting as a court of probate has no jurisdiction to annul an administration and com- pel the administrator to return a!l the property which has come into his hands, on the ground that the ad- ministration was granted on the estate of a living person. (Costa v. Superior Court, 137 Cal, 79.) The determination of a judgment lien against a dev- isee is not a matter of probate. (Martinovich v. Marsicano, 137 Cal. 354.) When a title by patent from the United States vested absolutely in the widow and two children of the deceased husband and father, free of any trust attaching to his estate, the superior court sitting in probate has no jurisdiction over it. (Southern Cal. M. T. Co. v. Lincoln University, 137 -Cal. 508.) The superior court has concurrent jurisdiction with justices of the peace for the foreclosure of liens on personal property when the claim is for less than _ three hundred dollars, and the plaintiff is entitled to costs, whether he seeks relief in one jurisdiction or the other. (Clark vy. Brown, 141 Cal. 93.) Article VI, Section 6. The departments of the superior court of a single county, though theoretically one court, are practically ag distinct, for the trial of causes, as other superior courts, and a jury drawn for one department cannot be used in another. (People v. Wong Bin, 139 Cal. 60.) 20 SUPPLEMENT TO The fact that the constitution gives the superior court jurisdiction in cases of equity does not prevent the legislature from regulating the practice and pro- ceedings in such cases. (Wright y. Superior Court, 139 Cal. 469.) The legislature has no power to increase or diminish the term of office of superior judges as fixed by the constitution; and such judge, therefore, cannot hold after the expiration of such term and until his sue- cessor has been elected or appointed. (People v. Campbell, 138 Cal. 11.) Article VI, Section 10. Sec. 10. Justices of the supreme court, and of the district courts of appeal, and judges of the superior courts may be removed by concurrent resolution of both houses of the legislature adopted by a two-thirds vote of each house. All other judicial officers, except justices of the peace, may be removed by the senate on the recommen- dation of the governor; but no removal shall be made by virtue of this section unless the cause thereof be entered on the journal, nor unless the party complained of has been served with a copy of the complaint against him and shall have had an opportunity of being heard in his defense. On the question of removal the ayes and noes shall be entered on the journal. (Amendment adopted November 8, 1904.) Article VI, Section 11. The pa*ties to an action in the justices’ court can- not confer jurisdiction upon the court of an action involving the title or possession of real estate by failing to plead such lack of jurisdiction by verified TREADWELL’S CONSTITUTION OF CALIFORNIA. 21 answer. (King v. Kutner-Goldstein Co., 135 Cal. 65, G¢-Pac.-10.) The board of supervisors of a county may by or- dinance abolish two contiguous judicial townships having a justice’s court in each, and may establish one new consolidated township, comprising the ter- ritory of both of them. (Proulx v. Graves, 143 Cal. 243.) The constitutional provision as to justices’ courts operates specifically only by means of such local legis- lation as the state legislature hag delegated to the supervisors under general laws, and automatically es- tablishes a justice’s court in each township estab- lished by the local body which continues while the town- ship exists, and is merged in another justice’s court when two townships are merged into one. (Proulx v. Graves, 143 Cal. 243.) The words ‘‘forcible entry and detainer’’ include unlawful detainer. (Ivory v. Brown, 137 Cal. 603.) Article VI, Section 12. Sec. 12. The supreme court, the district courts of appeal, the superior courts, and such other courts as the legislature shall prescribe, shall be courts of record. (Amendment adopted November 8, 1904.) | Article VI, Section 16. Sec. 16. The legislature shall provide for the speedy publication of such opinions of the su- preme court and of the district courts of appeal as the supreme court may deem expedient, and all opinions shall be free for publication by any per- son. (Amendment adopted November 8, 1904.) Article VI, Section 17. Sec. 17. The justices of the supreme court and of the district courts of appeal, and the judges 22 SUPPLEMENT TO of the superior court shall severally, at stated times during their continuance in office, receive for their services such compensation as is or shall be provided by law, which shall not be in- creased or diminished after their election, nor during the term for which they shall have been elected. The salaries of the justices of the su- preme court and of the district courts of appeal shall be paid by the state. One-half of the salary of each superior court judge shall be paid by the state; the other half thereof shall be paid by the county for which he is elected. (Amendment adopted November 8, 1904.) : | Article VI, Section 18, Sec. 18. The justices of the supreme court, and of the district courts of appeal, and the judges of the superior courts shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected. (Amendment adopted November 8, 1904.) Article VI, Section 19. An instruction that ‘funder the case and proofs as here made no presumption of negligence arises against the defendant from the mere fact that an accident has occurred,’’ violates this provision. (Sullivan vy. Market St. Ry. Co., 136 Cal. 479, 69 Pac. 143.) An instruction that the condemnation sought is not necessary is an instruction upon a matter of fact. (Santa Ana v. Gildmacher, 133 Cal. 395, 65 Pac. 883.) The provision of section 2061 of the Code of Civil Procedure that the jury are, on ali proper occasions, TREADWELL’S CONSTITUTION OF CALIFORNIA. O58 . to be instructed that the testimony of an accomplice - ought to be viewed with distrust and the evidence of the oral admission of a party with caution, vio- 205 this provision. (People v. Wardrip, 141 Cal. 229. Instruction on matter of fact held error. (Kerri- gan v. Market St. Ry. Co., 138 Cal. 506.) An instruction that if the jury believe a particular witness they shall render a verdict accordingly is error. (People vy. Barker, 137 Cal. 557.) An instruction assuming that there may be an inference or definite presumption of guilt of the crime of burglary from the mere unexplained fact of pos- session of stolen property, is error. (People v. Boxer, 137 Cal. 562.) Article VI, Section 21. Sec. 21. The supreme court may appoint a re- porter and not more than three assistant re- porters of the decisions of the supreme court and of the district courts of appeal. Each of the district courts of appeal shall appoint its own clerk. All the officers herein mentioned shall hold office and be removable at the pleasure of the courts by which they are severally appointed, and they shall receive such compensation as shall be prescribed by law, and discharge such duties as shall be prescribed by law, or by the rules or orders of the courts by which they are severally appointed. (Amendment adopted November 8, 1904.) Article VI, Section 23. Sec. 23. No one shall be eligible to the office of a justice of the supreme court, or of a district court of appeal, or of a judge of a superior court, D4. SUPPLEMENT TO unless he shall have been admitted to practice be- fore the supreme court of the state. (Amend- ment adopted November 8, 1904.) - Article VI, Section 24. Sec. 24. No judge of the supreme court nor of a district court of appeal, nor of a superior court, shall draw or receive any monthly salary unless he shall make and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and un- decided, that has been submitted for decision for a period of ninety days. In the determination of causes al] decisions of the supreme court and of the district courts of appeal shall be given in writ- ing, and the grounds of the decision shall be stated. When the justices of a district court of appeal are unable to concur in a judgment, they shall give their several opinions in writing and cause copies thereof to be forwarded to the su- preme court. (Amendment adopted November 8, 1904.) Article VI, Section 25. Sec. 25. The present supreme court commis- sion shall be abolished at the expiration of its present term of office, and no supreme court com- - mission shall be created or provided for after January Ist, A. D. 1905. (Amendment adopted November 8, 1904.) TREADWELL’S CONSTITUTION OF CALIFORNIA. 25 Article IX, Section 4. Money raised for the support of the common schools does not become a part of the school fund of the . county until it has been apportioned to the several counties by the superintendent of public instruction. (McCord vy. Slavin, 143 Cal. 325.) Article TX, Section 6. Sec. 6. The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools, and technical schools as may be established by the legislature, or by municipal or district authority. The entire revenue derived from the state school fund and from the general state school tax shall be applied exclusively to the support of primary and grammar schools; but the legislature may authorize and cause to be levied a special state school tax for the support of high schools and technical schools, or either of such schools, in- cluded in the public school system, and all revenue derived from such special tax shall be applied exclusively to the support of the schools for which such special tax shall be levied. (Amendment adopted November 4, 1902.) All school funds must be applied exclusively to primary and grammar schools. (Stockton School Dis- trict v. Wright, 134 Cal. 64, 66 Pac. 34.) The provision that the moneys derived from the sale of uncovered lands should be ‘‘paid into the school fund of tlfe county where the land lies’’ was not an ‘‘appropriation’’ of these moneys. Meee Vv. Slavin, 143 Cal. 325.) While high schools are part of the public school system, it was intended to make them entirely dis- tinct from primary and grammar schools. (Brown v. City of Visalia, 141 Cal, 372.) ; 26 SUPPLEMENT TO The term ‘‘public schools’? in section 798 of the Municipal Corporation Act does not embrace high schools, (Brown v. City of Visalia, 141 Cal. 372.) Article IX, Section 12. Sec. 12. All property now or hereafter belong- ing to the “California Academy of Sciences,” an institution for the advancement of science and maintenance of a free museum, and chiefly en- dowed by the late James Lick, and incorporated under the laws of the State of California, January sixteenth, eighteen hundred and seventy-one, hav- ing its buildings located in the city and county of San Francisco, shall be exempt from taxation. The trustees of said institution must annually re- port their proceedings and financial accounts to the governor. The legislature may modify, sus- pend, and revive at will the exemption from taxa- tion herein given. (New section added by amendment approved November 8, 1904.) Article XI, Section 3. The question of the liability of the new and old counties is purely legislative. (Riverside Co. y. San Bernardino Co., 134 Cal. 517, 66 Pac. 788.) Article XI, Section 5. The legislature cannot delegate the power given it by this section. (People v. Wheeler, 136 Cal. 652, 69 Pac. 435.) The provision of section 1770 of the Political Code as to the compensation of members.of county boards of education is valid. (Thom v. Los Angeles, 136 Cal, 375, 69 Pac. 18.) The legislature can only classify counties for the purpose of fixing salaries of county officers. Official reporters of the superior courts are not such officers. (Pratt v. Browne, 135 Cal. 649, 67 Pac. 1082.) TREADWELL’S CONSTITUTION OF CALIFORNIA. 27 This section only authorizes the legislature to clas- sify counties for the purpose of regulating the com- pensation of county officers, and it does not author- ize the classification of townships for the purpose of regulating compensation. But the legislature may classify townships for the purpose of determining the number of township officers. (Sanchez v. Fordyce, 141 Cal. 427.) Section 3678 of the Political Code, authorizing the board of supervisors to provide for additional cleri- cal force to enable the recorder to assist the assessor in the performance of his duties, violates this section. (Agard v. Shaffer, 141 Cal. 725.) Article XI, Section 6. The control of the almshouse of San Francisco is a municipal affair. (Weaver v. Reddy, 135 Cal. 430, 67 Pac. 683.) Municipal charters supersede the general laws upon municipal affairs. (People v. Williamson, 135 Cal. 415, 67 Pac. 504.) The functions of the board of health created by the charter of the city and county of San Francisco are municipal affairs. (People y. Williamson, 135 Cal. 415, 67 Pac. 504.) A municipal corporation organized under a special charter prior to the adoption of the constitution of 1879 continues to exist under such act until it elects to organize under the general laws, or to obtain a free- holders’ charter. (Ex parte Helm, 143 Cal. 553.) Municipal corporations organized under special charters are not subject to general laws on ‘‘munici- pal affairs.’’ (Ex parte Helm, 143 Cal. 553; Ex parte Lemon, 143 Cal. 558.) The provision of section 3366 of the Political Code forbidding the imposition of a license tax for the pur- pose of revenue, deals with a municipal affair. (Ex parte Helm, 143 Cal. 553; Ex parte Lemon, 143 Cal. 558.) The matter of the registration of voters for a munic- ipal election is a municipal affair. (People v. Wors- wick, 142 Cal. 71.) The power to determine boundaries of a proposed town cannot be exercised by the legislature, but must 28 SUPPLEMENT TO be exercised by subordinate bodies. (Vernon v. Su- pervisors, 142 Cal. 513.) A provision in a city charter conferring upon it power to impose license taxes for the purpose of revenue relates to a ‘‘municipal affair’? and is su- perior to the general law forbidding such taxes. (Ex parte Braun, 141 Cal. 204.) The school system is a matter of general concern and not a municipal affair. (Hancock v. Board of Education, 140 Cal. 554.) Banaz v. Smith, 133 Cal. 102, approved. (German Sav. ete. Soc. v. Ramish, 138 Cal. 120.) The payment of fees of jurors in criminal actions is a state affair. (Jackson v. Baehr, 138 Cal. 266.) Article XI, Section 8. Sec. 8. Any city containing a population of more than three thousand five hundred in- habitants may frame a charter for its own gov- ernment, consistent with and subject to the constitution and laws of this state, by causing a board of fifteen freeholders, who shall have been for at least five years qualified electors thereof, to be elected by the qualified voters of said city at any general or special election, whose duty it shall be, within ninety days after such election, to prepare and propose a charter for such city, which shall be signed in duplicate by the members of such board, or a majority of them, and returned, one copy to the mayor there- of, or other chief executive officer of such city, and the other to the recorder of the county. Such proposed charter shall then be published in two daily newspapers of general circulation in such city, for at least twenty days, and the first pub- TREADWELL’S CONSTITUTION OF CALIFORNIA. 29 lication shall be made within twenty days after the completion of the charter; provided, that in cities containing a population of not more than ten thousand inhabitants, such proposed charter shall be published in one such daily newspaper ; and within not less than thirty days after such publication it shall be submitted to the qualified electors of said city at a general or special elec- tion, and if a majority of such qualified electors voting thereon shall ratify the same, it shall thereafter be submitted to the legislature for ils approval or rejection as a whole, without power of alteration or amendment. Such approval may be made by concurrent resolution, and if ap- proved by a majority vote of the members elected to each house, it shall become the charter of such city, or, if such city be consolidated with a county, then of such city and county, and shall become the organic law thereof, and supersede any existing charter and all amendments there- of, and all laws inconsistent with such charter. A copy of such charter, certified by the mayor, or chief executive officer, and authenticated by the seal of such city, setting forth the submission of such charter to the electors, and its ratifica- tion by them, shall after the approval of such charter by the legislature, be made in duplicate, and deposited, one in the office of the secretary of state, and the other, after being recorded in said recorder’s office, shall be deposited in the 30 SUPPLEMENT TO archives of the city, and thereafter all courts shall take judicial notice of said charter. The charter, so ratified, may be amended at intervals of not less than two years by proposals therefor, submitted by the legislative authority of the city to the qualified electors thereof at a general or special election, held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circulation in such city, and ratified by a majority of the electors voting thereon, and approved by the legislature as herein provided for the approval of the charter. Whenever fifteen per cent of the qualified voters of the city shall petition the legislative authority thereof to submit any pro- posed amendment or amendments to said charter to the qualified voters thereof for approval, the legislative authority thereof must submit the same. In submitting any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately with- out prejudice to others. (Amendment adopted November 4, 1902.) } Where a newly adopted charter expressly provided for a preliminary election under it on a date prior to the date at which the charter is to take effect, the charter is to be construed as consistent with itself, and the general provision as to its taking effect, merely means that the machinery of the new govern- ment shal! not start until the later date and does not conflict witb the provision for a preliminary election. (Trafton v. Quinn, 143 Cal. 469.) TREADWELL’S CONSTITUTION OF CALIFORNIA. 31 A reference in a special charter of a city to a par- ticular title of the Political Code for its powers and provisions has the effect to make the appropriate title a part of the charter of the city. (Ex parte Lemon, 143 Cal. 558.) A municipal charter must receive a majority of all the votes cast at the election, and not merely a ma- jority of the notes cast thereupon. (Santa Rosa v. Bower, 142 Cal. 299.) Article XI, Section 814. Under this provision it is competent for the charter of a city and county to provide that the salary of the assessor shall be in full compensation for his ser- vices, although the general law allowed -him extra compensation for collecting poll taxes. (Matter of Dodge, 135 Cal. 512, 67 Pac. 973.) As to the meaning of the word ‘‘deputies’’ as used in this section, see Garnett v. Brooks, 136 Cal. 585, 69 Pac. 298. Article XI, Section 9. Under the provisions of the County Government Act providing that the salaries provided for therein shall be in full compensation for all services rendered by the officers, the clerk of the board of supervisors is not entitled to receive any extra compensation for extra work done by him in preparing data for a claim of the county against the state, whether rendered in the line of his official duty or otherwise. (Humboldt v. Stern, 136 Cal. 63, 68 Pac. 324.) This section only applies to a ‘‘county, city, town, or municipal officer,’’ for whose term of office the constitution makes no provision, and does not apply to superior judges. (People v. Campbell, 138 Cal. EAS) Where the term is fixed by the Constitution, the legislature has no power to extend or diminish it, (People v. Campbell, 138 Cal. 11.) Article XI, Section 11. An ordinance making it unlawful to exhibit in any barred or barricaded house or room or in any place built or protected in a manner to make it difficult of 32 SUPPLEMENT TO access to police officers, when three or more persons are present, any cards, etc., is valid. (Matter of Ah Cheung, 136 Cal. 678, 69 Pac. 492.) In determining whether or not an ordinance regu- lating a lawful business is reasonable the court may consider matters dehors the ordinance, but not the motives of the supervisors. (In re Smith, 143 Cal. 368.) A county ordinance prohibiting the maintenance of gasworks in a sparsely settled rural district, and which has the effect to stop the operation of the gasworks of the petitioner, in the immediate vicinity of which there are no dwelling-houses, is unreasonable. (In re Smith, 143 Cal. 368.) An ordinance of the city and county of San Fran- cisco prohibiting interments of dead bodies within the city limits is valid. (Odd Fellows’ Cem. Assn. v. San Francisco, 140 Cal. 226.) An act providing that any person excluded from a place of amusement may recover his actual damages and a penalty, is valid as a police regulation. (Greenberg v. Western Turf Assn., 140 Cal. 357.) An ordinance making it unlawful to maintain gas- works within certain defined limits is valid. (Dob- bins v. Los Angeles, 139 Cal. 179; In re Daly, 139 Cal. 216.) A city has no power to impose a license tax upon the right to practice law. (Sonora v. Curtin, 137 Cal. 583.) Article XI, Section 12. An ordinance imposing a license tax and distin- guishing between hotels where meals are cooked and served by a proprietor or the members of his family and those where meals are not so cooked and served is valid. (Ex parte Lemon, 143 Cal. 558.) License taxes for revenue are taxes within the meaning of this section. (Ex parte Jackson, 143 Cal. 564.) Article XI, Section 18. This provision does not apply to a board of trustees of a free public lilrary of a city. (Robertson v. Li- brary Trustees, 136 Cal. 403, 69 Pac. 88.) TREADWELL’S CONSTITUTION OF CALIFORNIA. 33 A judgment upon a claim against a city, although payable only out of the funds of a particular fiscal year, should be general in form and should not direct out of what funds it should be paid. (Fresno ete. Co. v. McKenzie, 135 Cal. 497, 67 Pac. 900.) A sum payable upon a contingency is not a debt within the meaning of this section, and cannot become such until the contingency happens. (Doland v. Clark, 143 Cal. 176.) A contract to continue for a series of years, and providing for payments thereunder at different times, is not in violation of this provision. (Doland v. Clark, 148 Cal. 176.) Article XI, Section 19. By this section the operation of gasworks is recog- nized as a lawful business. (In re Smith, 143 Cal. 368.) An ordinance requiring persons who desire to lay pipes in the streets to make a verified application for a permit from the superintendent of streets is in- valid and is not a regulation for ‘‘damageg and in- demnity for damages.’’ (In re Johnston, 137 Cal. 115.) Article XII, Section 3. As to who is a stockholder ‘under this section, see Abbott v. Jack, 136 Cal. 510,69 Pac. 257. The provision of this section as to the liability of directors and trustees ig self-executing. (Winchester v. Howard, 136 Cal. 432, 69 Pac. 77.) The proper remedy for the enforcement of this pro- vision against directors and trustees is by bill in equity. (Winchester v. Howard, 136 Cal. 432, 69 Pace. 77. Wass provision is not in violation of the federal constitution. (Winchester v. Howard, 186 Cal, 432, 69°Pac. 77.) An assignee of a depositor in a bank may maintain an action under this section. (Winchester v. Howard, 136 Cal. 432, 69 Pac. 77.) Depositors who became such after the misappro- priation may maintain the action. (Winchester v. Howard, 136 Cal. 432, 69 Pac. 77.) The claim of the creditor need not be reduced to judgment before an action ig brought under this pro- 34 SUPPLEMENT TO poeee (Winchester v. Howard, 136 Cal. 432, 69 Pac. cy Nor need he make a specific demand for an account- ing before bringing the action. (Winchester v. Howard, 136 Cal. 432, 69 Pac. 77.) The liability of a stockholder of a corporation for his proportionate share of its debts is created by stat- ute, and barred within three years after the cause of action accrues. (Jones v. Goldtree Bros. Co., 142 Cal. 383.) Article XII, Section 9. While this provision is mandatory and prohibitory, it is not so self-executing as to deny the power of the legislature to prescribe penalties for its violation. (People v. Stockton ete. Soc., 133 Cal. 611, 65 Pac. 1078.) Article XII, Section 14. A stockholder in a corporation has the right to in- spect the books, records and journals of the corpora- tion, and this right may be enforced by mandamus. The purpose for which the inspection is desired is immaterial. (Johnson v. Langdon, 135 Cal. 624, 67 Pac. 1050.) Article XII, Section 16. An action to recover damages for trespass upon real property may be brought in the county of the principal place of the corporation defendant. (Miller & Lux v. Kern County Land Co., 134 Cal. 586, 66 Pac. 856.) An action may be commenced against a corpora- tion in the county where the contract was made, or where it was to be performed. (Bank of Yolo v. Sperry Flour Co., 141 Cal. 314.) Article XIII, Section 1. The property of a reclamation district is - publie property exempt from taxation. (Reclamation Dist. No. 551 v. Sacramento, 134 Cal. 477, 66 Pac. 668.) A balance of a money account on general deposit in a bank outside of the state, held by a corporation hav- ing its principal place of business in this state, is taxable in this state as a solvent credit. (Pacific o~ TREADWELL’S CONSTITUTION OF CALIFORNIA. 35 ies. Sav. Soc. vy. San Francisco, 133 Cal. 14, 65 Pace. A law requiring insane persons in state institutions to be supported out of their own estates is valid. (Estate of Yturburru, 134 Cal. 567, 66 Pac. 729.) A franchise merely. to be a corporation is property, which is assessable to the corporation. (Bank of Cal- ifornia v. San Francisco, 142 Cal. 276.) As to the proper method of arriving at the value of a franchise to be a corporation for the purpose of taxation, see Bank of California v. San Francisco, 142 Cal. 276. Checks drawn upon the treasurer of the United States, payable on demand, as a mode of paying an obligation of the United States, are taxable as solvent credits. (Hibernia etc. Soc. v. San Francisco, 139 Cal. 205.) The provisions of the Political Code in regard to road taxes are not in violation of this section because cities and towns are exempted from their operation, since this does not exempt cities and towns from the tax, but compels cities and towns to maintain their own streets under the street improvement act. (Miller vy. County of Kern, 137 Cal. 516.) Alfalfa is not included in the exemption of ‘‘ grow- ing crops.’’ (Miller v. County of Kern, 137 Cal. 516.) Article XIII, Section 1%. Sec. 13. All bonds hereafter feted by the State of California, or by any county, city and county, municipal corporation, or district (in- eluding school, reclamation, and irrigation dis- tricts) within said state, shall be free and exempt from taxation, (Amendment adopted November 4, 1902.). Article XIII, Section 2. The constitution leaves it to the legislature to de- fine ‘‘improvements,’’ and alfalfa, not being included in the legislative definition, must be taxed as realty 36 SUPPLEMENT TO and not as improvements. (Miller v. County of Kern, 137 Cal. 516.) Article XIII, Section 3. Where the mortgagor pays the interest on the mort- gage he cannot recover it back on the ground that the mortgage provides that the mortgagor shail pay the interest on the mortgage. (Matthews v. Ormerd, 140 Cal. 578.) Article XIII, Section 4. A first mortgagee, having foreclosed his mortgage against a second mortgagee, cannot maintain an ac- tion against the latter to recover money paid by him to redeem the property from taxes assessed upon the second mortgage. (Canadian ete, Co. v. Boas, 136 Cal. 419, 69 Pae. 18.) Article XIII, Section 10. This provision hag reference to the permanent situs of the property, as distinguished from the place of temporary sojourn, or transit. (Rosasco y. Tu- olumne, 143 Cal. 430.) The ‘provisions of this section do not apply to. “‘street’’ railroads, though operating in more than one county. (San Francisco etc. Ry. Co. v. Scott, 142 Cal, 222.) Water ditches for irrigating purposes must be as- sessed the same as real estate in the county in which they are situated. (Kern Valley Land Co. v. County of Kern, 137 Cal. 511.) . A county has no authority to collect taxes upon a. railroad operated in more than one county, which are due to a school district. (San Bernardino vy. Southern Pac, R. R. Co., 137 Cal. 659.) Articule XIII, Section 10%. Sec. 104. The personal property of every householder to the amount of one hundred dollars, the articles to be selected by each householder, shall be exempt from taxation. (New section TREADWELL’S CONSTITUTION OF CALIFORNIA. 37 added by amendment approved November 8, - 1904.) Article XIII, Section 12. Under this provision the legislature may define the words ‘‘improvements’’ and ‘‘property.’’ (Miller v. County of Kern, 137 Cal. 516.) _ Article XIV, Section 1, Where the owners of water unite in some joint method of distributing the water among them, such as the formation of a corporation, this does not make the water a public use. (Hildreth vy. Montecito C. W. Co., 139 Cal. 22.) Where the execution of an ordinance fixing water rates has been enjoined, the city may, pending such injunction, enter into an agreement with the water company fixing a price to be paid by the city for water furnished. (Contra Costa W. Co. v. Breed, 139 Cal. 432.) The words ‘‘otherwise than as so _ established,’’ mean in violation of or contrary to the established rates. (Contra Costa W. Co. v. Breed, 139 Cal. 432.) As to the effect of an injunction forbidding the exe- eution of an ordinance establishing water rates, gee Contra Costa W. Co. v. Breed, 139 Cal, 432. Article XVII, Section 1. As to what constitutes a homestead, see Estate of Gallagher, 134 Cal. 96, 66 Pac. 70. Article XX, Section 4. The provision of the act regulating the practice of medicine and surgery, that the board of examiners shall be appointed by certain medical societies is author- ized by this section. (Ex parte Gerino, 143 Cal. 412.) Under this section officers may be appointed by the legislature itself, or the duty of appointment may be delegated and imposed upon some other person or body. (Ex parte Gerino, 143 Cal, 412.) 88 - SUPPLEMENT TO Article XX, Section 9. A trust for the perpetual care of a burial plat is in violation of this provision. (Hstate of Gay, 138 Cal. 552.) Article XX, Section 10. Where the term of an officer is not fixed by law, he may be removed by the appointing power; and a statute providing that he can only be removed for cause, after a hearing, is invalid. (Sponogle vy. Cur- now, 136 Cal. 580, 69 Pac. 255.) Article XX, Section 15, . The provision of this section respecting mechanics’ liens is subordinate to the Declaration of Rights. (Stimson M. Co. v. Braun, 136 Cal. 122, 68 Pac. 481.) The provision of section 1203 of the Code of Civil Procedure requiring contractors for the erection of buildings to secure their contracts by bonds is not authorized by this section. (Shaughnessy v, American Surety Co., 138 Cal. 543.) This section only provides for a lien where the ma- terials have actually been used upon the property upon which the lien is claimed. (Bennett v. Beadly, 142 Cal. 239.) Article XX, Section 16. A hospital physician of the county is not a public officer. (People v. Wheeler, 136 Cal. 652, 69 Pace. 435. we section only applies to officers whose term is ‘‘not provided for in the constitution’’ and does not apply to superior judges. (People v. Campbell, 138 abate) Article XX, Section 17. Sec. 1%. The time of service of all laborers or workmen or mechanics employed upon any public works of the state of California, or of any county, city and county, city, town, district, TREADWELL’S CONSTITUTION OF CALIFORNIA. 39 township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public work and prescribe proper penalties for the speedy and efficient enforcement of said law. (Amendment adopted November 4, 1902.) 40 SUPPLEMENT TO STATUTES DECLARED UNCONSTITUTIONAL IN WHOLE OR IN PART. Statutes, Page. Chapter. Case. 1873-4 320 453 Weber v. Santa Clara, 59 Cal. 265. 1880 119 109 Bixler’s Appeal, 59 Cal. 550; Bix- ler v. Sacramento, 59 Cal. 689. (Decision of Superior Court.) 1880 131 118 Krause v. Durbrow, 127 Cal. 681, 60 Pac, 438. 1889 3 5 Schaezlein v. Cabaniss, 135 Cal. 466, 67 Pac, 755. 1891 450 231 Patty v. Colgan, 97 Cal. 251. 1891 513 279 Bourn v. Hart, 93 Cal. 321. 1893 12 16 Bradley v. Clark, 133 Cal, 196, 65 Pac. 395. 1893 229 188 Provident ete. Assn. v. Davis, 143 Cal. 253. 1893 346 234 Knight v. Martin, 128 Cal. 245. 1895 348 223 Sane v. Supervisors, 114 Cal. 1895 267 207 Reid v. Groezinger, 115 Cal, 551, 1897 17 83 Estate of Mahoney, 133 Cal. 180, 65 Pac, 389. Overruled in Es- tate of Johnson, 139 Cal. 532. 1897 311 227 Matter of Lambert, 134 Cal. 626, 66 Pac. 851, 1897 452 277 Van Harlingen v. Doyle, 134 Cal. 53, 66 Pac. 44; Ex parte An- derson, 134 Cal. 69, 66 Pace. 194; Pratt v. Browne, 135 Cal. 649, 67 Pac. 1082. TREADWELL’S CONSTITUTION OF CALIFORNIA, 41 CALIFORNIA CITATIONS TO CONSTITUTION OF 1879, [Citations are to California Reports, Vols, 133 to 143.} I-1 133 354 133 377 136 125 I-7 139 589 I-9 139 121 I-11 134 55 136 528 137 481 138 381 140 487 143 414 I-13 133 351 136 125 I-14 135 105 137 579 137 621 J-15 134 661 T-21 34 55 1387 181 143 1414 143 «573 TI-1 236 «6451 IIT-1 140 x IV-1 139 28 IV-21 136 445 IV-24 oat, TO 134 478 135 652 139 463 140 487 141 334 142 13 143 258 143 627 IV-25 135 518 137 518 138 381 140 480 142 195 143 414 IV-31 138 273 143 331 IV-32 138 275 VI-1 140 12 143 246 VI-4 138 429 142 628 VI-5 133 59 134 588 138 70 138 154 140 133 VI-6 133 455 135 653 138 15 139 477 VI-7 133 455 VI-11 133 76 143 246 VI-17 138 37 VI-19 133 398 IX-4 143 331 TX-5 134 65 141 376 IX-6 134 65 141 375 XI-1 134 70 XI-3 134 522 XI-4 134 70 XI-5 134 70 135 650 136 376 136 655 141 429 141 726 XI-6 133 104 135 519 138 131 138 152 141 207 142 515 143 553 143 567 XI-8 133 104 134 52 138 131 141 207 142 300 143 556 42 143 560 143 569 XI-81% 135 514 136 586 XI-9 136 8665 138 16 XI-11 134 70 134 111 134 145 139 183 140 230 143 371 XI-12 134 148 143 567 XT-13 133 103 XI-17 136 445 SUPPLEMENT XI-18 XII-20 135 500 1838 26 136 405 143 179 XII-22 133 26 roe 142 225 137 118 sites 142 © MRT INE) cdeoe 143 371 E XTIL-1 XIT-3 134 478 136 437. 137. 518 142 384 139 210 142 295 aa 142 284 133 612 xe 137 528 XIL-11 135 585 XIII-4 134 86 aS XIII-10 135 584 437 515 135 625 137 660 142 293 XII-16 143 432 134 587 136 439 XTIT-12 141 315 135 517 XIII-12% 137 524 XITI-13 137 525 XIV4. 142 287 139 434 XX-3 133 200 XX-9 138 553 XX-13 143 549 XX-15 136 125 138 545 142 242 XX-16 136 581 136 654 138 2 oao ts ee ollie he . ‘ P a => - z aw ag 2 t a s a wae : ~ 7 ’ : 7. eo > ee ee eas xy ‘ is 7 se 7 PD wert - 4 =e 1 7s s+ 2 nh Ate ee Ce ee « ete ee ie , y = + GFE ; Seth 345 x 4 At AS ~ ss Reha ; . - BEE O 2s Kit Site HEpoe ty . heya i- vot peste ie Siok . = ) ~ zs 2 em a f vet" eens s 2% eh ope - ae Ei ee rl ee - Bf ee he % ~ -/) Hee oe 3% Ry bh . Cae. aA “o ~s oS oe ROU DER ae BC OLrIae: or. Pie me a * ~ i : Rel cong nud Pele x ; gigs Ossie sin? ee: sreoeate & dS ¥ “bes He) OS RENATO 4 oe ~ vs ( + e ; i ea mf tage’ * ets $ Riv" taht , “ , RS mG: iam Ea os Rs wo ee ee we ee Dee Bete . ~ a “ 2 - ; l os 2 +\ , ys , Yr? ere 3 yi 4 “ tT R * ¥ 2 ¢'» ray eet a 7 “a : * igi 2 ‘ad . = « ax , — -e 4 ge “ a4) T< - sfier se wee @ Se y 2s * ae * , ais * t g ts < pS> 3 2-ohT 4 Py fel 7 ae Pa ay Sm a. 0 ws LIke rhPE AS Pei or 7 = % i = eee . oy Cm } - a ; ‘ d Rewts eet pe ele we Henke. shi AOI TEE rs ; / ® . wy! Nedey ryt ~ “ * * aie) - 2 ; - ~ f ‘ * iz : j 4 . a ~~ + ay « e* ~*~ INTRODUCTION. ee PREFATORY NOTE.—It¢ is unnecessary to make any extended explanation in laying before the Bar of California a work upon the constitution of California. The edition published by Mr. Robert Desty in 1879 was excellent in its time, but has long ceased to be of practical aid ‘to the profession. In preparing this volume, the aim has been to present in the most convenient form the decisions of our own courts, only referring to the decisions of other courts on subjects which our own have left untouched. While the main subject is the present constitution of this state, the book-also contains the former constitution, the constitution of the United States, and the treaty _of Guadalupe Hidalgo. New features.—Some new and important feat- ures are the following: (1) A table showing all statutes of this state which have been declared un- constitutional in whole or in part. ‘There are over one hundred and thirty such statutes scat- tered through the statute books, and this is the (v) vita INTRODUCTION. first time any table of them has been made. (2) A table of all California citations to either of the California constitutions. This will permit a hasty examination of all decisions citing any particular section of the constitution. (3) A ta- ble of parallel sections in the constitutions of 1849 and 1879, which will also prove a useful feature. Annotations.—As to the form of the annota- tions, the aim has been to present in the most condensed form the principles of the decisions, rather than any statement of the facts of the cases. In other words, we have attempted something more than a mere digest, or a hotchpotch of the syllabv of the decisions. HISTORY OF THE CONSTITUTION .—Califor- nia was admitted into the Union of states Sep- tember 9,1850. The first constitution was adopt- ed in convention October 10, 1849, ratified by the people November 13, 1849, proclaimed December 20, 1849. This constitution was amended in 1857 and 1871, and the article on the judicial de- partment was revised in 1862. The present constitution was adopted in con- vention March 3, 1879, ratified by the people May 7, 1879, and went into effect July 4, 1879, so far as it related to election of officers, ete., and Janu- ary 1, 1880, for all other purposes. Various amend- ments have been made to it from time to time, but no radical revision of it has been effected. INTRODUCTION, vii . CONSTITUTIONAL CONSTRUCTION. — The constitution of this state, unlike the federal con- stitution, is not to be considered as a grant of power, but rather as a limitation upon the pow- ers of the legislature. (People v. Coleman, 4 Cal. 46; People v. Jewett, 6 Cal. 291; People v. Rogers, 13 Cal. 159; People v. Twelfth District Court, 17 Cal. 547; Bourland v. Hildreth, 26 Cal. 161; Ex parte McCarthy, 29 Cal. 395.) It is, however, to be considered as a grant of power to the other branches of the government. (People v. Jewett, 6 Cal. 291.) Words and phrases.—Where a word, having a technical, as well as a popular, meaning, is used in the constitution, the courts will accord to it its popular meaning, unless the nature of the subject indicates, or the context suggests, that it is used in its technical sense. (Weill v. Ken- field, 54 Cal. 111; Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Oakland Pav. Co. v. ‘T'omp- kins, 72 Cal. 5, 12 Pac. 801; Miller v. Dunn, 72 Cal. 462, 14 Pac. 27%; People v. Eddy, 43 Cal. 331.) Prospective construction.—Provisions of the constitution are to be considered prospective and not retrospective unless a contrary intention clear- ly appears. (Gurnee y. Superior Court, 58 Cal. 88.) U. OF SL, UA. viii INTRODUCTION. Reasonable construction.— A construction should be adopted which tends to certainty, se- curity, and substantial justice, in preference to that which involves uncertainty, insecurity, and inevitable injustice. (San Gabriel Co. v. Wit- mer Co., 96 Cal. 623, 29 Pac. 500, 31 Pac. 588.) But where a provision is plain and unambigu- ous, it cannot be changed by the courts to avoid what may seem to be an absurdity or injustice. (Moran v. Ross, 79 Cal. 549, 21 Pac. 958.) All the provisions of the constitution must be read together, and effect given to all of them. They must receive a practical common-sense con- struction, and be considered with reference to the prior state of the law, and the mischief intended to be remedied. (People v. Stephens, 62 Cal. 209; French v. Teschemaker, 24 Cal. 518.) MEANS OF CONSTRUCTION—Debates of the convention.—The debates of the constitutional convention may be referred to for the purpose of construing the provisions of the constitution. | (People v. Chapman, 61 Cal. 262; People v. Ste- phens, 62 Cal. 209; Isola v. Webber, 13 Mise. Rep. 100; Higgins v. Prater, 91 Ky. 6; State v. Doron, 5 Nev. 399.) Judicial decisions.—Where a provision of the former constitution, which has received a judi- cial construction, is copied into the new consti- tution, it will be presumed that it was adopted in INTRODUCTION. ix view of that construction. (Sharon v. Sharon, 67 Cal. 185, 7 Pac. 456, 8 Pac. 709; Thomason v. _ Ruggles, 69 Cal. 465, 11 Pac. 20; Lord vy. Dun- ster, 79 Cal. 477, 21 Pac. 865; People v. Free- man, 80 Cal. 233, 22 Pac. 173; People v. O’Brien, 96 Cal. 171, 31 Pac. 45; Morton v. Broderick, 118 Cal. 474, 50 Pac. 644; Ex parte Ahern, 103 Cal. 412, 37 Pac. 390; People v. Edwards, 93 ‘Cal. 153, 28 Pac. 831; Palache v. Hunt, 64 Cal. 473, 2 Pac. 245.) ' The mere fact that a change is made in the phraseology of such provision by subsequent re- vision will not be deemed a change in the law, unless such phraseology evidently purports an in- tention to make a change. (Hyatt v., Allen, 54 Cal. 353.) The same rule applies to provisions of the con- stitution borrowed from the constitutions of other states, and where such provisions have received judicial construction in such states, they are to be deemed to have been adopted in view of such construction. (People y. Coleman, 4 Cal. 46; People v. Webb, 38 Cal. 467; Ex parte Liddell, 93 Cal. 633, 29 Pac. 251.) The exposition of the constitution by the high- est court in existence under it, with regard to laws passed while it was in force, should be ac- cepted by all succeeding courts, without regard to their own views as to the correctness of the doctrine. (Staude v. Election Commrs., 61 Cal. x INTRODUCTION. 313; Emery v. Reed, 65 Cal. 351, 4 Pac. 200; Davis v. Superior Court, 63 Cal. 581. See, also, Ferris v. Coover, 11 Cal. 175.) Legislative construction .—Legislative construc- tion of a constitutional provision is a method of interpretation. (Moran v. Ross, 79 Cal. 159, 21 Pac. 547; San Luis Obispo Co. v. Darke, 76 Cal. 92, 18 Pac. 118; Lord v. Dunster, 79 Cal. 477, 21 Pac. 865; Washington v. Page, 4 Cal. 388.) But this does not mean that the hasty and in- considerate legislation of three winters -shall be conclusive of the constitutionality of such legis- lation. (People v. Wells, 2 Cal. 198, 208.) POWER TO DECLARE STATUTES UNCONSTI- TUTIONAL.—A government with no limits but its own discretion is not a constitutional govern- ment, in the true sense of the term. (Billings Paola eal) The constitution is a law, and must be con- strued by some one, and the judiciary possesses the power to construe it in all cases not expressly, or by necessary implication, reserved to the other departments. (Nougues v. Douglass, 7 Cal. 65; McCauley v. Brooks, 16 Cal. 11.) But where the right to determine the extent and effect of a restriction in the constitution is ex- pressly or by necessary implication confided to the legislature, the judiciary has no right to in- INTRODUCTION, xi terfere with the legislative construction. (Nougues v. Douglass, 7 Cal. 65.) In declaring a statute unconstitutional, the court cannot interfere with the exercise of the political power of the legislature. (Nougues v. Douglass, 7 Cal. 65.) The courts can declare a statute unconstitutional only when the question arises as a pure matter _ of law unmixed with matters of fact. (Stevenson v. Colgan, 91 Cal. 649, 27 Pac. 1089.) Therefore, the constitutionality of a statute can be determined only from the facts appearing upon the face of the law, taken in connection with mat- ters of which the court can take judicial notice. (Bourn v. Hart, 93 Cal. 321, 28 Pac. 951; Ste- venson v. Colgan, 91 Cal. 649, 27 Pac. 1089; Con- lin v. Supervisors, 99 Cal. 17, 33 Pac. 753; Fow- ler v. Peirce, 2 Cal. 165.) But, while the courts may declare statutes un- constitutional, they have no power to avoid the ef- fects of nonaction on the part of the legislature. (Myers v. English, 9 Cal. 341.) Presumption of constitutionality.—An act of the legislature is presumed to be constitutional. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pace. 272; People v. Hayne, 83 Cal. 111, 23 Pac. 1.) A statute will not be declared unconstitutional, except when the conflict between it and the con- stitution is palpable and incapable of reconcilia- Xii INTRODUCTION, tion. (Stockton: ete. R. R. Co. v. Stockton, 41 Cal. 147; People v. Sassovich, 29 Cal. 480.) Where there is a reasonable doubt as to its con- stitutionality, its constitutionality should be af- firmed. (University of California v. Bernard, 57 . Cal. 612; Bourland v. Hildreth, 26 Cal. 161.) - An act is to be so construed, if possible, as to make it constitutional. (French v. Teschemaker, 24 Cal. 518.) Conflict with the constitution.—In passing upon the constitutionality of a statute, the court is not required to imagine some possible contin- gency in which its provisions might conflict with the constitution. (Woodward v. Fruitvale Sani- tary Dist., 99 Cal. 554, 34 Pac. 239.) In order to declare a statute unconstitutional, it is not necessary to find in the constitution some specific inhibition which has been disregarded, or some express command which has been disobeyed ; but if the statute is contrary to the first princi- ples of the social compact, it is void. (Britton v. Board of Election Commrs., 129 Cal. 337, 61 Pac. 1115.) _» Nor is it necessary to find some specific inhibi tion which, in precise language, refers to the par- ticular law. .(People v. Lynch, 51.Cal. 15.)° .::' But the courts cannot declare a law void upon the ground that it is contrary to the “spirit and) policy of the constitution,” unless it is at variance INTRODUCTION. xiii with some express or clearly implied provision of that instrument. (Cohen v. Wright, 22 Cal. 293; Pattison v. Yuba Co., 13 Cal. 175.) Conflict with another statute—The constitu- tionality of one act cannot be tested by the pro- visions of another. (Reed v. Omnibus R. R. Co., 33 Cal. 212.) Motives .—The motives which induce legislative action are not a subject of judicial inquiry, and a legislative act cannot be declared unconstitutional because, in the opinion of the court, it was or might have been the result of improper considera- tions. (People v. Glenn Co., 100 Cal. 419, 35 Pac. 302; People v. Bigler, 5 Cal. 23.) The motives of the authors of a statute are equally immaterial. (Stockton etc. R. R. Co. v.. Stockton, 41 Cal. 147.) Beneficial character —In determining the con- stitutionality of a statute, its beneficial character cannot be considered. (Marsh v. Supervisors, 111 Cal. 368, 43 Pac. 975.) On the other hand, in construing the constitu- | tion, the courts are bound to suppose that any in- conveniences involved in the application of its pro- visions were considered in its formation, and ac- cepted as less intolerable than those avoided, or | as compensated by countervailing advantages. | (People v. Pendegast, 96 Cal. 289, 31 Pac. 103.) © Constitution—jj xiv INTRODUCTION, Impracticable statute.—A statute may also be declared void if it is impracticable. Thus an act providing for the appointment of three disinter- ested freeholders in the city and county of San Francisco to form an assessment district, which might include the entire city and county, and to assess the lands of the district for certain improve- ments, is void as impracticable, since it would be impossible to select disinterested commissioners. (Montgomery Avenue Case, 54 Cal. 579.) EFFECT OF UNCONSTITUTIONALITY—Sep- arable provisions.—The mere fact that certain provisions of a statute are in conflict with the con- stitution does not necessarily render the entire act void. Where the court can see that an act, after eliminating all unconstitutional features, is still such an act as it may be presumed the legislature would have passed had it known such parts were void, the remainder may stand. (Dwyer v. Park- er, 115 Cal. 544, 47 Pac. 372.) If the different parts are severable and inde- pendent of each other, and the constitutional pro- visions are capable of being carried into effect after the unconstitutional part has been eliminated, and it is clear that it was the intent of the legislature to enact these provisions irrespective of the other, the unconstitutional provisions will be disregarded, and the statute read as if such provisions were not there. (Hale v. McGettigan, 114 Cal. 112, 45 INTRODUCTION. XV Pac. 1049; Lathrop v. Mills, 19 Cal. 513; French v. Teschemaker, 24 Cal. 518; Mills v. Sargent, 36 Cal. 379; Christy v. Supervisors, 39 Cal. 3; Mc- Cabe v. Jefferds, 122 Cal. 302, 54 Pac. 897; Rood v. McCargar, 49 Cal. 117; Johnson v. Tautphaus, 127 Cal. 605, 60 Pac. 172; People v. Whyler, 41 Cal. 351; McGowan v. McDonald, 111 Cal. 57, 43 Pac. 418; Cahen v. Wells, 132 Cal. 447.) Inseparable provisions.—Where the constitu- tional and unconstitutional provisions of a statute are so inseparably blended together as to make it clear that either clause would not have been en- acted without the other, the whole act is void. . (San Francisco v..Spring Valley W. W., 48 Cal. 493; Reed v. Omnibus R. R. Co., 33 Cal. 212; Orange Co. v. Harris, 97% Cal. 600, 32 Pac. 594; Wills v. Austin, 53 Cal. 152; Purdy v. Sinton, 56 Cal. 183; People v. Perry, 79 Cal. 105, 21 Pace. 423; Marsh v. Supervisors, 111 Cal. 368, 43 Pace. 975; Lathrop vy. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105.) Contracts and other statutes—No repeal by im- plication can result from a provision in a subse- quent statute, when that provision is itself devoid of constitutional force. (McAllister v. Hamlin, 83 Cal. 361, 23 Pac. 357.) A contract entered into in view of an act later held unconstitutional is not made under a mis- xvi INTRODUCTION. take of law. (Cooley v. Calaveras Co., 121 Cal. 482, 53 Pac. 1075.) But a contract entered into by a public board or officer by sole authority of an unconstitutional statute is void, and not subject to ratification. (Phelan v. San Francisco, 6 Cal. 531.) The legislature may refer to an unconstitutional act to indicate its will in respect to a constitu- tional purpose. (People v. Bircham, 12 Cal. 50.) TABLE OF CASES CITED. A Ee 93, 94, 102, 104, 248, 341 EIR MEEME ESPMOOL IY ©. i'2?','.*. "o's 'a'g's'n a's ect bis ct cables alee 5 INI EMUEMPURTT Sloe ee ss Ce isle eb Ge hes ode see dite 147 SRI WE T58 IDIOT 12 ed et. Se EE 14, 297, 3 CM OR TIGR Dt eg Peco ea or ob eliss 25's 85, 86 SOS Ce eee Aree ee ree 72, 341 ISP MOTLEO 25 5 og Sats Celt Hea ee vee Joes ok ix, 185 PRETO RUS DIAILC..", 0's ‘no's 'e's'c'e'e'e'e's cee ee to, Stl, BAZ SUES OS Cy CO Ae a A 255 SP EUED OBER TNS 2 Ft os ah cinta! telat aveTa c's wattle s 222, 245, 247 Albion River R. R. Co. v. Hesser...............2.. 38 ON ORE Pe EN 6 | 2 42 CESAR ts tisk s ok kD of. SR CIN . AEDS 42 ES Ee eres eee ee ee ere 162 Allison Ranch ete. Co. v. Nevada Co............ 316 URURMEE ER MOOACOMIFS 22.6205 b 4s bos es COI Y. OISAD managoe Go..V. Kennedys 665 cece Voce e ei wees 104, 251 emroreeie ew. TSVIMNCS. 255055552088 ELS. Pe 42 peonermoney: “Pe Urioste:.: s.6cics252 00 tet. le3 223 ee ete ME NOTCG 25 go c-6-5 cs vata SPAN a 6 Perr NUNS ATT gs Stes c ess i eee ees ote JL 4, 6, 16 EROS Soles So hs Sls Secs els b o'p fo wie se 9 ree ma reieg GLC. 1. HH. COs. i ot ee a ee ee 222 eretieewrsan “EP rancisco....'. 2666620 et . 262, 332 EMER AUR STATO Der ceic of ss pn a cle be cs Ss eS bere 176 nen WAVE SESPURPIR SG = 5 hs 3 ks 3 ie a te eg 5 aw he Lathe 156 meriteewo- NOW @TICANS: ti... 52505 05 oe a TO 99 Arroyo Ditch ete. Co. v. Superior Court......... 164 PRM E TALLINE: 36224. ssi. os oe bw e's bet deme 178 Attorney General, Ex parte................. 146, 153 SE RESIN 0S Soul, can re ae, Salata ee ee mes 162 Xviii TABLE OF CASES CITED. B Babcock vy. Middleton: ....... sc’. see eee 44 Baggett v. Dunn........ 2006s 50 50s eee 89, 91 Bailey=-%. SIOaN s,s. see's 0 es 6 sree bene 156, 157 Baird, Matter. of... ...:. 2 secs 9 01s 0:0 6) senna 77 baker -v. Portland. ...... 4% <0.» «ss 2) enn 341, 342 Baker v. Fireman’s. fund Ins. Co-v...... aaa 286 Baket ‘v} O' Riobdae a. od 4. it. . a0 § Aso He a ee oe 26 Baker vy. Southern Cal. Ry. Co..... 2 ses 5 a 149 Baldwin v. Hillis... 2.05%. 6 soe cas eee 317 Bald wa Vi = ZS oo aistel dso ops een are 113, 114 Ballentine v.. Willey. ........+. +s seni (Cate ee ante Biddle V. Oa8k®.%:. endccswiste 9s 6% « epkie oeeee 302 Bidwell v. Babcock: ........... .sscseikieeen cee 278 Biencourt v. Parker... ..qia00) stdin ivy ieee 80, 88 Bienenfeld v. Fresno ete. Co....... vt afte ois an 149 TABLE OF CASES CITED. xix MUTE ISALECTING c's so ele raeies o/s SIMO be dk baw 32 DEMME WV CIS OD ZIG s coc cccracodesteiiee ad weave 263 DOMES RISUOTO OL s cise sesesacces Lilledsls ode dade 49 MILAN As cae sew A NA Awa Wola bid dled ade x, 3; 47 eI VO ELADVOY csccee rece crccsdiedidcacdabisll 98 REE TURTLE Gn fara fata 2a) Wharatatata tafe ‘ated entata'n eon a Lest de 4, 6 mare Vs Oaklands sic ci sec cares seas Feed blest 354 MiIshop Vo Superior Gourts oa ae hss eM a. 155, 166 erm yi ee, nO. Be Ri Osc dee ca COTA. 287 ene PY ER ELELE 8 he. area wie ete vow inte steniias babes 271 Peromemerar Ve FAArtwellidscvcctae sv UU. 234, 237 NEE PES OWUINALD 0 55 5 aie crarerere eed chika bate ecclesia 141, 143 DEIPEVOOILOUPCrS ices tac eee che eee baus 189 Memeeees Vo BSUET ec cece ects ve elel 69, 118, 303 ITE PM BOC Oi SNe a8 8b 0 5 00s a veld tbe esd teas 80 UN NECCAREDY : sis scissile el Ve be sted 258 SPORE VATE WISts Wisi seas ieee. 15, 108,.112; 212, 217 Board of Directors v. Tregeassesevivcicccst ects 30 Board of Education v. Board of Trustees....... 253 Board of Hducation v. Fowle?.......6..5...60e0. 198 Board of Railroad Commrs. v. Market St. Ry. Co..292 TT EOV CPSU DCTYVISOIS oo ele twelve ee Neuse. eG 70 PICMG) VE RECGsissccciecescestaade cece cbse 164 ReemOns Fuk PATTEL Os 5 232 CEES ct ed ee 249 RIES A TRCDOT AS ET, S . wn se oo uso ocus eo cs eeie's sone 147 Peeruremew. ssalita) DATDATH. .... 0. 0 ce cece ees 27 ews IOV ROG) DANK s,s... 000 0c evinlslold sl old dba 276 Peto vin, ete, Co. Matter of.... 0 ccd. eects 93 NN POR TIRTCG <5 cbc crew iw view oe Siblidthels «th Jhbaviae 244 Seer I LLOGDerIb ide ald. oe dk oo vii, xii, 57, 60 NW oe Ge A LES ho io LLL ISTR CS Vo a (al ded dé xi, 417, 119 MMMM ER TED oi oy cscs ener nn BAD Uo ho Ab da a bles witi 163, 164 Boyd v. Southern Cal. RY. CO... ois ceeds tee evees 166 Boys’ & Girls’ Aid Society v. Reis.16, 90, 187, 199, 257 TemeLord Vesa. Wraneivéo.¢ .diesl ele at 263, 264 MCGEE) We WRLUA TROL. Sul do oF. AS Dod Ie Eni deldie ddtdeld 346 IM UES OU Ge oct RSS ks do Rie Rig dhe Ale what. Fea we 156 SPIE GS RNIIO' ite aia s ecco d eave Cones Od. ch 20204 amy ov. e hammes-Mirror: CO. 6.66.6 0 Hee se Pai 286 SIU O@LTTY Wat FI OMG, ook ooo once stds la oh eas LUNE 30 SI EEEII EY PS UOLY oo wicim 0 cil wale, clave wale wee de 3, 34, 35 EIEN! LE AUHLOIGING 5.5 dies oo bie o afte biment ) 4 eel 186 Britton v. Board of Election Commrs...xii, 52, 53, 59 IEP EAT NICG Gs, iw ca 8 4 he as ce ee A. eel 166 xX TABLE OF CASES CITED. Brooks: vy. Fischer. < .....i< «alten 67, 235,286 Brooks .V.. Hyde, ..., 0, «,0:0.0)0.01 0.010.015, che Rn 14, 16 Brooks v..Melony....... s/s.» sls 4.0) ene nen 127,/188 Brown.v.; Campbell. ......+.25:+0 5+ seine on eee 172 Brown -v., Merrill... .....,.< «on,< «015 ee 215, i; 207 Brown vV. Nash... «05.0502»... 05 5 stiieee nnn 19 ¢ Brown Vv. Rice. . 24%. os 2 6s os oe + 5 piblele teen 165 Brown v. Supervisors. ..... ssi ole wut se elon eee 32 Browne. ¥. Dexter. 0... 20s «onl lle ate 0 omeehe teen oT Bow Ss OUsercce. soe ce te ae Crit eo 88 Brauch yv.. Colombets :.....024 <, tia eee 15, 110, 195 Brumagin, v.. Tillinghast.....:.::.. 23 Gee cee 300 Brummagim vy. Spencer’ ,'... +... +a eee 178 Bichety., Wmureka 7.) oo. sess + ce area oie te a 241, 264 Bulger, In re... ss ssh s> ee os 00 > 0 00 oie 346 Burbridge, v.. Lemmert.....:.... ect eee 312 Burgoyne ry. SUpenvisors........0.+.. 0m 61, 63, 145 Burke v. Badlam... 2. sida s: «af elcleeeaneee en 301 Burke, Hx partes)’. 26. test <3 dense 6, 16, 102 Burnett v. SACramMentoseses .v wee +. 805 DUO; on Burro v. .Carbondales ty... 2c. soi aioe 241 Burton,. Estate OL%6, 5.00.6, <.0,2.5 ,..5.0,<, See 160, 162 Bush-v. Linsey... . cae cece sens SeEee ee ee 161 Buswell vy. Supervisors. ....... .. «««e;eenes eee 317 Cc Cahen Ve -WeLS. . . 2. sss 0 0 setetenh setntnanennEy armen xv, 352 Cahill)“ Bx. parte... .. 0F. UR ee cae ae 20 Caldwell. v. Genter... .sve0 «ee ss Ole Lend see 183 California etc. Co..v. Mecartney..02°E. .o) see 308 California ete. Co. v. Superior Court............. 169 California. .ete,,. Co. Ve WIS... 6.6.00. scocesere te na ee 310 California Iruit ete. Co. v. Superior Court....... 368 California Southern R. R. Co. v. Kimball........ 38 California State Bank v. Webber....«.......... 312 California State Tel. Co. v. Alta Tel. Co..... 51 2t2 Camden ete. R. R. Co. v. Briggs... 70030. o eee 289 Campbell (Wx. Parte. J... ese. ta. ee ee 244, 248 Campe v. Lassen... 6.66.00. 0.0 i 155 @amron ‘v.. Wentield.......... 0) ank ee 152, 168 CALOY Ve TUCO e 5. ese ce ce ccs kes ere beeen ot oroe ob on olgsnOnO aes ap ae Cariaga v..Drydenss.......... sae 153, 178 Carpenter 'v. - Furreyi..? neo. Sa 96, 104 GATVILLO; TM TOs ox oii ot oh) oi ober ohn! ob oy abot! ot opr a eta 222 Carson v. Central Pac. R.-R.. Co... 0000.) aan 33 TABLE OF CASES CITED. XXxi Case Plow Works v. Montgomery............... 279 PEEL eY ES TLOOGs cece see OLR. OSIRIS OAint 114 SME ets DULNVAN 6 os RBI L. Od. TOO 9, 151 MCR ASE BLLO & coe) he abel er lakes aitioiale aisle dete Dell Wal ihe 160 metros Michardso..% HOO wt SIN al Manes 162 2 6 Ye) a A PA ee 145 ninnela-y. Stevensis <0 glk. on ls 170, 178 Semtral ete. Ri- Co. vi -Statewvwns oo Mion wees 97 emer. sist. ¥. De Lappe: .'. ING oN. IM 33 PRT E18 e TN TR i POE MONE Se od ASIN 31 Central Pac. R. R. Co. v. Board of Equalization gO ae er 298; 310, ‘811, 319 memenler ac: kh, R.. Co. iv: Placer. Co.....:00% Ue. es 317 Chambers v. Satterlee............ 29, 40, 268, 305, 306 Seep yee Morrisis:). i.e bo , Do See ae 45 MMNEIILIRO WEN RS LELLO af 5)6 6. dd aa alae vce occ ves cas uwohl ots 118. manner Vo Poy Longe.) 62. at. OM ND 341 MIO FPO PATTC 6.5... PII. oe UR 246 Chieago etc. BR. R. Co. v. Haggerty...00 0.6 2 e's 287 mcaco ete. BR. 'Co. V. LOW. ee eo Sa ol 289 Omcago ete: Rs KR. Co. -v.. People. vi ee. 289 Chico High School Board v. Supervisors......... 196 Wea, US Parte. is cee cease eee Uses « 102, 106, 246 MPEP EVENTAT Vs ESO WIAD a) 0he55resarcretere cisleielele wate ole ols ll efale 1389 Vs “IATICIOTSOD «> 6) 6: osereh ore! oni ctte shetelere ov lee coe ble 78 Christensen, Ex parte.......... TP, Oe Be ee 244, 248 Darietian -v. Superior. Court... ca cle ws ole 157 Christy v. Supervisors..... COR SRS FOS MBs SCONE IY 906 857 o0arerate“eterotatwetatetatelelehetecio chelae s 173 EE EIS IA EEO os ciccciias ene: cboverene Abita gar dade POs oe Ss ts 14 ITER TUCGN beictats wondon ca isiisvaivins sae occ Slalldntd »'a'W''e Cath 24 RE CLT Nba inicteresessaccterecIttb te wth SLs Se 160 a A SEI ee Pe ed PG 24 URE at I cic aie velo wine « FUME, YY. eee BO MUTT RS OES. ba da re 5a is vc fave 550.10 soso se vole WIS MDM w oe o lly ti’ 78 EE AS CTO IMR. Ge Aaa oe WI le 02s. at 302, 316 MRED DARIEN OSs aisvevcloicrescceovorerondb bcebltl siete 13; 111, (102 EET SU MULOIIOULO bn eos wade em ow See. SK TSS 354 Cohen. y.-Alaimeda. ..'...0.'.. 74 sti 29, 40, 268, 806 Oy ea eS ky OR RM Ag 24 Cohen v. Wright........ xiii, 4, 5, 24, 42, 48, 189, 345 omer ewentrali Pac. .R..R..Co. .2kinuin.!... 0. eee EE BANS yo aretce el as/ccsees sv a 0) gcer sis simansie,oc8S 25) 50,5113 EE BRT VER LD oer «) arch siarareto eversvern; or avocde Midelatt d,s he ETO D. xxii TABLE OF CASES CITED. Colusa.Co. .v. Welchyaiicu.ik>h ya pleeel cu eee 128 Commissioners v. Trustees. .....i.cemen ome s 256, 358 Commonwealth v:. Addison.....«.dgsieeletue + se oe 86 Commonwealth v. ADlL........4.:..5.5.5.0p eee oe 189 Commotrwealth v. Halloway....ic ole Ce 42, 48 Crely-v: Sacramento. ....... 0... 2.00 .s ese alee 65 GOS DVM UAH OUR ooo os ie: op elel ores: 89) Sheed 194, 800 Crow v. San Joaquin ete. Irr. Co. .i: igi se ae 323 Crowley V.Breud........ 2... «0 00 0» «sili enn 226 Cullen v.. Glendora ete. Co:........ ieee 106, 170 Oullen v...Langridge. ...'...!..i. sme Tee 166 Car tis, 1 20.6. ose retcje peter jorsneseye o/asseeeewen een 86, 153 Curtis Vv. RicWarids oo. co.o:.0:5:sie.0 01010 0.0 due ue ee 138 TABLE OF CASES CITED. xxiii D SEGA eC OOOL ATE 5's SID PTA aie lid onile - 90 Pee eu perior COUrt..cccccacens leh be ead pray INE Barta, @ ORE UIN 0. <.nele dad aie ce tide Ble oe BE 276 PROTEUS OMAVOL sn ce nue cnddeeraenie 108, 220, 221, 241 Dashiell v.. Slingerland........ceeiesses 147, 148, 155 RN WRAP OU 4s Fa ares 3:4: <, 80,4004 & HORII Soh, RUGS 5O iavidiy. Portland.W. Go..scess. HOT Raihe.. 59. LN 99 ey PANGS sy doc cece cas ce oh. Ve S 143 MMBC SEMTLEDERTIIC ATL #15 J od ved cee sae oo UNSIS. LY UR 277 Davies v. Los Angeles........... 27, 94, 102, 222, 257 DOMMES UIDCTION COULT.....cecceccsccenceacevcs x IRETLACACIOT) ..., 5 op «Wise dee cer.geecccev ecules 84 ET RLCES AES oy db onde ccecalw ciere A ams cle ove bisieats 312 MRIEA TUPLE. Dia y ou. « wreldierey dink obs sfviweyeld » ow wsic 60 Seemrsaeerry. TAIWAY CO, 2.2 00.00 00 0 iseivwnht 35, 37, 247 ITEM SUES ooo sachs wleie.o.0 0.0.0.4 bere vieud it 162, 163 SPAT UL Wu DVLATQUCZ. 6.6 ccc ccc cease te Np ei (Ue ot ig De La Montanya v. De La Montanya............ 26 RC HO DATUC A u. cic. «oleic Yo © phfe enema esr sid «Wye ay oe 249 ERIM PMP ISPOUCTICK «5 «a0 0500 0's 6 «8 ein 105, 219, 221 PMU MUIDETION COULt 6 att. ance fe mret t/dirtle «ye od apes 277 Re NEY CULO os Os ns x oo ya's cpanel » aut cldctole 45, 48 MOSEL hoa se ois 's oa e's 0 0d os mbrerne 0% 2 el BD MRE BUPA LOY CNIS 2 1250's is) o's Sele che diene peta 156, 157, 277 Desmond vy. Dunn......... 102, 105, 220,.223,.227, 35 Deuprez v. Deuprez.......: POP et ee ee 164 Re TEY Se ATICLOL SON 6 sas)o: eras. comaieia a ne eke, bad « ape eyes 60 RDI RUE REI USSD Seth nS oc ncsleesccctaasecceus 330 DeOL o PaVIN DIGI: a ex's dialed « bisad nee e244 sw hide an 3 NNN CELA Saleh sola (a2 o)'a) avnai'0i4 a)e.si4 so. 9/0 8 ae ebwanegs 296 Gl Vaan) Hh TATICISCO oem ties! He acaiew eh en bares 93 MMO LAMITLOUTT os on wee cess cons Sd owalt « wes G4, 70 IIE ESTE AR ELS 0. ala e'oic w alle'e ole # ei wicte eb eveheloneeete 9¢ Somme vy. Commrs. of Erie Co. ..c.. 2... ccc deuce 5 SNe ee LIAS OL Bool) ico a js vin le,c Bie ee Wb dee 149, 179 een SE TIAT Ct SR. ecb ces ce eee tence 99 SUL ae TAT 1S. steele es ote elese%% See ee ee Zou, noe IT ICY oe cSt ese teks ue tee tere eco 310 Ee DT ee ae eee eee ete 168 MEE PISO CU OUST eI EBUIE cs oe cic 2 ss v0.0.0 0 ce erdicle eae 269, 360 MEIMETNNET VOLE io ite oh .. nc ccs cae oa cen ee oe cteaee 97 PEPE CLS eet arash: NAD OOO as a ieee ee 368 UV STAC ETN Sein s tec no. 5 aia te Fa ents Reena aie anes 166 oo XXiV TABLE OF CASES CITED. Deugherty v. “Austin: ..s:.a anne 14, 71, 240, 216 Dougherty Ve BArtlett i. 2c Tce: oh ace aioe 161, 163 Dow v. Gould & Curry etc. Min. Co......... 347, 348 Doyle -w.Austin «2.2 .6..c00. 0 SUR 299, 305, 306 Doyle Wo Seawall. ...... s/s cs cle ica 015 Dae 148 Dressler, (HX Parte... s)elele seve reso WE. «a Weed 8 Duke vv. Huntington. .. 2.0: os» aidhe le cle elsls le pene 278 Dumphy vs; Guindon .. .:5 os «0 0 20 unm 5 eee 147 Dunne. v.. Mastichk.. .. 0... sink ood = Siemtnheeee eee 48 Perein. va Nealact socks cacerene ao a OLR 142 DUS. Ve Hero asain oe dite: 05s nui Se 186 DW YELrcVAHArKeriyes oa ie ee Oe xiv, 15, 111, 214, 215 E Eachus v. Los Angeles ete. nhs Co. oS Pere 32, 35, 36 Earle v. Board of Education... .98, 109, 110, 111, 195 Exton’ vio Brown... s'. sc e's see ss vtec seen ater 14 Ede v. Cogswell. ..'0'.'s's's o's! e'e%s ote netete cl etentnae tata 268 EBde'vi Knight oe ce tac cccsce sect eens ane 43, 268 Tedsall''v:* SHOLrty fo ee eee oe cia tl oe ee 149, 177 Hdson ‘v. Southern Pac. Coc vs. sere eee 289, 293 Edward’s Case. i... ..5 3S oa es octets eae 80 Hidwards v. Publishing Soc... 2.20. 2. see 12 BE? Dorado v.:Meiss:t 5223522 )thetaene eee ZIT 255 bllis; Ex' parte. si 0562585 06 oe 4 EHMtzroth “V. Rye 2s occ cs od onl et eee LTT PomMery-V."Draurord.". vee. s+ ss sta See 29, 40, 268, 306 fomery: Vi." Reed eerie ce ee ce ee Clenitan ann nn Bs imery v. San Francisco ete, Coo. ys sss eee Oa ree See eet eerie sae 29, 33, 40, 268, 296, 305, 306 Escondido High School Dist. v. Escondido Semi- MALY So races Soe eee cee cect 0 ieee ost Sere 112 Executive Communication. 222.57. . 5 39 ce ae eee 85 Texiine'v.: Smith. os. ss ose fos be ee ae 10, 64 EF Hanning y..Schammel....... .:'« « ss seiseeeeeieeneee 254 ELOIAT SRC LOCO. nti ica scence oon mate ails 297, 301,, 302, .aL0 Fairhanks v. Lampkin........».« » «s:5shheeneeee 150 Hairchild -v..Doten ..... . 2» ss ss » ss, supp een 150 Farmers’ ete. Bank v. Board of Equalization..... 316 Farmers’ Union v. Thresher... .. .s sae 152, 168 Barnum vV. Warner. «oc. ++ ose « 04 6/0 eee 104 TABLE OF CASES CITED. SAV SEP NUTOIMCTLO so anc cee ees ec i cote ese enes ool EE SEBGCD cls cc eo tisne ee ese vee ee’ 96, 254, 297 Paymonville -v.. McCullough... cece cee ees rad ¢ RG SV) LP DLOT i 5:0 10-sctetetatetarateteraterers ele iers et galeben 144 Seienlins HX Parte... so sebbwweiesd 247, 250, 352, 353 2) MPINTON, OK: POTCEs 6 i eee ek Cee ew eee ces 19, 20 POOCRUSON Vi SHErMAR: 62. civic ecase eee sees cee 276 POTTS VW. COOVOT A ect eee eset ee cteeens x PS Ee a ee ee ee ee 9 Wwe Abe -COMMNIS.; AN TR. oe cece eee eee estes 190 First Nat Bank v. San Francisco................800 Wigher ve. Police Courts ssc ces esi scisessces ce cded 105 MBE Vs FAIS -CreGitOrs. +... ieete ccc ese ecicccess 150 IU APUG A, We eee eee ceweens 70, 248 Fitch v. Supervisors...... MWh ditch oes toe 186, 326 PitZOrald. V. Urten.......ceeutiaescee ccs ctucees 155 PPMTNOTE Gy TLC NAL Ab eee eee e ec ces eee eeteeeeeeve 247 Mretoher V.- Prather... wwe we cee cece bewas 98 TMS HV WIIBOT ec ee eee teh oe ese weet ecces 164 IOV GSV MOQDGING s Cisco ci ere lee ee lee ees 43, 47 BM WEP MIMEV A AS Ree SS ER ae ete eet occ cavees 26 BPO TPES WELL oho cee or elereie erete Sees coe we eet beoead 123 OO RSC OL a a a a are ae ne wh Foster ‘v. Police Commrs............ 48, 102, 243, 247 RIO OMCPEACECE S555 2 5550 co ee re eb eRe xi, 84 ‘ox v. Hale & Norcross ete. Min. Co............ 279 MOx+¥- Western ete. R. KR. CO... 0. ccc cc ee ees 37 dprawiey -V. Phelan. 6.6560. c ec ees 108, 228, 224, 225 WPPAREGISC VW. DOTAPS: ci sk eee See eee eee ce ee ee 95 POPE Y.« BUDCIVIBOTS si fea. be ee ce ec ees cees 226 Wrankel -y. Deidesheimer:: ii .ccs cece tcc eke 141 Panekiin sy. State: Bo0atd. eee el ee ee ool eepnger v0. Wlewander oe. isl feet ck eb ccc eeee 358 OTM PG) TSA T UG S's wich eo! che'etenele' eve ’eveleve os dle bes ele ws 273 PP POOMAM -V.- BATMUM.:.:.:. 6 cictecin eeice us tec econ’ 108, 212 MPO CRIA TL Hs BOUT +. ere ra ere ete ae 'ele tees “n'e ec ccc cee ee 156 French v. Teschemaker......... Will;' xii, 15, 274, 275 Mresue-Canal ete. Co. v: Park...........0.31..0.. 321 Fresno Nat. Bank y. Superior Court..... 53, 167, 285 BGP GB EA UO OL. + ctrcre ec ce betas ete ceec eens 3, 163 We Ve LIOR AN ZClOS. «00 ee ele ec cee eeee 223, 235 PEACE ye OOANYD:. +5. teeter te else te ee becca eecceban 167 BMS VS DON -Wrancise@: scciccsccs ccc ce. cece ees 225 eter > PhUMer. ek Pee 2 a IY a BOMALOORD -V..- BSPATTAQN.. -. +. +... 0’ 'n “s/n “o's 'n's sew eo k's 004, 335 Constitution—jij XXvi TABLE OF CASES CITED, G Gaffney. v.. Gough... ......0\p)sis bistele Bie eiel apnea peiaicteteO Gafford .v. Bush. .. «0.0.0 *,0«.s ys Se 168 Galena R: RB: :Co. .v.. Appleby... .... ssisuen eee eee 287 Galena R..R. Co. v.. Loomis. .,....aseminemeeenee 287 Galland v.. Lewis. o. 2... +» stem cnn 45, 48 Garms' vi. Jensen... 4.» ss. ».0+s0 555 oh ales 312 Garniss.v. Superior, Court... ....5.0.0nm s0\sive wi ee 157 ;Garretson v. Santa Barbara...... ‘anate ot pfatoke gta 318 (Gavitt v.0 MODL. « » vijeissshssoieyeld oi picts oe aie eee ae 385 SeOCV MOLE ee bik wich oe «a oo les aie bee 333, 334 ‘George v, .RADSOM..... +s». sls'sisle pints eee eee 348 Germania Bldg. ete. Assn. v. Wagner........ 350, 359 Germania ete. Co. v. San Francisco..... 3801, 302, 310 Geyer vy. Irwin..... Perr 80 Giambonini, six parte... cece + shee 138, 176, 180, 221 Gibbs v. Bartlett. ... 5s 550» » 0 »:0ibiste bien #iespien ney eae «i 157 Griffin etc. Co. v. Magnolia ete. Co.........,%. ee «286 Griggs -V. Olark. «... 0.0 =. 5s 90.0 .01s.s «19 nel sense 161 TABLE OF CASES CITED. xxvii DOU ICOMTION, 6 cic cd eae eo el0 sd. ot. blister 160 PME PEP Ee CONNELL Cha PU Tie Toes Teeth sie 316 NUIRUEREY FORTEOTELCL. 5 sv uiule ware OAC SS. Yale Wie 156 Grogan -v. Ruckle ...... FEDS CA Nosh add AE RS 143 eee Ty SAE TANCISCO s die ds fs OVAL 6 AN 6 BBR 42 See? ELEN TOs 5 K's so 5 8 9 vbe 0's a b-8'8 OS BE seth ol seed ET RECO F Fok ose df Odd dive BE MOOEOT he oS MOMS 240 Gross v.-Kenfleld. .......6: 6 dere HOE Re AR AEB USHS 359 a ek ELSE 6 0 ora -0% 0a) 0 o'a* w/ereete ovis dle ahd 218, 251, 255 RCM OEU MASOIEY OY bg oda dec c des os MEM Re Se 31 EUR OREE BUR LOTIOY F546 dod 60 aia o BAIN nels SUAS 162 Gurnee v. Superior Court............e00. vii, 155, 362 MEE DIAL CO okie oro recite diclald watiiacaeee ob dieu 48 Guy v. Hermance....... wt thas Fotis uta Reds ts hale 62 DUTP AY ASNDULI 6 dco sd cade ede ES Se ole ole 07518 H OO: HU ecaidsingee Ro -sp Bby ia rates 162 ER RE PATLCL. . nics ss 0 4,0 0 0 0 2 assis 29, 40, 268, 306 EMT MeTUDOCLVISOLH « «+ 0s 5.0.0 0,0.0,e1di54% Ca 6 be ais je 68, 305 NRE NTL 55 c 6 c's 5.5/0 01s c10.0,0.sht.¢ cie-0.0: Advalhe « 145, 146 menie V. McGettigan.........cs0-- Xiv, 0,82, 213,217 ie S04 i el a “Gt Gaee ss Ce lel dcce easter 159 MIME TUS DATLO. oc. cc cs caseess 13,,1.032 216, 221, 222 ERP ES UETON «. oid p. ote pics ele avtwiid b sya tote o's epee lens 168 MPR TOMI TIVTO. Ss cc en kee ce ees eececes 16, 52, 248 fervor Commrs. vy. Red wo0d,.Cos. ss. 006% «4 of. 71 Hardenburgh v. Kidd........ pun ce SAE Cede at a a as 63, 64 PR ITN NLC con gc: &: oar es elle: 0, 6. 6:0, 6. 0; ne, sijelinl were, ode 147 FAArMon V. Page... .cccerscecccoscccecvess 276, 279 NEE STIS VLE gio 0-0 cn. 0.02 5,0:chehe eh died «0°50 lias 29 PERETTI RV SEL LID TIL, . . 5 a0 o/b id wich s. 0/0 Mise hie'g side 125 TERETE CE CLON oo oy « wip cad 0 ose sete SLs 165, 166 STEW LL WOO soo sce coh eee ee Heinle bMS As lS © 29, 316 EET IMME TESA TPO Coie oo. 6:0 00.0. 0, 0, Choa ich + a ee Gs B12 SAN ld OC 0 re 312 PTOI DCT WISOLB ¢ « «0, «+ 0,6, 0.00.5, 6, bile Rida vib ¥ viele 93 PNM ELA PEROT ooo o's oc 5,0, 0,0 th Merhis She g's OKT 150 Hart v. Carnall-Hopkins Co........ AGTL110, 2s PierisyeGaven.......sces Sea sale PRO WIER sills 1am 307 EN CPE DIST CC hals 1c 0.0, 6, 0, 0, 0/b)5 j8 (wai NW alla die o's BREA OE 19 PMR PEP RUSE DOIUC . oy long 5 a6 « Hah oes bls oe ot 93, 250 Peery. Han PYANCISCO, . «leis oicicid es ms sawn 208 MES PPOUIITIOTIIAT) . Cie. a 6 4 0, 0.4 0.0, ekaR de oe ¥ ORRIN 338 Xxviii TABLE OF CASES CITED. Hatzfield. v.. Gulden... .0c. ec. 00s meee wes 189 Havermeyer v. Superior Court.........5....ss0- 28 Haverstick .v. Trudel. . +s 09s kisielcte 4a nreeeee 161 EAL yok Kb) ie en os ME 47, 309 dhayes, > Fx parte. . 2... 240 sie so ale Mle ee laneee eee 303 Hayes, IDX. parte. ... 0.000005 00505 005 247 Haynes, v. Tread way.....eerectse55 03 eee eee 46 Heckman, vit SwWelt, cows vudveeus eo a /d ster, eee 71 Heilbron, TEX. parte. ....,0.01....6c0.0y0s009,010,05008e oka 248 Meinlendv.. POIs Voi s ved ocares ‘venues. ae 149 Heéinlen, v.. Sullivan... .o..6. 00550 cedar, Gee 368 Heller v. People..... 0 0 0 0 0:6 t die late CRE ee 97 Hellmanyy, ShoOUters.4.2.0.2.,00 eee 13, 93, 9-4, 98, 107 Hennigan. vy. ELryin, =. sss ¢ 02s a) ae 147, 148, 150 Herrlich. v.. McDonald... ..... 5.6 eee ee 143 Hevren \V. R@e@d.. ....0:civiewss:s 015-0: 0 5 clteidy anete teeta 41 Hewitt Vi Daw... occ 0c eS 0:0 ow oterar eel anhis enn oad Heydenfeldt; Im Pe. o.c.c 0:0. wie 00 cinco e's wi aint eee 162 Heydenfeldt v. Superior Court............... 160, 162 Heylian, IX PA@rte.:.:.2.7.‘.*s7s's%%e%etetolets c lblel ete ct etelenatae 250 Hiekman: v.+ O? Neak. + +.%. 0%. ss "%s e's oe wale eroneeela iat enarneane 138 Fielkks’ ¥. Bebb. 22 0.4424.4444%%%525%555 Se een 145 Hieks ¥. Murray. 5.53% %%5%5 5% 5 51s iene teen 28 Eboeing V: Cole. 65 eet le elect eat hetete Se a 351 Higgins vi Praters os og5¢ 30272 ods See eee Viii Higgins v. San Diego Water Co................. sews tere ere eens cals eee G4, 119, 262, 263, 264 High v. Bank: of :-Commerce. .....'. cel. eee see 27 High v. - Shoemaker. +... ete cect es 26, 297, 299 BERLE ve. EU a eo 203007020 ‘on he “oan to tate %o2a'e totaled anal atenet aetna 185 FUP «Ve. -N@ Wan 352 ceeds cea hed do ue Bee ale eee 179 Ftinckley; -Estate Of. 010+. 10%. 10‘ss‘o/s'cc4e'al oie ole aluielel e ohemenaite 348 Ho Ah: know v.: Nunalk.+.. 05.0. 8 le ne 342 Hoban v. Ryabi.iisaseastassbeact eens eee 179 Hobart v. Supervisors. ...ccccccecee. 02S. 4G 68, TO Hobart v. Tillson........... wecee sb bee oy tea 152 Hodges, Hx-parteisississcassist Soea eee ee 242, 250 FLOlAPor ty +E (BO oe erere ct oteteteteretelene oe oe eee ee 41 Holley: v; Orange OO. sccccccdvcvcs eevee 61, 70, 305 Hiolinaw ¥.2 Taylor ire. 3 US 166 Hong Shen, EX: parte. eeceseceeeccccecs.. 21, 244, 245 Hopkins ¥.-Cheesem athe.:.:.:.+0%050%0' ea eee DOE 148 Hornung v. MeCarthy.....0..0. a a aie ehgtdela sna 36 Houghton, -Appeal- of... ee 165 Houghton v. Austin. ......... tet ote AEtOR 29, ‘T1,: 303, 316 & TABLE OF CASES CITED. xxix ECM MEUM ALIIO IIS, os sae oes oe be 9 bidwle tas Sa oer 141 SMI SCEMAL OLS cnc wc as #0 oe obs BG dp lib wblins 189 PURAM TA Vol UIDCTVISO!IS.. . oc occ cess teces TT, 264, 265 IE COC eta. 5 aM Vain via a e's ons 6 uc 3d 9 o Obie 161 MRA PAL cick cane) « aime o ipiae Ris + ae,40,8 ee ued 98 NS By VOTO ag oon Sate withs apn baie me acihe Sees 255, 304 NTIS T TOPO OUL bs sciteh cost gute + KY 2 C8 OSE oes 216 MIE RE CART ELIS TE ak. v's.5 soo 00.00 01s, wid echie gual > oye wialt 90 MTR TSMR IMBVELT UC ss cisco ss s.0\ nas pea rtsnietete cop mbpun init 8 PICO UU ESOTUCH. 0 so cee eee ec ews eh ee ake 44 TCD oa es wots 6 0. 0.015. 0 ¥, 05s orinyese Se .0 we 80h a Sieks @ ote Ng airy sn cis + 9:4 ai 0 01d 8p © ars tpstieeine 304 RMIT COLECLION LIST. » nis cmc, ola onbie 6 ope eeineee 30 TAMIL TY «65.56.65 0 ae we soe ss 0,900 ix, 152,.302, 359 EO MIIENI EI ogc 5 oie cla e aoc n6. 0 01s csi n.0.0 0 ael¥ © cipin eas 9 EI CCMMCMIOU. . oon ccs sme Mec nite rie thg eho is crea | - EI ETCL GNIS Se uicclc ak bv cscs Bidtee ere oF oO UERN 28 Indianapolis R. R. Co. v. Kercheval............. 287 er WOOP, ob. eo Oe Aa A. Ree 72, 91, 119 Sempre 0.. Vv. Haight. S9atun. .¥. Go. oa 84 IE NV TANG © ob ce cs ew xc a ew a hile. Me Ava ON viii J UNV AIT UCTIOY . oo ks ccc ce whois se ccnene 156 BME TUIDVCL V ISULS . 5 ss + ws a cose sein » tcne cee s 324, 326 Beet NY AIKer.s coc. cst k et oes fe REST Es canes, aches ec 335 EPEC ens den fo oo aac, «9 Sepa Rucés ste erate a DOE Mumm vy. ig Breton. ...-.. ss. 5 ce ce 29, 40, 268, 306 RE a STAIN oon ssa gai cor so a toe euoie-osgin'e 36, 96, 98 err ys WAT, ss... ek ne 0 ee os Deter. t Lede, ble UNUM oo ee gts oa snc ws sé % mnsecetsue siema 0.% 142, 146 meme. tank Of Take. oo ooo... ses Mee cie eas, aaa 276 EOLA ore ste oa c's s woes adie aleonig « Seaa ct 248, 273 Mee Uronodvear Alin. OO... 6... kek tenons 273 METRES CIC Gre oo ele gc oc a 9 Ds ipiecae's lecwae o's 8 97 Ree oma Cierelyq si a. (558 «214 lvloeU. 22% tee PyMOTIE CRG Lik) ..¥. wel Ben ih. Janus. MAD BRIE We SAUUCS ts ik. GMb vv eile bk doa wee aaD TEE SL ATI a po nimces anesey oh se nndiied 8 505] schon eewe sd XV ME I VOLA os og von cc usu sbi dddsod. HALUD 95 Senter, 1h. Th OO... nga e webb ook Ee 287 eee SCs Ss COUT « « «cies dake ke Sb ook eT XXX TABLE OF CASES CITED. Jones. .v;.. Morgans «0.0, -.4 «000 44 tee eee 238 Organ, -OX .Partesccu< ste cree 105, 106, 107, 110, 111 K Kahn v. Sutro. .13, 105, 188, 176, 193, 208, 226, 362, 367 Kalloch *v. Superior Court: 73... sn eee Le ee Kansas’ P. R.°R:°Co. ‘vo Mower... 20. as eee TT 1287 Keller v. Wranklin: 2222232500202 0200 2 0 5 anes ee 164 Kellogg’ v. Howes. 2 ooc oo oes cca tse a ee 390 selly*vLUNINe Peys loots fees on ene oes s cage tae 254 Kendrick v. Diamond ete. Min. Co........... oan Kennedy v. California Sav. Bank............... 217 Kennedy v. Board of HWducatlon’. 7.2.0. eee 222 FWennedy Vv. “MING oe ee ee 195, 223, 235 Kenney, Es: (artes. ae eo 0 ee bun eee 221, a40 Kerekhoff-Guzner Mill ete. Co. v. Olmstead...... 46 Kern Co. yi Ways ooo. Yona 5 Pee 215 Keybers v. McComber, ..#:.2 5725. esas eee ocean Wiernan v. SWalls... ces + c+ «0 le © oe Sener os eeaeke Kimberly, HEstatecofieonga 50. 00). ee cee ene eee 161 Kings’ County. .v.. Johnson. ....... eee 95, 109, 168 Kings .Co. v.. Tulare Cogeielt ..% . ake o/s 8210 Kirkwood vy. Soto...d.cccecenccuces bate 240 Knapp, Fox ‘parte. .)..6). os wcts's oie ss a sie eee 249, 250 Knight’ vi Martin’ <3 csc ste oles ent 538, 214, 217 Knowles, Ex parte:....2...« «tom nee ee 154 Iknowles v. Sandercock -). .:. 5... ree 275, 278, 279 Knox v. Los Angeles... 3... 3s» «ante eee ab oe Kohler, Ex parte: ... 0 ss « esis + oe 25, 93, 94 Koppikus v. State Capitol Commrs........ 9, 41, 332 Koser, Hix partes... oo. 2h... sds se 0 0 cen eeeeeee 103, 106 Kowa lsky,- IM Te... 2 sa sw > cre eee eee in Krause Vv. Durbrow:. ..«.«s «sss s/s siktiren 112 Buhack:, “Wx ‘parte... we, 6 0r.s ot tee 250 Wonibler v." Supervisors: i... oo... cee eee 111, 216 L La Societa etc. v. San Francisco............. 0. 245 La Société Franeaise v. District Court..........159 La Société Francaise, ete., Matter of..... 63, 107, 272 LA C@CY). DX. DAL icici iice sever ere+oe serene Wee 25, 242, 247 Kaforge v. Magee. ....ccceecdcnecini sy ean eaee 44 ati bertev.: Davis Wh acner les cee wll Pah ae 28 Lampe vy. San Wrancisco..../c.. 4 seen So ‘nfeshe OU TABLE OF CASES CITED. Soe EETEL I ie eae Cece see he dle 2G STO TPOTY ots a cc aa «viele os o,nqe ile, 0 Mids oie es 150 ETN COUP TNELITY oy cc os so e+ oe pec mp eae ss ces 240 eee, “CR SELICL VV IID: 3; § cic «a oce vn ees 6 pele we 274, 276 Beeerree. ¥. OClOVeErdale. 7). 00. foe eore einle wc ns 0.0 Os toe na: 2 MOUCVTL OV ars so x 1 5 dead & cic cs hae Kid a.en'e 6 D2Z.t 208 SUERTE WCEP ONS E ore ut al dale a. 4. amy cae: «0.0 ok syns oe AS MIENTRAS SREGUIAAUAIN G So es on co po ses oa slabe ens 214, 318 Nn MERON MELE laa! sos ciccc « «en, b ae 6 @ oie a iedtyt p mue o Pes XV. TUTIYE LE So ie ec ce ee cee ce snes rte 255 UME OT YS eS oe sisi ais eo 0 0:0 © 0.0 no.eo ate 6. 0 p,m 137 TEND ota dics. cos ce cas ce ss + siete eccyeyseiets 96 EEC T AO chy. occ ccs cae e.s.e aster ¢ to 0k 362 feeereton ¥Y. Supérior Court. /. 0... (a ed 167 Semen nern ac; R. R..CO... 6.6. 0ccccece si 282 EBLE EL PIN Ie SSS S EU feee eiicse 0ciessheps a aise syete.e mare 148 Tene ve LiNbON.) 2... Das ghat alias ete 29, 30, 40, 257, 268; 306 rE Ty, Wl PT TIAT Yb baad ota viel dreteyvie:d: olehiele everethin te 97 mereowriak WwoeOy;ys(harmer.....)cacciledst.< awet) 38 IRENE AE SCE on aie, ain, Behe sdfole, cua leta bole osha} = hee 143 Peay yee eperion Courti). s....%....-2200% 20, 50, 162 RENO MMV UAT SS, tio, cxejeseicepeiois olde. sl isola tele s 115, .121 Deere OUT YH. CLOVIS o.oo. c,0icid:e. 4,010 0 alee pile afd s ght 164 NEEM S PULTITIGN 1 5.) v0, 0,010. 0.10, 0, 005ce.aps,essservie el bile § 94, 97, 99 RECTOR TIT) EA 1 or a, oko, 0; 0, 0, 0) 04-05 05-0, anova, be ae Slope. 6 ,2¥%e 347, 348 Perneewemoucnern: Pac... R.. R...CoO. aeresh ade see 285 MME WET ILIFET bon. a npovec8, ons, 0a abdidionatardtale ols «vs Apewes 262 Lichtenstein, “Ex parte....... A. ween xo. Sade 109 Imenayo Austin...... 5 Hatatiers cate ob oka ea oe et 298, 301 PP Ie EU Se ATCC. saws etd beats td bs .cle athe ix, 92,93, 94, 95 RG SOATLO NS cabelas awe hws ale AREA es *,248 Pe VOL VVASDDUTILE i. siefs.. a ccteleiee Sade 242, 841, 342 MERI EGET AGW AILO Ss woh. nce ee os ORKUEL CY. 338, 344 Lioyd v. Davis..... ao p wie Masia sia'd sinh lnaiel wah 310 | RE I TIALLC oo acl f chbldtonle oidute HAGEL 5 cH Es 181 Bonean V.. Solana ..66..0.06,..00.5 9B, .99,: 11092127215» 216 SPIE ELTIIFISLCT. 4. ab din cee serves ea velbe. ix eet NT WA LCL OT 2 ie co save xo use 10 swse'jn sore cad ALES 0 We SCARIER 148 EEE TOE UK. STISLIUEN, - o focescscissecstecoseusscce wha Clase oo Bis. chek + Dosen neeltesv.. Hikenberry ....... ieee i as 243, 252 CRE VI OLICE 0. wae eee eg sla l Waly Te shee 97 Los Angeles v. Hollywood Cem. Assn... .242, 246, 249 LOS Ve Li ATID ie ie x ose oye ic fd enalactid deals Je lad 359 eee O02 V. LODZ. «0 oc cic Uileltcl ale w¥ekatree 217 Sx TABLE OF CASES CITED. Los Angeles Co. v. Orange Co..........020e. 209, 210 Los Angeles Co. v. Spencer... :2...wenuse 65, 96, 341 Los Angeles v. Teed....... 104, 222, 251, 2oo,.200,.e08 Lougher ¥. Soto... . 2.» > sus «+ «\s/p;3 enim oan 105 LOVE W=DGehr . . . . sos 5 0.0.0 5 © sspfepheen 133, 134 Low iv. “Marysville. oo... ts... os oe 219 Lowenberg v. ‘Levine... ... .’.. 5. ay ene ote oleae os 46 Lower Kings River Ree. Dist. No. 531 v. Me- CUA eo soe oe so a a c's «a elie sa dh tke Laico V.: De "TOrd. oo os cc cc wee ee cues Caen 141 Luco vy. Superior Coutt:.. 2... 2. 0 eee vee ee Lundy v. Délinas....... se sae © cee seen 200 Lux Vi Hag ein esc es 6s con > oe tein nen 32 Lyons 'V. California.’ . .’s.c's0,% «.2.sfe.5 apa t aa 49 M ‘ Mack V. Jast?o. io. vsscasecccsvusteieeneee Wap 257 Maekay: Vv: San: Franciseos..+ web SUI ote. 297, 300 Maddux. v. BrowD..0e.0.. o luck oT A aR ee 336 Madera -Irr.. Dist, Un -LC 6 oo n6 aus tee, eae eee hes CFE Ae SA ote xi, 30, .68, 219, 268, 296,. 366, 307 Maguire, Matter of......... 53, 247,.250,.252,. 2538, 360 Maier, -EAX DECC ss.:.:c-010rs rorers revere oe etal tei Ree ea TZ MBLOMNEC. Vo ROY e+. -0in-s ienane tare te tere se%e te tetotens deed ae i one 46 Malson v. Vaughn, TE 147, 178 Manchester,-In .rels.).21..01 0800 2 64 Manley -v. Cunningham. ....:.t...is. 1010 /dhels es tla 2 nee Mansfield,. EX Parte ..occencocctccees sb 0 shay ey Leone Market Streets Dia 0106 occ sono oes ever or over ob ona os al nee 304, 306 Market St. Ry. Go. v., Hellman.....4°30% 2 ae 273 Marks,. Matter of. <<... sss. 00 0:56 stan ee 86, 165 Marsh v. Supervisors... .xiii, xv, 15, 59, 109, 112, 217 Marston .v.. Humes iro. ..... « oe oi a.0 0 0 cate bis cele mien ene 97 _ Martin v. Election Commrs......... 148, 226, 239, 338 Martinez. v. Hemme ete. Land. Co.......5.......00. 280 MAtTeGE CVS BORE iG. fic ecsencnevesevcwe sR EIEIO enn 143 Mathis W.. SIate.. ccs ces cs dses seveee » ee 97 WATE SWS Vr OUI OT a. co seo sacs so 5000 00 2040 00 4s eS e 311 PL UOT. Von ARAL os co to wove so bare ceo t0 202080 0s natal dei eee 113 Maurer ‘y.. Mitchell... 2... 6. NotAP0 SA ae 152 Maxfield vo. ODNSOM Ss. csas se 147, 148, 149, 156, 178 Mayrhofer vy. Board of Education............... 850 McAllister, v.. Hamlin... ......« =.ius ue see 156 People V: ADDO... «0.5 nce m_> s.n:0,009) 0: 01. 4:5 (tee at 93 People ‘v: Addison. <...<. © <0 «+ « «sevesel anneal ene 129 People’. v. An ‘Chong, . 22... << <.5 «mupieienel een 141 People’ V.. Ali “Léé’ DOOu. . acx.c's me « 01-year 10 People vi [AD Sing oo... 6. 2 ' 20 0 = wee) elieia apenas 184 People Vv. Alameda” Cos... oy. cau ovens anne SLL FRODIG VAD AT. Seis cs io 065006 sei ues nei 21. aa Heome’ V. APPle pate ii. oc.2.n wns 01s ieee 145, 151 People vi"ATHetS Toe ol es an we nen ee 21 - People v. AShburner..... oss elie sefay a; boty" shonin) Case 351 PEODIET Vi ASHDULPY oes, ob esn,0 cope ue pale Onan ae 298 FeODICVV. (BANCO: cs... ss sx + 0s 6 ere ee 193,208 PEGDIEDV] BDALIEY iON wwe B ocieis « on cape Jay oan People’ ¥> Baird a6 ee eee eee 20 People Vv. Hamilton... nicisnt.caee eee ‘paste! ‘see Peopre:y Ea umonds... 5.4.5.5 5 vee 128, 223, 352 P@ople. v. . TaAnNOD 0.0. oo, cjecseie,0j0, 0.4.6, « 48 eee 185 People. y. .Hardisson... é.:<...). «+, <0.058 Sete ee 22 People y. Harlan....¢... 00 +20» » «= 5(nth ate People! v.) Harrington: .tiv...........,. esa 19 People ly, Hartman........lschsi * oa 18 People cy.. Harvey... ss a0 sou hele eee 153 People. Fo Haynes) ceis«. coceiere\sieis 0 aie eee xi, 18T People. y. “HeGHG, oc. ce lela ss 0 acne, « cee 236 People VioHLenry occ cc cass eucees ns pee 367 People v. Henshaw....... 13, 14, 16, 96, 103, 119, 222 People v. Hibernia Bank.................,. jg ee eee 298 People iv. Higgins) ssc o os sols 0.0.0 ds opens ee .Bt feanle-¥; Dill dex, oo Lasue yee 76, 223, 226, 350, 351 TABLE OF CASES CITED. XxXXhe NAY CREO aL, ok loo is seve ie otevoceacesaveid BloAibiek ble 234, 235 TRIPE AE OLGOID «so. 5 ok ca nies o's bs oR beth aisle cule HAld 60 PEE PARC GAY. . oc aoe ee sem a WAAL Ad. Ws aie 45 meee ioe ins, Cod: 220i. (een ce. 6 299 REEMUREMNIT ode bees amas nd ead ARG: SOS 19, 20 PTS SELOLICY is cess Soe ree see SIGS FLU ld.. 2k de 149 MEPEME ADE LET MISLIOLY ois Aadives ss iei sieves adore ovsi'oca ctalsteth 12. EMG 254 ELCs FADINOEO fo od tie dba 66 8 MERI MS oats EE 222 Beet SP LLUUCKCLOR 2 5 6.8 oceans 2 DDE DO. ds ONE 21 EE CT Pe ATIOB s Vo x ss 4s yess boo bs ow USER. MSA 20 PNP WCOULs sons ke cee ices aee nc eee. ..: vii, 352 People v. Johnson. .71, 148, 149, 150, 151, 216, 240, 332 TEP ORGGIL «ch om cc nin seee wen whiin’ 20, 146, 150 ead ORGIY TL. oa sco cee ees sen deh bl oO ds mle bt 168 ITT IS SLALOGIN So osc cine ae ecw wee RA stele cub 151 ET LSEHLCI 0 iv fo to 00 ie tv do tae kee inte ole lobia oth ohts 22 UE TEI ose shoal ae’ wale aia ai e'e wo HIRI SE 1K SEAL 11 SEY TROIS ic wom yo tose wien tote wie w wih Bidls ie hi elbow h obit 302 RE EOL TIO SO 8 a. uci sho cies wel ci ciel do ei Hibhs Wallis oN Bhd 165 PEND COLTS AN owes oes isc oc wee Mea RU. CaN 18 EES FEO WER bole cis cco om dh oe w soto Fae Mame sh ald 201 OE CON oo cite n ne es we os wR RE 96, 103, 185 RTECS OS) aig a ob af of ok ad ui dd ol oh ok oi ak 6 ol Sr Weed © KES 150 BY of IDIOT oy, 5. oie ov si cho: cher ci oves sh everatls 62, 64, 129, 346 PLT ITAIN 4. ix ia is osc to'tc ic ete vere tenis Lak 300, 301, 303 IEW LEDGE. oy oh ok ok 05 0h04 0: oh cd oie oh ci oh OEMS Le BW Oa 168 EE ees a ln es pa eke aetaleh. 2 RAG. he EO 18+ Peeper seer Yune Chong. . 66.66. eth iiviided. 22, 23 People vy. Leonard............ je ooo DERI, TRE 87 RIMES MEI SOT TIEN v5,’ wr ev'w'sy ever thw 4-H acevo HOE e wa SAM 10 Eemauery. Levee Dist.. No.. 6. c....csece eden. 219, 271 Peiwesy. anda, Vista. Irr. Dist... .26 eset ov. 94, 96 People v. Lodi High School Dist......... 65, 104, 196 Heople-y. Los Angeles Eo. By. .Co... cic bee. ct. 281 Bees CAKE C0 oc Sree cers cece Bees 213, 217 POMEL TE OIN ya's ve ok vo 5 66.0 6 MARIE OL ah te 20 RL APILITIN 0, 6, o, x dlivy' ei ei bios or 0s vbr ai'sie/ or AMAMUUR A 6s % 05h 150 Pies Lay. ito we ees xii, 29, 51, 252, 254, 306 PE PONINTIDOSA (10. cs nts woe wee dwells 3.4 aX 62 NEY PSUR ICT ATV Gi, os ovine tran ww enle s Wibtelelet ote 74, 173 RTI MEO ET ANG, 0: oF etsy cies eioicisiciesesnrehereverele Movs 4's 255, 360 aN CUDA TILOY) os aoe: dishes oss oc dcw rece thee te ba 5k Ga 174 EY PEED AULCOUN yo kw ine wa oc ve ai etta meld Aes Wale aa kd ks 295, 296, 299, 300, 302, 303, 313, 318 SEN CUI TIO ax se de ios go 6 ote rete hee hele vow nd CaN 29 xl TABLE OF CASES CITED. People. McFadden. «.......ce0s 70, 108, 112, 119, 217 People v. McGuire... 6. .s00+s00 ses > ie 208, 210 People .v. MeNealy........+ « em sleyesiertiaiddie + ws aiden 184 SOE SNIMICTSON . . 5. cs occ + o orpmmimidolajels anes 64, 128 TIRE PIETEIIILG chaps is 50's «a se sae én Mes inh 176, 180 NEE TUITE OV 1°), 2 oo wig c+ ss « & pin tetabcoheiels «on tsa besys xii IM SOTTO a aig 5 nino v0 60s 0 + cali adbin'aS © aie adore 22 Re re rs LIT IST © siuieyene e's alates rerum afd « ofp: cab ais 219 REE SE TICOT: ... “clale lets ale c's she 0 s ext aereldd « ope widets 160 PRIERY SUMO VINIOUL 0 0 o.ci 0-6 0 0 ue cee wand bie'SS « aye eed 48, 68 MEIER SLEPT 2 5) oa o's a. 0. o's oe) ase, 0:5) 0 arabe plage hw alas 151, 351 ERUPT ETS SLi ons ateivis sco co Samblaihh S sys quethate at RT PEPSTATIN | iin os aie eo. ore ne.» b abeipeerofe © aad 19, 20 AIOSUTOLELLLINIAT) . ccs cae 8 +s seeteteybiec Tk « aye ope 150 LIU Cg ols 5 x. J's oa 2 9 oe « ere Ripqula ane aks spa hapbars 23 MEMES UERTIOUD cn sg ni y's +0 000 aguie st ch aitdewa tsetse af Ones va cy otaadl x 155 RIEDEL EST CTITOMCL. 0. 5 aso 0s « she rtijeis FF «oe cca 271 BNE Wee SLCDITCTIN:. ic 6 aisas 00s viii, 21, 266, 322, 326 Peeve LOCK COM CLC, CO... + 0. acteniatas!de ems < 282, 303 ET I RES COON 0 srasily' aie 6 vase .0,4 prnce-nie he op aaeiest 169 REMMI ESTES ELON cu. 5 omic sore 4,0 6p. 0,0 08 «bebe etls ois lZhaae NAT PEPMETOLOCT: 355 2c o-as, o.c'atas 0's «1+ © Wine Sisvece,d Ae ovele 269 BE WARD UDETIO’ MOOTTES . axe e% he nid. LE 6 ands omuienl as ED eS 94, 95, 106, 109, 112, 164, 212, 288 Ree ee IDET VISOLS. . sss 0 05.0 ave sym oem’ 62,, 206, 317 REESE COLL Scie yo x." 0 a 0 « ». ectin'sbeee wage Sie ow « steak 23 RETEST SIL OTC Gs sins» o/c 0a'c s eeueiaadle 0(6 0 id «, nlp’ od ae 18 ESM LYS Soh, i'n no's a a-s, 0's coo: s 3 fystarh} oars Bae 18 ENED OTN DICTOI, ccc s vac cee « eihcslciaiseniib« ae Qe 210 IRM TOT TSO 6 ssc cs on 0 a ees s dois steered « % 16uek 1 I TH LOT Sc os a ova a's x < nin « Sis bienstaatc’s We teed 7, 8 EEL TCIILIC. ary a aa 4.6 0.0 0 0.1004. piavabnbeaiahtis «i organ 48 xiii | TABLE OF CASES CITED. People v. Titherington. ........... sce ee eee eee 184 People «vA Posh acs. ose eee 138, 176, 180, 236 People v. Dodd: .2.....5.4..54 5.055.040 347 People v. ‘Travers... 0.0.0.5. 4. 5 eee 22, 28 People -y> (Pucker.+ 2... 4. %..5..% 55 ces oe 22, 23 People *v;/Furner. 2s... 5 3.0.2.2 7, 1538 People v. T'welfth District Court.........:....¢. oer Ne See sleececceecscces WH, 13, 14/603) GF, teas People v. Vereneseneckockockhoff............... 184 People *v.0 Vieles o.c0.5.5.555-5-050:8.2 3.00 a Pa. People v.. Wong Wabgs 0% «i en o sreteteietiner sian 216 People ‘¥. “Waterman... 3.00.) 0.) Sse 2 oe eet oe 173 People “v: ‘Webb: ..2.5.52422.050502 050 eeeee eee ix, 19 People v. Wellerso:.c 65.5.5 52:40 5 0-5 eee 173 People vi Well@is53.6 5.55, ai otete orotate x, 128, 141, 144 People -v. Whartenby::./2.22.52.00 0 See 301 People: v: ‘Wihtimans 7. ./.".. 5 Stee 84, 87, 125, 128 People’ v: “Whyler eres. om xv, 300, 303, 305, 307 People ‘v. “Wichma irs’. o's. viste’elelete ett te ane nenene 22 People vo Wihtams.-.'.). ..'0'.'.%."ste ee tee a 8, 150 People v. Wong Ah Ngow:: 2... . i126 wae chen eeeanaeanee 184 People 'v.: WOOO. +0555 's'0's ses e's a 5s ots te whore ene 20, 44 Pereria Vv. Wealhae@e. ctie%e'ore'el tute cee che eae 53, 266, 268 Perkins, TWXs Parte. ss'.°.%5'. [e's e'sla'stetatatetere ee arene 7 Perkins -v. Raliss ss ..ccissi 62sec 8st} eee eee 165 Perry Ve | ATMOS oes eee Sie ale set nee 159 Perry v. Washburn..... odd ee ea 296 Ptirrman; ‘Ex’ parte: ci.¢.o2 008 Tee ot eee 96, 248, 256 Phelan -v; San’ Franciseo..45.'.9% 55 cae xvi, 63 Prelps' v: “Winchomb «0 0 60005 aoe ee ee 351 Philbrook, PoiFer 2... 055050500 5 Vee eee eee 142 Prerpont vi ‘Oreued. ioe ee oe cee 92 Pignaz v: Burnettsi seis 6 ooo 06. oa ee. ee eee 45 Preche* Vs “PAWL? ot-ocys So see oa ghelcl See XV Piper; Appeal of. ../0ic32 0/3423 22 27) ae 40 Pittsburg ete. R. R. Co. v. Southwest ete. Ry. Co.287 Polackev: Gurnee... oo SS eee 10 Poland’ vw. Carrigan... 65608 ie US ae ee 152 Polloek vs -Geummnves, .7.7.6 0's a ee 166, 179 Pollok: v7; Sane Diego. . 0.66. 60600 65 Pond) vir Pode: 2 ood 6 iene oo eee Lae 164 Popper ‘vv. Broderick’: ).4"..)."...50 10. cane eee 224, 225 Porter, ‘ Wstate! Of. >. '.%)0/. e's tele's'etele wa ertane eta ann $s Porter *v. Imus¢. 2%.254,05540544.. 240 Ge oe 46 Porter v. Phomson: :i66/ 3.46585) 5 eee 97 TABLE OF CASES CITED. xliii PPE PETS * 0), re tc sth ot we SO elds wh ces 85, 86 Bete Oo SCOGH Scie eee aed tc aces Cee aut oes 99 Portrard KR. R. Co. v. Railway. Co.............05 292 DPMET OPA INGS 2) 6 occ ioe dee ds 34.6 EOE. oF. IND OL Peeenr Ve VE IISOR es sore reece ere wee ode sees SUIAVS 80 Person V." LiOGCKWOOG. «icc cece ce edo. Sek wold 146 MRE Ve NPV Scarce s icc be tee VE. ob hey 91, 121 eeeetee SE ATIC eee cade ed cade athe cll i osidecels 41 eer WVINP AMT 88 t. hte care cere ele de tlddue 84 Pere vee IINOM WHILE 22. SN als HTN 5 RIUM EIPOSMN OO. . once kk eae Nt te vot dened wale oe 181 UE APCAE SS cc oid a oi go vo oo oo cteteleat cvele oie oun 278 Peremeri vy Mtanisiaus Col... sled Ue. Oe 220 IMT EUNPTYLS SS a Said ivi ead oa at tua ot 6 whole biardtoree 91 NE CTT UO VT 010/50 'oma'e e's 'a'elele'o'etets ourete sid oot oft 76, 77 RET PANG FLEW 4's bo 'o hav ison 10's we eee de ote ute at eane 29, 62 PeTRRUy © PAMLGH © 5 cc 800s 6 oho 60% % 0 UE w oe ele le erewees XV Q EIECIOLD ER re, cles che Mis: e'k.c se clap tuna afd aiorgy esac Lt emery f NUNnS V.. Latnieister. . fac. ceuiess sp woe 159 Quige v. Evans..... Eh gc te hes Sn betta wend aaeto % 237, 254 R Heaiscn’ Vv: Sausalito ete. Co.........2.30002.. 149, 178 MII ESAT TV CLL Ss ss. sac cc cus cae ac ae cesses ota 26 MEI CLITA TTS. 5. vn 6 of ce o ois co we wise oo a os TL eLEt Rauer v. Williams.103, 112, 115, 116, 219, 220, eee MUMTRPE WET ESTBICI VOU C0. . cc vs se 'saac gassjepe ese nes che, 91, 95 REI TOP SAT) SEPA TICIOGO, cep cco case cece ence cs 35 CrratsIe Dist.) V, FIAVAl.c.. cas cage pees pw hae % 39 Reclamation Dist. No. 108 v. Evans............. 30 MTA tion List, INO. I24V. Grav. ...cs+ ec ccame 271 Meemtieirs etc, CO, Vv. WeCULANES. .5.20:ccecrccsscee 267 IETS ESE LM ee there tate nota! Gane c cheneie aus's ce ht Oe T5r Reed vy. O1mnibus R. R: Co.......... XSiiL xv, 16% 17Te IIIT GEG Ct ci a a abc cos ak cea use es atest 13 EPID ONT to. o's sccm opaawmgs scat eet 215 MEET EG, scien aie cis og se 0 ss ole + tine * ce 6.0 176, 180 EES C0 fg tet So sid aus a\urt sp pedo sc heninae 368 Ee ore er iss auera's s scape’ 0 a © a SRGRATE Sat Te ere Te ce ary ons se guu as oo pume.d ag Merle a 13 TSEC IOSIT CSIC 8 aia sie cs o.oo se 4 Gg ncs came sins cae 241 EE RUE E SS eee thc ler acc ee cn se 2 ole eee Ane nt erate 78 xliv TABLE OF CASES CITED. Richards v. Wetmore. .....-++.:-++>-:-ee> sean 163 Ricks? v. Reed . «6. < s0 + 00 eve 0 « 0 5 6 Siena een nnn 166 Rider’ v. Regan. ic) .«nwsi ede Ue ee eee 26034 Ritchie wv... Dorland . .... «., «0 one, « « asetese see 15Y Riverside Co. v. Butcher... ..:. «+ «atepeeleeenrn penne 341 Roach, WX. Parte... .,..<.... «so, 0c dim weer ehe le nen 243 Ropinson Vy. Dunn wet ee 2 118, 120 Robinson, , In re... 2.0. «000 40 en © 5 pyee eee een 10 Robinson v.. Magee. 2... oes sd we oe ee 43, 44 Robinson v.. Southern Pac. Rel.,Co..gi.7) eee 202 Hode ve Siebes 7.208 «seen ei 102, 108, 303 Rodley. vv.) Curry on, ., 5,0, <6: 0, issn) ony 0) eee 156 Roebling’s Sons Co, v. Butler sasssieayeeer See 278 Rogers, IN Teen « «ace, «, 0,0, « one aparece, telay ot ap a 24 RoWiDs: vy. Wrighet; so es Secs ee cee oe 46, 102, 346 Romaine, Hx parte... ... . sss. «= + «skeen ne 5 Rood. vs MceCargar, oo... +0 sss 2.+ 0s 21s enn XV Rose v: Hstudillo...........05..2.5. Soe eee ®... 45 Rosenberg v. Wrank.../2.@. .....2.s00 eee 158, 159 Ross: v2 Whitman? . 2 5 200 se sce eee ein eee 68 Rowe; ‘HX’ partes ly ei 2) Bo Sa vt Royer, Estate oto ew oc cle > be eee en 200 Rudel v. Los Angeles. ...5..53%22%% 5 Soe oe ee 36 Rutledge v. ‘Grawford:...: 0.6 02's 00s alin sles dT tyan ‘Vv. JONNSON. 4. 205 sce eee oc. s s oumalanete eee 9, 15 WY Cerey, CODD...:.:....4.2 0.0, 0iglels «te ofkehe Ree 137, 160 Ss Sacramento.yv. .Cracker. ....... ++ .ci- 5 eee 255, 304 pacramento. Vv... Dillman: : ....3... - sss eee 255 Sacramento Bank v. Pacific Dank. 7 20... ee 278 Sah. Quah, In TEC... ccen's os. scopey = aiuue © ats aeaet nee 50 San Benito Co. v. Southern Pace. R. R. Co........ 299 San. Bernardino ete. Ry. Co. v. Havens... o... ee 39 San Gernardino v. Southern Pac. Co.).. oe 298 Sanborn we Belden. .. .. .. «sre a: «ass costae 37 Sanborn v. Superior Court...... . 8 + ay eee 178 Sanders: v.-Sehorm...... 0... as es ss esccere a ee Lt pan Diego -¥. DDaver. ....s.0% <6 «oa 0 os ee 195 San Diego v. Higgins... .. 4... 0.2 « os aie 307 San, Diego vy. Linda. Vista Irr. Dist.. .: <0 305 San Diego v. Riverside County............. 211, 319 San Diego Water Co. v. San Diego.......... 38, 324 Sanford v.. Head... .. 2 seis. so «052 > can 158 Memes rancisco V..ANGerson.... oo isis ce se oes 297, 302 Bema roncieco. v, Beideman), i.e). elie siowsl oak 44 San Francisco v. Broderick........ 110, 214, 215, 258 BeEreneinco V,. CANAVAN ...)...:.. GEL. Le. Sah aie 219 San Francisco vy. Central Pac. R. BrGak Cosh ant 319 pee renicisco. y.. Collings. 28. i cis 039 has 38 ET ACIGCO. Vr LIUTM ci gieccic acters cele apie oS sb 3leGUt 90 METAB OOS Ve (DTV ccs ov cle title SMa E op Vie alhte 297, 301 TM ESPORTS 60, | EY LOOGL. 0:5) soa:cre oo LL OR o wh « chee ee 297 San. Francisco v. Insurance Co.......... 1438, 252, 254 San. Francisco v. Kiernan............ 32, 95,.107, 269 San. Francisco v. La Société etc...............0% 298 RECO SV, LITE X oi oho eicrescvhie prerecssore bllde es be uate 319 San Francisco v. Spring Valley W. W........... et ae XY, 115;(92) 98, 102,271, 272, 2987302. Reereorieieco ty. ralbot foe. 7. US noe ce 297 San Francisco v. Western Union Tel. Co......... 299 San Francisco ete. Co. v. Bates....... 29 40, 268, 306 San Francisco ete. Factory v. Brickwedel....... 325 San Francisco ete. R. R. Co. v. Caldwell...... 34, 39 San Francisco ete. R. R. Co. v. State Board. Ie gine ove oe dh oe o PLUS 94, 108, 302, 318, 319 San Francisco’ ete. R. R. Co. v. Taylor,......... 38 San Francisco Gas Co. v. Brickwedel........... 262 Bae Prancisco Gas Co. vy. Dunn. coos... dee et ek 267 San Francisco Sav. Union v. Abbott............ 362 ea iseoriel Co. y.. Witmer Co...........0205 viii, 310 meneooee, w pan Jose etc, R. R. Conlit). 6 IM 304 San Jose Ranch Co. v. San Jose ete. Co.. .25, 26, 146 Pere uee may. bank .V. Pharisees 2c. Re 278 Seteisie- UDIspo. Vy, Drake... .. tai 7. Be x, 215 Sees ISDO. V.. Karnum....... sd. oe Fa 259 San Luis Obispo v. Graves...... 14, 108, 212, 214, 248 pan wus. Obispo v. Greenberg. .../ 20600 oes 250 San Luis Obispo County v. Felts............ 196, 32 Bae ation vy acer. Co. .v. Hstrada....... ae .yeeer 272 Pee YY. COODUIN..c.% st tl. oEalhe Vs cise Vor eee 40 Bee ia leo, vv. VV. v.. sharpstein. .% 20360 1. ok adh 37 ene er IT W', PST UTATLOT s 65/0) .-<- 0ceve acerone's ceva . 2 SRS PPEee rare Vv, .ulOred...i ccc. cceeeewvewa. 167, 177 EES Are Vo SOETINAM. fs .c oe off BENG ER 186 PMT MPERSAT ATS Ve. SULCAITISS oc)ciciesovercseoelaes 165, 304 NRNEMRE Se LUTIP ITIL eas vie sie aes a + 2p etlh Ba 104, 223 Santa Cruz etc. Co. v. Santa Clara.’..2......0.0585 15S TABLE OF CASES CITED. xlv Santa Cruz Rock ete. Co. v. Lyons.....0.....%.2. 28 xlvi TABLE OF CASES CITED. Satita Rosa. v..Coulter. .. iismcsiiutin.. .6 abe pees 5 ou aes Santa Rosa .City R. R. Co. v. Railway Co..... 5.142 Santa Rosa Nat. Bank v. Barnett...... 273, 275, 276 Sanders. v.. Haynes... iv tisies 1. oe Oe eee 166 Savings etc. Soc. v. Austin...... 71, 214, 298, 301, 316 Savings ete. Soc. v. San Francisco...........%.. 310 Schroeder. V. Grady... «.. 0.0.0 e.0.cls ice & oats te Raat eEennn 317 Schumiker v. Toberman....../it..s-sseb0m 29, 254 SCRWALtzs . Vi WiIISOD. ....0:0 01010 0 bad bs le Oe 262 ScouayY v. ‘Butte. Co....0.). wives ie at GALS 79 BEALS UY. GAOT. 0. new ineow cll Mi oul. 2 F oe okie eee 244 Siddall. vy... Harrisons .2k 23) 236 2:65) eee ee 169 Stemssen Vv. Bofers's. ves... ces «0. is De 50 Sievers v. San. Franciscowsiit .o. AikG2. ee eee 36 Sinimons v.. brainard.).......oses «2% See ee 148 Simons. y; Bedell... . 2. ae Bite Se ee 158, 163 Sinty dée, Hx Hartel... ...2ovsee te. eee 242, 250 Sinton v.cAShbDuUry o... -Bvew ieee ee oe ETE Ride 225, 253 Skillman y. Lackman........... wie k SPR EG 147, 148 Skinner .v. Buck. ..:.. 00563 043 22% 203i). ee ee 25 Slocum. v..Bear. Valley. Irr. Co..niico ko. cae 105 Sihilie v.. Fresno. .. .)s. scuttle oo. oe. ee eee 263 Shith ww. ADNALEWS.. ..< 0.0.0.0 ie :c.c-0.0 wile hible dike alee ee 169 Smith:v. Broderick..........a0i.0%. 2% Seine 262 Sinith. v. Brown. 2. 00 ols wtih Sis. oe SPREE 351 Seat WV.) DUT. 1 o's co ioe 0 wo wd CDAD. ce 110, 120 Suiith) ex. parte... 12 ses vs 6s FR ee 41 Sidithiv. Warrelly 244).7 .2igen. ese bade «ESO le buy ee 305 Sinith. v.. Kenfield. ciivv.d oi. a). 299. 110, 186 TABLE OF CASES CITED. xlvii PRRSME RIO LICTINOLL, ... nce sc ccs cc us sien 102, 107, 358 NTN nn oa. o wile ein aiais, meth sae ¢ oefareseXls up 6 43, 47 TEE ETC og. bala edie a dino o:s « Htcia ef the"bty oiem 153 RE RMIOATUIOIS. FR. Fe. Ge oo cce wntace ofithtam Bila omit 179 Drs 1. LIA WIETICG) CG? fist ie de am) slicca tn cine ey 5% 17 CST TMMELL OTT gin sy 5 ote 2.0 akpidwle xine mak 62, 63 MIEEEMEEANY OMUCTUCIO ... . «Gu ireiee a oe ittewlal Ue * we aiding 169 Beet ce Weating, FX parte. .. 6.0 + drape 4, 14, 16, 219 eo on, BEL a on oe auch alate Wale *. asonhit 79 SIME DECC TICCLCL) . . . 5 5 5 as os ase my ppd 6 acerecery 2 EEO es og Sv ang 00 5 Sais lath 's ape Sapte bes 244 SUE TEMEIL OOS 6), os sos vos 0s el siddigiele aig sme 148, 156 cco ng ce 00 eh ane oh «G+ dupes SOL Sue Glew Banik .V.. EVIL]... 5 sae ois) * ovy © misietere 278 Southern Cal. Ry. Co. v. Superior Court......... 150 PAC a Ty., Fy. OO We ELEC Ye. «she 0:4 mie oy qoethcs 167 peeeroeb ne kts Oo. ov. REED. 46..« of evans visio ase South Pasadena y. Terminal Ry. Co......... 245, 249 ES CRUDE Y 1S nave wey poole. o.oo 0 0 omieeid RIN o a. eon 354 IEE Ns te oo. yc tisiete ul OAK o-ciw ainseia eben we 181 OIG ORVALIO cos ay cares oacle es pais 138, 237, 239 ERENCE WU WEOHGL 5 2h, oom 9 ogo « «04 Pai s.c%e ie * 919 mes 9ie 78 Se a A ay 360 Spencer Creek Water Co. v. Vallejo... .137, 165, 166 EOS OS USES 06, 57, 59, 94, 105, 349 EMME EEL LL) 5 5 6s 0:97 #.9.9'9 9.0 9 cla'eisisble «sto teas 350 Spreckels v. Hawaiian Com. ete. Co............. 158 Petter AULCY. NVI Wy BSrDery « cccie ¢ «ieee ® 9:10 297 Sere CMON COW , Vy DArtletl.. 4-2 svainises ap ome 325 Somneevauey, WwW. V. Bryant: 6.5. ite cies wees 2702 Spring, Valley W..W. Vv. Drinkhouse............. 37 Spring Valley W. W. v. Schottler. .267, 298, 303, 326 Spring Valley W. W. v. San Francisco.......... Pree. eT O PASO 2605 273, acc, sdeos! O24, oaot oon NNT EGLO NCSC NE Bisa cds i ive yn wooo we ance ye wha bee gh o> Wet ple AT WUE AIEE BIBL DLOrOL.. os . «sews ods ana cd oind 91, 109, 118 rneerdn ys SGD , WLAIGISGG. 0.0.0.6. Sicials alele o We Wm wa 36 EGR Lis ioP ie ods dpe re jake iaccveie soye hoi hath ahh a] og «Mis PS 86 ee IT LON chaste ninsedeiesoieiesavo,0.c.0fl eitlegiele-«, ge 40) pe ea See ESIPEEILOU CL. (22s ose veicsnseychelaid ¢ dale «oo aie) ale ofgid feibis IT MEME MIEL GT 5,cxnie ble Alyse 3 «dk «SG eld duels geht egee eo eee BCCI TIENT OIA ID), os cece. oder exes oiy 0, 0in Y alehe «che Sqaes 17 REE REID ORO Tis bake he ie sheds in ieieneie..e i tetidh akles wie toteas viii EE MES. 55 0) h xreccheysiexens, sal nica 43 ban « ror e ‘4 xviii TABLE OF CASES CITED. plate Vs McCauley ;% << :.. $s cape 8, 331 /18s2 State ‘Vi Purdy... 0150's’. 0's eitetateitetetots ‘ste 'skel enn nn 849 tate: vi Sloan se. sos 66 60 6 ht 6 ee 122 ptate-v; ‘Smith... 2. .sstls 4. 04 2 ae ee ee 50, 194 State v. Steamship Constitution............ 341, 342 state Census, In re... ..)%...<.esen bl Storer inked 76 Staude v. Election Commrs........... ix, 61,:63, 223 LCI Ve) OWL ois 'a.'.' 5's '0's so & ale ae = ae 283 stephen; FX Parte s toie'sio's'% “sle'e's‘e'ocutets ‘ate (EAS 244, 251 Stevens, IM: re.sccecsdcdcec Cae ce ees eee eee 137 Stevens vi Truman... 6566161664600 ee 63 Stevenson’ vy Colgan: /icisiicsessst ee ie ot eee xhoiiit Stewart Vv. KySeriis cs foossendases eens eee 60 Stilphen Vic Wares ssc ei. bl k.cctw eels Cleon ee 278 Stockton: v.. Insurance Co:; .2..1it.« ber. oe 224, 318 Stockton ete: Co. v. Galgiana. ¢.0)..00.-ctee en 38, 150 Stockton ete. R. R. Co. v. Stocktons. 45 5. eee no ate ed eae oe Ae ee ee xii, xiii, 34, 196, 284, 303 Stone: v. Hlkins: 2) :255 2si.:+04 fueh eee 2 S Stoppelkamp v. Mangeot: .: «sss es ss hella s eee 178 Storke v. Goux. os ificecscscscegae ee eee eee 241 Stratman; Hx parte: :si.5.6i 1s sues ot «cee 138 etuart; In he: ooi2 és 26265426 be eee eee 251, 3534605 Summerland v.: Bicknell.’ «2. 2070 ae see 16; 216.218 Sutherland. v/ Sweem, .... +++» +s 00s» \0sst ene 180 Suydam ‘v. MOore; sii iss sss sc 0 we crete seen 287 Swails v. White... .:5..'. sled o's 5 edits ae «se ee 99 Swamp Land Dist. No. 150 vy. Silver...s..0....%). 219 pyweet' v: (Lice) i sae ee ses ae ss Cele bo digitale amen 143 dh Tay-¥. Hawley. sidetes oasis. ab oe bie «.ot6 canbe 28 Daya Or FX! + DATUC Haws oo. «teiedigs geen "hg = he oo 224, 2414 MVaylor «vi FLIL. 2 osc 00 60 00 +00 sie «olsen eet TaAy1O Ve MOE. «0 once eles «sie sc 0 aele Serr 118, 120 Taylor :v.Palmer......... 29, 40, 254, 268, 296, 305, 306 Taylor Vs. Reynolds. ....000s0«e0se0 she eee 10 THY LOR Vet LAiOr. .> swat cue bho eke «o's 55 6 oe o 5 Tehama: Coz -V.. Bryan... «s-.4. si 0ldbe en 38 Teralta Land. ete.. Co..v. Shaffer... .. wifi. meee . 46 Terrett: V~~ Dylon oieie:cis:e:c:oseie-+0.01 01618 bible ne dD Thistleton, -EXX: DArte. «<0 «05 4 <0 «uae afin eee 147 THOMAS: ‘Ve ADGCISOD 6 -c. :o o10 ne 0 10-5 os 10 0d. 157 TABLE OF CASES CITED. xlix PERMA OS MOK PRTC. le lees cine 97 ‘rnomas v. Justice’s Court... .......08 2s ee ees 165, 180 ‘Thomason v. Ashworth............. .. 223, 269, 338 ‘Thomason v. Ruggles........... ix, 223, 269, 338, 360 aermmpeson’ V¥. * Willitines. <2 Vase. ok on 145, 170 aor Vo pan “Mrancisco.s 20:5 Se Ve Cie. ee ds 43, 46 Py MOPsLON Vo: HO@pers sigs cece s tere ee eww eee dl 43, 44 a erenter=vo-Atehigon: 62.5. 2b iisss ORNL... Ta 46 Tharkock Trr. Dist: -v. Williams. si... 6 6. ele lee 30 ELSIE I de cs cs sic tcc cesses aevanens 3 ENE TD oe oy so s-3.0 ole ss c a se sca ce ve os 159, 163 IETS SUOL GS tc)... on oss coho esas S ove okie way oft 362 SMES a8 oy os Ss byaherd mid am + o.9 ed ane 168 TENS SEE TOT OT os 5's ale Feito d'a, see» steasrm pidus mb one 164 es SSUDETION COUP. an wrcte pias wtp 0 wre seine 28, 161 RI Ve LV OD Ss ck ab atewera's < azo enero ors pom a05 29, 40 ER ENE PICU eS ids bw ordyince d © orgs excipperens 99 TA SUPP ESTOOIS 0 fof ooo! c's a ws ards tearesd 4 siege woidie « 169 Seer All POUGUIN CO: . oo de 5 tikes oreo wien done iach cea ee TMA AILO? (GO. cicliclneSd 0! dus + sm iord obs 00410! 0 oh rene 241 SEUNEMOPNVEDIGY sles ec cence esessvesas 305, 309 Ie Wa LL OD MOAT. situ erwipss ete eine ie erie ove 80 0 4 285 IE CG PO ASAT INO 02.2%". Wedges dpa pn, roa, 6. vip 30.0 ce 97 MAREE EM Ce Cutt G 8, 5 2s. % 'oie.4 0s be 10 010 a vehepeunee on 78, 185 Tee ELIT DLCT’. 2° 0%e e's sieves be e aiwmisss ¢ oye open 143 IIE RST TA cs % eee 'o' si nibba bl elem owe sts viene te 349 MUMIUMM WERT EVICD o.oo cle ccc es ecceeen 106, 155, 156 MMI Oe Ve SOCILCTOS . 6 AEE ccc cece cas cee nse’ 241 Oem OILS “COs. So 6c ccs ce clade ce es es 210: Tulare Co. v. May...... 15, 108, 110, 171, 172, 217, 258 Tuolumne Redemption Co. v. Sedgwick.......... 46. een ate, 1 ISt. Ve lliamss cose eos. ES 296. mena rer SOS ees oes oP Ea 2 oO Prrneriy. Pink yO 0... ss esgie resi ek 15, 107, 215 meray © NAATRNOU My... etc cc ce cece te 78, 135. a usenioosa i. Co. y. Olmsted: ....52.00..50 405 ee EE ERSTE Re ea ieiae aes. c's coa's. bit eee ey POLE 46. PPP PPCETTOs ses sost essa sree ree ee: 242, 247 eC E ICS LOM Nae. Si ess he ce ete wate hele TABS eee INTE COOLS Ss COs ie ee eee 36 U Underhill v. Santa Barbara etc. Imp. Co......... 283 umererinies vy. Ballin’ 2c co ce See 79 IETEELOO WW. COOPUCT. «2... oc ose ccc ee 5 te tieis cc 80 Constitution—y ] TABLE OF CASES CITED, United States v. Greathouse... ... ssa eee eae 51 Wnited! States .v: Hanway << sats sees Shee AL United: States ‘v.. Hartwell .. . ¢2chcuepteuke eee 351 United: Statesv: Rhodes. .. .. . sus >rs eee ae 5 University of California v. Bernard.......... xii, 98 Upham .v. Supervisors... ... +. sss sae ae 69, 208 Wridias ve Morrille<.. 2420s... wee ,64, 138 Urton vi. WilSOMs. «2. «2.44.2 0s « plaseese eee 335 Wrton wv.) Woolsey is. ancanine . i sae ated er V Wall Ve peath LDICPU IOs. tie. etete to tae eee 13, 103, 111, 215 Vanderhurst 'v. Tholeke.. 5 62. 4 ee 247 Van Harlingen ‘y. ‘Doyle: ..:.20. eseee: eee 15,°62 Van Hoffman ‘vy: Quincy... 059 . eee ee eee 5 Van Valkenburg v.. Brown.’.’.:.. 20% fs. 6. one eee 56 Vassault ‘v. Austinvssf05 030 007 ee eee ee 188 Vaughn’ v. Eenglishi.. . 22... ss. eee ee oe ABT, SOL Yentura Co: ‘v. "Clay: 22.232 2a eee 157, 256 Vernon School Dist. v. Board of Education...... Bee arene e ota so he ota tule te Bee ete 96, 103, 227 Vilhaec’ vy. Stockton ‘ete. R: Ri Cosy ares ee 37 Vincent v; ‘Chicago:etc. BR. Re ‘Corse eee 1s e200 VOL Hx Parte’... '08%s'so%ale n'a le ete sete (senna ee 8 Votan’ v. Reese ws. 25 oS coe ee ane en 147, 148 Vuliceyich ‘vy. Skinner. ..°.'..8.) 7/0 te oie foe kOe W Waldron «v.; Railroad: Go.%..5 5 «.. ... « «seinen aa 287 Walkerly, Estate, Off, si .:s css’ »:srsisiesquues hae en LD Wren: Hix parte. ..«s <.«aewiasteb tae «ne ee 69, 212,. 213 Wiailineford, “Mix parte....... «0. ,<0ls « «. ost eee 305, 306 Walther v. Rabolt. ......... ss. ss). ois, one 5, 49 Woardiew, HlOOd ei ok. cic oe 6 0's 5 5: o:0 0 = ween ee 195 Wares ve: Robinson... ... «5.220 +» » «pny epee 26 Warners ¥. (Halls .os.0..6.. 000» 0 » site) epee 146 Warner -V. > Reedy vis é cieiac avec ole cavers ik » pe 146 Washington veo-Black,.. ith. 3. <6 sae eee x, 92) 265 Waterloo etc. Roads» Co. v., Cole.-. ,.«...05 5 ee 212 Watt ov. Wright. -.c.% cies - 2 oe aunatpiee sup tee Jia Weaver v. San-rancisco. < 2...««.si see 262,. 263 TABLE OF CASES CITED, li RIE PE RARYIGOI. 4. oso <5 www ctO » OONSRA delete 154 emer mE . OlLATA. CO. ccac occ shit FUL sues 3¢ Weiderkind v. Tuolumne Co. Water Co.......... 185 PI eR ESODLCIG . oc ano Pee tek « are vii, 82, 352 eeiGie oy. Strother... oe cccileis ered taeuloalid. oe. be 263 Wells v. Black..... cowie aie) dala ee Ride as 2 275, 276 ORE RED TG onc areresatsconcpesepaiitg:s,n;a,aftPahlt Rit We «e's HEN 189 Gee pL OLLANOCGS Sotlen Gime Chad Mie de a 7. Teidle OE 169 Wells, Fargo & Co. v. Board of Equalization....318 Veen eeceease, 0... onright.... ooeticc. ... ses : ; 278 PCPs reel ire oyhely oie. liniewel). on Sake Su Medico 2G, oL.05,2110;. 212.°2139:215,1-216,-2217;.240 EE Beg in own oo oo wn ow te CIT Gale 96, 243 West Phil. Pass. R. R. Co. v. Union Pass. R. Co. 81 SET UKs DATTC 1 a's <2 a Heider Ie es o% pyle 106 Western ete. Co. v. Knickerbocker.......... 72, 104 OT SPOIITICLL. © cus ¢ sth at wie otic solo cc ee'e dow eee 153 White, Ex parte.......... Sirs lene stake rah cackuerh’ 6 ttabe a 248 EET IG IAL ce 5.6 sie 0a 0 vas ee vies eo 0 at 08 6 oye 146 Pea T IMMER UNECSLULO TC, , e's. oo es ws sce cs cs yee seme © 278 Whiteman v. Wilmington etc. R. R. Co.......... 130 SINE TATU ong w'cis 4 ye de p.c sf asaee se se cae 359 Whiting v. Quackenbush’. ..........% 29, 40, 268, 306 Weehibiioe ys LOWODSGHO.. s0iso cc... 29, 40, 63, 268, 306 MMT SCE TORO) 1 5° ys ops oc-cise ee ne tees cese ees 6 77 ITT LILO oh. yc sic nice oes salem tncas ct ces 249 Semorina ¥. DYittal soso. ce oe ue 168, 358, 368 PPP CUCE ESIC. 7. ol cls ccc ce fe a> Lo. 1G) LU EEE EUSA INTIU. aed tt ce ce eee esc e Pec ee em e's oc 168 RE OREM MMMEERAFILC IDS datdic se cle cag’ w wleipiitelciclads aletec s 145, 161 UUM MCITIS VAL Gai 4 lpiwh, os cv tcc evcc cece tes 6 ciss La TPM TaWee UDCTIO“N. COUT... 0200 ods Meds 0% ole 18, 31 es COL COLADD 4: cecss.easecesossiniovestieverdidl bud os 3038, 305. MMII TPeITR STON AVC oo. fcc ccc dines eciersiece 106, 107, 362 NPEINRIIEEUT MOV TILISITIN 6 Go e's cc aaa sc s't'ss cane ses ee 159 REE A WRONM sir ental W ots liva pléles coe se se 80-8 152 MEME ESR ISDS scien Sic sais ea iss dp noe 8 6 oo 0: 0's xv,: 29 EN ETN DT PO iy cre sine a ie 18. 19. 20. ot SF OU Be Oo Be CONTENTS OF CONSTITUTION OF 1879. ARTICLE V. EXECUTIVE DEPARTMENT. Executive power vested in governor. Election of governor and term of office. Eligibility and qualifications. Returns of election—Counting votes. Governor to be commander-in-chief of militia. Executive business of. To see that laws are executed. To fill vacancies in office. When to convene special sessions. Messages to legislature. When to adjourn legislature. Disability to hold other offices. Keeper of seal of state. To sign and seal grants and commissions. Lieutenant-governor—Election of, ete. When powers of governor devolve on. State officers—Election and terms of office. Secretary of state—Duties of. Compensation of state officers. Governor—Ineligible to United States senate. ARTICLE VI. JUDICIAL DEPARTMENT. Judicial powers. Supreme court, how constituted. Election of supreme justices. Jurisdiction of supreme court. Superior court, jurisdiction. Superior court, how constituted. Superior judges, apportionment of husiness. LH Lr Lr Lr Gr Cr LR CMrMnr MMR Lr Mm GT Ge ro hw bh bd wb i) Or 10. 11. 12. 13. 14. 15. 1. 2. ee ee CONTENTS OF CONSTITUTION OF 1879. lvii Judge may hold court in other county—Judge pro tempore. Leave of absence—Limitation of time. Justices and judges, how removed. Justices of the peace, provision for. Courts of record. Jurisdiction of inferior courts to be fixed by legislature. . Clerks of courts and court commissioners. Judicial officers not to receive fees and per- quisites. Supreme court opinions to be published. Compensation of justices and judges. Justices and judges ineligible to other offices. Charges to juries. Style of process. Reporter of supreme court decisions, Judges not to practice law. Eligibility of justices and judges. Condition precedent to draft of salary. - ARTICLE VII. PARDONING POWER. ARTICLE VIII. MILITIA. Organization and calling forth of. Device, banner, or flag to be used. lviii $- 7d: S) 2s § 3. § 4. § 5: pen: Sint: Sane. Sapo. § 10. eee CONTENTS OF CONSTITUTION OF 1879. ARTICLE IX. EDUCATION. Promotion of intellectual improvement. Superintendent of public instruction. County superintendents of schools. School funds, source and origin, and how ap- propriated. System of common schools to be provided. School system, what to include. Text-books, who to adopt—Local boards of ed- ucation. Sectarianism prohibited. University fund, creation, management, and application of. Leland Stanford Junior University. The California School of Mechanical Arts. ARTICLE X. STATE INSTITUTIONS AND PUBLIC BUILD- G2 Lr LD hp om Sere Co te INGS. State prison directors, appointment and ,term of office. Authority and duties of. Power of appointment of employees. Allowance for expenses. Powers and duties to be regulated by law. Convict labor to be regulated. ARTICLE XI. CITIES, COUNTIES, AND TOWNS. Counties as subdivisions of the state. Removal of county seats. he mp tr tra Lr tp or Or LP? wr wr CP chr MP Ur cor in ~ Ste. 10. ibe 12. 13. 14. 15. 16. i, 18. 19. aw oo bo CONTENTS OF CONSTITUTION OF 1879. lix New counties, establishment of. County governments to be uniform, under gen- eral laws. Boards of supervisors, election and appoint- ment of. Municipal corporations to be controlled by gen- eral laws. City and county governments may be consoli- dated. City charters, how framed and ratified. City and county charters, to contain what. Compensation of officers. State taxes, no release or discharge from. Local police, sanitary, and other regulations may be enforced. Assessment and collection of taxes. Powers not to be delegated to special commis- sion, ete. Inspection officers, appointment of. Private property not liable for corporate debt of municipality. Moneys, etc., to be deposited with treasurer. Making ‘profit out of public funds a felony. Restriction on power to incur indebtedness. Street improvements. ARTICLE XII. CORPORATIONS. Corporations to be formed under general laws. Dues to be secured by individual liability, ete. Stockholders to be individually liable. Corporations construed. Banking prohibited. Existing chartars, when invalid. or 10. ai 13. 14. 15. 16. Habs 18. 19. 20. 21. oa 23. 24. 1%. _ CONTENTS OF CONSTITUTION OF 1879. Charters not to be extended, nor forfeiture re- mitted. All franchises subject to the right of eminent domain. Restrictions on powers of corporations. Liabilities of franchise under lease or grant. Corporation stock, restriction on issue of. Election of directors—Cumulative or distribu- tive votes. State not to loan its credit nor subscribe to stock of corporations. Corporations to have office for transaction of business in stocks. Foreign corporations, conditions. Corporations, where to be sued. Transportation companies, rights and liabili- ties of. Officers of corporations, restriction as to in- terests. Free passes on railroads prohibited to state officials. Fares and freights to be regulated by govern- ment. Discrimination in charges by carriers forbid- den. Railroad districts, organization of. Temporary railroad districts. | Legislature to pass laws to enforce this article. ARTICLE XIII. REVENUE AND TAXATION. Taxation to be in ‘proportion to value. Churches exempt from taxation. Land and improvements to be separately as- sessed. CONTENTS OF CONSTITUTION OF 1879. lxi £3: Sectionized and unsectionized land, how as- sessed. § 4. Securities, taxable. § 5. Contract of borrower to pay tax on loan void. § 6. Power of taxation cannot be surrendered. ~ § 7. Payment of taxes by installments. § §. Annuai statement of property to be given. § 9. State board of equalization. § 10. Property, where assessed. § 11. Income taxes. Seige Fol tax. § 12%. Young trees and vines exempt from taxation. § 13. Laws to be passed by legislature. ARTICLE XIV. WATER AND WATER RIGHTS. ARTICLE XV. HARBOR FRONTAGES, ETC. ARTICLE XVI. STATE INDEBTEDNESS. ARTICLE XVII. LAND AND HOMESTEAD EXEMPTION. § 1. Homesteads. § 2. Land monopoly. § 3. Lands granted only to actual settlers. Constitution—yi bi CONTENTS OF CONSTITUTION OF 1879. ARTICLE XVIII. AMENDING AND REVISING THE CONSTITU- Bo. Sree oa ers Sai: § 4. pee $5 2. RO. § 4. § 5. 3 sG- ae ee § 8. Sho § 10. § 11. TION. Proposal of amendments—Submission to vote. Revision—Convention for. ARTICLE XIX. CHINESE. Protection from alien paupers, ete. Corporations prohibited from hiring Chinese. Public works, Chinese not to be employed on. Coolieism prohibited—Removal of Chinese. ARTICLE XX. MISCELLANEOUS SUBJECTS. Seat of government. Dueling, disabilities arising from. Oath of office. Election and appointment of officers and com- missioners. Fiscal year. Suits against state. Marriage contracts, validity of. Separate property of husband and wife. Perpetuities not allowed. Disqualification for office by giving or taking bribe. -4 Exclusion from office, jury, and right of suf- frage of certain persons—Protection of right of suffrage. Residence, when absence not to affect. PD QM LM LM Tr LT GL fad ped ped Reb fed fed ne SHPAAMAP w cor . 7) ~ cor oe ee! MSO MA OR Mr M™m Mm MN MM LM LM MH a ho CONTENTS OF CONSTITUTION OF 1879. lxiii Plurality vote to elect. State board of health. Mechanie’s lien. Term of office, duration of. Hight hours a legal day’s labor. Sex not a disqualification for business. Payment of expenses of convention. Election of officers—Term, when commences, ARTICLE XXI. BOUNDARY. ARTICLE XXII. SCHEDULE. Laws to remain in force. Recognizances, obligations, etc., unaffected. Courts, save justices’ and police courts, abol- ished—Transfer of records, books, ete. State printing. Ballots to be printed. | Registers, poll-books, ete., to be furnished. Who entitled to vote for constitution. Canvass of_returns of vote. Computing returns of vote. Terms of officers first elected. Laws applicable to judicial system, . Constitution, when to take effect. ac aT Al . ‘Soak ae i baa i a coll ed eSieee ; att al atteaeay “dhe Vom "ite fo me c olf Bat! ithe CAI ola i ne a .# ‘ os as al athe ‘g + ae : ifs weg ene ‘an song aeleng my RO BA i 1” T= fiat haar oa, sitiad Vil og aratts vielot wrptetuel ) DARE ror 0 Sed ‘ ; ¥ lett SORE i a es wl CONSTITUTION OF THE STATE OF CALIFORNIA. ADOPTED IN CONVENTION, AT SACRAMENTO, Marcu 3, A. D. 1879; Ratirrep By a VOTE OF THE PEOPLE ON WEDNESDAY, May 7, 1879. PREAMBLE AND DECLARATION OF RIGHTS. PREAMBLE. We, the people of the state of California, grate- ful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this constitution. STATE OF CALIFORNIA.—The names “The State of California” and ‘“‘The People of the State of Cali- fornia” describe the same party, and a statute which requires a bond to be given in one name is satisfied by a bond given in the other. (People v. Love, 19 Cal. 676.) ; FORM OF GOVERNMENT.—Our system is not a pure democracy, but a representative. republican government. (Hobart v. Supervisors, 17 Cal. 23.) Constitution—]1 (1) Avte 1, $1 CONSTITUTION OF 1879. 2 ARTICLE I. DECLARATION OF RIGHTS. Inalienable rights. Political power. Relation to the American Union. Religious freedom. Habeas corpus. Right to bail—Rights of witnesses. Trial by jury. Offenses, how prosecuted. Liberty of speech and freedom of the press— Trials for libel. Popular assemblies. Uniformity of laws. Military power. Personal and property rights. Eminent domain. Imprisonment in civil cases. CO? COP COP CO? Or COD COD COD COD ee 00> SU TF eee ea wrt arse. ess Cr (> > > Cr CL? YL ht ee pe ee On oo 6. Laws prohibited—Bills of attainder, ex post facto, ete. 17. Rights of foreign residents. 18. Slavery prohibited. 4 so Searches and seizures, restriction on. Treason defined. Privileges and immunities of citizens. Provisions of constitution construed. Rights retained by the people. Property qualification not required. Cr LP LP Gr > TH Cr OM ) ite bo ty Sar Section 1. All men are by nature free and in- dependent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protect- ing property; and pursuing and obtaining safety and happiness. 3 CONSTITUTION OF 1879. art: 2; LS PROPERTY.—The right of acquiring, possessing, and protecting property is one of the primary objects of government, is guaranteed by the constitution, and cannot be impaired by the legislature. (Billings Neuieu; ¢-Cal..1:) .- The right of protecting property is not the mere right to protect it by individual force, but the right to protect it by the law of the land, and the force of the body politic. (Billings v. Hall, 7 Cal. 1.) The right to acquire property is the right to use the proper means to attain the end; and the use of such means cannot be prohibited by the legislature, unless the peace and safety of the state require it. (Ex parte Newman, 9 Cal. 502.) An act requiring a party to pay for improvements put upon his land by a trespasser, against his will, is void. (Billings v. Hall, 7 Cal. 1.) So an act altering or destroying the nature or tenure of estates is void. (Dewey v. Lambier, 7 Cal. 347.) : The provision of section 1203 of the Code of Civil Procedure that a failure to comply with the section by filing a good and sufficient bond with the building contract in an amount equal to at least twenty-five per cent. of the contract price shall render ‘the owner and contractor jointly and severally liable in damages to any and all materialmen, and subcon- tractors entitled to liens upon property affected by said contract,’ is an unreasonable restraint upon the owner of the property in the use thereof, and is an unreasonable restriction upon the power to make contracts, and is, therefore, unconstitutional. (Gibbs v. Tally, 22 Cal. Dee. 85.) An act authorizing the probate court to order a sale of the property of a decedent, when it is for the best interest of the estate, is valid. (Estate of Porter, 129 Cal. 86, 61 Pac. 659.) ‘But such an act cannot affect estates of decedents who died before the passage of the act. (Brenham v. Story, 39 Cal. 179; Estate of Packer, 125 Cal. 396, 58 Pac. 59; Estate of Freud, 131 Cal. 667.) An ordinance requiring street-car transfers to be issued and delivered within the street-cars from which the transfer is made, and received only within Art. FE, $1 CONSTITUTION OF 1879. 4 the car to which it is made, and forbidding any person to whom a transfer is issued to give away, transfer, or sell the same, is not in violation of this section. (Ex parte Lorenzen, 128 Cal. 481, 61 Pac. 68.) An act requiring litigants to take the oath of alle- giance is not in violation of this section. (Cohen v. Wright, 22 Cal. 293.) A statute exempting a municipal corporation from liability for damages for injuries sustained by any person on its graded streets, but making the officers of the city liable therefor, is valid. (Parsons vy. San Francisco, 23 Cal. 462.) Business.—The legislature cannot forbid the lawful pursuit of a lawful occupation on one day of the week any more than it can forbid it altogether. (Hx parte Newman, 9 Cal. 502. But see Ex parte An- drews, 18 Cal. 678.) But this provision does not prevent the legislature from prohibiting the conducting of offensive trades within the limits of a city. (Hx parte Shrader, 33 Cal. 279.) So an ordinance making it unlawful for any per son to covduct a laundry within certain limits with- out a certificate from the health officer as to its sani- tary condition, and a certificate from the fire ward- ens as to the condition of the heating appliances, and forbidding the operation of any laundry between 10 P. M. and 6 A. M., or on Sunday, is valid. (Hx parte Moynier, 65 Cal. 33, 2 Pac. 728.) An ordinance making it unlawful to play any in- strument, etc., in any saloon, ete., after midnight, and for any female to be in any saloon, ete., after midnight, does not violate this provision. (Hx parte Smith & Keating, 38 Cal. 702.) Sunday laws.—In Ex parte Newman, 9 Cal. 502, it was held that an act making it unlawful to trans- act any business upon the Sabbath, except certain designated ones, was in violation of this provision, on the ground that the legislature can no more for- bid the lawful pursuit of a lawful occupation on one day of the week than it can forbid it altogether. This decision was overruled in Ex parte Andrews, 18 Cal. 678, and Ex parte Bird, 19 Cal. 130. 5 CONSTITUTION OF 1879. Art. I, §§2,3 An act making it a misdemeanor to keep open a barber-shop on Sundays or other holidays is in vio- lation of this section. (Hx parte Jentzsch, 112 Cal. 468, 44 Pac. 808.) Sec. 2. All political power is inherent in the people. Government is instituted for the pro- tection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. THE PEOPLE.—The people are such as are born upon the soil, and such foreigners as may elect to assume the obligations of citizens by naturalization. Those who are not of the people have no share in political power; and, therefore, an alien is not eligi- ble to an office in this state. (Walther v. Rabolt, 30 Cal. 185.) Sec. 3. The state of California is an inseparable part of the American Union, and the constitution of the United States is the supreme law of the land. AMERICAN UNION.—The United States constitu- tion is the supreme law of the land. (U.S. Const., art. 6, sec. 2; Prigg v. Commonwealth, 16 Pet. 628; New Jersey v. Wilson, 7 Cranch, 164; Terrett v. Taylor, 9 Cranch, 48: Von Hoffman v. Quincy. + Wall. 535; Taylor v. Taintor, 16 Wall. 366; Ex parte Romaine, 23 Cal. 585.) The object of the United States constitution was to establish a government which, to the extent of its powers, should be supreme within its sphere of action. (Dobbins v. Commrs. of Erie Co., 16 Pet. 435; Ableman v. Booth, 21 How. 520; Cohens v. Vir- ginia, 6 Wheat. 264; United States v. Rhodes, 1 Abb. U. S. 44; McCulloch v. Maryland, 4 Wheat. 316.) The constitution of the United States is a part of the organic law of each state. (Taylor v. Taintor, 16 Wall, 366; Ex parte Romaine, 23 Cal. 585.) Art. I, §4 CONSTITUTION OF 1879. 6 Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrim- ination or preference, shall be forever guaranteed in this state; and no person shall be rendered in- competent to be a witness or juror on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. SUNDAY LAWS.—In Ex parte Newman, 9 Cal. 502, it was held that an act making it unlawful to transact any business upon the Sabbath, except cer- tain designated ones, was in violation of this provi- sion. In reaching this conclusion, the following prin- ciples were laid down: Our constitutional theory regards all religions, as such, as equally entitled to protection and equally unentitied to preference. Where there is no ground or necessity upon which a principle can rest but a religious one, then the constitution steps in and says that it shall not be enforced by authority of law. When the citizen is compelled by the legislature to do any affirmative act, or to refrain from doing anything, merely because it violates a religious prin- ciple or observance, the act is unconstitutional. This provision does not mean to guarantee merely toleration, but religious liberty in its largest sense, and a perfect equality, without distinction, between religious sects. An enforced observance of a day held sacred by one of these sects is a discrimination in favor of that sect, and a violation of the religious freedom of the others. This decision, however, has been overruled by later cases: Ex parte Andrews, 18 Cal. 678; Hx parte Bird, 19 Cal. 130; Hx parte Burke, 59 Cal. 6. WITNESSES.—This section means that a witness is competent without respect to his religious senti- ments or convictions—the law leaving his compe- 7 CONSTITUTION OF 1879. Art. I, §§5,6 - tency to legal sanctions, or, at least, to considera- tions independent of religious sentiments and convic- tions. (Fuller v. Fuller, 17 Cal. 605.) ~ Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in eases of rebellion or invasion, the public safety may require its suspension. HABEAS CORPUS.—This right is to be exercised in a reasonable manner. The writ should not issue to run out of the county, unless for good cause shown—as the absence, disability, or refusal to act of the local judge—or other reason showing that the object and reason of the law requires its issuance. Nor should it issue from the supreme court in any case, except under the same circumstances. (Hx parte Ellis, 11 Cal. 222.) As to what courts may issue writs of habeas cor- pus, see article 6, sections 4, 5; People v. Turner, 1 Cal. 148; Ex parte Perkins, 2 Cal. 424; People v. Booker, 51 Cal. 817; Tyler v. Houghton, 25 Cal. 26. Sec. 6. All persons shall be bailable by suffi- cient sureties, unless for capital offenses when the proof is evident or the presumption great. Ex- cessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punish- ments be inflicted. Witnesses shall not be unrea- sonably detained, nor confined in any room where criminals are actually imprisoned. BAIL.—Admission to bail in capital cases, where the proof is evident or the presumption great, may be made, under our constitution, matter of discre- tion, and may be forbidden by the legislature. In all other cases the admission to bail is a right of the accused, which no judge or court can properly re fuse. (People v. Tinder, 19 Cal. 539.) Art. 1, 87 CONSTITUTION OF 1879. S An act making admission to bail matter of discre- tion in all cases where the punishment is death, un- less the proof is evident or the presumption great, is in conflict with this section. (People v. Tinder, 19 Cal. 539.) This section does not prevent the court from order- ing the defendant into custody as soon as the trial is commenced. (People v. Williams, 59 Cal. 674.) This provision applies only to cases in which the party has not been already convicted. (Ex parte Voll, 41 Cal. 29.) A person arrested for felony must, in order to pro- cure bail, be taken before the magistrate who issued the warrant, or some other magistrate in the same county. (Hx parte Hung Sin, 54 Cal. 102.) WITNESSES.—A person detained as a witness ninety days, and after several continuances not Sat- isfactorily accounted for, is entitled to his discharge under this section. (Ex parte Dressler, 67 Cal. 257, 7 Pac. 645.) PUNISHMENT.—“‘Cruel and unusual punisbmen's”’ are punishments of a barbarous character and un- known to the common Jaw. (State v. McCauley, 15 Cal. 429.) A statute authorizing the leasing out of convicts is not in violation of this provision. (State v. Mc- Cauley, 15 Cal. 429.) A law making an offense punishable “by imprison- ment in the state prison not exceeding five years, or in the county jail not exceeding six months, or both,” is valid. (People v. Perini, 94 Cal. 5738, 29 Pac. 1027.) Sec. 7. The right of trial by jury shall be se- cured to all, and remain inviolate; but in civil actions three-fourths of the jury may render a ver- dict. A trial by jury may be waived in all crim- inal cases, not amounting to felony, by the con- sent of both parties, expressed in open court, and in civil actions by the consent of the parties, signi- 9 CONSTITUTION OF 1879. Art. I, &7 fied in such manner as may be prescribed by law. In civil actions, and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court. TRIAL BY JURY.—This section only gives a right to a trial by jury in cases where the right existed at common law. (Cassidy v. Sullivan, 64 Cal. 266, 28 Pac. 234; Koppikus v. State Capitol Commrs., 16 Cal. 248; Woods v. Varnum, 85 Cal. 639, 24 Pac. 843.) It cannot be demanded as of right in an equity ease, but only in criminal and civil cases in which an issue of fact is joined. (Koppikus v. State Capi- tol Commrs., 16 Cal. 248.) The right does not exist in actions for divorce (Cassidy v. Sullivan, 64 Cal. 266, 28 Pac. 234); con- demnation proceedings (Koppikus v. State Capitol Commrs., 16 Cal. 248); proceedings for the removal of publie officers (Woods v. Varnum, 85 Cal. 639, 24 Pac. 843): or in cases of equity jurisdiction. (Pacific Ry. Co. v. Wade, 91 Cal. 449, 27 Pac. 768.) As to the right to a jury trial in an action to quiet title, where the defendant is in possession, see Hyde v. Redding, 74 Cal. 4938, 16 Pac. 380; Angus v. Craven, 132 Gal. 691, 64 Pac. 1091, and cases there cited. An act providing for the removal of officers for extortion, and providing generally that the practice governing other civil actions shall apply thereto, does not deprive the defendant of a jury trial. (Ryan vy. Johnson, 5 Cal. 86.) Petty offenses.—This provision does not prohibit the legislature from providing for summary proceedings without a jury in cases of such petty offenses as were enumerated in the English statutes at the time of the separation of the American colonies from Eng- land, or in cases where the offenses are intrinsically of the same nature and degree. (Ex parte Wong You Ting, 106 Cal. 296, 39 Pac. 627; In re Fife, 110 Cal. 8, 42, Pac. 299.) But where the offense falls within the legal or Ariel § 8 CONSTITUTION OF 1879. 10 common-law notion of crime or misdemeanor, and is embraced in the criminal code of the state, the constitutional right of trial by jury cannot be evaded. (Taylor v. Reynolds, 92 Cal. 573, 28 Pac. 688; Ex parte Wong You Ting, 106 Cal. 296, 39 Pac. O2T.) Vicinage.—By the common law, the trial of all crimes is required to be by a jury selected from the vicinage or county where the crime is alleged to have been committed; and the same right is secured by this section. Therefore, section 1033 of the Penal Code, allowing a criminal action to be removed to another county witliout the consent of the defendant, is uncon- stitutional. (People v. Powell, 87 Cal. 348, 25 Pac. 481.) Jurors.—A law taking away the challenge to a juror for implied bias, on the ground that the juror has formed or expressed an unqualified opinion as to the guilt of the accused, is constitutional. (People v. Ah Lee Doon, 97 Cal. 171, 31 Pac. 933.) The court may, in its discretion, permit a separa- tion of the jurors during the impaneling of the jury and the subsequent progress of the trial. (People v. Chaves, 122 Cal. 184, 54 Pac. 596.) Waiver of jury trial.—The legislature alone, and not the court, can determine what shall constitute a waiver of a jury trial. (Exline v. Smith, 5 Cal. 112.) The right to a jury trial is not waived by going to trial after it has been denied, and the denial of it may be reviewed upon an appeal from the judg- ment. (In re Robinson, 106 Cal. 493, 39 Pac. 862.) A plea of guilty is a waiver of a jury trial. (People v. Lennox, 67 Cal. 113, T Pac. 260.) Also a failure to demand it in a civil case before the trial begins. (Polack v. Gurnee, 66 Cal. 266, 5 Pac. 229, 610.) Refusal of, how reviewed.—The denial of a jury trial may be reviewed upon an appeal from the judg- ment (In re Robinson, 106 Cal. 498, 39 Pac. 862), but cannot be reached by a writ of habeas corpus. (Hx parte Miller, 82 Cal. 454, 22 Pac. 1118.) Sec. 8. Offenses heretofore required to be prose- cuted by indictment shall be prosecuted by in- 11 CONSTITUTION OF 1879. Art. I, §9 formation, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county. INDICTMENT AND INFORMATION.—A crime committed before the adoption of the new consti- tution may, after such adoption, be prosecuted by information. (People v. Campbell, 59 Cal. 248.) As to the distinction between an indictment and a presentment, see In re Grosbois, 109 Cal. 445, 42 Pac. 444. Under this provision a presentment by the grand jury for a misdemeanor is unauthorized. (In re Gros- bois, 109 Cal. 445, 42 Pac. 444.) This section does not prohibit a prosecution by in- dictment of any criminal offense, including a mis- demeanor. (Hx parte McCarthy, 53 Cal. 412.) A defendant cannot be put upon trial under an information until after examination and commit- ment by a magistrate. (Ex parte Nicholas, 91 Cal. 640, 28 Pac. 47.) The constitution has left the form of the indict- ment to the legislature. (People v. Kelly, 6 Cal. 210.) The provision of this section for proceeding in ; eriminal cases by information is not in conflict with the constitution of the United States, as not being “due process of law.” (Kalloch v. Superior Court, 56 Cal: 229.) Sec. 9. very citizen may freely speak, write, _ and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the lb- erty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous Art. I, $10 CONSTITUTION OF 1879. . 42 is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publication in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. LIBERTY OF THE PRESS.—This provision does not make all publications in a newspaper privileged. (Gilman v. McClatchy, 111 Cal. 606, 44 Pac. 241.) The liberty of the press is not more under the protection of the constitution than the liberty of speech, and the publishers of a newspaper can de- fend an action for libel only upon precisely the same grounds upon which any other individual could de- fend an action for slander. (Edwards vy. Publishing Soc., 99 Cal. 431, 84 Pac. 128.) A court has power to punish as a contempt a pub- lication charging a judge with “deliberate lying about the law.” ete, in a case before him. (Ex parte Barry, 85 Cal. 608, 25 Pac. 256.) Under this section a court has no power to forbid the representation upon the theatrical stage of the facts of a criminal case, pending the trial of such case. (Dailey v. Superior Court, 112 Cal. 94, 44 Pac. 458.) The last sentence of this section applies to the case of a person who causes a libel to be published in a newspaper, as well as to a publication by the pub- lishers and proprietors alone. (In re Kowalsky, 73 Cal. 120, 14 Pac. 399.) Sec. 10. The people shall have the right to freely assemble together to consult for the com- 138 ‘CONSTITUTION OF 1879. Art, -, 471 mon good, to instruct their representatives, and to petition the legislature for redress of grievances. RIGHT TO FREELY ASSEMBLE.—This section does not prevent the legislature from forbidding un- lawful assemblies. As to what are such assemblies, see People v. Most, 128 N. Y. 108, 27 N. E. 970; Rex v. Birt, 5 Car. & P. 154; Regina v. Neale, 9 Car. & P. 431; Beatty v. Gillbanks, 9 Q. B. Div. 308. . Sec. 11. All laws of a general nature shall have a uniform operation. UNIFORMITY OF LAWS.—This provision does not affect laws in force at the adoption of the constitution; and, therefore, while section 204 of the Code of Civil Procedure, relating to the impaneling of grand jurors, might have been void under this provision, a mere amendment to that section, mak- ing it applicable to the present judicial system, does not make it unconstitutional. (People v. Durrant, 116 Cal. 179, 48 Pac. 75.) General principles.—The word ‘‘uniform” does not mean “universal.” (People v. Twelfth District Court, 17 Cal. 547; Hellman v. Shoulters, 114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) All that is necessary to constitute uniformity is that the law shall operate uniformly upon all per- sons in the same eategory, and upon rights and things in the same relation. (People v. Henshaw, 76 Cal. 4386, 18 Pac. 413; People v. Twelfth District Court, 17 Cal. 547; Ex parte Halsted, 89 Cal. 471, 26 Pac. 961; Wigmore v. Buell, 122 Cal. 144, 54 Pac. 600.) A statute is uniform in its operation if it applies alike to all persons or objects within a class founded upon some natural, intrinsic, or constitutional dis- tinction. (Vail v. San Diego Co., 126 Cal. 35, 58 Pac. 392; Solano Co. v. McCudden, 120 Cal. 648, 53 Pac. 213; Cody v. Murphey, 89 Cal. 522, 26 Pac. 1081; Kahn v. Sutro, 114 Cal. 316, 46 Pae. 87: Murphy v. Pacific Bank, 119 Cal. 8384, 51 Pac. 317.) The meaning of this provision is that the legtsia Constitutiop— 2 Arto] Sai CONSTITUTION OF 1879. 14 ture shall not grant to any citizen or class of citi- zens privileges or in‘munities which upon the same term shall not equally belong to all citizens. (Hx parte Smith & Keating, 38 Cal. 702; Miller v. Kister, 68 Cal. 142, 8 Pac. 813; People v. Henshaw, 76 Cal. 436, 18 Pac. 413; Brooks v. Hyde, 37 Cal. 366.) Special laws.—It is only laws of a general nature that are required to have a uniform operation, and this section does not forbid special laws. (People v. Central Pac. R. R. Co., 43 Cal. 398; Brooks v.- Hyde, 37 Cal. 366; Addison v. Saulnier, 19 Cal. 82; People v. Twelfth District Court, 17 Cal. 547.) Particular acts held not to be uniform.—In con- formity with these principles, the following statutes have been held void as not uniform in their opera- ion: A provision of the County Government Act that, in vounties of a certain designated population, county licenses collected in cities shall be paid into the treasuries of such cities for street improvements (San Luis Obispo Co. v. Graves, 84 Cal. 71, 23 Pac. 1032); an act authorizing a named street railway company to operate a street railway on designated streets (Omnibus R. R. Co. v. Baldwin, 57 Cal. 160); a provision of the Insolvency Act, giving a right of appeal in cases of contempt—a right not given in other cases of contempt (Ex parte Clancy, 90 Cal. 553, 27 Pac. 411); a law requiring cities of two desig- nated classes to make an effort to agree with the owners of land sought to be condemned, before in- stituting condemnation proceedings (Pasadena _ y. Stimson, 91 Cal. 238, 27 Pac. 604); a provision of the County Government Act of 1883, that the boards of supervisors of counties of certain designated classes may allow county officers a deputy whenever in the opinion of such board the salaries of such of- ficers are insufficient (Dougherty v. Austin, 94 Cal. 601, 28 Pac. 834, 29 Pac. 1092); the provision of the Australian ballot law for the voting of straight tickets by stamping the ticket opposite the name of the political party to be printed at the head of the ticket (Eaton v. Brown, 96 Cal. 371, 31 Pac. 250); an act providing that in cities having boards of edu- cation, the city treasurers are to have the custody 15 CONSTITUTION OF 1879. Art. I, $11 of the state and county school money appropriated to the city (Bruch vy. Colombet, 104 Cal. 347, 38 Pae. 45); a provision in the County Government Act that, in counties of one particular class only, witnesses in criminal cases shall be paid the same fees as jurors, in the discretion of the judge (Turner v. Sis- kiyou Co., 109 Cal. 332, 42 Pac. 484); a provision of the County Government Act that, in all counties of one particular class, certain additional fees shall be collected for filing the inventory in estates of deceased persons (Bloss v. Lewis, 109 Cal. 493, 41 Pac. 1081); the Primary Election Law of 1895, be- ing confined in its operation to counties of the first and second class (Marsh vy. Supervisors, 111 Cal. 368, 43 Pac. 975); a law giving the district attorney super- visory control over fees of justices of the peace and constables in criminal cases (Dwyer v. Parker, 115 Cal. 544, 47 Pac. 372); an act fixing different rates of liability upon stockholders in different cor- porations (French v. Teschemaker, 24 Cal. 518); the provision of the County Government Act that no supplies, ete., shall be purchased for the county from any person who has not had a business in the county for a year prior to the purchase (Van Harlingen v. Doyle, 22 Cal. Dee. 356). Particular acts held valid.—On the other hand, the following acts have been held not to be obnox- ious to the provision of this section, and valid: An act whose object it is to legalize the assess- ment of taxes in San Francisco, since it is not a general, but a special, law (San Francisco v. Spring Valley W. W., 54 Cal. 571); an act establishing dif- ferent fee bilis for separate counties, not being of a general nature (Ryan v. Johnson, 5 Cal. 86); an act to remedy the failure of the tax collector to publish the names of the owners, ete., it being not a general, but a special, law (Moore v. Patch, 12 Cal. 265); the provision of the County Government Act of 1893, empowering certain of the county officers in counties of one class to appoint a certain num- ber of deputies, whose salaries are fixed by the act and made payable out of the county treasury, al- though in other counties the principal must pay the salaries of his deputies (Tulare Co. v. May, 118 Cal. Artcl.s § dl CONSTITUTION OF 1879. 16 303, 50 Pac. 427, overruling. Welsh v. Bramlet, 98 Cal. 219, 338 Pac. 66, and Walser v. Austin, 104 Cal. 128. 37 Pace. 869); an act subjecting trespassing ani- mals to attachment without the aflidavit required in other cases of attachment (Wigmore vy. Buell, 122 Cal. 144, 54 Pac. 600); a law providing that assessors in counties of one particular class shall pay all per- centage for the collection of poll taxes imto the county treasury (Summerland y. Bicknel), 111 Cal. 567, 44 Pac.-232); an act providing for police courts in all cities of a designated population, and proyid-: ing that it shall go into effect upon the expiration of the term of office of the present police judges of such cities (People v. Henshaw, 76 Cal. 436, 18 Pae. 413); an act providing for the commitment of minor criminals to nonsectarian charitable corporations at the expense of the county (Boys’ and Girls’ Aid So- ciety v. Reis, 71 Cal. 627, 12 Pac. 796); an ordinance prohibiting public laundries in designated parts of a city (In re Hang Iie, 69 Cal. 149, 10 Pac. 327); an ordinance making it unlawful for any person to conduct a laundry within certain limits without a certificate from the fire wardens as to the condition of the heating appliances, and forbidding the opera- tion of any laundry between 10 P. M. and 6 A. M., or on Sunday (Ex parte Moynier, 65 Cal. 33, 2 Pac. 728); an act making it unlawful to keep open any place of business on Sunday, except barber-shops. bath- houses and hairdressing saloons (Ex parte Burke, 59 Cal. 6); the Revenue Act of 1853, since the leg- islature may discriminate in the imposition of taxes on certain classes of persons, occupations or species of property, taxing some and exempting others (People v. Coleman, 4 Cal. 46); an act prohibiting all persons, except innkeepers and the like, from keeping open their places of business on Sundays for the transaction of business (Hx parte Andrews, 18 Cal. 678); a statute establishing a limitation upon actions for the recovery of lands in San Francisco under the Van Ness Ordinance (Brooks v. Hyde, 37 Cal. 366); an ordinance making it unlawful to play upon any musical instrument in any saloon, ete.. after midnight, and for any female to be in any saloon, etc., after midnight (Ex parte Smith & ayy CONSTITUTION OF 1879. Art. 1, §§ 12,138 Keating, 88 Cal. 702); an act giving to laborers work- ing upon mines only a lien for their wages (Quale vy. Moon. 4 Cal. 478); a state revenue law making dif- ferent provisions in the different counties with regard to the enforcement of the payment of delinquent taxes (People v. Central Pac. R. R. Co., 43 Cal. 398). Sec. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this state in time of peace, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. Sec. 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of wit- nesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jeopardy for the same offense ; nor be ecmpelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. ‘The legis- lature shall have power to provide for the taking, in the presence of the party accused and. his counsel, of depositions of Witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial. SPEEDY TRIAL.—Section 1382 of the Penal Code is mandatory, and the court has no discretion to deny the defendant a speedy trial as provided by Art. I, §13 CONSTITUTION OF 1879. 18 that section. (People.v. Morino, 85 Cal. 515, 24 Pac. 892.) PUBLIC TRIAL.—The word ‘public’ is used in this section in opposition to the word “secret.” (People v. Swafford, 65 Cal. 2238, 3 Pac. 809.) The trial should be public in the ordinary, com- mon-sense acceptation of the term, the doors should be open, the public admitted with due regard to the size of the courtroom, the conveniences of the court, the right to exclude objectionable characters and vouths of tender years, and to do other things which may facilitate the proper conduct of the trial. (Peo- ple v. Hartman, 103 Cal. 242, 37 Pac. 153.) An order excluding from the courtroom all per- sons except the officers of the court and the defend- ant is in violation of this provision and is presumed to be prejudicial. (People v. Hartman, 103 Cal. 242, 37 Pac. 153. But see People v. Swafford, 65 Cal. 223, 3 Pac. 809.) Where a defendant during a trial becomes excited and indulges in profane and abusive language, thus creating commotion among the spectators and in- terrupting the trial, an order excluding from the courtroom everyone except the officers of the court, reporters of the press, friends of the defendant, and persons necessary for him to have on his trial, is proper. (People v. Kerrigan, 73 Cal. 222, 14 Pac. 849.) The defendant may waive the right to a public trial. (People v. Tarbox, 115 Cal. 57, 46 Pac. 896.) The defendant ‘may waive his right to be con- fronted with the witnesses. (People vy. Bird, 132 Cal. 261.) WITNESSES.— The legislature has power to limit the compulsory attendance of prisoners confined in the state prison to cases of necessity, the existence of which is to be determined by the court. (Willard v. Superior Court, 82 Cal. 456, 22 Pac. 1120.) RIGHT TO APPEAR AND DEFEND.—tThis provi- sion only gives the defendant the right to appear and defend in person and with counsel, and does not give him the right to appear by counsel when he is himself absent. Therefore, when a defendant 19 CONSTITUTION OF 1879. Art. I, §-13 in a criminal case escapes after conviction, and pend- ing an appeal. the appeal will not be heard in his absence, but will be dismissed. (People v. Redinger, 05 Cal. 290.) To require a prisoner during the progress of his trial to appear and remain with chains upon his limbs, without evident necessity as a means of securing his presence for judgment, is in violation of this sec- tion. (People v. Harrington, 42 Cal. 165.) A view of the premises without the presence of the defendant is in violation of this section. (People vous, oS Cal. 623, 10 Pac. 169.) JEOPARDY.—When a person is placed on trial upon a valid indictment, before a competent court and jury, he is in jeopardy. REP pie v. Cage, 48 Cal. 3238; Ex parte Hartmar, 44 Cal. 32; People v. Webb, 388 Cal. 467; Ex parte Fenton, 77 Cal. 183, 19 Pac. 267; People v. Smalling, 94 Cal. 112, 29 Pac. 421.) After he has thus been put in jeopardy, he cannot be again tried for the same offense unless the jury is discharged from rendering a verdict by a legal necessity, or by his consent; or, in case a verdict is rendered, it be set aside at his instance. (People v Webb, 38 Cal. 467; People v. Smalling, 94 Cal. 112, 29 Pace. 421.) This is true although the judgment is arrested by the court (Hx parte Hartman, 44 Cal. 382); or an acquittal is obtained by reason of an erroneous in- struction (People v. Webb, 38 Cal. 467; People v. Roberts, 114 Cal. 67, 45 Pac. 1016; Peopie v. Horn, 70 Cal. 17, 11 Pac. 470); or the action is dismissed by the court on the ground that he is, in the opinion of the court, guilty of a more serious offense (People v. Ny Sam Chung, 94 Cal. 304, 29 Pac. 642). When a defendant is acquitted because of a vari- ance between the proof and the indictment, and the variance is such that a conviction is legally impus- sible, he has not been in jeopardy. (People v. Mc- Nealy, 17 Cal. 332; People v. Oreileus, 79 Cal. 178, 21 Pac. 724.) A judgment rendered upon a plea of which the court has no jurisdiction does not place the defend- ant in jeopardy so far (as that plea is concerned. Arti. ky -$ 138, CONSTITUTION OF 1879. 20 (People v. Woods, 84 Cal. 441, 23 Pac. 1119; People v. Hamberg, 84 Cal. 468, 24 Pace. 298.) Subdivision 6 of sectign 1238 of the Penal Code, allowing the people to appeal from an order of the court directing the jury to find for the defendant, is void, since the defendant has been in jeopardy. (People v. Horn, 70 Cal. 17, 11 Pac. 470.) The fact that the defendant has been held to an- swer by a justice of the peace and discharged does not prevent him from again being held to answer. (Hx parte Cahill, 52 Cal. 463.) If a demurrer is sustained to an information, with- out leave to amend, it is a bar to another prosecu- tion. (People v. Jordan, 63 Cal. 219.) Where an information is dismissed because it charges the commission of an offense subsequent to the date of its filing, a plea of once in jeopardy will not prevail. (People v. Larson, 68 Cal. 18, 8 Pac. 517.) A discharge upon preliminary examination does not place the defendant in jeopardy. (Hx parte Fen- ton, 77. Cally 18a,- 10) Pac. 7267.) Discharge of jury.—lIf the jury is discharged with- out the consent of the defendant, except in-case of unavoidable accident or necessity, the defendant can- not be again prosecuted. (People v. Cage, 48 Cal. Soo) Inability of the jury to agree after a reasonable time for deliberation is an unavoidable necessity. (People v. Cage, 48 Cal. 323; People v. Smalling, 94 Cal. 112, 29 Pac. 421; People v. James, 97 Cal. 400, 32 Pae; Sli.) The fact of such necessity cannot be impeached by extrinsic evidence, and such discharge may be made in the absence of the defendant, if his presence is waived by his counsel. (People v. Smalling, 94 Cal. 112,29 Pac. 421.) Even if the court instructed the jury to acquit, a plea of once in jeopardy will not prevail if the jury is discharged for failure to agree. (People v. James, 97 Cal. 400, 32 Pac. 317.) The court cannot discharge the jury merely upon a report of the sheriff that the jury cannot agree. (Veople v. Cage, 48 Cal. 323.) 21 CONSTITUTION OF 1879. Arts ly $18 Where the jury is discharged for failure to agree, it is not necessary that the record should show that it satisfactorily appeared to the judge that there was no reasonable probability that the jury could agree. (People v. Greene, 100 Cal. 140, 34 Pac. 630.) Where the defendant flees during the trial and the jury, is discharged, a plea of once in jeopardy has no merit. (People v. Higgins, 59 Cal. 357.) Where the jury is discharged with the consent of the defendant, a plea of once in jeopardy will not prevail. (People v. Curtis, 76 Cal. 57, 17 Pac. 941.) The same is true if the jury is discharged on ac- count of the sickness of one of the jurors. (People v. Ross, 85 Cal. 383, 24 Pac. 789.) But if a defendant is indicted for manslaughter, the court cannot lawfully discharge the jury because it is of the opinion that he is guilty of murder. (People v. Hunckeler, 48 Cal. 331.) Nor can the jury be lawfully discharged because it has found a verdict convicting the defendant of a crime not included in the charge. (People v. Ar- nett, 129 Cal. 306, 61 Pae. 930.) Different offenses.—Where the legislature has for- bidden the sale of opium, unless a record of the sale is kept, and a city ordinance forbids the sale with- out a prescription of a physician, a prosecution un- der each of these provisions is no violation of this provision. (Ex parte Hong Shen, 98 Cal. G81, 33 Pac. 799.) A prosecution for fraudulently procuring a note of one of the joint makers is not a bar to a prosecution for fraudulently procuring the joint note of the two makers. (People v. Cummings, 123 Cal. 269, 55 Pac. 898.) An acquittal upon a charge of libel in the publi- cation of a charge in a newspaper is a bar to a prosecution for the publication of another charge in the same issue and against the same individual, al- though the charges are not the same. (People v. Stephens, 79 Cal. 428, 21 Pac. 856.) Lesser offense.—A conviction of a lesser offense than that charged is an acquittal of the higher. (People v. Apgar, 35 Cal. 389; People v. Ny Sam Arts Ie $2is CONSTITUTION OF 1879. 92 Chung, 94 Cal. 304, 29 Pac. 642; People v. Gordon, 99 Cal. 227, 33 Pac.° 901.) Where a defendant is charged with assault with a deadly weapon, and is convicted of battery, and the judgment is reversed, a plea of once in jeopardy will not lie, as assault does not include battery. (People v. Helbing, 61 Cal. 620.) A defendant tried for murder, and eonvicted of murder in the second degree, who has the judgment vacated and a new trial granted, may be subsequently convicted of murder in the first degree. (People v. Keefer, 65 Cal. 232, 3 Pac. 818.) ( A eonviction of an assault, under an information charging an assault with intent to murder, is a bar to a prosecution for mayhem committed during the assault. (People v. Defoor, 100 Cal. 150, 34 Pace. 642.) A verdict of manslaughter is the equivalent of a verdict of not guilty of murder, and the defendant, after such verdict, cannot be again tried upon the charge of murder. (People v. Muhiner, 115 Cal. 303, 47 Pae. 128.) New trials and appeals.—Where a new trial is or- dered for insufficiency of the evidence, a plea of once in jeopardy has no merit. (People v. Hardisson, 61 Cal. 378.) | Where a judgment of conviction is reversed be- cause of a defective information, and the action is dismissed and a new information filed for the same offense, the defendant cannot plead once in jeopardy. (People v. Schmidt, 64 Cal. 260, 80 Pac. 814; People v. Eppinger, 109 Cal. 294, 41 Pac. 1037; People v. Clark, 67 Cal. 99, 7 Pac. 178; People v. Mooney, 132 Cal. 13.) The same is true where the judgment is reversed because the verdict fails to find the degree of the crime. (People v. Travers, 73 Cal. 580, 15 Pac. 293; People v. Lee Yune Chong, 94 Cal. 379, 29 Pac. 776.) Also where the judgment is reversed for failure to file the information within the time prescribed by the statute. (People v. Wickham, 116 Gal. 384, 48 Pae. 329.) Also where the judgment is reversed for failure to find upon a plea of once in jeopardy. (People v. Tucker, 117 Cal. 229, 49 Pac. 134.) Where the defendant has not asked for a new trial, 23 CONSTITUTION OF 1879. Art. I, §18 the supreme court in reversing the judgment may nevertheless grant it. (People v. Travers, 77 Cal. 176, 19 Pac. 268; People v. Lee Yune Chong, 94 Cal. 319, 29 Pac. 76.) Practice.—The question of jeopardy can only arise after an issue has been made of once in jeopardy. (People v. Lee Yune Chong, 94 Cal. 379, 29 Pac. 776.) The defendant is entitled to a special verdict upon a plea of once in jeopardy. (People v. Tucker, 115 Cal. 337, 47 Pac. 111.) Where the jury on the first trial found for the people on the plea of once in jeopardy, but failed to agree as to the plea of not guilty, the former plea need not be again submitted to the jury on a second trial. (People v. Smith, 121 Cal. 355, 53 Pac. 802.) WITNESS AGAINST SELF.—A proceeding to re- move a public officer for misconduct in office, no mat- ter in what form the statutes may clothe it, is in its nature a criminal case. (Thurston v. Clark, 107 Cal. 285, 40 Pac. 435.) Sections 1458 to 1461 of the Code of Civil Proce- dure are not penal in their nature. (Levy v. Supe- rior Court, 105 Cal. 600, 38 Pac. 965.) Where the examination of the defendant is con- fined entirely to the instrument which he is charged with forging, he cannot be cross-examined in refer- ence to the forgery of another instrument. (People v. Baird, 104 Cal. 462, 38 Pac. 310.) Where a defendant testifies that he drew the pis- tol merely to scare the deceased and had had no quarrel with him on that day, it is proper on cross- examination to ask him whether or not he had a quarrel with the deceased a few moments before the shooting, and as to what kind of a pistol he had, and why he cocked it. (People v. Brown, 76 Cal. 573, 18 Pac. 678.) Where a defendant in his cross-examination volun- tarily makes a statement concerning matters not em- braced in his examination in chief, he may be cross- examined for the purpose of making such statements more clear. (People v. Sutton, 73 Cal. 248, 15 Pac. 86.) It is sufficient, to bring a person within the immu- nity of this provision, that there is a law creating Art, i, $138 CONSTITUTION OF 1879. 24 the offense under which the witness may be prose- cuted, and which does not secure him against use, in a criminal prosecution, of the evidence that he may give; and in such case he cannot be compelled to an- swer in any collateral proceeding as to acts consti- tuting such offense. (Ex parte Clarke, 103 Cal. 352, 37 Pac. 230.) Where the statute gives the witness complete im- munity from prosecution for the offense with refer- ence to which his testimony is given, he cannot re- fuse to answer. (Ex parte Cohen, 104 Cal. 524, 38 Pac. 364.) A law can absolutely secure a party against use in a criminal prosecution of the evidence he may give, only by a provision that, if he submits to the examination and answers the questions, he shall be exempt from any criminal prosecution for: the of- fense to which the inquiry relates. (Hx parte Clarke, 108 Cals 3352; 37, Paen23e5 The mere fact that an answer might disgrace the witness is not ground for refusal to answer; and where an act provides that the testimony shall not be used against him in any criminal prosecution, he cannot refuse to answer under this provision. (Hx parte Rowe, 7 Cal. 184.) It is for the court and not for the witness to de- termine whether or not the answer will incriminate the witness. (In re Rogers, 129 Cal. 468, 62 Pac. 47.) A defendant in a criminal prosecution, who has become a witness in his own behalf, cannot be cross- examined as to any facts or matters not testified to by him on his examination in. chief. (People v. O’Brien, 66 Cal. 602, 6 Pac. 695.) DUE PROCESS OF LAW—Property.—The right to practice law is not “property” within the meaning of this section. (Cohen v. Wright, 22 Cal. 293.) The right to a salary attached to a public office is not property. (Pennie v. Reis, 80 Cal. 266, 22 Pac.) 176; Clarke y. Reis, 87 Cal. 543, 25 Pac. 759.) Title by prescription is property which is protected by this provision. (Sharp v. Blankenship, 59 Cal. 288.) ; What is “due process.”—‘‘Due process of law’ means such an exertion of the powers of the govern- 25 CONSTITUTION OF 1879. Art, I, $13 ment as the settled maxims of law permit and sanc- tion, and under such safeguards for the protection of individual rights as those maxims prescribe for .the class of cases to which the one in question be- longs. (Ex parte Ah Fook, 49 Cal. 402; Wulzen v. Supervisors, 101 Cal. 15, 35 Pac. 353.) The words “due process of law” were intended to. convey the same meaning as the words ‘“‘the law of the land’ in Magna Charta, and mean public laws binding all the members of the community under similar circumstances, and not partial or private laws affecting the rights of individuals. (Kalloch v. Su- perior Court, 56 Cal. 229.) Due process of law requires a trial governed by the established rules of evidence, and a procedure suitable and proper to the nature of the case, and sanctioned by the established usage and customs of the courts. (San Jose Ranch Co. v. San Jose ete. Co., 126-Cal. 322, 58 Pac. 824.) Police power.—In the exercise of the police power eertain kinds of property, when held or used so as to be injurious to the general public, may be seized and destroyed. (Collins v. Lean, 68 Cal. 284, 9 Pac. 173.) An act defining pure wine, prohibiting the use of deleterious substitutes, and forbidding the sale of im- pure wine, doe&S not deprive one of property without due process of law. (Ex parte Kohler, 74 Cal. 38, 15 Pac. 486.) Where an ordinance, fixing the limits within which é a disagreeable business may be exercised, has in fact some relation to public health and is appropriate and adapted to that end, it cannot be urged that the or- dinance deprives the owner of his property without due process of law. (Ex parte Lacey, 108 Cal. 326, 41 Pac. 411.) Particular statutes.—The provision of the consti- tution allowing prosecutions by information affords due process of law. (IXalloch vy. Superior Court, 56 Cal, 229.) ; An act making the issuance of bonds conclusive evidence of the validity of the lien is void; but an act making the issuance conclusive evidence of the Cunstitution—3 s Ari 1 66n3 CONSTITUTION OF 1879. j 26 regularity of the proceedings not essential to the jurisdiction of the officers to create the lien is valid. (Ramish v. Hartwell, 126 Cal. 448, 58 Pac. 920.) This provision does not prohibit a summary pro-, ceeding by the state to collect taxes, without the in- tervention of a court. (High vy. Shoemaker, 22 Cal. 363.) The act of 1875, providing for a judicial proceed- ing to authorize the sale of the homestead, upon the insanity of either spouse, by the sane spouse alone, is valid, in so far as it relates to a homestead upon the community property acquired subsequent to the passage of the act. (Rider v. Regan, 114 Cal. 667, 46 Pac. 820.) A law authorizing the court to strike out the plead- ing of a defendant for failure to sign a deposition or as a punishment for a contempt of court is invalid. (Foley v. Foley, 120 Cal. 33, 52 Pac. 122.) A statute providing that no case shall be reversed for error, unless it appears that a different result would have been probable if the error had not oc- curred, is void as depriving parties of due process of law. (San Jose Ranch Co. v. San Jose ete. Co., 126 Cal. 322, 58 Pac. 824.) An act devesting the title of the purchaser of prop- erty from a mortgagor by a foreclosure suit in which the mortgagor aione is defendant is void. (Skinner v. Buck, 29 Cal. 258. An act extending the corporate limits of a town so as to include lands used solely for agricultural pur- poses was upheld in Santa Rosa v. Coulter, 58 Cal. 37. Notice.—A judgment obtained without service of summons on, or voluntary appearance by, the defend- ant does not constitute due process of law. (Baker v. O’Riordan, 65 Cal. 368, 4 Pac. 232; Belcher v. Cham- bers, 58 Cal. 685; De La Montanya v. De La Mon- tanya, 112 Cal. 101, 44 Pac. 345.) An act authorizing a personal judgment, against a defendant concealing himself within the state, for whom the court has appointed an attorney, with privilege to the defendant to come in within six months, is valid. (Ware v. Robinson, 9 Cal. 107.) Sections 1206 and 1207 of the Penal Code must be a CONSTITUTION OF 1879. Art, I, § 13 construed as requiring that hoth debtor and credi- tor are to have notice of claims for wages, otherwise they would deprive the debtor of his property with- out due process of law. (Taylor v. Hill, 115 Cal. 143, 44 Pac. 336, 46 Pac. 922.) Whether a notice of not more than ten days is valid, query? (Boorman y. Santa Barbara, 65 Cal. 313, 4 Pac. 31.) . A general notice of an intended improvement, be- fore it has been determined either finally or condi- tionally what land will be affected, does not consti- tute due process of law. (Boorman vy. Santa Bar- bara, 65 Cal. 313,.4 Pac. 31.) An act authorizing an assessment for street im- provements without notice to the parties to be as- sessed is void. (Boorman vy. Santa Barbara, 65 Cal. 3138, 4 Pac. 31.) Notice by posting constitutes due process of law. (Davies v. Los Angeles, 86 Cal. 37, 24 Pac. 771.) Section 720 of the Code of Civil Procedure, allow- ing the judgment creditor to institute an action against an alleged debtor of the judgment debtor, is not unconstitutional on the ground that no notice is given to the judgment debtor. (High v. Bank of Commerce, 95 Cal. 386, 30 Pac. 556.) In matters of taxation and assessment, the state is not bound to accord personal service of process upon the citizen. (Wulzen. v. ‘Supervisors, 101 Cal. 15, 35 Pac. 353.) An assessment without giving an opportunity to the taxpayer to show that the assessment is not pro- portionate to the benefits is unconstitutional. (Lower Kings River Rec. Dist. No. 531 v. Phillips, 108 Cal. 306, 39 Pac. 6380, 41 Pac. 335.) In a proceeding for the sale of the homestead of an insane person, publication for three weeks in a news- paper, and personal service upon the nearest male relative of the insane spouse to be found in the state, or, if none, then upon the public administrator, whose duty it is to appear for such insane spouse, consti- tutes due process of law. (Rider v. Regan, 114 Cal. 667, 46 Pac. 820.) A statute allowing an execution to issue against the “joint property” of persons sued, when only one Art. I, §43 CONSTITUTION OF 1879. 28 of the defendants has been served, is unconstitution- al. (Tay v. Hawley, 39 Cal. 93.) An act allowing a peace officer to seize all nets, ete., used in catching fish in violation of the game laws, and to destroy them without notice, or to sell them upon notice posted anywhere in the county for five days, is in violation of this provision. (Hey Sing Teck v. Anderson, 57 Cal. 251.) To take property from the possession of a person without a hearing, and compel him to prove title to regain it, is taking property without due process of law. (Havemeyer v. Superior Court, 84 Cal. 327, 24. Pae. 121.) A forfeiture of the charter and property of a sub- ordinate grove by the grand grove, without suffi- cient charges to show jurisdiction over the subject matter, and without sufficient notice, is in violation of this provision. (Grand Grove ete. v. Garibaldi Grove, 130 Cal. 116, 62 Pac. 486.) An order of the probate court made without no- tice, compelling an attorney of an executrix to repay a fee paid to him by her, is in violation of this pro- vision. .(Tomsky v. Superior Court, 131 Cal. 620.) Liens.—The mechanics’ lien law of 1868 is not un- constitutional on the ground that it attempts to ap- point agents for private persons; nor that it confis- cates property; nor as to the notice required of own- ers as to responsibility for improvements; nor that it attempts to take away vested rights, or to clothe private persons with power to devest citizens of their property. (Hicks v. Murray, 48 Cal. 515.). Giving a laborer a lien upon the threshing ma-. chine in the lawful possession of a person holding under the owner does not deprive the latter of prop- erty without due process of law. (Lambert v. Da- vis, 116 Cal. 292, 48 Pac. 123.) An act authorizing the creation of a lien upon land by virtue of a contract for the improvement of the street adjacent thereto, entered into with one who is only the reputed owner of the land, is void. (Santa Cruz Rock ete. Co. v. Lyons, 117 Cal. 212, 48 Pace. 1097.) Curative acts.—The legislature has power to pass curative acts by which the various acts and pro- 29 CONSTITUTION OF 1879. Art. J, 8138 ceedings of the officers and boards charged with the levying and assessing of taxes are rendered valid, notwithstanding that errors and irregularities have intervened. . But where the officer or tribunal has no jurisdiction, the act is void, and cannot be cured. | (People v. Goldtree, 44 Cal. 3238.) An act to validate a judgment of a cédurt void’ for want of jurisdiction is void. (Pryor v. Downey, 50 Cal. 388.) An act attempting to validate a void assessmént is in violation of this provision. (Brady v. King, 53 Cal. 44; People v. Lynch, 51 Cal. 15; People v. Gold- tree, 44 Cal. 323; Schumaker v. Toberman, 56 Cal. 508; Taylor v. Palmer, 31 Cal. 240; People v. Mc- OCune, 57 .Cal. 153.) An act attempting to legalize a sale of property for a void tax is unconstitutional. (Harper v. Rowe, 53 Cal. 233; Wills v. Austin, 53 Cal. 152; Houghton v. Austin, 47 Cal. 646.) Assessments.—The so-called “front-foot’ method of assessment for street improvements has been many times upheld in this state. (Hadley v. Dague, 130 Cal. 207, 62 rae 500; Cohen v. Alameda, 124 Cal. 504, 57 Pace. 377 - Chambers v. Satterlee, 40 Cal. 497; Emery v. San See areas ete. Co., 28 Cal. 345; Emery v. Bradford, 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240: Whiting v. Quackenbush, 54 Cal. 306; Whiting v. Townsend, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404, 14 Pac. 71; Jennings v. Le Breton, 80 Cal. 8, 21 Pac. 1127; San Francisco etc. Co. v. Bates, 22 Cal. Dee. 302; Banaz v. Smith, 21 Cal. Dec. 735.) Considerable doubt was cast upon the correctness of these decisions by the decision of the United States supreme court in Norwood vy. Baker, 172 U. S. 269, 19 Sup. Ct. Rep. 187, but the doctrine of these cases has been since sustained by the decision of that court in Tonawanda vy. Lyon, 181 U. S. 389, 21 Sup. Ct. Rep. 609. An act authorizing the street superintendent to as- sess benefits, without prescribing the precise mode of assessment, is valid. (Harney v. Benson, 113 Cal. 314, 45 Pac. 687; Greenwood v. Morrison, 128 Cal. 350, 60 Pac. 971.) | ADt. 1.2545 CONSTITUTION OF 1879. 30 An assessment is not invalid because the owner of the land is not given an opportunity to be heard before the assessment is made, if he is given that opportunity in an action to enforce the assessment. (Reclamation Dist. No. 108 v. Evans, 61 Cal. 104.) An act permitting the owners of one-half of the land of a district to form an assessment district, without making any provision for a determination as to whether the other owners will be benefited by tHe improvement, is unconstitutional. (Moulton vy. Parks, 64 Cal. 166, 30 Pac. 613; Brandenstein vy. Hoke, 101 Cal. 131, 85 Pac. 562; People v. Reclamation Dist. No. 5¢1, 117 Cal. 114, 48 Pac. 1016.) The mode of assessment is a matter for the leg- islature, and the courts will not interfere on the ground of an improper apportionment or inequality of burden or benefit, unless there is a palpable vio- lation of private rights. (Reclamation Dist. v. Ha- gar, 66 Cal. 54, 4 Pac. 945.) It is sufficient if the parties interested are given an opportunity to be heard before the lien becomes final upon their property, and they are not entitled to be heard upon the question whether or not the improvement should be made. (Lent v. Tillson, 72 Cal. 404, 14 Pac. 71; Board of ‘Directors v. Tregea, 88 Cal. 334, 26 Pac. 237.) Where the limits of an assessment district are de- fined in the statute, notice need not be addressed to the persons affected by name. (Lent v. Tillson, 72 Cal. 404, 14 Pac. 71.) An act for the protection of swamp lands, which provides for making assessments therefor a charge upon the lands benefited, and for a sale of such lands for such assessments, without any opportunity for a hearing of the land owner in regard to the as- sessment, and without any suit or opportunity of defense, is invalid. (Hutson v. Protection Dist., 79 Cal. 90, 16 Pac. 549, 21 Pac. 485.) The property of a land owner within an irrigation district is not taken from him without due process of law, if he is allowed a hearing at any time before the lien of an assessment for taxes levied thereon becomes final. (In re Madera Irr. Dist., 92 Cal. 296, DOE CMa bie) WONStes Art. L., ‘Sec.. 14: ‘Rights of private property. Section 14. Private property shall not be taken or damaged for public use without just compensation having first been made to, or paid into court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascer- tained and paid into court for the owner, irrespective of any [benefits] from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law. [The taking of private property for a rail- road run by steam or electric power for logging or lumbering purposes shall be deemed a taking for a public use, and any person, firm, company or corporation taking private property under the law of eminent domain for such purposes shall thereupon and thereby become a common carrier.] [Amendment adopted October 10, 1911.] 31 CONSTITUTION OF 1879. Art. I, §14 The “Wright act” providing for irrigation dis- tricts is constitutional. (In re Central Irr. Dist., 117 Cal. 382, 49 Pac. 354, and cases there cited.) DEPOSITIONS.-—-This section does not prevent the legislature from providing that depositions taken on the preliminary examination may be used on the trial. (People v. Oiler, 66 Cal. 101, 4-Pac. 1066.) As to the power of the legislature to authorize the conditional examination of witnesses, see Willard v. Superior Court, 82 Cal. 456, 22 Pac. 1120. The provision of the Penal Code allowing deposi- tions taken at the preliminary examination of a de . fendant charged with murder to be read in evidence for the prosecution upon the trial is not in conflict with this section. (People v. Sierp, 116 Cal. 249, 48 Pac. 88; People v. Cady, 117 Cal. 10, 48 Pac. 908.) Sec. 14. Private property shall not be taken or damaged for public use without just compensa- tion having been first made to, or paid into court, for the owner, and no right of way shall be ap- propriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corpora- tion, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law. PRIVATE PROPERTY FOR PUBLIC USE—A municipal corporation has no power to take a lot - to which it has no title, which is in the actual pos- session of another, who claims to be the owner, al- though he in fact is not, and appropriate it to the use of the public, without paying compensation. (Gunter v. Geary, 1 Cal. 462.) Art. I, §14 CONSTITUTION OF 1879. 32 The property of a citizen cannot be taken from him for public use, unless ample means of remunera- tion are provided. (McCann vy. Sierra County, 7 Cal. 121.) ' A municipal corporation cannot take private prop- erty for public use, without making compensation in advance or providing a fund out of which compensa- tion shall be made as soon as the amount to be paid can be determined. (Colton v. Rossi, 9 Cal. 595.) The legislature has no power to take the property of one person and give it to another; nor can it be taken for public use, unless compensation to the owner precede or accompany the taking. (Gillan v. Hutchinson, 16 Cal. 153.) An act directing the governor to take possession of the state prison in the possession of a lessee, with- out making any provision for compensation, is void. (McCauley v. Weller, 12 Cal. 500.) The act of 1863, providing for the widening of streets in San Francisco by agreement with the own- ers, does not deprive the owners of any right or privilege guaranteed by this section. (San Francisco v. Kiernan, 98 Cal. 614, 33 Pac. 120.) Property.—The right of a riparian owner cannot be taken away, except for public use on due com- pensation. (Lux v. Haggin, 69 Cal. 255, 372, 10 Pac. 674.) This section does not apply to any mere diminu- tion in value of abutting lands by the closing of a street in whole or in part, nor to any mere inconve- nience to abutting owners thereby occasioned, if ac- cess to their land is not prevented. (Brown y. Su- pervisors, 124 Gal. 275, 57 Pac. 82.) Although the supervisors have authority to, close a public street, the owner of adjoining property has an easement therein, of which he cannot be de- prived without compensation. (Bigelow vy. Ballerino, 111 Cal. 559, 44 Pac. 307.) The right of the owner of a city lot to the use of the street adjacent thereto is property, and any act by which this right is impaired is to that extent a damage. (Kachus v. Los Angeles etc. Ry. Co., 103 Cal, 614, 37 Pac. 750.) 33 CONSTITUTION OF 1879. Art. I, § 14 No compensation need be made for the vacation of a public street which has not been dedicated by the owners of the land. (Levee Dist. No. 9 v. Far- mer, 101 Cal. 178, 35 Pac. 569.) Money is not that species of property which the sovereign authority can authorize to be taken in the exercise of the right of eminent domain. (Bur- nett vy. Sacramento, 12 Cal. 76; Emery v. San Fran- cisco, 28 Cal. 345.) The leasehold interest in convicts leased by the state is as much property as are lands held in fee. (McCauley v. Brooks, 16 Cal. 11.) A franchise for a street railroad is property ca- pable of being benefited by the widening of the street. (Appeal of North Beach etc. R. R. Co., 32 Cal. 499.) The legislature may grant the right to construct a railroad upon a public street without providing for compensation for the damage done to the own- ers of the adjacent property, provided the owners of the property are not the owners usque ad filum viae. (Carson v. Central Pac. R. R. Co., 35 Cal. 325.) A person who owns lots fronting on a street dedi- cated by himself to the public use is entitled to dam- ages, if a railroad campany lays its track along the street, and thereby obstructs it for the use of teams and vehicles, and if the value of the lot is diminished thereby. (Southern Pac. R. R. Co. v. Reed, 41 Cal. 25183.) An act providing that a tax collector shall receive | the fees allowed by law, and pay a part of such fees into the treasury for the benefit of the county, does not take private property for public use. (Ream v. Siskiyou County, 36 Cal. 620.) Public use.—The formation of an irrigation district for the purpose of reclaiming arid land is a public pur- pose for which private property may be taken. (Thur- lock Irr. Dist. v. Williams, 76 Cal. 360, 18 Pac. 379; Central Irr. Dist. v. De Lapne, 79 Cal. 351, 21 Pac. 825; Crall vy. Poso Irr. Dist., 87 Cal. 140, 26 Pac. 797.) The legisJature is the sole judge of the public ne- cessity or advantage of a proposed improvement as a public use. (Gilmer v. Lime Point, 18 Cal. 229.) Art. I, § 14 CONSTITUTION OF 1879. 3+ The words “public use’? mean a use which con- cerns the whole community, as distinguished from a particular individual or a particular number of individuals. But it is not necessary that each and every individual member of society should have the same degree of interest in this use, or be personally or directly affected by it, in order to make it public. (Gilmer v. Lime Point, 18 Cal. 229.) ‘ To condemn land within the state for a United States fort or other military or naval purpose is to condemn land for a public use. (Gilmer y. Lime Poimnt,..18. Galo} The only test of the admissibility of the power of the state to condemn land for ‘‘public use” is that the particular object for which the land is condemned tends to promote the general interest, in its relation to any legitimate object of government. (Gilmer v. Lime Point, 18 Cal. 229.) The ‘‘public use’ is left in large measure to legis- lative determination; and the legislative resolve, by which a tax is imposed or private property taken, is such legislative determination. (Stockton ete. R. R. Co. v. Stockton, 41 Cal. 147; Contra Costa ete. Co. v. Moss, 23 Cal. 323.) But the legislative determination that a certain business is a public use is not conclusive of its char- acter. (Consolidated Channel Co, v. Central Pac. R. R. Co., 51 Cal. 269.) A railroad for the transportation of passengers and y freight is a public use. (San Francisco ete. R. R. Co. v. Caldwell, 31 Cal. 367; Contra Costa ete. Co. v. Moss, 23 Cal. 323; Stockton ete. R. R. Co. v. Stock- ton, 41 Cal. 147; Napa Valley R. R. Co. v. Napa, 30 Cal. 435.) Private use.—The legislature cannot take private property for a private use, and it must declare the purpose to be one of public necessity or convenience. (Nickey v. Stearns Ranchos Co., 126 Cal. 150, 58 Pace. 459; Consolidated Channel Co. v. Central Pac. R. R. Co., 51 Cal. 269; Brenham v. Story, 39° Cal. 179; Sherman v. Buick, 32 Cal. 241.) Thus an act permitting a person to build a flume on the land of another to carry off the tailings from 35 CONSTITUTION OF 1879. Art, I, $14 his mine is void. (Consolidated Channel Co. vy. Central Pew ie OO., O1.Cal. 269.) Also an act giving a right to miners to enter upon private property, where no such right existed an- terior to its passage. (Gillan v. Hutchinson, 16 Cal. 153.) Also an act authorizing an administrator to sell real property belonging to the estate of his decedent, who died before the passage of the act, except in satisfaction of the liens of creditors, for the support of the family, or to pay the expenses of administra- tion. (Brenham vy. Story, 39 Cal. 179.) The legislature has power to open so-called ‘‘pri- vate roads,’ from main roads to the residences or farms of individuals. The fact that they are called “private” is immaterial, since all roads are public. (Sherman v. Buick, 32:Cal. 241.) Damaged.—The provision of this section against property being damaged for public use is not found in the constitution of 1849. As to the meaning of the word “damaged” as used in this section, see ‘Reardon vy. San Francisco, 66 Cal. 492, 501-506, 6 Pac. Ol be A mere infringement of the owner’s personal pleas- ure or enjoyment, or merely rendering the property less desirable for certain purposes, or even causing personal annoyance and discomfort, does not con- stitute a damage within the meaning of this section. (Hachus v. Los Angeles ete. Ry. Co., 103 Cal. 614, 37 Pac. 750.) Digging and maintaining ditches and drains across private lands is a taking of property. (Nickey v. Stearns Ranchos Co., 126 Cal. 150, 58 Pac. 459.) Where the damage is not the natural, certain, and immediate consequence of an improvement, compen- sation need not be made in advance. (De Baker v. Railway Co., 106 Cal. 257, 39 Pac. 610.) Streets.—A city is liable for damages caused the owner of an abutting lot by excavating the street in front thereof, in pursuance of a contract let by the city for that purpose. (KHachus v. Los Angeles, 130 Cal. 492, 62 Pac. 829; Reardon v. San Francisco, 66. Cal. 492, 6. Pac. 317.) Art. I, § 14 CONSTITUTION OF 1879. 36 Pamages caused by the raising of a street to the official grade cannot be pleaded as a defense to an action brought to foreclose the lien for improving the street. (Hornung v. McCarthy, 126 Cal. 17, 58 Pac. 303.) An owner of land abutting upon a street is en- titled to compensation for any injury to his property, which he sustains over and above that sustained in common with other abutting owners, resulting from a change in the grade of the street. (Eachus v. Los Angeles Ry. Co., 103 Cal. 614, 87 Pac. 750; Jennings v. Le Roy, 68 Cal. 397.) But a city is not responsible for the unauthorized act of its officers in raising the grade of a street and thus damaging adjoining property. (Sievers vy. San Francisco, 115 Cal. 648, 47 Pac. 687.) To change the channel of a natural watercourse so as to increase the flow of water in another wate1- course, to the injury of adjoining lands, is a viola- tion of this section. (Rudel v. Los Angeles, 118 Cal. 281, 50 Pace. 400; Conniff v. San Francisco, 67 Gal. 45, 7 Pac. 41; Tyler v. Tehama Co., 109 Cal. 618, 42 Pac. 240. But see Green v. Swift, 47 Cal. 586; Lar- rabee v. Cloverdale, 181 Cal. 96.) A municipal corporation is liable for damages caused by the construction of sewers, ete., in such a manner that the surface water of a large terri- tory, Which did not naturally flow in that direction, is gathered into a body and precipitated upon pri- vate property. . (Stanford v. San Francisco, 111 Cal. 198, 43 Pac. 605.) But a municipal corporation is not liable for dam- ages caused by the prevention of the flow of sur- face water from the lot of a private owner, by rea- son of the raising of a street to the grade established by law, where such surface water does not run in a natural channel across the lot. (Corcoran v. Benicia, 96 Cal. 1, 30 Pac. 798; Lampe vy. San Francisco, 124 Cal. 546, 57 Pac. 461.) 5 A statute exempting a municipal corporation from liability for damages for injuries sustained by any person on its graded streets, but making the officers of the city liable therefor, is valid. (Parsons v. San Francisco, 23 Cal. 462.) } OU CONSTITUTION OF 1879. Art. I, 8 14 A contractor of the city is not liable under this provision for damage to private property caused by a public improvement. (De Baker v. Railway Co., 106 Cal. 257, 39 Pac. 610.) P Procedure.—Section 1254 of the Code of Civil Pro- cedure, in regard to proceedings for the condemna- tion of property for public use, allowing an adequate fund to be paid into court, whereupon the court may authorize the plaintiff to take possession of the property until the final determination of the litiga- tion, is not inconsistent with this section. (Spring Valley W. W. vy. Drinkhouse, 95 Cal. 220, 30 Pac. 218.) But a statute allowing the plaintiff to take pos- session upon the filing of a bond is void. (Vilhaec vy. Stockton ete. R. R. Co., 53 Cal. 208; San Mateo W. W. v. Sharpstein. 50 Cal. 284; Sanborn v. Belden, 51 Cal. 266. But see Fox v. Western ete. R. R. Co., 31 Cal. 538.) This provision contemplates and provides for a proceeding in court in all cases where private prop- erty is taken for a public use, and prohibits any other proceeding to that end; and the owner is en- titled to a jury trial for the purpose of ascertain- ing the damages. (Weber v. Santa Clara Co., 59 Cal. 265; Trahern v. San Joaquin Co., 59 Cal. 320.) The means of compensation must be provided be- fore the property is taken. (McCauley v. Weller, 12 Cal. 500.) If failure be made in paying or providing such compensation, the party may retake possession of the property. (Colton v. Rossi, 9 Cal. 595.) The state may select its own agents and agencies in exercising the power of eminent domain, and may select foreign corporations or governments. (Gilmer v. Lime Point, 18 Cal. 229.) The provision for just compensation only requires that a certain and adequate remedy be provided by which the owner can obtain his compensation with- out unreasonable delay; and a law providing for a jury to determine the value, that the money be paid into the county treasury for the owner, to be paid to him when his ownership is ascertained, is valid. (Gilmer v. Lime Point, 18 Cal. 229.) Constitution—4 Art. I, § 14 CONSTITUTION OF 1879. 38 An act providing for a proposed alteration of a public road, and requiring persons claiming com- pensation for land to be taken to present their claims within a certain time, or be deemed as waiving all right to damages, is valid. (Potter v. Ames, 43 Cal. 75.) ’ It is competent for the legislature to prescribe the several steps to be pursued in the assertion of the right to compensation for land appropriated for pub- lie use, but the prescribed procedure must not de- stroy or substantially impair the right itself. (Pot- ter v. Ames, 43 Cal. 75.) The fact to be ascertained is the value of the land at the time it is taken, and testimony to prove the annual net profits is not admissible. (Stockton ete. Co. v. Galgiana, 49 Cal. 139.) Compensation.—An ordinance fixing water rates must allow a just and reasonable compensation to the water company for the property used and the services furnished by it. (San Diego Water Co. v. San Diego, 118 Cal. 556, 50 Pac. 633.) In a condemnation proceeding the land owner is not liable for costs, but is entitled to recover his own costs from the plaintiff. (San Francisco v. Col- lins, 98 Cal. 259, 33 Pac. 56.) ' Where a railroad company, prior to the commence- ment of proceedings to condemn a right of way, but with the bona fide intent to commence such pro- ceedings, erects structures thereon, it is not required to pay for the structures so erected in the condem- nation proceeding. (Albion River R. R. Co. v. Hesser, 84 Cal. 435, 24 Pac. 288; San Francisco ete. R. R. Co. v. Taylor, 86 Cal. 246, 24 Pac. 1027.) The provision of section 1249 of the Code of Civil Procedure that, for the purpose of assessing com- pensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, is not in conflict with this provision. (California Southern R. R. Co. v. Kimball. 61 Cal. 90; Tehama Co. v. Bryan, 68 Cal. 57, 8 Pac. 673.) Under the former constitution, where the land taken is a part only of a tract, the difference be- tween the value of the tract without the improve- ment and with it, is the compensation to be made. 39 CONSTITUTION OF 1879. Art. I, §14 (San Francisco etc. R. R. Co. v. Caldwell, 31 Cal. 367.) Both the injury to the land and the benefit to it should be considered. (San Francisco etc. R. R. Co. v. Caldwell, 31 Cal. 367.) The defendant is entitled to receive for a strip of land taken for an alley an amount equal to that for which it could have been sold in the open market, on the day of the summons, for cash, after reason- able time taken by the owner to make the sale. (Santa Ana v. Brunner, 1382 Cal. 235.) The provision of this section, providing for com- pensation, “irrespective of any benefit from any im- provement proposed,” is not limited to the land taken, but also to the land not taken, and the damages to the property not taken must be fixed, irrespective of any benefit which may result from the proposed improvement. (San Bernardino ete. Ry. Co. v. Haven, 94 Cal. 489, 29 Pac. 875.) The provision of this section, prohibiting any de- duction from the damages to land not taken of the amount of benefits accruing from the improve- ment to such land, only applies to ‘‘corporations other than municipal,’ and does not apply to individuals. (Moran v. Ross, 79 Cal. 549, 21 Pac. 958.) In a proceeding by a railroad corporation to con- demn land-for its road, the compensation to be awarded the owner must be ascertained irrespective of any benefit that will accrue to the remainder of his land from the building of the road. (Pacific Coast Ry. Co. v. Porter, 74 Cal. 261, 15 Pac. 774.) An act requiring commissioners, in assessing the value of lands sought to be taken by a railroad com- pany, to make allowance for any benefit that will accrue to the person whose lands are taken, is valid. (San Francisco etc. R. R. Co. v. Caldwell, 31 Cal. 367.) The increased cost of irrigation which would be caused by the building of a railroad is a legitimate subject of inquiry for the purpose of ascertaining the damage sustained by the owner. (San Bernardino etc. Ry. Co. v. Haven, 94 Cal. 489, 29 Pac. 875.) A county is not a municipal corporation within the Art. I, §14 CONSTITUTION OF 1879. 40 meaning of this section. (San Mateo v. Coburn, 130 Cal. 631, 63 Pac. 78.) Assessments.—An assessment upon a lot adjacent to a street to pay for improvements made on the street cannot be maintained when the lot has received ‘only an injury by the work on the street; and there- fore in no case can the owner be made personally liable for any deficiency after the lot has been ex- hausted. (Creighton v. Manson, 27 Cal. 613; Taylor v. Palmer, 81 Cal. 240; Gaffney v. Gough, 36 Cal. 104; Coniff v. Hastings, 86 Cal. 292. But see Walsh v. Mathews, 29 Cal. 124.) Benefits for street improvements accrue to the land and not to the buildings. (Appeal of Piper, 32 Cal. 530.) The so-called “front-foot”’ method of assessment for street improvements has been many times up- held in this state. (Chambers v. Satterlee, 40 Cal. 497; Hadley v. Dague, 130 Cal. 207, 62 Pac. 500; Cohen v. Alameda, 124 Cal. 504, 57 Pac. 377; Hmery v. San Francisco ete. Co., 28 Cal. 345; Hmery vy. Bradford, 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240; Whiting v.- Quackenbush, 54 Cal. 806; Whitin~ v. Townsend, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404, 14 Pac. 71; Jennings v. Le Brefon, 80 Cal. 8, 21 Pace. 1127; San Francisco ete. Co. v. Bates, 22 Cal. Dec. 302; Banaz v. Smith, 21 Cal. Dec. 735.) 2 Considerable doubt was cast upon the correctness of these decisions by the decision of the United States supreme court in Norwood vy. Baker, 172 WU. S. 269, 19 Sup. Ct. Rep. 187, but the doctrine of these cases has been since sustained by the decision of that court in Tonawanda vy. Lyon, 181 U. S. 389, 21 Sup. Ct. Rep. 609. An assessment for a street improvement upon the front-foot system is an exercise of the power of taxa- tion, and not of eminent domain. (Hmery v. San Francisco ete. Co., 28 Cal. 345.) Benefits may be assessed in the ratio of their value. (Appeal of Piper, 82 Cal. 530.) An assessment upen an assessment district is valid. (Appeal of Piper, 32 Cal. 530.) Jury.—The right of trial by jury in cases of emi- nent domain did not exist prior to the new constitu- 41 CONSTITUTION oF 1879. Art. I, §§ 15,16 tion. (Koppikus v. State Oapitol Commrs., 16 Cal. 248; People v. Blake, 19 Cal. 579.) Police power.—The police power will not authorize the state to take private property for public use without compensation, when such property can be condemned and paid for. (People v. Elk ete. Co., 107 Cal. 221, 40 Pac. 531.) This provision does not prevent the legislature from prohibiting the conducting of offensive trades within the limits of a city. (Ex parte Shrader, 33 Cal. 279.) Sec. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property; and ho person shall be imprisoned for a militia fine in time of peace. IMPRISONMENT FOR DEBT.—An assault and battery is not a case of fraud within the meaning of this provision. (Hx parte Prader, 6 Cal. 239.) In a suit to recover money received by a person as agent, such agent cannot be arrested without showing some fraudulent conduct on his part, or a demand on him by the principal and a refusal to pay. (In re Holdforth, 1 Cal. 488.) The proceedings for the settlement of an estate are not a civil action within the meaning of this section. (Ex parte Smith, 53 Cal. 204.) Nor is money in the hands of an executor a ‘‘debt’” within the meaning of this section. (Ex parte Smith, 53 Cal. 204.) Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. IMPAIRING OBLIGATION OF CONTRACTS— Contract.—A liquor license is not a contract within the meaning of this section, and may be revoked at any time. (Hevren v. Reed, 126 Cal. 219, 58 Pac. 536.) ‘ ‘Art rig i$ 16 CONSTITUTION OF 1879, 42 No person has a vested right to an unenforced penalty; and if such a penalty is reduced to judg- iment, the judgment will be reversed upon appeal, if, pending the appeal, the statute imposing the penalty . is repealed. (Anderson y. Byrnes, 122 Oal. 272, 54 Pac, 821.) As to whether or not the charter of a corporation is a contract within the meaning of this provision, see Spring Valley W. W. v. San Francisco, 61 Cal. 3. A legislative grant of property to a municipal cor- poration is an executed contract, and as such within this clause. (Grogan vy. San Francisco, 18 Cal. 590.) The right to practice law is not a contract. (Cohen vy. Wright, 22 Cal. 298.) An act authorizing the contractor to sue for a street assessment is a contract. (Creighton v. Pragg, 21 Cal. 115.) Judicial decisions.—The decisions of state courts in regard to general rules of-law, although they may affect contract rights, are not subject to the rule laid down by the federal courts that a judicial construction of a statute, so far as contract rights acquired under it are concerned, becomes a part of the statute, and that a change in such construction has the same effect on contracts as a _ legislative amendment. (Alferitz v. Borgwardt, 126 Cal. 201, 58 Pac. 460.) The decision holding that a chattel mortgage vests the title in the mortgagee was not a judicial con- struction of section 1888 of the Civil Code, whieh was overlooked by the court, and does not fall within the rule of the federal courts that contract rights acquired under a judicial construction of a statute by a state court will be governed thereby, and can- not be affected by a subsequent change in such con- struction. (Alferitz v. Borgwardt, 126 Cal. 201, 58 » Pac. 460.) ? Decisions declaring that a conveyance absolute in form, but intended as security, did not pass the legal title, cannot be considered as forming part of a con- veyance executed after such decisions and before they were overruled, (Alien y. Allen, 95 Cal. 184, 30 Pac. 213.) | 43 CONSTITUTION OF 1879. Art. I, .& 16 Impairing the obligation._Impairing the obliga- tion of other things than contracts is not prohibited. (Robinson v.. Magee, 9 Cal. 81.) A valid contract cannot be abrogated by the adop- tion of a new constitution, any more than it can be by the enactment of a law by the legislature. (Ede v. Knight, 93 Cal. 159, 28 Pac. 860.) An act destroying the legal remedy upon a con- tract impairs the obligation of the contract. (Bates v. Gregory, 89 Cal. 387, 26 Pac. 891; Robinson v. Magee, 9 Cal. 81; Creighton v. Pragg, 21 Cal. 115; Thorne vy. San Francisco, 4 Cal. 127.) The legislature may alter or change the remedy, provided the right is not materially affected; but whenever the remedy is so far altered as to impair, destroy, change, or render the right scarcely worth pursuing, the obligation of the contract upon which the right is founded is impaired. (Smith v. Morse, 2 Cal. 524.) The constitution does not inhibit all legislation in respect to contracts, but only forbids the impairing of their obligation. (Thornton v. Hooper, 14 Cal. 9.) The legislature cannot, after a contract is made, change its terms, or authorize a performance different from that prescribed in the contract. (McGee v. San Jose, 68 Cal. 91, 8 Pac. 641.) Contracts with state, counties and cities.—A state ean no more impair the obligation of a contract made by it with an individual than a contract between two citizens. (Floyd v. Blanding, 54 Cal. 41.) An act extinguishing the debts of a city is void. (Smith v. Morse, 2 Cal. 524.) An act ratifying an ordinance of the city and county of San Francisco transferring all of the prop- erty of the city to the “Commissioners of the Sink- ing Fund,” and thus placing it beyond the reach of the city’s creditors, is void. (Smith v. Morse, 2 Cal. 524.) : When bonds of a city are issued and accepted by . the creditors of the city under a statute requiring an annual levy of taxes in payment thereof, the con- tract is made as solemn and binding and as much ' beyond subsequent legislation as it would have been if made between private persons. (Meyer v. Bryan, ATL, S110 CONSTITUTION OF 1879. 44 65 Cal. 583, 26 Pac. 281; Bates v. Porter, 74 Cal. 224, 16° Pac: 7382 Where creditors of a city, under the act of 1851, creating the board of fund commissioners of San Francisco, surrendered the old indebtedness and took a new security, bearing a different rate of in- terest, the act entered into the contract, and cannot be amended so as to impair or destroy the rights of the parties under the contract. (People v. Woods, 7 Cal. 579; People v. Bond, 10 Cal. 563.) The act to authorize the funding of the floating debt of San Francisco is a contract, and its obliga- tions cannot be impaired by amendments, but new. provisions may be added, provided the rights of cred- itors are not injuriously affected. (Thornton vy. Hooper, 14 Cal. 9; Babcock v. Middleton, 20 Cal, 643 ) AS a general rule, a provision, whether made by a state or a corporation, to meet its debts or en- gagements, may be regarded as only a means of executing its own policy or transacting its own busi- ness, and may be altered or repealed at pleasure. (San Francisco v. Beideman, 17 Cal. 443.) ; An act providing for the payment of the debts of a county by refunding is not void, asthe creditor had no remedy against the county which could be impaired. (Hunsaker v. Borden, 5 Cal. 288.) The legislature cannot devest the right of a party to have a county warrant paid when that right is complete, vested, and. determined. (Laforge vy. Magee, 6 Cal. 650.) A statute requiring all persons holding certain county warrants to present them for registry before a certain date or be forever barred from enforcing the payment thereof, adds a new condition to the contract, and therefore impairs its obligation. (Rob- inson v. Magee, 9 Cal. 81.) This provision relates solely to contracts between individuals and not to contracts between individuals and the state, because the state cannot be sued. (Myers v. English, 9 Cal. 341. But see 23 Am. & Eng. Ency. of Law, 1st ed., 79.) An act authorizing a county to fund its outstand- ing warrants, which were not to draw interest, and to make the bonds given in exchange therefor bear 45 CONSTITUTION OF 1879. Art. -I, .8.16 interest, is not unconstitutional. (Chapman yv. Morris, 28 Cal. 393.) A law for the funding of the debts of a county is valid, for the county cannot be sued except by con- sent of the state, and that consent can be granted upon any terms the state sees fit to impose. (Sharp v. Contra Costa Co., 34 Cal. 284.) But while the state and its legal subdivisions can- not be compelled to perform their contracts, the state cannot annul them. Therefore, an act creating funding commissioners and providing that no claim against the county shall be valid unless presented to and allowed by the commissioners is void. (Rose v. Hstudillo, 39 Cal. 270.) The legislature cannot require the creditors of a county to surrender their evidences of indebtedness, and accept new ones in different terms, but it may refuse to provide funds to pay any portion of the old indebtedness, unless the creditor will accept such hew indebtedness. (People v. Morse, 438 Cal. 534.) Retrospective statutes.—It is to be presumed that no statute is to operate retrospectively, unless the contrary clearly appears. (Pignaz v. Burnett, 119 Cal. 157, 51 Pac. 48.) A retrospective statute is void only when it de- prives a person of some vested right, secured either by some constitutional guaranty, or protected by the principles of natural justice. (Galland v. Lewis, 26 Cal. 46.) A law making certain transfers presumptively fraudulent cannot be given a retrospective effect. (Cook v.' Cockins, 117 Cal. 140, 48 Pac. 1025.) Remedial statutes.—Remedial statutes, which are retrospective, but do not impair contracts or disturb absolute vested rights, and only go to confirm rights already existing, are valid. (Dentzel v. Waldie, 30 Cal. 138.) The legislature may legalize defective and invalid assessments of taxes. (People v. Holladay, 25 Cal. 300.) Particular statutes.—Where, upon the death of the ancestor, the heirs become at once vested with the full title to his real estate, subject only to certain ATE. iy Sa6 CONSTITUTION OF 1879. 4G liens or burdens, the legislature cannot, by a subse- quent enactment, interfere with such vested right by authorizing a sale of the property by an exec- utor or administrator solely for the benefit of the heirs. (Hstate of Packer, 125 Cal. 396, 58 Pac. 59.) A law reducing the percentage payable upon re- demption, passed after the sale, is void. (Thresher v. Atchison, 117 Cal. 73, 48 Pac. 1020.) A law imposing more onerous conditions upon the right to redeem from a tax sale than those which existed when the sale was made is void. (Teralta Land ete. Co. v. Shaffer, 116 Cal. 518, 48 Pac. 613.) The legislature may reduce the time within which a deed must be made by a tax collector, provided a reasonable time is allowed in which to obtain the deed. (Tuttle v. Block, 104 Cal. 448, 88 Pac. 109.) To extend the time for redemption is to alter the substance of the contract. (Rollins v. Wright, 93 Cal. 395, 29 Pac. 58; Barnitz v. Beverly, 163 U. S. 118, 16 Sup. Ct. Rep. 1042; Haynes vy. Treadway, 22 Cal. Dec. 121; Malone y. Roy, 22 Cal. Dec. 514.) A statute passed after the making of a contract, giving a right of redemption from an execution sale, is unconstitutional. (Thorne v. San Francisco, 4 Cal, 127.) An act taking away the right of redemption passed after a contract of indebtedness has been entered into and after it has been reduced to judgment, but before the sale, is valid. (Tuolumne Redemption Co. vy. Sedgwick, 15 Cal. 515.) A state cannot enact an insolvent law discharging the obligations of contracts made out of the state. (Lowenberg v. Levine, 98 Cal. 215, 28 Pac. 941.) A law which shortens the time within which to file a notice of a mechanic’s lien may constitutionally be made to apply to pending cases of uncompleted build- ings; provided, an adequate and availing remedy be left to enforce the lien. (Kerckhoff-Guzner Mill ete. Co. v. Olmstead, 85 Cal. 80, 28 Pac. 648.) A law providing for the discharge of a debt con- tracted before its adoption is valid. (Porter v. Imus, 79 Cal. 183, 21 Pac. 729. But see 16 Am. & Eng. Enecy. of Law, 2d ed., 640.) The construction of section 4, article 18, of the con- AT CONSTITUTION OF 1879. Arte tS LG stitution, so that it makes the mortgagee of a mort- gage executed prior to the adoption of the constitu- tion primarily liable for the taxes, where the mort- gage makes no provision on the subject, does not impair the obligation of the contract. (Hay v. Hill, 65 Cal. 383, 4 Pac. 378; McCoppen v. McCartney, 60 Cal. 367.) 7 To give section 5, article 18, of the constitution a retrospective operation, would be impairing the obli- gation of contracts. (Beckman y. Skaggs, 59 Cal. 541.) The act, commonly known as the Water Lot Act, providing for the disposition of submerged lands and fixing a line which is to “remain a permanent water- front,’ does not amount to a contract with the grantees of the land that the waterfront so fixed shall not be extended or otherwise changed. (Floyd v. Blanding, 54 Cal. 41.) An act exempting property from execution after a debt is contracted is void. (Smith v. Morse, 2 Cal. §24.) A law changing the time within which an action must be brought does not impair any vested right, for it only affects the remedy, and not the right. (Billings v. Hall, 7 Cal. 1.) An act requiring a person to pay for improvements ‘put upon his land by a trespasser against his will does not impair the obligation of any contract, as the individuals forming a government are not con- tractors with such government, within the meaning of this section. (Billings v. Hall, 7 Cal. 1.) An act making void prior deeds, unless recorded in accordance therewith, does not impair vested rights. (Stafford v. Lick, 7 Cal. 479.) After having made an appropriation in view of a contemplated contract to be based thereon, and such contract is made, and funds to meet the appro- priation are received into the treasury, the legisla- ture cannot devrive the party with whom the con- tract is made of such funds by repealing the appro- priation. (McCauley v. Brooks, 16 Cal. 11.) An act making the assessment prima facie proof of the tax, and prohibiting the defendant from set- ting up any informality in’ the levy or assessment APtalL St CONSTITUTION OF 1879. 48 of the tax, is valid, since it goes merely to the rem- edy. (People v. Seymour, 16 Cal. 332.) An act requiring litigants to take the oath of al- legiance is valid. (Cohen v. Wright, 22 Cal. 293.) The “Specific Contract Act” is not in violation of this section. (Galland. v. Lewis, 26 Cal. 46; Otis v. Haseltine, 27 Cal. 80.) An act validating powers of attorney theretofore made by married women for the sale of their sepa- rate property, and conveyances made by attorneys in fact thereunder, is valid. (Dentzel v. Waddie, 30 Cal. 188.) The legislature may impose on debtors the obliga- tion to pay interest after the passage of the act on debts already due. (Dunne v. Mastick, 50 Cal. 244.) An ordinance providing that no liquor license shall be granted to any person who has conducted the business of selling liquors in any place where females are emploved ‘is valid. (Foster v. Police Commrs., 102 Cal. 483, 37 Pace. 763.) EX POST FACTO LAWS.—A law changing the forms of procedure by which persons accused of crime are to be tried for offenses committed before the law was passed is not an ex post facto law. (People v. Mortimer, 46 Cal. 114.) A crime committed before the adoption of the con- stitution of 1879 may, after such adoption, be prose- cuted by information. (People v. Campbell, 59 Cal. 243.) The section of the Penal Code which provides that one who has been convicted of petit larceny, who shall again commit the same offense, is to be deemed guilty of a felony, is not ex post facto, when applied to one who committed the first offense prior to the taking effect of the provision. (Hx parte Gutierrez, 45 Cal. 429.) Where, after the commission of a crime, the crime is reduced by statute from a felony to a misdemeanor, such statute works a repeal of the former law, and such crime cannot be punished under either law. (People v. Tisdale, 57 Cal. 104.) Sec. 1%. Foreigners of the white race, or of African descent, eligible to become citizens of 49 CONSTITUTION OF 1879. Art. I, $17 the United States under the naturalization laws thereof, while bona fide residents of this state, shall have the same rights in respect to the ac- quisition, possession, enjoyment, transmission, and inheritance of all property, other than real es- tate, as native-born citizens; provided, that such aliens owning real estate at the time of the adop- tion of this amendment may remain such owners; and provided further, that the legislature may, by statute, provide for the disposition of real estate which shall hereafter be acquired by such aliens by descent or devise. [Amendment adopted No- vember 6, 1894. | [ORIGINAL SECTION.] See. 17. Foreigners of the white race or of African descent, eligible to become citizens of the United States under the naturalization laws thereof, while bona fide residents of this state, shall have the same rights in respect to the acquisition, possession, enjoy- ment, transmission, and inheritance of property as native-born citizens. ALIENS.—An alien is not eligible to an office in this state. (Walther v. Rabolt, 30 Cal. 185.) By the common law, aliens could not acquire prop- erty by descent or other operation of law; and this section only removes this disability from those who are bona fide residents within the state. (Norris v. Hoyt, 18 Cal. 217.) A nonresident alien may take and hold property acquired by purchase until office found. (Norris v. Hoyt, 18 Cal. 217.) An act permitting nonresident aliens to inherit real and personal estate is valid. (People v. Rogers, 18 Cal. 159; Estate of Billings, 65 Cal. 593, 4 Pac. 639; Lyons y. California, 67 Cal. 380, 7 Pac. 763.) Constitution—5 Art. I, §§ 18-20 CONSTITUTION OF 1879. 50 This provision by implication excludes nonresident aliens from the rights mentioned in this section. (Si- emssen vy. Bofer, 6 Cal. 250.) This section prohibits the legislature from depriv- ing resident foreigners of any of the rights enjoyed by native-born citizens with respect to the acquisi- tion, possession, enjoyment, transmission, or inherit- ance of property. (State v. Smith, 70 Cal. 153, 12 Pacet21.) Sec. 18. Neither slavery nor involuntary servi- tude, unless for the punishment of crime, shall ever be tolerated in this state. SLAVERY.—Performance of work upon an assess- ment for repair of roads is not such involuntary servitude as is contemplated by this provision. (In re Dassler, 35 Kan. 678.) On this subject generally, see In re Turner, 1 Abb. U. S. 84; Clark’s Case, 1 Blackf. 122, 12 Am. Dee. 213; In re Sah Quah, 31 Fed. 327; U. S. Const., art. 18. Sec. 19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirma- tion, particularly describing the place to be searched and the persons and things to be seized. SEARCH WARRANTS. — The legislature has power to authorize the issuance of a warrant to search the person of an individual in a proper case. (Collins v. Lean, 68 Cal. 284, 9 Pac. 173.) Sections 1458 to 1461 of the Code of Civil Pro- cedure do not violate this section. (Levy v. Superior Court, 105 Cal. 600, 88 Pac. 541.) Sec. 20. Treason against the state shall consist only in levying war against it, adhering to its 5i CONSTITUTION OF 1879. Atco § 21 enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. TREASON.—The constitutional definition of treason in the United States constitution cannot be restricted or extended by Congress. (United States v. Great- house, 2 Abb. U. S. 364; United States v. Hanway, 2 Wall. Jr. 139.) As to treason against a state, see People v. Lynch, 11 Johns. 549; Charge to Jury, 1 Story, 614. The constitutional requirement of two witnesses, ete., does not apply to the preliminary examination by magistrate or grand jury. (United States v. Han- way, 2 Wall. Jr. 188.) Sec. 21. No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens. EXCLUSIVE PRIVILEGES.—Under the former constitution, it was held that exclusive privileges and franchises might be conferred by the legislature upon persons or corporations. (California State Tel. Co. v. Alta Tel. Co., 22 Cal. 398.) But this decision was overruled in San Francisco v. Spring Valley W. W., 48 Cal. 493, 517. The legislature may deny to one man a privilege extended to another. The constitution is violated only when a privilege extended to one is denied to another on substantially the same facts; and whether the facts of a particular case constitute a proper exception to the general law is for the legislature to determine. (People v. Twelfth District Court, 17 Cal. 547.) Atte ie 3:22 CONSTITUTION OF 1879. o2 An ordinance prohibiting public laundries in desig- nated parts of a city is not in violation of this seec- tion. (In re Hang Kie, 69 Cal. 149, 10 Pac. 327.) An ordinance levying a license tax upon all sheep which are pastured in the county, except sheep listed as taxable property in the county, and upon which taxes are paid, is in violation of this section. (Las- sen Co. v. Cone, 72 Cal. 387, 14 Pac. 100.) But an ordinance requiring all persons engaged in the business of raising, grazing, herding, or pastur- ing sheep in the county to pay an annual license of fifty dollars for every thousand sheep is not in vio- lation of this provision. (Hx parte Mirande, 73 Cal. 365, 14 Pac. 838.) A law providing a special method of assessment and collection of taxes against railroads situated in more than one county is not in violation of this sec- tion. (People v. Central Pac. R. R. Co), 105 Cal 576, 88 Pac. 905. Overruling People v. Central Pac. R. R. Co., 88 Cal. 393, 23 Pac.»303,) An act making it a misdemeanor to keep open a barber-shop on Sundays or other holidays is in vio- lation of this section. (Hx parte Jentzsch, 112 Cal. 468, 44 Pac. 803.) The Primary Election Law of 1899, which prohib- its the election of delegates to a convention of any political party not representing three per cent of the votes cast at the previous election, is void. (Britton v. Board of Election Commrs., 129 Cal. 387, 61 Pac. 1115. Per Henshaw, J., Van Dyke, J., and McFar- land, J.) The provision of the County Government Act that no supplies, ete., shall be purchased for the county from any person who has not had a business in the county for a year prior to the purchase is in viola- tion of this section. (Van Harlingen y. Doyle, 22 Cal. Dec. 356.) Sec. 22. The provisions of this constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. ARTICLH I. Suspending Prohibition Amendment. Section 26a (new). Should an amendment to the Constitution 01 the State of California by adding to article I two new sections t¢/ and relating to Pe ciaciine AES! be enacted at the ; election held on Nov. 3, 1914, then the force and effect of saidl section 26 shall be suspended until Feb. 15, 1915, at which time it shall have full force and effect except that, as to the manu+ facture and transportation of intoxicating liquors for delivery points outside of the State of California only, the force and effect thereof shall be suspended until Jan. 1, 1916, at which time such manufacture and transportation also shall wholly cease and o and after said date said section 26 shall in all respects have full force and effect. (Adopted November 38, 1914.) Rane. Art. I~ Sec. 25. Right to fish upon public lands. Section 25 [new]. The people shall have the right to fish upon and from the public lands of the state and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the state shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shail ever be passed making it a crime for the people to enter upon the public lands within this state for the purpose of fishing in any water containing fish that have been planted there- in by the state; provided, that the legislature may by statute. provide for the season when and the conditions under which the different species of fish may be taken. [New section; adopted November §&8, 1910.] 53 CONSTITUTION OF 1879. Art. I, §§ 23, 24 MANDATORY AND PROHIBITORY.—As to the nieaning of this provision, see Matter of Maguire, 57 Cal, 604. Notwithstanding this section, where a provision of the constitution js expressly made permissive, as by the use of the word “may,” it will not be deemed man- datory. (I*resno Nat. Bank vy. Superior Court, 83 Cal. 491, 24 Pac. 157.) Section 5, article 11, of the constitution, is manda- tory. (Knight vy. Martin, 128 Cal. 245, 60 Pac. 849; Dwyer v.: Parker, 115 Cal. 544, 47 Pac. 372.) ; Section 19, article 11, of the constitution is manda- tory. (McDonald vy. Patterson, 54 Cal. 245; Pereria vy. Wallace, 129 Cal. 397, 62 Pac. 61.) Sec. 23. This enumeration of rights shall not be construed to impair or deny others retained by the people. IMPLIED RIGHTS.—The Primary Election Law of 1899, which allows members of one political party to vote for delegates to the party convention of an- other party, is void. (Britton v.. Board of Hlection Commrs., 129 Cal. 337, 61 Pac. 1115.) Sec. 24. No property qualification shall ever be required for any person to vote or hold of- fice. PROPERTY QUALIFICATION.—-This section does not apply to a voter in a reclamation district. (Peo- ple v. Reclamation Dist. No. 551, 117 Cal. 114, 48 Pac. 1016.) Art. II, §4 CONSTITUTION OF 1879. 54 ARTICLE II. RIGHT OF SUFFRAGE. 1. Who are and who are not electors. 2. Privileges of electors. 2%. Primary elections. 3. Militia duty, privilege of electors. 4, Residence of voters, gained or lost. 5. Election by ballot. Cr CO Yr Cr cr Section 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have be- come such ninety days prior to any election, of the age of twenty-one years, who shall have been resident of the state one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elec- tions which are now or may hereafter be author- ized by law; provided, no native of China, no idiot, no insane person, no person convicted of any in- famous crime, no person hereafter convicted of the embezzlement or misappropriation of public money, and no person who shall not be able to (OnStHeATts at Ee Seer: Who may vote; who may not. Section 1. Every [native citizen] of the United States, [every person] who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and [every naturalized] citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been resident of the state one year next preceding the election, and of the county in which he [or she] claims [his or her] vote minety days, and in the election precinct thirty days, shall be antitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, no idiot, no insane person, no person convicted of any infamous crime, no person hereafter convicted of the embezzlement or misappropri- ation of public money, and no person who shall not be able to read the constitution in the English language and write his [or her] name, shall ever exercise the privileges of an elector in this state; provided, that the provisions of this amendment relative to an educational qualification shall not apply to any person prevented by a physical disability from complying with its requisi- tions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age and upwards at the time this amendment shall take affect. [Amendment adopted October 10, 1911.] a CONSTITUTION OF 1879. Art. II, §1 read the constitution in the English language and write his name, shall ever exercise the privileges of an elector in this state; provided, that the provisions of this amendment relative to an educational qualification shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age and up- wards at the time this amendment shall take ef- fect. [Amendment adopted November 6, 1894. | [ORIGINAL SECTION. ] Section 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citi- zen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which he claims his vote ninety days, and in the elec- tion precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be au- thorized by law; provided, no native of China, no idiot, insane person, or person convicted of any in- famous crime, and no person hereafter convicted of the embezzlement or misappropriation of public mon- ey, Shall ever exercise the privileges of an elector in this state. RIGHT OF SUFFRAGE.—When Congress admit- ted California as a state, the constituent members of the state, in their aggregate capacity, became vested with the sovereign powers of government ‘“‘ac- cording to the principles of the constitution,” and Art. Ti, 84 CONSTITUTION OF 1879. 56 had the right to prescribe the qualifications of electors. (People v. De la Guerra, 40 Cal. 311.) It was no violation of the ninth article of the treaty of Guadalupe Hidalgo that the qualifications of electors, as prescribed in the constitution of Cali- fornia, were such as to exclude some of the inhabi- tants from certain political rights. (People v. De la Guerra, 40 Cal. 311.) The elective franchise is not one of the privileges of citizens secured by the fourteenth amendment, nor is the power of the state to determine the class of inhabitants who may vote within her limits curtailed by that amendment; and the only limitation con- tained in the fifteenth amendment is that the state cannot discriminate on account of race, color, or pre- vious condition of servitude; but the power of ex- clusion upon all other grounds, including that of sex, remains intact. (Van Valkenburg vy. Brown, 43 Cal. 43.) The legislature cannot add any essential to the con- stitutional definition of an elector. (Bergevin Vv. Curtz, 127 Cal. 86, 59 Pac. 312.) A person may be,an elector although not a regis- tered voter. (Bergevin vy. Curtz, 127 Cal.. 86/599) Pac 312.) - Registration is not a qualification of an elector, and cannot add to the qualifications fixed by the con- stitution; but it is to be regarded as a reasonable reg- ulation by the legislature for the purpose of ascer- taining who are qualified electors in order to prevent illegal voting. (Bergevin v. Curtz, 127 Cal. 86, 59 Pac. 312.) A primary election is an election “authorized by law,” within the meaning of this section, and the pro- visions thereof, defining the qualifications of electors, are controlling in determining the right to vote at such elections, and such right can neither be enlarged nor curtailed by the legislature. (Spier v. Baker, 120 Galic370, 52 (Pac 659.) A provision of the Primary Election Law that all native-born citizens, who since the last general elec- tion have become of legal age, and who have been legal residents of the county thirty days prior to the election, as well as all citizens who have become such 57 CONSTITUTION OF 1879. Art. IT; §:2 by naturalization since the last general election, and who have been residents as aforesaid, shall be en- titled to vote, is an enlargement of the constitutional right of suffrage and void. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) A provision of the Primary Election Law, that no person shall vote at primary elections whose name does not appear upon the last great register, or sup- plements thereto, curtails the right of suffrage, and is void. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) This section does not apply to a voter in a recla- mation district. (People v. Reclamation Dist. . No. 551, 117 Cal. 114, 48 Pac. 1016.) The provision of the Political Code that, when a voter erases the name of a candidate without sub- stituting another, the vote must be counted for the eandidate whose name is erased, unless the words “no vote” are written after the name erased, is not unconstitutional, as prescribing an educational quali- fication for the voter, or destroying the secrecy of the ballot. (Rutledge v. Crawford, 91 Cal. 526, 27 Pac. 119) A person born in a foreign state, whose father was. once a citizen of the United States, but renounced his allegiance before the birth of such person, is not a citizen of the United States. (Browne vy. Dexter, 66 Cal. 39, 4 Pac. 913.) The legislature has no power to authorize electors to give their votes at any place outside of the county or district in which they have had a legal residence for thirty days previous to the election. (Bourland v. Hildreth, 26 Cal. 161.) An act providing for taking the votes of the elec- tors of the state, who are in the military service of the United States, outside of the county of their legal residence, to be returned to the secretary of state, and counted in the counties of the legal residence of the electors, is void. (Bourland v. Hildreth, 26 Cal. 161; Day y. Jcnes, 31 Cal. 261.) Sec. 2. Electors shall in all cases, except trea- son, felony, or breach of the peace, be privileged from arrest on the days of election, during their Art. II, §2%4 constTIruTIon oF 1879, 58 attendance at such election, going to and return- ing therefrom. Sec. 24. The legislature shall have the power to enact laws relative to the election of delegates to conventions of political parties at elections known and designated as primary elections. AlI- so to determine the tests and conditions upon which electors, political parties, or organizations of voters, may participate in any such primary election, which tests or conditions may be dif- ferent from the tests and conditions required and permitted at other elections authorized by law; or the legislature may delegate the power to determine such tests or conditions, at primary elections, to the various political parties partici- pating therein. It shall also be lawful for the legislature to prescribe that any such primary election law shall be obligatory and:mandatory in any city, or any city and county, or in any county, or in any political subdivision, of a designated population, and that such law shall be optional in any city, city and county, county, or political subdivision of a lesser population, and for such purpose such law may declare the population of any city, city and county, county, or political sub- division, and may also provide what, if any, com- pensation primary election officers in defined places or political subdivisions may receive, with- out making compensation either general or uni- form. [Amendment adopted November 6, 1900. ] 59 ; CONSTITUTION OF 1879. Art. II, §§ 3,4 PRIMARY ELECTIONS.—Prior to the adoption of this amendment, three acts regulating primary elec- tions were passed by the legislature, each of which was held invalid by the supreme court. 1. Act of 1895.—The first act on the subject was held invalid because it only applied to counties of the first and second class, and was therefore local and special. (Marsh v. Supervisors, 111 Cal. 368, 43 Pac. 975.) 2. Act of 1897.—The second act on the subject was held invalid on the following grounds: (a) because it enlarged the right of suffrage; (b) because it re- stricted the right of suffrage; (c) because certain portions of it were not expressed in the title of the act; (d) because it was special, in that it discrimi- nated in favor of and against certain classes and in- dividuals. (Spier vy. Baker, 120 Cal. 870, 52 Pac. 659.) 3. Act of 1899.—The third act on the subject was held invalid because it permitted members of one po- litical party or of no party to vote for delegates to the party convention of another party, and thus took away the rights of self-control and self-preservation from political parties. Three of the justices (Hen- shaw, J., Van Dyke, J., and McFarland, J.) also held it invalid because it prohibited the election of dele- gates to a convention of any political party not rep- resenting three per cent. of the votes cast at the last election. (Britton.v. Board of Election Commrs., 129 Cal oot, 61 Pac..1115,) Sec. 8. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the United States, nor while engaged in the navigation of the waters of this state or of the United States, or of the At. 7135 CONSTITUTION OF 1879. -.60 high seas; nor while a student at any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while con- fined in any public prison. RESIDENCE.—This provision does not preclude the gaining of a residence for the purpose of voting by soldiers, college students, or inhabitants of a vet- erans’ home, upon proof of their intention to acquire a domicile in the county of which they are inhabi- tants. (Stewart v. Kyser, 105 Cal. 459, 39 Pac. 19; People v. Holden, 28 Cal. 123.) Presence in the state more than six months and in the county more than thirty days, under orders as a soldier in the military service of the United States, does not of itself entitle a person to vote. (Devlin y. Anderson, 88 Cal. 92.) This section does not authorize an act providing for the taking of the votes of electors of this state, in the military service of the United States, outside of the counties of their legal residences. (Bourland vy. Hildreth, 26 Cal. 161; Day v. Jones, 31 Cal. 261.) Sec. 5. All elections by the people shall be by ballot * or by such other method as may be pre- scribed by law; provided, that secrecy in voting be preserved. [All after * added by amendment adopted November 3, 1896.] Article II, Section 6. See. 6. The inhibitions of this Constitution to the contrary notwithstanding, the legislature shall have power to provide that in different parts of the state different methods may be em- ployed for receiving and registering the will of the people as expressed at elections, and may provide that mechanical devices may be used within designated subdivisions of the state at the option of the local authority indicated by the legislature for that purpose. (Amendment adopt- ed November 4, 1902.) 61 CONSTITUTION OF 1879. Avie Lit) :44k ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the government of the state of California shall be divided into three separate departments—the legislative, executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions ap- pertaining to either ot the others, except as in this constitution expressly directed or permitted. DEPARTMENTS OF GOVERNMENT.—The de- partments mentioned in this section are the depart- ments of the state government, and not the local gov- ernments thereafter to be created by the legislature. (People y. Provines, 34 Cal. 520; Staude v. Election Commrs.. 61 Cal. 313: Holley v. Orange Co., 106 Gal. 420, 39 Pac. 790. Burgoyne v. Supervisors, 5 Cal. 9, and cases following it, overruled.) This provision does not place either department above the law, nor make either independent of the other. (McCauley v. Brooks, 16 Cal. 11.) As to how far the several departments are inde- pendent of each other, see People v. Twelfth District Court, 17 Cal. 547. *Legislative department.—The distinction between a judicial and a legislative act is, that the former - determines what the law is and what the rights of the parties are, with reference to transactions al- ready had, and the latter prescribes what the law shall be in future cases arising under it. (People v. Board of Education, 54 Cal. 875.) Constitution—6§ . Art. III, §1 CONSTITUTION oF 1879. _ 62 Legislative power prescribes rules of conduct for the government of the citizen or subject, while judi- cial power punishes and redresses wrongs growing out of rules previously established. The distinction lies between a rule and a sentence. (Hx parte Shrad- er, 33 Cal. 279; Smith v. Strother, 68 Cal. 194, 8 Pac. 852; Wulzen y. Supervisors, 101 Cal. 15, 35 Pac. 353.) ‘The legislature cannot exercise judicial functions. (Guy v. Hermance, 5 Cal. 73.) An act providing that no injunction shall issue against commissioners created by the act is an exer- cise of judicial functions, and void. (Guy v. Her- mance, 5 Cal. 73.) The election of officers is political, and may be ex- ercised by both the legislative and executive branches of the government. (People v. Langdon, 8 Cal. 1.) To audit and allow the claim of a judgment credi- tor against a city is not the exercise of a judicial function. (People v. Supervisors, 11 Cal. 207.) The legislature may pass a special law directing a court to transfer an indictment for murder pending therein to another court for trial. (People v. Twelfth District Court, 17 Cal. 547.) An act conferring upon boards of supervisors pow- er to try a contest in relation to the office of county judge is void. (Stone v. Elkins, 24 Cal. 125.) An act of the legislature granting a new trial, or reopening a judgment in an action between individu- als, would be an assumption of judicial power; but an act allowing a judgment in favor of the state to be reopened would not be invalid. (People v. Fris- bie, 26 Cal. 185.) The legislature cannot by law fix the assessed val- ue of property. (People v. Hastings, 29 Cal. 449.) The legislature has no power to legalize existing pleadings substantially defective, without first re quiring them to be amended. (People v. Mariposa Co., 31 Cal. 196.) An act determining that certain trades are offen- sive is not an exercise of Judicial power. (Hx parte Shrader, 33 Cal. 279.) An act to validate a judgment of a court void for want of jurisdiction is void. (Pryor v. Downey, 50 Cal. 388.) 63 CONSTITUTION OF 1879. Art. III, § 1 As to whether the sale of the property of a minor is a matter of judicial cognizance exclusively, see Paty v. Smith, 50 Cal. 153. An act prescribing the contents of a complaint to foreclose a street assessment is not a usurpation of judicial functions. (Whiting v. Townsend, 57 Cal. 515.) The action of a board of education, in adopting a series of readers for the public schools, in lieu of a series previously in use, is an exercise of legislative and not judicial power. (People v. Board of Edu- cation, 54 Cal. 375.) Judicial department.—The legislature has no pow- er to confer other than judicial functions upon the courts: (Burgoyne v. Supervisors, 5 Cal. 9; Harden- burgh v. Kidd, 10 Cal. 402.) E An act authorizing the judges of the superior court to fix the salaries of the official reporters of the courts is void as imposing legislative functions upon the judiciary. (Smith v. Strother, 68 Cal. 194, 8 Pac. 852.) But an act permitting a judge to fix the compensa- tion of a shorthand reporter after the services are rendered does not confer legislative power upon the judiciary. (McAllister v. Hamlin, 83 Cal. 361, 23 Pac. 357; Stevens v. Truman, 127 Cal. 155, 59 Pac. 397.) An act conferring upon district judges the power to appoint police commissioners is not in conflict with this section. (Staude v. Election Commrs., 61 Cal. 313.) A law providing for the change of names of cor- porations upon petition to the superior court is not unconstitutional as delegating legislative power to the judiciary. (Matter of La Societe Francaise, etc., 123 Cal. 525, 56 Pac. 458.) The legislature cannot confer nonjudicial power up- on the judges of a court as commissioners, any more than upon the court itself. (Burgoyne v. Supervis- ors, 5 Cal. 9.) An act conferring upon the courts of sessions the entire management of the financial business of the counties is void. (Burgoyne v. Supervisors, 5 Cal. 9; Phelan v. San Francisco, 6 Cal. 5381; Phelan vy. San Francisco, 20 Cal. 39.) Art. III, §1 CONSTITUTION OF 1879. 64 An act providing that the court may prescribe by rule what shall be deemed a waiver of a jury trial is in violation of this section. (EHxline y. Smith, 5 Cal. 112.) The judiciary has power to examine into the action of the executive in surrendering a fugitive from jus- tice. (In re Manchester, 5 Cal. 237.) The legislature cannot confer upon the county judge power to call an election. (Dickey v. Hurl- burt, 5 Cal. 348.) An act conferring upon the county court power of incorporating towns is void. (People v. Nevada, 6 Cal. 148.) The assessment of taxes is not a judicial, but a legislative, function. (Hardenburgh v. Kidd, 10 Cal. 402.) The duties of a judge in a proceeding to condemn land are judicial. (Gilmer v. Lime Point, 18 Cal. 229.) The legislature may declare the mayor of a city to be ex officio a justice cf the peace. (Uridias v. Morrill, 22 Cal. 478.) The chief justice of the supreme court is prohibited by this section from exercising the functions and du- ties of trustee of the state library. (People v. Sand- erson, 80 Cal. 160. But see People v. Provines, 34 Cal. 520.) This section does not prohibit a police judge of a | city from performing the duties of police commis- sioner. (People v. Provines, 34 Cal. 520.) Executive department.—The power of appointment to office is not essentially an executive function, with- in the meaning of this section; and such power may be exercised by the members of the legislature. (Peo- ple vy. Freeman, 80 Cal. 233, 22 Pac. 178; People vy. Langdon, 8 Cal. 1.) The power to levy a tax is purely legislative, and cannot be delegated to the county superintendent of schools, who is an executive officer. (McCabe vy. Carpenter, 102 Cal. 469, 36 Pac. 836.) A law requiring the auditor’s certificate that there is Sufficient money in the treasury before an appro- priation is made is valid, and does not vest judicial functions in a ministerial officer. (Higgins v. San 65 CONSTITUTION OF 1879. Art. III, §1 Diego Water Co., 118 Cal. 524, 45 Pac. 824, 50 Pae. 670; Pollok v. San Diego, 118 Cal. 5038, 50 Pac. 769.) A law conferring power upon city trustees to re- move a municipal officer is valid. (Croly v. Sacra- mento, 119 Cal, 229, 51 Pac. 323.) An act giving to horticultural commissioners pow- er to determine whether any particular place is a nuisance, because infected with insect pests, does not confer judicial power on such commissioners. (Los Angeles v. Spencer, 126 Cal. 670, 59 Pac. 202.) A law authorizing the high school board to furnish the supervisors with an estimate of the amount of the tax required, but leaving it to the supervisors to fix the tax, is not invalid as delegating legislative pow- ers to an executive officer. (People v. Lodi High School Dist., 124 Cal. 694, 67 Pac. 660. McCabe v. Carpenter, 102 Cal. 469, 36 Pac. 886, distinguished.) Art. IV CONSTITUTION OF 1879, 66 ARTICLE IV. LEGISLATIVE DEPARTMENT. § 1. Senate and assembly, and enacting clause. § 2 Sessions of legislature. § 8. Election and term of assemblymen. § 4. Bilection and term of senators. | § 5. Number and classes of senators. § 6. Senatorial and legislative districts. § 7. Organization of legislature. § 8. What number constitutes a quorum. § 9. Rules for their government—Expulsions. § 10. Each house to keep a journal. § 11. Privilege of members. § 12. Vacancies, how filled. § 13. Open doors and secret sessions. § 14. Adjournment, how long and where to. § 15. Origin and passage of bills. § 16. Approval and return of bills—Passage over veto. § 17. Impeachments, presentment and trial of. § 18. What officers liable to impeachment—Judg- ment on. § 19. Member ineligible to office created during the term. § 20. Who ineligible to office under state govern- ment—Proviso. Embezzlement or defaleation—Penalty for. Public moneys and accounts—Statement of re- ceipts and expenditures. Cor Cr nh bd ant wf CONSTITUTIONAL AMENDMENTS 1910-11 CONE eo Aart LV > SOC oL. Legislative power; power reserved to people; initiative and ref- erendum. Section 1. The legislative power of this state shall be vested in a senate and assembly which shall be designated ‘‘The legisla- ture of the State of California,’ [but the people reserve to them- selves the power to propose laws and amendments to the consti- tution, and to adopt or reject the same, at the polls independent of the legislature, and also reserve the power, at their own option, to so adopt or reject any act, or section or part of any act, passed by the jiegislature. The] enacting clause of every law shall be ‘‘The people of the State of [California do] enact as follows:”’ [The first power reserved to the people shall be Known as the initiative. Upon the presentation to the secretary of state of a petition certified as herein provided to have been signed by qualified electors, equal in number to eight per cent of all the votes cast for all candidates for governor at the last preceding general election, at which a governor was elected, proposing a law or amendment to the constitution, set forth in full in said peti- tion, the secretary of state shall submit the said proposed law or amendment to the constitution to the electors at the next succeeding general election occurring subsequent to ninety days after the presentation aforesaid of said petition, or at any special election called by-the governor in his discretion prior to such general election. All such initiative petitions shall have printed eacross the top thereof in twelve point black-face type the fol- lowing: ‘‘Initiative measure to be submitted directly to the electors.’’ [Upon the presentation to the secretary of state, at any time not less than ten days before the commencement of any regular session of the legislature, of a petition certified as herein provided to have been signed by qualified electors of the state equal in num- ber to five per cent of all the votes cast for all candidates for governor at the last preceding general election, at which a gover-~ nor was elected, proposing a law set forth in full in said peti- tion, the secretary of state shall transmit the same to the legisla: ture as soon as it convenes and organizes. The law proposed by such petition shall be either enacted or rejected without change or amendment by the legislature, within forty days from the time it is received by the legislature. If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided. If any law so petitioned for be rejected, or if no action is taken upon it by the legislature within said forty days, the secretary of state shall submit it to the people for approval or rejection at the next ensuing general election. The legislature may reject any measure so proposed by initiative petition and propose a different one on the same sub- ject by a yea and nay vote upon separate roli call, and in such event both measures shall be submitted by the secretary of state to the electors for approval or rejection at the next ensuing gen- eral election or at a prior special election called by the governor, in his discretion, for such purpose. All said initiative petitions last above described shall have printed in twelve point black- face type the following: ‘‘Initiative measure to be presented to the legislature.”’ {The second power reserved to the people shall be Known as the referendum. No act passed by the legislature shall go into ‘effect until ninety days after the final adjournment of the session of the legislature which passed such act, except acts calling elec- tions, acts providing for tax levies or appropriations for the usual current expenses of the state, and urgency measures necessary for the immediate preservation of the public peace, health or safety, passed by a two-thirds vote of all the members elected to each house. Whenever it is deemed necessary for the immedi- ate preservation of the public peace, health or safety that a law shall go into immediate effect, a statement of the facts consti- tuting such necessity shali be set forth in one section of the act, which section shall be passed only upOn a yea and nay vote, upon a separate roll call thereon; provided, however, that no measure creating or abolishing any office or changing the salary, term or duties of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be construed to be an urgency measure. Any law so passed by the legislature and declared to be an urgency measure shall go into immediate effect. [Upon the presentation to the secretary of state within ninety days after the final adjournment of the legislature of a petition certified as herein provided, to have been signed by qualified electors equal in number to five per cent of all the votes cast for all candidates for governor at the last preceding general election at which a governor was elected, asking that any act or section or part of any act of the legislature, be submitted to the electors for their approval or rejection, the secretary of state shall sub- mit to the electors for their approval or rejection, such act, or section or part of such act, at the next succeeding general elec- tion occurring at any time subsequent to thirty days after the filing of said petition or at any. special election which may be called by the governor, in his discretion, prior to such regular election, and no such act or section or part of such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon; but if a referendum petition is filed against any section or part of any act the remainder of such act shall not be delayed from going into effect. [Any act, law or amendment to the constitution submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon, at any election, shail take effect five days after the date of the official declaration of the vote by the secretary of state. No act, law or amendment to: the constitution, initiated or adopted by the people, shall be sub- ject to the veto power of the governor, and no act, law or amend- ment to the constitution, adopted by the people at the polls under the initiative provisions of this section, shail be amended or re- pealed except by a vote of the electors, unless otherwise provided in said initiative measure; but acts and laws adopted by the people under the referendum provisions of this section may be amended by the legislature at any subsequent session thereof. If any provision or provisions of two or more measures, approved by the electors at the same election, conflict, the provision or provisions of the measure receiving the highest affirmative vote shall prevail. Until otherwise provided by law, all measures sub- mitted to a vote of the electors, under the provisions of this sec- tion, shall be printed, and together with arguments for and against each such measure by the proponents and opponents thereof, shall be mailed to each elector in the same manner as now provided by law as to amendments to the constitution, pro- posed by the legislature; and the persons to prepare and present such arguments shail, until otherwise provided by law, be selected by the presiding officer of the senate. [lf for any reason any initiative or referendum measure, pro- posed by petition as herein provided, be not submitted at the election specified in this section, such failure shall not prevent its submission at .a succeeding general election, and no jaw or amendment to the constitution, proposed by the legislature, shall *be submitted at any election unless at the same election there shall. be submitted all measures. proposed by petition of the electors, if any be so proposed, as herein provided. [Any initiative or referendum petition may be presented in sections, but each section shall contain a full and correct copy of the title and text of the proposed measure. Each signer shall add to his signature his place of residence, giving the street and number if such exist. His election precinct shall also appear on the paper after his name. The number of signatures attached to each section shali be at the pleasure of the person soliciting signatures to the same. Any qualified elector of the state shall be competent to solicit said signatures within the county or city and county of which he is an elector. Each section of the peti- tion shali bear the name of the county or city and county in which it is circulated, and only qualified electors of such county or city and county shall be competent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating his own qualifications and that all the signatures to the attached section were made in his presence and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be, and no other affidavit there- to shall be required. The affidavit of any person soliciting sig- natures hereunder shall be verified free of charge by any officer authorized to administer oaths. Such petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors. Unless and until it be otherwise proven upon official -investigation, it shall be presumed that the petition presented contains the signa- tures of the requisite number of qualified electors. LEach section of the petition shall be filed with the clerk or registrar of voters of the county or city and county in which it was circulated, but all said sections circulated in any county or city and county shail be filed at the same time. Within twenty days after the filing of such petition in his office the said clerk, or registrar of voters, shall determine from the records of registra- tion what number of qualified electors have signed the same, and if necessary the board of supervisors shall allow said clerk or registrar additional assistants for the purpose of examining such petition and provide for their compensation. The said clerk or registrar, upon the completion of such examination, shall forth- with attach to said petition, except the signatures thereto ap- pended, his certificate, properly dated, showing the result of said examination and shall forthwith transmit said petition, together with his said certificate, to the secretary of state and also file a copy of said certificate in his office. Within forty days from the transmission of the said petition and certificate by the clerk or registrar to the secretary of state, a supplemental petition identical with the original as to the body of the petition but containing supplemental names, may be filed with the clerk or registrar of voters, as aforesaid. The clerk or registrar of voters shall within ten days after the filing of such supplemental petition make like examination thereof, as of the original petition, and upon the completion of such examination shall forthwith attach to said petition his certificate, properly dated, showing the result of said examination, and shall forthwith transmit a copy of said supplemental petition, except the signatures thereto appended, together with his certificate, to the secretary of state. [When the secretary of state shal] have received from one or more county clerks or registrars of voters a petition certified as herein provided to have been signed by the requisite number of qualified electors, he shall forthwith transmit to the county clerk or registrar of voters of every county or city and county in the state his certificate showing such fact. A petition shall be deemed to be filed with the secretary of state upon the date of the re- ceipt by him of a certificate or certificates showing said petition to be signed by the requisite number of electors of the state. Any county clerk or registrar of voters shall, upon receipt of such copy, file the same for record in his office. The duties herein imposed upon the clerk or registrar of voters shall be performed by such registrar of voters in all cases where the office of registrar of voters exists. [The initiative and referendum powers of the people are hereby further reserved to the electors of each county, city and county, city and town of the state, to be exercised under such procedure as may be provided by ltaw. Until otherwise provided by law, the legislative body of any such county, city and county, city or town may provide for the manner of exercising the initiative and referendum powers herein reserved to such counties, cities and counties, cities and towns, but shall not require more than fifteen per cent of the electors thereof to propose any initiative measure nor more than ten per cent of the electors thereof to order the referendum. Nothing contained in this section shall be construed as affecting or limiting the present or future powers of cities or cities and counties having charters adopted under the provisions of section eight of article eleven Of this constitution. In the sub- mission to the electors of any measure under this section, all officers shall be guided by the general laws of this state, except as is herein otherwise provided. This section is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting or restricting either the provisions of this section or the powers herein reserved.] [Amendment adopted October LOS LOU. | ie 7 jo: rantalgar: te: atta: arity onariwy: #oaca avat Lay : - ons i wens) “ee “< geras | “Pier esigevit o ee Ts “ydataxts stm jueahe add to arawog. mubitehetsy Bam ? weitiied. bition Clues ose, tor asosete tts of be 9 grirhao ong: dowa Aobiu (bealorexo: ad :oby yatta: art eee i 8 Pa Pea wal vé& bebivorg seiwrariioa- iftnUe owwetoyd Het _ so ytifa Yiteco-bas. is \inwew ‘doen yuitg OTOCN bite avitaltint orth: erticiowxo lo! yerirate acninatoeul © Beine gaitisegesifauos: rloua abr bevtaagt! (reisraeth “erewor noettity Hatt sro Ss 3 fupor, dort! 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(McPherson v. Bartlett, 65 Cal. 577, 4 Pac. 582.) Sec. 6. For the purpose of choosing members of the legislature, the state shall be divided into forty senatorial and eighty assembly districts, as nearly equal in population as may be, and com- posed of contiguous territory, to be called sena- torial and assembly districts. Each senatorial district shall choose one senator, and each as- sembly district shall choose one member of assem- bly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the assembly districts shall be numbered from one to eighty, in the same order, commencing at the northern boundary of the state, and ending at the southern boundary thereof. In the forma- ‘tion of such districts, no county, or city and county, shall be divided, unless it contain suffi- cient population within itself to form two or more districts; nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any dis- trict. The census taken under the direction of the Congress of the United States, in the year Art. 1Vi.5:6 CONSTITUTION oF 1879. * 76 one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing .and adjusting the legislative districts; and the legislature shall, at its first session after each census, adjust such districts and reapportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the United States, under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made, senators and assemblymen shall be elected by the districts according to the app gr ee now provided for by law. LEGISLATIVE DISTRICTS.—The legislature may join two counties in one assembly district. (People v. Hill, 7 Cal. 97.) The term of members of the senate is not affected by the fact that after their election the state is so redistricted that some counties in the newly formed districts will have double representation and others will be deprived of their fair and equal representa- tion. (People v. Pendegast, 96 Cal. 289, 31 Pac. 108.) Where the first legislature, whose duty it is to pro- ~ vide for the apportionment, fails to do so, the duty devolves upon each succeeding legislature until it is performed. (People v. Rice, 185 N. Y. 478, 31 N. EH. 921.) The legislature cannot be compelled to make an apportionment. (In re State Census, 62 N. W. 129.) The apportionment must be according to popula- tion, but mathematical exactness is not required. (People v. Thompson, 155 Ill. 451; Parker vy. State, 133 Ind. 178; Prouty v. Stover, 11 Kan. 235; Opinion of Justices, 18 Me. 458; Giddings v. Blacker, 92 Mich. = of ne Don f! " mea ae BR seaagnn Usa V7 CONSTITUTION OF 1879. Art. IV, §7 638; People v. Broome, 20 N. Y. Supp. 470; People v. Board of Aldermen, 14 Misc. Rep. 105; People v. Rice, 135 N. Y. 473; Matter of Baird, 142 N. Y. 523; Matter of Whitney, 75 Hun, 581; State v. Dudley, 1 Ohio St. 437; State v. Cunningham, 81 Wis. 440.) If the apportionment is made in the exercise of a fair and honest discretion so as to preserve, as nearly as may be, equality of representation, it cannot be overthrown because not mathematically equal; but if the apportionment does not give substantially just and equal representation to the people of each coun- ty, it cannot be sustained. (Ballentine v. Willey, 2 Idaho. 1208; Prouty v. Stover, 11 Kan. 235; People v. Thompson, 155 Ill, 451; People v. Broome, 20 N. Y. Supp. 470; People v. Rice, 185 N. Y. 473; Smith v. St. Lawrence Co., 148 N. Y. 187; State v. Cunning- ham, 83 Wis. 90.) While this section provides that persons who are not eligible to become citizens of the United States shall not be counted in making the apportionment, an apportionment is not necessarily invalid because they are counted. (Matter of Whitney, 142 N. Y. 531; People v. Rice, 185 N. Y. 473; Matter of Whitney, 75 Hun, 581.) This section requires that the districts shall be composed of contiguous territory, and, while the leg- islature has some discretion in this matter, if it has been wholly ignored, the apportionment is void. (People v. Thompson, 155 Ill. 451; State v. Cunning- ham, 83 Wis. 90.) As to what territory is ‘“‘contiguous,” see Houghton Co. v. Blacker, 92 Mich. 638; Parker v. State, 133 Ind. 178; People v. Thompson, 155 Ill. 451. Under this section a county cannot be divided, un- less it contains sufficient population to make two or more districts. (Ioughton Co. v. Blacker, 92 Mich. 638; State v. Cunningham, 81 Wis. 440; People v. Board of Aldermen, 89 Hun, 460.) Sec. %. Hach house shall choose its officers, and judge of the qualifications, elections, and returns of its members. A.C. MeComisi; Attorney. at. a W. ie Art. EV, &8 CONSTITUTION OF 1879. 78 QUALIFICATIONS OF MEMBERS.—Whether a senator has been regularly elected is a question ex- clusively for the senate. (Anonymous, 12 Fla. 686.) The house is to judge of the election of its mem- bers, and the returns are only prima facie evidence of election. (Chrisman y. Anderson, 2° Cong. El. Cas. 328; Spaulding v. Mead, 1 Cong. El. Cas. 157.) The refusal of the executive of a state to grant a certificate of election will not prejudice the right to a seat. (Richard’s Case, Clark & H. 95; Clement’s Case, Cong. El. Cas. 1864-65, 366.) The qualifications of members being fixed by the constitution, additional ones cannot be required by the legislature. (Barney v. McCreery, 1 Cong. EI. Cas. 167; Turney v. Marshall, 2 Cong. El. Cas. 167; Trumbull’s Case, 2 Cong. El. Cas. 618.) While the jurisdiction conferred by this provision upon the legislature is exclusive of the jurisdiction of the courts, the canvassers may be compelled by mandamus to conduct the canvass and declare the result, thus giving the person holding the certificate the prima facie right to the seat. (O’Ferrall v. Colby, 2 Minn. 180.) As to the qualifications of members of inferior legislative bodies, see People v. Bingham, 82 Cal. 238, 22 Pac. 1039. Sec. 8. A majority of each house shall con- stitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as each house may provide. | QUORUM.-—A rule providing that “on demand of any member, or at the suggestion of the speaker, the names of members sufficient to make a quorum in the hall of the house who do not vote shall be noted by the clerk and recorded in the journal, and reported to the speaker with the names of the members vot- ing, and be counted and announced in determining the presence of a quorum to do business,” is a con- TQ CONSTITUTION OF 1879. Art. IV, §§$ 9,10 stitutional mode of ascertaining the presence of a quorum. (United States v. Ballin, 144 U. S. 1.) Sec. 9. Hach house shall determine the rule of its proceeding, and may, with the concurrence of two-thirds of all the members elected, expel a member. EXPULSION OF MEMBERS.—A -member may be expelled for any misdemeanor which, though not punishable by statute, is inconsistent with the trust and duty of a member. (Smith’s Case, 1 Hall Law J. 459.) As to the power to punish for contempt, see note to section 1 of this article. Sec. 10. Each house shall keep a journal of its proceedings, and publish the same, and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal. JOURNALS.—A journal is a public record, of which courts may take judicial notice. (Brown v. Nash, 1 Wyo. 85.) The journal cannot be kept secret unless the pro- ceedings are secret. The holding of a secret session by either house is in its discretion. (Nugent’s Case, PNA ks oeks,. IN. ., 139.) The journals required by law to be kept are a rec- ord of the proceedings of the houses of the legis- lature, and so intended. They are, to all intents and purposes, records made in pepetuam memoricm rei, there entered. (Oakland Pav. Co. v. Hilton, 69 Cal. 494.) The decisions in the various states are conflicting as to how far, if at all, the journals of the legisla- ture*may be resorted to in order to determine whether . or not an act was properly passed; but in this state it is held that the validity of a statute, which has been duly certified, approved, enrolled, and deposited Art. IV, §§ 11,12 cONSTITUTION OF 1879. — 80° in the office of the secretary of state, cannot be im- peached by a resort to the journals of the legislature. (Yolo Co. v. Colgan, 132 Cal. 265, 64 Pac. 403; People v. Harlan, 21 Cal. Dec. 698.) Sec. 11. Members of the legislature shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session. PRIVILEGE FROM ARREST.—Arrest implies cor- porate restraint. (Wooley v. Butler, 1 Bank. L. T. 35.) This privilege extends to judicial as well as mesne process, and a person arrested is entitled to his dis- charge on the privilege afterward acquired. (Coxe v. McClenachan, 3 Dall. 478; Nones v. Edsall, 1 Wall. Jr. 189.) There is no privilege from the service or obligation of a subpoena in a criminal case. (United States vy. Cooper, 4 Dall. 341.) Members are privileged not only from arrest, but also from a service of Summons or other civil pro- cess while in attendance on their public duties. (Coxe v. McClenachan, 3 Dall. 478; Geyer v. Irwin, 4 Dall. 107; Nones v. Edsall, 1 Wall. Jr. 191.) . See. 12. When vacancies occur in either house, the governor, or the person exercising the func- tions of the governor, shall issue writs of election to fill such vacancies. VACANCIES may be created by death, resignation, or removal, or by the acceptance of an incompatib’e office. (People vy. Carrique, 2 Hill, 98; Powell v. Wilson, 16 Tex. 60; Biencourt v. Parker, 27 Tex. 562.) A resignation sent to the governor of a state is — sufficient. (Hdward’s Case, Clark & H. 92; Mercer's Case, Clark & H. 44; Bledsoe’s Case, Clark & H. 869.) 81 CONSTITUTION OF 1879. Art. IV, §§ 138-15 The executive may issue writs for a new election without waiting to be informed by the house that a vacancy exists. (Mercer’s Case, Clark & H. 44.) Sec. 13. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. Sec. 14. Neither house shall, without the con- sent of the other, adjourn for more than three days, nor to any place other than that in which they may be sitting. Nor shall the members of either house draw pay for any recess or adjourn- ment for a longer time than three days. ; ADJOURNMENT.—An adjournment of the house for more than three days without the concurrence of the senate does not ipso facto work a dissolution of the general assembly. (West Phil. Pass. R.’R. Co. v. Union Pass. R. Co., 4 Leg. Gaz. 198, 29 Leg.-Int. 196.) Sec. 15. No law shall be passed except by bill. Nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the mem- bers; nor shall any bill become a law unless the same be read on three several days in each house, unless, in case of urgency, two-thirds of the house where such bill may be pending shall, by a. vote of yeas and nays, dispense with this provision. Any bill may originate in either house, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays Art. IV, §16 CONSTITUTION OF 1879. ; 82 upon each bill separately, and shall be entered on the journal; and no bill shall become a law without the concurrence of a majority of the members elected to each house. PASSAGE OF BILLS.—The word “read” is used in . this section in its popular, and not in its technical, sense, and means read at length, and not read as is usual in parliamentary bodies. (Weill v. Kenfield, 54 Cal. 111.) It is not essential to the validity of a statute that it should affirmatively appear from the legislative journals that every act required by the constitution to be done in the enactment of a law has been done; nor will it be presumed, in the absence of a show- ing, that such acts were not done. (People v. Dunn, 80 Cal. 211, 22 Pac. 140; Hale v. McGettigan, 114 Cal. 112, 45 Pac. 1049.) If an act is properly enrolled and authenticated, and is deposited with the secretary of state, it is conclusive evidence of the legislative will, and courts will not look into the journals of the legislature to see whether or how the bill passed. (People v. Burt, 43 Cal. 560; Yolo Co. v.. Colgan, 182 Cal. 265, 64 Pac. 403; People v. Harlan, 21 Cal. Dec. 698.) A resolution adopted by a two-thirds vote, declar- ing that a number of specified bills ‘‘present cases of urgency,’ and that the provision of the constitu- tion “‘requiring that the bill be read on three separate days in each house is hereby dispensed with,” is sufficient, and it is not objectionable on the ground that it includes more than one bill. (People v. Glenn Co., 100 Cal. 419, 35 Pac. 302.) The fact that several of the senators who voted to declare a bill a case of urgency afterward voted against the bill is immaterial. (People v. Glenn Co., 100 Cal. 419, 35 Pac. 302.) Sec. 16. Every bill which may have passed the legislature shall, before it becomes a law, be presented to the governor. If he approve it, he 83 CONSTITUTION OF 1879. Art. IV, § 16 shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter such objections upon the journal and proceed to reconsider it. If, after such re- consideration, it again pass both houses, by yeas ‘and nays, two-thirds of the members elected to each house voting therefor, it shall become a law, notwithstanding the governor’s objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the legis- lature, by adjournment, prevents such return, in which case it shall not become a law, unless the governor, within ten days after such adjournment (Sundays excepted), shall sign and deposit the same in the office of the secretary .of state, in which case it shall become a law in like manner as if it had been signed by him before adjourn- ment. If any bill presented to the governor con- tains several items of appropriation of money, he may object to one or more items, while ap- proving other portions of the bill. In such case he shall append to the bill, at the time of sign- ing it, a statement of the items to which he ob- jects, and the reasons therefor, and the appro- priation so objected to shall not take effect unless passed over the governor’s veto, as hereinbefore provided. If the legislature be in session, the governor shall transmit to the house in which Art. IV, § 17. CONSTITUTION OF 1879. 84 the bill originated a copy of such statement, and the items so objected to shall be separately re- considered in the same manner as bills which have been disapproved by the governor. APPROVAL BY THE GOVERNOR.—The day upon which the bill is presented to the governor should - be excluded. (Price v. Whitman, 8 Cal. 412; Iron Mountain Co. v. Haight, 39 Cal. 540.) In People v. Whitman, 6 Cal. 659, it was held that only where the last day fell upon a Sunday should Sundays be excepted in making the computation; but this case was overruled in the case of Price v. Whitman, 8 Cal. 412, it having been decided upon an error in the printed copy of the constitution, the word “Sundays” being used in the singular. A law is not finally passed until it is approved by the governor and transmitted by him to the sec- retary of state. (Davis v. Whidden, 117 Cal. 618, 49 Pac. 766.) Where inconsistent acts are approved on the same day, it is to be presumed that they were published in the chronological order of their approval; but the court will take judicial notice of the time of the approval of each act, and may resort to the office of the secretary of state to learn the exact time thereof. (Davis v. Whidden, 117 Cal. 618, 49 Pac. 766.) Where an act purports to have been approved by the governor on the last day of the session, parol evidence is admissible to show that in fact it was approved on the succeeding day. (Fowler v. Peirce, 2 Cal. 165.) Where a Statute is declared to take effect from and after its passage, it takes effect at the very moment of its approval by the et! (People v. Clark, 1 Cal. 406.) ~ An act approved by the governor ates the adjourn- ment of the legislature was void under the former constitution. (Fowler v. Peirce, 2 Cal. 165.) Sec. 17%. The assembly shall have the sole power of impeachment, and all impeachments ~~ Canst. Art. LV, Sec. 18. Officers subject to impeachment. Section 18. The governor, lieutenant governor, secretary of state, controjler, treasurer, attorney general, surveyor general, chief justice and associate justices of the supreme court, [judges of the district court of appeal,] and judges of the superior courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit under the state; but the party convicted or acquitted shall never- theless be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide. [Amendment adopted October 10, 1911.] c + 85 CONSTITUTION OF 1879. Art. IV, § 18 shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation, and no person shall be convicted with- out the concurrence of two-thirds of the members elected. | IMPEACHMENT.—A member of the house voting for the prosecution of an impeachment is not thereby rendered disqualified, if subsequently elected to the senate, from sitting on a trial thereof. (Addison’s Trial, 21-28; Porter’s Trial, 53.) All the functions of the governor are entirely sus- pended during his trial. (Opinion of Judges, 3 Neb. 464.) Hor an impeachment to be effectual, the articles must be presented to the senate, and a constitutional quorum of the entire membership -must receive it. (Executive Communication, 12 Fla. 653. Sec. 18. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney general, surveyor general, chief justice and as- sociate justices of the supreme court, and judges of the superior courts, shall be liable to impeach- ment for any misdemeanor in office; but judg- ment in such cases shall extend only to removal* from office, and disqualification to hold any office of honor, trust, or profit under the state; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide. REMOVAL OF OFFICERS.—This section gives to the legislature power to provide for the removal of * Constitution—§ Art. LV, §19 coNSTITUTION OF 1879. . YRS officers without a jury trial. (Woods v. Varnum, 85 Cal. 639, 24 Pac. 848.) The supreme court has no jurisdiction of an ap- peal from a judgment in a proceeding under sec- tion 772 of the Penal Code for the removal of pub- lic officers, the legislature not having provided for such jurisdiction. (In re Curtis, 108 Cal. 661, 41 Pac. 793.) The act of 1853 entitled “An act to prevent ex- tortion in office and to enforce official duty,” held valid. (Matter of Marks, 45 Cal. 199.) While the constitution has provided for the im- peachment of certain officers, it has left all other civil officers to be tried for misdemeanors in such manner as the legislature may provide. (Matter of Marks, 45 Cal. 199.) A presiding judge is liable to impeachment for preventing an associate judge from delivering his opinion to a grand or petit jury upon a matter before the court. (Addison’s Trial, 114, 151; Commonwealth v. Addison, 4 Dall. 225; Porter’s Trial, 61.) Sec. 19. No senator or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit. under this state which shall have been created, or the emoluments of which have been increased, during such term, except such offices as may be filled by election by the people. OFFICES.—This section does not inhibit the ap- pointment of a member of the legislature to the of- fice of harbor commissioner, which office was not ereated, nor the emoluments thereof increased, dur- ing his term of office—the method of filling, the duties and functions of the office alone being changed. (Peo- ple v. Burns, 53 Cal. 660.) This section does not disqualify a member of the legislature from holding an office, the emoluments of which are increased during his legislative term, but after his election to such office. (State v. Boyd, 21 Wis. 208.) 87 CONSTITUTION OF 1579. Art. IV, § 20 Sec. 20. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this state; provided, that officers in the militia, who receive no annual salary, local officers, or postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed to hold lucrative offices. OFFICE OF PROFIT.—The words “lucrative of- fice” in the proviso of this section refer solely to the office under the United States; and if the salary of that office exceeds five hundred dollars per an- hum, its incumbent cannot hold any civil office of profit under the state, notwithstanding the profit of the state office is less than five hundred dollars per annum. (People v. Leonard, 73 Cal. 280, 14 Pac. 853.) The federal office of surveyor general is a “lucrative office,’’ and the office of controller of state an ‘“‘office of profit.” (People v. Whitman, 10 Cal. 38.) The office of school superintendent of a county is a civil office. (Crawford v. Dunbar, 52 Cal. 36.) The office of inspector of customs in a collection district, to which there is annexed a salary of one thousand dollars per annum, is a lucrative office. (Crawford v. Dunbar, 52 Cal. 36.) To constitute a holding, the officer must be ap- pointed and qualify by giving a bond and taking the oath of office; and one who has not so qualified under a federal appointment is eligible to office in this state. (People v. Whitman, 10 Cal. 38.) This section applies to incumbents de facto of a lucrative office. (Crawford v. Dunbar, 52 Cal. 36.) This section refers to the power to hold as well as to be elected to office; consequently, a person duly eligible and elected to a civil office of profit under the state cannot hold the ofiice after he has accepted a lucrative federal office. (People v. Leon- ard, 73 Cal. 230, 14 Pac. 853.) “Bligible’ means capable of being chosen—the sub- ject of selection or choice; and ‘‘compensation’” means Art. IV, §§ 21,22 consriruTion or 1879. — =88 the income of the office, not its profits. (Searcy v. Grow, 15 Cal. 117.) If a member at the time of his eiecttan hold a - disqualifying office, it is suflicient that he quality liimself by a resignation of it before he is sworn in. (Commonwealth vy, Pyle, 18 Pa. St. 519.) The appointment to a second incompatible office is not absolutely void, but the first office is ipso facto vacated. (People v. Carrique, 2 Hill, 93; Biencourt v. Parker, 27 Tex. 558.) A person holding two compatible offices is not pre- cluded from holding the salaries of both. (Converse v. United States, 21 How. 463; Brown’s Case, 9 Op. Atty. Gen. 508.) Sec. 21. No person convicted of the embezzle- ment or defalcation of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligible to any office of honor, trust, or profit under this state, and the legislature shall provide, by law, for the punishment of embezzlement or defalca- tion as a felony. Sec. 22. No money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the controller; and no money shall ever be appropriated or drawn from the state treasury for the use or benefit of any corporation, association, asylum, hospital, or any other in- stitution not under the exclusive management and control of the state as a state institution, nor shall any grant or donation of property ever be made thereto by the state; provided, that notwithstand- CONSTITUTIONAL AMENDMENTS 1910-11 Const.: Art. IV, Sec, 22. Money, how appropriated; how drawn. Section 22. No money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the controller; and no money shall ever be appropriated or drawn from the state treasury for the purpose or benefit of any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the state as a state institution, nor shall any grant or donation of property ever be made thereto by the state; provided, that nothwithstanding anything contained in this or any other section of this constitution,: the legislature shall have the power to grant aid to the institutions conducted for the support and maintenance of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances—such aid to be granted by a uniform rule, and proportioned to the number of inmates of such respective institutions; provided, further, that the state shall have at any time the right to inquire into the management of such institution; provided, further, that when- ever any county, or city and county, or city, or town, shall pro- vide’ for the support of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or other control. ‘An accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws at every regular session of the legislature. > [Provided, however, that for the purpose of raising five million dollars ($5,000,000), to be used in establishing, maintaining, and supporting in the city and county of San Francisco, State of California, an exposition in commemoration of the completion of the Panama canal, to be Known as the Panama Pacific Interna- tional Exposition, the state board of equalization shall, for the fiscal year beginning July 1, 1911, and for each fiscal year there- after, to and including the fiscal year beginning July 1, 1914, fix, establish, and levy such an ad valorem rate of taxation, as when levied upon all the taxable property in the state, after making due allowance for delinquency, shall produce for each of such fiscal years a sum of one million two hundred and fifty thousand dollars ($1,250,000). The said taxes shall be levied, assessed, and collected upon every kind and character of property in the State of California not exempt from taxation under the law, and subject to taxation on the 1st day of July, 1910, and in the same manner, and by the same method, as other state taxes were levied, assessed, and collected under the law, as the same existed on the 1st day of July, 1910. The state board of equalization shall each year, at the time it determines the amount of revenue required for other state purposes, determine, fix, and include the rate of tax eaay to raise the revenue herein provided for. [There is hereby created in the state treasury a. fund to be Known as the Panama Pacific International Expositionsfund, and all moneys collected pursuant to this provision, after deducting the proportionate share of the expense for the collection of the same, shall be paid into the state treasury, and credited to such fund. All moneys so paid into such fund are hereby appropriated, with- out reference to fisca] years, for the use, establishment, main- tenance, and support of said Panama Pacific International Exposi- tion. No tax, license fee, or charge of any kind or character shall ever be levied or assessed or charged against any property of said Panama Pacific !nternational Exposition, or against any property used as exhibit therein, while being used or exhibited in connection therewith. [There is hereby created a commission to be known as the Panama Pacific International Exposition Commission of the State of California, which shall consist of the governor of said state and four other members to be appointed by the governor, by and with the advice and consent of the senate of said state. The governor shall have the power to fill all vacancies occurring: at any time in said commission. ‘The members Of said commission shali receive no compensation and shall hold office untiJ such exposition shall have been closed and its affairs settled. Said four members of said commission shall be selected from. different sections of the state, and the appointment thereof shall be made by the governor of the state during the month of February, 1911. The commission hereby created shall have the exclusive charge and contro! of all moneys paid into the Panama Pacific Interna- tional Exposition fund; and provided further that the legislature shall pass all laws necessary to carry out the provisions of this act, including the times and the manner in which and the terms and conditions upon which money shall be drawn from the state treasury by said commission; where contracts and vouchers shall be filed; to whom and how often reports shall be made; what disposition shall be made of any sum left unexpended or received from the sale of any property or buildings purchased or con- structed by said commission for the use of said exposition, or of any disposition of any building or improvement constructed by said commission out of said fund, and to provide for the transfer to the general fund of the State of California of any portion of said Panama Pacific International Exposition fund unused. [The commission herein created is authorized and directed to make such proper contracts with the Panama Pacific International Exposition Company, a corporation organized under the laws of the State of California on the 22d day of March, 1910, as wiil entitle the State of California to share proportionately with the contributors to the said Panama Pacific international Exposition in the returns from the holding of said exposition at the City and County of San Francisco.] [Amendment adopted November 8, 1910. ] 89 Hf CONSTITUTION OF 1879. Art. IV, § 22 ing anything contained in this or any other sec- tion of this constitution, the legislature shall have the power to grant aid to institutions conducted forthe support and maintenance of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances—such aid to be granted by a uniform rule, and proportioned to the number of inmates of such respective insti- tutions; provided further, that the state shall have, at any time, the right to inquire into the management of such institutions; provided further, that whenever any county, or city and county, or city, or town shall provide for the support of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circum- stances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or other control. An accurate statement of the receipts and expendi- tures of public moneys shall be attached to and published with the laws at every regular session of the legislature. APPROPRIATIONS.—_No money can be drawn from the treasury but in consequence of appropria- tions inade by law. (Baggett v. Dunn, 69 Cal. 75, ar Paic. 125.) To an appropriation nothing more is requisite than a designation of the amount and fund out of which it shall be paid. It is not essential to its validity that funds to meet the same shall be at the time in the treasury. (McCauley v. Brooks, 16 Cal. 11.) This provision is designed only to secure to the Art. IV, §22 CONSTITUTION OF 1879, 90 legislative department the exclusive power of decid- ing to what purpose the public funds shall be de- voted in each fiscal year, and no particular form of legislative words is required to make an appropria- tion valid. (Humbert v. Dunn, 84 Cal. 57, 24 Pac. a1?) This provision does not prohibit the legislature from appropriating its funds in time of war to aid a corporation in the construction of a railroad to be used by the state for military purposes. (People vy. Pacheco, 27 Cal. 175.) There is no restriction as to the time for which appropriations may be made. (People v. Pacheco, 27 Cal. 175.) The provision of this section giving counties, cities, and towns the same pro rata amounts granted by the legislature to private institutions is seli-executing, and where the legislature grants such aid to private institutions, Such counties, cities, and towns become entitled to the same aid. (Yolo Co. v. Dunn, 77 Cal. 138, 19 Pac. 262; San Francisco v. Dunn, 69° Cal. HowMLO UE aC Loan) An act appropriating three hundred thousand dol- lars to meet the expenses of erecting buildings and maintaining an exhibit of the products of the state at the World’s Fair at Chicago, and providing that the appropriation should be expended under the ex- clusive charge of a commission appointed by the governor, is not in conflict with this provision. (Dag- gett v. Colgan. 92 Cal. 53, 28 Pac. 51.) An act creating an office and providing that the officer “shall receive a salary of two thousand four hundred dollars per annum, payable monthly,.... to be paid out of any money in the state treasury not otherwise appropriated,’ is sufficient to show an intention to appropriate such sum. (Humbert v. Dunn, 84 Cal. 57, 24 Pae. 111.) An act providing for the commitment of minor criminals to nonsectarian charitable corporations, the expense of maintenance to be paid by the county, is not in violation of this section, since it only ap- plies to the state treasury. (Boys’ & Girls’ Aid Soc. v. Reis, 71 Cal. 627, 12 Pac. 796.) 91 CONSTITUTION OF 1879. Art LV; §-23 ‘A law providing for the payment of a salary ‘out of any money in the general fund not otherwise ap- propriated,” only applies to the money subject to ap- propriation by that legislature and not to some sub- sequent legislature. (Baggett v. Dunn, 69 Cal. 75, aE AG: 120.) An act attempting retroactively to exempt resident nephews and nieces from the payment of unpaid taxes upon collateral inheritances is in violation of this section. (Hstate of Stanford, 126 Cal. 112, 54 Pac. 259, 5&8 Pac. 462.) The act of 1855, providing a fund-for the indigent sick, has no application to a fund which comes to a county by operation of this section. (Power Vv. May, 123 Cal. 147, 55 Pac. 796.) The act establishing the state agricultural society made it a state institution, and appropriation for it is not obnoxious to this provision. (Melvin v. State, 121 Cal.°16, 53 Pac. 416.) The act of 1891, fixing a bounty on coyote scalps, did not make a specific appropriation out of the gen- eral fund for the payment of such bounties. (In- Sram vy. Coizan, 106° Cal. 113, 38 Pac. 315, 39 Pac. 437.) An act reauiring the tax collector to-pay a part of the fees allowed him by law into the county treasury does not violate this section—first, because -the money had never been in the state treasury, and, second, because such act amounts to an appropria- tion. (Ream y. Siskiyou Co., 36 Cal. 620.) An act appropriating one hundred thousand dol- lars for the support and maintenance of a mining bureau is not unconstitutional because it fails to state specifically on what fund the warrant is to be drawn, or that the money is-appropriated out of any moneys in the treasury not otherwise appropriated. (Proll v. Dunn, 80 Cal. 220, 22 Pac. 143.) Sec. 23. The members of the legislature shall receive for their services a per diem and mileage, to be fixed by law, and paid out of the public treasury; such per diem shall not exceed eight Art. LV, §24 CONSTITUTION oF 1879. 92 dollars, and such mileage shall not exceed ten cents per mile, and for contingent expenses not exceeding twenty-five dollars for each session. No increase in compensation or mileage shall take effect during the term for which the members of either house shall have been elected, and the pay of no attaché shall be increased after he is elected or appointed. Sec. 24. Every act shall embrace but one sub- ject, which subject shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in its title, such act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be re-enacted and published at length as revised or amended; and all laws of the state of California, and all official writings, and the executive, legislative, and judicial proceedings shall be conducted, preserved, and published in no other than the English language. TITLE AND FORM OF ACTS—Construction.—A like provision of the former constitution was held to be merely directory. (Washington v. Page, 4 Cal. 388; Pierpont v. Crouch, 10 Cal. 315; San Hrancisco v. Spring Valley W. W., 54 Cal. 571.) ; But the provisions of this section are held to be mandatory. (Hx parte Liddell, 98 Cal. 638, 29 Pac. . 201.) The title of an act cannot be used to restrain or control any positive provision of the act, but where 93 CONSTITUTION OF 1879. Art. IV, § 24 the meaning of the body of the act is doubtful, the title may be resorted to as a means of ascertaining the intention of the legislature. (People v. Abbott, 16 Cal. 358: Barnes v. Jones, 51 Cal. 303; Matter of Boston Min. etc. Co., 51 Cal. 624; Harris v. Super- visors, 52 Cal. 558.) The provisions of this section should be liberally construed, and the matter must be left largely to legislative discretion. (Ex parte Liddell, 93 Cal. 633, 29 Pac. 251; Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) This section does not apply to municipal ordinances. (Ex parte Haskell, 112 Cal. 412, 44 Pac. 725.) As to whether this section applies to the amend- ment of statutes enacted before the present consti- tution, see People v. Parvin, 74 Cal. 549, 16 Pac. 490. One subject.—Numerous provisions having one gen- eral object fairly indicated by the title may be united. (Ex parte Liddell, 98 Cal. 633, 29 Pac. 251; People v. Parks, 58 Cal. 624; Ex parte Kohler, 74 Cal. 88, 15 Pac. 486; De Witt v. San Francisco, 2 Cal. 289.) The act of 1891, adding a new part to the Vrooman Act in relation to street improvement bonds, does not contain more than one subject. (Hellman y. Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057.) An act entitled “An act to establish a uniform system of county and township governments,” classi- fying the counties by population and fixing the com- pensation of the county officers, only contains one subject. (Longan y. Solano, 65 Cal. 122, 3 Pac. 463.) The act of March 19, 1878 -(Stats. 1877-8, 338), does not contain more than one subject. (San Francisco vy, Spring Valley W. W., 54 Cal. 571.) If the act is made of incongruous parts, or to comprehend unconnected and dissimilar subjects to that expressed in the title, it cannot be upheld. (Peo- ple v. Parks, 58 Cal. 624.) Title—The purpose of this provision is to protect the members of the legislature as well as the pub- lie against fraud from deceitful and misleading titles. (Ex parte Liddell, 93 Cal. 633, 29 Pac. 251; Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) If the title is of such a character as to mislead the public or the members of the legislature, as to the subjects embraced in it, it is void. (Wood v. Election Commrs., 58 Cal. 561.) Art. IV, §24 CONSTITUTION oF 1879, - Ot The words in a title “and for other purposes” do ‘not validate provisions which are not germane to the particular subjects expressed in the title. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) It is not necessary that the title of an act should embrace an abstract or catalogue of its contents. (Abeel v. Clark, 84 Cal. 226, 24 Pac. 383; Ex parte Liddell, 93 Cal. 683, 29 Pac. 251; People v. Superior Court, 100 Cal. 105, 84 Pac. 492; People v. Linda Vista Irr. Dist., 128 Cal. 477, 61 Pac. 86; Hellman v. Shoulters, 114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) The title of an act .is not misleading because it purports to provide for a ‘general’ vaccination, when in fact it only applies to children in the pub- lic schools. (Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) Particular acts held valid.—The titles of the fol- lowing acts have been held sufficient: An act entitled “An act to amend section 3481 of the Political Code” (People v. Parvin, 74. Cal. 549, 16 Pac. 490. But see Lewis v. Dunne, 22 Cal. Dec. 559); a title expressing the object of the act to be “to amend section ——” of a named code “relating” to the particular object treated of in the body of the act (San Francisco ete. R. R. Co. v. State Board, 60 Cal. 12); an act en- titled “An act to prohibit the sophistication and adulteration of wine, and to prevent fraud in the manufacture and sale thereof,’ and defining . pure wine, prohibiting the use of deleterious substitutes, and forbidding the sale of impure wine (Hx parte Kohler, 74 Cal. 38, 15 Pac. 486); an act entitled “An act to amend an act entitled ‘An act to establish a Penal Code,’ approved February 14, 1872, by amending section 634, relating to fish and game” (People v. Dobbins, 738 Cal. 257, 14 Pac. 860); an act entitled ‘‘An act to provide for laying out, etc., any street, ete., and to condemn and acquire any and all lands and property necessary or conveniert for that purpose,” and providing for the assessment of other lands to pay for lands condemned (Davies v. Los Angeles, 86 Cal. 37, 24 Pac. 771); an act en- titled ‘“‘An act for the better protection of stockhold- ers in corporations formed under the laws of the state of California for the purpose of carrying on and conducting the business of mining,” and pro- 95 CONSTITUTION OF 1879. Art. IV, § 24 viding a penalty for failure to make or post an itemized account or balance-sheet (Francais v. Somps, 92 Cal. 503, 28 Pac. 592); an act entitled “An act to establish a state reform school for juvenile of- fenders, and to make an appropriation therefor,” and providing for the commitment of juvenile offenders to such schools (Ex parte Liddell, 93 Cal. 6383, 29 Pac, 251); an act entitled “An act to provide for laying out, etc., any street, ete., in municipalities, and to condemn and acquire any and all land and prop- erty necessary and convenient for that purpose,” and validating former proceedings for the widening of streets (San Francisco v. Kiernan, 98 Cal. 614, 33 Pac. 720); an act entitled “‘An act creating a hoard of bank commissioners, and prescribing their duties and powers,” and providing for winding up of bank- ing corporations (People v. Superior Court, 100 Cal. 105, 34 Pac. 492); an act entitled “An act to create the county of Kings, to define the boundaries there- of, and to provide for its organization and election of officers, and to classify said county,” and provid- ing for the collection of taxes levied before the formation of the county but collected afterward (Kings County v. Johnson, 104 Cal. 198, 37 Pac. 870); an act entitled “An act to create the office of com- missioner of transportation, and to define its powers — and duties; to fix the maximum charges for trans- porting passengers and freights on certain railroads, and to prevent extortion and unjust discrimination thereon,” and providing for the collection of fines against a person evading the payment of his fare (Gieseke v. San Joaquin, 109 Cal. 489, 42 Pac. 446); an act entitled “An act to establish a uniform system of county and township governments,” and classify- ing the counties by population, and fixing the com- pensation of the county officers (Longan v. Solano, 65 Cal. 122, 3 Pac. 463); an act entitled “An act to regulate fees in office,’ and providing that the officer shall pay part of his fees into the treasury (Ream v. Siskiyou C©o., 36 Cal. 621); an act entitled “An act to enable certain parties therein named to alieliate and encumber homesteads,” and providing for the alienation of the homestead by the sane spouse, un- der order of the probate court (Jones v. Falvella, 126 Art. IV, § 24 CONSTITUTION oF 1879. 95 Cal. 24, 58 Pac. 311); an act entitled “An act to protect and promote the horticultural interests of the state,” and making the expense of abating an insect pest nuisance from any property a lien thereon (Los Angeles v. Spencer, 126 Cal. 670, 59 Pac. 202); a provision relating to city justices of the peace in an act entitled “An act to establish a uniform sys- tem of county and township government” (People v. Cobb, 21 Cal. Dee. 779); an act purporting in its title to add thirty-four enumerated sections to the Political Code, “all relating to the establishment of a board of state harbor commissioners for the bay - of San Diego,’ and authorizing the commissioners to institute an action for the possession of any por- tion of the entire bay of San Diego, of which they are given the possession and ccntrol (People v. Mul- lender, 182 Cal. 217). See, also, People v. King, 127 Cal. 570, 60 Pace. 35; Leake v. Colgan, 125 Cal. 415, 58 Pac. 69; Jen- nings v. Le Roy, 63 Cal. 397; People v. Henshaw, %6 Cal. 486, 18 Pac. 418; Pennie v. Reis, 80 Cal. 266, 22 Pac. 176; People v. Linda Vista Irr.- Dist:, 125 Cal. 477, 61 Pac. 86; Carpenter v. Furrey, 128 Cal. 665, 61 Pac. 869; Vernon ete. Dist. v. Board of Educa- tion, 125 Cal. 593, 58 Pac. 115; Ex parte Piirrman 22 Cal. Dec. 411. Particular acts held invalid.—The following acts have been held to violate this provision: An act whose title simply purports to repeal the statute con- cerning the publication of constitutional amend- ments, but in the body of the act also provides a new method of publishing such amendments (People v. Curry, 130 Cal. 82, 62 Pac. 516); an act amending the act for the formation of sanitary districts, and providing that sanitary boards may determine the qualification of persons authorized to sell liquors at retail, this subject not being germane to the title of the original act (In re Werner, 129 Cal. 567, 62 Pac. 97); an act entitled “An act to establish fees,” ete., and providing for the payment of one dollar for each one thousand dollars in excess of three thousand dollars of the appraised value of the es- tate upon tiling the inventory, such payment being a tax and not a fee (Fatjo v. Pfister, 117 Cal. 83, 48 97 CONSTITUTION OF 1879. Art. IV, § 24 Pac. 1012); an act entitled “An act to amend sec- tions four thousand and four,’ and other sections “to establish a system of county governmenys, ap- proved April 27, 1880,” but referring to no partic- ular code or statute (Leonard v. January, 56 Cal. 1); an act entitled ‘‘An act to promote drainage,” and providing for the control of debris from mining and other operations, the improvement and rectification of river channels, and the erection of embankments or dykes necessary for the protection of lands, towns, or cities from inundation (People v. Parks, 58 Cal. 624; Doane v. Weil, 58 Cal.°334); an act the title of which provides only for the refunding of the in- debtedness of cities, and the issuance of bonds there- for, and repealing an act for the incurring of in- debtedness by municipal corporations (Los Angeles vy. Hance, 122 Cal: 77, 54 Pac. 387). See, also, Spier v. Baker, 120 Cal. 370, 52 Pac. 659. An act entitled “An act to revise the Code of Civil Procedure of the state of California by amending certain sections, repealing others, and adding certain new sections,’ was held not to sufficiently state its subject in its title, for the reason that the ‘Code of Civil Procedure” does not state or express any sub- ject. (Lewis v. Dunne, 22 Cal. Dec. 559.) That such terms as the “Code of Civil Procedure,” “Criminal Code,” ‘“‘Probate Code,” ‘‘Political Code,” etce., do sufficiently state a subject, see Central etc. R. Co. y. State, 104-Ga. 831, 31 S..E. 531; Porter v. Thomson, 22 Iowa, 391; State v. Brassfield, 81 Mo. 151; Woodruff v. Baldwin, 23 Kan. 491; Heller v. People, 2 Colo. App. 459; Johnson v. Harrison, 47 Minn. 575, 50 N. W. 923; Marston v. Humes, 3 Wash. Zoi eo Pac, 520; Mathis v. State, 31 Fla. (291,12 South. 681; Ex parte Thomas, 113 Ala. 1, 21 South. 369; Tribune Co. v. Barnes, 7 N. Dak. 591, 75 N. W. 904; Murphey v. Menard, 11 Tex. 678. Publishing at length.—A revised act must be con- strued as a new and original piece of legislation. (Donlon v. Jewett, 88 Cal. 530, 26 Pac. 370.) This provision applies only to acts which are in terms revisory or amendatory of some former act; and it does not apply to an independent act, al- though it is inconsistent with some existing statute. Constitution—9 Art iy, $2¢ CONSTITUTION OF 1879. 98 (Pennie-v. Reis, 80 Cal. 266, 22 Pac. 176; Jennings v. Le Roy, 63 Cal. 397; Baum’y. Raphael, 57 Cal. 361.) An act adding a new section to the Political Code, and by implication amending another section of the same code, was held to violate this provision, if con- sidered as an amendment, since it did not repub- lish the section of the code affected by it. (Harte vy. Board of Education, 55 Cal. 489. But see Hellman v. Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057; University of California v. Bernard, 57 Cal. 612.) This section does hot apply to amendments by im- plication, nor to an act which merely adds new sections relating to a nanred subject, which leaves in full operation all the language of the statute which it purports to amend, and does not purport to amend any section of that act, but affects its operation only by implication from the sections added. (Hellman v. Shoulters, 114 Cal. 186, 44 Pac. 915, 45 Pac. 1057. But see Earle v. Board of Education, 55 Cal. 489.) This section does not prevent a section amended from taking its place by its appropriate number in the original act. (Fletcher v. Prather, 102 Cal. 413, 36 Pac. 658.) Where a section of the code is “amended to read as follows,” and the amended section is published at length, without any saving clause, the effect of the amendment is to repeal the section as it origi- nally stood; and a section of the amendatory act merely providing that the amendment shall be ap- plicable to certain counties does not operate as a saving clause to continue the original section in force in other counties. (Huffman y. Hall, 102 Cal. 26, 36 Pac. 417.) Under the provisions of this section the amend- ment of a statute operates as an absolute repeal of the statute or section amended, even if the amend- ment takes nothing away from the old law, but merely adds a proviso in certain cases. (Billings v. Harvey, 6 Cal. 381.) An act adding five new sections to the Political Code is not within the mischief which this section was intended to prevent. (University of California v. Bernard, 57 Cal. 612.) 99 CONSTITUTION OF 1879. Art. LV, § 25 An act entitled “An act to revise the Code of Civil Procedure of the state of California by amending certain sections, repealing others, and adding certain new sections,” and amending, repealing, or adding some five hundred sections of that code, and which did not set out and republish at length the entire Code of Civil Procedure, was held to violate this provision of the constitution. (Lewis v. Dunne, 22 Cal. Dee. 559.) This appears to be the only decision as to what constitutes a “revised” act within the meaning of this section. See, however, on the same subject the following cases: Portland v. Stock, 2 Or. 70; Dolan vy. Barnard, 5 Or. 390; David v. Portland ete. Co., 14 Or. 98, 12 Pac. 174; Greencastle etc. Co. v. State, 28 Ind. 382; Town ete. v. Frieze, 33 Ind. 507; Swails v. White, 4 Neb. 353; Arnoult v. New Orleans, 11 La. Ann, 54; Tuskaloosa etc. Co. v. Olmsted, 41 Ala. 9. Sec. 25. The legislature shall not pass local or — special laws in any of the following enumerated cases, that is to say: First—Regulating the jurisdiction and duties of justices of the peace, police judges, and of constables. Second—For the punishment of crimes and mis- demeanors. Third—Regulating the practice of courts of justice. Fourth—Providing for changing the venue in civil or criminal actions. Fifth—Granting divorces. Siath—Changing the names of persons or places. Seventh—Authorizing the laying out, opening, altering, maintaining, or vacating roads, highways, Art. 1V, §25 cONSTITUTION OF 1879. 100 streets, alleys, town plats, parks, cemeteries, graveyards, or public grounds not owned by the state. Eighth—Summoning and impaneling grand and petit juries, and providing for their compensa- tion. Ninth—Regulating county and township busi- ness, or the election of county and township officers. | | Tenth—For the assessment or collection of taxes. ; Eleventh—Providing for conducting elections, or designating the places of voting, except on the organization of new counties. Twelfth—Affecting the estates of deceased per- sons, minors, or other persons under legal disa- bilities. } Thirtcenth—Extending the time for the collec- tion of taxes. Fourteenth—Giving effect to invalid deeds, wills, or other instruments. Fifteenth—Refunding money paid into the state treasury. Siateenth—Releasing or extinguishing, in whole or in part, the indebtedness, lability, or obliga- tion of any corporation or person to this state, or to any municipal corporation therein. Seventeenth—Declaring any person of age, or authorizing any minor to sell, lease, or encumber his or her property. 101 CONSTITUTION OF 1879. Art. IV, § 25 Eighteenth—Legalizing, except as against the state, the unauthorized or invalid act of any officer. Nineteenth—Granting to any corporation, as- sociation, or individual any special or exclusive right, privilege, or immunity. Twentieth—Exempting property from taxa- tion. Twenty-first—Changing county seats. Twenty-second—Restoring to citizenship per- sons convicted of infamous crimes. Twenty-third—Regulating the rate of interest on money. Twenty-fourth—Authorizing the creation, ex- tension, or impairing of liens. Twenty-fifth—Chartering or licensing ferries, bridges, or roads. Twenty-sicth—Remitting fines, penalties, or forfeitures. Twenty-seventh—Providing for the manage- ment of common schools. Twenty-eighth—Creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, townships, election or school districts. Twenty-ninth—Affecting the fees or salary of any officer. Thirtieth—Changing the law of descent or suc- cession. Thirty-first—Authorizing the adoption or legit- imation of children. Art. IV, §25 CONSTITUTION OF 1879. 102 Thirty-second—-For limitation of civil or crim- inal actions. Thirty-third—In all other cases where a gen- eral law can be made applicable. LOCAL AND SPECIAL LAWS—In general.—Un- der the former constitution the legislature was not forbidden to pass local or special laws. (Wigmore v. Buell, 122 Cal. 144, 54 Pac. 600; People v. Twelfth District Court, 17 Cal. 547; Ex parte Burke, 59 Cal. 6; Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 Pac. Zit) The provisions of this section are prospective oniy, and do not affect statutes passed before its adoption. (Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 Pac. 211; Ex parte Burke, 59 Cal. 6; Rollins v. Wright, 93 Cal. 895, 29 Pac. 58; Smith v. McDermott, 93 Cal. 421, 29 Pac. 34; Meade v. Watson, 67 Cal. 591, 8 Pac. 311; Ex parte Chin Yan, 60 Cal. 78.) The legislature cannot make a special act general by a legislative declaration that it shall be considered a general act. (San Francisco v. Spring Valley W. W., 48 Cal. 493.) A law which on its face is general and may be applied to all cities cannot be assailed on the ground that it was in fact passed to effect an improvement in one city only. (Davies v. Los Angeles, 86 Cal. 37, 24 Pac. 771.) A special law is ome relating to a selected class, as well as a particular object. (Smith v. McDermott, 93 Cal. 421, 29 Pac. 34.) As to what is a general and what a special law, see Ex parte Burke, 59 Cal. 6, per Morrison, C. J, A general law must be as broad as the subject mat- ter to which it relates. (Desmond v. Dunn, 55 Cal. 242.) An act applying uniformly upon the whole of any single class of individuals or objects, when the classi- fication is founded upon some natural, intrinsic, or constitutional distinction, is a general law. (Abeel v. Clark, 84 Cal. 226, 24 Pac. 383; Cody v. Murphey, 89 Cal. 522, 26 Pac. 1081; Foster v. Police Commrs., 102 Cal.. 483, 37 Pac. 763; Rode y. Siebe, 119 Cal 103 CONSTITUTION OF 1879. Art. IV, § 25 518, 51 Pac. 869; Ex parte Koser, 60 Cal. 177; Vail v. San Diego, 126 Cal. 35, 58 Pac. 392; People v. Central Pace. R. R. Co., 105 Cal. 576, 38 Pac. 905; Murphy v. Pacific Bank, 119 Cal. 334, 51 Pac. 317; Murphy v. Pacific Bank, 180 Cal. 542, 62 Pac. 1059.) In order to make the law general, the classification must not be arbitrary, but must be founded upon some natural, intrinsic, or constitutional distinction, and some reason must appear why the act is not made to apply generally to all classes. (Rauer v. Will- iams, 118 Cal. 401, 50 Pac. 691; Darcy v. Mayor, 104 Cal. 642, 38 Pac. 500.) Although a law is general when it applies equally to all individuals of a class founded upon a natural, intrinsic, or constitutional distinction, it is not gen- eral if it confers particular privileges or imposes pe- culiar disabilities or burdensome conditions, in the exercise of a common right, upon a class arbitrarily selected from the general body of those who stand in precisely the same relation to the subject of the law. (Pasadena vy. Stimson, 91 Cal. 238, 27 Pac. 604; Bloss v. Lewis, 109 Cal. 493, 41 Pac. 1081.) A law which applies only to a part of a class— which relates not to any genus, but only to species— is a special law. (People v. Central Pac. R. R. Co., $3 Gal; 393; 23 Pac. 3038.) Acts held to be general.—The following acts have . been held to be general within the meaning of this section: An act relating to elections to elect boards of freeholders, and to adopt and amend charters (Frag- ley v. Phelan, 126 Cal.-3838, 58 Pac. 923); an act pro- viding for police courts in all cities of a designated population, and providing that it shall go into effect upon the expiration of the term of office of the present police judge of such cities (People v. Henshaw, 76 Cal. 436, 18 Pac. 413; Hx parte Halsted, 89 Cal. 471, 26 Pac. 961; In re Mitchell, 120 Cal. 384, 52 Pac. 799): an act ‘applying to all elections in towns and cities (Ver- non School Dist. v. Board of Education, 125 Cal. 593, 58 Pac. 175); an act providing for an action by a reclamation district to determine the validity of an assessment(Lower IKXings River Reclamation Dist. No. 531 v. McCullah, 124 Cal. 175, 56 Pac. 887);. the in- sanity law of 1897 (People v. King, 127 Cal. 570, 60 Art. IV, §25 CONSTITUTION OF 1879. “104 Pac. 385); section 1203 of the Code of Civil Procedure (Carpenter v. Furrey, 128 Cal. 665, 61 Pac. 369); an act providing a special method for levying a tax for high schools, differing from that provided for other school districts (People v. Lodi High School Dist., 124 Cal. 694, 57 Pac. 660); an act providing for the refunding of indebtedness of municipal corporations other than cities of the first class (Los Angeles y. Teed, 112 Cal. 319, 44 Pac. 580); an act providing for the assessment of taxes upon railroads operating in more than one county (People v. Central Pac. R. R. Co., 105 Cal. 576, 88 Pac. 905); a law making it a felony to sell intoxicating liquors to Indians (People v. Bray, 105 Cal. 344, 38 Pac. 731); an act providing for vaccination of all children attending public schools (Abeel v. Clark, 84 Cal. 226, 24 Pac. 3838); an act relating to the compensation of the auditor and his clerk in all counties of the twentieth class (Kar- num v. Warner, 104 Cal. 677, 88 Pac. 421); an act forbidding the erection of partition walls in cities and towns of a greater height than ten feet, with- out the consent of the adjoining owner, except around public gardens, ete. (Western ete. Co. v. Wnickerbocker, 103 Cal. 111, 37 Pac. 192); the provi- sions of section 1001 of the Civil Code, providing for the acquisition of private property through the ex- ercise of the right of eminent domain (Santa Cruz v. Enright, 95 Cal. 105, 30 Pac. 197); a county ordinance providing a smaller license tax for the sale of spirit- uous liquors at wayside inns and rural watering places, outside of any city, than when sold in a city (Amador Co. v. Kennedy, 70 Cal. 458, 11 Pac. 757); an ordinance making it unlawful to conduct a laun- dry between 10 P. M. and 6 A. M., or on Sundays (Ex parte Moynier, 65 Cal. 33); the provision of the Code of Civil Procedure giving certain laborers pre- ferred claims as against other attaching creditors (Mohle v. Tschirch, 68 Cal. 381). See, also, cases cited below under the particular subdivisions of this section. Acts held to be special.—On the other hand, the following acts have been held to be special within the meaning of this section: An act providing for boards of election commissioners in cities and counties hay- 105 CONSTITUTION OF 1879. Art. IV, § 25 ing one hundred and fifty thousand or more inhabi- tants, that being an arbitrary classification without reference to the existing classification by general law (Denman v. Broderick, 111 Cal. 96, 43 Pac. 516); the “McClure Charter,” pecause it only applied to consol- idated city and county governments of a designated population (Desmond v. Dunn, 55 Cal. 242); a pro- vision of the County Government Act providing for salaries in addition to fees of constables in townships humbered one to ten in counties of one particular class (Lougher v. Soto, 129 Cal. 610, 62 Pac. 184); an act giving laborers employed by corporations by the week or month a lien for wages (Slocum v. Bear Val- ley Irr. Co., 122 Cal. 555, 55 Pac. 403); a law depriv- ing certain persons arbitrarily of the right to partici- pate in an election (Spier v. Baker, 120 Cal. 370, 52 Pac. 659); an act directed at and applicable to one particular named municipal corporation, and taking away a large part of its territory (People v. Common Council, 85 Cal. 3869, 24 Pac. 727; Fisher v. Police Court, 86 Cal. 158, 24 Pac. 1000); an act to remedy the failure on the part of the tax collector to publish the names of the owners, etc. (Moore v. Patch, 12 Cal. 265). See, also, cases cited below under particular subdi- visions of this section. ~« Subdivision 1.—An act establishing an additional police court in San Francisco, with the same jurisdic- tion, and to be governed by the same rules as the court already existing, is not a special law. (Ex parte Jordan, 62 Cal. 464.) This subdivision does not apply to the terms of of- fice of justices of the peace. (Kahn y. Sutro, 114 Cal. 316, 46 Pac. 87.) An act creating a justice’s court for one particular named town and fixing its jurisdiction is a special law. (Miner vy. Justice’s Court, 121 Cal. 264, 53 Pac. 795.) Subdivision 2.—An act making it a misdemeanor “for any person engaged in the business of baking to engage, or to permit others in his employ to engage, in the business of baking for the purpose of sale, be- tween the hours of 6 o’clock P. M. on Saturday and Art. IV, §25 coNSsTITUTION OF 1879. 106 6 o’clock P. M. on Sunday,” is a special law. (Ex parte Westerfield, 55 Cal. 550.) An act making it unlawful to keep open any place of business on Sunday, but exempting hotels, board- ing-houses, barber-shops, baths, markets, restaurants, taverns, livery-stables, and retail drug stores held not to be a special law. (Ex parte Koser, 60 Cal. 177.) This section does not prohibit the legislature from authorizing by general laws ordinances which would be special laws if enacted by the legislature directly. (Hx parte Chin Yan, 60 Cal. 78.) An act allowing certain convicts in the city and county of San Francisco to be imprisoned in the house of correction instead of the county jail or state prison does not violate this subdivision. (Hx parte Williams, 87 Cal. 78, 24 Pace. 602.) An act establishing an additional police court in San Francisco, with the same jurisdiction and to be governed by the same rules as the court already existing, is not a special law. (Ex parte Jordan, 62 Cal. 464.) An act making it a misdemeanor to keep open a barber-shop on Sundays and other holidays is special legislation. (Ex parte Jentzsch, 112 Cal. 468, 44 Pac. 803.) Subdivision 3.—A provision in the municipal cor- poration act that in cities of one class it shall not be necessary to plead or prove the existence or validity of any ordinance thereof, and that courts shall take judicial notice thereof, is special legislation. (City of Tulare v. Hevren, 126 Cal. 226, 58 Pac. 530.) A provision in the act supplemental to the “Wright Act,” that in a proceeding to confirm the organization and bonds of an irrigation district ‘fa motion for a new trial must be made upon the minutes of the court,” is repugnant to this provision. (Cullen vy. Glendora, Water Co., 113 Cal. 503, 39 Pac. 769, 45 Pac. 822.) The “Bank Commissioners’ Act,” providing for the winding up of banking corporations, and to that ex- tent superseding the provisions of the general Insol- vent Act, is constitutional. (People v. Superior Court, 100 Cal. 105, 34 Pac. 492.) & 107 : CONSTITUTION OF 1879. Art. IV, § 25 An act providing the form of a complaint in an ac- tion to condemn land is valid. (San Francisco v. Kiernan, 98 Cal. 614, 33 Pac. 720.) An act requiring an undertaking on the part of the plaintiff in actions of libel and slander is not a spe- cial law. (Smith v. McDermott. 93 Cal. 421, 29 Pac. 34.) The word “practice” includes all “pleadings.” (Peo- ple vy. Central Pac. R. R. Co., 88 Cal. 393, 23 Pac. 308.) A law providing for a special form of complaint in an action to recover an assessment of taxes against a railroad situated in more than one county, is in violation of this section. (People v. Central Pac. R. R. Co., 88 Cal. 393, 23 Pac. 308. But see People y. Central Pac. R. R. Co., 105 Cal. 576, 38-Pac. 905.) An act allowing certain convicts in the city and county of San Francisco to be imprisoned in the house of correction instead of the county jail or state prison does not violate this subdivision. (Ex parte Williams, 87 Cal. 78, 24 Pac. 602, 25 Pac. 248.) An act establishing an additional police court in San Francisco, with the same jurisdiction and to be governed by the same rules as the court already ex- isting, is not a special law. (Ex parte Jordan, 62 Cal. 464.) Subdivision 6.—Under this subdivision the legisla- ture cannot by special law change the name of a cor- poration, but may by general law provide for such change by the superior court upon application of the incorporators. (Matter of La Société Francaise, etce., 123 Cal. 525, 56° Pac. 458.) Subdivision 7.—The act of 1891 supplemental to the Vrooman Act, relating to street work in all mu- nicipalities, is a general law. (Hellman vy. Shoulters, 114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) Subdivision 9.—A law providing that, in counties of one particular class only, witnesses in criminal cases shall be entitled to the same fees as jurors, in the discretion of the court, is special. (Turner y. Siskiyou Co., 109 Cal. 332, 42 Pac. 484.) A provision of the County Government Act, that in counties of a certain class county licenses collected Art. IV, §25 cONSTITUTION OF 1879. 1068 in cities shall be paid into the treasuries of such ‘cities for street improvements, is in violation of this subdivision. (San Luis Obispo vy. Graves, 84 Cal. 71, 23 Pac, 1032.) The provisions of the County Government Act of 1893 empowering certain of the county officers in counties of one class to appoint a certain number of deputies, whose salaries are fixed by the act and made payable out of the county treasury, is valid, although in other counties the principals must pay the salaries of their deputies. (Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427; Freeman v. Barnum, 131 Cal. 386. Welsh v. Bramlet, 98 Cal. 219.33 Pac. 66, and Walser v. Austin, 104 Cal. 128, 37 Pac. 869, over- ruled.) An act directing the municipality to pay a particu- lar claim against it is in violation of this provision. (Conlin v. Supervisors, 114 Cal. 404, 46 Pac. 279.) Subdivision 10.—A law providing that taxes upon personal property unsecured by real estate shall be collected at the time of the assessment, and before the time provided for the collection of taxes upon other property, is valid. (Rode v. Siebe, 119 Cal. 518, 51 Pac. 869, Van Fleet, J., and Harrison, J., dissent- ing; Pacific Postal ete. Co. v. Dalton, 119 Cal. 604, 51 Pac. 1072.) Section 10 of article 18 of the constitution is not “a local or special law” passed by the legislature. (San Francisco ete. R. R. Co. v. State Board, 60 Cal. 122) A law providing a special method of assessment and collection of taxes against railroads situated in more than one county is special legislation. (People vy. Central Pac. R. R. Co., 83 Cal. 393, 23° Pac? sea. But see People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905.) Subdivision 11.—In forming a new county the leg: islature may make special provisions as to the first election to be held in it, and as to all things which must be done in order to complete the organization and preserve the orderly and harmonious administra: tion of the laws therein. (People v. McFadden, 81 Cal. 489, 22 Pac. 851.) 169 CONSTITUTION OF -1879. Art. IV, § 25 A law creating and providing for the organization of a new county is not within the prohibition against special and local legislation. (People v. Glenn Co., 100 Cal, 419, 35 Pac. 302.) An act creating a new county may provide for the collection of taxes levied before the formation of the county, but collected afterward. (Kings County v. Johnson, 104 Cal. 198, 37 Pac. 870.) The Primary Election Law of 1895, being express- ly confined in its operation to counties of the first and second class, is local and special. (Marsh v. Su- pervisors, 111 Cal. 368, 43 Pac. 975.) Subdivision 13.—A law providing a special method of assessment and collection of taxes against rail- roads situated in more than one county is special leg- islation. (People v. Central Pac. R. R. Co., 83 Cal. 393, -23 Pac. 303. But see People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905.) Subdivision 16.—An act attempting retroactively to exempt resident nephews and nieces from the pay- . ment of unpaid taxes upon collateral inheritances is in violation of this provision. (Estate of Stanford, 126 Cal. 112, 54 Pac. 259, 58 Pac. 462.) Subdivision 19.—Tulare Co. v. May, 118 Cal. 803, 50 Pac. 427; People v. Superior Court, 100 Cal. 105, 34 Pac. 492. Subdivision 20.—A law providing a special method of assessment and collection of taxes against rail- roads situated in more than one county is special legislation. (People v. Central Pac. R. R. Co., 83 Cal. $93, 23 Pac. 803. But see People vy. Central Pac. R. R. Co., 105 Cal. 576, 88 Pac. 905.) Subdivision 23.—An act making it a misdemeanor for a pawnbroker to charge or receive more than two per cent. per month interest is not a speciallaw. (Dx parte Lichtenstein, 67 Cal. 359, 7 Pac. 728.) Subdivision 24.—People v. Central Pac. R. R. Co., 88 Cal. 393, 23 Pac. 303; People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905. Subdivision 27.—The fixing of salaries of teachers is part of the “management of the common schools.” (Earle vy. Board of Education, 55 Cal. 489.) Constitution—10 Art. IV, §25 CONSTITUTION OF 1879. 110 An act relating to salaries of school teachers ini cities having one hundred thousand inhabitants or more is local and unconstitutional. (Harle vy. Board of Education, 55 Cal. 489.) | An act providing that in cities having a board of education the city treasurer is to have the custody of the state and county school money appropriated to the city is a special law. (Bruch vy. Colombet, 104 Cal. 347, 38 Pac. 45.) Subdivision 28.—An act authorizing the police com- missioners of Sacramento to appoint policemen not exceeding thirty in number is a special law, and creates officers within the meaning of thissubdivision. (Farrell v. Board of Trustees, 85 Cal. 408, 24 Pac. 868.) The word “officers” includes policemen in cities, and includes all officers who exercise their office and perform their duties within the limits of either politi- cal division mentioned. (i*arrell v. Board of Trus- tees, 85 Cal. 408, 24 Pac. 868.) An act directing the municipality to pay a particu- lar claim against it is in violation of this subdivision. (Conlin vy. Supervisors, 114 Cai. 404, 46 Pac. 279.) An act creating offices in but one class of counties, arbitrarily created and designated by population, without reference to the classification contained in the general law, is in violation of this provision. (San Francisco v. Broderick, 125 Cal. 188, 57 Pac. 887.) This subdivision does not prevent the passage of a special law as to a board of harbor commissioners for the bay of San Diego. (People v. Mullender, 132 Cal. 217.) See, also, Ex parte Jordan, 62 Cal. 464; Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66; Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427. Subdivision 29.—An act making an appropriation to pay the salary of an officer during a certain period before the amount of the salary has been fixed is not in violation of this section. (Smith v. Dunn, 64 Cal. 164, 28 Pac. 232. Smith v. Kenfield, 57 Cal. 188, dis- tinguished.) The County Government Act is not in violation of this vrovision. (Longan vy. Solano Co., 65 Cal. 122, oe ax.’ SH.) 1il1 CONSTITUTION OF 1879. Art. IV, § 25 An act fixing the salaries of county officers and providing that in all counties, except counties of three designated classes, it should not take effect un- til the expiration of the terms of the incumbents, and in those three it should take effect the first day of the month succeeding its passage, is a special law. (Miller v. Kister, 68 Cal. 142, 8 Pac. 813.) An act readjusting the salaries of all county of- ficers of counties of a particular class is a general law. (Cody v. Murphey, 89 Cal. 522, 26 Pac. 1081.) An act making an appropriation to pay James W. Rankin for services in the state treasurer’s office is not in violation of this section. (Rankin vy. Colgan, 92 Cal. 605, 28 Pac. 673.) An act providing that when the population of an existing county shall be reduced, by reason of the creation of any new county from the territory there- of, below the class first assumed by it under the act, it should be the duty of the supervisors of such coun- ty to designate the class to which such county has been reduced, is a general law. (Kumler v. Supervis- ors, 193 Cal. 393, 37 Pac. 383.) A provision of the fee bill allowing justices of the peace a certain portion of the fees collected by them, without reference to the classification contained in the County Government Act, is a special law. (Dwy- er v. Parker, 115 Cal. 544, 47 Pac. 372.) The provision of the County Government Act of 1897, providing for salaries in certain counties in lieu of fees and per diem, is valid. (Vail v. San Di- ego, 126 Cal. 35, 58 Pac. 392.) See, also, Ex parte Jordan, 62 Cal. 464; Tulare Co. y. May, 118 Cal. 303, 50 Pac. 427. Subdivision 33.—In Earle v. Board of Education, 55 Cal. 489, it was suggested, but not decided, that the court may determine whether a general law can be made applicable in a given case. As to whether the legislative determination of the question whether a general law can be made appli- cable is conclusive, discussed but not decided. (Peo- ple v. Mullender, 132 Cal. 217.) A law cannot be held invalid merely because, in the opinion of the court, it would have been possible to have framed a general law under which the pur- Art. IV, §26 consTITUTION oF 1879. 112 pose of the special law could have been accom- plished. (People v. Mullender, 182 Cal. 217.) _ It is impossible for the court to say that a general law could be made applicable to the subject of forma- tion of new counties. (People v. McFadden, 81 Cal. 489, 22 Pac. 851.) ; A law requiring cities of two designated classes to make effort to agree with the owners of land sought to be condemned, before instituting condemnation proceedings, is special legislation. (Pasadena _ vy. Stimson, 91 Cal. 238, 27 Pac. 604.) A provision of the County Government Act that in all counties of one particular class certain additional fees shall be collected for filing the inventory in es- tates of deceased persons, is violative of this section. (Bloss v. Lewis, 109 Cal. 498, 41 Pac. 1081.) The act of 1895, providing for the disincorporation of municipal corporations of the sixth class, is not a special law. (Mintzer v. Schilling, 117 Cal. 361, 49 Pac. 209.) The act of 1893, providing a special method of col- lecting fees in cities and counties of over one hun- dred thousand inhabitants, is a special law. (Rauer v. Williams, 118 Cal. 401, 50 Pac. 691.) An act providing a special mode of conducting the election of directors of mining corporations is a spe- cial law. (Krause vy. Durbrow, 127 Cal. 681, 60 Pac. 438.) An act providing that no misnomer of the owner shall affect any assessment by an irrigation district is a general law. (Hscondido High School Dist. v. Escondido Seminary, 180 Cal. 128, 62 Pac. 401.) See, also, Marsh v. Supervisors, 111 Cal. 368, 43 Pac. 975; People v. Superior Court, 100 Cal. 105, 34 Pac. 492; Conlin v. Supervisors, 114 Cal. 404, 46 Pace. 279; Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427; Ex parte Jentzsch, 112 Cal. 468, 44 Pac. 803. See. 26. The legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale in this state of lottery or gift enterprise tickets, Article IV, Section See. 254. The legislature may provide for the division of the state into fish and game districts, and may enact such laws for the protection of fish and game therein as it may deem appropriate to the respective districts. (Amendment adopted November 4, 1902. ) ry 113 CONSTITUTION OF 1879. Art. IV, § 26 or tickets in any scheme in the nature of a lot- tery. The legislature shall pass laws to regulate or prohibit the buying and selling of the shares of the capital stock of corporations in any stock board, stock exchange, or stock market under the control of any association. All contracts for the sale of shares of the capital stock of. any cor- poration or association, on margin or to be de- livered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any court of competent jurisdiction. LOTTERIES.—Under this section an ordinance making the mere possession of a lottery ticket a mis- demeanor is valid.» (Collins v. Lean, 68 Cal. 284, 9 Fac, 173.) SALE OF STOCK ON MARGIN.—This provision is remedial, not penal. (Parker vy. Otis, 130 Cal. 322, 62 Pace. 571.) It is not in conflict with the federal constitution. (Parker v. Otis, 130 Cal. 322, 62 Pac. 571.) Whether or not a particular transaction is in vio- lation of this provision is a question of fact. (Bald- win v. Zadig, 104 Cal. 594, 88 Pac. 363.) This provision will not be extended so as to for- bid the delivery of stock as a conditional payment for the purchase of land, with a guaranty of cash value, and an agreement to take it back at the end of two years, upon request, and to make the pay- ments in cash. (Maurer vy. King, 127 Cal. 114, 59 Pac. 290.) An undisclosed principal may recover money paid . by his agent upon a contract in violation of this sec- tion. (Parker vy. Otis, 130 Cal. 322, 62 Pac. 571.) This provision is not to be confined to the particu- lar person handing over the money. (Parker y. Otis, 130 Cal. 322, 62 Pac. 571.) : Art. IV, §27 CONSTITUTION OF 1879. 114 This provision will not be so construed as to permit an evasion of it. (Parker v. Otis, 130 Cal. 322, 62 Pac. 571.) An agreement by which the broker is to purchase stock, charging the customer with commissions and the interest on the money advanced, and holding the stocks as security until their sale, the customer sim- ply receiving and paying the difference between the buying and selling values of the stock, is in violation of this section. (Cashman vy. Root, 89 Cal. 3738, 26 Pac. 883.) The payment of a mere margin of the cost price of stock to brokers, under an agreement that the brokers were to make advances for the purchaser, and hold the stocks purchased as security for their advances, with power to sell to protect their interest, without delivery to the purchaser of any particular shares of stock purchased, but with readiness of the brokers at any time on demand to deliver a like number of shares upon payment of all balance due, is within the prohibition of this.section. (Parker yv. Otis, 180 Cal. 322, 62 Pac. 571.) One who sues to recover money voluntarily paid for the purchase of stocks on margins or to be de- livered at a future day, in violation of this provision, is not entitled to recover interest thereon. (Baldwin v. Zadig, 104 Cal. 594, 38 Pac. 363.) Sec. 27. When a congressional district shall be composed of two or more counties, it shall not be separated by any county belonging to another district. No county, or city and county, shall be divided in forming a congressional district so as to attach one portion of a county, or city and county, to another county, or city and county, except in cases where one county, or city and county, has more population than the ratio re- quired for one or more congressmen; but the legislature may divide any county, or city and 115 CONSTITUTION OF 1879. Art. IV, §§ 28, 29 county, into as many congressional districts as it may be entitled to by law. Any county, or city and county, containing a population greater than the number required for one congressional district; shall be formed into one or more con- -gressional districts, according to the population thereof, and any residue, after forming such dis- trict or districts, shall be attached by compact adjoining assembly districts, to a contiguous coun- ty or counties, and form a congressional district. In dividing a county, or city and county, into congressional districts, no assembly district shall be divided so as to form a part of more than one congressional district, and every such congres- sional district shall be composed of compact con- tiguous assembly districts. CONGRESSIONAL DISTRICTS.—As to the ap- portionment of the state in general, see note to sec- tion 6 of this article. Sec. 28. In all elections by the legislature the members thereof shall vote viva voce, and the votes shall be entered on the journal. Sec. 29. The general appropriation bill shall contain no item or items of appropriation other than such as are required to pay the salaries of the state officers, the expenses of the government, and of the institutions under the exclusive con- trol and management of the state. GENERAL APPROPRIATION BILL.—The gener- al appropriation bill cannot create an office. (Lewis v. Colgan, 115 Cal. 529, 47 Pac. 357.) Art. IV, §§ 30,31 constrrurTion oF 1879. 116 Sec. 30. Neither the legislature, nor any coun- ty, city and county, township,. school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund what- ever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, univer- sity, hospital, or other institution controlled by any religious creed, church, or sectaridn denomina- tion whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever ; pro- vidaed, that nothing in this section shall prevent the legislature granting aid pursuant to section twenty-two of this article. Sec. 31. The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the state, or of any county, city and county, city, township, or other political corporation or subdivision of the state now existing, or that may be hereafter established, in aid of or to any person, association, or corpora- tion, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation what- ever; nor shall it have power to make any gift, ARTICLE IV. Lending Public Credit Prohibited. Section 31. The legislature shall have no power to give or to state, or of any county, city and county, city, township, or other) political corporation or subdivision of the state now existing, or that may be hereafter established, in aid of or to any person, | association, or corporation, whether municipal or otherwise, or | to pledge the credit thereof,_in any manner whatever, for the payment of the liabilities of any individual, association, municipal | or other corporation whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public | money or thing of value to any individual, municipal or other — corporation whatever; provided, that nothing in this section shall, prevent the legislature granting aid pursuant to section twenty-'! two of this article; and it shall not have power to authorize the state or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation shall prevent the legislature granting aid pursuant to sectiOn twenty-two of this article; and it shall not have power to authorize the state, or any® political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever; provided, further, that’ irrigation districts for the purpose of acquiring the control of any entire International water system necessary for its use and | purposes, a part of which is situated in the United States, and ai} part thereof in a foreign country, may in the manner authorized § by law, acquire the stock of any foreign corporation which is the owner of, or which holds the title to the part of such system situ- | ated in a fOreign country. (Adopted November 3, 1914.) 117 CONSTITUTION OF 1879. Art. kV, $38 or authorize the making of any gift, of any public money or thing of value to any individual, munic- ipal or other corporation whatever; provided, that nothing in this section shall prevent the legis- lature granting aid pursuant to section twenty- two of this article; and it shall not have power to authorize the state, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever. AID TO PRIVATE ENTERPRISE.—An appropri- ation to. a railroad company to aid in building a rail- road, in consideration of valuable services, is not a gift or loan of the credit of the state. (People v. Pacheco, 27 Cal. 175.) Under the former constitution, the legislature might compel a county to become a subscriber to a railroad, and the legislature was the sole judge of the question as to whether the railroad was a public benefit. (Napa Valley R. R. Co. v. Napa Co., 30 Cal. 435.) GIFTS.—A statute will not be held unconstitutional on the ground that it makes a gift, unless its in- validity appears upon its face or from facts of which the court takes judicial notice. (Conlin v. Super- visors, 99 Cal. 17, 33 Pac. 753; Stevenson v. Col- gan, 91 Cal. 649, 27 Pac. 1089; Rankin vy. Colgan, 92 Cal. 605, 28 Pac. 673; Bourn vy. Hart, 93 Cal. 321, 28 Pac. 951.) The courts will take judicial notice that in no ease would a city be liable for any portion of the expense of street improvements; and, therefore, an act appropriating money for the same is unconstitu- tional. (Conlin v. Supervisors, 99 Cal. 17, 33 Pac. 753.) A gift, as used in this section, includes all appro- priations for which there is no authority or enforce- able claim, or which rest alone upon some moral or equitable obligation, which in the mind of a gen- erous or even just individual, dealing with his own ATI, Stor CONSTITUTION oF 1879. 118 money, might prompt him to recognize as worthy of reward. (Conlin v. Supervisors, 99 Cal. 17, 33 Pac. 753.) A gift within the meaning of this section is a gratuitous transfer of the property of the state, made voluntarily and without consideration. (Yosemite Stage ete. Co. v. Dunn, 83 Cal. 264, 23 Pace. 369.) Under the former constitution the legislature might authorize the payment of claims invalid in law, but equitable and just in themselves. (Blanding v. Burr, 13 Cal. 348; Creighton v. San Francisco, 42 Cal. 446.) But a mere moral obligation will not make a trans- action other than a gift. (Molineux v. California, 109 Cal. 378, 42 Pac. 34.) The legislature has no power to make gifts to its employees or to allow them extra compensation af- ter service rendered. (Robinson v. Dunn, 77 Cal. 473, 19 Pace. S78.) The legislature has no power to create a liability against the state for any act of negligence on the part of its officers. (Chapman vy. State, 104 Cal. 690, 38 Pac. 457.) A mere change in the remedy does not create a liability against the state. (Chapman vy. State, 104 Cal. 690, 88 Pac. 457.) An act attempting retroactively to exempt resident nephews and nieces from the payment of unpaid taxes upon collateral inheritances is in violation of this provision. (Estate of Stanford, 126 Cal. 112, 54 Pac. 259, 58 Pac. 462.) A purchase of an unexpired lease of the Yosemite and Wawona wagon road, made by the Yosemite commissioners, is not a gift. (Yosemite Stage ete. Co. v. Dunn, 83 Cal. 264, 23 Pac. 369.) A law attempting to confer a right to recover in- terest on coupons upon which there was before no right to recover interest is a gift. (Molineux v. Cali- fornia, 109 Cal. 878, 42 Pac. 34.) An act creating an exempt firemen’s relief fund, and requiring municipalities to aid exempt firemen who never rendered them any service, and thus creat- ing a liability where none existed before, is in viola- tion of this section. (Taylor v. Mott, 123 Cal. 497, 56 Pac. 256.) 119 CONSTITUTION OF 1879. Art. IV, § 32 As to whether a contract by a municipal corpora- tion to pay money to any person or corporation to secure the construction of a railroad would be in violation of this section, see Higgins v. San Diego Water Co., 118 Cal. 524, 546, 45 Pac. 824, 50 Pac. 670. An act providing a bounty on coyote scalps does not constitute a gift. (Ingram vy. Colgan, 106 Cal. 118. 38 Pac. 315, 39 Pac. 487.) The mere fact that the city enjoyed the actual ad- vantage of certain street improvements does not ereate any moral obligation, and cannot support a statute appropriating money for the same. (Conlin v. Supervisors, 99 Cal. 17, 38 Pac. 7538.) An act appropriating five thousand dollars for the benefit of the sufferers from the Tia Juana floods is clearly violative of this provision. (Patty v. Colgan, Binal. 251,.31..Pac..1133.) An appropriation in payment of a claim for dam- ages on account of personal injuries sustained while in the service of the state, and for which the state is not responsible, is a gift. (Bourn v. Hart, 93 Cal. ob, 20 Pac. 951.) An act creating a police life and health insurance fund, and providing for the payment into such fund of a certain portion of the salaries of police officers, does not make a gift of public money. (Pennie v. Reis, 80 Cal. 266, 22 Pac. 176.) An act directing the payment of the salary of an officer of an irrigation district out of the funds of the county is in violation of this provision. (Knox v. Los Angeles, 58 Cal. 59.) Sec. 32. The legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract has been entered into and performed, in whole or in part, nor to pay, or to authorize ATT ATV} § 32 CONSTITUTION OF 1879. 126 the payment of, any claim hereafter created against the state, or any county or municipality of the state, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void. EXTRA COMPENSATION.—The word “law” as used in this section is used in the same sense as the word “statute,” and includes an unconstitutional stat- ute. (Miller v.. Dunn, 72 Cal. 462, 14 Pace. 27.) This section does not prevent the legislature from making an appropriation to pay a claim for work done on behalf of the state, in pursuance of an act of the legislature, which is judicially declared uncon- stitutional after the performance of the work. (Miller v. Dunn, 72 Cal. 462, 14 Pac. 27.) An act creating an exempt firemen’s relief fund, and requiring municipalities to aid exempt firemen who never rendered them any service, and thus creat- ing a liability where none existed before, is in vio- lation of this section. (Taylor v. Mott, 123 Cal. 497, 56 Pac. 256.) The legislature has no power to make gifts to its employees or to allow them extra compensation af- ter service rendered. (Robinson vy. Dunn, 77 Cal. 473, 19 Pac. 878.) A contract by a board of supervisors, employing the district attorney to try a suit in another county after the expiration of his term of office, does not increase his salary as district attorney, and is valid, (Jones v. Morgan, 67 Cal. 308, 7 Pac. 784.) An act making an appropriation to pay the salary of an officer during a certain period before the amount of the salary has been fixed is not in viola- tion of this section. (Smith v. Dunn, 64 Cal. 164, 28 Pac. 232.) An act providing for a police life and health in- surance fund does not grant an extra compensation in violation of this section. (Pennie v. Reis, 80 CaL 266, 22 Pac. 176.) 121 CONSTITUTION OF 1879. Art. IV, §§ 33, 34 A contract by the clerk of the board of super- visors to collect a claim against the state and divide the commission with the district attorney is in vio- lation of this section. (Power v. May, 114 Cal.:207, 46 Pace. 6.) Although there is no express authority of law for the board of examiners to appoint an expert, they have that power, since, in addition to its express pow- ers, a board has such additional powers as are necessary for the due and efficient exercise of pow- ers expressly granted, or as may be fairly implied. (Lewis v. Colgan, 115 Cal. 529, 47 Pac. 357.) An act appropriating money for the salary of an expert to the board of examiners is valid, and the employment of such expert by the board is not void as being without express authority of law. (Lewis vy. Colgan, 115 Cal. 529, 47 Pac. 357.) Sec. 33. The legislature shall pass laws for the regulation and limitation of the charges for ser- vices performed and commodities furnished by telegraph and gas corporations, and the charges by corporations or individuals for storage and wharfage, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation or individual interested in the busi- ness to be regulated, and no person shall be se- lected who is an officer or stockholder in any such corporation. WATER RATES.— tr PM mM LT LH GL > CH? CL Gr LH? Cr tr cm SO Oh ee CS ROSE _ 2 Tt 12. 15. 14. 15. 16. 17. 18: 19. 20. ARTICEB Ve EXECUTIVE DEPARTMENT. Executive power vested in governor. Election of governor and term of office. Eligibility and qualifications. Returns of election—Counting votes. Governor to be commander-in-chief of militia, Executive business of. To see that laws are executed. To fill vacancies in office. When to convene special sessions. Messages to legislature. When to adjourn legislature. Disability to hold other offices. x Keeper of seal of state. To sign and seal grants and commissions. Lieutenant-governor—Election of, ete. When powers of governor devolve on. State officers—Hlection and terms of office. Secretary of state—Duties of. Compensation of state officers. Governor—Ineligible to United States senate. Section 1. The supreme executive power of this state shall be vested in a chief, magistrate, who shall be styled the Governor of the State of California. 125 CONSTITUTION OF 1879. Art. V, §§ 2-4 THE GOVERNOR.—When a ministerial duty, af- fecting a private right, is specially devolved on the governor by law, he may be compelled to perform the same by writ of mandate. (Middleton v. Low, 30 Cal. 596; Harpending v. Haight, 39 Cal. 189.) Sec. 2. The governor shall be elected by the qualified electors at the time and places of voting for members of the assembly, and shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his successor is elected and qualified. TERM.—The term is fixed at four years certain, with a contingent extension. When this contingency happens, this extension is as much a part of the entire term as any portion of the four years. (People vy. Whitman, 10 Cal. 38.) Sec. 3. No person shall be eligible to the office of governor who has not been a citizen of the United States and a resident of this state five years next preceding his election, and attained the age of twenty-five years at.the time of such election. Sec. 4. The returns of every election for gov- ernor shall be sealed up and transmitted to the seat of government, directed to the speaker of the assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor; but, in case any two or more have an equal and Art. V, §§5-8 CONSTITUTION OF 1879. 126 the highest number of votes, the legislature shall, by joint vote of both houses, choose one of such persons so having an equal and the highest num- ber of votes for governor. Sec. 5. The governor shall be commander-in- chief of the militia, the army and navy of this state. Sec. 6. He shall transact all executive business with the officers of government, civil and military, and may require information, in writing, from the officers of the executive department, upon any subject relating to the duties of their respective offices. Sec. %. He shall see that the laws are faith- fully executed. Sec. 8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and law for fillmg such vacancy, the governor shall have power to fill such vacan- ey by granting a commission, which shall ex- pire at the end of the next session of the legis- lature, or at the next election by the people. APPOINTMENT OF OFFICERS.—After the issu- ance of the commission, the governor cannot revoke the appointment. (People v. Cazneau, 20 Cal. 503.) Where an officer is to be appointed by the governor by and with the consent of the senate, and the goy- ernor makes an appointment during the ‘recess of the legislature, he cannot, before such appointee is 127 CONSTITUTION OF 1879. Art. V,§8 rejected by the senate, appoint another person to the office. (People v. Mizner, 7 Cal. 519.) An appointment by the governor only lasts till the next election by the people. (Brooks v. Melony, 15 Cal. 58.) The words “next election by the people’ do not ° mean the next general election, or the next election held by the people, but that the appointee shall hold until some one has been regularly elected to fill that office in the manner provided by law; and as ap- plied to the lieutenant-governor it means the next gubernatorial election. (People v. Budd, 114 Cal. 168, 45 Pac. 1060.) The words ‘next election by the people’ mean the next election after the vacancy happens, and in cases of judges, does not mean the next general judicial election. (People v. Mott, 3 Cal. 502.) This provision is to be read distributively, so that, if the office is elective, the appointee shall hold till the next election, and if not elective, till the end of the next session of the legislature, which shall either elect a successor or enact laws for his elec- tion. (People vy. Mott, 3 Cal. 502.) Officers.—The term “officer,” as used in this sec- tion, is sufficiently comprehensive to include all per- sons in any public station or employment conferred by the government, and includes the clerks of the secretary of state. (Vaughn v. English, 8 Cal. 39.) Vacancies.—This provision applies only to va- eancies occurring under circumstances such that the original appointing or electing power cannot act. Such power is‘limited by the period when the people or the legislature can elect or appoint, on the arrival of which period his power ceases and the right of appointment returns to the original appointing power. (People vy. Fitch, 1 Cal. 519.) Before this section can apply two things must be shown: 1. That a vacancy exists; and 2. That no mode of filling it is provided by law. (People v. Mizner, 7 Cal. 519.) : This section has no application to the filling of a vacancy, the mode of filling which is provided by law. (People v. Cazneau, 20 Cal. 503; People v. Stratton, 28 Cal. 382.) Art. V, §8 CONSTITUTION OF 1879, 128 As to whether or not this section has any ap- plication to local officers, see People v. Hammond, 66 Cal. 654, 6 Pac. 741. The power to fill an office carries with it, by im- plication, the power to fill a vacancy, and all nec- essary authority to carry out the original power, and prevent it from becoming inoperative. (People v. Fitch, 1 Cal. 519.) If an act creating an office provides that the in- cumbent of another office shall, ex officio, fill the oftice created, and the incumbent is prohibited by the constitution from holding the office, there is no vacancy. (People v. Sanderson, 30 Cal. 160.) When a district judze resigns during his term, there is a vacancy to be filled by the governor, and the appointee will hold until the next general election, or at most until the qualification of the person elected by the people. (People v. Rosborough, 14 Cal. 180.) Where an officer continues to discharge the duties of the office after the expiration of his term, and before the qualification of his successor, there is no vacaney in the office within the meaning of this sec- tion. (People v. Edwards, 93 Cal. 153, 28 Pac. 831.) Absence of a judge from the state does not create a vacancy within the meaning of this section. (Peo- ple v. Wells, 2 Cal. 198, 610, Anderson, J., dissenting.) The legislature has no power to determine when a vacancy exists within the meaning of this section. (People v. Wells, 2 Cal. 198, 610; People v. Mizner, 7 Cal. 519.) When the constitution clearly enumerates the events that shall constitute a vacancy in a particular office, all others must be excluded. (People v. Whit- man, 10 Cal. 38.) Failure of an elected officer to qualify does not create a vacancy in the office. (People v. Whitman, 10 Cal. 38.) No vacancy occurs by the death, removal, or resig- nation of a sheriff, as the coroner, by operation of law, becomes sheriff upon the happening of such an event. (People v. Phoenix, 6 Cal. 92.) As to whether a failure to elect a successor leaves an office vacant at the expiration of the term, see People v. Parker, 37 Cal. 639. 129 CONSTITUTION OF 1879. Art. V, §8 Particular cases.—If the office of lieutenant- governor becomes vacant during his term of office, the governor may fill the vacancy for the full re- mainder of the unexpired term. (People v. Budd, 114 Cal. 168, 45 Pac. 1060.) Where a fire commissioner was appointed under the act of 1878 by the judge of the county court for the term of four years and until his successor is appointed and qualified, and the new constitution superseded the appointing functions of such judge and did not vest them in any other person, such commissioner holds over, and there is no vacancy in the office. (People v. Edwards, 93 Cal. 158, 28 Pac. 831.) Where the position of state printer becomes vacant during the session of the legislature, which was the appointing power, the governor has no power to ap- point a successor. (People v. Fitch, 1 Cal. 519.) Where the district judge was to be appointed by the legislature for the first term and _ thereafter elected by the people, and the legislature failed to appoint, and the governor appoints to fill the vacancy, the person so appointed only holds till the next elec- tion, and not till the next session of the legislature. (People v. Mott, 3 Cal. 502.) Where an officer is appointed by the legislature to hold for two years, and until his successor is ap- pointed and qualified, and the succeeding legislature fails to elect, the governor may appoint. (People v. Reid, 6 Cal. 288.) Where the legislature fails to elect a successor to an officer at the expiration of the term, the gov- ernor may appoint. (People v. Baine, 6 Cal. 509; People v. Langdon, 8 Cal. 1.) Where the appointment of an officer is vested in the governor, with the advice and consent of the senate, and the term expires during the recess of the senate, the governor may fill such vacancy for the full term, subject only to be defeated by non- concurrence by the senate. (People v. Audison, 10 Cal. 1.) When the legislature provides that in case of a vacaney in a particular office a board shall fill it un- til the next session of the legislature, the filling of Art. V, §§ 9-11 CONSTITUTION OF 1879, 180 the vacancy is provided for within the meaning of this section, and no vacancy is caused by the failure of the legislature to elect. (People v. Parker, 37 Cal. 639.) Sec. 9. He may, on extraordinary occasions, convene the legislature by proclamation, stating the purposes for which he has convened it, and when so convened it shall have no power to legis- late on any subjects other than those specified in the proclamation, but may provide for the expenses of the session and other matters inciden- tal thereto. EXTRA SESSIONS.—The confirmation of appoint- ments by the governor is not legislation within the meaning of this section. (People v. Blanding, 68 Cal. 333.) Neither is the proposing of constitutional amend- ments. (People v. Curry, 130 Cal. 82, 62 Pac. 516.) The governor is the sole judge of the existence of an extraordinary occasion for convening the legis- lature. (Whitman v. Wilmington ete. R. R. Co., 2 Harr. (Del.) 514.) Sec. 10. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters as he shall deem expedient. Sec. 11. In case of a disagreement between the two houses with respect to the time of adjourn- ment, the governor shall have power to adjourn the legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next legislature. 131 CONSTITUTION OF 1879. Art. V, §§ 12-15 Sec. 12. No person shall, while holding any office under the United States or this state, exer- cise the office of governor except as hereinafter expressly provided. Sec. 13. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called “The Great Seal of the State of California.” Sec. 14. All grants and commissions shall be in the name and by the authority of the people of the state of California, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state. Sec. 15. A liewtenant-governor shall be elected at the same time and place, and in the same manner, as the governor, and his term of office and his qualifications shall be jhe same. He shall be president of the senate, but shall only have a casting vote therein. [ Amendment adopted November 8, 1898. | [ORIGINAL SECTION.] See. 15. A lieutenant-governor shall be elected at the same time and places, and in the Same manner, as the governor; and his term of office and his quali- fications of eligibility shall also be the same. He shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapa- Art. V, § 16 CONSTITUTION OF 1879. - 132 ble of performing the duties of his office, or be ab- sent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability shall cease. The lieutenant- governor shall be disqualified from holding any other office, except as specially provided in this constitu- tion, during the term for which he shall have been, elected. Sec. 16. In case of the impeachment of the goy- ernor, or his removal from office, death, inability to discharge the powers and duties of his office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. And should the lieutenant-governor be impeached, displaced, re- sign, die, or become incapable of performing the duties of his office, or be absent from the state, the president pro tempore of the senate shall act as governor until the vacancy in the office of governor shall be filled at the next general elec- tion, when members of the legislature shall be chosen, or until such disability of the heutenant- governor shall cease. In case of a vacancy in the office of governor for any of the reasons above named,and neither the lieutenant-governor nor the president pro tempore of the senate succeed.to the powers and duties of governor, then the powers and duties of such office shall devolve upon the speaker of the assembly, until the office of goy- ernor shall be filled at such general election. [Amendment adopted November 8, 1898. ] 133 CONSTITUTION OF 1879. Art. V, §§ 16,17 [ORIGINAL SECTION.] Sec. 16. In case of the impeachment of the govy- ernor, or his removal from office, death, inability to discharge the powers and- duties of the said office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieu- tenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military force of the state. Sec. 1%. A secretary of state, a controller, a treasurer, an attorney general, and a surveyor general shall be elected at the same time and places, and in the same manner as the governor and lieutenant-governor, and their terms of office shall be the same as that of the governor. EXECUTIVE OFFICERS.—Neither an appointment by the governor, nor an election by the people, had before the election of governor, can deprive the peo- ple of their right to fill the office of controller at such election. (Brooks v. Melony, 15 Cal. 58.) The controller is a ministerial officer and has no discretion as to the issuance of warrants for ap- propriations. (McCauley v. Brooks, 16 Cal. 11.) Although the constitution is wholly silent as to the duties of the attorney general, secretary of state, controller, and treasurer; and contains no express limitation on the power of the legislature as to the same, yet a limitation on their power is necessarily implied from the nature of these offices. (Love v. Baehr, 47 Cal. 364.) The legislature may devolve on the secretary of state the performance of services foreign to the of- fice, and may pay him a salary therefor in addition Constitution—12 Art. V, §§ 18,19 CONSTITUTION oF 1879. 134 to his salary as secretary of state. (Melone vy. State, 51°Cal. 549; Green v. State, 51 Cal. 577.) In assigning duties to these officers, the legislature possesses a wide discretion, and while the legisla- ture cannot compel the attorney general to perform the duties of a member of the board of examiners, it may compensate him for doing so voluntarily. (Love v. Baehr, 47 Cal. 364.) Sec. 18. The secretary of state shall keep a correct record of the official acts of the legisla- tive and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as may be assigned him by law. Sec. 19. The governor, lieutenant-goyvernor, secretary of state, controller, treasurer, attorney general, and surveyor general shall, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected, which com- pensation is hereby fixed for the following officers for the two terms next ensuing the adoption of this constitution, as follows: Governor, six thou- sand dollars per annum; lieutenant-governor, the same per diem as may be provided by law for the speaker of the assembly, to be allowed only during the session of the legislature; the secretary of state, controller, treasurer, attorney general, and surveyor general, three thousand dollars each ; Achy DEC lsh Ve Election of United States Senators. Section, 20. United States senators shall be elected by the people of the state in the manner provided by law. (Adopted Novem- ber 3, 1914.) % 3 135 CONSTITUTION OF 1879. Art. V, § 20 per annum, such compensation to be in full for all services by them respectively rendered in any official capacity or employment whatsoever during their respective terms of office; provided, however, that the legislature, after the expiration of the terms hereinbefore mentioned, may, by law, di- minish the compensation of any or all of such ov-icers, but in no case shall have the power to increase the same above the sums hereby fixed by this constitution. No salary shall be authorized by law for clerical service, in any office provided for in this article, exceeding sixteen hundred dollars per annum for each clerk employed. The legislature may, in its discretion, abolish the office of surveyor general; and none of the officers here- inbefore named shall receive for their own use any fees or perquisites for the performance of any official duty. Sec. 20. The governor shall not, during his term of office, be elected a senator to the senate of the United States. UNITED STATES SENATE.—This provision is in- valid and not binding upon the United States senate. The qualification of members of that body being fixed by the United States constitution, additional ones cannot be required by the states. (Barney v. Me- Creery, 1 Cong. Hl. Cas. 167; Turney v. Marshall, 2 Cong. Hl. Cas. 167; Trumbull’s Case, 2 Cong. El. Cas. 618.) Art. VI CONSTITUTION OF 1879. 136 | MPP MY MM LM LT Cr Or Ur Lr KP Cr Cr Q2UrMmMMmMMmMmMm MH MH Pe BY Sash bana a Sal on 10. 11. 12. 13. rm rb eae, co ARTICLE VI. JUDICIAL DEPARTMENT. Judicial powers. Supreme court, how constituted. Election of supreme justices. Jurisdiction of supreme court. Superior court, jurisdiction. Superior court, how constituted. Superior judges, apportionment of business. Judge may hold court in other county—Judge pro tempore. Leave of absence—Limitation of time, Justices and judges, how removed. Justices of the peace, provision for. Courts of record. Jurisdiction of inferior courts to be fixed by legislature. Clerks of courts and court commissioners. Judicial officers not to receive fees and per- quisites. Supreme court opinions to be published. Compensation of justices and judges. Justices and judges ineligible to other offices. Charges to juries. Style of process. Reporter of supreme court decisions. Judges not to practice law. Eligibility of justices and judges. Condition precedent to draft of salary. Const.: Art. VI, Sec. 1. Judicial power; how vested. Section 1. The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts of appeal, superior [courts and] such inferior courts as the legislature may establish in any incorporated city or town, {township, county,] or city and county. {Amendment adopted October 10, 1911. ] Pd CONSTITUTIONAL AMENDMENTS Approved at Election, November 8, Igo4, Hennings Constitution, p. 191. ARTICLE VI. JUDICIAL DEPARTMENT. Section 1. The judicial power of the state shall be vested in the senate, sitting as a court of im- peachment, in a supreme court, district courts of appeal, superior courts, justices of the peace, and such inferior courts as the legislature may establish in any incorporated city or town, or city and county. oa 137 CONSTITUTION OF 1879. ACE VISES TD Section 1. The judicial power of the stateshall be vested in the senate sitting as a court of im- peachment, in a supreme court, superior courts, justices of the peace, end such inferior courts as the legislature may establish in any incorporated city or town, or city and county. JUDICIAL DEPARTMENT — Pre-constitutional courts.—The correctness of the proceedings of the courts exercising Civil jurisdiction in California be- tween the time of its acquisition by the United States and the establishment of a state government are not to be tested by the strict rules of the civil or common law. (Ryder v. Cohn, 37 Cal. 69.) Judicial power.—It is the inherent authority not only to decide but to make binding orders or judg- ments which constitutes judicial power. (People v. Hayne, 838 Cal. 111, 23 Pace. 1.) The legislature cannot enjoin upon a private per- sonthe duty of settling a bill of exceptions, nor require a judge to continue to discharge judicial duties af- ter his term of office has expired, though it may au- thorize him to settle such bill. (Leach v. Aitken, 91 Cal. 484, 28 Pac. 777.) The matter of the adoption of children is not part of the judicial power within the meaning of this sec- tion, and may, therefore, be conferred upon a judge as distinguished from the court. (In re Stevens, 83 AL hee, eek AC. oie.) A tribunal presided over by a police judge is a court. (Boys’ and Girls’ Aid Soc. v. Reis, 71 Cal. 627, 12 Pac. 796.) The legislature cannot confer jurisdiction of special cases upon a judge as distinguished from a court. (Spencer ete. Co. v. Vallejo, 48 Cal. 70.) An act creating supreme court commissioners to assist the court—which commissioners simply ex- amine the record and report to the court their con- clusions—is not unconstitutional as vesting judicial power in the commissioners. (People v. Hayne, 83 Capen, 23 Pac. 1.) Art. ¥.1;-3.1 CONSTITUTION OF 1879. 188 Inferior courts.—A freeholders’ charter is not a law within the meaning of this section, and, there- fore, an inferior court cannot be established by sueh charter. (People v. Toal, 85 Cal. 333, 24 Pac. 603; Miner vy. Justice’s Court, 121 Cal. 264, 53 Pac. .795; Ex parte Sparks, 120 Cal. 395, 52 Pac. 715.) This section limits the power of the legislature to the establishment of municipal and inferior courts within the limits of an incorporated city or town. (Hx parte Stratman, 39 Cal. 517.) The municipal criminal court of San Francisco is an inferior court within the meaning of this section. (Ex parte Stratman, 39 Cal. 517; People v. Nyland, 41 Cal. 129.) The police court of San Francisco was not abol- ished by the constitutional amendments in 1862. (People v. Provines, 34 Cal. 520.) The term “municipal courts” has a legal meaning and includes mayors’ and recorders’ courts. (Uridias »Vv. Morrill, 22° Cal. 473.) The legislature may vest in inferior courts jurisdic- tion of cases of which the courts established by the coustitution have jurisdiction. (Hickman y. O’Neal, 10 Cal. 292; Seale v. Mitchell, 5 Cal. 401; Vassault v. Austin, 36 Cal. 691; Curtis v. Richards, 9 Cal. 33.) The legislature may authorize a municipal court to send its process beyond the territorial limits of the municipality. (Hickman v. O’Neal, 10 Cal. 292. Meyer v. Kalkman, 6 Cal. 582, overruled.) Judges of the police court of San Francisco are not affected by the provisions of the County Goy- ernment Act, but derive their power from this sec- tfon and the act of 1893. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87; In re Mitchell, 120 Cal. 384, 52 Pac. 799. But see People v. Cobb, 21 Cal. Dec. 779.) An act creating police courts in cities having fif- teen thousand, and under eighteen thousand, inhabi- tants, not being in conformity with the general clas- sification of municipal corporations, is void. (Ex parte Giambonini, 117 Cal. 578, 49 Pac. 732.) An act creating a justice’s court for one particu- lar named town, and fixing its jurisdiction, is not authorized by this section. (Miner vy. Justice’s Court, 121 Cal. 264, 53 Pac. 795.) , 139 CONSTITUTION OF 1879. Art. VI, § 2 The late superior court of San Francisco was an inferior court, but its process ran outside of the city. (Chipman v. Bowman, 14 Cal 157; McCauley v. Ful- ton, 44 Cal. 355.) Sec. 2. The supreme court shall consist of a chief justice and six associate justices. The court may sit in departments and in bank, and shall always be open for the transaction of business. There shall be two departments, denominated, respectively, department one and department two. The chief justice shall assign three of the as- sociate justices to each department, and such as- signment may be changed by him from time to time. The associate justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves or as ordered by the chief justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions hereinafter contained in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except sucly as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank. The order may be made before or after judgment pronounced by a department; but where Art. VI, § 2 CONSTITUTION OF 1879. 140 a cause has been allotted to one of the depart- ments, and a judgment pronounced thereon, the order must be made within thirty days after such judgment, and concurred in by two associate justices, and if so made it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a case to be heard in bank. If the order be not made within the time above limited the judgment shall be final. No judg- ment by a department shall become final, until the expiration of the period of thirty days afore- said, unless approved by the chief justice, in writing, with the concurrence of two associate justices. The chief justice may convene the court in bank at any time, and shall be the presiding justice of the court when so convened. The concurrence of four justices present at the argument shall be necessary to pronounce a judg- ment in bank; but if four justices, so present, do not concur in.a judgment, then all the justices qualified to sit in the cause shall hear the argu- ment; but to render a judgment a concurrence of four judges shall be necessary. In the deter- mination of causes, all decisions of the court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated. The chief justice may sit in either department, and shall preside when so sitting, but the justices assigned to each department shall select one of 141 CONSTITUTION OF 1879. Art. VI,'§ 2 their number as presiding justice. In case of the absence of the chief justice from the place at which the court is held, or his inability to act, the associate justices shall select one of their own number to perform the duties and exercise the powers of the chief justice during such absence or inability to act. SUPREME COURT.—This section by implica- tion forbids the legislature to increase the number of justices of the supreme court. (People v. Wells, 2 Cal. 198, 610.) In the absence of any provision on the subject, all the judges composing the court must sit. (People v. Ah Chung, 5 Cal. 103; People v. Barbour, 9 Cal. 230.) The word “heard’ means the consideration and determination of a cause by the court. (Niles v. Ed- wards, 95 Cal. 41, 30 Pace. 184.) It is not necessary that four justices be physically present at an oral argument, nor that all of the jus- tices qualified to “sit”? shall literally “hear” an ar- gument; but whenever there is an oral argument, only the justices who were present at such argument are authorized to take part in the decision of the court. (Niles v. Edwards, 95 Cal. 41, 30 Pac. 184.) The fact that one of the judges who participated in a decision of the court did not hear the oral argu- ment does not render the judgment absolutely void. It is an irregularity which may be waived by the parties. (Blanc v. Bowman, 22 Cal. 23.) The constitution requires the concurrence of four judges to pronounce a judgment, and a mere failure to agree cannot have the effect, ipso facto, of an affirmance; and where the personnel of the court is soon to be changed, a motion to affirm the judgment on account of an equal division of opinion will be denied. (I.uco v. De Toro, 88 Cal. 26, 25 Pac. 983.) But where there is no probability of an immediate change in the personnel of the court, the judgment will be affirmed. (Frankel v. Deidesheimer, 93 Cal. Art. VI, §2 CONSTITUTION OF 1879. 142 73, 28 Pac. 794; Santa Rosa City R. R. Co. vy. Rail way Co., 112 Cal. 486, 44 Pac. 733.) Opinions.—The legislature cannot require the supreme court to give in writing reasons for its de- cisions. (Houston vy. Williams, 13 Cal. 24.) Rehearings.—In an original proceeding in the supreme court the proper practice is to move for a rehearing, and a motion for a new trial is not proper. (In re Philbrook, 108 Cal. 14, 40 Pac. 1061: Grangers’ Bank-v. San Francisco, 101 Cal. 198, 35 Pac. 642.) There is only one supreme court, and the juris- diction which is vested in it may be exercised either in bank or in department. The court in bank has power to correct an error in or modify a judgment rendered in a department, without application there- for, and without the case being argued in bank. (Niles v. Edwards, 95 Cal. 41, 30 Pac.. 134.) Although a petition for a rehearing by the court in bank is filed within thirty days after the judg- ment in department, if it does not reach the hands of the court until after the expiration of the period allowed by the constitution for ordering a rehear- ing, the petition must be denied, irrespective of its merits. (Durgin v. NeaJ, 82 Cal. 595, 23 Pac. 1338.) The provision of this section as to the granting of rehearings in bank after the decision by a de partment does not create an implication against the constitutional power of the court in bank to grant rehearings in cases determined by it in bank. (In re Jessup, 81 Cal. 408, 21 Pac. 976, 22 Pac. 742.) The supreme court, in bank, has power to grant reheatings by orders of the court entered upon its minutes, without the written signatures of five jus- tices, and the legislature cannot take that power away. (In re Jessup, 81 Cal. 408, 21 Pac. 976, 22 Pac. 742.) An order modifying a judgment is not rendered nugatory by reason of the failure of the clerk to enter it in the minutes until after the expiration of thirty days from the judgment in department. (Niles v. Edwards, 95 Cal. 41, 30 Pac. 1384.) 143 CONSTITUTION OF 1879. Art. VI, §3 Remittitur.—_The supreme court has no appellate jurisdiction over its own judgments. (Leese v. Clark, 20 Cal. 387.) Therefore, after the issuance of the remittitur, the court loses jurisdiction of the cause. (Blane v. Bow- man, 22 Cal. 23; Grogan yv. Ruckle, 1 Cal. 193; Mateer v. Brown, 1 Cal. 231;. Davidson v. Dallas, 15 Cal. . 75; Herrlich v. McDonald, 88 Cal. 505, 23 Pac. 710: In re Levinson, 108 Cal. 450, 41 Pac. 483, 42 Pac. 479; Martin v. Wagner, 124 Cal. 204, 56 Pac. 1023.) After the remittitur has been duly and regularly issued without inadvertence, the court has no power to recall it, except in a case of mistake, fraud, or imposition. (In re Levinson, 108 Cal. 450, 41 Pace. 483, 42 Pac. 479.) The mere pendency of a motion to modify the judgment is not sufficient ground for recalling the remittitur, when it was issued without inadvertence. ({Herrlich v. McDonald, 83 Cal. 505, 28 Pac. 710.) Nor is the fact that it was issued after the death of one of the parties ground for.recalling it. (Martin v. Wagner, 124 Cal. 204, 56 Pac. 1023.) But the remittitur may be recalled if issued by reason of fraud or imposition. (Trumpler v. Trump- ler, 128 Cal. 248, 55 Pac. 1008.) Sec. 3. The chief justice and the associate jus- tices shall be elected by the qualified electors of the state at large at the general state elections, at the times and places at which state officers are elected; and the term of office shall be twelve years, from and after the first Monday after the first day of January next succeeding their elec- tion; provided, that the six associate justices elected at the first election shall, at their first meeting, so classify themselves, by lot, that two of them shall go out of office at the end of four years, two of them at the end of eight years, and Art. VI, § 4 CONSTITUTION OF 1879. 144 two of them at the end of twelve years, and an entry of such classification shall be made in the minutes of the court in bank, signed by them, and a duplicate thereof shall be filed in the office of the secretary of state. If a vacancy occur in the office of a justice, the governor shall appoint a person to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election, and the justice so elected shall hold the office for the remainder of the unexpired _ term. The first election of the justices shall be at the first general election after the adoption and ratification of this constitution. JUSTICES.—Absence of a justice from the state is not such a vacancy as can be supplied by the exec- utive, and an act authorizing an appointment in sucb a case is unconstitutional. (People v. Wells, 2 Cal 198, 610.) Sec. 4. The supreme court shall have appellate Jurisdiction in all cases in equity, except such as arise in justices’ courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; ~ also, in cases of forcible entry and detainer, and in proceedings in insolvency, and in actions to prevent or abate a nuisance, and in all such pro- bate matters as may be provided by law; also, in Hennings Constitution p. 198. Sec. 4. [Art. VI] The supreme court shall have appellate jurisdiction on appeal from the superior courts in all cases in equity, except such as arise in justices”¢ourts; also, inalleases atlaw which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in ‘which the “demand, exclusive of interest, or the value of the property in controversy, amounts to two thousand dollars; also, in all such probate matters as may bé provided by law; also, on ques- tions of law alone, in all criminal cases where judg- ment of death has been rendered; the said court shall also have appellate jurisdiction in all cases, matters, and proceedings pending before a district court of appeal which shall be ordered by the su- preme court to be transferred to itself for hearing and decision, as hereinafter provided. The said court shall also have power to issue writs of man- damus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the com- plete exercise of its appellate jurisdiction. Hach of the justices shall have power to issue writs of habeas corpus to any part of the state, upon peti- tion by or on behalf of any person held in actual custody, and may make such writs returnable be- fore himself or the supreme court, or before any district court of appeal, or before any judge thereof, or before any Superior court in the state, or before any judge thereof. The state is hereby divided into three appellate districts, in each of which there shall be a district court of appeal consisting of three justices. The first district shall embrace the following counties: San Francisco, Marin, Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa Cruz, Monterey, and San Benito. The second district shall embrace the following counties: Tulare, Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego. The third district shall embrace the following counties: Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Piumas, Mendo- cino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, Amador, Cal- 1 averas Stanislaus, Mariposa, -Madera, Merced, Tuolumne, Alpine, and Mono. The supreme court, by orders entered in its min- utes, may from time to time remove one or more, counties from one appellate district to another, but no county not contiguous to another county of a district shall be added to such district. Said district courts of appeal shall hold their reg- ular sessions respectively at San Francisco, Los Angeles, and Sacramento, and they shall always be open for the transaction of business. The district courts of appeal shall have appellate jurisdiction on appeal from the superior courts in all cases at law in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars, and doesnot amount to two thousand dollars; also, in all cases of forcible.and unlawful entry and detainer (except such as arise in justices’ courts), in proceedings in insolvency, and in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari, and vrohibition, usurpation of office, contesting elections and eminent domain, and in such other special proceedings as may be provided by law (ex- cepting caseS in which appellate jurisdiction is given to the supreme court); also, on questions of law alone, in all criminal cases prosecuted by in- dictment or informf#tfon~in a court of record, ex- cepting criminal cases where judgment of death has been rendered. The said courts shall also have ap- pellate jurisdiction in all cases, matters, and pro- ceedings pending before the supreme court which shall be ordered by the supreme court to he trans- ferred to a district court of appeal for hearing and decision. The said courts shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of their appellate jurisdiction. Each of the justices thereof shall have power to issue writs of habeas corpus to any part of his appellate district upon petition by or on be- half of any person held in actual custody, and may make such writs returnable before himself or the district court of appeal of his district, or before any superior court within his district, or before any judge thereof, The supreme court shall have power to order any 12. cause pending before the supreme court to be heard and determined by a district court of appeal, and to order any cause pending before a district court of appeal to be heard and determined by the supreme court. The order last mentioned may be made be- fore judgment has been pronounced by a district court of appeal, or within thirty days after such - judgment shall have become final therein. The” judgments of the district courts of appeal shall be- come final therein upon the expiration of thirty days after the same shall have been pronounced. The supreme court shall have power to order causes pending before a district court of appeal for one district to be transferred to the district court of appeal of another district for hearing and decision. The justices of the district courts of appeal shall be elected by the qualified electors within their re- spective districts at the general state elections at the times and places at which justices of the su- preme court are elected. Their terms of office and salaries shall be the same as those of justices of the supreme court, and their salaries shall-be paid by the state. Upon the ratification by the people of this amendment the governor shall appoint nine persons to serve as justices of the district courts of appeal until the first Monday after the first day of January in the year 1907, provided, that not more than six of said pversons shall be members of the same political party. At the election in the year 1906 nine of such justices shall be elected as above provided, and the justices of each district court of appeal shall so classify themselves by lot that one of them shall go out of office at the end of four years, one of them at the end of eight years, and one of them at the end of twelve years; an entry of such classification shall be made in the minutes of the court, signed by the three justices thereof, and a duplicate thereof filed in the office of the secretary of state. If any vacancy occur in the office of a justice of the district courts of appeal, the governor shall appoint a person to hold office until the elec- tion and qualification of a justice to fill the vacan- cy; such election shall take vlace at the next suc- ceeding general state election as aforesaid; the justice then elected shall hold the office for the unexpired term. One of the justices of each of the district courts 3 of appeal shall be the presiding justice thereof, and as Such shall be appointed or elected as the case may be. The presence of three justices shall be necessary for the transaction of any business by such court, except such as may be done at cham- bers, and the concurrence of three justices shall be necessary to pronounce a judgment. Whenever any justice. of the supreme court is for any reason disyualified or unable to act in a cause pending before it, the remaining justices may select one of the justices of a district court of appeal to act pro tempore in the place of the justice so dis- qualified or unable to act. Whenever any justice of a district court of appeal is for any reason disqualified or unable to act in any cause pending before it, the supreme court may appoint a justice of the district court of appeal of another district, or a judge of a superior court who has not acted in the cause in the court below, to act pro tempore in the place of the justice so disqual- ified or unable to act. No appeal taken to the supreme court or to a district court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be proceeded with therein as if regularly appealed thereto. All statutes now in force allowing, providing for, or regulating appeals to the supreme court shall apply to appeals to the district courts of appeal so far as such statutes are not inconsistent with this article and until the legislature shall otherwise provide. The supreme court shall make and adopt rules not inconsistent with law for the government of the Supreme court and of the district courts of appeal and of the officers thereof, and for regulating the practice in said courts, 145 CONSTITUTION OF 1879. Art. VI, § 4 all criminal cases prosecuted by indictment, or information in a court of record on questions of law alone. The court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the su- preme court, or before any superior court in the state, or before any judge .thereof. JURISDICTION—In general.—The jurisdiction of the courts as established by the constitution cannot be altered by the legislature. (Thompson v. Will- iams, 6 Cal. 88; Hicks v. Bell, 3 Cal. 219; Burgoyne v. Supervisors. 5 Cal. 9; Parsons v. Tuolumne Co. Water Co., 5 Cal. 48; People v. Applegate, 5 Cal. 295; Fitzgerald vy. Urton, 4 Cal. 235; Wilson v. Roach, 4 Cal. 862; Zander v. Coe, 5 Cal. 230; Haight v. Gay, 8S Cal. 297; People v. Peralta, 3 Cal. 379; Caulfield v. Hudson, 3 Cal. 889. But see Seale v. Mitchell, 5 Cal. 401; People v. Day, 15 Cal. 91.) An affirmative grant of jurisdiction is negative of all others. (Burgoyne v. Supervisors, 5°Cal. 9.) But the grant of original jurisdiction to a partic- ular court, of a particular class of cases, without any words excluding other courts from exercising jurisdiction in the same cases, does not deprive other courts of concurrent jurisdiction in such cases, when such courts are given jurisdiction in general terms broad enough to include such particular cases. (Court- wright v. Bear River ete. Co., 30 Cal. 573. Zander v. Coe, 5 Cal. 230, distinguished.) Where jurisdiction is given in all cases not other- wise provided for it is not exclusive. (People v. Fow- ler, 9 Cal. 85.) Constitution—13 Art. VI, § 4 CONSTITUTION oF 1879. 146 Consent will not confer jurisdiction. (Feillett v. Engler, 8 Cal. 76.) Sevens court.—The supreme court acquired its jurisdiction from the constitution, and such jurisdic- ton can neither be enlarged nor abridged by the leg- islature. (In re Jessup, 81 Cal. 408; 21 Pac. 976, 22 Pac. 742; Ex parte Attorney General, 1 Cal. 85.) The constitution has not clothed the supreme court with the same powers and jurisdiction as the court of king’s bench in England. (Ex parte Attorney Gen- eral, 1 Cal. 85.) Procedure.—The right of appeal-is conferred by the constitution, and statutes and rules of procedure for its exercise are to be liberally construed; and no appeal will be dismissed on technical grounds, when there has been no violation or disregard of any express rules of procedure. (Hstate of Nelson, 123 Cal. 242, 60 Pac. %72.) The legislature cannot impair or take away the appellate jurisdiction of the supreme court, but it may prescribe the mode in which appeals may be taken. (Haight v. Gay, 8 Cal. 297.) It is the duty of the supreme court, whose juris- diction is defined by the constitution, to secure uni- formity in the administration of justice, and the leg- islature, aS a co-ordinate branch of the government, cannot interfere with that function, or control the use by the appellate court of the power and discre- tion vested in it. (San Jose R. Co. v. San Jose ete. Co., 126 Cal. 322, 58 Pac. 824.) The supreme court cannot exercise appellate juris- diction by means of a writ of prohibition, without any appeal, and in a case to which its appellate jurisdiction does not extend. (Powelson vy. Lock- wood, 82 Cal. 613, 28 Pac. 148.) When the constitution gives the supreme court jurisdiction, and the legislature fails to prescribe the means for taking the appeal, the supreme court has inherent power to establish any appropriate system of procedure. (People v. Jordan, 65 Cal. 644, 4 Pac. 683. But see Warner vy. Hall, 1 Cal. 90; Warner vy. Kelly, 1 Cal. 91; White v. Lighthall, 1 Cal. 347.) If the legislature has not provided a mode of ex- ercising the jurisdiction conferred by the constitu- ARTICLE VI, New Trial. Section 4%. No judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of tne opinion that the error complained of has resulted in a miscarriage of justice. (Adopted November 3, 1914.) 147 CONSTITUTION OF 1879. Art. VI, § 4 tion, a case may be brought up from an inferior court to the supreme court by writ of error. (Ex parte Thistleton, 52 Cal. 220; Adams Vv. Town, 3 Cal. 247.) _ The legislature may prescribe the procedure by which the jurisdiction conferred is to be exercised, provided the regulations adopted do not substantially impair the constitutional power of the court, or prac- tically defeat its exercise. (Hx parte Harker, 49 Cal. 465.) Cases at law.—The meaning of this section is that the supreme court shall have appellate jurisdiction in all cases at law; provided, that when the sub- ject of litigation is capable of pecuniary compensa- tion, the matter in dispute must exceed in value or amount the sum of three hundred dollars, unless a question of the legality of a tax, ete., is drawn in question. (Conant v. Conant, 10 Cal. 249.) Therefore, the supreme court has jurisdiction of a case where the matter in dispute is incapable of pecuniary estimation. (Conant v. Conant, 10 Cal. 249.) The words “matter in dispute’ mean the subject of litigation—the matter for which suit is brought— and do not include costs. (Dumphy v. Guindon, 13 Cal. 28; Maxfield v. Johnson, 30 Cal. 545; Zabriskie vy. Torrey, 20 Cal. 173; Votan v. Reese, 20 Cal. 89; Bolton v. Landers, 27 Cal. 106; Henigan v. Ervin, 110 Cal. 87, 42 Pac. 457. Contra, Gordon v. Ross, 2 Cal. 156, overruled.) But where the supreme court obtains jurisdiction of the appeal, it can correct the costs in the judg- ment. (Votan v. Reese, 20 Cal. 89.) Neither is percentage allowed by statute any part of the matter in dispute. (Zabriskie v. Torrey, 20 Cal. 173.) Under the former constitution, before the amend- ments of 1862, it was held that the interest due forms part of the matter in dispute. (Skillman v. Lachman, 23 Cal. 198; Malson v. Vaughn, 23 Cal. 61.) But under the amendment ‘of 1862 and under the present constitution the demand must exceed three hundred dollars, “exclusive of interest.” (Dashiell vy. Slingerland, 60 Cal. 653.) Art. VI, § 4 CONSTITUTION oF 1879. 148 In cases at law, when the demand in controversy, exclusive of interest, is less than three hundred dol- lars, the supreme court has no jurisdiction. (Sweet v. Tice, 45 Cal. 71; Votan v. Reese, 20 Cal. 89; Max- field v. Johnson, 30 Cal. 545; Honkine v. Cheeseman, 28 Cal. 180.) ~ The words ‘“‘eases atlaw.... which involve ..., the legality of any tax,” etc., refer to civil, as dis- tinguished from criminal, cases. (People v. Johnson, 30' Cal. 98.) The record must affirmatively show that the case involves the constitutional amount, or the supreme court will not entertain jurisdiction. (Doyle v. Sea- wall, 12 Cal. 280.) If the appeal is by the plaintiff, and the verdict for the defendant, it is sufficient if the amount claimed by the complaint exceeds the jurisdictional amount. (Votan v. Reese, 20 Cal. 89; Skillman vy. Lachman, ' 23 Cal. 198.) The ad damnum clause of the complaint is the test of jurisdiction of both the superior and supreme courts. and if the lower court had jurisdiction, the supreme court also has jurisdiction, whatever the amount recovered, and whether the appeal be taken by the plaintiff or the defendant. (Solomon y. Reese, 34 Cal. 28, overruling Votan v. Reese, 20 Cal. 89; Dashiell vy. Slingerland, 60 Cal. 6538; Lord v. Gold- berg, 81 Cal. 596, 22 Pac. 1126; Henigan v. Hrvin, 110 Cal. 37, 42 Pac. 457.) Where the plaintiff, having a judgment of more than the jurisdictional amount, sought to have a judgment against him for less than two hundred dollars set off against it, the supreme court has no jurisdiction of an appeal from an order denying the motion. (Crandall v. Blen, 15 Cal. 406.) The fact that an offset is pleaded by the defend- ant which, tegether with the demand of the plain- tiff, swells the amount to more than the jurisdic- tional amount, does not give the court jurisdiction. (Simmons v. Brainard, 14 Cal. 278.) The appellate jurisdiction of the supreme court ex- tends to an appeal from a judgment of a superior court dismissing a writ of certiorari, and affirming a judgment of a justice’s court, which amounts to less 149 CONSTITUTION OF 1879. Art. VI, § 4 than three hundred dollars. (Heinlen v. Phillips, 88 Cal. 557, 26 Pac. 366. Bienenfeld v. Fresno etc. Co., 82 Cal. 425, 22 Pac. 1113, overruled.) The supreme court has no jurisdiction of an ap- peal from the superior court in an action commenced in the justice’s court under section 1206 of the Civil Code, whether-the action be viewed as a suit in equity to enforce a lien upon personal property, or an action at law for wages due. (Edsall v. Short, 122 Cal. 5338, 55 Pac. 327.) The fact that the defendant in an action in a jus- tice’s court sets up a counterclaim in excess of three hundred dollars does not give the supreme court ju- risdiction on appeal. (Maxfield v. Johnson, 30 Cal. 545.) A proceeding in the nature of a quo warranto to try the title to a public office, where the court can impose a fine of five thousand dollars, is a case at law in which the demand amounts to three hundred dollars. (People v. Perry, 79 Cal. 105, 21 Pac. 428; People v. Bingham, 82 Cal. 238, 22 Pac. 1039.) Real property.—Where a case is certified to the superior court from the justice’s court on the ground that it involves the title or possession of real prop- erty, the supreme court has jurisdiction on appeal, although no question is raised on that subject on the appeal. (Baker vy. Southern Cal. Ry. Co., 110 Cal. 455, 42 Pac. 975.) A mere statement by counsel that a case involves the title or possession of real property is not sufficient to give the supreme court jurisdiction. (Raisch v. Sausalito Land ete. Co., 131 Cal. 215.) The supreme court has jurisdiction of an action for the usurpation of a franchise for a toll road, since the right to the possession of real property is involved. (People v. Horsley, 65 Cal. 381, 4 Pace. 384.) The supreme court has jurisdiction in actions for damages to real property, when the title thereto is involved, although the damages claimed are less than three hundred dollars. (Doherty v. Thayer, 31 Cal. 140.) Fines.—A fine imposed by a county court for wrong- fully demanding and collecting toll, is not a munici- pal fine. (People v. Johnson, 30 Cal. 98.) Art. VI, § 4 CONSTITUTION OF 1879. 150 On the trial of a criminal action for wrongfully collecting toll, the legality of the fine to be imposed in case of a conviction is not involved. (People vy. Johnson, 30 Cal. 98.) Special cases.—The supreme court has jurisdiction of an appeal from an order discharging an insolvent. (Wisk v. His Creditors, 12 Cal. 281.) An arbitration is a special proceeding. (Fairchild v. Doten, 42 Cal. 125.) A proceeding to condemn land for the use of a rail- road company is a ‘special case.” (Stockton ete. Os v. Galgiani, 49 Cal. 189.) Special orders.—The supreme court has Appellants jurisdiction of all special orders made after final judgment in the superior court, without reference to the amount involved. (Southern Cal. Ry. Co. v. Su- perior Court, 127 Cal. 417, 59 Pac. 789; Harron v. Harron, 123 Cal. 508, 56 Pac. 3384. Langan vy. Lan- gan, 83 Cal. 618, 23 Pac. 290, and Fairbanks v. Lamp- kin, 99 Cal. 429, 34 Pac. 101, overruled.) A special order after judgment, refusing to strike out a cost-bill in the superior court in a case ap- pealed from the justice’s court, is not appealable to the supreme court, although the cost-bill amounts to over three hundred dollars. (Henigan vy. Ervin, 110 Cal. 37, 42 Pac. 457.) An order for twenty-five dollars each month ali- mony, being a continuing order, may be reviewed upon appeal. (Langan yv. Langan, 86 Cal. 132, 24 Pac. 852. See Harron v. Harron, 128 Cal. 508, 56 Pac. 334.) Criminal cases.—The supreme court has jurisdic- tion in criminal cases upon questions of law alone. (People v. Logan, 123 Cal. 414, 56 Pac. 56; People v. Kuches, 120 Cal. 566; 52 Pac. 1002; People v. Small- man, 55 Cal. 185; People v. Williams, 21 Cal. Dec. 788.) The propriety of a conviction on the evidence be- comes a question of law only when there is a clear failure of: proof. (People v. Kuches, 120 Cai. 566, 52 Pac. 1002; People v. Smallman, 55 Cal. 185.) The supreme court has appellate jurisdiction of all misdemeanors prosecuted by indictment or informa- tion. (People v. Jordan, 65 Cal. 644, 4 Pac. 683, pre- scribing a method for taking such appeals.) 151 CONSTITUTION OF 1879. Art. VI, $4 Under the former constitution, the supreme court had no jurisdiction in criminal cases, except such as amount to felony. (People v. Apgar, 35 Cal. 389; People v. Johnson, 30 Cal. 98; People v. Shear, 7 Cal. 139; People v. Vick, 7 Cal. 165; People v. Applegate, 5 Cal. 295.) The supreme court has jurisdiction of an appeal from a judgment sustaining a demurrer to an indict- ment for misconduct in office. (People v. Kalloch, 60 Gals.113). The supreme court has jurisdiction of an appeal in a criminal case, although the lower court had no jurisdiction. (People v. Pingree, 61 Cal. 141.) The supreme court has no jurisdiction of an ap- peal from a judgment of a superior court, affirming a judgment of the police court, adjudging a defend- ant guilty of a misdemeanor, and imposing a fine of fifty dollars, it not being ‘‘a criminal case prose- cuted by indictment or information in a court of rec- ord.” (People v. Meiggs’ Wharf Co., 65 Cal. 99, 3 Pac. 491.) Under the former constitution the jurisdiction of the supreme court in criminal cases on defendant’s appeal was not to be determined by the offense charged, but by the offense of which the defendant was convicted. (People v. Apgar, 35 Cal. 389.) Probate.—_The supreme court has jurisdiction of only such appeals in probate matters as are provided by law. (Hstate of Walkerly, 94 Cal. 352, 29 Pac. 719; Estate of Ohm, 82 Cal. 160, 22 Pac. 927; Estate of Moore, 86 Cal. 58, 24 Pac. 816; Estate of Winslow, 128 Cal. 311, 60 Pac. 931; Estate of Wittmeier, 118 Cal. 255, 50 Pac. 393.) - An order compelling an administratrix to allow her name to be.used by a creditor of the estate is a pro- bate matter within the meaning of this section, and, not being one in which an appeal is provided by law, no appeal lies. (Hstate of Ohm, 82 Cal. 160, 22 Pac. 927.) | Divorce.—An action for divorce is a case in equity within the meaning of this section. (Sharon v. Shar- on, 67 Cal. 185, 7 Pac. 456, 8 Pac. 709; Cassidy v. Sul- livan, 64 Cal. 266, 28 Pac. 234.) Art, VI, § 4 CONSTITUTION OF 1879. 152 The supreme court has jurisdiction of an appeal in an action for divorce. (Conant v. Conant, 10 Cal. 249.) Liens.—Under the former constitution, prior to the amendments of 1862, the supreme court had no juris- diction of an action to foreclose a mortgage or mie- chanic’s lien when the amount involved did not ex- ceed two hundred dollars. (Poland vy. Carrigan, 20 Gal. 174.) Otherwise, since those amendments. (Wil- lis v. Farley, 24 Cal. 490, 499.) Writs.—The language of the present constitution giving the supreme court power to “issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the com- plete exercise of the appellate jurisdiction,” has the same meaning as the language in the former consti- tution giving it power to “issue writs of mandamus, certiorari, prohibition, habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction.” Thus construed, the section gives the court. original jurisdiction to issue the writs specially named. (Hyatt v. Allen, 54 Cal. 353.). The writ of prohibition mentioned in this section is the writ of prohibition as known to the common law, and its office is to restrain subordinate courts and in- ferior judicial tribunals from exceeding their juris- diction. (Maurer v. Mitchell, 53 Cal. 289.) The legislature cannot enlarge or extend the office of the writs: mentioned in this section. (Camron v. Kenfield, 57 Cal. 550; Farmers’ Union y. Thresher, 62 Cal. 407; Hobart v. Tillson, 66 Cal. 210, 5 Pae. 83.) In issuing writs of mandamus or other prerogative writs, the supreme court and the several superior courts are peers—each having original ‘jurisdiction; and a determination thereon by a superior court is conclusive upon the supreme court, except on ap- peal. (Santa Cruz etc. Co. v. Santa Clara, 62 Cal. 40.) The supreme court will not entertain an applica- tion for a writ of mandamus, or other prerogative writ, where the petition shows no sufficient reason why the application was not made to the superior 153 CONSTITUTION OF 1879. Art. VI, § 4 court. (Menzies v. Board of Equalization, 62 Cal. 179.) The supreme court has appellate jurisdiction in eases of mandamus. (Palache v. Hunt, 64 Cal. 473, 2 Pac. 245.) The supreme court has appellate jurisdiction in a proceeding in the nature of a quo warranto. (Peo- ple v. Perry, 79 Cal. 105, 21 Pac. 423.) The supreme court may exercise its appellate juris- diction by means of the writs mentioned in this sec- tion. (People v. Turner, 1 Cal. 143.) Mandamus is the proper remedy to compel the dis- trict court to restore an attorney whose name has been stricken from the rolls by the order of such court. (People v. Turner, 1 Cal. 143.) Prior to the amendment of 1862, the supreme court could issue writs of certiorari, ete., only in aid of its appellate jurisdiction. (Miliken vy. Huber, 21 Cal. A66; Ex parte Attorney General, 1 Cal. 85.) Under the amendment of 1862, the supreme Waar had jurisdiction to issue writs of mandamus, ete., without reference to its appellate jurisdiction. (Ty- ler v. Houghton, 25 Cal. 26; Miller v. Supervisors, 25 Cal. 93.) The district courts had jurisdiction to issue writs of mandate regardless of the amount involved. (Car- iaga v. Dryden, 30 Cal. 244.) The jurisdiction of the supreme court in cases of eertiorari does not depend upon the amount in contro- versy. (Winter v. Fitzpatrick, 35 Cal. 269.) The writ of certiorari can be rightfully issued only upon an order of the court, made upon application for that purpose, and not upon an order of the jus- tices of the court as such, or any of them. (Smith v. Oakland, 40 Cal. 481.) Miscellaneous.—The supreme court has no jurisdic- tion of an appeal from a judgment in a proceeding under section 772 of the Penal Code, for the remov- al of public officers. (In re Curtis, 108 Cal. 661, 41 Pac. 793; Wheeler v. Donnell, 110 Cal. 655, 48 Pace. iy 7 The supreme court has appellate jurisdiction of an appeal in a civil proceeding to remove an officer. (Morton v. Broderick, 118 Cal. 474, 50 Pac. 644.) Art. VI, §5 CONSTITUTION OF 1879. 154 The supreme court has no original jurisdiction to try the title to an office. (People vy. Harvey, 62 Cal. 508.) The supreme court has appellate jurisdiction of an election contest. (Lord v. Dunster, 79 Cal. 477, 21 Pac. 865.) The supreme court has no jurisdiction to natural- ize aliens. (Ex parte Knowles, 5 Cal. 300.) The supreme court has no jurisdiction of an appeal from a judgment of the district court upon appeal from the court of sessions. (Webb v. Hanson, 3 Cal. 65.) ' Sec. 5. The superior court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in contro- versy, amounts to three hundred dollars, and in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for; of actions of forcible entry and detainer; of pro- ceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate; of divorce and for annulment of marriage, and of all such special cases and proceedings as are not otherwise provided for. And said court shall have the power of naturalization, and to issue papers therefor. ‘They shall have appellate juris- diction in such cases arising in justices’ and other inferior courts in their respective counties as may be prescribed by law. They shall be always open Const.: Art. VI, Sec. 4%. Setting aside judgment in criminal cases. Section 4% [new]. No judgment shall be set aside, or new trial granted in any criminal case on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice. [New section adopted October 10, 1911.] Const.: Art. VI, Sec. 5. Jurisdiction of superior court. Section 5. The superior court shall have original jurisdiction in all cases in equity and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property. in controversy amounts to three hundred dollars, and in all criminal cases amounting to felony, and cases of misdemeanor not other- wise provided for; of actions of forcible entry and detainer; of pro- ceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate; of divorce and for annulment of mar- riage; and of all such special cases and proceedings as are not otherwise provided for, and said courts shall have the power of naturalization, and to issue papers therefor. They shall have appel- late jurisdiction in such cases arising [in inferior] courts in their respective counties aS may be prescribed by law. They shall be always open (legal holidays and non-judicial days excepted), and their process shal] extend to all parts of the state; provided, that all actions for the recovery of the possession_of, quieting the title to, or for the enforcement of liens upon real estate, ‘shall be be commenced in the county in which the real estate, or any part thereof, affected by such action or actions, is situated. Said courts, and their judges, shall have power to issue writs of man- damus, certiorari, prohibition, quo warranto, and habeas corpus, on petition by or on behalf of any person in actual custody, in their respective counties. Injunctions and writs of prohibition may be issued and served on legal holidays and non-judicial days. [Amendment adopted October 10, 1911.] 155 CONSTITUTION OF 1879. BtutViiso (legal holidays and nonjudicial days excepted), and their process shall extend to all parts of the state; provided, that all actions for the recovery / of the possession of, quieting the title to, or for the enforcement of liens upon real estate, “shall be commenced in the county in which the real | estate, or any part thereof affected by such action or actions, is situated. Said courts, and their™ judges, shall have power to issue writs of man- damus, certiorari, prohibition, quo warranto, and habeas corpus, on petition by or on behalf of any person in actual custody in their respective coun- ties. Injunctions and writs of prohibition may be issued and served on legal holidays and non- judicial days. JURISDICTION OF SUPERIOR COURT —In general.—The superior court is a court of general jurisdiction. (Bishop v. Superior Court, 87 Cal. 226, 25 Pac. 485; Campe v. Lassen, 67 Cal. 139, 7 Pac. 430.) Its jurisdiction is conferred by the constitution, and cannot be taken away by the legislature. (Tulare v. Hevren, 126 Cal. 226, 58 Pac. 530.) This section was intended to be prospective only in its operation, and does not apply to actions pend- ing when the constitution went into effect. (Gurnee v. Superior Court, 58 Cal. 88; Watt v. Wright, 66 Cal. 20205 “Pace 91.) This section does not prohibit the legislature from allowing judicial business to be transacted on a legal holiday or nonjudicial day. (People v. Soto, 65 Cal. 621, 4 Pac. 664.) As to jurisdiction in general, sce note to last sec- tion. Cases at law.—The ad damnum clause of the com- plaint determines the jurisdiction of the superior court. (Dashiell v. Slingerland, 60 Cal. 6538; Jackson Art. VI, §5 CONSTITUTION OF 1879. 156 v. Whartenby, 5 Cal. 94; Maxfield v. Johnson, 30 Cal. 345; Greenbaum y. Martinez, 86 Cal. 459, 25 Pac. 12; Bailey v. Sloan, 65 Cal. 387, 4 Pac. 349; Derby v. Stevens, 64 Cal. 287, 30 Pace. 820; Rodley y. Curry, 120 Cal: 541, 52 Pace. 999; Tulare v. Hevren, 126 Cal. 226, 58 Pac. 530.) . The “demand” spoken of in this section is a de- mand for judgment, evidenced by the prayer of the complaint, and a statement of facts which can uphold the judgment prayed for. (Derby v. Stevens, 64 Cal. 287, 30 Pac. 820, arguendo.) The jurisdiction depends upon the amount de- manded in good faith in the complaint. (Jackson vy. Whartenby, 5 Cal. 94, arguendo.) In an action for conversion, where the value of the property sued for and the money expended in pur- suit of it exceed three hundred dollars, the superior court has jurisdiction, although, separately consid- ered, neither of them is equal to that sum. (Green- baum v. Martinez, 86 Cal. 459, 25 Pac. 412.) The superior court has no jurisdiction of a counter- claim, under subdivision 2 of section 438 of the Code of Civil Procedure, for less than three hundred dol- lars, where it is not pleaded as a defense, but merely as a ground for affirmative relief. (Griswold v. Pieratt, 110 Cal. 259, 42 Pace. 820.) A counterclaim for less than three hundred dollars may be pleaded in an action in the superior court by way of defense, but no affirmative judgment can be rendered thereon. (Freeman y. Seitz, 126 Cal. 291, 58 Pac. 690.) An action for less than the constitutional amount does not confer jurisdiction. (Page v. Ellis, 9 Cal. 248.) But where the amount sued for exceeds the juris- dictional amount, the court has jurisdiction, although the amount recovered is less than that sum. (Solo- mon vy. Reese, 34 Cal. 28; Pennybecker v. McDougal, 48 Cal. 160.) Costs are to be excluded in determining the juris- dictional amount. (Bradley v. Kent, 22 Cal. 169.) The interest due is also to be excluded. (Arnold v. Van Brunt, 4 Cal. 89.) 157 CONSTITUTION OF 1879. Art. VIS5 This rule applies to compound as well as to simple interest. (Christian v. Superior Court, 122 Cal. 117, 54 Pace. 518.) But a penalty of fifty per cent. on the amount of principal and interest due on a promissory note, pro- vided for in the note in case of a suit thereon, is to be included in determining the jurisdictional amount. (Reed v. Bernal; 40 Cal. 628.) Also an attorney’s fee provided for in a note. (De Jarnatt v. Marquez, 132 Cal. 700.) An action to recover funds in the hands of a re- ceiver is an action at law. (Garniss v. Superior Court, 88 Cal. 413, 26 Pac. 351.) The superior court has jurisdiction of an action to recover money, although the amount claimed in each count is less than three hundred dollars, when the aggregate amount sued for exceeds that sum. (Bailey v. Sloan, 65 Cal. 887, 4 Pac. 349; Ventura County v. Clay, 114 Cal. 242, 46 Pac. 9.) The superior court has jurisdiction to enjoin an ac- tion in the justice’s court for the price of goods sold, when the defendant has a counterclaim for breach of warranty of the goods in excess of the jurisdiction of the justice’s court, and has brought an action for damages in the superior court. (Gregory v. Diggs, 113 Cal. 196, 45 Pac. 261.) The superior court has no jurisdiction of an action to recover from one or more stockholders their sev- eral shares of a debt of a corporation, where the amount demanded from each is less than three hun- dred dollars, although the entire amount exceeds that sum. (Derby v. Stevens, 64 Cal. 287, 30 Pace. 820; Hyman vy. Coleman, 82 Cal. 650, 23 Pac. 62.) The superior court has no jurisdiction of an action upon separate and distinct promises of several de- fendants, contained in one instrument, to pay respec- tively sums less than three hundred dollars. (Thomas vy. Anderson, 58 Cal. 99.) An action to recover unpaid taxes is not a case in equity. but an action at law; and where the amount is less than three hundred dollars, the court has no jurisdiction; but an action to foreclose a lien for taxes is a case in equity, of which the superior court has jurisdiction regardless of the amount. (People vy. Constitution—14 Art. VI, §5 CONSTITUTION OF 1879. 158 Mier, 24 Cal. 61: Bell v. Crippen, 28 Cal. 327; People v. Olvera, 48 Cal. 492.) Cases in equity.—The legislature cannot take away the equity jurisdiction conferred by the constitution. (Rosenberg v. Frank, 58 Cal. 387.) But the constitutional grant of jurisdiction in all cases in equity was not intended as a limitation up- on the power of the legislature to regulate the rights of persons; and the legislature may create new rights, under which new cases in equity may arise, or cause some rights to cease to exist, so that certain cases which courts of equity once entertained can no long- er arise. (Spreckels v. Hawaiian Com. etc. Co., 117 Gal. 377, 49 Pace. 353.) The grant of jurisdiction in all cases in equity con- fers the same jurisdiction as that formerly exercised by a court of chancery. (Sanford v. Head, 5 Cal. 297.) The superior court has jurisdiction of an action for an accounting between mortgagor and mortgagee, al- though the property is out of the state. (Peninsular ete. Co. v. Pacific etc. Co., 128 Cal. 689, 56 Pac. 604.) Where an action in equity involves matters of pro- bate jurisdiction, but no objection to the mode of exercising the jurisdiction is made in the trial court, it will be treated upon appeal as within the equity jurisdiction. (Simons v. Bedell, 122 Cal. 341, 55 Pac. 3.) An action against a county for less than three hundred dollars, claimed as compensation for services rendered by the plaintiff as a member of the county board of education, is not a. suit in equity, and the superior court has no jurisdiction of it. (Wright y. Del Norte County, 115 Gal. 464, 47 Pac. 258.) The same superior court has jurisdiction both in equity and in matters of probate; and in an action in equity for an accounting against the executor of a deceased administrator, it may administer full and entire relief according to the principles of equity, and also in accordance with the statutes with reference to matters of probate. (Pennie v. Roach, 94 Cal. 515, 29 Pac. 956.) A court of equity has jurisdiction of an action to recover. property intentionally and fraudulently con- cealed by a guardian from the court and the ward. (Lataillade v. Orena, 91 Cal. 565, 27 Pac. 924.) 159 CONSTITUTION OF 1879. Art. VI, §5 The superior court cannot enjoin the execution of a mandate of the supreme court. (Quan Wo Chung v. Laumeister, 83 Cal. 384, 23 Pac. 320.) An action to annul an ordinance of the board of supervisors fixing water rates is within the equita- ble jurisdiction of the superior court. (Spring Val- ley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) _ The superior court, as a court of equity, has power in proper cases to hear and determine questions relat- ing to the rights and duties of executors and benefici- aries under wills which have been admitted to pro- bate. (Williams v. Williams, 73 Cal. 99, 14 Pac. 394.) The superior court has jurisdiction of a suit in eq- uity against the administrator of a deceased person, for the specific performance of a contract for the sale and purchase of lands. (Hall v. Rice, 64 Cal. 443, 1 Pac. 891.) The district courts had power to appoint receivers in “cases where receivers had theretofore been ap- pointed by the usages of the courts of equity.” (Bateman y. Superior Court, 54 Cal. 285; La Societe Francaise v. District Court, 53 Cal. 495.) In this state, the jurisdiction of courts of equity over questions of title to real estate has no existence. (Ritchie v. Dorland, 6 Cal. 33.) Under the general grant of jurisdiction in all cases in equity, the court may issue writs of mandamus, certiorari, prohibition, and habeas corpus. (Perry v. Ames, 26 Cal. 372.) An action to abate a nuisance is a ease in equity. {People v. Moore, 29 Cal. 427; Courtwright v. Bear River ete. Co., 30 Cal. 573; Yolo County v. Sacramen- to, 36 Cal. 193.) In Rosenberg v. Frank, 58 Cal. 387, it was held that the corresponding section of the constitution of 1849 conferred upon the district courts the same ju- risdiction in equity as that administered by the high court of chancery in England, including the power to construe a will after it has been admitted to probate. But, under the present constitution, it is held that the power to construe a will is vested exclusively in the superior court sitting as a court of probate. (Toland y. Har], 129 Cal. 148, 61 Pac. 914.) Art. VI, §5 CONSTITUTION OF 1879. 160 Conceding that the superior court has jurisdiction of an action to construe a will, it is not bound to entertain such an action, and should not do so, ex- cept in a case where there is some special reason for seeking its interpretation. (Siddall v. Harrison, 73 Galy560,..15.. Pae..la0.) Under the former constitution it was held that an action in equity to compel an administrator to account would lie, although his account had been set- tled by the probate court. (Clarke v. Perry, 5 Cal. 58.) Probate.—Prior to the organization of the state, there was no such a thing as the probate of a will; and the probate court has no jurisdiction to probate a will executed prior to that time by the death of the testator. (Grimes vy. Norris, 6 Cal. 621; Coppinger v. Rice, 38 Cal. 408; Castro v. Castro, 6 Cal. 158.) The courts of first instance, between the acquisi- tion of California by the United States and the pas- sage of the probate act, had jurisdiction in matters of probate. (Ryder v. Cohn, 37 Cal. 69.) The estates of deceased persons in this state, who died prior to the passage of the Probate Act of 1850, and subsequent to the organization of the state, can be administered on in accordance with the probate act. (People v. Senter, 28 Cal. 502.) The probate court is a court of limited and in- ferior jurisdiction. (Grimes v. Norris, 6 Cal. 621; Clarke v. Perry, 5 Cal. 58; Smith v. Andrews, 6 Cal. 652: Smith v. Westerfield, 88 Cal. 374, 26 Pac. 206.) No distinet “court of probate’ has been created or recognized by the constitution. (In re Burton, 93 Cal. 459, 29 Pac. 36.) The superior court, when sitting as a court of probate, has power to hear and determine all ques- tions of law and fact, the determination of which is ancillary to a proper judgment in such case. (In re Burton, 93 Cal. 459, 29 Pac. 36.) The jurisdiction of the superior court over probate matters is conferred by the constitution, and it is not a statutory tribunal when sitting in probate. (Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210) ar 161 CONSTITUTION OF 1879. Art. VI, §5 The former constitution did not confer on the probate court jurisdiction of all matters relating to the estates of deceased persons, but of such mat- ters only as the statutes direct it to exercise juris- diction over. (Bush v. Lindsey, 44 Cal. 121.) Probate courts have no jurisdiction to enforce a trust by compelling an administrator to convey prop- erty by him held in trust. (Haverstick v. Trudel, 51 Cal. 481.) The probate court has no jurisdiction to compel an attorney of an executrix to return a fee paid him by her. (Tomsky v. Superior Court, 131 Cal. 620.) The probate courts have not exclusive jurisdiction in cases of guardianship of minors. (Wilson Vv. Roach, 4 Cal. 362.) The district courts had the same control over the persons of minors, as well as their estates, that the court of chancery in England possesses. (Wilson v. Roach, 4.Cal. 362.) ; Neither the probate court, nor the superior court, when exercising probate jurisdiction, has power to set aside a decree. of distribution on the ground of fraud, after the time mentioned in section 473 of the Code of Civil Procedure. (Estate of Hudson, 63 Cal. 454.) The jurisdiction of the probate courts over the estates of deceased persons did not divest the district courts of their general jurisdiction as courts of chan- cery over actions for a settlement of the affairs of a partnership. (Griggs v. Clark, 23 Cal. 427.) Where the executors named in the will are also appointed trustees to control and manage the residue of the estate and to distribute it among certain bene- ficiaries, a court of equitv has no jurisdiction of a bill to enforce an accounting of the trust estate, pending administration of the estate in the probate court. (Dougherty v. Bartlett, 100 Cal. 496, 35 Pac. 431.) The probate court cannot decide an adverse claim to property asked to be set aside as a homestead. (Estate of Kimberly. 97 Cal. 281, 32 Pac. 234.) The superior court sitting as a court of probate may examine into the title to parcels of real estate, for the purpose of selecting a homestead, but has Art. VE, §5 CONSTITUTION OF 1879. 162 no jurisdiction to determine the title as between ad- verse claimants. (Estate of Burton, 64 Cal. 428, 1 Paes 02.) In probate proceedings the court has jurisdiction of the claims of assignees of the heir, but its ju- risdiction does not extend to claims‘ of an equitable nature against the legal owner, or, in other words, to trusts. (More v. More, 22 Cal. Dec. 196.) The probate court has no jurisdiction to settle the accounts of a deceased guardian. (In re Allgier, 65 Cal. 228, 3 Pac. 849.) The probate court has no jurisdiction to determine whether or not certain property in the possession of the executor belongs to the estate or is held by him in some other capacity. (In re Haas, 97 Cal. 232, 31 Pae. 893.) Sections 1458 to 1461 of the Code of Civil Procedure do not provide for a proceeding involving title to property of which the probate court has no jurisdic- tion. (Levy v. Superior Court, 105 Cal. 600, 38 Pac. 965.) Where property is devised, exonerated of the mort- gage thereon, the probate court has jurisdiction to compel the executor to pay the mortgage debt from the assets of the estate. (In re Heydenfeldt, 106 Cal. 434, 39 Pac. 788.) The probate court has inherent power to order the distributee to return to the executors the property distributed, when the decree of distribution is re- versed upon appeal. (Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210.) Under the former constitution it was held that the jurisdiction of the probate court over testa- mentary and probate matters was not exclusive. The district court might take jurisdiction of the settle- ment of an estate when there were peculiar circum- stances of embarrassment, and when the assuming jurisdiction would prevent waste, delay, and expense, and thus conclude, by one action and decree, a pro- tracted litigation. (Deck v. Gerke, 12 Cal. 433.) The probate court has exclusive jurisdiction of the following matters: Matters relating to the proof of wills (Castro v. Richardson, 18 Cal. 478); probate of wills, granting of letters, allowance of claims, 163 CONSTITUTION OF 1879. Art. VI, §5 settlement of accounts (In re Bowen, 34 Cal. 682); to adjust and enforce a claim for expenses of adminis- tration (Gurnee vy. Maloney, 38 Cal. 85); to compel an executor to account, and to distribute the estate (Auguisola v. Arnaz, 51 Cal. 485); to construe a will (Toland v. Earl, 129 Cal. 148); to determine who is entitled to distribution (Simons v. Bedell, 122 Cal. 341, 55 Pac. 3); to determine whether an attorney for ab- sent or minor heirs shall be appointed, and to fix the amount of his compensation (Dougherty v. Bartlett, 100 Cal. 496, 35 Pac. 431). The superior court, when sitting as a court of probate, has exclusive jurisdiction of the distribution of an estate, and is not bound by an adjudication by the same court, when sitting as a court of equity, as to the interest of an heir or devisee, where such interest was merely incidentally involved. (Estate of Freud, 22 Cal. Dec. 571.) An action will not lie to recover from an executrix rents received by her after the settlement of her aceount. although she neglected to account for the same. (Washington v. Black, 83 Cal. 290, 23 Pac. 300.) A court of equity has no power to establish a will, even though the will has been lost or destroyed, or has been fraudulently suppressed, and the relief is asked against a person who destroyed the will and is one of the witnesses necessary to prove its con- tents. (McDaniel v. Pattison, 98 Cal. 86, 832 Pac. 805.) In an action of ejectment, the superior court has no power to set aside the land sought to be recovered as a homestead. This can only be done by the superior court sitting as a court of probate. (Rich- ards v. Wetmore, 66 Cal. 365, 5 Pac. 620.) Under the former constitution, the district courts had power to decide issues of fact joined in the probate court and certified to the district courts. This provision, however, did not give such courts any appellate jurisdiction from the probate courts. (Reed v. McCormick, 4 Cal. 342.) An act providing for the transfer to the district courts of issues of fact already decided by the probate court is void as conferring appellate jurisdiction upon the district courts, which under the constitution they cannot exercise. (Deck v. Gerke, 6 Cal. 666.) Art. VI, §5 CONSTITUTION OF 1879. 164 Since the amendment in 1862, district courts have -no jurisdiction to try issues arising in the probate courts. (In re Bowen, 34 Cal. 682; Matter of Tom- linson, 35 Cal. 509.) The probate court is not bound by a decision by the district court as to a fact certified to that court for decision. (Pond v. Pond, 10 Cal. 495.) The probate court had jurisdiction to try, and de- termine issues of fact arising in proceedings before it, and was only required to certify the issue to the district court when the evidence was conflicting, etc. (Keller v. Franklin, 5 Cal. 482.) Divorce.—In a suit for divorce and a partition of the property acquired during coverture, the jurisdic- tion of the court does not depend upon the amount involved. (Deuprez v. Deuprez, 5 Cal. 387.) Insolvency.—The act creating the bank commission- ers did not deprive the superior court of its power to hear and determine matters of insolvency. (People v. Superior Court, 100 Cal. 105, 34 Pac. 492.) The legislature may pass an insolvency law while a United States bankruptcy law is in force, but its operation will be suspended until the repeal of the federal law. (Lewis v. County Clerk, 55 Cal. 604; Seattle Coal ete. Co. v. Thomas, 57 Cal. 197; Boede- feld v. Reed, 55 Cal. 299.) Since the new constitution proceedings in insol- vency are no longer special cases. (People v. Ros- borough, 29 Cal. 415.) The mere fact that jurisdiction in cases of insol- vency is vested in the court does not prevent the legislature from authorizing the judge to make an order in chambers directing the clerk to give no- tice to creditors. (Flint v. Wilson, 36 Cal. 24.) Tax, etc.—The term “assessment” as used in this section does not include assessments made by a pri- vate corporation upon its stockholders, but refers to such assessments as are authorized in relation to revenue and taxation, and such as may be made under the authority of a municipal or other corpo- ration to meet the cost of a public improvement. (Arrovo Ditch ete. Co. v. Superior Court, 92 Cal. 47, 28 Pac. 54.) 165 CONSTITUTION OF 1879. Art: VI, $3 A forfeiture for issuing a certificate of relief in violation of section 596 of the Political Code is not a municipal fine, or a tax, impost, toll, or assessment. (Thomas v. Justice’s Court, 80 Cal. 40, 22 Pac. 80.) An action against an assessor to recover dam- ages for a wrongful and fraudulent assessment made by him does not involve “the legality of a tax.” (Perkins v. Ralls, 71 Cal. 87, 11 Pac. 860.) A proceeding to modify the grade of a street is a special one, and not a case at law involving the legality of an assessment. (Appeal of Houghton, 42 Cal. 35.) A license fee or charge for the transaction of any business is a tax. (Santa Barbara v. Stearns, 51 Cal. 499.) An action to recover a sum exacted by a toll gath- erer, greater than he is permitted by law to col- lect, does not involve the legality of a toll. (Brown v. Rice, 52 Cal. 489.) Special proceedings.—The county courts only had jurisdiction in such special eases as the legislature should determine. (Matter of Marks, 45 Cal. 199.) A grant of jurisdiction in such special cases as the legislature may prescribe does not confer exclusive jurisdiction in special cases. (O’Callaghan y. Booth, 6 Cal. 63; Harper v. Freelon, 6 Cal. 76.) As to whether the legislature may confer jurisdic- tion of special cases upon courts not established by the constitution, see Spencer Creek Water Co. v. Vallejo, 48 Cal. 70." The legislature cannot confer jurisdiction in “‘spe- cial cases” upon a judge. (Spencer Creek Water Co. v. Vallejo, 48 Cal. 70.) Special cases are cases created by statute and the proceedings under which are unknown to the gen- eral framework of the courts of common law and equity. (Parsons v. Tuolomne Co. Water Co., 5 Cal. 43; People v. Day, 15 Cal. 91; People v. Kern Co., 45 Cal. 679.) An action to prevent or abate a nuisance is not a special case. (Parsons v. Tuolumne Co. Water Co., 5 Cal. 43.) Writs of mandate are not special cases. (People v. Kern Co., 45 Cal. 679.) * Art. VI, §5 CONSTITUTION OF 1879. . 166. The incorporation of towns is not a special case. (People v. Nevada, 6 Cal. 148.) The following matters are special cases within the meaning of the constitution: Cases of insolvency (Harper v. Freelon, 6 Cal. 76); election contests (Dor- sey v. Barry, 24 Cal. 449; Saunders v. Haynes, 13 Cal. 145); the examination of claims for public lands (Ricks v. Reed, 19 Cal. 551); proceedings to enforce mechanics’ liens (McNiel v. Borland, 23 Cal. 144, distinguishing Brock v. Bruce, 5 Cal. 279); proceed- ings for the condemnation of water (Spencer Creek Water Co. v. Vallejo, 48 Cal. 70); proceedings un- der sections 312 and 3815 of the Civil Code (Wicker- sham vy. Brittan, 93 Cal. 34, 28 Pac. 792, 29 Pac. 51); proceedings to condemn land (Bishop y. Superior Court, 87 Cal. 226, 25 Pac. 435). Real property.—The idea intended to be embodied in the phrase, “cases at law which involve the title or possession of real property,” may be expressed by the paraphrase: Cases at law in which the title or possession of real property is a material fact in the case, upon which the plaintiff relies for a recov- ery or the defendant for a defense. (Holman vy. Tay- lor, 81 Cal. 338; Copertini v. Oppermann, 76 Cal. 181, 18 Pace. 256.) When the title to real property is involved, the amount sued for is not material in determining the jurisdiction. (Cullen vy. Langridge, 17 Cal. 67; Hol- man vy. Taylor, 81 Cal. 338.) It is not enough that the possession is a fact in controversy, or incidentally in question, or that the fact of possession is in issue; but the right of posses- sion must be involved. (Pollock v. Cummings, 38 Cal. 683; Cornett v. Bishop, 39 Cal. 319.) An action to recover one-half the value of a par- tition fence involves the title to real property. (Hol- man vy. Taylor, 31 Cal. 338.) An action brought in a justice’s court against a railroad company by an owner of adjoining land, to recover for the killing of a colt alleged to have strayed upon the track by reason of the insufficiency of a division fence, necessarily involves the title to such land, although the answer raises no issue as to such ownership. (Boyd v. Southern Cal. Ry. Co., 126 Cal. 571, 58 Pac. 1046.) 167 CONSTITUTION OF 1879. Art. VI, § 5 An action to foreclose a vendor’s lien upon prem- ises contracted to be sold is an action for the en- forcement of a lien upon real estate within the pro- visions of this section. (Southern Pac. R. R. Co. v. Pixley, 108 Cal. 118, 37 Pac. 194.) An action by a vendee to a contract for the sale of land to recover a part payment made on the pur- chase price, because of a defect in the title of the vendor, involves the title to real property. (Copertini v. Oppermann, 76 Cal. 181, 18 Pac. 256.) Where an action involving the title or possession of real property is brought in the justice’s court, and the defendant appeals to the superior court, which renders judgment in favor of the plaintiff, the de- fendant may appeal to the supreme court. (Hart v. Carnall-Hopkins Co., 101 Cal. 160, 35 Pac. 633; Santa Barbara v. Eldred, 95 Oal. 378, 30 Pac. 562.) Where an action to recover less than three hundred dollars is transferred from the justice’s court to the superior court on the ground that it involves the title to real estate, and the plaintiff afterward amends his complaint and asks for damages to certain lands, the superior court has no jurisdiction of the action, as it does not appear that the action involves the title to real estate. (Gorton v. Ferdinando, 64 Cai. Tae iP ae941)) Place of trial.—_The proviso in this section is man- datory. (Fresno Nat. Bank v. Superior Court, 83 Cal. 491, 24 Pac. 157.) The superior court has no jurisdiction of an action to enforce a lien upon real property situated in an- other county. (Urton v. Woolsey, 87 Cal. 88, 25 ~ Pac. 154.) This section has no application to an action for the settlement of a trust in relation to real and per- sonal property, and such an action is not required to be brought in the county where the real property is situated. (Le Breton v. Superior Court, 66 Gal. aft, Pac. (TT. If an action to quiet title to real estate is brought outside of the county in which the land is situated, the court has. no jurisdiction, and such lack of ju- risdiction cannot be waived. (Fritts v. Camp, 94 Cal. ovo, 20 Lac, 867.) oes Art. VI, §5 CONSTITUTION OF 1879. 168 The creating of a new county does not affect an action pending in the superior court affecting real property in such new county. (Tolman y. Smith, 85 Cal. 280, 24 Pac. 743.) : This section does not provide that the actions re-. ferred to must be tried, but simply that they must be commenced in the county in which the land is- situated. (Hancock y. Burton, 61 Cal. 70.) Writs.—The legislature has no pawer to enlarge the office of the writs mentioned in this section. (Camron v.. Kenfield, 57 Cal. 550; Farmers’ Union v. Thresher, 62 Cal. 407.) The superior court May issue a writ of mandamus to run out of the county, or to be executed out of the county in which the court is held. (Kings County v. Johnson, 104 Cal. 198, 37 Pac. 870.) If the provisions of this section reviving the writ of quo warranto repealed by implication the pro- visions of the code for an action against persons who usurp offices or franchises, it made little difference, as the power under a writ of quo warranto is quite as broad as under the statute. (People vy. Dashaway Assn., 84 Cal. 114, 24 Pac. 277.) The county court had no jurisdiction to issue the writ of certiorari, except in aid of its appellate ju- risdiction. (Wilcox v. Oakland, 49 Cal. 29.) Criminal cases.—The superior court has jurisdic- tion of an offense punishable by imprisonment and fine, which may exceed one thousand dollars. (Hx parte Neustadt, 82 Cal. 273, 23 Pac. 124.) Where the legislature confers upon police courts jurisdiction of certain misdemeanors, such jurisdic- tion is exclusive, and the superior court has no jurisdiction of such misdemeanors. (Green v. Su- perior Court, 78 Cal. 556, 21 Pac. 307, 541; People v. Joselyn, 80 Cal. 544, 22 Pac. 217; People v. Lawrence, 82 Cal. 182, 22 Pac. 1120; Ex parte Wallingford, 60 Cal. 103; Gafford v. Bush, 60 Cal. 149.) If a defendant is charged with a felony of which the superior court has jurisdiction, he may be con- victed of a lesser offense involved in such felony, al- though such lesser offense is not one of which the superior court is given jurisdiction. (Hx parte Dona- hue, 65 Cal. 474.) 169 CONSTITUTION OF 1879. Art. Vi, 83 A néwly created county has jurisdiction of a de- fendant charged with the commission of an offense prior to the creation of the county, upon territory within its boundaries; and a prosecution pending in the old county is no bar to the prosecution, if dis- missed before the commencement of the prosecution in the new, and before jeopardy has attached. (Peo- ple v. Stokes, 103 Cal. 193, 87 Pac. 207.) Appellate jurisdiction.—The superior court has ap- pellate jurisdiction only to the extent and in the mode which the legislature may prescribe. (Sherer v. Superior Court, 94 Cal. 354, 29 Pac. 716.) The constitution gives the superior court no ap- pellate jurisdiction, but the legislature is permitted to give it such appellate jurisdiction as it may see fit. (Wells vy. Torrance, 119 Cal. 437, 51 Pac. 626.) By reason of the provisions of section 11, article 22, of the constitution, the superior court had juris- diction of appeals from justices’ courts before the legislature acted upon the subject. (California etc. Co. v. Superior Court, 60 Cal. 305.) The superior courts only have jurisdiction of ap- peals from justices’ courts in their respective coun- ties, and therefore, after an appeal, the action can- not be transferred to another county for trial, al- though the defendant resides in’ another county. (Gross v. Superior Court, 71 Cal. 382; Luco v. Superior Court, 71 Cal. 555.) The superior court has no jurisdiction of an appeal from an order of a justice’s court, directing the judgment debtor to apply certain property in Satis- faction of the judgment. (Wells v. Torrance, 119 Cal. 437, 51 Pac. 626.) Upon an appeal from a judgment of the justice’s court vacating a former judgment, the superior court cannot affirm such former judgment, but, if it was erroneously set aside, it should reverse such judg- ment and order a new trial. (Sherer v. Superior Oourt, 94 Cal. 354, 29 Pac. 716.) Although the county court was authorized to try cases on appeal de novo, such a trial was not an ex- ercise of original jurisdiction. (Townsend vy. Brooks, 5 Cal. 52.) Constitution—15 ATi Vi; “8G CONSTITUTION OF 1879, 170 Where a case is appealed to the superior court | on questions of both law and fact, the superior court acquires jurisdiction of the cause, although it was not originally within the jurisdiction of the justice’s court. (De Jarnatt v. Marquez, 132 Cal. 700; Hart v. Carnall-Hopkins Co., 103 Cal.° 132, 37 Pace. 196. But see Ballerino v. Bigelow, 90 Cal. 500, 27 Pac. 372.) A judgment on appeal from a judgment of a jus- tice’s court, in which the amount is in excess of the jurisdiction of the justice, is not void, but merely erroneous. (Moore v. Martin, 38 Cal. 428.) A judgment of a county court upon appeal for the sum of three hundred dollars is void, and will be annulled upon certiorari. (Will v. Sinkwitz, 39 Cal. 570.) As to whether the provision of the constitution of 1849 giving the county courts appellate. jurisdiction in cases arising in inferior courts is self-executing, see People v. Nyland, 41 Cal. 129. Forcible entry and detainer.—The words “forci- ble entry and detainer” include not only forcible en- try and forcible detainer, but also unlawful detainer after the termination of or contrary to the terms of the lease. (Caulfield v. Stevens, 28 Cal. 118.) Miscellaneous.—The county courts have common- law jurisdiction and may admit foreigners to citizen- ship. (In re Conner, 39 Cal. 98.) Granting to county judges power to issue injunc- tions does not trench upon the jurisdiction of the district courts. (Thompson v. Williams, 6 Cal. 88.) An act providing for the confirmation of the or- ganization and bonds of irrigation districts is not unconstitutional because it authorizes the court to determine the rights of the parties in advance of any controversy as to such rights. (Cullen v. Glendora ete. Co., 118 Cal. 503, 39 Pac. 769, 45 Pac. 822, 1047.) Sec. 6. There shall be in each of the organized counties, or cities and counties of the state, a superior court, for each of which at least one judge shall be elected by the qualified electors of 171 CONSTITUTION OF 1879. Art. VI, §6 the county, or city and county, at the general state election; provided, that until otherwise or- dered by the legislature, only one judge shall be elected for the counties of Yuba and Sutter, and that in the city and county of San Francisco there shall be elected twelve judges of the superior court, any one or more of whom may hold court. There may be as many sessions of said court, at the same time, as there are judges thereof. The said judges shall choose from their own number a presiding judge, who may be removed at their pleasure. He shall distribute the business of the court‘among the judges thereof, and prescribe the order of business. The judgments, orders, and proceedings of any session of the superior court, held by any one or more of the judges of said courts, respectively, shall be equally effectual as if all the judges of said respective courts pre- sided at such session. In each of the counties of Sacramento, San Joaquin, Los Angeles, Sono- ma, Santa Clara, and Alameda, there shall be elected two such judges. The term of office of judges of the superior courts shall be six years from and after the first Monday of January, next succeeding their election; provided, that the twelve judges of the superior court, elected in the city and county of San Francisco at the first election held under this constitution, shall, at their first meeting, so classify themselves, by lot, that four of them shall go out of office at the Art. VI, §6 CONSTITUTION OF 1879. 172 end of two years, and four of them shall go out. of office at the end of four years, and four of them shall go out of office at the end of six years, and an entry of such classification shall be made in the minutes of the court, signed by them, and a duplicate thereof filed in the office of the sec- retary of state. The first election of judges of the superior courts shall take place at the first general election held after the adoption and rati- fication of this constitution. If a vacancy occur in the office of judge of a superior court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election, and the judge so elected shall hold office for the remain- der of the unexpired term. SUPERIOR JUDGES.—There is only one superior court in the city and county of San Francisco. (Brown v. Campbell, 110 Cal. 644, 43 Pac. 900.) There is no probate court of the city and county of San Francisco, and there is no law authorizing the designation of any one department of said court for probate jurisdiction; but each of the twelve judges has jurisdiction in probate matters. (In re Pearsons, 1138 Cal. 577, 45: Pac. 849.) The legislature may fix the commencement of the term of a county judge as well as the time of elec- tion, but cannot fix the term. (People v. Rosborough, 14 Cal. 180.) Though by the terms of this section the term of office of the superior judges appears to be exclusive of the first Monday in January after their election, yet this provision is controlled by section 20, article 20, making the terms of all officers elected under the constitution commence on the first Monday af- 173 CONSTITUTION OF 1879. Art. VI, § 7 ter the first day of January next following their elec- tion. (Merced Bank vy. Rosenthal, 99 Cal. 39, 31 Pac. 849, 338 Pac. 7382.) A judge elected under an act creating an addi- tional judge holds for six years. (People v. Water- man, 86 Cal. 27, 24 Pac. 807.) Under this section the commencement of the first regular full term of every newly created superior ‘judgeship commences on the first Monday in January [first Monday after the first day of January] after the next ensuing general election, and the legislature has no pewer to extend the provisional term of of- fice of a newly created judge beyond such date. (Peo- ple v. Markham, 104 Cal. 232, 37 Pac. 918.) The legislature may provide for the appointment of a judge of a newly created court to hold until the next election. (Brodie v. Campbell, 17 Cal. 11.) A district judge, elected on the occasion of a va- cancy in the office caused by the resignation of the incumbent, holds, not merely for the unexpired term, but for the full six years. (People v. Burbank, 12 Cal. 378.) A person elected judge of the district court is en- litled to hold for six years, and it is not necessary that all district judges should be elected, or that their terms should expire, at the same time. (People v. Weller, 11 Cal. 17.) Where, after the appointment of a judge to fill a vacancy caused by the death of the incumbent, the legislature passed an act reducing the number of judges of such county, and providing that the act should go into effect immediately in case of a va- ceancy in the term prior to January 1, 1897, the act did not go into effect by reason of the election of a judge to fill the unexpired term. (Church y. Col- gan, 117 Cal. 685,,50 Pac. 12.) Sec. 7. In any county, or city and county, other than the city and county of San Francisco, in which there shall be more than one judge of the superior court, the judges of such court may hold as many sessions of said.court at the same & Art. VI, §§ 8,9 CONSTITUTION oF 1879, 174 time as there are judges thereof, and shall appor- tion the business among themselves as equally as may be. yeh SESSIONS.— The rule is the same in the city and - county of San Francisco, except that the business of the court is apportioned by the presiding judge. (See section 6 of this article.) Sec. 8. A judge of any superior court may hold a superior court in any county, at the request of a judge of the superior court thereof, and upon the request of the governor it shall be his duty so to do. But a cause in a superior court may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant or their attorneys of record, ap- proved by the court, and sworn to try the cause. JUDGE OF ONE COUNTY SITTING IN AN- OTHER.—Where a judge of one county acts in an- other, it must be presumed that he was properly re- quested to do so. (In re Corralitos etc. Co., 130 Cal. 570, 62 Fac. 1076.) Under the constitution of 1849 it was held that the legislature might authorize a judge of one dis- trict to sit and act in another district, although no express provision was made in the constitution on the subject. (People v. McCauley, 1 Cal. 379.) A statute authorizing a county judge of one county to hold court for the county judge of another county is valid. (People v. Mellon, 40 Cal. 648.) See. 9. The legislature shall have no power to grant leave of absence to any judicial officer; and any such officer who shall absent himseif from the state for more than sixty consecutive. days shall be deemed to have forfeited his office. Const.: Art. VI, Sec. 8. Superior courts; who may try causes. Section 8. A judge of any superior court may hold a superior court in any county, at the request of a judge of the superior court ‘thereof, and upon the request of the governor it shall be his duty so to do. But a cause in the superior court may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant or their.attorneys of [record, and] sworn to try the cause [and the person so selected shall be empow- ered to act in such capacity in all further proceedings in any suit or proceedings tried before him until the final determination thereof. There may be as many sessions of a superior court at the same time as there are judges thereof, including any judge or judges acting upon request, or any judge or judges pro tempore. The judgments, orders, acts and proceedings of any session of any superior court held by one or more judges acting upon request, or judge or judges pro tempore, shall be equally effective as if the judge or all of the judges of such court presided at such session.] [Amendment adopted November 8, 1910.] Hennings Constitution D: 226. . see)10. [Art VI] Justices of the supreme court, and of the district courts of appeal, and judges of the superior courts may be removed by concurrent resolution of both houses of the legislature adopted by a two-thirds vote of each house. All other judi- cial officers, except justices of the peace, may be removed by the senate on the recommendation of the So0vernor; but no removal shall be made by virtue of this section unless the Cause thereof be entered on the journal, nor unless the party com- plained of has peen served with a copy of the com- plaint against him and shall have had an oppor- tunity of being heard in his defense. On the ques- tion of removal the ayes and noes shall be entered on the journal. Const.: Art. VI, Sec. 11. i . i o establish. ike tecisiatare shall determine the number Con inferior courts in] incorporated citles for] towns, [a nchine counties], or cities and counties, ldetloes that lation thereof and the number of judges or jus the ; a 2 1 fix by law the powers, duties and responsibilities o ete ot te aap and of the judges or justices Seen ee j h powers shall not in any case, trench upon the jur aiene Be vic everal courts of record, except that [the legislature nena: id Eat said courts] shall have concurrent {Oreo oe fee Beste courts in cases of forcible entry and Se eer G Berita value does not exceed twenty-five dollars per vee here the whole amount of damages claimed does not oes i dred dollars, and in cases to enforce and foreclose cna oe Sal property ‘when neither the amount of liens nor ee ae ie property amounts to three hundred dollars. {Amendment adopted October 10, 1911.] 175 CONSTITUTION OF 1879. Art. VI, §§ 10, 11 The legislature of the state may at any time, two-thirds of the members of the senate and two- thirds of the members of the assembly voting therefor, increase or diminish the number of judges of the superior court in any county, or city and county, in the state; provided, that no such reduction shall affect any judge who has been elected. Sec. 10. Justices of the supreme court, and judges of the superior courts, may be removed by concurrent resolution of both houses of the legislature, adopted by a two-thirds vote of each house. All other judicial officers, except justices of the peace, may be removed by the senate on the recommendation of the governor, but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journal, nor unless the party complained of has been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the journal. Sec. 11. The legislature shall determine the number of justices of the peace to be elected in townships, incorporated cities and towns, or cities and counties, and shall fix by law the powers, ’ duties, and responsibilities of justices of the peace ; provided, such powers shall not in any case trench upon the jurisdiction of the several courts of Art. VI,§11 cONSTITUTION oF 1879. 176 record, except that said justices shall have con- current jurisdiction with the superior courts in cases of forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and where the whole amount of dam- ages claimed does not exceed two hundred dollars, and in cases to enforce and foreclose liens on per- sonal property when neither the amount of the liens nor the value of the property amounts to three hundred dollars. JUSTICES OF THE PEACE—Creation of.—A jus- tice’s court cannot be created by a freeholders’ char- ter. (People y. Toal, 85 Cal. 333, 24 Pac. 603; Peo- ple v. Sands, 102 Cal. 12, 36 Pac. 404; Milner y. Reibenstein, 85 Cal. 593, 24 Pac. 985; Ex parte Reilly, 85 Cal. 682, 24 Pac. 807; Ex parte Giambonini, 117 Cal. 573, 49 Pac. 7382.) The laws relating to this portion of the judicial system need not be uniform throughout the state. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87.) The justice’s court of Berkeley was not superseded by the constitution. (Hx parte Armstrong, 84 Cal. 655, 24 Pac. 598.) The provision of the County Government Act au- thorizing the supervisors to appoint a justice of the peace to fill a vacancy is not in conflict with this section making them elective. (People v. Chaves, 122 Cal. 134, 54 Pac. 596.) Justices of the peace are judicial officers and must be elected at the general election. (McGrew vy. Mayor ete. of San Jose, 55 Cal. 611.) : Justices of the peace are neither city nor county officers, but form part of the judicial system of the state. (People v. Cobb, 21 Cal. Dec. 779; Kahn y. Sutro, 114 Cal. 316, 46 Pac. 87.) Jurisdiction.—A justice’s court is a court of lim- ited and inferior jurisdiction, and its jurisdiction must be shown affirmatively by a party relying upon or claiming any right or title under its judgments. 177 CONSTITUTION OF 1879. Art. VI, § 11 (Eltzroth v. Ryan, 89 Cal. 135, 26 Pac. 647; Jones y. Justice’s Court, 97 Cal. 523, 32 Pac. 575; Keybers ry. McComber, 67 Cal. 395, 7 Pac. 838.) There can be no concurrent jurisdiction of any special proceeding other than the two mentioned in this section. (Edsall v. Short, 122 Cal. 533, 55 Pac. 327.) No power can be conferred upon justices of the peace which has been by the constitution conferred upon other courts. (Zander vy. Coe, 5 Cal. 230; Small vy. Gwinn, 6 Cal. 447.) But where the jurisdiction conferred by the con- stitution is not exclusive, the same may be con- ferred upon justices’ courts. (People v. Fowler, 9 Cal. 85.) Where the justice of the peace has no jurisdiction, the judgment should be reversed and the cause dis- missed. (Ford v. Smith, 5 Cal. 331.) It has been held that an appeal to the superior court upon questions of law and fact does not en- large the jurisdiction of the justice’s court, or con- fer jurisdiction upon the superior court, if the jus- tice’s court had no jurisdiction. (Ballerino y. Bigelow, 90 Cal. 500. But see De Jarnatt v. Marquez, 1382 ©Oal. 700; Hart vy. Carnall-Hopkins Co., 103 Cal. 132, She ae. CLOG. ) Where the verified answer in an action in a police court discloses that the action involves the legality of a tax, but, notwithstanding, the court proceeds with the case, and an appeal is taken to the superior court on questions of law and fact, the superior court acquires jurisdiction—not appellate, but origi- nal. (Santa Barbara v. Eldred, 95 Cal. 378, 30 Pac. 562.) ; Cases at law.—A justice’s court has no jurisdiction of an action upon a promissory note, where the amount of the principal sum and attorneys’ fees de- manded exceeds three hundred dollars. (De Jarnatt v. Marquez, 127 Oal. 558, 60 Pac. 45.) The justice’s court has jurisdiction of an action upon a money demand of less than three hundred dollars for improving a street under a private con- tract, where there is nothing in the pleadings to show that the action involves the title or possession of Art. VI, § 11 CONSTITUTION OF 1879. 178 real estate. (Raisch v. Sausalito ete. Co., 131 Cal. 215.) Where several suits to recover the same property, the value of which is less than three hundred dol- lars, are consolidated, the justice’s court has juris- diction of the action as cousolidated. (Cariaga v. Dryden, 29 Cal. 307.) ; In an action for the recovery of specific property in a justice’s court, the standard of jurisdiction is “the value of the property,” and it would seem that the justice’s jurisdiction for the incidental damages for detention is unlimited; and at all events, the de- mand for damages cannot oust the justice of juris- diction, if the value of the property is less than three hundred dollars. (Astell v. Phillippi, 55 Cal. 265; Wratten v. Wilson, 22 Cal. 465.) A justice’s court has no jurisdiction of an action for the recovery of property alleged to exceed three hundred dollars in value, although the complaint prays judgment for a less sum in case possession can- not be had. (Shealor v. Superior Court, 70 Cal. 564, 11 Pac. 653.) A justice’s court has no jurisdiction of a counter- claim exceeding the jurisdictional amount. (Malson ts Vaughn, 23 Cal. 61; Maxfield v. Johnson, 30 Cal. 545.) The justice’s court has jurisdiction of an action for the recovery of property of the value of two hun- dred and fifty dollars and fifty dollars damages, where the plaintiff only prays for two hundred and ninety-nine dollars, since both the value of the prop- erty and the demand are less than three hundred dollars. (Sanborn vy. Superior Court, 60 Cal. 425.) Forcible entry and detainer.—The words ‘‘forci- ble entry and detainer”’ include unlawful detainer after the expiration of the term. (Caulfield v. Stev- ens, 28 Cal. 118; Brummagim. v. Spencer, 29 Cal. 661; Mecham vy. McKay, 387 Cal. 154; Norblett v. Yarwell, 38 Cal. 155; Stoppelkamp v. Manugeot, 42 Cal. 316.) The actual rental value, and not the value alleged in the complaint, is the test of jurisdiction. (Ballerino v. Bigelow, 90 Cal. 500, 27 Pac. 372.) 179 CONSTITUTION OF 1879. Art Vii $18 The justice’s court has no jurisdiction of an action of unlawful detainer, when the amount of rent due - is one hundred and twenty dollars, and the plaintiff asks to have it trebled, or of any such case when the amount of the rent when trebled exceeds two hundred dollars. (Hoban y. Ryan, 130 Cal. 96, 62 Pac. 296.) Real property.—Where the proceedings do not show on their face that the title or possession of real prop- erty is involved, but only that it may contingently become involved, the justice has jurisdiction to try the case, unless it appears that the predicted contin- gency actually occurred during the trial. (Hart v. Carnall-Hopkins Co., 103 Cal. 182, 87 Pac. 196.) Where a case involving the title or possession of real property is appealed from the justice’s court on questions of law and fact, the superior court has jurisdiction to determine the case, and an appeal may be taken to the supreme court in the same man- ner as if the action had been originally brought in the superior court, or had been transferred to it by the justice. (Hart vy. Carnall-Hopkins Co., 103 Cal. 182, 387 Pac. 196.) A complaint to recover a sum paid upon a con- tract to locate the plaintiff on certain government land does not necessarily involve the title or posses- sion of real property. (Hart v. Carnall-Hopkins Co., 103 Cal. 132, 37 Pac. 196.) A justice of the peace has no jurisdiction to try a cause for an injury arising out of a diversion of water. (Hill v. Newman, 5 Cal. 445.) If the defendant’s verified answer raises a ques- tion of title to real property, the cause must be trans- ferred. (Doherty v. Thayer, 31 Cal. 140.) An action for trespass on real property is within the jurisdiction of a justice of the peace, when the damages sued for are less than three hundred dol- lars. (Pollock v. Cummings, 38 Cal. 683.) Fines, etc.—Av act requiring actions to recover a penalty imposed upon a railroad company, for charg- ing a passenger an excess of fare,, to be brought in the justice’s court, is valid. (Reed v. Omnibus R. R. Co., 83 Cal. 212; Smith v. Omnibus R. R. Co., 36 Cal. 281.) Art. VI, §§ 12,13 consTITUTION OF 1879. 180 The justice’s court has jurisdiction of an action to recover two hundred dollars for a forfeiture for issuing a certificate of relief in violation of section 596 of the Political Code, the same being a penalty given by statute, and not a municipal fine. (Thomas v. Justice’s Court, 80 Cal. 40, 22 Pac. 80.) If, in an action to recover a money judgment for taxes, an answer is filed which puts in issue the legality of the tax, the justice of the peace is ousted of jurisdiction. (People v. Mier, 24 Cal. 61.) Miscellaneous.—A statute conferring equitable ju- risdiction upon justices’ courts is unconstitutional. (Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 538 Cal. 48.) The county court had jurisdiction to try an indict- ment for misdemeanor, the jurisdiction of the justice of the peace being exclusive as to misdemeanors where no indictments had been found. (Ex parte McCarthy, 53 Cal. 412.) Sec. 12. The supreme court, the superior courts, and such other courts as the legislature shall prescribe, shall be courts of record. Sec. 13. The legislature shall fix by law the jurisdiction of any inferior courts which may be — established in pursuance of section one of this article, and shall fix by law the powers, duties, and responsibilities of the judges thereof. INFERIOR COURTS.—The jurisdiction, powers, duties, and responsibilities of inferior courts cannot be fixed by a freeholders’ charter. (People vy. Toal, 85 Cal. 333, 24 Pac. 603; Ex parte Reilly, 85 Cal. 632, 24 Pac. 807; People v. Sands, 102 Cal. 12, 36 Pac. 404; Milner v. Reibenstein, 85 Cal. 593, 24 Pac. 935; Ex parte Giambonini, 117 Cal. 573, 49 Pace. 732.) The municipal superior court of San Francisco had no authority to issue writs of quo warranto, it being an inferior court, and the jurisdiction not being ex- Hennings Constitution p. 230. Sec. 12. [Art. VI] The supreme court, the dis- trict courts of appeal, the superior courts, and such other courts as the legislature shall prescribe, shall be courts.of-record. Const.: Art. VI, Sec. 14. Clerks of courts; court commissioners. Section [14. The] county clerks shall be ex officio clerks of the courts of record in and for their respective counties or cities and counties. The legislature may also provide for the appointment, by the several superior courts, of one or more commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the judges of the superior courts, to take depositions, and to perform such other business connected with the administration of justice as may be prescribed by law. {Amendment adopted October 10, 1911.] Gonst.: Art. VI, Sec. 15. Fees. ist Section 15. No judicial officer, [except court] commissioners, -shall receive to his own use any fees or perquisites of office [pro- vided, that justices of the peace now holding office shall receive to their own use such fees as are now allowed by law during the terms for which they have been elected]. [Amendment adopted October 10, 1911.] 181 CONSTITUTION OF 1879. Art. VI, §§ 14,15 pressly conferred by statute. (People v. Gillespie, 1 Cal. 342.) As to the jurisdiction of the recorder’s court, see Ex parte Soto, 88 Cal. 624, 26 Pac. 530. The legislature may create a recorder’s court with a dual jurisdiction—being a recorder as to some mat- ters, and a justice of the peace as to others. (Prince v. Fresno, 88 Cal. 407, 26 Pac. 606.) The act of 1889, creating the police court of the city and county of San Francisco, held constitutional. (Ex parte Lloyd, 78 Cal. 421, 20 Pac. 872.) Sec. 14. The legislature shall provide for the election of a clerk of the supreme court and shall fix by law his duties and compensation, which compensation shall not be increased or diminished during the term for which he shall have been elected. The county clerks shall be ex officia clerks of the courts of record in and for their re- spective counties, or cities and counties. The legislature may also provide for the appointment, by the several superior courts, of one or more commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the judges of the superior courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law. Sec. 15. No judicial officer, except justices of the peace and court commissioners, shall receive to his own use any fees or perquisites of office. FEES OF JUDICIAL OFFICERS.—The words “justices of the peace” as used in this section include those, by whatever name they are called, who are Constitution—16 \ Art. VI, §§ 16,17 constTiruTIon oF 1879. 182 invested with the duties assigned by the law to those officers, and include a recorder of a city. (Curtis vy. ‘Sacramento, 13 Cal. 290.) Sec. 16. The legislature shall provide for the speedy publication of such opinions of the su- preme court as it may deem expedient, and all opinions shall be free for publication by any per- son. nas Sec. 17. The justices of the supreme court and judges of the superior court shall severally, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished after their election, nor during the term for which they shall have been elected. The salaries of the justices of the supreme court shall be paid by ‘the state. One-half of the salary of each superior court judge shall be paid by the state; the other half thereof shall be paid by the county for which he is elected. During the term of the first judges elected under this constitution, the annual salar- ies of the justices of the supreme court shall be ‘six thousand dollars each. Until otherwise changed by the legislature, the superior court judges shall receive an annual salary of three thousand dollars each, payable monthly, except the judges of the city and county of San Fran- cisco, and the counties of Alameda, San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter com- enoenar Cons A on che legislature shall Provil’ ec. 16. : : : such opin a the speedy publication of su of appeal supreme a: supreme court cae pee a be free for publica , istrict court and of Be eel expedient, and all tion by any person. Hennings Constitution p. 232. Sec. 17. [Art. VI] 'The justices of the supreme court and of the district courts of appeal, and the judges of the superior court Shall severally, at stated times during their continuance in office, re- ceive for their services such compensation as is or shall be provided by law, which shall not be in- creased or diminished after their election, nor dur- ing the term for which they shall have been elected. The salaries of the justices of the Supreme court and of the district courts of appeal shall be paid by the state. One half of the salary of each supe- rior court judge shall be paid by the state; the other half thereof shall be paid by the county for which he is elected. Hennings Constitution p. 233. Sec. 18. [Art. VI] The justices of the supreme court, and of the district courts of appeal, and the judges of the superior courts shall be ineligible to any other office or public employment than a judi- cial office or employment during the term for which they shall have been elected. 183 - CONSTITUTION OF 1879. Art. VI, §§ 18, 19 bined, Sacramento, Butte, Nevada, and Sonoma, which shall receive four thousand dollars each. SALARIES OF JUDICIAL OFFICERS.—This pro- vision does not exempt judges from the necessity of an appropriation for their salaries by the legislature. (Myers y. English, 9 Cal. 341.) Sec. 18. The justices of the supreme court and judges of the superior courts shall be ineligible to any other office or public employment than a ju- dicial office or employment during the term for which they shall have been elected. Sec. 19. Judges shall not charge juries with respect to matters of fact, but may state the tes- timony and declare the law. INSTRUCTIONS.—A mere statement of the evi- dence is not in violation of this section. (People v. Christensen, 85 Cal. 568, 24 Pac. 888.) It is error for the judge to state his impressions of the substance and effect of the testimony without stating its contents, and to tell the jury that other witnesses corroborate certain statements of the pros- ecuting witness. (People v. Gordon, 88 Cal. 422, 26 Pac. 502.) An instruction that ‘‘the testimony in the case shows” certain facts is violative of this section. (Peo- ple v. Casey, 65 Cal. 260.) A charge which assumes as proven a fact in issue is erroneous. (Caldwell v. Center, 30 Cal. 539; Peo- ple v. Dick, 32 Cal. 213.) As to the effect of this provision on section 2061 of the Code of Civil Procedure, see People v. Paulsell, 115 Cal. 6, 14, 46 Pac. 734. Improper instructions.—The following particular instructions have been held to violate this section: An instruction that possession of property recently stolen is a strong circumstance of guilt (People v. Art. VI,§19 | CONSTITUTION oF 1879. 184 Cline, 74 Cal. 575, 16 Pac. 391; People v. Titherington, 59 Cal. 598; People v. Ah Sing, 59 Cal. 400); an instruc- tion that the recent possession of stolen goods raises a presumption thatthe possessor is the thief(Peoplev. Gutierrez, 74 Cal. 81, 15 Pac. 444; People v. Mitchell, 55 Cal. 236); an instruction that the flight of. the de- fendant is strong presumptive evidence of his guilt (People v. Wong Ah Ngow, 54 Cal. 151); a charge as to the relative value of direct and circumstantial evidence (People v. Vereneseneckockockhoff, 129 Cal. 497, 58 Pac. 156, 62 Pac. 111; People v. O’Brien, 130 Cal. 1, 62 Pac. 297); an instruction that “it may be impossible to show or establish a motive, for the rea- son that we cannot fathom the mind of the accused on trial, and ascertain if there is not a hidden de- sire of vengeance or some passion to be gratified” (People v. Vereneseneckockockhoff, 129 Cal. 497, 58 Pac. 156, 62 Pac. 111; People vy. Botkin, 1382 Oal/ Zs); an instruction that certain facts are proper to be tak- en into consideration by the jury. as throwing doubt upon a certain controverted fact (People vy. Lee, 119 Cal. 84, 51 Pac. 22); an instruction that if the jury are satisfied that an attempt to commit rape was made, the evidence must also satisfy them that it was accomplished, and that in the opinion of the judge upon the evidence there could be no conviction of an attempt (People v. Baldwin, 117 Cal. 244, 49 Pac. 186); an instruction that if the prosecutrix com- mitted lewd and immodest acts, she was not of chaste character (People vy. Samonset, 97 Cal. 448, 32 Pac. 520); an instruction that the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with ecau- tion (People v. O’Brien, 96 Cal. 171, 31 Pac. 45); an instruction that, if the testimony is believed, it would undoubtedly make out a case of murder in the first degree. and that it tended to show that the murder was willful (People v. Chew Sing Wing, 88 Cal. 268, 25 Pac. 1099); an instruction that the testimony of the prosecuting witness not being disputed, the jury were bound to presume it to. be true, where there is a conflict as to the facts testified to by such witness (People v. Murray, 86 Cal. 31, 24 Pac. 802); an in- struction virtually assuming the testimony of a party 185 CONSTITUTION OF 1879. Art. VI, § 20 to a material fact to be true (Vulicevich vy. Skinner, 77 Cal. 239, 19 Pac. 424); an instruction that unless the dam had gates sufficient for certain named pur- poses, it was insufficiently and negligently con- structed (Weiderkind v. Tuolumne County Water Co., 65 Cai. 481, 4 Pac. 415). Proper instructions.—On the other hand, the fol- lowing instructions have been held not to violate this provision: An instruction that the jury may con- sider the circumstance that the defendant fled from arrest (People v. Ross, 115 Cal. 233, 46 Pac. 1059); an instruction that there is no evidence which would re- duce the crime charged to manslaughter (People v. King, 27 Cal. 507); an instruction that there was evi- dence tending to show that the watch was taken near the door, and that the defendant testified that he picked it up near the counter (People v. Perry, 65 Cal. 568, 4 Pac. 572); an instruction that possession of stolen goods soon after they were stolen, unless sat- isfactorily explained, is a circumstance to be consid- ered in connection with other suspicious facts, in de- termining the guilt of the defendant (People v. Han- non, 85 Cal. 374, 24 Pac. 706); an instruction that the jury might consider the relation of the defendant to the case in considering his testimony, the conse- quences to him resulting from the verdict, ete. (Peo- ple v. O’Brien, 96 Cal. 171, 31 Pac. 45); an instruction that a ratification may be found from an unreason- able delay to object (Hill v.’ Finigan, 77 Cal. 267, 19 Pac. 494). Sec. 20. The style of all process shall be, “The People of the State of California,” and all prose- cutions shall be conducted in their name and by their authority. PROCESS.—The word “process”? as used in this section does not apply to the warrants by which prisoners are held and committed to the state prison after conviction. (Ex parte Ahern, 108 Cal. 412, 37 Pac. 390.) The notice to be given to creditors on filing a pe- tition in insolvency is not process; and even if it were Art. VI, §§ 21-23 CONSTITUTION oF 1879, 186 process, the fact that it does not run in the name of the people of the state of California is not a fatal er- ror going to the jurisdiction. (Brewster vy. Ludekins, 19 Cal. 162.) An action to punish a defendant for the violation of an ordinance is a criminal action, and must be prosecuted in the name of the people. (Santa Bar- bara v. Sherman, 61 Cal. 57.) An act authorizing the removal of a board of super- visors from office for delay in fixing water rates “at the suit of any interested party” is in conflict with this section. (Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901.) An order of arrest in a civil action is not “process” within the meaning of this section. (Dusy v. Helm, 59 Cal. 188.) Sec. 21. The justices shall appoint a reporter of the decisions of the supreme court, who shall hold his office and be removable at their pleasure. He shall receive an annual salary not to exceed twenty-five hundred dollars, payable monthly. REPORTER OF DECISIONS.—The provision of this section as to the salary of the reporter is pro- hibitory, and forbids a salary greater than two thou- sand five hundred dollars. (Smith v. Kenfield, 57 Cal. 188.) Sec. 22. No judge of a court of record shall practice law in any court of this state during his continuance in oftice. Sec. 23. No one shall be eligible to the office of justice of the supreme court, or to the office of judge of a superior court, unless he shall have been admitted to practice before the supreme court of the state. No judge o € supreme court t of appeal, nor a Superior i Salary un- less he shall make and Subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and undecided, that has been Submitted for decision for a period of ninety days. In the determination of causes all decisions of the supreme court and of the district courts of appeal Shall be given in writing, and the srounds of the decision shall be stated. When the justices of a district court of appeal are unable to concur in a judgment, they shall give their several Opinions in writing and Cause copies thereof to be forwarded to the supreme court. Hennings Constitution p. 239. Sec. 21. [Art. VI] The supreme court may a point a reporter and not more than three assista reporters of the decisions of the supreme court a of the district courts of appeal. Each of the di trict courts of appeal shall appoint its own cle All the officers herein mentioned shall hold offi and be removable at the pleasure of the courts which they are severally appointed, and they shi: receive such compensation as shall be prescrib by law, and discharge such duties as shall be pr scribed by law, or by the rules or orders of t courts by which they are severally appointed. Zonst.;—) Art; Vi, Sec: “21, Supreme court clerk; reporter. Section 21. [The supreme court shall appoint a clerk of the supreme court; provided, however, that any person elected to the office of clerk of the supreme court before the adoption hereof, shall continue to hold such office until the expiration of the term for which he may have been elected. Said] court may [also] appoint a reporter and not more than three assistant reporters of the decisions of the supreme court and of the district courts of appeal. Each of the district courts of appeal shall appoint its own clerk. All the officers herein mentioned shall hold office and be removable at the pleasure of the courts by which they are severally appointed, and they shall receive such compensation as shall be prescribed by law, and discharge such duties as shall be prescribed by law, or by the rules or orders of the courts by which they are severally appointed. [Amendment adopted October 10, 19d saa See. 25. [Art. VI] The present supreme court commission shall be abolished at the expiration of its present term of office, and no suvreme court commission shall be created or provided for after January ist, A. D. 1905. a 187 CONSTITUTION OF 1879. Art. VI, § 24 Sec. 24. No judge of a superior court nor of the supreme court shall, after the first day of July, one thousand eight hundred and eighty, be allowed to draw or receive any monthly salary un- less he shall take and subscribe an affidavit be- fore an officer entitled to administer oaths, that no cause in his court remains undecided that has been submitted for decision for the period of ninety days. DECISIONS.—Failure to decide all cases within ninety days does not work a forfeiture of the salary of the judge. (Meyers v. Kenfield, 62 Cal. 19 Art. VIT, §‘1 CONSTITUTION OF 1879. | «£88 ARTICLE VII. PARDONING POWER. Section 1. The governor shall have the power to grant reprieves, pardons, and commutations of sentence, after conviction, for all offenses except treason and cases of impeachment, upon such con- ditions, and with such restrictions and limitations, as he may think proper, subject to such regula- tions as may be provided by law relative to the manner of applying for pardons. Upon convie- tion for treason, the governor shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The governor shall communicate to the legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the governor nor the legislature shall have power to grant pardons, or commutations of sentence, in 189 CONSTITUTION OF 1879. Art. VII, § 1 any case where the convict has been twice con- victed of felony, unless upon the written recom- mendation of a majority of the judges of the su- preme court. PARDONING POWER.—The pardoning power is the same as that exercised by the representatives of the English crown in this country in colonial times. (People v. Bowen, 43 Cal. 489.) A document signed by the governor releasing a prisoner before the expiration of his term for good behavior does not remove the disability to testify. (Blane yv. Rodgers, 49 Cal. 15.) A pardon removes the disability to testify, and all disabilities which follow the conviction. (People v. Bowen, 43 Cal. 489.) An offender may be pardoned after he has suffered the punishment adjudged for his crime. (People v. Bowen, 48 Cal. 489.) An executive act restoring a convicted criminal to the right of citizenship is not a pardon and does not remove the legal infamy and disability. (People v Bowen, 48 Cal. 439.) The pardoning power does not extend to the rein- statement of an attorney excluded from the practice by law or the order of a court. (Cohen vy. Wright, 22 Cal. 293, 323.) The governor may pardon as well before as after trial. (Hatzfield v. Gulden, 7 Watts, 152; York Co. v. Dalhousie, 45 Pa. St. 872; Commonwealth v. Hilch- man, 46 Pa. St. 357.) The pardon may be conditional as well as absolute. (Howell’s Case, 8 Watts & S. 197; People v. Potter, 1 Park. C. C. 47; Ex parte Wells, 18 How. 314.) If a pardon be obtained by fraud it may be re- voked before actual delivery. (Ex parte De Puy, 3 Ben. 307; Commonwealth v. Ahl, 43 Pa. St. 53.) The pardoning power has no authority to decree a repayment of a fine. (Cook v. Middlesex, 27 N. J. L. 637.) Delivery is essential to give effect to a pardon. (Matter of De Puy, 3 Ben. 320; Commonwealth v. Halloway, 41 Pa. St. 210.) Art. VIII, §1 CONSTITUTION oF 1879. 190 ARTICLE VIII. MILITIA. § 1. Organization and calling forth of. § 2. Device, banner, or flag to be used. Section 1. The legislature shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not in- compatible with the constitution and laws of the United. States. Officers of the militia shall be elected or appointed in such manner as the legis- lature shall from time to time direct, and shall be commissioned by the governor. The governor shall have power to call forth the militia to exe- cute the laws of the state, to suppress insurrec- tions, and repel invasions. MILITIA.—As to the power of the governor to call out the militia, see Stimson’s American Statute Law, sec. 298. An act authorizing the governor to call out the militia when he deemed it necessary to suppress riots or mobs was held unconstitutional. (Green v. State, 15 Lea, 708.) The mere refusal, by incumbents of offices, to sur- render them is not an insurrection, and will not jus- tify employment of the militia. (In re Fire ete. Commrs., 19 Colo. 503.) 1 491 CONSTITUTION OF 1879. Art. VIII, § 2 Sec. 2. All military organizations provided for by this constitution, or any law of this state, and receiving state support, shall, while under arms either for ceremony or duty, carry no device, ban- ner, or flag of any state or nation, except that of the United States or the state of California. Art. IX, §1 CONSTITUTION OF 1879. 192 ARTICLE IX. EDUCATION. Promotion of intellectual improvement. ~ Superintendent of public instruction. County superintendents of schools. School funds, source and origin, and how ap- propriated. System of common schools to be provided. é School system, what to include. § 7. Text-books, who to adopt—Local boards of ed- ucation. § 8. Sectarianism prohibited. § 9. University fund, creation, management, and application of. § 10. Leland Stanford Junior University. § 11. The California School of Mechanical Arts. Cr Gr Poh COP oo Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legis- lature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement. EDUCATION.—The. act of 1880 establishing the state agricultural society, and providing for the ex- hibition of breeds of horses, etc., and of agricultural, mechanical, and domestic manufactures and produc- tions, is authorized by this section. (Melvin y. State, 121 Cal: 16, 538 Pac. 416.) 193 CONSTITUTION OF 1879. Art. IX, §§ 2-4 Sec. 2. — a ee hare ae — = < in such city, and ratified by a majority of the electors voting thereon, and approved by the legislature as herein provided for the approval of the charter. Whenever fifteen per cent of the qualified voters of the city shall petition the legislative authority thereof to submit any pro- posed amendment or amendments to said charter to the qualified voters thereof for approval, the legislative authority thereof must submit the same. In submitting any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately with- out prejudice to others. (Amendment adopted November 4, 1902.) a A 227 CONSTITUTION OF 1879. Art. XI, §8 The word “city,” when used in the constitution, includes a consolidated city and county. (People v. Hoge, 55 Cal. 612; Morgan v. Menzies, 60 Cal. 341.) The provisions of this section are prospective and apply only to governments merged after the consti- tution went into effect. (Wood v. Election Commrs., 58 Cal. 561.) The provision of this section for two boards of supervisors applied only to general laws or charters passed subsequently to the adoption of the constitu- tion. (Desmond v. Dunn, 55 Cal. 242.) Under the provision of this section that the provi- sions of the constitution as to cities shall apply to con- solidated cities and counties, the provisions of section 6 of this article apply to consolidated cities and coun- ties. (Desmond v. Dunn, 55 Cal. 242.) The provisions of section 11, article 11, are applica- ble to consolidated city and county governments. (Hx parte Keeney, 84 Cal. 304, 24 Pac. 34.) Section 5, article 11, requiring the legislature to provide for the strict accountability of county of- -ficers for all fees which may be collected by them, is applicable to consolidated cities and counties. {Rauer vy. Williams, 118 Cal. 401, 50 Pac. 691.) Sec. 8. Any city containing a population of more than three thousand five hundred inhabi- tants may frame a charter for its own govern- ment, consistent with and subject to the consti- tution and laws of this state, by causing a board of fifteen freeholders, who shall have been for at least five years qualified electors thereof, to be elected by the qualified voters of said city at any general or special election, whose duty it shall be, within ninety days after such election, to prepare and propose a charter for such city, which shall be signed, in duplicate, by the members of such board, or a majority of them, and returned, one Art. XI, §8 CONSTITUTION OF 1879. 228 copy to the mayor thereof, or other chief executive officer of such city, and the other to the recorder of the county. Such proposed charter shall then be published in two daily newspapers of general circulation in such city, for at least twenty days, and the first publication shall be made within twenty days after the completion of the charter; provided, that in cities containing a population of not more than ten thousand inhabitants such pro- posed charter shall be published in one such daily newspaper; and within not less than thirty days after such publication it shall be submitted to the qualified electors of said city at a general or special election, and if a majority of such quali- fied electors voting thereat shall ratify the same, it shall thereafter be submitted to the legislature for its approval or rejection as a whole, without power of alteration or amendment. , ‘Such ap- proval may be made by concurrent resolution, and if approved by a majority vote of the members elected to each house, it shall become the charter of such city, or if such city be consolidated with a county, then of such city and county, and shall become the organic law thereof, and supersede any existing charter and all amendments thereof, and all laws inconsistent with such charter. mi copy of such charter, certified by the mayor, or chief executive officer, and authenticated by the seal of such city, setting forth the submission of such charter to the electors, and its ratification =—_TS” ee 229 CONSTITUTION OF 1879. Art. XI, §8 by them, shall, after the approval of such charter by the legislature, be made, in duplicate, and de- posited, one in the office of the secretary of state, and the other, after being recorded in said re- corder’s office, shall be deposited in the archives of the city, and thereafter all courts shall take judicial notice of said charter. The charter, e ratified, may be amended at intervals of not less than two years by proposals therefor, submitted by the legislative authority of the city to’ the qualified electors thereof, at a general or special election, held at least forty days after the publi- cation of such proposals for twenty days in a daily newspaper of general circulation in such city, and ratified by at least three-fifths of the qualified electors voting thereat, and approved by the legis- lature, as herein provided for the approval of the | charter. In submitting any such charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately with- out prejudice to others. [Ratification declared December 30, 1892.] [AMENDMENT OF 1887.] Sec. 8. Any city or consolidated city and county, containing a population of more than one hundred thousand inhabitants, may frame a charter for its own government, consistent with and subject to the constitution and laws of this state, by causing a board of fifteen freeholders, who shall have been for at least five years qualified electors thereof, to be Constitution—20 Art. XI, §8 CONSTITUTION OF 1879. 230 elected by the qualified voters of such city, or city and county, at any general or special election, whose duty it shall be, within one hundred days after such election to prepare and propose a charter for such city, or city and county, which shall be signed in duplicate by the members of such board, or a major- ity of them, and returned, one copy thereof to the mayor, or other chief executive officer of such city or city and county, and the other to the recorder of deeds of the county, or city and county. Such pro- posed charter shall then be published in two daily papérs of general circulation in such city, or city and county, for at least twenty days, and such publication shall be commenced within twenty (20) days after the completion of the charter, and within not less than thirty days after the completion of such publication, it shall be submitted by the legislative authority of said city, or city and county, to the qualified electors thereof at a general or special election, and if a ma- jority of such qualified electors voting thereat shall ratify the same, it shall thereafter be submitted to the legislature for its approval or rejection as a whole, without power of alteration or amendment; and if ap- proved by a majority vote of the members elected to each house, it shall become the charter of such city, or if Such city be consolidated with a county, then of such cityand county,and shall become theorganic law thereof, and supersede any existing charter and all amendments thereof, and all special laws inconsistent with such charter. A copy of such charter, certified by the mayor or other chief executive officer, and au- , thenticated by the seal of such city, or city and coun- ty, setting forth the submission of such charter to the electors, and its ratification by them, shall be made in duplicate, and deposited, one in the office of the secretary of state, the other, after being re- t 231 CONSTITUTION OF 1879. Art. XI, §8 corded in the office of the recorder of deeds of the county, or city and county, among the archives of the city, or city and county. Ail courts shall take judicial notice thereof. The charter so ratified eee be amended at intervals of not less than two years, by proposals therefor submitted by legislative au- thority of the city, or city and county, to the quali- fied voters thereof at a general or special election held at least sixty days after the publication of such proposals, and ratified by at least three-fifths of the qualified electors voting thereat, and approved by the legislature as herein provided for the approval of the charter. In submitting any such charter, or amendment thereto, any alternative article or propo- sition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Any city, or consolidated city and county, containing a population of more than ten thousand and not more than one hundred thousand inhabi- tants, may frame a charter for its own government, consistent with and subject to the constitution and laws of the state, by causing a board of fifteen free- holders, who shall have been for at least five years qualified electors thereof, to be elected by the quali- fied voters of Said city, or city and county, at any general or special election, whose duty it shall be, within ninety days after such election, to prepare and propose a charter for such city, or city and coun- ty, which shall be signed in duplicate by the members of such board, or a majority of them, and returned, one copy thereof to the mayor, or other chief execu- tive officer of said city, or city and county, and the other to the recorder of the county, or city and coun- ty. Such proposed charter shall then be published in two daily papers of general circulation in such city, or city and county, for at least twenty days, and Art. XI, §8 CONSTITUTION OF 1879. 232 publication shall be commenced within twenty days after the completion of the charter; and within not less than thirty days after the completion of such publication it shall be submitted by the legislative authority of said city, or city and county, to the quali- fied electors of said city, or city and county, at 4 general or special election, and if a majority of such ° qualified electors voting thereat shall ratify the same, it shall thereafter be submitted to the legislature for its approval or rejection as a whole, without power of alteration or amendment, and if approved by a ma- jority vote of the members elected to each house, it Shall become the charter of such city, or if such city be consolidated with a county, then of such city and county, and shall become the organie- law thereof, and shall supersede any existing charter and all amendments thereof, and all special laws inconsistent with such charter. A copy of such charter, certified by the mayor, or other chief executive officer, and authenticated by the seal of such city, or city and county, setting forth the submission of Such charter to the electors, and its ratification by them, shall be made in duplicate, and deposited, one in the office of the secretary of state, and the other, after being recorded in the office of recorder of deeds of the county, or city and county, among the archives of the city, or city and county; and thereafter all courts shall take judicial notice thereof. The charter so ratified may be amended, at intervals of not less than two years, by proposals therefor, submitted by the legislative authority of the city, or city and county, to the qualified electors thereof, at a general or spe-_ cial election held at least sixty days after the publi- eation of such proposals, and ratified byat least three- fifths of the qualified electors voting thereat, and approved by the legislature as herein provided for the goo CONSTITUTION OF 1879. Art. XI, §8 approval of the charter. In submitting any such char- ter, or amendment thereto, any alternative article or ‘proposition may be presented for the choice of the ‘voters, and may be voted on separately without preju- dice to others. [ORIGINAL SECTION.] * Sec. 8. Any city containing a population of more than one hundred thousand inhabitants may frame a charter for its own government, consistent with and subject to the constitution and laws of this state, by causing a board of fifteen freeholders, who shall have been for at least five years qualified elec- tors thereof, to be elected by the qualified voters of such city, at any general or special election, whose duty it shall be, within ninety days after such elec- tion, to prepare and propose a charter for such city, which shall be signed in duplicate by the members of such board, or a majority of them, and returned one copy thereof to the mayor, or other chief executive officer of such city, and the other to the recorder of deeds of the county. Such proposed charter shall then be published in two daily papers of general cir- culation in such city for at least twenty days, and within not less than thirty days after such publica- tion it shall be submitted to the qualified electors of such city at a general or special election, and if a majority of such qualified electors voting thereat shall ratify the same, it shall thereafter be submitted to the legisiature for its approval or rejection as a whole, without power of alteration or amendment, and if approved by a majority vote of the members elected to each house, it shall become the charter of such city, or if such city be consolidated with a coun- ty, then of such city and county, and shall become the organic law thereof, and supersede:any existing charter and all amendments thereof, and all special Art. XI, § 8 CONSTITUTION oF 1879. 234 laws inconsistent with such charter. A copy of such charter, certified by the mayor, or chief executive of- ficer and authenticated by the seal of such city, set- ting forth the submission of such charter to the elec- tors, and its ratification by them, shall be made in duplicate, and deposited, one in the office of the sec- retary of state, the other, after being recorded in the office of the recorder of deeds of the county, or city and county, among the archives of the city, all courts shall take judicial notice thereof. The charter so rat- ified maybe amended atintervals of notless than two lee by proposals therefor submitted by legislative authority of the city, to the qualified voters thereof at a general or special election held at least sixty days after the publication of such proposals, and ratified by at least three-fifths of the qualified electors vot- ing thereat, and approved by the legislature as herein provided for the approval of the charter. In submit- ting any such charter, or amendment thereto, any al- ternative article or proposition may be presented for - the choice of the voters, and may be voted on sep- arately without prejudice to others. CHARTERS—In general.—This section is self-exe- .cuting. (People v. Hoge, 55 Cal. 612.) The provisions of this section as to the adoption of the charter are mandatory and prohibitory, and a failure to observe them will invalidate the charter. (People v. Gunn, 85 Cal. 238, 24 Pac. 718.) The purpose of this section was to emancipate municipal governments from the authority and con-. trol formerly exercised over them by the legislature. (People v. Hoge, 55 Cal. 612.) The right to frame a charter is not a continuing — right, and after it has been once exercised by the adoption of a charter, the municipality cannot adopt another charter, but must amend the one already adopted. (Blanchard v. Hartwell, 131 Cal. 263.) The legislature cannot abridge the right given by 235 CONSTITUTION oF 1879. Art. XI, §8 this section to cities to adopt charters. (People v. Bagley, 85 Cal. 343, 24 Pac. 716.) A charter is a ‘statute’ within the meaning of section 1622 of the Civil Code. It is also a “law,” and also written law. (Frick v. Los Angeles, 115 Cal. 512, 47 Pac. 250.) A charter must be consistent with the constitution ~ and general laws of the state. But the whole charter will not be held invalid because a few of its provi- sions may be inconsistent with general statutes in force at the time of its adoption. (Brooks v. Fischer, (9, Gal 1TSs 21 Pac. .652.) A, charter unlawfully attempting to give a police court exclusive jurisdiction of certain misdemeanors is not inconsistent with the general law giving such jurisdiction to justices’ courts. (Hx parte Dolan, 128 Cal. 460, GO Pac. 1094.) A city may provide in its charter for taxation for municipal purposes. (Security Sav. etc. Co. v. Hinton, O79 Call 214,32 Pac. 3.) The charter cannot extend its authority outside of the territory of the city. (Kennedy v. Miller, 97 Cal. 429, 487, 32 Pac. 558.) Freeholiders.—The board of election commissioners of San Francisco have power to call an election of freeholders under this section. (People v. Hoge, 55 Cal. 612.) The action of the board of election commissioners in ordering an election of freeholders under this sec- tion is not judicial in its nature. (People v. Hlection Commrs., 54 Cal. 404.) All that is necessary to the validity of an election of freeholders is that they be chosen at a general or special election; and where there has been such an election, the voice of the people is not to be rejected for a defect or even want of notice, if they have in truth been called upon and have spoken. (People v. Hoge, 55 Cal. 612.) As to whether or not irregularities in the election of freeholders can affect the validity of the charter, see People v. Gunn, 85 Cal. 238, 24 Pac. 718. Where the person receiving the highest number of votes for freeholder is disqualified, the next highest Art. XI, §8 CONSTITUTION oF 1879. 236 person is not entitled to a certificate of election. (Peo- ple. v. Hecht, 105 Cal. 621, 38 Pac. 941.) The acts of de facto freeholders are valid. (People v. Hecht, 105 Cal. 621, 388 Pac. 941.) Where some of the freeholders elected are ineligi- ble, the remainder of them may frame the charter. A majority of those qualified may act. (People v. Hecht, 105 Cal. 621, 388 Pac. 941.) A person who has not been for at least five years a qualified elector of the city is ineligible to the of- fice of freeholder. (People v. Hecht, 105 Cal. 621, 38 Pac. 941.) Ratification.—The duty of calling an election to ratify a charter is one clearly enjoined by law, and may be enforced by mandamus; and it is no defense that there may not be sufficient funds in the treasury to defray the expenses of the election. (Gibbs v. Bart- lett, 63 Cal. 117.) An election is invalid if no duplicate of the pro- posed charter was delivered to the mayor or recorder, or if held without sufficient publication of notice, or in less than the required number of days after com- pletion of the publication. (People v. Gunn, 85 Cal. 238, 24 Pac. 718.) A city charter may be approved by a majority of the members elected to each house of the legislature by joint resolution, without the approval of the gov- ernor. (Brooks v. Fischer, 79 Cal. 173, 21 Pace. 652.) The legislature in approving a freeholders’ charter does not exercise its law-making power. (People v. Toal, 85 Cal. 333, 24 Pac. 603; People v. Gunn, 85 Cal. Zoo, 24. ac. i118.) The legislature in approving a freeholders’ charter cannot conclusively determine whether or not the municipal authorities and people of the city have proceeded regularly in its framing and adoption. (People v. Gunn, 85 Cal. 238, 24 Pac. 718.) Effect.—A new charter supersedes the old and all - amendments thereto. (People vy. Oakland, 92 Cal. 611, 28 Pac. 807.) A description of the territory of a muncipal corpora- tion is an essential part of the charter, and is super- seded by an entirely new charter containing a differ- ent description of territory from that contained in the ys CONSTITUTION OF 1879. Art. XI, §8 original charter. (People v. Oakland, 92 Cal. 611, 28 Pac. 807.) The adoption of a new charter operates, not ex proprio vigore, but by virtue of the provisions of the constitution, to supersede the existing charter and all amendments thereto, and although such charter can- not establish a police court, it will abolish one es- tablished by the former charter. (Hx parte Sparks, 120 Cal. 395, 52 Pac. 715.) A new charter supersedes the provision of an ex- isting charter establishing a justice’s court. (Miner v. Justice’s Court, 121 Cal. 264, 53 Pac. 795.) While the charter of the city of Eureka superseded the provisions of the former charter creating the of- fice of harbormaster, without making any provision for such officer, it did not supersede the provisions of the Political Code providing for the duties of such harbormaster. (Quigg v. Evans, 121 Cal. 546, 53 Pac. 10938.) Validity.—The municipality, real or pretended, is a necessary party to a proceeding to test the validity of a municipal charter. (People v. Gunn, 85 Cal. 23s, 24 Pac. 718.) Amendments.—After the adoption of a freeholders’ charter a second board of freeholders cannot be elected to frame a second charter for the city to be adopted by a majority vote, but the first charter must be amended. (Blanchard v. Hartwell, tole Onl. 260.) The provisions of the constitution in regard to the adoption and amendment of freeholders’ charters are mandatory and prohibitory; and the mode of amend- ment of such charters is exclusively commanded, and all others are prohibited. (Blanchard y. Hartwell, 131 Cal. 263.) The amendment mentioned in this section relates only to amendments made by and at the instance of the officers and electors of the city, and does not inhibit the amendment or change of the charter within two years under general laws. (People v. Coronado, 100 Cal. 571, 35 Pac. 162.) The annexation of additional territory to the city does not work an amendment to the charter. (People v. Ockland, 123 Cal. 598, 56 Pac. 445.) Art. XI, §8% CONSTITUTION oF 1879. — | 238 A. provision in a freeholders’ charter fixing the salaries of officers and providing that “the common council, in the month of January, 1891, and every four years thereafter, shall readjust and fix anew the amount of all official salaries provided for in this charter,” is not an amendment to the charter. (Coyne v. Rennie, 97 Cal. 590; 32 Pac. 578.) The “special election” provided for by this section is an election held for the special purpose of yot- ing upon the amendments to the charter. (People v. Davie, 114 Cal. 363, 46 Pac. 150.) Sec. 84. It shall be competent, in all charters framed under the authority given by section eight of article eleven of this constitution, to provide, in addition to those provisions allowable by this constitution and by the laws of the state, as fol- lows: 1. For the constitution, regulation, govern- ment, and jurisdiction of police courts, and for the manner in which, the times at which, and the terms for which the judges of such courts shall be elected or appointed, and for the compensation of said judges and of their clerks and attachés. 2. For the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, and the number which shall constitute any one of such boards. 3. For the manner in which, the times at which, and the terms for which the members of the boards of police commissioners shall be elect- ed or appointed; and for the constitution, regula- Const.: Art. XI, Sec. 8%. Charters of cities, what may provide. ; Section 8%. It shall be competent, in‘all charters framed under the authority given by section eight of article eleven of this constitution, to provide, in addition to those provisions allowable by this constitution and by the laws of the state, as follows: 1. For the constitution, regulation, government, and jurisdiction of police courts, and for the manner in which, the times at which, and the terms for which the judges of such courts shall be elected or appointed, and for the qualifications and compensation of said judges and of their clerks and attaches. 2. For the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, [for their qualifications, compensation and removal,] and [for] the number which shall constitute any one. of such boards. 3. For the manner in which, the times at which, and the terms for which the members of the boards of police commissioners shall be elected or appointed; and for the constitution, regulation, com- pensation, and government of such boards and of the municipal police force. 4. [For the manner in which and the times at which any muni- cipal election shall be held and the result thereof determined;] for the manner in which, the times at which, and the terms for which the members of all boards of election shall be elected or appointed, and for the constitution, regulation, compensation and government of such boards, and of their clerks and attaches; and for all ex- penses incident to the holding of any election. Where a city and county government has been merged and consolidated into one municipal government, it shall also be com- petent, in any charter framed under said section eight of said article eleven [or by amendment thereto,] to provide for the manner in which, the times at which and the terms for which) the several county [and municipal] officers [and employees whose compensation is paid by such city and county, excepting judges of the superior court,] shall be elected or appointed, [and for their. recall! and removal, and] for their compensation, and for the number of deputies, [clerks and other employees] that each shall have, and for the compensation, [method of appointment, qualifi- cations, tenure of office and removal] of such deputies, [clerks and other employees. All provisions of any charter of any such con- solidated city and county heretofore adopted, and amendments thereto, which are in accordance herewith, are hereby confirmed 3 and declared valid.] [Amendment adopted October 10, 1911.] 239 _ CONSTITUTION or 1879. Art. XI, §8% ‘tion, compensation, and government of such boards and of the municipal police force. 4. For the manner in which, the times at which, and the terms for which the members of all boards of election shall be elected or appointed, and for the constitution, regulation, compensa- tion, and government of such boards, and of their clerks and attachés; and for all expenses incident to the holding of any election. Where a city and county government has been merged and consolidated into one municipal goy- ernment, it shall also be competent in any charter framed under said section eight of said article eleven, to provide for the manner in which, the times at which, and the terms for which the sev- eral county officers shall be elected or appointed, for their compensation, and for the number of deputies that each shall have, and for the com- pensation payable to each of such deputies. {Amendment adopted November 3, 1896. | PROVISIONS OF CHARTER.—This section is not retroactive, and has no application to charters pre- viously adopted. (Ex parte Sparks, 120 Cal. 395, 52 bac, 7e10,) Under this provision the freeholders’ charter of San Francisco properly fixed the manner in which, the times at which, and the terms for which the sey- eral county officers shall be elected or appointed. (Martin v. Election Commrs., 126 Cal. 404, 58 Pac. 32.) Under this section the charter cannot vest exclusive jurisdiction of certain misdemeanors in the police court, and thus oust the justices’ courts of such juris- diction. -(Ex parte Dolan, 128 Cal. 460, 60 Pac. 1094.) Att, A1y3$'9 CONSTITUTION OF 1879. 240 This section confers no power upon the municipality to prescribe by a freeholders’ charter the qualifica- tions of the deputies mentioned in this section. (Crowley v. Freud, 132 Cal. 440.) Sec. 9. The compensation of any county, city, town, or municipal officer shall not be increased after his election or during his term of office; nor shall the term of any such officer be extended - beyond the period for which he is elected or ap- pointed. COMPENSATION OF OFFICERS.—The provision against altering the compensation of an officer dur- ing his term. applies to those officers elected at the first election after the adoption of the constitution, whose salaries were fixed by previous laws. (Gross v. Kenfield, 57 Cal. 626.) This section does not apply to incidental expenses of the office, but only to the compensation for ser- vices. (Kirkwood v. Soto, 87 Cal. 394, 24 Pac. 488.) Where a County Government Act increases the salaries of certain officers and provides that it “shall not affect the present incumbents,” such increase does not accrue to a person appointed to fill a vacancy in an unexpired term of such incumbent. (Larew y. Newman, 81 Cal. 588, 28 Pace. 227.) An order of the board of supervisors allowing a county clerk a deputy at a salary of fifty dollars a month, to be paid by the county, made after the election of the county clerk, is in conflict with this provision. (Dougherty vy. Austin, 94 Cal. 601, 28 Pac. S34, 29 Pac...1092,) An ordinance of a board of supervisors diminishing the compensation of constables during their term is, not in conflict with this provision. (People v. John- son, 95 Cal. 471, 31 Pac. 611.) An act relieving county officers, who were elected prior to the passage of the act, from the payment of their own assistants, is void. (Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66.) ; An act increasing the salary of a policeman during Const:: Art. XI, Sec. 10. Section 10. Repealed [November 8, 1910.] 241 CONSTITUTION OF 1879. Art. XI, §10 his term of office is void. (Darcy v. Mayor, 104 Cal. 642, 38 Pac. 500.) . A contract to pay a city attorney extra compensa- tion for services rendered during his term of office is void; but he might recover for services performed under such contract after the expiration of his term of office. (Buck v. Pureka, 109 Cal. 504, 42 Pac. 2438.) An act increasing the compensation of county of- ficers cannot constitutionally increase the salaries of incumbents. (Tulare Co. v. Jefferds, 118 Cal. 303, 50 Pac. 427.) This prehibition applies to a person appointed to fill a vacancy caused by the death of the incumbent, after the passage of the law increasing the salary of the officer. (Storke v. Goux, 129 Cal. 526, 62 Pac. 68.) Also to an officer holding over after the expira- - tion of his term, by failure of his successor to qn bi (Rice v. National City, 182 Cal. 354.) TERM OF OFFICE.—An act changing the time of the election of certain officers so that no election will be held until after the expiration of the terms of the present incumbents is not violative of this section, al- though they are entitled to hold until their successors are appointed. (Treadwell v. Yolo Co., 62 Cal. 563.) Sec. 10. No county, city, town, or other public or municipal corporation, nor the inhabitants thereof, nor the property therein, shall be re- leased or discharged from its or their proportion- ate share of taxes to be levied for state purposes, nor shall commutation for such taxes be author- ized in any form whatsoever. RELEASE OF INDEBTEDNESS.—This section was not intended to embrace a release of doubtful claims which the state may hold against a corpora- tion.’ (Burr y. Carbondale, 76 Ill. 455.) Constitution—2] Art? X11, 911 CONSTITUTION OF 1879. 242 Sec. 11. Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws. LOCAL, POLICE, AND SANITARY LAWS.—The police power is subordinate to the power of the fed- eral government to regulate commerce. (Lin Sing vy. Washburn, 20 Cal. 534.) The ‘other regulations’ mentioned in this section must be limited to objects similar to those denomi- nated police and sanitary. (Ex parte Hodges, 87 Cal. 1G toe tea. tenis Any restriction of the rights of individuals to pur- sue a lawful avocation must extend to all individuals who might exercise that right within the same dis- trict. (Los Angeles v. Hollywood Cem. Assn., 124 Cal. 344, 57 Pac. 153.) Any practice or business the tendency of which, as shown by experience, is to weaken or corrupt the morals of those who follow it or to encourage idle- ness, instead of habits of industry, is a legitimate subject of police regulation. Gambling is such a practice. (Ex parte Tuttle, 91 Cal. 589, 27 Pac. 933.) The question as to what measures are needful or appropriate to be taken in the exercise of the police power is primarily for the legislative body to deter- mine; and such determination will not be disturbed by the courts, unless the fundamental rights of the citizen are assailed. (Ex parte Tuttle, 91 Cal. 589, 21 Pac. 9355.) It is not necessary to the exercise of the police power in regulating a business that it shall consti- tute a nuisance per se. (Hx parte Lacey, 108 Cal. 326, 41 Pac. 411.) The business of conducting a laundry is not un- lawful, and cannot be made to depend upon the will of any number of citizens or property owners. (Hx parte Sing Lee, 96 Cal. 354, 31 Pac. 245.) Police power is exercised in the enforcement of a penalty prescribed for a noncompliance with law. (Merced County v. Helm, 102 Cal. 159, 36 Pac. 399.) 243 CONSTITUTION OF 1879. Artes 8.1 The legislature may delegate to boards of super- visors of counties power to pass local, police, and sani- tary regulations. (Ex parte Shrader, 33 Cal. 279.) This provision does not authorize cities to change their charters, or to revolutionize the city government, or abrogate a department thereof. (People v. New- man, 96 Cal. 605, 31 Pac. 564.) This section includes the power to amend an ex- isting ordinance upon the same subject. (Foster v. Police Commrs., 102 Cal. 488, 37 Pac. 763.) So far as mere police regulations are concerned, if city and county ordinances conflict, the police regu- lations made by the city will control within the lim- its of the city. (Ex parte Roach, 104 Cal. 272, 37 Pac. 1044; Ex parte Mansfield, 106 Cal. 400, 89 Pac. 775; Los Angeles v. Hikenberry, 131 Cal. 461; Ex parte Pfirrman, 22 Cal. Dec. 411.) But a county license upon the sale of liquor, col- lected not merely as a regulation but for revenue, may be collected within a city although the city has collected a license tax for the same business. (Los Angeles vy. Hikenberry, 131 Cal. 461.) A city ordinance is not a general law within the meaning of this section. (Los Angeles v. Hikenberry, 131 Cal. 461.) A sanitary district is not a municipal corporation, and has none of the powers granted by this section, nor can the legislature confer such powers upon it. (In re Werner, 129 Cal. 567, 62 Pac. 97.) Conflict with general laws.—An act which is vio- lative of an express provision of the constitution can- not be upheld as a police regulation. (San Francisco v. Insurance Co., 74 Cal. 118,.15 Pace. 380.) A county ordinance in conflict with a valid general law is void. (San Luis Obispo v. Graves, 84 Cal. T1, 23 Pac. 1032; Ex parte Keeney, 84 Cal. 304, 24 Pac. 34.) But this is not true of a conflict between a valid county ordinance and an unconstitutional general stat- ute. (San Luis Obispo v. Graves, 84 Cal. 71, 23 Pac. 1032.) A provision of a city ordinance prohibiting the sale of spirituous liquors in a city is not in conflict with the general law, which shows a tendency simply to Art. XI,§11 CONSTITUTION oF 1879. 244 regulate the sale of liquors. (Ex parte Campbell, 74 Cal. 20, 15 Pac. 318; Ex parte Noble, 96 Cal. 362, 31 Pac. 224.) An ordinance making it unlawful to visit a gam- bling-house is not in conflict with a provision of the general law making it unlawful to bet at such house. (Ex parte Boswell, 86 Cal. 282, 24 Pac. 1060.) An ordinance undertaking to punish precisely the same acts which are punishable under the general law of the state is to be deemed in conflict with such general law. (Ex parte Stephen, 114 Cal. 278, 46 Pac. 86; In re Sic, 73 Cal. 142, 14 Pac. 405.) The mere fact that a certain provision of a city or- dinance is in conflict with the general law will not invalidate the entire ordinance if the provisions there- of are separable. (Ex parte Christensen, 85 Cal. 208, 24 Pac. 747.) An ordinance containing certain regulations as to the burden of proof and the effect of certain acts as evidence is void. (Ex parte Christensen, 85 Cal. 208, 24 Pac. 747.) A municipal ordinance making it a misdemeanor to fail to remove an obstruction of a sidewalk is not in conflict with the provisions of the general law declar- ing such an obstruction a nuisance and punishable as such, since the municipality might legalize a par- tial obstruction of a street. (Ex parte Taylor, 87 Cal. 91, 25 Pac. 258.) A city ordinance imposing a penalty for having lot- tery tickets in one’s possession, greater than the pen- alty provided by the general laws for kindred and more serious offenses, is in conflict with the general laws, and void. (Ex parte Solomon, 91 Cal. 440, 27 Pac. 757.) A city ordinance providing that no opium shall be sold without a prescription of a physician is not in conflict with the state law prohibiting the sale of. opium unless a record be kept of the sale and the ° package marked “poison.” (Ex parte Hong Shen, 98 Cal...681,-.33 Pacsxf99.) An ordinance is not inconsistent with the general law merely because it makes another and different regulation on the same subject, when there is no di- rect conflict between its terms and the provisions of 245 CONSTITUTION OF 1879. Aft. els 1) the state law. (Ex parte Hong Shen, 98 Cal. 681, 33 Pac. 799.) Where the penalty imposed for the violation of an ordinance conflicts with the provisions of the Penal Code, the penal clause of the ordinance is void. (Hx parte Mansfield, 106 Cal. 400, 39 Pac. 775.) An ordinance declaring it unlawful for any person to have in his possession any lottery ticket, unless it be shown that such possession is innocent, is void as.in conflict with the general presumption of inno- cence. (In re Wong Hane, 108 Cal. 680, 41 Pac. 693.) An ordinance forbidding further interment in the city cemetery is not in conflict with section 3035 of the Political Code. ‘(La Societa ete. v. San Francisco, 131 Cal. 169.) It is competent for a city ordinance to prohibit ail games played for money which are not specifically denounced by the statute. (In re Murphy, 128 Cal. 29, 60 Pac. 465.) The fact that an ordinance prohibiting games for money includes, by way of general description, games . prohibited by statute, as well as those not so pro- hibited, does not affect the validity of the ordinance; but all games so prohibited by the general laws must be excluded from the operation of the ordinance. (In re Murphy, 128 Cal. 29,.60 Pac. 465.) Reasonableness, ete.—A municipal ordinance must be consistent with the general powers and purposes of the corporation, must harmonize with the general laws, the municipal charter, and the principles of the common law, and can have no extraterritorial force unless by express permission of the sovereign power. (South Pasadena v. Terminal Ry. Co., 109 Cal. 315, 41 Pac. 1093; Ex parte Green, 94 Cal. 387, 29 Pac. 783; In re Ah You, 88 Cal. 99, 25 Pac. 974.) But where the legislature in terms confers upon a municipal corporation the power to pass ordinances of a specified character, an ordinance passed in pursu- ance thereof cannot be impeached as invalid because it would have been regarded as unreasonable if it had been passed under the incidental powers of the corporation, or under a grant of power general in its nature. But where the power to legislate on a given subject is conferred and the mode of its exercise Art. XI,§11 ‘CONSTITUTION oF 1879. 246 is not prescribed, then the ordinance passed in pur- suance thereof must be a reasonable exercise of the power, or it will be pronounced void. (Hx parte Chin Yan, 60 Cal. 78.) When the question as to the unreasonableness of a municipal ordinance is in doubt, the ordinance will be upheld; but when the ordinance is clearly unrea- sonable, it will be held void. (Hx parte McKenna, 126 Cal. 429, 58 Pae. 916.) The question of the reasonableness of an ordinance is to be determined by the court from the ordinance, and not by the jury from evidence of facts not ap- pearing upon the face of the ordinance. (Merced County v. Fleming, 111 Cal. 46, 43 Pac. 392.) An ordinance may be reasonable as applied to the regulation of cemeteries within a city or town, which would be unreasonable if applied to all parts of a county thinly populated in many of its parts. (Los Angeles v. Hollywood Cem. Assn., 124 Cal. 344, 57 Pac. 153.) . An ordinance imposing a fine not exceeding one thousand dollars and imprisonment not exceeding six months, for uttering profane and abusive language in the presence of other persons, is not unreasonable. (McDonald v. Taylor, 89 Cal. 42, 26 Pac. 595.) A city ordinance prohibiting the carrying of con- cealed weapons by any person other than public of- ficers and travelers, without a permit of the police commissioners, and prescribing a fine of not less than two hundred and fifty and not exceeding five hundred dollars, or imprisonment not less than three and not exceeding six months, or both, does not impose any excessive or unreasonable penalty. (Hx parte Cheney, 90 Cal. 617, 27 Pac. 4386.) An ordinance making a violation thereof punishable by imprisonment for ten days and a fine of one hun- dred and fifty dollars, and imprisonment in case of nonpayment of the fine at the rate of two dollars a day, is not unreasonable. (Hx parte Green, 94 Cal. 387, 29 Pac. 783.) A municipal ordinance permitting a fine of not less than twenty and not more than one thousand dollars for visiting a house of ill-fame is unreasonable, and 247 CONSTITUTION OF 1879. Art. XI, §11 not in harmony with the general law. (In re Ab You, 88 Cal. 99, 25 Pac. 974.) Valid ordinances.—In accordance with the forego- ing general principles, the following ordinances have been held valid as police and sanitary measures: An ordinance for the removal of shade trees growing in the sidewalks of public streets (Vanderhurst v. Tholeke, 113 Cal. 147, 45 Pac. 266); an ordinance providing for a sewer farm outside of a city (McBean v. Fresno, 112 Cal. 159, 44 Pac. 358); an ordinance prohibiting the conducting of any carpet-beating ma- chine within one hundred feet of any church, school- house, residence, or dwelling-house (Ex parte Lacey, 108 Cal. 326, 41 Pac. 411); an ordinance providing for the improvement of the channel and banks of a river passing through the city (De Baker v. Railway Co., 106 Cal. 257, 89 Pac. 610); a city ordinance for- bidding the beating of drums in the traveled streets of a city, without the permission of the president of the board of trustees (In re Flaherty, 105 Cal. 558, 38 Pac. 981); an ordinance providing that no liquor license shall be granted to any person who has con- ducted the business of selling liquors in any place where females are employed (Foster v. Police Commrs., 102 Cal. 488, 37 Pac. 768); an ordinance providing that no license shall be issued to persons engaged in the sale of liquors in dance-cellars or dance-halls, or in places where musical, theatrical, or other public exhibitions are given, and where females attend as waitresses (Hx parte Hayes, 98 Cal. 555, 33 Pac. 337); an ordinance fixing the license for conduct- ing a saloon where females are employed and where intoxicating liquors are sold in less quantities than one quart at a higher rate than a license for conduct- ing a saloon where females are not employed (Hx parte Felchlin, 96 Cal. 360, 31 Pac. 224, approving opinion of McKinstry, J., in Matter of Maguire, 57 Cal. 604); a city ordinance prohibiting the selling of pools on horseraces, except within the inclosure of a racetrack where the race is to be run (Ex parte Tuttle, 91 Cal. 589, 27 Pac. 933); an ordinance mak- ing the issuance of a liquor license depend upon the permission of a majority of the police commission- ers or the approval of twelve property owners in the ArG all oi CONSTITUTION OF 1879. 248 block in which the business is carried on (Hx parte Christensen, 85 Cal. 208, 24 Pac. 747); an act provid-. ing for the exclusion of all unvaccinated children from the public schools (Abeel y. Clark, 84 Cal. 226, 24 Pac. 383); a city ordinance making it unlawful to visit a place for the practice of gambling (Hx parte Lane, 76 Cal. 587, 18 Pac. 677); an ordinance pro- hibiting the maintenance within the city limits of any tippling-house, dramshop, or barroom, where spiritu- ous liquors are sold or given away (Ex parte Camp- bell, 74 Cal. 20, 15 Pac. 318); an ordinance which prohibits any person, for the purpose of prostitution, to visit any building kept for the purpose of prostitu- tion (Ex parte Johnson, 73 Cal. 228, 15 Pac. 438); an ordinance prohibiting the alteration or repair of any wooden building within certain designated fire lim- its, without permission of the fire wardens and ap- proval of a majority of the committee on fire depart- ment and the mayor (Ex parte Fiske, 72 Cal. 125, 13 Pae. 310); an ordinance prohibiting the keeping of more than two cows within certain portions of a city (In re Linehan, 72 Cal. 114, 18 Pac. 170); an or- dinance prohibiting the carrying on of a public laundry within the city limits, except within pre- scribed boundaries (In re Hang Kie, 69 Cal. 149, 10 Pac. 327); an ordinance prohibiting the carrying on of ' a laundry without the consent of the board of super- visors, except in a brick or stone building (In re Yick Wo, 68 Cal. 294, 9 Pac. 189); an ordinance pro- viding that all buildings used as laundries shall be constructed but one story in height, with brick or stone walls, and with metal roofs, doors, and window shutters (Ex parte White, 67 Cal. 102, 7 Pac. 186); a provision of a city charter prohibiting the slaughter- ing of animals and the maintenance of slaughter- houses within the city (Hx parte Heilbron, 65 Cal: 609, 4 Pac. 648); an ordinance making it unlawful for any person to conduct a laundry within certain limits, without a certificate from the health officer as to its sanitary condition, and a certificate from one of the fire wardens as to the condition of the heating appliances, and forbidding the operation ‘of any laundry between 10 P. M. and 6 A. M., or on Sundays (Ex parte Moynier, 65 Cal. 33, 2 Pac. 728); 249 _ CONSTITUTION OF 1879. Art. XI,.§ 11 an ordinance prohibiting the utterance of profane language in the hearing of two or more persons (Hx parte Delaney, 43 Cal. 478); an ordinance forbidding the sale of milk of cows fed upon still slops, ete. (Johnson vy. Simonton, 438 Cal. 242); an ordinance making it unlawful to play upon any musical instru- ment, ete., in any saloon, etc., after midnight (Ex parte Smith & Keating, 88 Cal. 702); an ordinance making it unlawful for any female to be in any saloon, etc., after midnight (Hx parte Smith & Keat- ing, 88 Cal. 702); an ordinance providing that no person shall establish or maintain any slaughter- house, keep herds of more than five swine, keep or cure hides, slaughter cattle, etc., in any part of the city and county (Ex parte Shrader, 33 Cal. 279); an ordinance making it unlawful for any person to have in his possession any lottery ticket, etc. (Ex parte McClain, 22 Cal. Dee. 382.) Invalid ordinances.—On the other hand, the fol- lowing ordinances have been held to be invalid as police and sanitary measures: A county ordinance forbidding the shipment of game from the county in which it has been lawfully killed (Ex parte Knapp, 127 Cal. 101, 59 Pac. 315); a county ordinance making it unlawful to establish, extend, er enlarge any ceme- tery within the county, but permitting burials in cemeteries already established (Los Angeles v. Holly- wood Cem. Assn., 124 Cal. 344, 57 Pac. 153); a mu- nicipal ordinance, not prohibiting all burials within the city, but merely prohibiting further purchases of cemetery lots, and allowing burials in tots already purchased (Ex parte Bohen, 115 Cal. 572; 47 Pac. 55); an ordinance regulating rates of transportation of a street railway outside of the city limits (South Pasa- dena v. Terminal Ry. Co., 109 Cal. 315, 41 Pac. 1093); a county ordinance providing that all insane asylums shall be constructed of either brick, iron, or stone, and surrounded by a brick or stone wall, that they shall not be within four hundred yards of any dwell- ing or school, that only one class of persons shall be treated in the same building, and that male and female patients shall not be cared for in the same building (Ex parte Whitwell, 98 Cal. 738, 32 Pac. 870); an ordinance prohibiting the carrying on of a public Art.00 $1. CONSTITUTION OF 1879. 250 laundry within the corporate limits of the town, ex- cept in certain specified blocks thereof, without a written permit from the board of trustees, and the written consent of a majority of the real property owners within the block in which the business is to be carried on, and also of the four blocks immediately surrounding the same (Hx parte Sing Lee, 96 Cal. 354, 31 Pac. 245); an ordinance requiring all occupants of lands within ninety days to exterminate and de- stroy the ground-squirrels on their respective lands (Ex parte Hodges, 87 Cal. 162, 25 Pac. 277); an or- dinance making it unlawful for any contractor per- forming work for the city to employ any person to work more than eight hours a day, or to employ Chinese labor (Ex parte Kuback, 85 Cal. 274, 24 Pac. 737); an ordinance intended to discriminate in favor of sportsmen and against all other persons in re- spect to the disposition of game lawfully killed (Hx parte Knapp, 127 Cal. 101, 59 Pac. 315); an ordinance prohibiting the employment of females in dance-halls, ete. (Matter of Maguire, 57 Cal. 604. But see Ex parte Felchlin, 96 Cal. 360, 31 Pac. 224.) License regulations.—An ordinance requiring @ license tax from all peddlers of meat, fish, vegetables, fruit, game, poultry, ete., is valid. (Ex parte Heyl- man, 92 Cal. 492, 28 Pac. 675.) An ordinance requiring a license to be obtained by every. person who at a fixed place of business sells any goods, ete., is authorized by this section. (Hx parte Mount, 66 Cal. 448, 6 Pac. 78; San Luis Obispo v. Greenberg, 120 Cal. 300, 52 Pac. 797.) An ordinance imposing. upon traveling salesmen a license tax of fifty dollars per quarter is valid, al- though a less amount is imposed upon those who sell at a fixed place of business. (Ex parte Haskell, 112 Cal. 412, 44 Pac. 725.) An ordinance requiring all persons engaged in the business of raising, grazing, herding, or pasturing sheep in the county to pay an annual license of fifty dollars for every thousand sheep is valid. (Ex parte Mirande, 73 Cal. 365, 14 Pac. 888.) An ordinance levying a license tax upon all sheep which are pastured in the county, except sheep listed as taxable property in the county, and upon which 251 CONSTITUTION OF 1879. Art. XI, §11 taxes are paid, is not a valid police regulation. (Las- sen Co. v. Cone, 72 Cal. 387, 14 Pac. 100.) A municipal ordinance which, under the guise of a revenue measure, attempts to put an end to the issue of trading stamps, by levying an excessive tax upon that business, however small their monthly sales, assuming to exact from them a tax eight times that reauired of merchants doing the largest busi- ness, is unreasonable and void. (Hx parte McKenna, 126 Cal. 429, 58 Pac. 916.) An ordinance requiring a license fee of fifty dollars a month for carrying on a saloon, where liquors are sold or given away in quantities less than a gallon, will not be presumed to be oppressive, unreasonable, or prohibitory of trade. (In re Guerrero, 69 Cal. 88, a0: Pac. 261.) A county may impose a license tax upon the sale of spirituous liquors. (Hx parte Wolters, 65 Cal. 269, 3 Pac. 894.) An ordinance making it a misdemeanor to sell liquors without a license is a valid police regulation. (In re Stuart, 61 Cal. 374.) An ordinance establishing a license tax of twenty- five dollars a month for the sale of spirituous and fermented liquors is not unreasonable, oppressive, or in restraint of trade. (Ex parte Benninger, 64 Cal. 291, 30 Pac. 846.) A county ordinance providing a smaller license tax for the sale of spirituous liquors at wayside inns and rural watering places than when sold in a city. is not unlawful as unreasonable, oppressive, or in re- straint of trade. (Amador Co. v. Kennedy, 70 Cal. 458, 11 Pac. 7572) The same is true of an ordinance imposing a higher tax upon such saloons. (Ex parte Stephen, 114 Cal. 278, 46 Pac. 86.) An ordinance imposing an annual tax of two hun- dred dollars upon the business of selling spirituous liquors within the city limits is valid. (Ex parte Mc- Nally, 73 Cal. 632, 15 Pac. 368.) F An ordinance providing that a liquor license can only be obtained upon petition to the city council of the applicant, accompanied by a certificate of five respectable citizens of the neighborhood in which Art. XI,§12 CONSTITUTION oF 1879, 252 the business is to be conducted as to his character, and upon a determination by the board that he is qualified to carry on the business, is valid. (In re Bickerstaff, 70 Cal. 35, 11 Pac. 393.) An ordinance purporting to regulate the business of selling liquors, but in fact prohibiting the sale thereof, cannot be upheld. (Merced Co. v. Flemming, 111 Cal. 46, 48 Pac. 392.) An ordinance imposing a license tax for carrying on the “business” or “occupation” of retail liquor dealer in a ‘‘retail liquor establishment,” is a tax upon the business and not upon the articles sold. (Los Angeles v. Eikenberry, 131 Cal. 461.) A county ordinance imposing a liquor license tax | of thirteen dollars per month is reasonable. (Los Angeles v. Hikenberry, 181 Cal. 461.) Sec. 12. The legislature shall have no power to impose taxes upon counties, cities, towns, or other public or municipal corporations, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. TAXATION FOR MUNICIPAL PURPOSES.— Under this section the whole subject of county and municipal taxes for local purposes is relegated to the corporate authorities thereof, and the legislature has no power to impose any tax whatever within those territories for local purposes. (San Francisco v. In- surance Co., 74 Cal. 118, 15 Pac. 380.) The legislature cannot directly exercise the power of assessment within an incorporated city, but may empower the municipal authorities to do so. (People v. Lynch, 51 Cal. 15.) The legislature has power to direct and control the affairs and property of a municipal corporation for municipal purposes, and may for such purposes so control its affairs by appropriate legislation as ulti- 253 - CONSTITUTION OF 1879. Art. XI, §12 mately to compel it, out of the funds in its treas- ury, or by taxation, to pay a demand which in good conscience it ought to pay. (Sinton v. Ashbury, 41 Cal. 525.) . The legislature may authorize the authorities of a city to purchase an agricultural park, to issue bonds in payment therefor, and to levy a tax for the pay- ment of the same. (Bank of Sonoma v. Fairbanks, 52 Cal. 196.) The power of a county or other public corporation to impose taxes is only that which is granted by the legislature. (Hughes v. Ewing, 93 Cal. 414, 28 Pac. 1067.) The legislature cannot impose a tax upon the prop- -erty or inhabitants of a school district, without leav- ing any discretion in regard thereto to the local au- thorities. (McCabe y. Carpenter, 102 Cal. 469, 36 Pae. 836.) A local board cannot be authorized to levy local. taxes and assessments for a general public purpose. (People v. Parks, 58 Cal. 624.) The act of 1876, authorizing the construction of a bridge, and declaring that the cost should be assessed upon certain specified lands, and providing for a com- mission to apportion the cost, was held constitutional. (Pacific Bridge Co. v. Kirkham, 64 Cal. 519, 2 Pac. 409.) An act providing for the completion of the city hall in San Francisco, and providing that the work should only be done after the board of supervisors declare that they deem the work expedient, is not vio- lative of this, section. (People v. Bartlett, 67 Cal. 156, 7 Pac. 417.) This section does not prevent a city from provid- ing in a freeholders’ charter for taxation for mu- nicipal purposes. (Security Sav. ete. Co. v. Hinton, 97 Cal. 214, 32 Pac. 3.) The words “corporate authorities thereof’ are to be construed distributively as referring to the gev- erning body of each of the several municipalities and quasi municipalities referred to in the section, and as importing the legislative department of the mu- nicipality only. (Board of Education vy. Board of Trustees, 129 Cal. 599, 62 Pac. 178.) Constitution—22 Art. XI,§12 coNsTITUTION oF 1879. 254 The provision of the fee bill of 1895, requiring the payment of one dollar for each one thousand dollars, in excess of three thousand dollars, of the ‘appraised value of an estate, upon the filing of the inventory, is in violation of this section. (Fatjo v. Pfister, 117 Cal. 83, 48 Pac. 1012.) An act requiring foreign insurance corporations to pay to the county treasurer a certain proportion of premiums received by them, to constitute a firemen’s relief fund, to be under the control of the fire com- missioners, is in violation of this section. (San Fran- cisco v. Insurance Co., 74 Cal. 1138, 15 Pac. 380.) An act validating a void assessment is contrary to the provisions of this section. (Brady v. King, 53 Cal. 44; Taylor v. Palmer, 31 Cal. 240; People: v. Lynch, 51 Cal. 15; Schumaker vy. Toberman, 56 Cal. 508; Fanning v. Schammel, 68 Cal. 428, 9 Pac. 427; Kelly v. Luning, 76 Cal. 309, 18 Pac. 335.) An act requiring the trustees of a swamp land reclamation district to make up a sworn statement of the cost of the reclamation work, “‘based upon the books and vouchers thereof,’ and requiring the amount so reported to be assessed upon the lands of the district, is violative of the provisions of this sec- tion. (People v. Houston, 54 Cal. 536.) The act of 1891, permitting the organization and creation of sanitary districts, is not in violation of this section, since such districts do not necessarily include municipal corporations. (Woodward v. Fruit- vale Sanitary Dist., 99 Cal. 554, 34 Pac. 239.) An act authorizing the county superintendent of schools to furnish the board of supervisors an esti- mate of a tax, and making it the duty of the board to proceed to fix a rate which will realize the amount of the estimate, is void. (McCabe v. Carpenter, 102 Cal. 469, 36 Pac. 836.) This section does not invalidate the provisions of the Political Code making the city of Hureka liable for the expense of work on Humboldt bay outside of the city—that provision having been enacted prior to the new constitution. (Quigg v. Evans, 121 Cal. 546, 53 Pac. 1092.? License taxes.—A license tax graduated according to the amount of the monthly sales of the mercham 255 . CONSTITUTION OF 1879. Art. XI, §12 is valid, since it applies uniformly to all persons in the same category. (Sacramento y. Crocker, 16 Cal. 119.) A law imposing upon a person residing in a given section of the state a license as a merchant without reference to his occupation would be void. (Hx parte Ah Pong, 19 Cal. 106.) Under this section a municipality may impose a license tax for the purpose of revenue. (In re Guer- rero, 69 Cal. 88, 10 Pac. 261.) This section authorizes the imposition by a county of a license tax on the sale of spirituous liquors and the appointment of a suitable person to collect the same. (In re Lawrence, 69 Cal. 608, 11 Pac. 217.) A license imposed by the legislature for carrying on the business of selling goods, etc., at a fixed place of business, is a “tax’’ within the meaning of this section, and, being for county purposes, is in viola- tion of this section. (People v. Martin, 60 Cal. 153.) A county ordinance imposing a license tax upon every person engaged in the business of raising, graz- ing, herding, or pasturing sheep, ete., within the county, is authorized by this section. (El Dorado v. Meiss, 100 Cal. 268, 34 Pac. 716.) The fact that such ordinance applies to nonresidents as well as residents, instead of being an objection to the validity of the tax, is essential to sustain its validity. (Hl Dorado v. Meiss, 100 Cal. 268, 34 Pac. 716.) A city ordinance regulating liquor licenses, and a section of the city charter giving the city a remedy by civil action in any case where a person, required by any ordinance to take out a license and to pay therefor, shall fail to do so, are not in conflict with this section. (Sacramento v. Dillman, 102 Cal. 107, 36 Pac. 385.) When the right to collect a license tax by suit is limited to instances in which the persons commenced some “business,” no action can be maintained to re- cover a license tax for the sale of intoxicating liquors, since such sale is not a business. (Merced Co. v. Helm, 102 Cal. 159, 36 Pac. 399.) But an ordinance requiring ‘every person who in any saloon, etc., sells or gives away” any intoxicat- Art. XI,§18 coNsTITUTION oF 1879. 256 ing liquor to pay a license tax, should be construed as a tax upon the business. (Ex parte Mansfield, 106 Cal. 400, 39 Pac. 775. Merced Co. v. Helm, 102 Cal. 159, 36 Pac. 399, distinguished. See, also, Ex parte Seube, 115 Cal. 629, 47 Pac. 596.) Where a county passed an ordinance requiring a high license tax for the sale of intoxicating liquors, but fixing no penalty for engaging in the business, the ordinance is not to be regarded as the exercise of the police power, but as a revenue measure. (Mer- ced Co. v. Helm, 102 Cal. 159, 36 Pac. 399.) A county ordinance imposing a license for revenue on the business of liquor dealer is valid, and such license may be collected within cities. (Ex parte Mansfield, 106 Cal. 400, 39 Pac. 775; Ventura Co. vy. Clay, 112 Cal. 65, 44 Pac. 488.) This section does not prohibit the legislature from enacting a law preventing counties, cities, etc., from levying and collecting a license tax for revenue. (Hx parte Ptirrman, 22 Cal. Dec. 411.) Sec. 13. ' The legislature shall not delegate to any special commission, private corporation, com- pany, association, or individual, any power to make, control, appropriate, supervise, or in any way interfere with, any county, city, town, or municipal improvement, money, property, or ef- fects, whether held in trust or otherwise, or to levy taxes or assessments, or perform any munici- pal functions whatever. MUNICIPAL FUNDS.—This section is prospec- tive, and applies only to legislation enacted after ~ its adoption.* (Commissioners v. Trustees, 71 Cal. , o10. "12 -Pae. 1224.) The legislature may direct a municipality to audit and allow claims against the municipality. (People v. Supervisors, 11 Cal. 206.) This section equally forbids the legislature from delegating to a municipal corporation power to do ARTICLE XI1.- No Delegation as to Municipal Improvements to Private Corpora- tions—Exception. Section 13. The legislature shall not delegate to any special commission, private corporation, company, association or in- dividual any power to make, control, appropriate, supervise or in any way interfere with any county, city, town or municipal im- provement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments or perforin any munic- ipal function whatever, except that the legislature shall have power to provide for the supervision, regulation and conduct, in such manner as it may determine, of the affairs of irrigation dis- tricts, reclamation or drainage districts, organized or existing under any law of this state. (Adopted November 3, 1914.) ARTICLE XI. Place of Payment ‘of Municipal Bonds. Section 13144. Any county, city and county, city, town, munic- ipality, irrigation district, or other public corporation, issuing bonds under the laws of the state, is hereby authorized and em- powered to make said bonds and the interest thereon payable at any place or places within or outside of the United States, and in any money, domestic or foreign, designated in said bonds. (Adopted November 3, 1914.) “257 CONSTITUTION OF 1879. Art. XI,§13 what the legislature is itself forbidden from doing by this section... (Yarnell v. Los Angeles, 87 Cal. 603, 25 Pac. 767.) The legislature has no control over funds of a municipality except to appropriate them for munici- pal purposes or in satisfaction of some valid claim against the municipality. (Conlin v. Supervisors, 114 Cal. 404, 46 Pac. 279.) An act creating a police life and health insurance fund does not create a “special commission” within the meaning of this section. (Pennie y. Reis, 80 Cal. 266, 22) Pac.’17T6.) Where an act leaves it discretionary with the local legislative body whether or not the improvement shall be made, but provides that, if done, it shall be done by a commission created by the act, it is not in vio- lation of this section. (Lent vy. Tillson, 72 Cal. 404, 14 Pac. 71.) An act providing for the commitment of minor criminals to nonsectarian charitable corporations, the expense of maintenance to be paid by the county, is not in violation of this section. (Boys’ and Girls’ Aid Soc. v. Reis, 71 Cal. 627, 12 Pac. 796.) Where commissioners to open streets are simply made the agents of the municipality, and act under the direction of the city authorities, this section is not violated. (Davies v. Los Angeles, 86 Cal. 37, 24 Pace Tis.) The act of 1891, permitting the organization and creation of sanitary districts, is not in conflict with this section, since such districts do not necessarily include municipal corporations. (Woodward y. Fruit- vale Sanitary Dist., 99 Cal. 554, 34 Pac. 289.) An ordinance providing that municipal bonds shall be payable outside of the state, at a bank in New York, is in violation of this section. (Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 580.) But a contract by the board of supervisors for the sale of bonds at par, to be made payable at a bank in another county, does not constitute such bank a custodian of county funds, or the agent of either party. (Mack vy. Jastro, 126 Cal. 130, 58 Pae. 372.) A statute conferring upon the supervisors power to license individuals to take tolls on a public road, as Art. XI, §§ 14-16 CONSTITUTION oF 1879. 258 compensation for keeping the road in repair, is not in violation of this provision. (Blood vy. McCarty, 112 Cal. 561, 44 Pac. 1025.) An act allowing county officers to appoint deputies, whose salaries are fixed by the act and made payable out of the county treasury, is not in violation of this section. (Tulare Co.’ v. May, 118 Cal. 303, 50 Pac. 427.) An act permitting the county clerk to make the compensation of the number of deputies he may see fit to appoint a charge upon the county treasury violates this section. (San Francisco v. Broderick, 125 Cal. 188, 57 Pac. 887.) The authority given by the Vrooman Act to the contractor to collect the assessment is not a delega- tion of a municipal function. (Banaz vy. Smith, 21 Cal. Dec. 735.) Sec. 14. No state office shall be continued or created in any county, city,.town, or other mu- nicipality, for the inspection, measurement, or graduation of any merchandise, manufacture, or commodity; but such county, city, town, or mu- nicipality may, when authorized by general law, appoint such officers. This section abolished the office of inspector of gas meters created by section 577 et seq. of the Political Code. (Condict v. Police Court, 59 Cal. 278.) Sec. 15. Private property shall not be taken or sold for the payment of the corporate debt of any political or municipal corporation. Sec. 16. All moneys, assessments, and taxes belonging to or collected for the use of any county, city, town, or other public or municipal corpora- tion, coming into the hands of any officer thereof, Const.: “Art. XI, Sec. 14. Uniform weights and measures. Section 14. The legislature may by general and uniform laws provide for the inspection, measurement and graduation of mer- chandise, manufactured articles and commodities, and may pro- vide for the appointment of such officers as may be necessary for such inspection, measurement and _ graduation. [Amendment adopted October 10, 1911.] 259 CONSTITUTION OF 1879. Art. XI, §§ 17,18 shall immediately be deposited with the treasurer, or .other legal depositary, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they respectively belong. MUNICIPAL FUNDS.—This section only relates to those officers who rightfully or officially receive ‘money for the county. (San Luis Obispo v. Farnum, 108 Cal. 562, 41 Pac. 445.) The words “legal depositary” do not include a private individual or corporation. (Yarnell v. Los Angeles, 87 Cal. 603, 25 Pac. 767.) An ordinance providing that municipal bonds shall be payable outside of the state, at a bank in New York, is in violation of this provision. (Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 580.) Funds of a school district are not subject to the control of the county. (Pacifie ete. Ins. Co. v. San Diego, 112 Cal. 314, 41 Pac. 423, 44 Pac. 571.) A contract by a municipal corporation making the bank which will pay the highest rate of interest a depository of the public moneys of the city is in vio- lation of this section. (Yarnell v. Los Angeles, 87 Cal. 603, 25 Pac. 767.) See. 17. The making of profit out of county, city, town, or other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law. Sec. 18. No county, city, town, township, board of education, or school districts, shall in- eur any indebtedness or liability in any manner or for any purpose exceeding in any year the in- Art. XI,;§18 CONSTITUTION oF 1879. 260 come and revenue provided for such year, with- out the assent of two-thirds of the qualified elec- tors thereof, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall ke made for the collection of an annual tax suffi- cient to pay the interest on such indebtedness as it falls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of. contracting the same; provided, however, that the city and county of San Francisco may at any time pay the unpaid claims, with interest thereon at the rate of five per cent. per annum, for materials furnished to and work done for said city and county during the forty-first, forty-second, forty- third, forty-fourth, and fiftieth fiscal years, and for unpaid teachers’ salaries for the fiftieth fiscal year, out of the income and revenue of any suc- ceeding year or years, the amount to be paid in full of said claims not to exceed in the ag- eregate the sum of five hundred thousand dollars, and that no statute of limitations shall apply in any manner to these claims; and provided further, that the city of Vallejo, of Solano county, may , pay its existing indebtedness, incurred in the con- struction of its waterworks, whenever two-thirds of the electors thereof, voting at an election held for that purpose, shall so decide, and that no Constitutional Amendments, 1915 _ARTICLE XI. Municipal Debt Incurred in Any Year not to Exceed Income— Aid by Alameda to Panama-Pacific International Exposition. Section 18. No county, city, town, township, board of educa- tion, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two- thirds of the qualified electors thereof, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same; provided, however, that the city and county of San Fran- cisco may at any time pay the unpaid claims, with interest there- on at the rate of five per cent per annum, for materials furnished to and work done for said city and county during the forty-first, forty-second, forty-third, forty-fourth, and fiftieth fiscal years, and for unpaid teachers’ salaries for the fiftieth fiscal year, out of the income and revenue of any succeeding year or years, the amount to be paid in full of said claims not to exceed in the aggregate the sum of five hundred thousand dollars, and that no statute of limitations shall apply in any manner to these claims; and proe* vided, further, that the city of Vallejo, of Solano county, may ‘pay its existing indebtedness, incurred in the construction of its waterworks, whenever two-thirds of the electors thereof, voting at an election held for that purpose, shall so decide, and that no statute of limitations shall apply in any manner. Any indebted- ness or liability incurred contrary to this provision, with the ex- ceptions hereinbefore recited, shall be void. The city and county of San Francisco, the city of San Jose, and the town of Santa Clara may make provision for a sinking fund, to pay the prin- cipal of any indebtedness incurred, or to be hereafter incurred by it, to commence at a time after the incurring of such indebted- ness of no more than a period of one-fourth of the time of maturity of such indebtedness, which shall not exceed seventy- five years from the time of contracting the same. SH Or ID OR ge te od 10. a: 12. 13. 14. 16. i: 18. 19. ARTICLE XII. CORPORATIONS. | Corporations to be formed under general laws. Dues to be secured by individual liability, ete. Stockholders to be individually liable. Corporations construed. Banking prohibited. Existing charters, when invalid. Charters not to be extended, nor forfeiture re- mitted. All franchises subject to the right of eminent domain. Restrictions on powers of corporations. Liabilities of franchise under lease or grant. Corporation stock, restriction on issue of. Election of directors—Cumulative or distribu- tive votes. : State not to loan its credit nor subscribe to stock of corporations. Corporations to have office for transaction of business in stocks. Foreign corporations, conditions. Corporations, where to be sued. Transportation companies, rights and liabili- ties of. ; Officers of corporations, restriction as to in- terests. Free passes on railroads prohibited to state officials, 2th CONSTITUTION OF 1879. Art. XII, §1 § 20. Fares and freights to be regulated by govern- ment. § 21. Discrimination in charges by carriers forbid- den. § 22. Railroad districts, organization of. § 23. Temporary railroad districts. § 24. Legislature to pass laws to enforce this article. Section 1. Corporations may be formed under general laws, but shall not be created by special act. All laws now in force in this state concern- ing corporations, and all laws that may be here- after passed pursuant to this section, may be altered from time to time or repealed. CORPORATIONS—What are.—A levee district is not a private corporation, neither is it.a municipal corporation, but it belongs to a class by itself, the creation, organization, and control of which 1s not limited by the constitution. (People v. Levee Dist. No. 6, 181 Cal. 30.) Prior to the new constitution, a reclamation dis- trict was held to be a public corporation, which could be created by special act. (Reclamation Dist. No. 124 v. Gray, 95 Cal. 601, 30 Pac. 779.) Creation of.— The legislature cannot confer upon corporations any powers or grant them any privileges by special act. (San Francisco v. Spring Valley W. W., 48 Cal. 493.) A corporation sole can be created only by com- pliance with the provisions of the Civil Code. (Blakeslee v. Hall, 94 Cal. 159, 29 Pac. 623.) This section does not prohibit the assignment of a franchise to a legally organized corporation, by per- sons having the lawful right to exercise and transfer the same—this section referring only to power directly conferred upon corporations by the legislature. (Peo- ple v. Stanford, 77 Cal. 360, 18 Pac. 85, 19 Pac. 693.) A law providing a special method of assessment and collection of taxes against railroads situated in Art. 201135 1 CONSTITUTION OF 1879. 272 more than one county is not in violation of this sec- tion. (People v. Central Pac. R. R. Co., 105 Cal. 576, 88 Pac. 905. People v. Central Pac. R. R. Co., 83 Cal. 393, 238 Pac. 303, overruled.) An act “to establish water rates in the city and county of San Francisco,” and a supplemental act, held unconstitutional in so far as they attempt to pro- vide a mode of fixing rates to be charged by corpora- tions in San Francisco differing from the mode pro- vided for other corporations by general laws. (San Francisco v. Spring Valley W. W., 53 Cal. 608; Spring Valley W. W. v. Bryant, 52 Cal. 182; San Francisco v. Spring Valley W. W., 48 Cal. 493.) An act which authorizes the board of supervisors of a county to grant certain privileges to a particu- lar corporation is void. (Waterloo ete. Road Co. v. Cole, 51 Cal. 381.) An act which grants to individuals powers and privileges, and provides that the act shall not take effect unless such persons incorporate within a given time, is a grant to the corporation, and void. (San Francisco v. Spring Valley W. W., 48 Cal. 4938; Cali- fornia State Tel. Co. v. Alta Tel. Co., 22 Cal. 398; disapproved.) ‘ Under this section the legislature cannot by special act change the name of a corporation, but-~-may by general law provide for such change by the superior court upon application of the incorporators. (Matter of La Société Francaise, ete., 123 Cal. 525, 56 Pae. 458. See, also, Pacific Bank v. De Ro, 37 Cal. 538.) An act granting to certain individuals the exclusive right to a line of telegraph does not violate this sec- tion. (California State Tel. Co. v. Alta Tel. Co., 22 Cal. 398. But see San Francisco v. Spring Valley W. W., 48 Cal. 493.) Where a franchise is conferred by the legislature to certain individuals to supply a town with water, and they afterward sell such franchise to a corpo- ration, this section is not violated. (San Luis Water Co. v. Estrada, 117 Cal. 168, 48 Pac. 1075. San Fran- cisco v. Spring Valley W. W., 48 Cal. 493, distin- guished.) An act conferring the power of appointing boards of examiners upon three named societies, which are 273 CONSTITUTION OF 1879. Art. X11,.§ 2 said to be “existing corporations,” held not to be in conflict with this section, as the power is not con- ferred upon them as corporations—the expression “existing corporations” being merely descriptio per- sonarum. (Ex parte Frazer, 54 Cal. 94; Ex parte Mc- Nulty, 77 Cal. 164, 19 Pac. 237; Ex parte Johnson, 62 Cal. 263.) This provision continued in force section 359 of the Code of Civil Procedure, limiting the time within which an action can be brought to enforce the stock- holders’ personal liability. (Santa Rosa Nat. Bank y. Barnett, 125 Cal. 407, 58 Pace. 85.) Alteration and repeal of charters.—The right to alter and repeal is not without limit; it must be rea- sonable. Sheer oppression and wrong cannot be in- -flicted under the guise of amendment or alteration. {Spring Valley W. W. v. San Francisco, 61 Cal. 3.) The power of the legislature to alter and amend under this section does not authorize the legislature, while the corporation exists, to deprive it of the rights guaranteed to it by the federal constitution, to due process of law, and to the equal protection of the laws, nor to alter the charter of foreign cor- porations doing business in this state.. (Johnson vy. Goodyear Min. Co., 127 Cal. 4, 59 Pac. 304.) A provision in the charter of a water company permitting it to name two out of five commissioners to fix water rates is simply a privilege, and not a contract with the company, and may be repealed at any time. (Spring Valley W. W. v. San Francisco, 61 Cal. 3.) The legislature may, under the reserved power, pro- vide for the consolidation of corporations by a ma- jority vote of the stockholders, without reference to the will of the dissenting stockholders. (Market Street Ry. Co. v. Hellman, 109 Cal. 571, 42 Pac. 225.) Under this provision the people of the state have power to change the law as to the liability of stock- holders. (McGowan v. McDonald, 111 Cal. 57, 43 Pac. 418.) See. 2. Dues from corporations shall be se- cured by such individual liability of the corpo- AE ESE Sa CONSTITUTION OF 1879. 274 rators and other means as may be prescribed by law. See. 3. Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred, dur- ing the time he was a stockholder, as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock, or shares of the corporation or association. ‘The directors or trustees of corporations and joint-stock as- sociations shall be jointly and severally liable to the creditors and stockholders for all moneys em- bezzled or misappropriated by the officers of such corporation, or joint-stock association, during the term of office of such director or trustee. STOCKHOLDERS’ LIABILITY—In general.—Un- der this section a stockholder cannot be exempted by law from his individual liability. (McGowan v. McDonald, 111 Cal. 57, 43 Pac. 418.) A somewhat similar provision of the former con- stitution was held not to be self-executing. (French v. Teschemaker, 24 Cal. 518.) The former constitution left it to the legislature to prescribe the rule by which each stockholder’s proportion should be ascertained. (Larrabee y. Bald- win, 35 Cal. 155.) Under tbe former constitution it was held that any one creditor, whose debt was sufficient, might collect from one particular stockholder the entire amount of his liability on all the corporate debts, leaving him to seek contribution out of his co-stock- holders. (Larrabee v. Baldwin, 35 Cal. 155.) While it has never been decided whether or not this rule applies under the present constitution, it has to CONSTITUTION OF 1879. Art. XII, §3 been said that “all” the debts means every debt of the company; and therefore any creditor is entitled to sue any stockholder for his proportion of the in- debtedness of the company to such creditor, without reference to the other debts of the corporation. (Mor- row v. Superior Court, 64 Cal. 383, 1 Pac. 354.) An act authorizing the formation of corporations, without attaching to the stockholders an individual Jiability would be unconstitutional, and the persons organized under such an act would acquire none of the rights of a corporation. (French v. Teschemaker, 24 Cal. 518.) But the creditors of a corporation may waive the personal liability of the stockholders at the time of contracting with the corporation. (French vy. Tesche- maker, 24 Cal. 518.) A depositor in a savings bank does not waive the personal liability of the stockholders by an unsigned agreement printed in the book of each depositor, nor by a printed release of liability inserted in the signa- ture-book, to which no special subscription was made by the depositors. (Wells v. Black, 117 Cal. 157, 48 Pac. 1090.) . _A by-law of a corporation that the stockholders shall not be personally liable for the debts of the corporation is void. (Wells v. Black, 117 Cal. 157, 48 Pac. 1090.) A law limiting the time within which an action can be brought under this section to three years from the ereation of the liability is valid. (Santa Rosa Nat. Bank v. Barnett, 125 Cal. 407, 58 Pac. 85.) An act authorizing a city to subscribe to the stock of a corporation, provided the corporation should make it a condition of all contracts entered into by it that the city should not be liable as a stockholder, is not invalid as taking away the liability fixed by the constitution. (Irench y. Teschemaker, 24 Cal. 518.) One stockholder may enforce the personal liability of other stockholders in the corporation for a debt due such stockholder from the corporation. (Brown v. Merrill, 107 Cal. 446, 40 Pac. 557; Knowles v. San- dercock, 107 Cal. 629, 40 Pac. 1047.) - Art. XII; §3 CONSTITUTION OF 1879. 276. This provision applies to corporations formed be- fore as well as after the adoption of the new consti- tution. (McGowan vy. McDonald, 111 Cal. 57, 48 Pac. 418.) Uneder a like provision in the constitution of Kan- sas it was held that it was enforceable in this state against California stockholders in a Kansas corpora- tion. (Ferguson v. Sherman, 116 Cal. 169, 47 Pae. Ne) When it attaches.—This section has no application to liabilities of stockholders which accrued prior to its adoption. (Harmon y. Page, 62 Cal. 448.) A subscriber for shares is responsible as a stock- holder, although he has not paid for his stock or re- ceived a certificate therefor. (Mitchell v. Beckman, 64) Calio1lT, 28. Paceli0.) A pledgee of stock is not a stockholder within the meaning of this section. (Borland v. Nevada Bank, 99 Cal. 89, 33 Pac. 737.) The liability of the stockholder is dependent upon the fact that he is a stockholder at the time the debt is created, and such liability cannot be extended by the corporation by a note given for an indebtedness not created while he was a stockholder, by suffering a judgment to be recovered on such indebtedness, or in any other manner. (Winona Wagon Co. vy. Bull, 108 Cal. 1, 40 Pac. 1077; Larrabee v. Baldwin, 35 Cal. 155; Danielson v. Yoakum, 116 Cal. 382, 48 Pac. 322; Partridge v. Butler, 113 Cal. 326, 45 Pac. 678; Santa Rosa Nat. Bank v. Barnett, 125 Cal. 407, 58 Pac. 85.) The liability of a stockholder in a savings bank accrues at the time of the acceptance of the deposit. (Wells v. Black, 117 Cal. 157, 48 Pac. 1090.) A stockholder in a savings bank is liable for his proportion of a deposit in such bank. (Wells v. Black, 117 Cal. 157, 48 Pac. 1090.) ; A liability for overdrafts to a bank is created upon the daily balances against the corporation shown by the account. (Santa Rosa Nat. Bank v. Barnett, 125 Cal. 407, 58 Pac. 85.) The liability of a corporation for the services of an attorney is not created until the rendition of the services. (Johnson vy. Bank of Lake, 125 Cal. 6, 57 Pac. 664.) : 277 CONSTITUTION OF 1879. Art. XII, §3 Where an accommodation indorser of the note of a corporation pays the same, the debt is extinguished and the stockholders’ liability upon the debt comes to an end, and neither under the doctrine of equitable assignment nor of subrogation can it be transferred as a live and subsisting obligation, but at the time of payment by the indorser a new liability springs up against the corporation and its stockholders, a lia- bility upon an implied contract to reimburse what has been expended, including costs and expenses. (Yule v. Bishop, 22 Cal. Dec. 255.) Nature of.—An action to recover upon the liability of a stockholder is an action at law. (Morrow v. Superior Court, 64 Cal. 388, 1 Pac. 354.) A stockholder’s liability is a “liability created by law.” (Moore v. Boyd, 74 Cal. 167, 15 Pac. 670; Hunt v. Ward, 99 Cal. 612, 34 Pac. 335.) i It is also a liability created by statute. (Bank vy. Pacific Coast S. S. Co., 108 Cal. 594, 37 Pac. 499.) It is also an obligation arising upon _ contract. (Dennis vy. Superior Court, 91 Cal. 548, 27 Pac. 1031; Kennedy v. California Sav. Bank, 97 Cal. 98, 31 Pac. 846.) The obligation of stockholders is direct and pri- mary. They are principal debtors, and not sureties of the corporation, and their liability is not contin- gent upon a recovery against the corporation, nor is it affected by a suspension or renewal as to the cor- poration. (Faymonville v. McCollough, 59 Cal. 285; Davidson v. Rankin, 34 Cal. 503; Hyman v. Cole- man, 82 Cal. 650, 23 Pac. 62; Mitchell v. Beckman, 64 Cal. 117, 28 Pac. 110.) Stockholders are not jointly and severally liable, but each stockholder is severally liable for his pro- portion of the indebtedness, and when he has paid his portion of any debt, or of all the debts of the _ corporation, he is freed from all liability, and has no cause of action against any other stockholder for money so paid. (Brown v. Merrill, 107 Cal. 446, 40 Pac. 557; Derby v. Stevens, 64 Cal. 287, 30 Pac. 820.) The mere fact that the corporation has pledged to the debtor certain property as security for the debt dces not prevent the debtor from suing the stock- Constitution—24 ALGAE 5 CONSTITUTION OF 1879. 278 © holders. (Sonoma Valley Bank v. Hill, 59 Cal. 107.) A judgment against the corporation does not ex- tinguish, suspend, or merge the liability of the stock- holders. (Young v. Rosenbaum, 39 Cal. 646.) Nor does such a judgment prolong the time within which an action may be maintained against the stock- holders. (Stilphen v. Ware, 45 Cal. 110.) An action may be maintained against the stock- holders, although the debt is secured by a mortgage of the corporation which has not been foreclosed. (Knowles v. Sandercock, 107 Cal. 629, 40 Pae. 1047.) Stockholders are liable for interest as well as prin- cipal. (Wells, Fargo & Co. v. Enright, 127 Cal. 669, 60 Pac. 4389.) A stockholder of an insolvent bank has no right to share in the dividends of the bank by way of sub- rogation to the rights of a creditor to whom he has paid his proportionate share of his claim. (Sacra. mento Bank vy. Pacific Bank, 124 Cal. 147, 56 Pace. 787.) Release of.—Whenever a debt of a corporation is satisfied in part, there is also pro tanto a discharge of the liability of the stockholders. (San Jose Sav. Bank yv. Pharis, 58 Cal. 380.) Where a creditor of a corporation releases a stock- holder from all personal liability, he thereby dis- charges the corporation and other stockholders to the Same extent as the one to whom the release is exe- cuted. If the release is for the releasee’s propor- tion, the company and other stockholders are only released pro tanto. (Prince v. Lynch, 38 Cal. 528.) Practice.—A complaint to recover on the _ stock- holder’s liability must state the amount of the whole number of shares subscribed for. (Bidwell v. Bab- cock, 87 Cal. 29, 25 Pac. 752; Roebling’s Sons Co. vy. Butler, 212 Cal GT, 40) Paces As to the form of the complaint generally, see Duke \ v. Huntington, 130 Cal. 272, 62 Pac. 510; Whitehurst v. Stuart, 129 Cal. 194, 61 Pac. 968. The complaint must show affirmatively that the de- fendant was a stockholder when the debt was in- curred, and a mere allegation that he was a stock- holder when the note was executed is insufficient. 279 ' CONSTITUTION OF 1879. Art. XII, § 4 (Case Plow Works v. Montgomery, 115 Cal. 380, 47 Pac. 108.) A creditor is not bound to exhaust the remedies against the corporation before proceeding against the stockholder. (Morrow vy. Superior Court, 64 Cal. 383, 1 Pac. 354.) The provisions of this section do not oust a court of equity of jurisdiction to compel stockholders to pay for the benefit of creditors the amount of the capital stock subscribed for by them. (Harmon vy. Page, 62 Cal. 448.) Although the liability of the stockholder is that of an original debtor, it is proper to plead the debt as that of the corporation. (Knowles v. Sanderecock, 107 Cal. 629, 40 Pac. 1047.) Where one stockholder pays a note of the corpora- tion, and sues the other stockholders for contribu- tion, the superior court has no jurisdiction, if the several amounts asked against each stockholder are less than three hundred dollars. (Myers v. Sierra Valley etc. Co., 122 Cal. 669, 55 Pac. 689.) LIABILITY OF DIRECTORS.—This provision only applies to such misappropriations of moneys as are similar to embezzlement, consisting of the misappro- priations of funds intrusted to an officer for a par- ticular purpose, by devoting them to some unauthor- ized purpose, and does not apply to the payment of an extravagant price for services or materials properly appertaining to the business of the corpora- tion. (Fox y. Hale & Noreross ete. Min. Co., 108 Cal. 369, 41 Pac. 308.) An action at law on behalf of one or more of the creditors of a corporation cannot be sustained under the provision as to the liability of directors, but the only proper remedy is a bill in equity where all the creditors are parties, or are represented, and in which there can be an accounting after ascertain- ment of facts. (Winchester v. Mabury, 122 Cal. 522, 55 Pac. 393.) Sec. 4. The term corporations, as used in this article, shall be construed to include all associa- Art. XII, §§ 5-7 CONSTITUTION oF 1879. 280 tions and joint-stock companies having any of the powers or privileges of corporations not pos- sessed by individuals or partnerships; and all cor- porations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 5. The legislature shall have no power to pass any act granting any charter for banking purposes, but corporations or associations may be formed for such purposes under general laws. No corporation, association, or individual shall issue or put in circulation, as money, anything but the lawful money of the United States. BANKING CORPORATIONS.—A corporation may be formed for the purpose of receiving deposits and loaning money, and if it does not issue paper to cir- culate as money, it is not a bank, although it is called such. (Bank of Sonoma v. Fairbanks, 52 Cal. 196.) Sections 34 and 35, article 4, of the constitution of 1849 did not prohibit the formation of banking cor- porations for the purpose of deposit and loan, which do not issue paper to circulate as money. (Bank of Martinez v. Hemme etc. Land Co., 105 Cal. 376, 38 Pac. 9638.) Sec. 6. All existing charters, grants, franchises, special or exclusive privileges, under which an actual and bona fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity. Sec. 7% The legislature shall not extend any franchise or charter, nor remit the forfeiture of a Const.: Art. XII, Sec. 5. Banking corporations. Section 5. The legislature shall have no power to pass any act granting any charter for banking purposes, but corporations or associations may be formed for such purposes under general laws, [and the legislature shall provide for the classification of cities and towns by population for the purpose of regulating the busi- ness of banking.] No corporation, association, or individual shall issue or put in circulation, as money, anything but the lawful money of the United States. [Amendment adopted November &, 1910. ] 281 CONSTITUTION OF 1879. Art. XII, §§8,9 any franchise or charter of any corporation now existing, or which shall hereafter exist under the laws of this state. CORPORATE FRANCHISES.—An act waiving a right to enforce a forfeiture does not “remit the for- feiture,” since there is no forfeiture until the sov- ereignty which created the. franchise, by proper proceeding in a proper court, procure an adjudication of forfeiture, and enforce it. (People v. Los Angeles etc. Ry. Co., 91 Cal. 338, 27 Pac. 673.) Sec. 8. The exercise of the right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking the prop- erty and franchises of incorporated companies and subjecting them to public use the same as the property of individuals, and the exercise of the police power of the state shall never be so abridged or construed as to permit corporations to conduct their business in such manner as to infringe the rights of individuals or the general well-being of the state. Sec. 9. No corporation shall engage in any business other than that expressly authorized in its charter, or the law under which it may have been or may hereafter be organized; nor shall it hold for a longer period than five years any real estate except such as may be necessary for carry- ing on its business. CORPORATE PURPOSES.—A corporation is for- bidden to engage in any business other than is ex- pressly authorized in its charter or the law under which it is organized. To hold stock in another cor- Art. XII, §§ 10,11 coNstTITUTION oF 1879. 282 poration is to engage in the business of such corpo- ration. (i railroad, canal, pipe line, plant or equipment within this state, for the transportation or conveyance of passengers, or express matter, or freight of any kind, including crude oil, or for the transmission of telephone or telegraph messages, or for the production, generation, | transmission, delivery or furnishing of heat, light, water or power | or for the furnishing of storage or wharfage facilities, either directly or indirectly, to or for the public, and every common) carrier, is hereby declared to be a public utility subject to such | control and regulation by the railroad commission as may be pro- | vided by the legislature, and every class of private corporations, individuals, or associations of individuals hereafter declared by the legislature to be public utilities shall likewise be subject to such control and regulation. The railroad commission shall have and exercise such power and jurisdiction to supervise and regu- late public utilities, in the State of California, and to fix the rates _to be charged for commodities furnished, or services rendered by public utilities as shall be conferred upon it by the legislature, and the right of the legislature to confer powers upon the rail- road commission respecting public utilities is hereby declared to be plenary and to be unlimited by any provision of this consti- tution. From and after the passage by the legislature of laws conferring powers upon the railroad commission respecting public utilities, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing > bodies of the several counties, cities and counties, cities and towns, in this state, or in any commission created by law and existing at the time of the passage of such laws, shall cease so far as such powers shall conflict with the powers so conferred — upon the railroad commission; provided, however, that this section shall not affect such powers of control over public utilities as relate to the making and enforcement of local, police, sanitary and other regulations, other than the fixing of rates, vested in any city and county or incorporated city or town as, at an election to be held pursuant to law, a majority of the qualified electors of such city and county, or incorporated city or town, voting thereon, shall vote to retain, and,until such election such powers shall continue unimpaired; but if the vote so taken shall not favor the continuation of such powers they shall thereafter vest in the railroad commission as provided by law; and provided, furtner, that where any such city and county or incorporated city or town shall have elected to continue any of its powers to make and enforce such local, police, sanitary and other regulations, other than the fixing of rates, it’ may, by vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the railroad commission in the manner prescribed by the legislature; and provided, further, that this section shall not affect the right of any city and county or incorporated city or town to grant franchises for public utilities upon the terms and conditions and in the manner prescribed by law. Nothing in this section shall be construed as a limitation upon any power con- ferred upon the railroad commission by any provision of this constitution now existing or adopted concurrently herewith. (Adopted November 3, 1914.) CONSTITUTIONAL “AMENDMENTS 1910-11 Const.:” Art: XII, ‘Sec. 23. Public utilities defined; power to regulate vested in railroad com- . mission. _ ste Section 23. Hvery private corporation, and every individual or association of individuals, owning, operating, managing, or con- trolling any commercial railroad, interurban railroad, street rail- road, canal, pipe line, plant, or equipment, or any part of such railroad, canal, pipe line, plant~ or equipment within this state, for the transportation or conveyance of passen- gers, or express matter, or freight of any kind, including crude oil, or for the transmission of telephone or telegraph mes- sages, or for the production, generation, transmission, delivery or furnishing of heat, light, water or power or for the furnishing of storage or wharfage facilities, either directly or indirectly, to or for the public, and every common carrier, is hereby declared to be a public utility subject to such contro] and regulation by the railroad commission aS may be provided by the legislature, and every class of private corporations, individuals, or associations of individuals hereafter declared by the legislature to be public utilities shall likewise be subject to such control and regulation. The railroad commission shall have and exercise such power and jurisdiction to supervise and regulate public utilities, in the State of California, and to fix the rates to be charged for commodities furnished, or services rendered by public utilities as shall be con- ferred upon it by the legislature, and the right of the legislature to confer powers upon the railroad commission respecting public utilities is hereby declared to be plenary and to be unlimited by any provision of this constitution. From and after the passage by the legislature of laws confer- ring powers upon the railroad commission respecting public utili- ties, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing bodies of the several counties, cities and counties, cities and towns, in this state, or in any commission created by law and existing at the time of the passage of such laws, shall cease so far as such powers shall conflict with the powers so conferred upon the rail- road commission; provided, however, that this section shall not affect such powers of control over any public utility vested in any city and county, or incorporated city or town as, at an election to be held pursuant to laws to be passed hereafter by the legis- lature, a majority of the qualified electors voting thereon of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired; put if the vote so taken shall not favor the continuation of such - powers they shall thereafter vest in the railroad commission as provided by law; and provided, further, that where any such city and county or incorporated city or town shall have elected to continue any powers respecting public utilities, it may, by vote of a majority of its qualified electors voting thereon, thereafter sur- render such powers to the railroad commission in the manner to be prescribed by the legislature; or if such municipal corporation shall have surrendered any powers to the railroad commission, it may, by like vote, thereafter reinvest itself with such power. Nothing in this section shall be construed as a limitation upon any power conferred upon the railroad commission by any pro- vision of this constitution now existing or adopted concurrently herewith. [Amendment adopted October 10, 1911.] 293 CONSTITUTION OF 1879. Art. XII, §§ 23, 24 plaint that a railroad company lowered its passen- ger rates in order to compete with another road, and afterward raised them without the consent of the commission, to require a restoration of the lower rate. (Edson vy. Southern Pac. Co., 21 Cal. Dec. 702.) Sec. 23. Until the legislature shall district the state, the following shall be the railroad districts: The first district shall be composed of the counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Humboldt, Lake, Lassen, Men- docino, Modoc, Napa, Nevada, Placer, Plumas, Sac- ramento, Shasta, Sierra, Siskiyou, Solano, Sono- ma, Sutter, Tehama, Trinity, Yolo, and Yuba, from which one railroad commissioner shall be elected. ‘The second district shall be composed of the counties of Marin, San Francisco, and San Mateo, from which one railroad commissioner shall be elected. The third district shall be com- posed of the counties of Alameda, Contra Costa, Fresno, Inyo, Kern, Los Angeles, Mariposa, Mer- ced, Mono, Monterey, San Benito, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and Ventura, from which one railroad commissioner shall be elected. Sec. 24. The legislature shall pass all laws necessary for the enforcement of the provisions of this article. Art. XIII, §1 CONSTITUTION oF 1879. 294 ARTICLE XIII. REVENUE AND TAXATION. § 1. Taxation to be in proportion to value. 1%. Churches exempt from taxation. Land and improvements to be separately as- sessed. Sectionized and unsectionized land, how as- sessed. Securities, taxable. Contract of borrower to pay tax on loan void. Power of taxation cannot be surrendered. Payment of taxes by installments. Annual statement of property to be given. State board of equalization. Property, where assessed. Income taxes. Ze OLE eLy. § 1234. Young trees and vines exempt from taxation. § 13. Laws to be passed by legislature. Cor COD ie Con = eee oe A Sea ae Orr LR op LG > CH CH jae Section 1. All property in the state, not ex- empt under the laws of the United States shall be taxed in proportion to its value, to be ascer- tained as provided by law. The word “property,” as used in this article and section, is hereby de- clared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private own- ARTICLE XIII. Revenue and Taxation. Section 1. All property in the state except as otherwise in this constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, or as hereinafter provided. The word ‘‘prop- erty,’ aS used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; provided, that a mortgage, deed of trust, con- tract, or other obligation by which a debt is secured when land is pledged as security for the payment thereof, together with the money represented by such debt, shall not be considered property subject to taxation; and further provided, that property used for | free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to the United States, this state, or to any county, city and cOunty, or municipal corporation within this state shall be exempt from taxation, except such lands and. the improvements thereon located outside of the county, city and county or municipal corpOration owning the same as were subject to taxation at the time of the acquisition of the same by said county, city and county, or municipal corporation; provided, that no improvements of any character whatever constructed by any county, city and county or municipal corporation shall be subject to taxation. All lands or improvements thereon, belonging to any county, city and county or municipal corporation, not exempt from taxation, shall be assessed by the assessor of the county, city and county or munic- ipal corporation in which said lands or improvements are located, and said assessment shall be subject to review, equalization and adjustment by the state board of equalization. The legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state. (Adopted November 3, 1914.) ee Consts.. SATE XTIT. Sec: 1; Property to be taxed according to value; exemptions. Section 1. All property in the state [except as otherwise in this constitution provided,] not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, [or as hereinafter provided.] The word “property,” as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; [provided, that a mortgage, deed of trust, contract, or other obligation by which a debt is secured when land is pledged as security for the payment thereof, together with the money represented by such debt, shall not be considered property subject to taxation; and further] provided, that property used for free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to the United States, this state, or to any county or munici- pal corporation within this state shall be exempt from taxation. The legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state. [Amendment adopted November 8, 1911.] 295 CONSTITUTION OF 1879. Art. XIII, §1 ership; provided, that property used for free pub- lic libraries and free museums, growing crops, ‘property used exclusively for public schools, and such as may belong to the United States, this state, or to any county or municipal corporation within this state, shall be exempt from taxation. The legislature may provide, except in case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state. [Amendment adopted No- vember 6, 1894. | [ORIGINAL SECTION.] Section 1. All property in the state, not exempt un- der the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law. The word “property,” as used in this ar- ticle and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; provided, that growing crops, property used exclusively for public schools, and such as may belong to the United States, this state, or to any county or municipal corpora- tion within this state, shall be exempt from taxation. The legislature may provide, except in the case of credits secured by mortgage or trust deed, for a de- duction from credits of debts due to bona fide resi- dents of this state. TAXATION—What is.—The provisions of this ar- ticle are limitations upon the power of the legisla- ture, and are mandatory. (People v. McCreery, 34 Cai. 452; People v. Gerke, 35 Cal. 677.) This section is not self-executing, but merely fixes the liability of property to taxation, and the stan- Art. XIII, §1 coNstTiTuTIon oF 1879. 296 © dard upon which it is based, but confides the duty of prescribing the machinery by which to ascertain the value to the legislature. (McHenry v. Downer, 116 Cal. 20, 47 Pae. 779; De Witt v. Hays, 2 Cal. 463.) The power of the legislature in the matter of taxa- tion is unlimited, except as restricted by constitu- tional provisions, and extends to proceedings for as- sessments for local improvements upon any basis of apportionment which the legislature may select; and the apportionment does not depend upon any spe- cial benefit to the taxpayer. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272, 675.) The provisions of this article have no application to assessments for local improvements. (Turlock Irr. Dist. v. Williams, 76 Cal. 360, 18 Pac. 379.) This provision only applies to direct taxation on property as such. (People v. Coleman, 4 Cal. 46.) The taxing power is an incident of sovereignty, the exercise of which belongs exclusively to every state, and attaches alike upon everything which comes within its jurisdiction. (People v. Coleman, + Cal. 46.) A tax is a charge upon persons or property, to raise money for public purposes. It is not founded upon contract and does not establish the relation of debtor and creditor, between the taxpayer and the state. (Perry v. Washburn, 20 Cal. 318.) The words ‘‘taxation” and ‘“‘taxed” relate to such general taxes upon all property as are levied to de- fray the ordinary expenses of the state, county, town, and municipal governments, and not to assess- ments levied on lots fronting on a street to pay the expense of its improvement. (Emery vy. San Fran- cisco Gas Co., 28 Cal. 345.) The words “taxation” and ‘assessment’ do not have the same signification. (Taylor v. Palmer, 31 Cal. 240.) “Taxation” is the power to impose taxes upon the property of the citizen for the support of the govern- ment. (Taylor v. Palmer, 31 Cal. 340; People v. Mc- Creery, 34 Cal. 482.) The rate of taxation for state purposes must be uniform throughout the state. (People v. McCreery, ARTICLE XIII. Exemption of College Property. Section la (new). Any educational institution of collegiate grade, within the State of California, not conducted for profit, shall hold exempt from taxation its buildings and equipment, its grounds within which its buildings are located, not exceeding one hun- dred acres in area, its securities and income used exclusively for the purposes of education. (Adopted November 3, 1914.) 297 CONSTITUTION OF 1879. Art. XIII, §1 34 Cal. 432. People v. Coleman, 4 Cal. 46; High v: Shoemaker, 22 Cal. 363, overruled.) A charge by the gauger of the port of San I‘ran- cisco upon wine, for services as gauger, is not a tax. (Addison v. Saulnier, 19 Cal. 82.) The provision of the fee bill of 1895, requiring the payment of one dollar for each one thousand dollars in excess of three,thousand dollars of the appraised value of an estate imposes a tax, and is in violation of this section in imposing an extraordinary tax in addition to the equal and uniform tax to which alone property is liable. (Katjo v. Pfister, 117 Cal. 83, 48 Pac. 1012.) ; The act of 1893, imposing a tax of five dollars on every hundred dollars of the market value of prop- erty collaterally inherited, bequeathed, or devised, where its value exceeds five hundred dollars, is con- Stitutional. (In re Wilmerding, 117 Cal. 281, 49 Pace. 481.) The collateral inheritance tax is not subject to the provision that all property shall be taxed in propor- tion to its value, as it is in the nature of an excise tax. (In re Wilmerding, 117 Cal. 281, 49 Pac. 181.) Property.—Bonds of foreign corporations are as- sessable in the state of the owner’s domicile. (Hs- tate of Fair, 128.Cal. 607, 61 Pac. 184; Mackay v. San Francisco, 128 Cal. 678, 61 Pac. 382.) A seat in a stock exchange board is not taxable property. (San Francisco v. Anderson, 103 Cal. 69, 36 Pac. 10384.) A mere right of way for a pipe line of a water com- pany, entirely unconnected with any privilege to take tolls, is not a franchise. (Spring Valley W. W. v. Barber, 99 Cal. 36, 33 Pac: 735.) Fruit trees are not growing crops within the mean- ing of this section, and are subject to taxation. (Cot- tle v. Spitzer, 65 Cal. 456, 4 Pac. 485.) Stoek of a California corporation, whose tangible property is situated in another state, is taxable in this state in the possession of a resident of. this state. (San Francisco v. Flood, 64 Cal. 504, 2 Pac. 264; San Francisco v. Fry, 63 Cal. 470.) A vessel registered out of the state, and never here except transiently in the course of her voyages for Art. XIII, §1 constrruTION or 1879. 298 the purpose of receiving and discharging cargo, is not “in the state’ within the meaning of this section, although owned in part by residents of this state. (San Francisco v. Talbot, 63 Cal. 485.) A franchise to collect rates for water is taxable under this section. (Spring Valley W. W. v. Schott- ler, 62 Cal. 69.) The franchise of a railroad company is property subject to taxation and is not exempt by reason of its being 4 means or instrument employed by Congress to carry into operation the powers of the general government. (Central Pac. R. R. Co. v. Board of Equalization, 60 Cal. 35.) The capital or capital stock of a corporation is taxa- ble against the corporation. (San Francisco v. Spring Valley W. W., 54 Cal. 571.) Personal property in the state, owned by nonresi- dents, and upon which they pay taxes in the state of their domicile, is taxable in this state. (Minturn v. Hays, 2 Cal. 590.) A municipal corporation has no power to impose a license tax upon a railroad company engaged in in- terstate commerce, and the mere fact that the tax is imposed on a branch line does not render the tax valid, where the branch is a part of the transcon- tinental line. (San Bernardino v. Southern Pac. Co., 107 Cal. 524, 40 Pac. 796.) The possession of and claim to public land is prop- erty. (People v. Black Diamond ete. Min. Co., 37 Cal. 54; People v. Cohen, 31 Cal. 210.) The word “property” is used in its ordinary Made popular sense, and includes not only visible and tangi- ble property, but also choses in action, such as sol- vent debts secured by mortgage. (People v. Eddy, 483 Cal. 331; Lick v. Austin, 43 Cal. 590; Sav- ings ete. Soc. v. Austin, 46 Cal. 415; People v. Ash- bury, 46 Cal. 523; San Francisco v. La Societe etc., 131 Cal. 612. But see Bank of Mendocino vy. Chalfant, 51 Cal. 369, 471; People v. Hibernia Bank, 51 Cal. 243.) This is true although the debts are secured by pledge of property exempt from taxation. (Security Sav. Bank v. San Francisco, 132 Cal. 599.) Money is property subject to taxation. (People ¥. Dunn, 59 Cal. 328.) 299 CONSTITUTION OF 1879. Art. XITI, §1 Bonds owned by a foreign insurance company do- ing business in this state and deposited with a banker in pursuance to law are taxable. (People v. Home Ins. Co., 29 Cal. 533.) Public property.—Public property is not taxable. (Doyle v. Austin, 47 Cal. 353; People v. McCreery, 34 Cal. 482; People v. Doe G. 1,084, 386 Cal. 220.) A railroad corporation cannot claim an exemption of its property lying within the state from state taxa- tion, because the corporation has been subsequently employed by the federal government in the carriage of mails, munitions of war, etc. (People v. Central Pac. R. R. Co., 48 Cal. 398.) A railroad company organized under the laws of this state to construct and operate a railroad in this state,» which has subsequently received from the United States a franchise for the same purpose, may be assessed upon its franchise derived from the state. (People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905; Colusa v. Glenn, 124 Cal. 498, 57 Pac. 477. But see People v., Central Pac. R. R. Co., 83 Cal. avo, 2o Fac. 303.) An act exempting school land and lands of the United States from taxation does not render the tax unequal. (High v. Shoemaker. 22 Cal. 363.) Bonds of the United States are not subject to tax- ation. (People v. Home Ins. Co., 29 Cal. 533.) A county ordinance imposing a license upon the Southern Pacific Railroad Company for carrying persons and freight for hire by means of railroad ears in the county, is void as a tax upon the use of the franchise granted by the United States govern- ment. Both the franchise and the use of it are be- yond the taxing power of the state. (San Benito Co. v. Southern Pac. R. R. Co., 77 Cal. 518, 19 Pac. 827.) The Western Union Telegraph Company is one of the instruments employed by the United States gov- ernment for carrying into effect its sovereign powers, and a tax upon its franchise is void. (San Francisco v. Western Union Tel. Co., 96 Cal. 140, 31 Pac. 10.) Whether or not a federal franchise has been as- sessed is a question of fact, and conversations with members of the board of equalization on the sub- ject are not admissible. (People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905.) Art. XIII, §1 constTiTuTIon oF 1879. 300 National banks are agencies of the federal gov- ernment. and are not subject to the taxing power of tre state. (McHenry v. Downer, 116 Cal. 20, 47 Pac. 779.) Taxation of property of a national bank, except as permitted by the United States Revised Statutes, is void. (First Nat. Bank v. San Francisco, 129 Cal. 96, 61 Pac. 778; Miller v. Heilbron, 58 Cal. 133.) Commerce.—A tax upon every person selling con- signed goods from any state in proportion to the amount sold is not an interference with the power of Congress to regulate commerce. (People v. Cole- man, 4 Cal. 46.) An act imposing a tax upon bills of lading for the transportation of gold or silver from any point in this state to any point without the state is in conflict with the provision of the United States constitution forbidding the states to levy any imposts or duties on imports or exports. (Brumagin y. Tillinghast, 18 Cal. 265.) : An act requiring the payment of a gauger for in- specting goods arriving at ports of this state is not in violation of the United States constitution forbid- ding the state to impose duties on imports. (Addison v. Saulnier, 19 Cal. 82.) An act requiring a shipper to place certain stamps on all tickets sold to persons about to leave the state is in violation of the commerce clause of the United States constitution, and is void. It is a tax and not a police regulation. (People v. Raymond, 34 Cal. 492.) Exemptions.—The legislature has no power to ex- empt any property from taxation. (Mackay v. San Francisco, 113 Cal. 392, 45 Pac. 696; Minturn vy. Hays, 2 Cal. 590; People v. McCreery, 34 Cal. 432; People v. Black Diamond ete. Min. Co., 37 Cal. 54; Crosby v. Lyon, 37 Cal. 242; People v. Eddy, 48 Cal. 331; People v. Latham, 52 Cal. 598.) An act authorizing the remission of a tax is void. (Wilson v. Supervisors, 47 Cal. 91.) An act taxing the property of a district for a local improvement, which exempts personal prop- erty from its operation, is unconstitutional, because not levied on all the property in the district. (People v. Whyler, 41 Cal. 351.) 801 CONSTITUTION OF 1879. Art. XIII, $1 The crediting of taxes heretofore paid upon prop- erty under an invalid levy does not amount to an exemption from taxation of the property upon which such taxes were paid. (People v. Latham, 52 Cal. 598.) Double taxation.—The constitution forbids the double taxation of property. (Burke v. Badlam, 57 Cal. 594; Germania Trust Co. v. San Francisco, 128 Cal. 598, 61 Pac. 178; Estate of Fair, 128 Cal. 607, 61 Pac. 184.) Double taxation does not necessarily consist in as- sessing the same property twice to the same person, but may consist in requiring a double contribution to the same tax on account of the same property, though the assessments are to different persons. (Germania Trust Co. v. San Francisco, 128 Cal. 589, 61 Pac. 178; Estate of Fair, 128 Cal. 607, 61 Pac. 184.) The inhibition of double taxation only applies to such taxation by the same government. (San IFran- cisco v. Fry, 638 Cal. 470.) Because the same subject matter has been twice taxed, it by no means follows that both taxes are void, but to entitle a party to relief in the courts, it must appear that the tax has been once paid or tendered. (Savings ete. Soc. v. Austin, 46 Cal. 415.) If land subject to a mortgage is taxed, and the debt secured by the mortgage is also taxed, and the tax on the debt is paid by the mortgagee, the mort- gagor cannot complain of double taxation. (Lick v. Austin, 48 Cal. 590.) The levying a tax upon money at interest, as well as upon the property mortgaged to secure it, does not present a case of double taxation against the mortgagee. (People v. Whartenby, 388 Cal. 461.) It would be assessing the same property twice to assess money on deposit in a savings bank to the bank and also to the depositor. (Burke v. Bad- lam, 57 Cal. 594.) It would be assessing the same property twice to assess to a corporation all of its corporate prop- erty, and also to assess to each of the stockholders the shares held by them. (Burke v. Badlam, 57 Cal. 594.) Constitution—26 Art. XIII, §1 CONSTITUTION oF 1879. 302 It is not double taxation to tax the roadbed and roadway of a railroad, as they are quite different. (San Francisco ete. R. R. Co. v. State Board, 60 Cal. 12.) Where all the property of a corporation has been assessed and it owns none of its capital stock, an assessment of “capital” or “capital stock” is void.. (San Francisco vy. Spring Valley W. W., 63 Cal. 524.) An attempt to tax a seat in a stock exchange board, ~ in addition to the taxes levied upon all the property of the board, is void as an attempt at double taxation. (San Francisco v. Anderson, 103 Cal. 69, 36 Pac. 1034.) Since a mortgage is assessed as an interest in the land, to also assess the bonds which the mortgage secures is double taxation. (Germania Trust Co. v. San Francisco, 128 Cal. 589, 61 Pace. 178; Estate of Fair, 128 Cal. 607, 61 Pac. 184.) The lender of money is not subjected to double taxation by reason of the payment of taxes on money loaned by him, and on solvent debts due him over his own indebtedness. (People v. McCreery, 34 Cal. 432.) The legislature may impose a penalty on those who neglect to have their property assessed at the proper time; and a law providing for the double taxation of property which has escaped assessment in the previous year is valid. (Biddle v. Oaks, 59 Cal. 94.) Assessment.—Assessment of property is a func- tion of the executive department of the government; and the judiciary has no power to inquire as to the actual value of property for the purpose of taxa- tion, in order to determine whether there has been misrepresentations as to its value. (Clunie v. Siebe, 112 Cal. 593, 44 Pac. 1064.) The provisions of this section are self-executing, and require the assessor to ascertain the value of the property in the manner now provided by law. (Hyatt v. Allen, 54 Cal. 353.) The provision of the former constitution as to the election of assessor and tax collector was held man- datory, and restrained the legislature to a particular mode of providing for such officers. (People v. Kelsey, 34 Cal. 470.) 803 CONSTITUTION OF 1879. Art. XIII, §1 Under ‘the former constitution an assessment not made by an assessor elected by the electors of the district was void. (Williams vy. Corcoran, 46 Cal. 553.) This section does not require the value of the property to be found after the rate of taxation is fixed. (People v. Latham, 52 Cal. 598.) A tax for school purposes must be based upon an assessment made by an assessor elected by the quali- fied electors of the school district. (People v. Stock- ton ete. Co., 49 Cal. 414.) The legislature cannot confer on a state board of equalization of taxes the power to add to or deduct from the assessed value of property, as fixed by the assessor. (Houghton v. Austin, 47 Cal. 646.) The payment of a tax cannot be resisted on the ground that the property on which it was levied was not assessed at its true value. One whose prop- erty is not assessed according to its true value must apply to the board of equalization for relief. (People v. Whyler, 41 Cal. 351.) The only mode in which defective assessments may be cured by the legislature is to empower the assessor to correct the same. (People v. Hastings, 34 Cal. 571.) The failure of the assessor to assess certain prop- erty, whether by reason of a void statute or by mis- take, does not invalidate the assessment. (People v. McCreery, 34 Cal. 482.) The value of a franchise of a corporation is prop- erly fixed by taking the value of all tangible prop- erty of the corporation from the market value of the capital stock. (Spring Valley W. W. v. Schottler, 62 Cal. 69.) A law providing that taxes upon personal prop- erty unsecured by real estate, shall be collected at the time of the assessment is valid, although other taxes are not payable until several months later. (Rode y. Siebe, 119 Cal. 518, 51 Pac. 869, Van Fleet, J., and Harrison, J., dissenting; Pacific etc. Go. v. Dalton, 119 Cal. 604, 51 Pac. 1072.) Purposes.—The extent to which the power of taxa- tion may be exercised is left unlimited, except by legislative discretion. (Stockton ete. R. R. Co. v. Stockton, 41 Cal. 147; Blanding vy. Burr, 13 Cal. 343.) Art. XIII, §1 CONSTITUTION oF 1879. 304 The taxing power, whether it be asserted in the form of general taxation or of local assessment, can- not be upheld when the purpose in view can be judicially seen to be other than public. (In re Market Street, 49 Cal. 546.) - The legislature may recognize a moral obligation as the sole basis for the imposition of taxes. (Beals v. Amador County, 35 Cal. 624.) Taxation cannot be justified for an object or for the benefit of a class in which the taxpayer is di- rectly excluded from participating. (Hughes v. Ew- ing, 98 Cal. 414, 28 Pac. 1067.) Licenses.—A license fee or charge for the trans- action of any business is not a tax within the mean- ing of this section. (Santa Barbara v. Stearns, 51 Cal. 499.) The constitution does not prohibit the legislature from authorizing municipal corporations to tax occupations for purpose of revenue. An ordinance requiring an annual license of twenty dollars for each street-car operated upheld, although the cars also ran in an adjoining town. (San Jose v. San Jose ete. R. R. Co., 53 Cal. 475. People v. Coleman, 4 Cal. 46; Sacramento v. Crocker, 16 Cal. 119; Ex parte Hurl, 49 Cal. 557, approved.) A municipality has no inherent power, by virtue of its existence as a municipality, to impose a license upon a business, but its power in this respect comes from the legislature, and must be found in the or- ganie act, or necessarily inferred from the powers therein expressly granted. (Hx parte Newton, 53 Cal. 571.) An act prohibiting foreigners from working the gold mines, except on condition of paying a certain sum each month for the privilege, imposes a license and not a tax and is valid. (People v. Naglee, 1 Cal. Zon.) This provision applies only to direct taxation upon property, and does not prohibit the legislature from enacting license laws. (People v. Naglee, 1 Cal. 232.) Assessments.—The word “assessment” represents those local burdens imposed by municipal corpora- tions upon property bordering upon an improved street, for the purpose of paying the cost of the 305 CONSTITUTION OF 1879. Art. XIII, §1 improvement, and laid with reference to the benefit the property is supposed to receive from the ex- penditure of the money. (Taylor v. Palmer, 31 Cal. 240.) An assessment is a special and local charge upon property in the immediate vicinity of municipal im- provements, predicated upon the theory of benefits, and levied upon land or property specially benefited by such improvements, while a charge imposed by law upon the assessed value of all property in a district is a tax, although for a local improvement. (Holly v. Orange County, 106 Cal. 420, 39 Pac. 790.) An assessment upon lots adjacent to a street to pay for improvements made on the street, if held to be a tax, cannot be upheld, because it lacks the constitutional requirement of equality and uniform- ity. (Creighton v. Manson, 27 Cal. 613. But see Walsh v. Mathews, 29 Cal. 124.) An assessment by an irrigation district upon the public lands of a city, which are unoccupied and uncultivated lands, susceptible of cultivation by ir- rigation, and which would be benefited thereby, is - not a tax within the meaning of this section. (San Diego v. Linda Vista Irr. Dist., 108 Cal. 189, 41 Pae. 291.) An assessment levied by an irrigation district, al- though referable to the power of taxation, is distinct from a tax, and is not subject to the constitutional provisions respecting taxation, and may be levied upon all real property, without deducting therefrom any mortgages thereon. (Tregea v. Owens, 94 Cal. 317, 29 Pac. 648.) An assessment for a street improvement upon the front-foot system is an exercise of the power of taxa- tion. (Hmery v. San Francisco ete. Co., 28 Cal. 345.) This section does not apply to an assessment for a street improvement. (Burnett v. Sacramento, 12 Cal. 76; Doyle v. Austin, 47 Cal. 353; Hagar v. Super- visors, 47 Cal. 222; Chambers v. Satterlee, 40 Cal. 497.) A charge imposed on all property of a district, to be used in constructing levees to protect the dis- trict from overflow, is a tax and not an assessment. (People v. Whyler, 41 Cal. 351; Williams v. Corcoran, 46 Cal. 553; Smith v. Farrelly, 52 Cal. 77.) Art. XIII, §1 consTrTuTION oF 1879. 306 An “assessment” for a local improvement is a “tax,” and; while it need not be assessed on the ad valorem principle, it must be equal and uniform. (People v. Lynch, 51 Cal. 15.) The fact that a statute designates as a “tax” that which in its elements is an “assessment” does not make it a “tax.” (Doyle v. Austin, 47 Cal. 353.) The legislature cannot levy an assessment not uniform and equal, nor can it validate an assess- ment void for want of uniformity and equality. (Peo- ple v. Lynch, 51 Cal. 15.) An assessment cannot be laid upon lots for street work done under an abortive contract with the municipality. (In re Market Street, 49 Cal. 546.) The “front-foot” method of assessment is valid. (Oakland ete. Co. v. Rier, 52 Cal. 270; People v. Lynch, 51 Cal. 15; Walsh v. Mathews, 29 Cal. 123; Hadley v. Dague, 180 Cal. 207, 62 Pac. 500; Cohen v.. Alameda, 124 Cal. 504, 57 Pac. 377; Chambers v. Satterlee, 40 Cal. 497; Emery v. San Franciseo etc. 5Jo., 28 Cal. 345; Emery v. Bradford, 29 Cal. 75; Tay- lor v. Palmer, 31 Cal. 240; Whiting v. Quackenbush, 54 Cal. 306; Whiting v. Townsend, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404, 14 Pac. 71; Jennings v. Le Breton, 80 Cal. 8, 21 Pac. 1127; San Francisco etc. Co. v. Bates, 22 Cal. Dec. 302; Banaz v. Smith, 21 Cal. Dec. 735.) An act levying the cost of a street improvement upon the adjacent property, in accordance with the assessed value of the land, is valid. (Burnett v. Sacramento, 12 Cal. 76.) The legislature may provide for a local public improvement for the benefit of a portion of the state, and may tax all land within a limited dis- trict, notwithstanding some of the property of the district will not receive any benefit, and some prop- erty outside of the district may be incidentally bene- fited. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. Zia.) An assessment upon specified property can be supported only upon the ground that the property taxed is benefited by the improvement. (In re Mar- ket Street, 49 Cal. 546.) Se Const.-) “Art, XIII, -Sec. 1%. Exemption of discharged soldiers and sailors, etc. Section 14 [new]. The property to the amount of one thousand dollars of every resident in this state who has served in the army, navy, marine corps, or revenue marine service of the United States in time of war, and received an honorable discharge there- from; or Jacking such amount of property in his own name, so much of the property of the wife of any such person as shall be necessary to equal said amount; and property to the amount of one thousand dollars of the widow resident in this state, or if there be no such widow, of the widowed mother resident in this state, of every person who has so served and has died either during his term of service or after receiving honorable discharge from said service; and the property to the amount of one thousand dollars of pensioned widows, fathers, and mothers, resident in this state, of soldiers, sailors, and marines who served in the army, navy, or marine corps, or revenue marine service of the United States, shall be exempt from. taxation; provided, that this exemption shall not apply “EO ‘any person memiad herein owning property of the value of five thousand dollars or more, or where the wife of such soldier or sailor owns preperty of the value of five thousand dollars or more. No exemption shall be made under the provisions of this act of the property of a person who is not a legal resident of this state. [New section adopted October ‘10, 1911.] 307 CONSTITUTION OF 1879. Art. XIII,§1% The fact that levees built to protect the land of a district from overflow injure some of the land instead of benefiting it does not render the tax un- equal or void for want of uniformity. (People v. Whayler, 41 Cal. 351.) A tax levied on the property of a given district, to pay for a local improvement, which is assessed upon the parcels of property in the district in pro- portion to the benefit each parcel derives from the work, is unconstitutional. Such tax must be levied on all property according to its value. (People v. Whyler, 41 Cal. 351.) An owner may be made personally liable for the expense of a street improvement. (Walsh v. Math- ews, 29 Cal. 123. Creighton v. Manson, 27 Cal. 613, overruled.) An act requiring the owner of a lot to keep the Street in front of it in repair after it has been planked and graded is valid. (Hart v. Gaven, 12 Cal. 477.) The fact that a town is included within an irriga- tion district does not invalidate the district, since even though the land is not susceptible of irriga- tion, it may be benefited by the improvement. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272.) Recovery of taxes.—An action to recover munici- pal taxes is an action upon a liability created by statute, and is barred in three years; and where it has the force of a judgment, it is barred in five years. (San Diego v. Higgins, 115 Cal. 170, 46 Pac. 923.) Sec. 14. All buildings, and so much of the real property on which they are situated as may be required for the convenient use and occupa- tion of said buildings, when the same are used solely and exclusively for religious worship, shall be free from taxation; provided, that no building so used which may be rented for religious pur- poses and rent received by the owner therefor, Art. XIII, §§ 2-4 coNnstTitTuTion oF 1879. 308 shall be exempt from taxation. [Amendment adopted November 6, 1900. | See. 2. Land, and the improvements thereon, shall be separately assessed. Cultivated and un- cultivated land, of the same quality, and similarly situated, shall be assessed at the same value. ASSESSMENT OF LAND.—An assessment of land claimed and occupied by a railroad company as a right of way, together with the track and all superstructures and substructures, without any sep- arate assessment of land and improvement, is void. (California ete. R. R. Co. v. Mecartney, 104 Cal. 616, 38 Pac. 448.) Sec. 8. Every tract of land containing more than six hundred and forty acres, and which has been sectionized by the United States government, shall be assessed, for the purposes of taxation, by sections or fractions of sections. The legislature shall provide by law for the assessment, in small tracts, of all lands not sectionized by the United States government. Sec. 4. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the prop- erty affected thereby. Except as to railroad and other quasi public corporations, in case of debts so secured, the value of the property affected by such mortgage, deed of trust, contract, or obliga- tion, less the value of such security, shall be as- Article XIII, Section 13. Sec. 13. All bonds hereafter issued by the State of California, or by any county, city and county, municipal corporation, or district (in- eluding school, reclamation, and irrigation dis- tricts) within said state, shall be free and exempt from taxation. (Amendment adopted November 4, 1902.) ; Const.:- Art. - XITT, “Secs 4: Section 4. Repealed [November 8, 1910]. ARTI Cm Hieexchit: xemption of Vessels. Section 4 (new). All vessels of more than fifty tons burden regis- tered at any port in this state and engaged in the transportation of freight or passengers, shall be exempt from taxation except for ws state purposes, until and including the first day of January, nine- teen hundred thirty-five. (Adopted November 3, 1914.) 309 CONSTITUTION OF 1879. Art. XIII, § 4 sessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected thereby is situate. The taxes so levied shall be a lien upon the property and security, and may be jpaid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured; if the owner of the prop- erty shall pay the tax so levied on such security, it shall constitute a payment thereon, and to the extent of such payment a full discharge there- of; provided, that if any such security or indebt- edness shall be paid by any such debtor or debtors, after assessment and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed ac- cording to the tax levy for the preceding year. ASSESSMENT OF MORTGAGES.—A mortgage as such is not liable to be assessed, but the assess- ment should be made of the debt which the mort- gage was given to secure. (People v. Eastman, 25 Cal. 601.) The provisions of this section apply to mortgages executed prior to the adoption of the constitution. {McCoppin v. McCartney, 60 Cal. 367.) Where a mortgage executed prior to the new con- stitution made no provision as to who should pay the taxes, the mortgagee is made primarily liable for them by this section. (Hay v. Hill, 65 Cal. 383, 4 Pac. 3878.) An assessment levied by an irrigation district may be levied upon all lands, without deducting there- from any mortgages thereon. (Tregea v. Owens, 94 Cal. 317, 29 Pac. 643.) Art. XIII, §4 cONSTITUTION oF 1879. 310 Whether the loan secured by the stocks and bonds is or is not an interest in the “property affected thereby” for the purpose of taxation within the meaning of this section, and conceding that the stocks and bonds may be exempt from taxation, the debt secured thereby for money loaned is not ex- empt, but may be taxed to the lender. (Savings ete. Soe. v. San Francisco, 131 Cal. 356.) ’ A mortgage is not “real estate,” except for the purpose of taxation. The mortgagor is still the owner of the land, and it is subject to liens for taxes upon personal property owned by the mort- gagor. (California etc. Co. v. Weis, 118 Cal. 489, 50 PAG Ook) : An assessment of a “mortgage upon the following described property, to wit’ (describing the mort- gaged premises), is an assessment of the land and not merely the mortgage. (Doland v. Mooney, 72 Cal. 34, 13 Pac. 71.) Bonds of a railroad company secured by mort- gages of its property within the state are not as- sessable to the holder of the bonds. (Germania ete. Co. v. San Francisco, 128 Cal. 589, 61 Pac. 178; Es- tate of Fair, 128 Cal. 607, 61 Pac. 184.) Receipts for taxes on mortgaged lands found in the possession of the deceased mortgagee raise a presumption that the taxes were paid by him, though they are in the name of the mortgagor. (Lloyd v. Davis, 123 Cal. 348, 55 Pac. 1003.) The last clause of this section gives the mort- gagor an exclusive remedy, and, if he fails to retain the money, he cannot recover it from the mort- gagee. (San Gabriel Co. v. Witmer Co., 96 Cal. 623, 29 Pac. 500, 31 Pac. 588.) The property of railroad and other quasi public corporations is subject to taxation, without deduc- tion of any mortgage or other like lien thereon. (Central Pac. R. R. Co. vy. Board of Equalization, 60 Cal. 35.) The provision of this section taxing property of quasi public corporations, without deduction of liens thereon, is not in conflict with the provision of the United States constitution that no state shall “deny any person within its jurisdiction the equal protec- ait CONSTITUTION OF 1879. Art. XIII, §5 tion of the laws,” since that provision does not apply to artificial persons. (Central Pac. R. R. Co. v. Board of Equalization, 60 Cal. 35.) Sec. 5. Every contract hereafter made, by which a debtor is obligated to pay any tax or as- sessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to any in- terest specified therein, and as to such tax or as- sessment, be null and void. PAYMENT OF TAXES ON MORTGAGES.—This section only applies to contracts made after its adoption. (Beckman v. Skaggs, 59 Cal. 541.) A provision in a mortgage that the mortgagee “may pay all taxes, etc., upon the property, and the Same shall be repaid with interest thereon at the rate of one per cent per month,” does not violate this section. (Bank of Ukiah v. Reed, 131 Cal. 597.) A contemporaneous agreement between the mort- gagor and mortgagee that if the mortgagor should present proper official receipts showing the payment of the mortgage tax, he should receive credit of two and one-half per cent. upon the mortgage note, is not in violation of this section, as it is not enforce- able against the mortgagor, but simply permissive. (Hewitt v. Dean, 91 Cal. 5, 27 Pac. 423.) But where a mortgage provides for intcrest of one per cent. per month, but the mortgagee, by a sepa- rate inslruinent agrees that he will only exact in- terest amounting to eight per cent. per annum and agrees to refund all interest paid over and above: this amount after he has paid out of said one per cent. per month the mortgage tax, the two instru- ments must be construed together, and, so construed, they coustitute an agreement for eight per cent. per annum interest, with the mortgagors paying the tax, and under this section, such a contract is void. (Matthews v. Ormerd, 22 Cal. Dec. 369.) A provision in a mortgage that, in case of fore- closure, the mortgagee may include all payments made by him for the taxes on the mortgage, is void, Art. XIII, §§ 6-8 CONSTITUTION oF 1879. 312 and renders void the mortgage as to the payment of interest; but if the mortgagor pays the interest he cannot recover it back. (Harralson vy. Barrett, 99 Cal. 607, 34 Pac. 342; Garms v. Jensen, 103 Cal. ai4, 37. Pac.,, 387.) Evidence of a parol agreement between the par- ties to the mortgage, whereby the mortgagor under- took to pay the taxes which might be assessed and levied upon the mortgage, is inadmissible. (Daw vy. Niles, 104 Cal. 106, 87 Pac. 876; Harrelson vy. Tomich, 107 Cal. 627, 40 Pac. 1032; California State Bank v. Webber, 110 Cal. 538, 42 Pac. 1066.) Where a conventional rate of interest is agreed upon, a verbal agreement that if the mortgagor should pay the taxes on the mortgage, a reduction should be allowed upon the agreed interest, is not in violation of this provision. (California State Bank v. Webber, 110 Cal. 538, 42 Pac. 1066.) A contemporaneous agreement by the mortgagor to pay the tax on the mortgage is void. (Burbridge v Lemmert, 99 Cal. 493, 32 Pac. 310.) Sec. 6. The power of taxation shall never be surrendered or suspended by any grant or con- tract to which the state shall be a party. See. %. The legislature shall have the power to provide by law for the payment of all taxes on real property by installments. Sec. 8. The legislature shall by law require each taxpayer in this state to make and deliver to the county assessor, annually, a statement, un- der oath, setting forth specifically all the real and \ personal property owned by such taxpayer, or in his possession, or under his control, at twelve o'clock meridian, on the first Monday of March. 813 CONSTITUTION OF 1879. Art. XIII, §9 ASSESSMENT.—A tax must rest upon an assess- ment made in the mode prescribed by law, by an assessor elected by the qualified electors of the dis- trict, county, or town in which the property is taxed. (People v. Hastings, 29 Cal. 449.) An assessment made by an assessor of the city and county of Sacramento is not sufficient basis for the levy of a tax in the city of Sacramento for city purposes: (People v. Hastings, 29 Cal. 449.) The sheriff, as such, cannot perform the duties of tax collector. (Lathrop v. Brittain,-30 Cal. 680.) The assessment must be made by the assessor, and, if not so made, the legislature cannot supply the defect by a curative act; but, if the assessment is good in substance, any error in mode, form, etc., may be remedied by the legislature. (People v. Mc- Creery, 34 Cal. 482.) Although the legislature cannot by law transfer the duties of tax collector from a person elected as such to one not so elected, it may provide for the election of a person as tax collector who may enter upon the discharge of his duties before the expiration of the term of a tax collector elected under the law as it previously stood. (Mills v. Sar- gent, 36 Cal. 379.) The provision of section 3633 of the Political Code, providing for an arbitrary assessment, is not in conflict with this section. (Orena v. Sherman, 61 Cal. 101.) This section only has reference to prospective as- sessments, and does not supersede a provision of a city charter. (Stockton v. Insurance Co., 73 Cal. ‘621, 15 Pac. 314,) Sec. 9. A state board of equalization, consist- ing of one member from cach congressional dis- trict in this state, as the same existed in eighteen hundred and seventy-nine, shall be elected by the qualified electors of their respective districts, at the: general election to be held in the year one thousand eight hundred and eighty-six, and at Constitution—27 Art. XIII, §9 CONSTITUTION oF 1879. 314 each gubernatorial election thereafter, whose term of office shall be for four years, whose duty it shall be to equalize the valuation of the taxable prop- erty in the several counties of the state for the purposes of taxation. The controller of state shall be ex officio a member of the board. The boards of supervisors of the several counties of the state shall constitute boards of equalization for their respective counties, whose duty it shall be to equalize the valuation of the taxable prop- erty in the county for the purpose of taxation; provided, such state and county boards of equal- ization are hereby authorized and empowered, un- der such rules of notice as the county boards may prescribe as to the county assessments, and under such rules of notice as the state board may pre- scribe as to the action of the state board, to in- crease or lower the entire assessment-roll, or any assessment contained therein, so as to equalize the assessment of the property contained in said assessment-roll, and make the assessment conform to the true value in money of the property con- tained in said roll; provided, that no board of equalization shall raise any mortgage, deed of trust, contract, or other obligation by which a debt is secured, money, or solvent credits, above its face value. ‘The present state board of equali- zation shall continue in office until their succes- sors, as herein provided for, shall be elected and shall qualify. The legislature shall have power 315 CONSTITUTION OF 1879. Art. XIII, §9 to redistrict the state into four districts, as nearly equal in population as practicable, and to pro- vide for the election of members of said board of equalization. [Ratification declared February 12, 1885.] [ORIGINAL SECTION.] Sec. 9. A state board of equalization, consisting of one member from each congressional district in this state, shall be elected by the qualified electors of their respective districts at the general election to be held in the year eighteen hundred and seventy-nine, whose term of office, after those first elected, shall be four years, whose duty it shall be to equalize the valuation of the taxable property of the several counties in the state for the purposes of taxation. The controller of state shall be e# officio a member of the board. The boards of supervisors of the sev- eral counties of the state shall constitute boards of equalization for their respective counties, whose duty it shall be to equalize the valuation of the taxable property in the county for the purpose of taxation; provided, such state and county boards of equaliza- tion are hereby authorized and empowered, under such rules of. notice as the county boards may pre- scribe as to the county assessments, and under such rules of notice as the state board may prescribe, as to the action of the state board, to increase or lower the entire assessment-roll, or any assessment contained therein, so as to equalize the assessment of the prop- erty contained in said assessment-roll, and make the assessment conform to the true value in money of the property contained in said roll. [An amendment to this section was voted upon No- vember 6, 1894, but, although it appears in some Art. XIII, §9 CONSTITUTION OF 1879. 316 publications as having been ratified, it was defeated by a vote of 88,605 noes to 86,777 ayes.] BOARD OF EQUALIZATION.—It is within the constitutional power of the legislature to create a state board of equalization. (Savings ete. Soc. v. Austin, 46 Cal. 415.) Section 1666 of the Political Code is unconstitu- tional, in so far as it delegates to the state board of equalization the right to fix the rate of taxation “after allowing for delinquency in the collection of taxes,” because it is a delegation of legislative power. (Houghton vy. Austin, 47 Cal. 646. Savings ete. Soe. v. Austin, 46 Cal. 415, overruled on this point. See, also, Grimm vy. O’Connell, 54 Cal. 522; Wills v. Austin, 53 Cal. 152; Harper v. Rowe, 53 Cal. 233.) The state board of equalization has no power to make a reassessment and reapportionment of taxes upon a railroad for previous years, if the taxes for such years were originally validly assessed and ap- portioned. (Cclusa’ County v. Glenn County, 124 Cal. 498, 57 Pac. 477.) Mandamus will not lie to compel the assessor to assess property in excess of its value, upon the ground that it was greatly undervalued in the previ- ous fiscal year. (Clunie v. Siebe, 112 Cal. 5938, 44 Pac. 1064.) As to the notice to be given by the board to the taxpayer, see Allison Ranch ete. Co. v. Nevada Co., 104 Cal. 161, 37 Pac. 875. Section 3861 of the Political Code, requiring the assessor, at the request of the board of equaliza- tion, to list and assess property which he has failed to assess, is not in conflict with this section, since it simply confers an additional power upon the board. (Farmers’ ete. Bank v. Board of HEqualiza- tion, 97 Cal. 318, 32 Pac. 312.) An act authorizing an assessment of taxes, after the time within which the board of supervisors can meet for the purpose of equalization, is violative of this section. (People v. Pittsburg R. R. Co., 67 Cal. G25, 8: Pae, 381i) ‘The state board of equalization has power to in- crease or lower the assessment-roll of a county so 317 CONSTITUTION oF 1879. Art. XIII, §9 as to affect taxes for county purposes. (Baldwin v. Ellis, 68 Cal. 495, 9 Pac. 652.) The action of the state board of equalization in raising the assessment-roll of a county under this section operates upon mortgage assessments. (Schroeder v. Grady, 66 Cal. 212, 5 Pac. 81.) The state board of equalization has no power to in- crease the assessment of money, where the money is already assessed at its face value. (People v. Dunn, 59 Cal. 328.) A refusal of a state board of equalization to re- duce an assessment does not preclude the board from afterward raising the same assessment. (Central Pac... R.R.. Co. vy. Placer Co., 46 Cal. 667.) The board of equalization has no power to strike out from an assessment, made by an assessor, prop- erty assessed by him. (People v. Supervisors, 50 Cal. 282.) The board of equalization has no power to cancel an assessment for taxes placed by the assessor upon the assessment-roll. (People vy. Supervisors, 44 Cal. 613.) The board of equalization, in passing on the ques- tion whether an assessment is too high or too low, acts in a judicial capacity. (People v. Goldtree, 44 Cal. 323.) A board of equalization acts judicially in raising or lowering an assessment, and has no arbitrary power of assessment or reassessment. It cannot act without a hearing, upon notice given to the person assessed, nor change an assessment made by the assessor without evidence adduced authorizing such change. (Oakland y. Southern Pac. R. R. Co., 131 Cal. 226.) In order to give the board of equalization jurisdic- tion to increase the valuation of property assessed, the filing of a complaint is necessary. (People v. Goldtree, 44 Cal. 323.) The state board of equalization cannot delegate to its clerk authority to issue orders prolonging the time of the sessions of the county boards of equali- zation. (Buswell v. Supervisors, 116 Cal. 351, 48 Pace, 226.) The board of equalization may appoint a com- Art. XIII, §10 cONSTITUTION OF 1879. 318 mittee to take testimony as to the valuation of property. (People v. McCreery, 34 Cal. 432.) The presumption of law is that a board of equaliza- tion perform their duty and correct any inequality in the assessment of taxes. (Guy v. Washburn, 23 dcal) 111°) The proviso to this section is to be read dis- tributively, that is to say, as authorizing the state board to increase or lower the entire assessment-roll of any county, and the county boards to increase or lower the individual assessments of their respective counties. The state board, therefore, has no power to increase or lower individual assessments; nor has 2a county board the power to increase.or lower the entire assessment-roll. (Wells, Fargo & Co. vy. Board of Equalization, 56 Cal. 194; San Francisco ete. R. R. Co. v. State Board, 60 Cal. 12.) This section does not make it necessary for a county board, in a return to a writ of certiorari, to set out general rules of notice adopted by the board. (Gar- retson v. Santa Barbara, 61 Cal. 54.) Sec. 10. All property, except as hereinafter in this section provided, shall be assessed in the county, city, city and county, town, township, or district in which it is situated, in the manner prescribed by law. The franchise, roadway, road- bed, rails and rolling stock of all railroads operated in more than one county in this state shall be as- sessed by the state board of equalization, at their actual value, and the same shall be apportioned to the counties, cities and counties, cities, towns, townships, and districts in which such railroads are located, in proportion to the number of miles of railway laid in such counties, cities and coun- ties, cities, towns, townships, and districts. Hennings Constitution p. 386. see. 104%. [Art. XIII] The personal property of every householder to the amount of one hundred dollars, the articles to be selected by each house- holder, shall be exempt from taxation. Const.: Art. XIII, Sec. 10. Property, where and how assessed. Section 10. All property, except as [otherwise] in this [consti- tution] provided, shall be assessed in the county, city, city and or district in which it is situatedj [Amendment adopted Novemh~ county, town [or] township, in the manner prescribed by law. 8, 1910.] pe ao TIT ST SE ae 319 CONSTITUTION oF 1879. Art. XIII, § 10 SITUS OF PROPERTY.—This section is self-exe- cuting. (San Francisco etc. R. R. Co. v. State Board, €0 Cal. 12.) It has no relation to the assessment of the prop- erty of railroad corporations, operated in more than one county. (Central Pac. R. R. Co. v. Board of Equalization, 60 Cal. 35.) Boards of supervisors of the several counties through which run railroads operated in more than ene county, have no jurisdiction to raise or lower the assessment placed upon the property of such roads by the board of equalization. (People v. Sac- ramento County, 59 Cal. 321.) This section does not in terms require the assessed value of the franchise. roadway, roadbed, rails, and rolling stock, to be separately apportioned. (San Francisco ete. R. R. Co. v. State Board, 60 Cal. 12.) Steamers used by a railroad company in transport- ing its freight-cars across the bay of San Francisco are not included in the property mentioned in this section, and should be assessed by the local asses- sors, and not by the state board of equalization. (San Francisco v. Central Pac. R. R. Co., 63 Cal. 467.) A law providing for the assessment and collee- tion of taxes upon railroads operating in more than one county is valid. (People v. Central Pac. R. R. Co., 105 Cal. 576, 38 Pac. 905. People v. Central Pac. R. R. Co., 83 Cal. 3938, 23 Pac. 303, overruled.) In making a reassessment of railroad taxes, to take the place of an invalid assessment of a pre- vious year, it is the duty of the board to make the apportionment to the counties as they existed at the time of the invalid assessment, and not at the time of the reassessment. (San Diego County v. River- side County, 125 Cal. 495, 58 Pac. 81.) For the purpose of taxation, the situs of money belonging to the estate of a decedent is in the coun- ty where the decedent resided at the time of his death, and the situs is not changed by placing the money on general deposit in a bank of another county. (San Francisco v. Lux, 64 Cal. 481, 2 Pac. 254.) Debts are taxable at the domicile of the creditor. {Pacitic ete. Soe. v. San Francisco, 21 Cal. Dec. 705.) Art. XIII, §§ 11-18 constrruTion oF 1879. 320 Sec. 11. Income taxes may be assessed to and collected from persons, corporations, joint-stock associations, or companies resident or doing busi- ness in this state, or any one or more of them, in such cases and amounts, and, in such manner, as shall be prescribed by law. Sec. 12. The legislature shall provide for the levy and collection of an annual poll tax of not less than two dollars on every male inhabitant of this state, over twenty-one and under sixty years of age, except paupers, idiots, insane. persons, and Indians not taxed. Said tax shall be paid into the state school fund. SCHOOL TAXES.—A statute authorizing county assessors to retain, as their compensation in ceol- lecting, fifteen per cent. of all poll taxes collected by them, is not in conflict with this section. (San Luis Obispo County v. Felts, 104 Cal. 60, 37 Pac. 780.) Sec. 12$. Fruit and nut-bearing trees under the age of four years from the time of planting in orchard form, and grapevines under the age of three years from the time of planting in vine- yard form, shall be exempt from taxation, and nothing in this article shall be construed as sub- jecting such trees and grapevines to taxation. [Amendment adopted November 6, 1894. ] Sec. 13. The legislature shall pass all laws necessary to carry out the provisions of this ar- ticle. ARTICLE XIII. No Poll Tax to Be Levied. Section 12. No poll tax or head tax for any purpose whatso- ever shall be levied or collected in the State of California. (Adopted November 38, 1914.) CONSTITUTIONAL AMENDMENTS 1910-11 il - Const.: Art. XIII, Sec. 14. .- Taxes for. state purposes; how computed, and what subject to _ taxation. Section 14 [new]. Taxes levied, assessed and collected as here- inafter provided upon railroads, including street railways, whether operated in one or more counties; sleeping car, dining car, draw- ing-room car and palace car companies, refrigerator, oil, stock, fruit, and other car-loaning and other car companies operating upon railroads in this state; companies doing express business on any railroad, steamboat, vessel or stage line in this state; telegraph companies; telephone companies; companies engaged in the transmission or sale of gas or electricity; insurance com- panies; banks, banking associations, savings and loan societies, and trust companies; and taxes upon all franchises of every kind and nature, shall be entirely and exclusively for state purposes, and shall be levied, assessed and collected in the manner here- inafter provided. The word ‘‘companies’’ as used in this section shall include persons, partnerships, joint-stock associations, com- panies, and corporations. (a) All railroad companies, including street railways, whether operated in one or more counties; all sleeping car, dining car, drawing-room car, and palace car companies, all refrigerator, oil, stock, fruit and other car-loaning and other car companies, oper- ating upon the railroads in this state; all companies doing ex- press business on any railroad, steamboat, vessel or stage line in this state; all telegraph and telephone companies; and all companies engaged in the transmission or sale of gas or electricity shall annually pay to the state a tax upon their franchises, road- ways, roadbeds, rails, rolling stock, poles, wires, pipes, canals, conduits, rights of way, and other property, or any part thereof, used exclusively in the operation of their business in this state, computed as follows: Said tax shall be equal to the percentages hereinafter fixed upon the gross receipts from operation of such companies and each thereof within this state. When such com- panies are operating partly within and partly without this state, the gross receipts within this state shall be deemed to be all receipts on business beginning and ending within this state, and a proportion, based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing through, into, or out of this state. The percentages above mentioned shall be as follows: On all railroad companies, including street railways, four per cent; on all sleeping car, dining car, drawing-room car, palace car com- panies, refrigerator, oil, stock, fruit and other car-loaning and other car companies, three per cent; on all companies doing express business on any railroad, steamboat, vessel or stage line, two per cent; on all telegraph and telephone companies, three and one half per cent; on all companies engaged in the trans- mission or sale of gas or electricity, four per cent. Such taxes shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property above enumerated of such com- panies except as otherwise in this section provided; provided, that nothing herein shall be construed to release any such com- pany from the payment of any amount agreed to be paid or re- quired by law to be paid for any special privilege or franchise granted by any of the municipal authorities of this state. (b) Every insurance company or association doing business in this state shall annually pay to the state a tax of one and one half per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to do busi- ness in this state; provided, that there shall be deducted from said one and one half per cent upon the gross premiums the amount of any county and municipal taxes paid by such com- panies on real estate owned by them in this state. This tax shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property of such companies, except county and municipal taxes on real estate, and except as other- wise in this section provided; provided, that when by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind may be im- posed by the legislature upon insurance companies of such other state or country doing business in this state. (c) The shares of capital stock of all banks, organized under the laws of this state, or of the United States, or of any other state and located in this state, shall be assessed and taxed to the owners or holders thereof by the state board of equalization, in the manner to be prescribed by law, in the city or town where the bank is located and not elsewhere. There shall be levied and assessed upon such shares of capital stock an annual tax, pay- able to the state, of one per centum upon the value thereof. The value of each Share of stock in each bank, except such as are in liquidation, shall be taken to be the amount paid in thereon, together with its pro rata of the accumulated surplus and un- divided profits. The value of each share of stock in each bank which is in liquidation shall be taken to be its pro rata of the actual assets of such bank. This tax shall be in lieu of all other taxes and licenses, state, county and municipal, upon such shares of stock and upon the property of such banks, except county and municipal taxes on real estate and except as otherwise in this section provided. In determining the value of the capital stock of any bank there shall be deducted from the value, as defined above, the value, as assessed for county taxes, of any real estate, other than mortgage interests therein, owned by such bank and taxed for county purposes. The banks shall be liable to the state for this tax and the same shall be paid to the state by them on behalf of the stockholders in the manner and at the time prescribed by law, and they shall have a lien upon the shares of stock and upon any dividends declared there- on to secure the amount so paid. The moneyed capital, reserve, surplus, undivided profits and all other property belonging to unincorporated banks or bankers of this ‘state, or held by any bank located in this state which has no shares of capital stock, or employed in this state by any branches, agencies, or other representatives of any banks doing business outside of the State of California, shall be likewise assessed and taxed to such banks or bankers by the said board of equalization, in the manner to be provided by law, and taxed at the same rate that is levied upon the Shares of capital stock of incorporated banks, as provided in the first paragraph of this subdivision. The value of said property shall be determined by taking the entire property invested in such business, together with all the reserve, surplus, and undivided profits, at their full cash value, and deducting therefrom the value as assessed for county taxes of any real estate, other than mortgage interests therein, owned by such bank and taxed for county purposes. Such taxes shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property of the banks and bankers mentioned in this paragraph, except county and municipal taxes on real estate and except as otherwise in this section provided. It is the intention of this paragraph that all moneyed capital and prop- erty of the banks and bankers mentioned in this paragraph shall be assessed and taxed at the same rate as an incorporated bank, provided for in the first paragraph of this subdivision. In deter- mining the value of the moneyed capital and property of the banks and bankers mentioned in this subdivision, the said state board of equalization shall include and assess to such banks all property and everything of value owned or held by them, which go to make up the value of the capital stock of such banks and bankers, if the same were incorporated and had shares of capital stock. " The word “banks’’ as used in this subdivision shall include bank- ing associations, savings and loan societies and trust companies, but shall not include building and loan associations. (ad) All franchises, other than those expressly provided for in this section, shall be assessed at their actual cash value, in the manner to be provided by law, and shall be taxed at the rate of one per centum each year, and the taxes collected thereon shall be exclusively for the benefit of the state. (e) Out of the revenues from the taxes provided for in this sec- tion, together with all other state revenues, there shall be first set apart the moneys to be applied by the state to the support of the public school system and the state university. In the event that the above named revenues are at any time deemed insufficient to meet the annual expenditures of the state, including the. above, named expenditures for educational purposes, there may be-levied, in the manner to be provided by law, a tax, for state purposes, on all the property in the state, including the classes of property enumerated in this section, sufficient to meet the deficiency. All property enumerated in subdivisions a, b and d of this section shall be subject to taxation, in the manner provided by law, to pay the principal and interest of any bonded indebtedness created and out- standing by any city, city and county, county, town, township or district, before the adoption of this section. The taxes so paid for principal and interest on such bonded indebtedness shall be de- ducted from the total amount paid in taxes for state purposes. (f) All the provisions of this section shall be self-executing, and the legislature shall pass all laws necessary to carry this section into effect, and shall provide for a valuation and assessment of the property enumerated in this section, and shall prescribe the duties of the state board of equalization and any other officers in connec- tion with the administration thereof. The rates of taxation fixed in this section shall remain in force until changed by the legisla- ture, two-thirds of all the members elected to each of the two houses voting in favor thereof. The taxes herein provided for shall become a lien on the first Monday in March of each year after the adoption of this section and shall become due and payable on the first Monday in July thereafter. The gross receipts and gross premiums herein mentioned shall be computed for the year ending the thirty-first day of December prior to the levy of such taxes and the value of any property mentioned herein shall be fixed as of the first Monday in March. Nothing herein contained shall affect any tax levied or assessed prior to the adoption of this section; and all laws in relation to such taxes in force at the time of the adoption of this section shall remain in force until changed by the legisla- ture. Until the year 1918 the state shall reimburse any and all counties which sustain loss of revenue by the withdrawal of rail- road property from county taxation for the net loss in county revenue occasioned by the withdrawal of railroad property from county taxation. The legislature shall provide for reimbursement from the general funds of any county to districts therein where loss iS occasioned in such districts by the withdrawal from local taxation of property taxed for state purposes only. (zg) No injunction shall ever issue in any suit, action or proceed- ing in any court against this state or against any officer thereof to prevent or enjoin the collection of any tax levied under the pro- visions of this section; but after payment action may be main- tained to recover any tax illegally collected in Such manner and at such time as may now or hereafter be provided by law. [New section adopted November 8, 1910.] 321 CONSTITUTION OF 1879. Art. XIV, § 1 ARTICLE XIV. WATER AND WATER RIGHTS. Section 1. The use of all water now appropri- ated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to — be a public use,and subject to the regulation and control of the state, in the manner to be pre- scribed by law; provided, that the rates or com- pensation to be collected by any person, company, or corporation in this state for the use of water supphed to any city and county, or city or town, or the inhabitants thereof, shall be fixed, annually, by the board of supervisors, or city and county, or city or town council, or other governing body of such city and county, or city or town, by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer. Such ordinances or resolutions shall be passed in the month of Feb- ruary of each year, and take effect on the first day of July thereafter. Any board or body fail- ing to pass the necessary ordinances or resolutions fixing water rates, where necessary, within such Art. XIV,§1 CONSTITUTION OF 1879. $22 time, shall be subject to peremptory process to compel action at the suit of any party interested, and shall be liable to such further processes and penalties as the legislature may prescribe. Any person, company, or corporation collecting water rates in any city and county, or city or town in this state, otherwise than as so established, shall forfeit the franchises and waterworks of such per- son, company, or corporation to the city and county, or city or town where the same are col- lected, for the public use. USE OF WATER.—The provisions of this section are both self-executing and mandatory. (Spring Valley W. W. v. San Francisco, 61 Cal. 18.) All the provisions of the constitution in regard to water in municipalities must be taken and read together, and effect given to each of them. They must receive a practical common-sense construction, and be considered with reference to the prior state of the law, and the mischief intended to be rem- edied. (People v. Stephens, 62 Cal. 209.) Prior to the adoption of the constitution of 1879, the right of laying pipes in the streets of any in- corporated city or town for the purpose of supplying the inhabitants thereof with water, lay only in grant from the legislature. (People v. Stephens, 62 Cal. 209.) This section does not apply to a case of a cor- poration which acquires and holds water solely for the use of its stockholders. (McFadden y. Los An- geles, 74 Cal. 571, 16 Pac. 397.) This section has no reference to water furnished by a municipality itself, but refers to the rates to be collected for water authorized by section 19, arti- cle 11, of the constitution, to be introduced into cities by individuals or companies incorporated for that purpose. (People vy. Stephens, 62 Cal. 209.) By this section water is declared to be a publi¢e use, subject to the control and regulation of the 323 CONSTITUTION OF 1879. Art. XIV,§1 legislature in the manner prescribed by statute; such regulation, however, being subject to certain consti- tutional provisions, and among them the provision in respect to rates. (People v. Stephens, 62 Cal. 209.) Under this section the use of water for sale is a public use, and the price at which it shall be sold is a matter within the power of the board of super- visors to determine. (Spring Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) l This section was not intended to appropriate water for the use of the public without compensation. (People v. Elk ete. Co., 107 Cal. 221, 40 Pac. 531.) When water is designated, set apart, and devoted to purposes of sale, rental, or distribution, it is “ap- propriated” within the meaning of this section, without reference to the mode of its acquisition. (Merrill v. Southside Irr. Co., 112 Cal. 426, 44 Pace 720.) Under this section it is made the duty of a water company supplying water for distribution, to fur- nish water upon tender of the established rates, and no other duty than such tender can be lawfully pre- scribed or imposed by such company as a condition for supplying water as required by law. (Crow v. San Joaquin etc. Irr. Co., 180 Cal. 309, 62 Pac. 562.) An agreement by a consumer, upon being fur- nished water upon credit, that no water need be furnished him in succeeding years until such water is paid for, is without consideration, it being the duty of the company to furnish him the water, whether he made such agreement or not. (Crow vy. San Joaquin etc. Irr. Co., 1380 Cal. 309, 62 Pac. 562, Beatty, C. J., and McFarland, J., dissenting.) A person engaged in furnishing water to the in- habitants of a city, under a franchise permitting him to lay pipes through the streets, cannot without reasonable cause shut off the water from one of such inhabitants, who is using the same at a fixed rate. (McCrary v. Beaudry, 67 Cal. 120, 7 Pac. 264.) It was the duty of the legislature to enact all needful laws to carry this section into effect; but the failure of the legislature to enact such laws could not prevent the establishment of the rates required to be established by the constitution. (People v. Stephens, 62 Cal. 209.) Art. XIV,§1 CONSTITUTION OF 1879. 32+ The provision of the act of 1858, requiring water companies to furnish water free of charge to cities and counties, was abrogated by this section. (Spring Valley W. W. v. San Francisco, 61 Cal. 18.) The act of 1858 providing for the fixing of water rates by a commission was superseded by this sec- tion of the constitution. (Spring Valley W. W. v. San Francisco, 61 Cal. 3.) A water company has the right to shut off the water from a consumer who refuses to pay for the water supplied. (Sheward v. Citizens’ Water Co., 90 Cal. 635, 27 Pac. 439.) Water rates.—By this section the power to fix water rates in San Francisco is granted solely to the board of supervisors, and the mayor has no power to veto an ordinance fixing such rates. (Jacobs v. Supervisors, 100 Cal. 121, 34 Pac. 630.) The supervisors are not bound to give notice to a water company of its intention to fix water rates; but they must make a proper effort to procure all necessary information, to enable them to act intelli- gently and fairly in fixing the rates. (Spring Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) The proceeding to fix water rates is not adver- sary, but is conducted without notice to the rate payer or water company. (San Diego Water Co. v. San Diego, 118 Cal. 556, 50 Pae. 633.) This section is not opposed to the United States constitution in not giving the water company notice. (San Diego Water Co. v. San Diego, 118 Cal. 556, 50 Pac. 638.) If the board acts arbitrarily, without investiga- tion, or without the exercise of judgment and dis- cretion, or fixes rates so palpably unreasonable and unjust as to amount to arbitrary action, it violates its duty and goes beyond the powers conferred upon it. (San Diego Water Co. v. San Diego, 118 Cal. 556, 50 Pac. 6383.) Where an ordinance fixing rates does not show upon its face that the rates to be collected, where the amount of consumption is ascertained by a meter, are different from those collected from per- sons who are rated by the use to which they apply: the water, it will not be held invalid because that 325 CONSTITUTION OF 1879. Art. XIV, §1 may be the result. (Sheward vy. Citizens’ Water Co., 90 Cal. 635, 27 Pac. 489.) The action of the city council in fixing rates is legislative, and it is to receive all the presumptions and sanctions which belong to acts of legislative bodies generally; and the rates must be assumed to have been so fixed as to be just both toward the rate payer and the company. (Sheward vy. Citizens’ Water Co., 90 Cal. 635, 27 Pac. 489.) An ordinance fixing water rates, and providing for meter and house rates at the option of the con- sumer, and providing that the meter shall be sup- plied at the expense of the water company, is valid. (Spring Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pace. 910.) When the constitution provides for the fixing of rates, or compensation for the use of water, it means reasonable rates and just compensation. (Spring Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) The power of regulating rates is not a power of eonfiscation, or to take the property of the water company without just compensation; and, if the pow- er is arbitrarily exercised, without a fair investiga- tion, and the rates are so fixed as to render it impos- sible to furnish the water without loss, it is not above the control of the courts. (Spring Valley W. W. v. San Francisco, 82 Cal. 286, 22 Pac. 910.) , If the board have fairly investigated and exer- cised their discretion in fixing the rates, the courts have no right to interfere on the sole ground that, in the judgment of the court, the rates fixed are not reasonable. (Spring Valley W. W. v. San Francisco, 82 Cal, 286, 22 Pac. 910.) The fixing of water rates is not judicial. (Spring Valley W. W. v. Bartlett, 68 Cal. 245.) An ordinance establishing water rates, and fixing certain rates to be paid by individuals and certain rates to be paid by the city, and providing that, if the city pays its rates, the rates of the individual consumers shall be diminished twenty-five per cent. is void, as the city has no power to make such con- dition. (San Francisco ete. Factory v. Brickwedel, 60 Cal. 166.) Constitution—28 Art. XIV, §2 CONSTITUTION OF 1879. 326 See further as to water rates, notes to section 33, article 4 and section’19, article 11. Failure to fix rates.—This provision does not au- thorize the court by mandamus to compel the board to fix the rates, where their action fixing them has been vetoed by the mayor. (Jacobs v. Supervisors, 100 Cal. 121, 34 Pac. 680.) An ordinance fixing rates passed subsequently to the month of February, and prior to July 1st, when it is required to take effect, is equally valid, if passed voluntarily, as if passed under peremptory process, (Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901.) The provision of this section authorizing the leg- islature to prescribe “further processes and penal- ties” only authorizes such processes and penalties as are within the power of the legislature, in view of other limitations of the constitution. (Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901.) A taxpayer is not an “interested party” within the meaning of this section. (Fitch v. Supervisors, 122; Cal.) 285,254 Pace e$01.) In view of section 20, article 6, the legislature can- not authorize the removal of a board of supervisors from office for delay in fixing water rates “at the suit of any interested party,” or in the name of any individual. (Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901.) Sec. 2. The right to collect rates or compensa- tion for the use of water supplied to any county, city and county, or town, or the inhabitants there- of, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law. WATER RATES.—The right to collect rates for water is a franchise. (Spring Valley W. W. vy. Schot- tler, 62 Cal. 69; People v. Stephens, 62 Cal. 209.) This section does not take away the right under the general law of the land to collect rates or com- pensation fixed by contract of the parties for the 327 : CONSTITUTION oF 1879. Art. XIV, §2 irrigation of lands, in the absence of a special stat- ‘ute, or authorized provision, regulating such rates. (Fresno Canal etc. Co. v. Park, 129 Cal. 487, 62 Pac. 87.) Art. XV, §§ 1-3 CONSTITUTION OF 1879. 328 ARTICLE XV. HARBOR FRONTAGES, ETC. Section 1. The right of eminent domain is hereby declared to exist in the state to all front- ages on the navigable waters of this state. Sec. 2. No individual, partnership, or corpora- tion, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this state, shall be permitted to exclude the right of way to such water when- ever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the legislature shall enact such laws as will give the most lberal construction to this provision, so that access to the navigable waters of this state shall be always attainable for the people thereof. NAVIGABLE WATERS.—If dams upon tide- water sloughs, though the sloughs be not themselves navigable, result in the obstruction of a navigable stream, they constitute a public nuisance, and are forbidden by this section. (People v. Russ, 132 Cal. 102.) Sec. 3. All tide lands within two miles of any incorporated city or town in this state, and front- 329 CONSTITUTION OF 1879. Art’ xX Vie$a -_ ing on the waters of any harbor, estuary, bay, or inlet used for the purposes of navigation, shall be withheld from grant or sale to private persons, partnerships, or corporations. Art. XVI, §1 CONSTITUTION OF 1879, 330 ARTICLE XVI. STATE INDEBTEDNESS. Section 1. The legislature shall not, in any manner, create any debt or debts, lability or lia- bilities, which shall, singly or in the aggregate with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war to repel invasion or suppress in- - surrection, unless the same shall be authorized by law for some si~gle object or work to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years of the time of the contracting thereof, and shall be ir- repealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until, at a general election, it shall have been submitted to the people and shall have received a majority of all the votes cast for and against it at such election; and all moneys raised by authority of such law shall be applied only to the specific object therein stated, or to ont CONSTITUTION OF 1879. Art. XVI, §1 -the payment of the debt thereby created, and such law shall be published in at least one news- paper in each county, or city and county, if one be published therein, throughout the state, for three months next preceding the election at which it is submitted to the people. The legislature may at any time after the approval of such law by the people, if no debt shall have been con- tracted in pursuance thereof, repeal the same. STATE INDEBTEDNESS.—The political depart- ment of the state government is the sole judge of the existence of war or insurrection. (Franklin v. State Board, 23 Cal..173; People v. Pacheco, 27 Cal. 175.) An appropriation for the purpose of repelling an invasion or suppressing insurrection, reciting the ex- istence of such war, is conclusive evidence of its existence. (People v. Pacheco, 27 Cai. 175; Reis v. State, 22 Cal. Dec. 206.) The constitution does not impose any limitation upon the amount of state indebtedness in case of war, to repel invasion or suppress insurrection. (franklin vy. State Board, 23 Cal. 173.) This section was intended to prevent the state from running into debt, and to keep her expendi- tures, except in certain cases, within her revenues. These revenues may be appropriated in anticipation of their receipt as effectually as when actually in the treasury. The appropriation of the moneys when received meets the services as they are ren- dered, thus discharging the liabilities as they arise, or rather anticipating and preventing their existence. (State v. McCauley, 15 Cal. 429.) This provision is an express restriction upon the power of the legislature, and there is no power in the judiciary to set it aside, whatever inconvenience may result from a legitimate application of it. It is not simply advisory to the legislature, but is manda- tory. (Nougues v. Douglass, 7 Cal. 65.) Art. XVI, §1 CONSTITUTION OF 1879. 4 It includes the necessary and ordinary expenses of the state, and includes an expenditure for the erec- tion of a state capitol. (Nougues v. Douglass, 7 Cal. 65.) This provision expressly prohibits the legislature from creating a debt in any case which shall, in the aggregate with previous debts and liabilities of the state, exceed the sum of three hundred thousand dollars, except for the purposes and in the manner herein provided. (People v. Johnson, 6 Cal. 499.) This provision is not limited to the power to borrow money, but includes all kinds of indebtedness and an indebtedness for constructing a road. (People v. Johnson, 6 Cal. 499.) It does not apply to counties or municipal corpo- rations. (Pattison v. Yuba County, 13 Cal. 175.) This provision distinguished from the provision of the charter of San Francisco'in Argenti v. San Francisco, 16 Cal. 255. : The act creating the board of state prison com- missioners is not in violation of this section, since the sums to be paid were to be paid in the future, and upon the performance of future services, and until such services were performed there was no debt against the state. (State v. McCauley, 15 Cal. 429; McCauley v. Brooks, 16 Cal. 11.) An act providing for the construction of a state capitol, and only authorizing the commissioners to contract for one hundred thousand dollars, is not in violation of this section. (Koppikus y. State Capitol Commrs., 16 Cal. 248.) An act which appropriates a sum of money for the future and directs certain payments to be made out of the same at designated periods, from year to year, and which imposes a special tax to meet the same as they become payable, is valid. (People y. Pacheco, 27 Cal. 175.) 333 CONSTITUTION OF 1879. Art. XVII, § 1 ARTICLE XVII. LAND AND HOMESTEAD EXEMPTION. § 1. Homesteads. § 2. Land monopoly. § 3. Lands granted only to actual settlers. Section 1. The legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families. HOMESTEAD.—The word “homestead” is here used in the popular sense, and represents the dwell- ing-house at which the family resides, with the usual appurtenances, including outbuildings of every kind necessary and convenient for family use, and land used for the purposes thereof. (Gregg v. Bostwick aa; Cal. 220.) This section does not itself create, nor does it vest, homestead rights in persons falling within the gen- eral description. It is merely directory. An act mak- ing the failure to file a declaration of homestead a forfeiture of the homestead right is valid. (Noble v. Hook, 24 Cal. 638.) The constitution contemplates legislation to exempt the homestead from forced sale, but not to restrain voluntary alienation. (Gee v. More, 14 Cal. 472.) This provision is inoperative in ‘itself, and looks to legislation to determine how far and in what man- ner the homestead shall be protected from forced sale. (Carey v. Tice, 6 Cal. 625.) It looks to the legislature to fix the extent of the right and the mode of its protection, with the limita- Art. XVII, §§ 2,3 CONSTITUTION OF 1879. 334 tion of the rights of creditors therein. (Beaton v. Reid, 111 Cal. 484, 44 Pac. 167.) The constitution is based upon the ‘idea that the homestead is to be carved out of the property of the husband, or at least out of the common property. (Gee v. More, 14 Cal. 472.) If in the country, the homestead may include a garden or farm; if in a town or city, it may include one or more lots or blocks. It need not be compact in form, and is not measured by fences merely. The only tests are use and value. (Gregg v. Bostwick, 33 Cal. 220.) Statutes for the purpose of carrying out the con- stitutional command as to the preservation of the homestead for the family are remedial, and should be. liberally, or at least fairly and reasonably, and not strictly, construed. (Southwick v. Davis, 78 Cal. 504, 21 Pac. 121.) Sec. 2. The holding of large tracts of land, uncultivated and unimproved, by individuals or corporations, is against the public interest, and should be discouraged by all means not incon- sistent with the rights of private property. TRACTS OF LAND.—This section declares a pol- icy against the holding of large tracts of land un- cultivated, and this policy should not be limited by a narrow construction of the constitution. (Fulton v. Brannan, 88 Cal. 454, 26 Pac. 506.) Sec. 3. Lands belonging to this state, which are suitable for cultivation, shall be granted only to actual settlers, and in quantities not exceeding three hundred and twenty acres to each settler, under such conditions as shall be prescribed by law. PUBLIC LANDS.—The provision of this section that “lands belonging to the state which are suita- 335 CONSTITUTION OF 1879. Art. XVII, §3 ble for cultivation, shall be granted only to actual settlers,” operates on applications made before as well as those made after the constitution took effect. (Johnson vy. Squires, 55 Cal. 108; Mosely v. Torrence, 71 Cal. 318, 12 Pac. 480.) An application to purchase state lands made by one not an actual settler, before the adoption of the new constitution, and who had made no payments there- on, conferred no right to purchase such lands after the adoption of the constitution. (Urton v. Wilson, 65 Cal. 11, 2 Pace. 411.) A certificate of purchase, obtained before the adop- tion of the new constitution, is not impaired by this section. (Miller v. Byrd, 90 Cal. 150, 27 Pac. 51.) What are public lands.—The phrase, “lands belong: ing to the state which are suitable for cultivation,” includes all of its lands which are ready for occupa- tion, and which, by ordinary farming processes, are fit for agricultural purposes. Thus swamp-lands may be suitable for cultivation. (Fulton v. Brannan, 88 Cal. 454, 26 Pac. 506; Goldberg v. Thompson, 96 Cal. 117, 30 Pac. 1019; MeceNee v. Lynch, 88 Cal. 519, 26 Pac. 508; McDonald v. Taylor, 89 Cal. 42, 26 Pac. 595; Belcher v. Farren, 89 Cal. 73, 26 Pac. 791; Dewar v. Ruiz, 89 Cal. 885, 26 Pac. 832; Manley vy. Cunningham, 72 Cal. 236, 138 Pac. 622.) The fact that the land is in most places heavily covered with redwood timber and brush, that it would not, when cleared, produce ordinary agricul- tural crops in average quantities, and that it is more valuable for timber than for agriculture, does not render it unsuitable for cultivation. (Jacobs v. Walk- er, 90 Cal. 43, 27 Pac. 48.) Actual settlers.—An actual settler is one who es- tablishes himself upon the land, or fixes his resi- dence upon it, to take possession for his exclusive occupancy and use, with a view of acquiring title to it by purchase from the state. (Gavitt v. Mohr, 63S Cal. 506, 10 Pac. 337.) Under this section a claimant to purchase state lands which are suitable for cultivation must be at the time of his application an actual settler there- on. (Gavitt v. Mohr, 68 Cal. 506, 10 Pac. 337.) Art. XVII, §3 CONSTITUTION OF 1879. 335 The fact that an applicant living upon swamp- land suitable for cultivation removed his family therefrom temporarily, because of the ill-health of a member of his family, does not show nor tend to show that he was not an actual settler. (Maddux vy. Brown, 91 Cal. 523, 27 Pac. 771.) 837 CONSTITUTION OF 1879. Art. XVIII, §1 ARTICLE XVIII. AMENDING AND REVISING THE CONSTITU- TION. § 1. Proposal of amendments—Submission to vote. § 2. Revision—Convention for. Section 1. Any amendment or amendments to this constitution may be proposed in the senate or assembly, and if two-thirds of all the members elected to each of the two houses shall vote in favor thereof, such proposed amendment or amend- ments shall be entered in their journals, with the yeas and nays taken thereon; and it shall be the duty of the legislature to submit such proposed amendment or amendments to the people in such manner, and at such time, and after such publi- cation as may be deemed expedient. Should more amendments than one be submitted at the same election they shall be so prepared and distin- guished, by numbers or otherwise, that each can be voted on separately. If the people shall ap- prove and ratify such amendment or amendments, or any of them, by a majority of the qualified electors voting thereon, such amendment or amend- ments shall become a part of this constitution. CONSTITUTIONAL AMENDMENTS.—A general act as to the submission of constitutional amend- Constitution—29 Art. XVIII, §2 CONSTITUTION OF 1879. 338 ments is valid; and it is not necessary that an amend- ment be submitted specially by the legislature pro- posing it. (Martin v. Election Commrs., 126 Cal. 404, 5o Pac. 932.) Where the Political Code provides for the certifica- tion of proposed constitutional amendments by the secretary of state to the county clerks “not less than twenty-five days before election,” and providing for the printing of such amendments upon the ballots, it is to be presumed that they are to be voted upon at the next general election after the proposal of the amendment, and this section is sufficiently com- plied with. (People v. Curry, 180 Cal. 82, 62 Pac. 516, Temple, J., and Harrison, J., dissenting.) The constitution does not permit the legislature to propose an amendment that will not upon its adop- tion by the people become an effective part of the constitution; nor one which, if ratified, will take effect only at the will of other persons, or upon the approval of such other persons, or on some specified act or condition. (Livermore v. Waite, 102 Cal. 113, 36 Pac. 424.) The constitution can neither be revised nor amend- ed, except in the manner prescribed by itself, and the power conferred upon the legislature by this sec- tion must be Strictly pursued. (Livermore y. Waite, 102 Cal. 113.) The time at which a proposed amendment to the constitution is to be submitted to the people for ratification must be fixed by an act of the legisla- ture, approved by the governor in the same manner as other acts. (Hatch v. Stoneman, 66 Cal. 632, 6 Pac. 784.) An amendment need not be entered in the journals at length, but it is sufficient if entered by identify- ing reference to the title of the amendment. (Thom- ason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Oakland Pay. Co. v. Tompkins, 72. Cal. 5). 3g2 8 Page homason v. AShworth, 73 Cal. 73, 14 Pac. 615. But see Oakland Pay. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3.) , Sec. 2. Whenever two-thirds of the members elected to each branch of the legislature shall 839 CONSTITUTION OF 1879. Art. XVIII, § 2 deem it necessary to revise this constitution, they shall recommend to the electors to vote at the next general election for or against a convention for that purpose, and if a majority of the electors voting at such election on the proposition for a convention shall vote in favor thereof, the legis- lature shall, at its next session, provide by law for calling the same. The convention shall con- sist of a number of delegates not to exceed that of both branches of the legislature, who shall be chosen in the same manner, and have the same qualifications, as members of the legislature. The delegates so elected shall meet within three months after their election at such place as the legis- lature may direct. At a special election to be provided for by law, the constitution that may be agreed upon by such convention shall be sub- mitted to the people for their ratification or re- jection, in such manner as the convention may determine. The returns of such election shall, in such manner as the convention shall direct, be certified to the executive of the state, who shall call to his assistance the controller, treasurer, and secretary of state, and compare the returns so certified to him; and it shall be the duty of the executive to declare, by his proclamation, such constitution, as may have been ratified by a ma- jority of all the votes cast at such special elec- tion, to be the constitution of the state of Cali- fornia. Art. XTX, §1 CONSTITUTION OF 1879. 340 ARTICLE XIX. CHINESE. Protection from alien paupers, ete. Corporations prohibited from hiring Chinese. Public works, Chinese not to be employed on. Coolieism prohibited—Removal of Chinese. CH Cr Gr Cr een ie Section 1. The legislature shall prescribe all necessary regulations for the protection of the state, and the counties, cities, and towns thereof, from the burdens and evils arising from the pres- ence of aliens who are or may become vagrants, paupers, mendicants, criminals, or invalids af- flicted with contagious or infectious diseases, and from aliens otherwise dangerous or detrimental to the well-being or peace of the state, and to impose conditions upon which such persons may reside in the state, and to provide the means and mode of their removal from the state, upon failure or refusal to comply with such conditions ; provided, that nothing contained in this section shall be construed to impair or limit the power of the legislature to pass such police laws or other regulations as it may deem necessary. POLICE REGULATIONS.—A state has the power to exclude from its limits paupers, vagabonds, and criminals, or sick, diseased, infirm, and disabled per- 341 CONSTITUTION OF 1879. Art. XIX, §§ 2,3 sons, who are liable to become a public charge, or to admit them only on such terms as will prevent the State from being burdened with their support. (State v. Steamship Constitution, 42 Cal. 578.) The power to exclude from the limits of a state persons not paupers, etc., is a regulation of commerce, and cannot be exercised by the state. (State vy. Steamship Constitution, 42 Cal. 578.) An act giving the horticultural commissioners power to abate a nuisance caused by insect pests in orchards, etc., is authorized by this section. (Los Angeles Co. v. Spencer, 126 Cal. 670, 59 Pac. 202% Riverside Co. v. Butcher, 22 Cal. Dec. 42.) An act requiring all children attending the public schools to be vaccinated is authorized by this section. (Abeel v. Clark, 84 Cal. 226, 24 Pac. 383.) An act levying upon each person of the Mongolian race a monthly license tax of two dollars and fifty cents for working the mines, or for prosecuting any business, is in violation of the commerce clause of the United States constitution. (Lin Sing v. Wash- burn, 20 Cal. 534.) An act forbidding the landing of lewd or debauched women within the state is valid. (Ex parte Ah Fook, 49 Cal. 402.) Sec. 2. No corporation now existing or here- after formed under the laws of this state, shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian. The ‘legislature shall pass such laws as may be necessary to enforce this provision. CHINESE LABOR.—This provision of the constitu- tion is in conflict with the treaty between the United States and China, and is void. (In re Parrott, 1 Fed. 481. See, also, Baker v. City of Portland, 3 Pac. Cc. L. J. 469; Chapman vy. Toy Long, 4 Saw. 28; Ex parte Ah Cue, 101 Cal. 197, 35 Pac. 556.) See. 3. No Chinese shall be employed on any state, county, municipal, or other public work, except in punishment for crime. Art. XIX, §4 CONSTITUTION OF 1879. 342 CHINESE EMPLOYMENT.—As to the validity of this provision, see Baker y. City of Portland, 3 Pac. COwilieds 472, Sec. 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the state, and the legislature shall discourage their immigra- tion by all the means within its power. Asiatic cooleism is a form of human slavery, and is forever prohibited in this state, and all contracts for coole labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall, be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and towns of this state for the removal of Chinese without the lmits of such cities and towns, or for their location within prescribed por- tions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this state of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation. IMMIGRATION.—As to the validity of legisla- tion excluding foreigners, see State v. Steamship Constitution, 42 Cal. 578; Lin Sing v. Washburn, 20 Cal. 534; Ex parte Ah Fook, 49 Cal. 402; In re Par- rott, 1 Fed. 481; Baker v. City of Portland, 3 Pac. Cc. L. J. 472; Ho Ah Kow v. Nunan, 3 Pac. C. L. J. 413, 343 Or Or Pe Cr UR Lr Mr LM GM Or Or Mr Mm Lr MG KM 12. 13. 14. 15. 16. Ue 18. § 19. § 20. CONSTITUTION OF 1879. Art. XX, §1 ARTICLE XX. MISCELLANEOUS SUBJECTS. Seat of government. Dueling, disabilities arising from. Oath of office. Election and appointment of officers and com- missioners. Fiscal year. Suits against state. Marriage contracts, validity of. Separate property of husband and wife. Perpetuities not allowed. Disqualification for office by giving or taking bribe. Exclusion from office, jury, and right of suf- frage of certain persons—Protection of right of suffrage. Residence, when absence not to affect. Plurality vote to elect. State board of health. Mechanic’s lien. Term of office, duration of. Hight hours a legal day’s labor. Sex not a disqualification for business. Payment of expenses of convention. Election of officers—Term, when commences. Section 1. The city of Sacramento is hereby declared to be the seat of government of this Art. XX, § 2 CONSTITUTION OF 1879. 344 state, and shall so remain until changed by law; but no law changing the seat of government shall be valid or binding unless the same be approved and ratified by a majority of the qualified electors of the state voting therefor at a general state election, under such regulations and provisions as the legislature, by a two-thirds vote of each house, may provide, submitting the question of change to the people. SEAT OF GOVERNMENT.—This section is sub- ject to amendment in the Same manner as any other part of the constitution. (Livermore y. Waite, 102 Cal. 118, 86 Pac. 424.) The proposed constitutional amendment of 1893 to change the seat of government to San Jose was held: invalid and ineffective, its operation being limited upon the uneertain conditions of the donation to the state of not less than ten acres of land, and one million dollars in money, and the approval by the governor, secretary of state, and attorney general of the site so donated. (Livermore v. Waite, 102 Cal. 113, 36 Pac. | 424.) An act making Vallejo the permanent seat of government, and providing that one Vallejo should give a bond for the performance of the proposition which he had submitted to the legislature, and should provide a statehouse, and failing to do so, “then this act to be void,” is constitutional, and operated to change the seat of government and cannot be de- feated by the breach of the condition. (People v. Big- lers-5. Gal. 25.) Sec. 2. Any citizen of this state who shall, after the adoption of this constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall 345 CONSTITUTION OF 1879. AttHXX, $3 act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution. Sec. 38. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective of- fices, take and subscribe the following oath or affirmation : “T do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully dis- charge the duties of the office of ————, accord- ing to the best of my ability.” And no other oath, declaration, or test shall be required as a qualification for any office or public trust. OATH OF OFFICE.—The terms “office” and “pub- lic trust” have relation to such duties and responsi- bilities as are of a public nature. (Ex parte Yale, 24 Cal. 241.) An attorney at law does not hold an “office” or “public trust’ within the meaning of this section. (Ex parte Yale, 24 Cal. 241; Cohen v. Wright, 22 Cal. 293.) This provision does not prohibit the legislature from prescribing an oath to such officers in a different form of words from that herein used, if the meaning, obiect, and intent of the section be not violated. (Cohen v. Wright, 22 Cal. 298.) It is competent for the legislature to make the tak- ing of the oath of office a condition subsequent. (Ball v. Kenfield, 55 Cal. 320.) Art. XX, §§ 4,5 CONSTITUTION OF 1879. 346 It is to be presumed that officers will qualify within a reasonable time consistent with their duties. (Brodie vy. Campbell, 17 Cal. 11.) The provisions of the Purity of Elections Law re- quiring a successful candidate for office to support his statement of election expenses by his oath, as a prerequisite to his right to take office, is in violation of this section, as they impose an oath or test sub- stantially different from that made exclusive by the constitution. (Bradley, v. Clarke, 21 Cal. Dec. 815.) Sec. 4. All officers or commissioners whose elec- tion or appointment is not provided for by this constitution, and all officers or commissioners whose offices or duties may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct. ELECTION AND APPOINTMENT OF OF- FICERS.—This section does not prevent the legisla- ture itself from electing an officer created by it. (Peo- ple v. Langdon, 8 Cal. 1.) The words “elect” and “appoint” are used synony- mously in the constitution. (People v. Langdon, 8 Cal. 1.) : . This section does not authorize the legislature to exercise the power of appointment to office, if that is essentially an executive function, under section 1, article 3, of the constitution. (People v. Freeman, 80 Cal. 2338, 22 Pac. 178.) The constitution does not prohibit the legislature from conferring on a voluntary association of persons, who are not citizens of the United States, nor electors of the city, the power to elect a person to fill an office created by the legislature. (In re Bulger, 45 Cal. 553.) Sec. 5. The fiscal year shall commence on the first day of July. FISCAL YEAR.—The fiscal year ends with the thirtieth day of June. (Rollins v. Wright, 93 Cal. 395, 29 Pac. 58.) 347 CONSTITUTION OF 1879. Art. XX, §§ 6-8 An act legalizing assessments for taxes for the fiscal year ending on the first day of March is not void because the constitution provides that the fiscal year shall commence on the first day of July, but the word “fiscal” in the act may be treated as sur- plusage. (People v. Todd, 23 Cal. 181.) Sec. 6. Suits may be brought against the state in such manner and in such courts as shall be di- rected by law. Sec. 7. No contract of marriage, if otherwise duly made, shall be invalidated for want of con- formity to the requirements of any religious sect. Sec. 8. All property, real and personal, owned by either husband or wife before marriage, and that acquired by either of them afterward by gift, devise, or descent, shall be their separate prop- erty. SEPARATE PROPERTY.—The word “separate” neither enlarges nor limits her right to the property mentioned, but merely distinguishes it from her com- mon property. (Dow v. Gould & Curry ete. Min. Co., 31 Cal. 629.) The last clause of the corresponding section of the old constitution refers only to the disabilities under which the wife labored at common law by reason of coverture. (Dow vy. Gould & Curry ete. Min. Co., ot(7al.'.629.) In the absence of any agreement the husband ac- quires no interest in the separate property of the wife by bestowing labor upon it. (Lewis v. Johns, 24 Cal. 98.) All property which can be shown by’ satisfactory testimony to belong to the separate estate of the wife, whether real, personal, or mixed, and all the rents, issues and profits thereof, are sacred to the use and enjoyment of the wife, and cannot be held to an- Art. XX, §§ 9-11 ‘consTITUTION oF 1879. _ 348 swer for the debts of the husband. (Lewis v. Johns, 24 Cal. 98.) The term “separate property” is used in its com- mon-law sense, and by that law “separate property” means an estate held, both in its use and fitle, for the exclusive benefit of the wife. To give the hus- band or his creditors any claim upon the separate property of the wife is unconstitutional. (George vy. Ransom, 15 Cal. 322.) An act requiring a deed conveying the separate property of the wife to be signed by the husband is not unconstitutional. (Dow vy. Gould & Curry ete. Min. .Co.,-31 Cal. 629.) Sec. 9. No perpetuities shall be allowed except for eleemosynary purposes. PERPETUITIES.—Trusts for perpetual charitable uses are not in conflict with this section. (Estate of Hinckley, 58 Cal. 457.) The term “eleemosynary” is not confined to alms- giving or charity shown exclusively to the poor, but includes all charitable purposes, including schools, as well as asylums, hospitals, and religious institu- tions. (People v. Cogswell, 113 Cal. 130, 45 Pac. 270.) Sec. 10. Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appoint- ment. Sec. 11. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, un- Const.: Art. XX, Sec. 13. Election by plurality. Section 13. A plurality of the votes given at any election shall constitute a choice where not otherwise directed in this constitu- tion, [provided that it shall be competent in all charters of cities, counties or cities and counties framed under the authority of this constitution to provide the manner in which their respective elec- tive officers may be elected and to prescribe a higher proportion of the vote therefor, and provided also, that it shall be competent for the legislature by general law to provide the manner in which officers of municipalities organized or Incorporated under general flaws may be elected and to prescribe a higher proportion of the vote therefor]. [Amendment adopted October 10, 1911.] . 349 CONSTITUTION OF 1879. Art. XN, §§ 12-15 der adequate penalties, all undue influence there- on from power, bribery, tumult, or other improper practice. BRIBERY.—Where a candidate for office publicly pledges himself before the election to perform the du- ties of the office for less than the compensation estab- lished by law, and by reason thereof a sufficient num- ber of voters were induced to vote for him to secure him the election, his election is void. (State v. Collier, 3 Pac. C: L. J. 394; State v. Purdy, 36 Wis. 213.) A vote given for a public officer, in consideration of his promise, in case he should be elected, to do- nate a sum of money or other valuable thing to a third party, is void. (Tucker v. Aiken, 7 N. H. 140; Alvord vy. Collin, 20 Pick. 428.) See, further, State v. Church, 5 Or. 875; Common- wealth v. Shaver, 3 Watts & S. 338. SUFFRAGE.—This section does not authorize the passage of a law curtailing the privilege of free suf- frage. (Spier v. Baker, 120 Cal. 370, 52 Pac. 659.) See. 12. Absence from this state, on business of the state or of the United States, shall not affect the question of residence of any person. Sec. 13. A plurality of the votes given at any election shall constitute a choice, where not other- wise directed in this constitution. Sec. 14. The legislature shall provide, by law, for the maintenance and efficiency of a state board of. health. " Sec. 15. Mechanics, materialmen, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or Constitution—30 Art. XX, § 16 CONSTITUTION OF 1879. .- 350 furnished material for the value of such labor done and material furnished; and the legislature shall provide, by law, for the speedy and efficient enforcement of such liens. MECHANICS’: LIENS.—This section is not self- executing and is inoperative, except as supplemented by legislation. (Spinney vy. Griffith, 98 Cal. 149, 32 Pac. 974.) The constitution by this section has left to the legislature the duty of providing for the enforcement of these liens. (Morse v. De Ardo, 107 Cal. 622, 40 Pac. 1018.) | The legislature has power to provide that the owner shall be liable to materialmen and laborers, unless he executes his contract in a certain form, and files it in the recorder’s office. (Kellogg v. Howes, 81 Cal. 170, 22. Pac. 509.) This section does not give a lien upon publie build- ings or property. (Mayrhofer v. Board of Education, 89 Cal. 110, 26 Pac. 646.) Sections 1183 to 1199 of the Code of Civil Procedure, not being inconsistent with this section, remained in force after its adoption. (Germania Bldg. ete. Assn. v. Wagner, 61 Cal. 349.) Sec. 16. When the term of any officer or com- missioner is not provided for in this constitution, the term of such officer or commissioner may be declared by law; and, if not so declared, such officer or commissioner shall hold his position as such officer or commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years. | TERM OF OFFICE.—This section being a re-enact- ment of section 7, article 11, of the former constitu- tion, must be construed in the same manner. (People v. Edwards, 93 Cal. 153.) : The word “duration” signifies extent, limit, or time. (People v. Hill, 7 Cal. 97.) Const.: Art. XX, Sec. 16. Term of office, when not fixed by constitution. Section 16. When the term of any officer or commissioner is not provided for in this constitution, the term of such officer or com- missioner may be declared by law; and, if not so declared, such officer or commissioner shall hold his position as such officer or commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years; provided, however, that in the case of any officer or employee of any municipality governed under a legally adopted charter, the provisions, of such charter with reference to the tenure of office - or the dismissal from office of any such officer or employee shall control; [and provided further, that the term of office of any per- son heretofore or hereafter appointed to hold office or employment during good behavior under civil service laws of the state or of any political division thereof shall not be limited by this section]. [Amendment adopted October 10, 1911.] 351 CONSTITUTION OF 1879. Art. XX, § 16 “Good behavior” is not a term within the meaning of this section. (Somers y. State, 58 S. Dak. 584.) The legislature may direct the time and mode of the election of an officer whose term is prescribed by the constitution, but cannot change the tenure. (Peo- ple vy. Burbank, 12 Cal. 378.) Where an officer is appointed for two years, he does not hold by the tenure of the approbation of. the appointing power. (People v. Reid, 6 Cal. 288.) An officer appointed to hold for one year, or until his successor should be appointed and qualified, has no fixed term, and. he may be removed at any time by the appointing power. (Higgins v. Cole, 100 Cal. 260, 34 Pac. 678.) This section refers to officers of statutory creation as well as to officers mentioned in the constitution itself. (People v. Perry, 79 Cal. 105, 21 Pac. 4238.) The commissioners to manage the Yosemite Valley are officers of the state within the meaning of this section, and their terms expired four years after their appointment. (People v. Ashburner, 55 Cal. 517.) The commissioners of the funded debt of San Fran- cisco were not officers. (People v.. Middleton, 28 Cal. 603.) The members of the board of health of San Fran- cisco are officers within the meaning of this section, and a statute fixing their term of office at five years is unconstitutional and leaves the duration of the term unfixed and subject to the pleasure of the gov- ernor. (People v. Perry, 79 Cal. 105, 21 Pac. 423.) The health inspector of San Francisco is an officer. (Patton v. Board of Health, 127 Cal. 388, 59 Pac. 702.) As to who are officers generally, see Vaugn v. Eng- lish, 8 Cal. 39; Crawford v. Dunbar, 52 Cal. 36; Far- rell v. Sacramento, 85 Cal. 408, 24 Pac. 868; State v. Brandt, 41 Iowa, 593; Somers v. State, 5 S. Dak. 584; United States v. Hartwell, 6 Wall. 385; note, 72 Am. Dec. 179-189; Wright v. Laugenour, 55 Cal. 280; Phelps v. Winchomb, 3 Bulst. 77. The legislature cannot provide that officers ap- pointed by a board shall not be removed without just cause, where the duration of their terms is not fixed. (People v. Hill, 7 Cal. 97; Smith v. Brown, 59 Cal. 672; People v. Shear, 15 Pac. 92; Patton vy. Board of Health, 127 Cal. 388, 59 Pac. 702.) Art. XX, §§ 17, 18 CONSTITUTION OF 1879. B02 As to whether or not the Civil Service provisions of the San Francisco charter are in violation of this provision, see Cahen v. Wells, 132 Cal. 447. This section must be construed to deny the right of removal in those cases where the tenure is de- fined by law. (People v. Jewett, 6 Cal. 291.) The constitution does not prohibit an office created by the legislature from continuing over four years, but merely limits the incumbent’s term to four years. (People v. Stratton, 28 Cal. 382.) This section does not forbid a holding over until a successor has been chosen and. qualified. (People v. Hdwards, 93 Cal. 158, 28 Pae. 831.) Where the term of an officer is not fixed by the constitution or by law, and the authority of the power making the appointment has ceased, there is no vacancy in the office, but the officer holds over. (People v. Hammond, 66 Cal. 654, 6 Pae. 741; People v. Gunst, 110 Cal. 447, 42 Pace. 968.) Sec. 17. Eight hours shall constitute a legal day’s work on all public work. Sec. 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession. SEX.—This section is self-executing, and needs no legislation to put it in effect, and imposes a restraint on every law-making power of the state, whether an act of the legislature or an ordinance of a municipal corporation. (Matter of Maguire, 57 Cal. 604.) The word “qualified,” as used in this section, is pre- sumed to be used in its natural and ordinary sense. (Matter of Maguire, 57 Cal. 604; Weill v. Kentfield, 54 Gals TL) An ordinance prohibiting the employment of fe- males in dance-halls, etc., is in violation of this sec- tion. (Matter of Maguire, 57 Cal. 604. But see Bx parte Felchlin, 96 Cal. 360, 31 Puc. 224.) _ A city ordinance which fixes the license for the carrying on of a saloon where females are employed, and where intoxicating liquors are sold in less quanti- Article XX, Section 17. See. 17. The time of service of all laborers or workmen or mechanics employed upon any public works of the state of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public work and preseribe proper penalties for the speedy and efficient enforcement of said law. (Amendment adopted November 4, 1902.) ARTICLE XX. Minimum Wage for Women and Minors. Section 171% (new). The legislature may, by appropriate legisla- tion, provide for the establishment of a minimum wage for women and minors and may provide for the comfort, health, safety and general welfare of any and all employees. No provision of this constitution shall be construed as a limitation upon the author- ity of the legislature to confer upon any commission now or hereafter created, such power and authority as the legislature may deem requisite to carry out the provisions of this section. (Adopted November 3, 1914.) 353 CONSTITUTION OF 1879. Art. XX, §§ 19, 20 ties than one quart, at a higher rate than a license for conducting a saloon where females are not em- ployed, is valid. (Ex parte Felchlin, 96 Cal. 369. Opinion of MeclXinstry, J., in Matter of Maguire, 57 Cal. 614, approved.) An ordinance providing that no license shall be is- - sued to persons engaged in the sale of liquorsin dance- halls, or dance-cellars, or in places where musical, the- atrieal, or other public exhibitions are given, and where females attend as waitresses, is valid. (Hx parte Hayes, 98 Cal. 555, 33 Pac. 337.) See. 19. Nothing in this constitution shall prevent the legislature from providing, by law, for the payment of the expenses of the convention framing this constitution, including the per diem of the delegates for the full term thereof. Sec. 20. Elections of the officers provided for by this constitution, except at the election in the year eighteen hundred and seventy-nine, shall be held on the even-numbered years next before the expiration of their respective terms. The terms of such officers shall commence on the first Mon- day after the first day of January next following their election. TIME OF ELECTIONS.—This section controls all other provisions of the constitution as to when the term of office of officers elected under it commence. (Merced Bank vy. Rosenthal, 99 Cal. 39, 31 Pac. 849, 33 Pac. 782.) The officers mentioned in this section are not the county, township, and municipal officers who are dis- tinctly mentioned in section 5, article 11, and the duration of whose terms the legislature is expressly directed to fix. (In re Stuart, 53 Cal. 745.) The officers mentioned in this section are the same Art. XX, § 20 CONSTITUTION OF 1879. 354 as those mentioned in section 10, article 22. (Barton v. Kalloch, 56 Cal. 95.) Under this section justices of the peace are to be elected in the even-numbered years. (People v. Ran- som, 58 Cal. 558; Bishop v. Oakland, 58 Cal. 572; Jenks v. Oakland, 58 Cal. 576; Coggins v. Sacra- mento, 59 Cal. 599.) a Const. >. Art.“ XX, Sec, 21. Employers’ liability. Section 21. The legislature may by appropriate legislation create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment irrespective of the fault of either party. The legislature may provide for the settlement of any disputes arising under the legislation contemplated by this sec- tion, by arbitration, or by an industrial accident board, by the courts, or by either any or all of these agencies, anything in this constitution to the contrary notwithstanding. [New section adopted October 10, 1911.] 355 CONSTITUTION OF 1879. Art, XXI, §1 ARTICLE XXI. BOUNDARY. Section 1. The boundary of the state of Cali- fornia shall be as follows: Commencing at the point of intersection of the forty-second degree of north latitude with the one hundred and twen- tieth degree of longitude west from Greenwich, and running south on the line of said one hun- dred and twentieth degree of west longitude un- til it intersects the thirty-ninth degree of north latitude; thence running in a straight line, in a southeasterly direction, to the River Colorado, at a point where it intersects the thirty-fifth de- gree of north latitude; thence down the middle of the channel of said river to the boundary line be- tween the United States and Mexico, as estab- lished by the treaty of May thirtieth, one thou- sand eight hundred and forty-eight; thence run- ning west and along said boundary line to the Pacific Ocean, and extending therein three Eng- lish miles; thence running in a northwesterly di- rection and following the direction of the Pa- cific Coast to the forty-second degree of north Art. X XI, §1 CONSTITUTION oF 1879. 356 latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also, including all the islands, harbors, and bays along and adjacent to the coast. 357 Cr Or ws MRMrmMmMm MMM MH M&M res fe ae eS SS © o0 10. i 12. CONSTITUTION OF 1879. Art. XXII, §1 ARTICLE XXII. SCHEDULE. Laws to remain in force. Recognizances, obligations, ete., unaffected. Courts, save justices’ and police courts, abol- ished—Transfer of records, books, ete. State printing. Ballots to be printed. Registers, poll-books, etc., to be furnished. Who entitled to vote for constitution. Canvass of. returns of vote. Computing returns of vote. Terms of officers first elected. Laws applicable to judicial system. Constitution, when to take effect. That no inconvenience may arise from the al- terations and amendments in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared: Section 1. That all laws in force at the adop- tion of this constitution, not inconsistent there- with, shall remain in full force and effect until altered or repealed by the legislature; and all rights, actions, prosecutions, claims, and contracts of the state, counties, individuals, or bodies cor- Art. XXII, §1 consTiTuTION oF 1879. 358 porate, not inconsistent therewith, shall continue to be as valid as if this constitution had not been adopted. The provisions of all laws which are inconsistent with this constitution shall cease upon the adoption thereof, except that all laws which are inconsistent with such provisions of this constitution as require legislation to enforce them shall remain in full force until the first day of July, eighteen hundred and eighty, unless sooner altered or repealed by the legislature. LAWS CONTINUED IN FORCE.—The constitu- tion of 1879 did not, proprio vigore, repeal or dis- place all the statutes of the state theretofore in force, but only such as were inconsistent with those pro- visions of that constitution which do not require legis- lation to put them in force. (In re Stuart, 53 Cal. 745.) Section 25, article 4, being merely prospective, special laws passed before the adoption of the con- stitution are not superseded. (Smith v. McDermott, 98 Cal. 421, 29 Pac. 34.) The provision of the constitution giving the superior court jurisdiction of special proceedings, not requir- ing legislation to enforce it, the superior court has jurisdiction, as the successor of the district court, to entertain proceedings under sections 312 and 315 of the Civil Code, although those sections mention the district court. (Wickersham vy. Brittan, 93 Cal. 34, 28 Pac.- 792, 29: Pac’ 51.) A statute giving the district court jurisdiction of a special proceeding is not inconsistent “with the con- stitution, and did not cease upon its adoption. (Wick- ersham v. Brittan, 98 Cal. 34. Fraser v. Alexander, 75 Cal. 147, 16 Pac. 757, overruled.) Section 13, article 11, being only prospective, an act passed prior to the constitution which is incon- sistent with it is not superseded. (Commissioners v. Trustees, 71 Cal. 310, 12 Pac. 224.) 359 CONSTITUTION OF 1879. Art. XXII, $1 Sections 1183 to 1199 of the Code of Civil Proce- dure, not being inconsistent with section 15, article 20, of the constitution, remained’ in force after its adoption. (Germania Bldg. etc. Assn. v. Wagner, 61 Cal. 349.) © The law providing for the election of a clerk of the supreme court was not superseded by the con- stitution. (Gross v. Kenfield, 57 Cal. 626.) Section 1, article 18, which provides that ‘“‘all prop- erty in the state, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law,” is self-executing, and requires the assessor to ascertain such value in the manner now provided by law. (Hyatt v. Allen, 54 Cal. 353; McDonald v. Patterson, 54 Cal. 245.) The Consolidation Act of the city and county of San Francisco remained in force notwithstanding section 7, article 11, requiring two boards of super- visors, Since that section required legislation to put it in effect. (Desmond v. Dunn, 55 Cal. 242.) The effect of the new constitution in repealing the provision of the act of 1878, declaring how and by whom two of the fire commissioners should be ap- pointed, did not necessarily destroy the two offices, nor affect the validity of the act, but the incumbents continued to hold after the appointing power was abolished. (People v. Newman, 96 Cal. 605, 31 Pac. 564.) Where, at the adoption of the constitution, the Political Code fixed the salary of county superintend- ent of schools, and in 1878 the legislature passed a special law on the subject to go into effect on the first Monday of March, 1880, the provision of the Political Code remained in force, and the special act never went into effect. (Peachy v. Supervisors, 59 Cal. 548; Whiting v. Haggard, 60 Cal. 513.) Where a special act was passed prior to the new constitution, but it was provided that it should not affect the present incumbent, whose term did not ex- pire until after the constitution went into effect, the act was not superseded by the constitution. (Los Angeles v. Lamb, 61 Cal. 196. Peachy v. Super- visors, 59 Cal. 548, distinguished.) Art. XXII, §1 CONSTITUTION OF 1879. 360 LAWS SUPERSEDED.—The provision of the char- ter of San Francisco for the making a contract for street work before an assessment had been levied and collected, being inconsistent with section 19, article 11, of the constitution, was superseded by it. (Thomason v. Ruggles, 69 Cal. 465, 11 Pac. 20; Oak- land Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Mc- Donald v. Patterson, 54 Cal. 245; Donahue v. Gra- ham, 61 Cal. 276.) The act of 1858 providing for the fixing of water rates by a commissioner, being inconsistent with section 1, article 14, of the constitution, was super- seded by that section. (Spring Valley W. W. v. San Francisco, 61 Cal. 3.) The provision of the act of 1858, requiring water companies to furnish water free of charge to cities and counties was abrogated by this section, because in conflict with section 19, article 11, and section 1, article 14. (Spring Valley W. W. v. San Francisco, 61 Cal. 18.) The provision of the Political Code imposing a li- cense upon the business of selling goods, ete., at a fixed place of business, being in conflict with section 12, article 11, of the constitution, became inoperative upon the adoption of the constitution. (People v. Martin, 60 Cal. 158.) Held that an ordinance prohibiting the employ- ment of females in dance-halls, ete., being in con- flict with section 18, article 20, ceased upon the adop- tion of the constitution. (Matter of Maguire, 57 Cal. 604.) The act of 1875, which provided that the text-books in use in 1873, 1874, 1875, should be continued in use until otherwise provided by statute, was superseded by section 7, article 9, which provides that the local boards of education should adopt text-books within their respective jurisdictions. (People v. Board of Edueation, 55 Cal. 331.) An act passed before the adoption of the consti- tution, but which was not to go into effect until a later date, never went into effect. (Speegle v. Joy, 60 Cal. 278.) 361 CONSTITUTION OF 1879. Art. XXII, §§ 2,3 Sec. 2. That all recognizances, obligations, and all other instruments entered into or executed before the adoption of this constitution, to this state, or to any subdivision thereof, or any mu- nicipality therein, and all fines, taxes, penalties, and forfeitures due or owing to this state, or any subdivision or municipality thereof, and all writs, prosecutions, actions, and causes of action, ex- cept as herein otherwise provided, shall continue and remain unaffected by the adoption of this constitution. All indictments or informations which shall have been found, or may hereafter be found, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this constitution. , Sec. 3. All courts now existing, save justices’ and police courts, are hereby abolished; and all records, books, papers, and proceedings from such courts, as are abolished by this constitution, shall be transferred on the first day of January, eighteen hundred and eighty, to the courts pro- vided for in this constitution; and the courts to which the same are thus transferred shall have the same power and jurisdiction over them as if they had been in the first instance commenced, - filed, or lodged therein. COURTS.—When a trial was commenced and the testimony taken by a judge before his term expired Constitution—31 Art. XXII, § 4 CONSTITUTION OF 1879. 3862 under the old constitution, and he was _ re-elected under the new, he may, as a judge under the new, decide the case on the evidence then taken, without a resubmission. (Seale v. Ford, 29 Cal. 104.) The amendments to the constitution in 1862 did not ipso facto supersede the existing courts, but such courts continued in existence until the new system should be in a condition to exercise its functions. (In re Oliverez, 21 Cal. 415.) The justices of the peace of the city and county of San Francisco, provided for by the act of 1866, were continued in force by this section, and are not affected by the provisions of the County Government Act. (Kahn v. Sutro, 114 Cal. 316, 46 Pac. 87. But see People v. Cobb, 21 Cal. Dee. 779.) The superior court of San Francisco is the suc- cessor of the municipal criminal court of that city and county. (Ex parte Williams, 87 Cal. 78, 24 Pac. 602, 25. Pac: * 248.) An action to abate a nuisance pending in the dis- trict court, being held to be an action in equity under the former constitution, is not affected by the adoption of the new constitution. (Learned vy. Castle, 67 Cal. 41, 7 Pac. 34.) The superior court of San Francisco acquired juris- diction of an action pending in the district court of San Francisco to recover real estate in Sonoma county. (Gurnee v. Superior Court, 58 Cal. 88; San Francisco Sav. Union vy. Abbott, 59 Cal. 400.) It would seem that it was intended that the su- perior judge should succeed to the duty of the county judge in respect to the drawing of jurors. (People v. Gallagher, 55 Cal. 462.) The superior court is the successor of the county court, and may issue all necessary writs to the exe- cution of its judgment. (Ex parte Toland, 54 Cal. 344.) The superior court is the successor of the district court, and may carry into execution a judgment of death rendered by the district court. (People vy. Col- by, 54 Cal. 184.) Sec. 4. The superintendent of printing of the state of California shall, at least thirty days be- 363° CONSTITUTION OF 1879. Art. XXII, § 5- fore the first Wednesday in May, A. D. eighteen hundred and seventy-nine, cause to be printed ‘at the state printing office, in pamphlet form, simply stitched, as many copies of this constitu- tion as there are registered voters in this state, and mail one copy thereof to the postoffice address of each registered voter; provided, any copies not called for ten days after reaching their delivery office, shall be subject to general distribution by the several postmasters of the state. The governor shall issue his proclamation, giving notice of the election for the adoption or rejection of this con- stitution, at least thirty days before the said first Wednesday of May, eighteen hundred and seventy- nine, and the boards of supervisors of the several counties shall cause said proclamation to be made public in their respective counties, and general notice of said election to be given at least fifteen days next before said election. Sec. 5. The superintendent of printing of the state of California shall, at least twenty days before said election, cause to be printed and de- livered to the clerk of each county in this state five times the number of properly prepared ballots for said election that there are voters in said re- spective counties, with the words printed thereon: “For the new constitution.” He shall likewise cause to*be so printed and delivered to said clerks five times the number of properly prepared ballots Art. XXII, §§ 6,7 CONSTITUTION OF 1879. 3564 for said election that there are voters in said re- spective counties, with the words printed thereon: “Against the new constitution.” The secretary - of state is hereby authorized and required to fur- nish the superintendent of state printing a suffi- cient quantity of legal ballot paper, now on hand, to carry out the provisions of this section. Sec. 6. The clerks of the several counties in the state shall, at least five days before said elec- tion, cause to be delivered to the inspectors of elections, at each election precinct or polling place in their respective counties, suitable registers, poll- books, forms of return, and an equal number of the aforesaid ballots, which number, in the aggre- gate, must be ten times greater than the number of voters, in the said election precincts or polling places. ‘The returns of the number of votes cast at the presidential election in the year eighteen hundred and seventy-six shall serve as a basis of calculation for this and the preceding section; provided, that the duties in this and the preceding section imposed upon the clerk of the respective counties shall, in the city and county of San Francisco, be performed by the registrar of voters for said city and county. Sec. 7%. Every citizen of the United States, entitled by law to vote for members of the assem- bly in this state, shall be entitled to vote for the adoption or rejection of this constitution. 365 CONSTITUTION OF 1879. Art. XXII, §§ 8,9 Sec. 8. The officers of the several counties of this state, whose duty it is, under the law, to receive and canvass the returns from the several precincts of their respective counties, as well as of the city and county of San Francisco, shall meet at the usual places of meeting for such purposes on the first Monday after said election. If, at the time of meeting, the returns from each pre- einct in the county in which the polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from time to time until all the re- turns are received, or until the second Monday after said election, when they shall proceed to make out returns of the votes cast for and against the new’ constitution ; and the proceedings of said boards shall be the same as those prescribed for like boards in the case of an election for governor. Upon the completion of said canvass and returns, the said board shall immediately certify the same, in the usual form, to the governor of the state of California. See. 9. The governor of the state of California shall, as soon as the returns of said election shall be received by him, or within thirty days after said election, in the presence and with the assist- ance of the controller, treasurer, and secretary of state, open and compute all the returns received Art. XXI §10 CONSTITUTION OF 1879. 366 of votes cast for and against the new constitution. If, by such examination and computation, itis as- certained that a majority of the whole number of votes cast at such election is in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new constitution to be the constitution of the state of California, and that it shall take effect and be in force on the days hereinafter specified. Sec. 10. In order that future elections in this state shall conform to the requirements of this constitution, the terms of all officers elected at the first election under the same shall be, respectively, one year shorter than the terms as fixed by law or by this constitution; and the successors of all such officers shall be elected at the last election before the expiration of the terms as in this sec- tion provided. ‘The first officers chosen, after the adoption of this constitution, shall be elected at the time and in the manner now provided by law. Judicial officers and the superintendent of public instruction shall be elected at the time and in the manner that state officers are elected. ELECTIONS.—Suggested but not decided that it may have been, and probably was, contemplated by the framers of the constitution that, when the legis- lature should provide for the election of county, township, and municipal officers, it would require such election to be held in the even-numbered years; but whether the legislature must do so, not decided. (Barton v. Kalloch, 56 Cal. 95.) This section refers only to the officers mentioned in section 20, article 20; that is, only to officers who 367 CONSTITUTION oF 1879. Art. XXII, § 11 derive their right to hold. office immediately from the constitution; and does not refer to municipal or county officers. (Barton v. Kalloch, 56 Cal. 95.) Justices of the peace are judicial officers within the meaning of this section, and must be elected at the general election. (McGrew v. Mayor etc. of San Jose, 55 Cal. 611; People v. Ransom, 58 Cal. 558.) A police judge, though a judicial officer, is also a municipal officer, and is not one of those mentioned in this section. (People v. Henry, 62 Cal. 557.) This section does not require that the term of such judicial officers as the legislature may authorize to be elected shall be uniform throughout the state. (Kahn y. Sutro, 114 Cal. 316, 46 Pac. 87.) ! Sec. 11. All laws relative to the present judi- cial system of the state shall be applicable to the judicial system created by this constitution until changed by legislation. JUDICIAL SYSTEM.—The several courts of the state continued with their jurisdiction, notwithstand- ing the adoption of the amendments of 1862, until the organization of the new courts by which they were to be superseded. (Gillis v. Barnett, 38 Cal. 393.) Section 204 of the Code of Civil Procedure as to grand juries was continued in force by this provision of the constitution. (People v. Durrant, 116 Cal. 179, 48 Pac. 75.) The justices of the peace of the city and county of San Francisco provided for by the act of 1866 were continued in force by this section, and are not af- fected by the County Government act. (Kahn y. Sutro, 114 Cal. 316, 46 Pac. 87. But see People v. Cobb, 21 Cal. Dec. 779.) The provision of the fee bill of 1876, so far as it provided for the fees to be paid to the clerk of the district court, was a law relating to the judicial sys- tem of the state, and was kept in force by the new constitution, and made applicable to the courts organ- ized thereunder. (People v. Hamilton, 103 Cal. 488, 37 Pac. 627.) Art. XXII, §12 consTITUTION oF 1879. 368 The superior court has jurisdiction, as the suc- cessor of the district eourt, to entertain proceedings under sections 312 and 315 of the Civil Code, although those sections mention the district court. (Wicker- sham v. Brittan, 98 Cal. 34, 28 Pac. 792, 29 Pate. 51.) The power of appointing police commissioners, vested in the judges of certain district courts by the act of 1878, was not a judicial power, did not pertain to the judicial system of the state, and did not devolve upon the judges of the superior courts. (Heinlen vy. Sullivan, 64 Cal. 378, 1 Pac. 158.) Under this section, the law giving the district court power to fix the compensation of phonographie reporters was continued in force, and made applica- ble to superior courts. (Ex parte Reis, 64 Cal. 233, 30 Pac. 806.) Under this section, the law regulating appeals from justices’ courts to the county courts applied to appeals to the superior court. (California Fruit etc. Co. v. Superior Court, 60 Cal. 305.) The clerk of the superior court succeeding to a district court has power, without a previous order of the court, to issue an execution upon a judgment of the district court. (Dorn v. Howe, 59 Cal, 129.) The statute providing for the drawing of jurors in the presence of the county judge, clerk, and sheriff was not superseded by the constitution, since the superior judge would either succeed to the duty of the county judge, or, there being no county judge, the presence of the clerk and sheriff would be sufficient. (People v. Gallagher, 55 Cal. 462.) Sec. 12. This constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o’clock meridian, so far as the same relates to the election of all officers, the commencement of their terms of office, and the mecting of the legislature. In all other respects, and for all other purposes, this constitution shall take effect on the first day CONSTITUTIONAL AMENDMENTS 1910-11 Const.: Art. XXIII. Article XXIII [new]. THE RECALL. Procedure for recall of elective officers. ' f { Section 1. Every elective public officer of the State of California may be removed from office at any time by the electors entitled to vote for a successor of such incumbent, through the procedure and in the manner herein provided for, which procedure shall be known as the recall, and is in addition to any other method of removal provided by law. The procedure hereunder to effect the removal of an incumbent of an elective public office shall be as follows: A petition signed by electors entitled to vote for a successor of the incumbent sought to be removed, equal in number to at least twelve per cent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies (provided that if the officer sought to be removed is a state officer who is elected in any political subdivision of the state, said peti- tion shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty per cent of the entire vote cast at the last preceding elec- tion for all candidates for the office which the incumbent sought to be removed occupies) demanding an election of a successor to the officer named in said petition, shall be addressed to the secretary of state and filed with the clerk, or registrar of voters, of the county or city and county in which the petition was circulated; provided, that if the officer sought to be removed was elected in the state at large such petition shall be circulated in not less than five counties of the state, and shall be signed in each of such counties by elec- tors equal in number to not less than one per cent of the entire vote cast, in each of said counties, at said election, as above estimated. Such petition shall contain a general statement of the grounds on which the removal is sought, which statement is intended solely for the information of the electors, and the sufficiency of which shall not be open to review. When such petition is certified as is herein provided to the secretary of state, he shall forthwith submit the said petition, together with a certificate of its sufficiency, to the governor, who shall thereupon order and fix a date for holding the election, not less than sixty days nor more than eighty days from the date of such certificate of the secretary of state. The governor shall make or cause to be made publication of notice for the holding of such election, and officers charged by law with duties concerning elections shall make all arrangements for such election and the same shall be conducted, returned, and the result thereof declared, in all respects as are other state elections. On the official ballot at such election shall be printed, in not more than two hundred words, the reasons sét forth in thé petition or cae- manding his recall. And in not more than three hundred words there shall also be printed, if desired by him, the officer’s justi- fication of his course in office. Proceedings for the recall of “any officer shall be deemed’ to be pending from the date of the filing with any county, city and county: clerk,’ or registrar of voters, of any recall petition against such. officer;'-and if: such» officer~shall resign at any time subsequent to the filing thereof, | the ‘recall election shall be held notwithstanding such resignation, andthe vacancy caused by such resignation, or from any other. cause; shall be filled as provided by law, but the person. appointed -to: fill such vacancy shall hold. his office only until the person mopeae at the said recall election shall qualify. Any person may be nominated for the: office which is to be filled at any recall election by a petition signed by ‘electors, qualified to vote at such recall election, equal in number to at least one: per cent of the total number of votes cast at the last preceding elec- tion for all candidates for the office which the incumbent sought to be removed occupies. Hach such nominating petition shall be filed with the secretary of state not less than twenty-five days before such recall election. , There shall be printed on the recall, ballot, as . every» LofBesr whose recall is to be voted on. thereat, state following, question: “Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)?’’, following which question shall be the words ‘Yes’? and ‘‘No’’ on. separate lines, with a blank space at the right of each, in which the voter shall indicate, by stamping a cross (X), his vote for or against such re- eall.. On such ballots, under each such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in.case he shall be removed from office by said recall election; but no vote cast shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be re- called from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of, those voting on said question of the recall of any incumbent from office shall vote ‘‘No,’’ said incum- bent shall continue in said office. If a majority shall vote “‘Yes,”’ said incumbent shall thereupon be deemed removed from such Office, upon the qualification of his successor. The canvassers shall can- vass all votes for candidates for said office and declare the: result in like manner as.» in a regular election. If the vote at any such recall election shall recall ihe officer, then the candidate who has received the highest number of votes for the office shall. be thereby declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. Any recall petition may be presented in’ sections,’ but each sec- tion’ shall contain a full and accurate copy of the title and text of the petition. Each signer shall add to his signature his place of residence, giving the street and number, if such exist. His election precinct shall’also appear on the paper after his name. The num- ber of.signaturés appended to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified elector of the state shall be competent to solicit such signatures within the county, or city and county, of which he is an elector. Hach section of the petition shall bear the name of the county, or city and county, in which it is circulated, and only qualified electors of such county, or city and county, shall be competent to sign such section. Hach section shall have attached thereto the affidavit of the persons soliciting signatures to the same, stating his qualifications and that all the signatures to the attached section were made in his presence and that to the best of his knowlelge and belief each signature to the section is the genuine signature of the person whose name it purports to be; and no other affidavit thereto shall be required. The affidavit of any person soliciting signatures hereunder shall be verified free of charge by any officer authorized to administer an oath. Such petition so verified shall be prima facie evidence that the signatures thereto appended are genuine and that the persons signing the same are qualified electors. Unless and until it is otherwise proven upon official investigation, it shall be presumed that the petition presented containg the sig- natures of the requisite number of electors. Each section of the petition shall be filed with the clerk, or registrar of voters, of the county or city and county in which it was circulated; but all such sections circulated in any county or city and county shall be filed at’ the same time. ‘Within twenty days after the date of filing such petition, the clerk, or registrar of voters, shall finally determine from the records of registration what number of qualified electors have signed the same; and, if necessary, the board of supervisors shall allow such clerk or registrar additional assistants for the pur- pose of examining such petition and provide for their compensation, The said clerk or registrar, upon the completion of such examina- tion, shall forthwith attach to such petition his certificate, prop- erly dated, showing the result of such examination, and submit said petition, except as to the signatures appended thereto, to the sec- retary of state and file a copy of said certificate in his office. Within forty days from the transmission of the said petition and certificate by the clerk or registrar of voters to the secretary of state, a sup- plemeéental petition, identical with the original as to the body of the petition but containing supplemental names, may be filed with the clerk or registrar of voters, as aforesaid. The clerk or registrar of voters shall within ten days after the filing of such supplemental petition make like examination thereof as of the original petition, and upon the conclusion of such examination shall forthwith attach to such petition his certificate, properly dated, showing the result of such examination, and shall forthwith transmit such supple- mental petition, except as to the signatures thereon, together with his said certificate, to the secretary of state. When the secretary of state shall have received from one or more county clerks, or registrars of voters, a petition certified as herein provided to have been signed by the requisite number of qualified electors, he shall forthwith transmit to the county clerk or registrar of voters of every county or city and county in the state a certifi- cate showing such fact; and such clerk or registrar of voters shall thereupon file said certificate for record in his office. A petition shall be deemed to be filed with the secretary of state upon the date of the receipt by him of a certificate or certificates showing the said petition to be signed by the requisite number of electors of the state. No recall petition shall be circulated or filed against any officer until he has actually held his office for at least six months; save and except it may be filed against any member of the state legis- lature at any time after five days from the convening and organiz- ing of the legislature after his election. If at any recall election the incumbent whose removal is sought is not recalled, he shall be repaid from the state treasury any amount legally expended by him aS expenses of such election, and the legislature shall provide appropriation for such purpose, and no proceedings for another recall election of said incumbent shall be initiated within six months after such election. If the governor is sought to be removed under the provisions of this article, the duties herein imposed upon him shall be performed by the lieutenant governor; and if the secretary of state is sought to be removed, the duties herein imposed upon him shall be per- formed by the state controller; and the duties herein imposed upon the clerk or registrar of voters shall be performed by such regis- trar of voters in all cases where the office of registrar of voters exists. The recall shall also be exercised by the electors of each county, city and county, city and town of the state, with reference to the elective officers thereof, under such procedure as shall be provided by law. Until otherwise provided by law, the legislative body of any such county, city and county, city or town may provide for the manner of exercising such recall powers in such counties, cities and coun- ties, cities and towns, but shall not require any such recall petition to be signed by electors more in number than twenty-five per cent of the entire vote cast at the last preceding election for all candi- dates for the office which the incumbent sought to be removed occupies. Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities or counties or cities and counties having charters adopted under the authority given by the constitution. In the submission to the electors of any petition proposed under this article all officers shall be guided by the general laws of the state, except as otherwise herein provided. This article is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting or restricting the provisions of this article or the powers herein reserved. [New arti- cle adopted October 10, 1911.] 369 _ CONSTITUTION OF 1879, Signers _ of January, eighteen hundred and eighty, at twelve o’ clock meridian. J. P. HOGEH, President. Attest: Epwin F. Smrru, Secretary. A. R. Andrews, James J. Ayers, Clhitus Barbour, Iidward Barry, James N. Barton, C. J. Beerstecher, Isaac S. Belcher, Peter Bell, Marion Biggs, _E. T. Blackmer, Joseph C. Brown, Saml. B. Burt, Josiah Boucher, James Caples, Aug. H. Chapman, J. M.: Charles, John D. Condon, C. W. Cross, Hamlet Davis, Jas. E. Dean, P. T. Dowling, Luke D. Doyle, W. L. Dudley, Jonathan M. Dudley, Presley Dunlap, John Eagon, Thomas H. Estey, Henry Edgerton, M. M. Estee, Edward Evey, J. A. Filcher, Simon J. Farrell, Abraham Clark Freeman, Jacob Richard Freud, J. B. Garvey, B. B. Glasscock, Joseph C. Gorman, W. P. Grace, William J. Graves, V. A. Gregg, Jno. S. Hager, John B. Hall, Thomas Harrison, Joel A. Harvey, T. D. Heiskell, Conrad Herold, D. W. Herrington, S. G. Hilborn, J. R. W. Hitchcock, J. E. Hale, Signers Volney E. Howard, Sam A. Holmes, W. J. Howard, Wm. Proctor Hughey, W. F. Huestis, G. W. Hunter, Daniel Inman, George A. Johnson, L. F. Jones, Peter J. Joyce, J. M.° Kelley, James H. Keyes, John J. Kenny, C. R. Kleine, T. H. Laine; Henry Larkin, R. M. Lampson, R. Lavigne, H. M. La Rue, David Lewis, J. F. Lindow, Jno. Mansfield, Edward Martin, J. West Martin, Rush McComas, John G. McCallum, Thomas McConnell, John McCoy, Thomas B. McFarland, Hiram Mills, CONSTITUTION OF 1879. 370 Wm. 8. Moffatt, John Fleming McNutt, W. W. Moreland, L. D. Morse, James E. Murphy, Edmund Nason, Thorwald Klaudius Nel- - son, Henry Neunaber, Chs. C. O’Donnell, George Ohleyer, James O’Sullivan, James Martin Porter, William H. Prouty, M. R. C. Pulliam, Chas. F. Reed, Patrick Reddy, Jno. M. Rhodes, Jas. S. Reynolds, Horace C. Rolfe, Chas. S. Ringgold, James McM. Shafter, Geo. W. Schell, J. Schomp, Rufus Shoemaker, E. O. Smith, Benj. Shurtleff, Geo. Venable Smith, H. W. Smith, John C. Stedman, 371 CONSTITUTION OF 1879. Signers E. P. Soule, D. C. Stevenson, Geo. Steele, Chas. V. Stuart, W. J. Sweasey, Charles Swenson. KR. 58. Swing, D. S. Terry, S. B. Thompson, F. O. Townsend, W. J. Tinnin, Daniel Tuttle, Jory Lally, eee Lurner, . A. P. Vacquerel, Walter Van Dyke, Wm. Van Voorhies, Hugh Walker, Jno. Walker, Byron Waters, Joseph R. Weller, J. V. Webster, John P. West, Patrick M. Wellin, John T. Wickes, Wm. F. White, H. C. Wilson, Jos. W. Winans, N. G. Wyatt. TABLE OF STATUTES DECLARED UNCONSTITUTIONAL IN WHOLE OR IN PART. Statutes Page Chapter Case 1850 93 33 Caulfield v. Hudson, 8 Cal. 389. 176 71 Burgoyne v. Supervisors, 5 Cal. 9. 205 85 People v. Burbank, 12 Cal. 378. 210 86 Burgoyne v. Supervisors, 5 Cal. 9. 254 103. George v. Ransom, 15 Cal. 322. 275 119 People v. Tinder, 19 Cal. 539. 428 142 In re Holdforth, 1 Cal. 488. 1851 9 1 Parsons v. Tuolumne ete. Co., 5 Cal. 48; Zander v. Coe, 5 Cal. 230. 51 5 Tay v. Hawley, 39 Cal. 93; Exline v. Smith, 5 Cal. 112; Crawford v. Bark Caroline Reed, 42 Cal. 469. 387 88 Smith v. Morse, 2 Cal. 524. 1852 78 36 State v. Steamship Constitution, 42 Cal. 578. 162 87 People v. Wells, 2 Cal. 196, 610. 233 146 People v. Rosborough, 14 Cal. 180. 1 51 State v. Steamship Constitution, 42 Cal. 578. 219 160 Guy v. Hermance, 5 Cal. 73. 233 167 Hardenburgh vy. Kidd, 10 Cal. 402. 1854 84 - 78 Houston v. Williams, 13 Cal. 24, 198 128 Dickey v. Hurlburt, 5 Cal. 343. 1855 80 73 Greely v. Townsend, 25 Cal. 604. 145 119 Gillan vy. Hutchinson, 16 Cal. 153. 160 131 Stone v. Elkins, 24 Cal. 125. 165 138 Robinson v. Magee, 9 Cal. 81. 180 145 People v. Johnson, 6 Cal. 499. 299 229 Dick’s Estate v. Gherke, 6 Cal. 666. (372) 373 UNCONSTITUTIONAL STATUTES, Statutes Page Chapter Case 1856 54 47 Billings v. Hall, 7 Cal. 1. 100° 85 McCauley v. Brooks, 16 Cal. 11. 110 95 Nougues v. Douglass, 7 Cal. 65. 145 125 People v. Woods, 7 Cal. 579; Peo- ple v. Bond, 10 Cal. 563; Taylor v. Palmer, 31 Cal. 240. 1857 222 192 People v. Templeton, 12 Cal. 394. 1858 32 43 McCauley v. Weller, 12 Cal. 500. 124 171 Bx parte Newman, 9 Cal. 502; contra, Ex parte Andrews, 18 Cal. 678. 254 288 San Francisco v. Spring Valley W. W., 48 Cal. 498. 805 319 Brumagim y. Tillinghast, 18 Cal. 265. 322 336 Grogan vy. San Francisco, 18 Cal. 590. 1859 343 315 People v. McCreery, 34 Cal. 432; People v. Gerke, 35 Cal. 677. 1862 462 839 Lin Sing v. Washburn, 20 Cal. 534. 539 416 People v. Raymond, 34 Cal. 492. 1863 69 70 People v. Washington, 36 Cal. 658. 145 125 Crosby v. Lyon, 37 Cal. 242. 549 855 Bourland vy. Hildreth, 26 Cal. 161. 586 395 Caulfield v. Stevens, 28 Cal. 118. 1864 198 204 People v. Sanderson, 30 Cal. 160. 431 883 Day v. Jones, 31 Cal. 261. 1865-66 689 528 People v. Kelsey, 34 Cal. 470. 786 565 People v. McCreery, 34 Cal. 432; People v. Gerke, 35 Cal. 677. 824: 596 Pryor v. Downey, 50 Cal. 388. 1867-68 159 181 Waterloo T. R. Co. v. Cole, 51 Cal. 381. 176 196 Rose v. HEstudillo, 39 Cal. 270. 316 293 Wilson v. Supervisors, 47 Cal. 91. 1869-70 626 4384 In re Market St., 49 Cal. 546. 1871-72 243 204 Smith y. Brown, 59 Cal. 672; Peo- ple v. Edwards, 98 Cal. 153. Constitution—32 Statutes Page Chapter Case 1871-72 '415 308 Williams v. Corcoran, 46 Cal. 553. 443 334 Chollar M. Co. vy. Wilson, 66 Cal. 374. G73 586 Savings ete. Soc. v. Austin, 46 Cal. 415. 1873-74 50 54 Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. 48. 376 273 People v. Townsend, 56 Cal. 633. 434 300 Ex parte Wall, 48 Cal. 279. 477 331 People v. Pittsburg R. R. Co., 67 * Cal. 625; 8 Pac. 381. 588 414 Reis v. Graff, 51 Cal. 86; Brady v. King, 53 Cal. 44. 691 460 .People v. Lynch, 51 Cal. 15. 746 511 Harper v. Rowe, 53 Cal. 233. 832 595 Harper v. Rowe, 53 Cal. 233. 896 645 People.v. Lynch, 51 Cal. 15. 1875-76 82 114 Spring Valley W. W. v. Bryant, S2sCalfiis2: 140 187 People v. Houston, 54 Cal. 536. 214 190 Hoagland v. Sacramento, 52 Cal. 142. 753 495 Mgnt 2Oere Avenue Case, 54 Cal. 579. 1877-78 181 188 Knox v. Los Angeles, 58 Cal. 59. 341 282 Fanning v. Scammel, 68 Cal. 428, 9 Pac. 427. 419 317 Schumacher vy. Toberman, 56 Cal.’ 508. 442 333 Purdy v. Sinton, 56 Cal. 133. T17 501 Boorman vy. Santa Barbara, 65 Cal. 318, 4 Pac. 81. 1880 1 1 Weill v. Kenfield, 54 Cal. 111. 20 26 San Francisco v. Broderick, 125 ‘Cal. 188, 57 Pac. 887. 5D 63 Hutson v. Protection Dist., 79 Cal, 90, 16 Pac. 549, 21 Pac. 485. 67 71 People v. Chapman, 61 Cal. 262. 80 84 Ex parte Westerfield, 55 Cal. 550. 123 116 In re Ah Chong, 5 Pac. C. L. J. UNCONSTITUTIONAL STATUTES. 374 451. - oe UNCONSTITUTIONAL STATUTES. Statutes Page Chapter Case 1880 123 117 137 | 124 527 244 (Ban.) 1881 15 21 51 51 54 52 81 71 1883 54 30 93 49 370 82 1885 13 15 45 39 166 154 203 157 1887 178 169 1889 148 138 212 178 1232 206 302 207 Doane v. Weil, 58 Cal. 334; People. v. Parks, 58 Cal. 624; Callahan v. Dunn, 78 Cal. 366, 20 Pac. W37. Desmond v. Dunn, 55 Cal. 242. Leonard v. January, 56 Cal. 1; Dillon y. Bicknell, 116 Cal. 111, 47 Pac. 937. Nickey v. Stearns Ranchos Co., 126 Cal. 150, 58 Pac. 459. Ex parte Cox, 63 Cal. 21. Fitch v. Supervisors, 122 Cal. 285, 54 Pac. 901. People v. Chapman, 61 Cal. 262. People v. Kewen, 69 Cal. 215, 10 Pac, 893. Tulare v. Hevren, 126 Cal. 226, 58 Pac. 530. Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 580. San Francisco v. Insurance Co., 74 Cal. 118, 15 Pace. 380. Western Granite ete. Co. v. J Art. IV Sec. PARALLEL SECTIONS. 1849 Art. a XI LV. XI Sec. 8 9 10 11 1 13 14 15 16 17 18 19 20 2h mie 23 24 25 21 26 27 30 38 10 i) ) SS oma Mm ohh 1879 Art. Vv VE VII VIII Sec. 13 14 15 16 we 18 19 19 20 CHAD aaIhwne 1849 Art. Schedule VI VII VIII Sec. 14 15 16 17 18 19 20 21 15 eNO OOD So 12 10 3B 13 14 15 16 18 Chie PARALLEL SECTIONS. ‘380 1879 1849 1879 1849 — ‘Art. See. Art. Sec. Art. Sec. Art. - Sec. IX 1 IX 2 XII 6 Pa ra 1 7 3 8 4 9 5 3 10 6 cL. f 12 8 13 9 4 14 ae 15 2 16 3 17 4 18 5 19 6 20 AL 21 2 ae 3 2a 4 xI 4 24 5 5 AITIT «4 xI 13 5 9 2 6 3 i. 4 8 5 8% 6 9 7 10 & 1 9 12 10 13 11 14 42 15 13 16 AV) eh a a 18 IV 87 Vo ee 19 Zo LL wee IV 31 3 9 a XVI et VIII 2 3 36 1 Schedule 16 4 83 i) VIL wa XI 15 5 34 2 dD 35 3 XVIII AIX xx PARALLEL SECTIONS. 1849 Art. x Schedule XI Sec. 1 2 1879 Art. xX XXI XXII Sec. 17 18 19 20 WOPAIAMRW WHE 10 11 12 1849 Art. Schedule XII Schedule VI Schedule IV Sec. f= OMNI WA_AARMNorwOMw TABLE OF CALIFORNIA CITA- TIONS TO CONSTITU- TION OF 1849. {Citations are to California Reports, Vols. 1 to 1382.] I-1 I-8 (Con.) 1-15 III-1 Toe 23 326 1 440 5 19 9 504 29 256 6 240 5 112 18 680 32 250 53 207 8 15 22 324 33. 281 10 403 23 464 40 513 I-16 17 5657 32 249 41 168 22 316 20 43 33 281 42 168 23° 478 36 671 43 79 i 24 126 88 703 48 384 6 253 29 452 50 403 13 165 30 167 T-2 51 248 30 189 33 281 22 324 53 «45 36 671 34 525 30 189 53 212 65 595 46 514 69 372 53 412 AT 653 59 245 12% 50 403 1-3 66 500 $2 249 16 253 69 372 IV-1 22 316 109 449 II-1 neitey 109 622 5 25 46 514 1-4 130 495 26 178 47 652 9 504 17 612 1-9 II-2 Iv-3 18 680 22 316 26 209 26 254 1-5 I-11 II-3 IV-5 11 226 17 552 26 249 26 253 24 544 1-7 26 255 Ti-4 Iv-7 19 541 36 671 26 211 8 415 41 31 37 3875 28 140 38 703 88 93 IV-8 1-8 43 432 84 535 12 83 52 601 II-6 18 251 58 61 26 186 TV-10 22 316 84 535 (882) IV-17 6 660 9 522 39 541 IV-18 34 535 IV-19 we SAL 22 314 45 218 118 483 TV-20 22 314 TV-21 10 438 22 314 52 39 IV-23 86 621 106 116 IV-24 9 347 IV-25 2 299 6 383 9 522 10 316 86 622 IV-31 5 46 22 423 37 379 37 540 48 509 52 145 54 9D CITATIONS. IV-351 (Con.) 77 371 98 53 109 580 111 66 119 341 TV-82 24 538 35 166 62 461 111 62 1V-34 52 198 105 377 IV-35 105 378 IV-36 24 538 35 166 62 461 Iu | 62 IV-37 81 252 84 523 47 657 48 318 ol 24. 10 44 26 253 62 569 34 536 V-8 1 535 2 203 3 505 6 290 T 523 S$ “12 20 507 22 314 34 541 37 641 V-11 34 536 V-12 22 314 V-13 34 536 43 441 V-16 Bi 223 10 44 26 253 34 536 62° 569 V-17 10 44 62 569 V-18 15 62 V-20 aoa Oe 26 253 V-21 Ou oA7, 47 366 Wiel 4 145 1 380 5 20 Ti. 85 12 387 Fi “417 22 478 34 523 34 532 39 517 41 131 48 4 52 223 VI-2 2 202 5 104 V1I-3 2 202 S15 10 46 VI-4 87 91 145 248 389 89 10. 46 10 253 1300 25 28 25 95 27 107 30 101 31 144 34 «33 40 482 42 56 49 149 53 291 CO 09 CD fat Ed VJ-4 (Con.) 55 191 60 654 VI-5 1 381 3 504 11 85 12 387 29 485 VI-6 8 389 4 342 5 95 5 230 9 87 10 253 24 65 26 383 28 ~ 121 30 575 81 144 31 339 34 688 36° 28 42 56 51 501 52 491 54 288 58 400 64 288 79 484 VI-7 16 442 30 683 40 654 VI-8 5 22 5 104 6 89 Dr agene 10 403 CITATIONS. VL-8 (Con.) 20 28 30 34 36 37 38 39 41 42 44 45 45 48 51 52 53 58 44 119 575 689 27 161 157 99 131 56 125 217 679 72 433 223 413 402 VI-9 389 279 66 88 92 572 66 452 119 67 413 VI-10 8 382 VI-11 32 43 299 435 VI-14 5 9 232 87 VI-15 2 203 9 346 12 392 VI-16 12 392 30 163 88 395 VI-17 27 513 55 238 VI-18 59 191 VI-19 21 416 VIII-1 6 500 7 66 13 182 15 454 16 253 23 174 27 206 Lees IX-2 37 244 IX-3 48 50 IX-4 123 616 IX-5 5 22 X-2 26 186 384 X-7 55 524 XI-1 5 32 50 572 XI-3 toe 22 307 24 243 XI-4 33 494 34 582 48 318 50 564 58 61 121, 551 XI-5 33 404 47 656 XI-6 Sie 22 314 34 541 45 558 XI-7 6 289 7 102 22 314 Oat Ls 128 604 XI-8 93 182 XI-9 34 533 47 657 51 29 885 XI-10 27 207 XI-13 1 2 4 12 13 14 22 29 30 252 592 49 83 350 16 369 451 683 Constitution—33 CITATIONS. XI-13 (Con.) 34 34 37 40 41 43 43 44 46 46 47 47 475 657 246 513 304 335 434 326 506 506 92 648 XI-13 (Con.) 51 244 51 501 52 81 52 601 58 = =61 XI-15 14 474 24 640 XI-16 58 472 XI-18 eae 22 316 XI-19 26 211 XIT-4 27 211 XII-31 61 5 TABLE OF CALIFORNIA CITA- TIONS TO CONSTITU- — TION OF 1879. [Citations are to California Reports, Vols. 1 to 132.] T-1 I-11 I-18 (Con.) 1-21 65 385 59 «12 107 288 60 189 12.0471. 60 189 115. “61 65 35 128 434 65 35 116 250 69 151 68 145 1a et 182° 371. I-2 69 151 130 123 112 471 92 316 71. 631 ee 1188 05 3 582 nee 1-3 oe ettao 50-205 teaegg mee 105 606 e476 66 501 1-22 89 523 68 65 54 247 T-4 = 74 262 | 2 90 558 2 57 609 59 18 79 551 5 91 249 ) 69 485 60 201 91 456 79 176 94 603 83 403 104 351 94 492 83 494 L-6 109 334 aes 86 50 54 103 109 497 95 223 92 316 67 257 1 oa. 98 262 115 548 111 569 98 617 128 247 1-7 113 646 103 616 129 403 64 266 114 146 106 284 132 219 87 354 118 305 109 622 122 139 119 241 111 563 I-23 122 147 118 287 129 347 I-8 126 37 118 572 56 233 7 OT 126 153 1-24 59 245 129 343 130 495 11723 60 104 130 634 65 646 tI-1 108 663 Tae ay 92 321 65 223 72 466 o 111°,612 eee Ss gts TUT eae 66 102 116 523 an lee 115 . 53 oe 120 374 68 630 x he ce I-17 127 88 1-9 Bre 65 504 72 466 70 18 67 382 II-4 73 123 70 Lit 70 155 105 462 112 97 82 459 100 153 1-19 ITs I-10 103 354 68 288 58 643 129 343 104 527 105 606 61 322 (886) 387 CITATIONS. 60 30 ITI-1(Con.) IV-10 IV-24 (Con.) Sub. 2 68. 196 80 213 74 41 5D 551 80 234 74 552 60 81 102 470 IV-15 80 270 60 189 106 422 54 112 84 228 62 465 12a. 627 TZ 467 . 88 534 67 360 126 672 80 213 93 635 112 471 127 159 85 336 103 ar 129 604 100 421 102 418 Sub. 3 Poe Ok 114 149 62 465 IV-1 11% &6 83 402 56. 100 TV-16 1207316 93 424 63° 21 (2 467 22 ee i 100 120 72 466 80 213 125 414 1187 512 92 307 83 494 128 668 117 “363 96 291 85 337 129 570 120 304 121 267 129 606 126 230 Iv-2 1807 St 127 7 56 101 IV-18 19478 Zid 96 291 85 645 Sub. 4 114 114 108 662 TV-25 62 465 130. =688 122.290 55 490 55 618 Sub. 6 IV-3 TV-20 57 613 123)! 527 55 622 61 267 59 8 56 100 (Cee ane 60 32 Sub. 7 96 291 61 38 114 146 114 169 IV-22 61 267 61 267 63 382 Sub. 9 Iv-4 Gare S77 72 466 55 622 55 622 71 630 foe CE Gon loo 56 100 77 1384 81 499 84 76 96 264 84 58 84 229 94 620 119 488 92 55 ~ STle 9 98 224 106 115 93 400 109 335 IV-5 1219 105 616 111 102 65 578 We e151 124 696 113 646 66 29 126 118 114 410 96 291 Sub. 1 118 _ 306 TV-24 62 465 _ Iv-6 55 496 120 401 Sub. 10 65 577 57 613 121 267 60 28 96 290 58 635 83 402 Sub.10(Con.) 105 119 124 Sub. 55 81 100 111 Liu 124 Sub. 83 Sub. 126 Sub. 126 Sub. 100 118 124 Sub. Dd 83 Sub. 67 Sub. 83 127 Sub. 59 104 124 583 521 698 c 622 501. 425 102 371 698 13° 402 15 117 Lf 117 19 120 306 698 20 495 402 23 360 24 402 27 402 351 698 CITATIONS. 62 65 65 . 85 98 111 113 »114 118 124 125 132 Sub. 62 65 68 85 89 92 103 104 114 115 118 126 Sub. 84 91 100 109 Th 112 114 118 118 119 124 126 465 123 291 413 224 102 646 410 305 698 192 221 29 465 123 145 496 523 606 395 644 645 DAD 306 37 33 498 76 249 620 120 497 3T1 471 410 306 404 523 698 230 ‘Sub. 28 Sub.33(Con.) 127 T 127 684 130 134 182. 221 TV-26 68 289 87 607 89 378 104 599 127 118 130 326 IV-28 80 213 IV-29 61 267 115 5382 IV-30 115 532 IV-31 72 473 74 125 77 475 80 270 83 265 92 606 93. 326 97 252 99. 21 380 315 532 117 176 118 546 498 118 | 388 1V-32 72 465 . 74 125 TT 475 80 270 92 . 606 93 . 326 115 582 121 21 123 498 IV-34 94 435 IV-35 86 550 V-2 56 101 62 569 99. 45 114 169 v-8 62 565 62 568 66. 655 93 155 114 170 123 309 127 397 V-9 130 89 V-15 56 101 62 569 114 169 . V-16 62 569 389 V-17 56 101 VI-1 54 186 62 465 66 4 71 633 78 557 82 344 83 112 85 335 wi elO 114 330 119 232 120 401 121 267 VI-2 81 460 82 599 83.112 83 494 95 43 VI-3 ‘56 101 81 460 83 112 99 45 VI-4 54 103 55 191 60 115 60 654 62° 41 65 99 65 382 65 645 67 187 79 107 79 486 82 162 CITATIONS. VI-4 (Con.) VI-5 (Con.) 2 425 123 695 838 112 1380 98 94 353 95 646 VI-6 100 120 55 266 108 663 56 101 110 =—89 86 28 120 569 99 44 122 534 104 234 VI-7 VI-5 55 266 54 186 60 103 VI-8 60 152 130 5738 60 307 60 427 VI-9 Gly ith 86’ 29 62 41 104 234 64 444 118 483 65 476 65 641 VI-11 66 204 55 611 71 383 60 103 a Ooo 60 152 73. 183 60 427 76 184 80 40 78 557 90 502 80 41 114 331 82 305 TZ), 257. 83 493 ten VL 19 84 120 122 534 ST 231 180 98 92 50 93 463 VI-13 94 355 78 560 94 397 85 336 100 120 Ee 216 103 120 120 401 104 203 110 264 VI-14 tte os 56 101 Toe ello VI-14(Con.) 94 47 103 491 VI-16 80 222 VI-17 87 396 VI-18 118 483 VI-19 55 238 65: 261 65 431 65 569 86 38 88 270 88 426 96 181 97 455 tis 14 129 509 130 8 V1I-20 103. 415 122 288 VI-21 57 1388 VI-22 80 221 VI-24 62 514 VI-29 80 222 VI-34 80. 222 TX-1 118 120 12 22 124 699 TX-2 87 396 TX-3 56 102 114 335 114 561 123 308 IX-4 104 157 97 431 104 658 TX-5 55 334 55 490 97 431 104 350 117 523 124 698 IX-6 55 334 97 431 104 63 117 523 118 119 124 698 IX-7 55 333 117 522 CITATIONS. IX-8 55 334 71 630 IX-9 55. 334 66 508 69 216 104 658 123 619 IX-11 104 658 IX-12 56 101 X-1 63 490 x-4 61 264 XI-1 56 103 61 277 114 320 114 561 129 574 XI-2 Glee2ts 71 313 XI-3 ke oats 97 331 117 196 XI-4 56 103 61 277 65 123 73, (1 84 76 94 624 98 224 109 334 109 496 114 320 114 561 118 308 118 404 129 574 XI-5 538 748 56 103 58 90 58 569 60 514 61 277 65 125 65 288 66 4 T- TT 76 95 81 500 84 75 88 531 94 605 95 332 95 473 98 222 98 228 100 2738 103 394 104 130 105 626 106 197 109 334 109 497 111 103 390 XI-5 (Con.) 111 370 111 569 118 516 113 645 114, 327 114 561 115 548 118 308 118 404 125 192 128 247 129 574 131 550 XI-6 55 246 58 566 60 81 61 277 61 319 64 242 66 5 69 470 73 $76 73 312 73 622 74 26 74. 125 76 446 81 497 82 341 85 346 86 41 Si 92 87 606 91 249 92 316 94 T+ 94 621 95 111 99 560 102 304 104 275 391 XI-6 (Con.) 104 a1) 114 114 115 118 123 123 126 127 129 131 1382 132 644 108 147 321 514 403 459 603 386 666 514 35 381 442 XI-7 55 56 58 60 61 61 84 91 111 114 126 129 247 104 566 81 37 ott 306 590 103 320 409 O14 XI-8 5D 5d 56 60 61 61 69 73 79 82 85 8 86 253 613 104 81 277 231 477 82 176 342 335 345 40 CITATIONS. XI-8 (Con.) XI-10 87 606 61 277 92 612 92 319 97 593 104 644 105 624 114 147 XI-11 114 364 57 607 115 516 61 277 119 233 61 875 121 265 65 35 121 553 65 270 123 605 66 450 126 390 67 108 128 463 68 296 129 574 69 90 130 89 69 151 131 264 72 115 132 375 739 TT 73 148 XI-8% 73 371 120 399 73 633 126 406 74 28 128 462 84 305 132 441 87 165 , 90 620 XI-9 91 590 61 277 94 391 62 563 96 356 62 566 96 608 81 590 98 556 85 596 98 684 87 396 99 560 92 319 102 489 94 603 103 114 95 473 104 644 98 221 105 616 104 644 106 283 109 508 108 327 114° 123 109 321 118 309 112 70 118 362 124 348 129 527 129 574 131 466 XI-12 99 100 102 102 104. 112 117 121 124 129 644 32 155 277 643 270 451 90 610 313 G7 371 117 607 319 218 560 272 111 471. 644 70 5oL 696 604 XI-13 55 59 60 61 x cc Tr 80 86 87 97 112 618 96 32 277 507 312 313 631 270 48 607 219 560 329 XI-13 (Con.) 112 564 118 308 125 193 126 134 xXx I-14 55 618 59 279 612+ 277 TY (71 87 607 XT-15 6L 4277 XI-16 CGE2iT 87 607 92 319 97 219 103 4938 108 565 112 315 112 329 113. 211 XI-17 61 277 87 608 97 219 113° 211 XI-18 61 (277 62 642 74 259 74 417 75 505 92 342 97, 3219 99. 413 107 . 648 CITATIONS, XI-18 (Con.) XII-2 109 153 62 460 111 322 125 410 112 163 112 313 XII-3 112 326 62 461 112 540 97 95 113 202 108 425 118 530 111 6&8 119. 44 116 384 119 | 227 122 523 124 67 124 150 131 397 125 410 XI-19 NXII-5 54 246 ISBE CE GL) 24 6LY 277 XITI-7 62 108 91 340 62 2382 121 19 69 466 69 482 XII-9 rf 6 107 643 13° 15 92 . 342 XIT-10 93 161 72 466 98 618 116 100 118 5 118 483 XIT-11 118 584 59 321 129 402 65 617 Te Ee XI-21 93 308 72 389 XII-12 XIT-1 67 535 61 38 93 418 Moe edt 83 415 XIT-15 92 316 99 133 123° 527 115 311 125. 412 fw 131. 33 XIT-16 66 209 392 XII-16(Con. 71 488 73 183 83 493 94 .137 98 167 102. 48 106 58 107 380 XII-17 132 685 XII-18 1382 686 XTI-19 182 686 XTI-20 1382 686 XJI-21 109 322 132 686 XITI-22 79 163 105 544 132 678 XIII-1 56 202 57 600 59 336 62 108 65 457 66 603 97 220 97 324 108 192 lil 8&6 113 397 116 23 393 XIIT-1(Con.) XIII-9 (Con.) XIV-2(Con.) 119 521 128 592 128 612 131 613 132 268 132 600 RAll-2 104 621 XITI-4 59 543 60 58 66 215 72 36 91 11 96 625 99 609 118 492 123 355 128 592 128 610 131 361 XITI-5 59 544 91 il 96 626 99 608 103 376 110 541 131 604 XITI-8 56 206 61 103 73 623 XITII-9 56 102 56 195 59 329 61 55 CITATIONS. 67 625 97 324 XITII-10 56 201 59, 825 ~ 60 28 60 58 62 565 63 469 64 483 83 401 105 591 125 499 128. 593 XITII-12 104 63 XITII-13 56 202 83 402 XIV-1 60 169 61 4 Glee 62 232 74 573 82 303 90 640 100 125 107 225 112 433 118 565 122 286 129 441 180 318 XIV-2 61 38 62° 108 62 233 82 304 118 579 129 441 XV-2 182 106 XVII-1 111 487 X VII-2 88 . 455 96 118 XVIL-3 55 103 65 13 68 508 71 321 72 240 88 455 89 44 90 47 96 118 XVIII-1 66 633 69 468 72 6 80 213 102 117 XIX-1 84 230 126 674 XX-1 102 119 XX-4 80 234 85 416 110 451 | KX-5 93 400 x X-9 58 472 113 139 XX-11 120 375 XX-15 61. 353 89 111 98 151 107 623 XX-16 55 524 66 655 GO La 82 495 85 416 93 155 100 264 110 451 127 392 132 450 XX-18 57 605 60 82 96 361 98 556 xX X-20 53 T47 62 565 96 291 99 44 CITATIONS. XXIL1 XXII-1(Con.) 53 54 55 55 747 247 249 334 627 155 278 514 4 32 279 300 382 467 69 485 71 312 75 153 93 40 93 424 114 563 119 428 121 551 XXITI-2 60 515 394 XXII-3 XXII-10(Con.) 54 186 54 346 55 463 58 90 60 307 60 515 66 204 114 331 *xX17-10 55 611 56 99 57 626 60 307 62 557 62 566 114 333 XXII-11 64 235 64 378 93 40 103 491 114 331 116 195 XXII-12 56 «99 ST 627 APPENDIX. (395) ai “hi Kt é Ne f Dory f ; ry 7 ‘ 4 od ne cee Ket a a re a9 . e ag rt ) ¢ a ae Pe r ‘ ae ’ (tne ni wie Aha Was mY a 4 Ra ait? re ane (itt THE CONSTITUTION | OF THE — STATE OF CALIFORNIA. _ ADOPTED BY THE CONVENTION, OcTOBER 10, 1849; RavirIEpD BY THE PEOPLE, NovEM- BER 13, 1849; ProcuaimMep, DEcEM- BER 20,1849; AND AMENDED IN 1857, 1862, anv 1871. PREAMBLE. We, the people of California, grateful to Al- mighty God for our freedom, in order to secure its blessings, do establish this constitution. ARTICLE I. DECLARATION OF RIGHTS. Section 1. All men are by nature free and independent, and have certain inalienable rights, Constitution—34 (397) Art. I, §§ 2-6 CONSTITUTION OF 1849, 398 among which are those of enjoying and defending life and liberty; acquiring, possessing, and pro- tecting property, and ‘pursuing and nea safety and happiness. Sec. 2. All political power is inherent in the people. Government is instituted for the pro- tection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. Sec. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law. Sec. 4. The free exercise and enjoyment of religious profession and worship, without dis- crimination or preference, shall forever be allowed in this state; and no person shall be rendered in- * competent to be a witness on account of his opin- ions on matters of religious belief; but the liberty of conscience hereby secured shall not be so con- strued as to excuse acts of licentiousness, or justi- fy practices inconsistent with the peace or safety of this state. Sec. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. Sec. 6. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or un- 399 CONSTITUTION OF 1849. Art. I, §§ 7-9 usual punishments be inflicted ; nor shall witnesses be unreasonably detained. Sec. 7. All persons shall be bailable by suf- ficient sureties, unless for capital offenses when the proof is evident or the presumption great. Sec. 8. No person shall be held to answer for a capital or otherwise infamous crime (ex- cept in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature) unless on present- ment or indictment of a grand jury; and, in any trial in any court whatever, the party accused shall be allowed to appear and defend, in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminalk case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. Sec. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prose- cutions on indictments for libels, the truth may Art. I, §§ 10-16 CONSTITUTION oF 1849. 400 be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good mo- tives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Sec. 10. The people shall have the right free- ly to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances. Sec. 11. All laws of a general nature shall have a uniform operation. See. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this state in time of peace; and, in time of war, no appropriation for a standing army shall be for a longer time than two years. Sec. .13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, except in the man- ner to be prescribed by law. Sec. 14. Representation shall be apportioned according to population. Sec. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace. Sec. 16. No bill of attainder, ex post facto 401 CONSTITUTION OF 1849. Art. I, 8§ 17-22 law, or law impairing the obligation of contracts, shall ever be passed. Sec. 17. Foreigners who are or who may here- after become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native-born citizens. Sec. 18. Neither slavery nor involuntary servi- tude, unless for the punishment of crime, shall ever be tolerated in this state. — Sec. 19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and scarches, shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirma- tion, particularly describing the place to be searched and the persons and things to be seized. Sec. 20. ‘Treason against the state shall con- sist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court. Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people. Sec. 22. The legislature shall have no power to make an appropriation, for any purpose what- Art. II, §§ 1-8 CONSTITUTION OF 1849, 402 ever, for a longer period than two years. jAdded by amendment, ratified September 6, 1871.] ARTICLE II. RIGHT OF SUFFRAGE. Section 1. Every white male citizen of the United States, and every white male citizen of Mexico who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the thir- tieth day of May, eighteen hundred and forty- eight, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law; provided, that nothing herein contained shall be construed to prevent the legislature, by a two-thirds concur- rent vote, from admitting to the right of suf- frage Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and proper. Sec. 2. Electors shall, in all cases except trea- son, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and return- ing therefrom. Sec. 3. No elector shatl be obliged to iano as CONSTITUTION oF 1849, Art. III, §1 militia duty on the day of election, except in time of war or public danger. Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the United States, nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while con- fined in any public prison. Sec. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. Sec. 6. All elections by the people shall be by ballot. ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the government of the state of California shall be divided into three separate departments: The legislative, the execu- tive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions ap- pertaining to either of the others, except in the cases hereinafter expressly directed or permitted. Art. LV, §§ 1-4 CONSTITUTION OF 1849, 404 ARTICLE Dye LEGISLATIVE DEPARTMENT. Section 1. The legislative power of this state shall be vested in a senate and assembly, which shall be designated the legislature of the state of California, and the enacting clause of every law shall be as follows: “The People of the State of California, represented in Senate and Assembly, do enact as follows.” Sec. 2. The sessions of the legislature shall be biennial, and shall commence on the first Mon- - day of December next ensuing the election of its members, unless the governor of the state shall, in the interim, convene the legislature by procla- mation. No session shall continue longer than one hundred and twenty days. [Amended 1862. The original provided for annual sessions, begin- ning on first Monday of January. | Sec. 3. The members of the assembly shall be chosen biennally, by the qualified electors of their respective districts, on the first Wednesday in September, unless otherwise ordered by the legis- lature, and their term of office shall be two years. [Amendment ratified September 3, 1862. The original provided for annual elections on the first Tuesday after the first Monday in November. | Sec. 4. Senators and members of assembly shall be duly qualified electors in the respective counties and districts which they represent. 405 CONSTITUTION OF 1849. Art. IV, §§ 5-8 Sec. 5. Senators shall be chosen for the term of four years, at the same time and places as members of the assembly; and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the state and of the county or district for which he shall be chosen one year next before his election. [Amendment ratified September 3, 1862. Original made term of two years, and residence in county or district of six months. | Sec. 6. The number of senators shall not be less than one-third, nor more than one-half, of that of the members of the assembly; and at the first session of the legislature after. this section takes effect, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, so that one- half shall be chosen biennally. [Amendment ratified September 3, 1862. Original provided for annual election. | Sec. 7. When the number of senators is in- creased, they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible. Sec. 8. Each house shall choose its own of- ficers, and judge of the qualifications, elections, and returns of its own members. Art. IV, §§ 9-14 CONSTITUTION OF 1849. 406 Sec. 9. A majority of each house shall con- stitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may provide. Sec. 10. Each house shall determine the rules of its own proceedings, and may, with the concur- rence of two-thirds of all the members elected, expel a member. Sec. 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journal. Sec. 12. Members of the legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next be- fore the commencement and after the termination of each session. Sec. 13. When vacancies occur in either house, the governor, or the person exercising the func-. tions of the governor, shall issue writs of elec- tion to fill such vacancies. Sec. 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 407 CONSTITUTION oF 1849. Art. IV, §§ 15-18 Sec. 15. Neither house shall, without the con- sent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 16. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended in the other. Sec. 17. Every bill which may have passed the legislature shell, before it becomes a law, be presented to the governor. If he approve it, he shall sign it, but if not he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If, after such recon- sideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, not- withstanding the governor’s objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays ex- cepted), the same shall be a law, in hke manner as if he had signed it, unless the legislature, by adjournment, prevent such return. Sec. 18. The assembly shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Art. IV, §§ 19-21 CONSTITUTION OF 1849. 408 Sec. 19. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney general, surveyor general, justices of the supreme court, and judges of the district courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the state; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanors in office in such a manner as the legislature may provide. Sec. 20. No senator or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profitunder this state which shall have been created or the emoluments of which shall have been in- creased during such term, except such offices as may be filled by election by the people. Sec. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this state; provided, that officers in the militia to which there is attached no annual salary, or local officers and postmasters, whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative. 409 CONSTITUTION OF 1849. Art. IV, §§ 22-27 Sec. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this state shall ever be eligible to any office of honor, trust, or profit under this state; and the legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony. Sec. 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the re- ceipts and expenditures of the public moneys shall.be attached to and published with the laws at every regular session of the legislature. Sec. 24. The members of the legislature shall receive for their services a compensation to be fixed ° _ by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected. Sec. 25. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title; and no law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be re-enacted and published at length. Sec. 26. No divorce shall be granted by the legislature. Sec. 27. No lottery shall be authorized by Constitution—35 Art. IV, $§ 28,29 CONSTITUTION oF 1849. 410 this state, nor shall the sale of lottery tickets be allowed. Sec. 28. The enumeration of the inhabitants of this state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and fifty-two and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, to- gether with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty and every subsequent ten years, shall serve as the basis of representation in both houses of the legislature. Sec. 29. The number of senators and members of assembly shall, at the first session of the legis- lature holden after the enumerations herein pro- vided for are made, be fixed by the legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of assembly shall not be less than twenty- four, nor more than thirty-six, until the number of inhabitants within this state shall amount to one hundred thousand; and, after that period, in such ratio that the whole number of members of assembly shall never be less than thirty nor more than eighty. 411i - CONSTITUTION OF 1849. Art. IV, §§ 30-33 Sec. 30. When a congressional, senatorial, or assembly district shall be composed of two or ‘more counties, it shall not be separated by any county belonging to another district. No county shall be divided in forming a congressional, sena- torial, or assembly district * so as to attach one portion of a courty to another county; but the legislature may divide each county into as many congressional, senatorial, or assembly districts as such county may by apportionment be entitled to. [Words following the * were added by amend- ment ratified September 3, 1862.] Sec. 31. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws and special acts passed pursuant to this sec- tion may be altered from time to time, or re- pealed. Sec. 32. Dues from corporations shall be se- cured by such individual liability of the corpora- tors and other means as may be prescribed by law. Sec. 33. The term corporations, as used in this article, shall be construed to include all associa- tions and joint-stock companies having any of the powers or privileges of corporations not pos- sessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts, in like cases as natural persons. Art. IV, §§ 34-39 CONSTITUTION OF 1849. 412 Sec. 34. The legislature shall have no power to pass any act granting any charter for banking purposes, but associations may be formed, under general laws, for the deposit of gold and silver; but no such associations shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. Sec. 35. The legislature of this state shall prohibit by law any person or persons, association, company, or corporation from exercising the privi- leges of banking or creating paper to circulate as money. Sec. 36. Each stockholder of a corporation or joint-stock association shall be individually and ‘personally liable for his proportion of all its debts and liabilities. Sec. 37%. It shall be the duty of the legisla- ture to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, con- tracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations. Sec. 38. In all elections by the legislature the members thereof shall vote viva voce, and the votes shall be entered on the journal. Sec. 39. In order that no inconvenience may result to the public service from the taking effect 4138 CONSTITUTION oF 1819. Art. V, §§ 1-4 of the amendments proposed to article 4 by the legislature of eighteen hundred and _ sixty-one, no officer shall be suspended or superseded there- by until the election and qualification of the sev- eral officers provided for in said amendments. | New section ratifigéd September 3, 1862.] ARTICLE V. EXECUTIVE DEPARTMENT. Section 1. The supreme executive power of this state shall be vested in a chief, magistrate, who shall be styled the Governor of the State of California. Sec. 2. The governor shall be elected by the qualified electors, at the time and places of voting . for members of the assembly, and shall hold his office four years from and after the first Mon- day in December subsequent to his election, and until his successor is elected and qualified. [Amendment ratified September 3, 1862. Orig- inal provided for term of two years. | See. 3. No person shall be eligible to the office of governor (except at the first election) who has not been a citizen of the United States and a resident of this state two years next preceding the election, and attained the age of twenty-five years at the time of said election. Sec. 4. The returns of every election for gov- ernor shall be sealed up and transmitted to the Art: Vs §§ 5-8 CONSTITUTION OF 1849, 414 seat of government, directed to the speaker of the assembly, who shall, during the first week’ of the session, open and publish them in presence of both houses of the legislature. The person having the highest number of votes shall be governor; but, in case any two or more have an equal and the highest number of votes, the legislature shall, by Joint vote of both houses, choose one of said per- sons so having an equal and the highest number of votes, for governor. See. 5. The governor shall be commander in chief of the militia, the army, and navy of this state. Sec. 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department, upon any sub- ject relating to the duties of their respective of- fices. See. 7. He shall see that the laws are faith- fully executed. Sec. 8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and law for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislature, or at the next election by the people. 415 CONSTITUTION oF 1849. Art. V, §§ 9-13 Sec. 9. He may, on extraordinary occasions, convene the legislature by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened. Sec. 10. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters as he shall deem expedient. Sec. 11. In case of a disagreement between the two houses with respect to the time of ad- journment, the governor shall have power to ad- journ the legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next legislature. Sec. 12. No person shall, while holding any oifice under the United States, or this state, exer- cise the office of governor, except as hereinafter expressly provided. Sec. 13. The governor shall have the power to grant reprieves and pardons after conviction, for all offenses, except treason and cases of im- peachment, upon such conditions and with such restrictions and limitations as he may think prop- er, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the sentence until. the case shall be reported to the legislature at its next meeting, when the legis- Art. V, §$ 14-16 CONSTITUTION oF 1849. 416 lature shall either pardon, direct the execution cf the sentence, or grant a further reprieve. He shall communicate to the legislature, at the begin- ning of every session, every case of reprieve or pardon granted, stating the name of the con- vict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve. Sec. 14. There shall be a seal of this state, which shall be kept by the governor, ana used by him officially and shall be called “The Great Seal of the State of California.” Sec. 15. All grants and commissions shall be in the name and by the authority of the people of the state of California, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state. Sec. 16. r House, 2, 3. when may adjourn Congress, 2, 3. shall receive ambassadors and public ministers, shall take care that laws be faithfully executed, shall commission all officers, 2, 3. shall be removed on conviction on impeachment, 2, 4. who eligible for office of, 2, 1, 4. eligibility as to age and residence, 2, 1, 4. PRESIDENT AND VICH-PRESIDENT—manner of choosing, 2, 1, 2. who disqualified to be elector, 2, 1, 2. Congress may determine time of choosing elect- ork 2.01573. electors to meet and vote by ballot, Am. 12. one at least not to be an inhabitant of State, Am,-12, 546 INDEX TO U. S. CONSTITUTION. PRESIDENT AND VICH-PRESIDENT —electors to name in distinct ballots persons voted for,’ Am. 12. distinct lists of votes to be made, Am. 12. to be signed, certified, and transmitted to Presi- dent of Senate, Am. 12. duty of President of Senate on receipt of returns, Am. 12. person having greatest number of votes to be, Am. 12. if he have a majority of electoral vote, ries 12: proceedings, if no person has a majority, Am. 12. in choosing President by the Legislature, each State to ‘have one vote, Am. 12. quorum for this purpose to be two- thirds of States, Am. 12. and a majority of States required to elect, Am. 12s in case of no choice being made; Vice- President tor act? Ams: PRESIDENT OF SENATE—Vice-President shall be, 1, 3,04. when Senate may choose pro tempore, 1, 3, 5. shall have no vote except on equal division, 1, 3, - 4, duty on return of votes of Presidential electors, Am. 12. PRESS—freedom of not to be abridged, Am. 1. ° PRIVATE PROPERTY—not to be taken for public use without compensation, Am. 5. PRIVILEGE—of members of Congress from arrest, except, 1, 6, 1. members not to be questioned for speech or de- DATE Oe Le PRIVILEGES AND IMMUNITIES—of citizens of States, 4, 2, 1. soldiers not to be quartered without consent of owner, Am. 3. persons not to be put twice in jeopardy for same oifense, Am. 5. citizens of United States are citizens of State where they reside, Am. 14, 1. not to be abridged by State laws, Am. 14, 1. State not to deprive of life, ete., without due process of law, Am. 14, 1. INDEX TO U. 8S. CONSTITUTION. 54T PRIVILEGES AND IMMUNITIES—nor deny to any person equal protection of the laws, Am. 14, Sec. 1. PRIZES—Congress may make rules concerning, aes, LL. PROCESS OF LAW—person not to be deprived of life, etc., without, Am. 5. provision made applicable to States, Am. 14, 1. . for obtaining witnesses, rights of accused, Am. 6. PROGRESS OF SCIENCE AND ART—Congress to have power to promote, 1, 8, 8. PROPERTY OF UNITED STATES—Congress may dispose of and make rules and regulations for, 4, 3, 2. PROSECUTIONS—accused to have speedy and pub- lic trial, Am. 6. to be tried by jury in State or district where crime was committed, Am. 6. to be informed of nature and cause of accusation, Am. 6. to be confronted with witnesses, Am. 6. to have compulsory process for witnesses, Am. 6. to have counsel for his defense, Am. 6 PUBLIC DEBT—of United States not to be ques- tioned, Am. 14, 1. PUBLIC USE—property not to be taken for without just compensation, Am. 5. PUNISHMENT—judgment on impeachment not to Darvtriab;etes (15.38). cruel and uuusual prohibited, Am. 8. QUALIFICATION FOR OFFICE—no religious test shall be required as, 6, 3. of electors and members of House of Representa- tives, 1, 2, 1. of members of House as to age and inhabitancy, yay: oe of Senators as to age and inhabitancy, 1, 3, 3. each House to judge of, 1, 5, 1. of President of United States, 2, 1, 4. as to age and residency, 2, 1, 4. of Vice-President, Am. 12. QUORUM—a majority of each House constitutes, 1, Dike a less number may adjourn and compel attend- ance, 1, 5, 1. in case of choice of President, Am. 12. 548 INDEX TO U. S. CONSTITUTION. : QUORUM—to elect Vice-President by Senate, Am. 12; majority of whole number necessary for choice, Lill eke RACE OR COLOR—rights of citizens not to be de- nied on account of, Am. 15, 1. RATIFICATION. OF AMENDMHBENTS—what re- quired, 5. of Constitution, what sufficient, 7. RATIO OF REPRESENTATION—1, 2, 3. how apportioned among the several States, Am. 14, 2. Indians not taxed excluded from count, Am. 14, when reduced, denial of right to vote, Am. 14, 2 REBELLION—certain participants disabled from holding office, Am. 14, 3. Congress may remove disability, Am. 14, 3. debts incurred to suppress not to be questioned, Am. 14, 4. debts incurred in aid of illegal and void, Am. 14, 4. } exception as to suspension of writ of habeas corpus, 1, 9, 2 RECEIPTS AND EXPENDITURES—of public moneys to be published, 1, 9, 7. RECESS OF SEHENATH— President may commission to fill vacancies in office, 2, 2, 3. RECONSIDERATION OF BILL RETURNED BY PRESIDENT—1, 7, 2. RECORDS—of State, full faith and credit to be given to, 4, 1. Congress shall prescribe manner of proving, 4, 1. REDRESS OF GRIEVANCES—tright to petition for cannot be abridged, Am. 1. REGULATIONS—for election of Senators and Repre- sentatives, 1, 4, 1. RELIGION—Congress can make no law as to estab- lishment of, Am. 1. RELIGIOUS TESTS—shall never be required as qualification for office, 6, 3. REMOVAL FROM OFFICE—on impeachment, 2, 1, 6. INDEX TO U. 8. CONSTITUTION. 549 REMOVAL FROM OFFICE—of commerce and revenue, Art. 1, Sec. 9, Subd. 6. respecting territory ceded to United States, 4, 3, 2 REPRESENTATION AND DIRECT TAXATION— how apportioned, 1, 2, 3. changed by amendment, Am. 14, 2. until first enumeration, ratio of, 1, 2, 3. ‘State executive to issue writs of election to fill vacancies, 1, 2, 4. no State to be deprived of equal in Senate, with- out consent, 5. among several States, according to aU) Am. 14, 2. excluding Indians not taxed, Am. 14, 2 basis reduced on denial of right to vote, Am. 14, 2 REPRESENTATIVES—House of, a branch of Con- gress, 1, 1. qualifications of electors of members, 1, 2, 1. as to age and inhabitancy, 1, 2, 2. how apportioned among States, 1, 2, 3. changed by amendment, Am. 14, 2. shali choose Speaker and other officers, 1, 2, 5. shall have sole power of impeachment, 1, 2, 5. State executive to issue writs of election to fill vacancies, 1, 2, 4. legislatures to prescribe times, places, and man- ner of elections, 1, 4, 1. Congress may alter regulations, except as to places, 1, 4, 1. compensation of Senators to be ascertained by faxyiely. 6,71. shall be privileged from arrest except, 1, 6, 1. shall not be questioned for speech or debate, 1, ek. shali be ineligible for office created during their term, 1, 6, 2. who ineligible to office of, 1, 6, 2. bills for raising revenue to originate in House, ord, Ls ineligible to office of Presidential elector, 2, 1, 2. shall be bound by oath to support Constitution, 6, Ss 550 INDEX TO U. S. CONSTITUTION. REPRHESENTATIVES—provisions relative to appor- tionment of, Am. 14, See. 2. disability from participation in rebellion, Am. 14, 3. may be removed by Congress, Am.’ 14, 3. REPRIEVES—President may grant, except, 2, 2, 1. REPRISAL—Congress may grant letters of, 1, 8, 11. no State shall grant, 1,,10, 1. = REPUBLICAN FORM OF GOVERNMENT —guaran- teed to States, 4, 4. RESERVED RIGHTS—enumeration of rights not to deny or disparage others retained, Am. 9. powers not delegated to United States nor pro- hibited to States are reserved, Am. 10. RESIGNATION OF PRESIDENT —Vice-President to act, 2) 1000: Congress may provide for case of, 2, 1, 5. RESOLUTION—concurrent, to be presented to Presi- dent, 1, 7, 3. REVENUE BILLS—to originate in House, LAT pals preference not to be given to. ports, 1, 9, 6. RHODE ISLAND—Representative in first Congress, Veto eane RIGHT OF PHTITION—not to be abridged, Am. 1. RIGHT TO BEAR ARMS—not to be infringed, Am. 2. RIGHTS ENUMERATED—not to deny or disparage others retained, Am. 9. not delegated to United States or prohibited to States are reserved, Am. 10. RULES—of proceedings, each House may determine, es, be and regulations respecting territory and property of United States, 4, 3, 2. of the common law, trials by jury, Am. 7. re-examination of facts by, Am. 7. SCIENCE AND ART—Congress may promote prog- ress of, 1, 8, 8. SEARCHES AND SEIZURES—security of people against, Am. 4. warrants, what essential to, Am. 4. SEAT OF GOVERNMENT —exclusive legislation of Congress over, 1, 8, 17. INDEX TO U. S. CONSTITUTION. 5d1 SECURITIES—punishment for counterfeiting, Art. 1, Sec. 8, Subd. 6. SENATE AND HOUSE OF REPRESENTATIVES— components of Congress, 1, 1. _SENATE—composed of two Senators from each State, 1, 3, 1. chosen by Legislatures for six years, 1, 3, 1. State Executive may fill vacancies, 1, 3, 2. Vice-President to be President of, 1, 3, 4. to choose officers and President pro tempore, 1, 3, 5. to have sole power to try impeachments, 1, 3, 6. on such trial to be on oath or affirmation, 1, 3, 6. Chief Justice to preside on trial of President, 1, -0, 6. concurrence of two-thirds required for convic- Pict, .t,3,: 6. shall be judge of returns and qualifications of its members, 1, 5, 1. majority to constitute a quorum, 1, 5, 1. smaller number may adjourn and compel attend- mice. 1; oO, 1, may determine rules of its proceedings, 1, 5, 2. may punish or expel a member, 1, 5, 2. to keep journal of its proceedings, 1, 5, 3. to publish the same, except, 1, 5, 38. restriction on power to adjourn, 1, 5, 4. may propose amendments to revenue bills, 1, 7, 1. shall advise and consent to ratification of trea- eles ye 2 Z| 2: shail advise and consent to appointment of am- bassadors, ete, 2, 2, 2. and Judges of Supreme Court and other officers, pe, ee when may be convened by President, 2, 3, 1. no State without its consent to be deprived of its equal suffrage in, 5. SENATORS—to be divided into three classes, 1, 3, 2. seats of classes, when vacated, 1, 3, 2. qualification as to age and inhabitancy, 1, 3, 3. times, places, and manner of choosing, how fixed, 1, 4, 1. Congress may alter except as to places, 1, 4, 1. executive, when may fill vacancies, 1, 3, 2. appointees’ tenure of office, 1, 3, 2. hod INDEX TO U. S. CONSTITUTION. SENATORS—to be privileged from arrest, except, Art. 1, Sec. 6, Subd. 1. compensation to be ascertained by law, 1, 6, 1. shall not be questioned for speech or debate, 1, foe & ineligible to offices created during term of ser- vice, 1, 6,2. who ineligible to office of, 1, 6, 2. ineligible to office of presidential elector, 2, 1, 2. shall be bound by oath to Supp Ret the Constitu- tion, 6, 3. certain persons disqualified, ans 14, 3. Congress may remove disability, Am. 14, 3. SERVICE OR LABOR—delivery up of fugitives from, 4-223: SERVITUDE—involuntary, except for crime, abol- isheds, “Ameslowi. rights of citizens not to be abridged on account of prior condition of, Am. 15, 1. SHIPS OF WAR—NStates shall not keep, 1, 10, 3. SLAVE—claim for loss or emancipation of, void, Am. 14, 4. SLAVHPRY—abolished, Am. 18, 1. SOLDIERS—not to be quartered in any house with- out consent of owner, Am. 3. SOUTH CAROLINA—Representatives in first Con- gress, 1, 2,3 SPEAIKHR—House to choose Speaker and other officers, 1, 2,5. SPEECH—Congress not to abridge freedom of, Am. ie STANDARD OF WHIGHTS AND MEASURES— Congress shall fix, 1, 8, 5 STATES—executives shall issue writs of election be fill vacancies in House, 1, 2, 4. commerce among to be regulated by Congress, 1, Bela: shall not enter into treaties, alliance, or confed- eration, 1, 10, 1. shal) not grant letters of marque or reprisal, 1, LON shall not coin money, 1, 10, 1. shall not emit bills of credit, 1, 10, 1. restriction as to making a legal tender, 1, 10, 1. INDEX TO U. S. CONSTITUTION. 508 ~§STATEHS—shall not pass bills of attainder, Art. 1, Sec. 10, Subd. 1. or ex post facto law, 1, 10, 1. or law impairing obligation of contracts, 1, 10, 1. shall not grant any title of nobility, 1, 10, 1. shall not, without consent of Congress, lay duties on imports or exports, 1, 10, 2. except where absolutely necessary, 1, 10, 2. nor lay any duty on tonnage, 1, 10, 3. nor keep troops or ships of war in time of » peace, 1, 10, 3. nor enter into compact or agreement with other state, 1, 10, 3. nor levy war unless actually invaded, 1, 10, 3. or in imminent danger, 1, 10, 3. full faith and credit to be given to acts, records, ete., of, 4, 1. citizens entitled to privileges and immunities in common, 4, 2, 1. new States may be admitted, 4, 3, 1. but cannot be formed within jurisdiction of an- other, +4, 3, 1. nor by junction of States or parts of States with- out consent, 4, 3, 1. nor without its consent can a State be deprived of its equal suffrage in Senate, 5. three-fourths of may ratify amendments, 5. republican Government guaranteed to, 4, 4. to be protected from invasion, 4, 4. and on their application against domestic vio- lence, 4, 4. ratification Constitution, 7 powers not delegated to United States nor pro- hibited to States are reserved, Am. 10. SUPREME COURT —judicial power vested in, 3, 1. judges to hold office during good behavior, 3, 1. compensation of judges not to be diminished during term, 8, 1. original jurisdiction in certain cases, 3, 2, 2. appellate jurisdiction, regulations of Congress, ern) SUPREME LAW—Constitution, laws, and treaties to be, 6, 2. judges in every State bound by, 6, 2. Constitution—47 554 INDEX TO U. S. CONSTITUTION. SUPPRESSION OF INSURRECTION—Congress to provide for, Art. 1, Sec. 8, Subd. 15. debt incurred for not to be question, Am, 14, 4. TAXES—how apportioned among the States; 1, 2, 3. capitation or direct to be in proportion to cen- sus, 1, 9,4. not to be laid on articles exported, 1, 9, 5. Congress shall have power to levy and collect, i eee to be uniform throughout the United States, 1, 8, Ly TEMPORARY APPOINTMENT—may be made in vacancies in Senate, 1, 3, 2. TENDER IN PAYMENT —trestriction on power of Stute,; Ty 0, “1: TERM OF OFTFICH—of President and Vice-Presi- Gent. 2. ss of Representatives, 1, 2, 1. of Senators, 1, 3, 1. TERRITORY—Congress to dispose of and make rules for, 4, 3, 2. TESTIMONY—necessary to conviction for treason, Sone TIMES, PLACES, AND MANNER—of elections to Congress, 1, 4, 1. : ry Congress may alter regulations, except, 1, 4, 1. TITLE OF NOBILITY—United States shall not grant, 1, 9, 8. no State shall grant, 1, 10, 1. United States official not to accept from’ any king, étc., 1, 9, 8. TONNAGE—trestriction on State as to duty of, 1, 10, 3. TRANQUILITY—purpose of Constitution to insure, Preamble. TREASON—in what consists, 3, 3, 1. testimony necessary to convict of, 3, 3, 1. | Congress to declare punishment for, 3, 3, 2. attainder of not to work corruption of blood, 38, Bee shall not work forfeiture except during life, 3, 8, ae ae removal from office on conviction of, 2, 4, 1. privilege from arrest not to extend to cases of, 1:60: ee INDEX TO U. S. CONSTITUTION. 555 TREASURY—money drawn from only in conse- _ quence of appropriation, Art. 1, Sec. 9, Subd. 7. - accounts of receipts and expenditures to be pub- lished, 1, 9, 7. TREATIES—President, with concurrence of Senate, may make, 2, 2, 2. judicial power to extend to cases under, 3, 2, 1. to be-supreme law binding on all judges, 6, 2. TREATY—no State shall enter into, 1, 10, 1. TRIAL—and ee after conviction on impeach- ment, 1, 3, TRIAL BY JURY—ot all crimes except cases of im- peachment, 8, 2, 3. to be held in State where crime was committed, vie oe when not committed within a State, to be where Congress directs, 3, 2, 3. of accused to be speedy and public, Am. 6. in suits at common law, Am. 7. TRIBUNALS—inferior to Supreme Court, Congress may establish, 1, 8, 9. ; TROOPS—NState shall not keep in time of peace, 1, £0,313. TWO-THIRDS—of Senate to concur in conviction on impeachment, 1, 3, 6. : of each house may expel a member, 1, 5, 2. may pass a bill over President’s veto, 1, 7, 2. concurrence required to make treaty, 2, 2, 2. of States, for call of convention to propose amendments, 5. of both Houses may propose amendments, 5. of States represented, required for choice of President by House, Am. 12. of Senators required for election of Vice-Presi- dent, Am. 12. of Congress may remove disability to office, Am. 14, UNION—purpose of Constitution to establish more perfect, Preamble. state of, to be given to Congress by President, 2, Porag new States may be admitted into, 4, 3, 1. restrictions as to formation of new States, 4, 3, 1. UNREASONABLE SEARCHES AND SEIZURES— prohibited, Am. 4. 556 INDEX TO U. S. CONSTITUTION. UNUSUAL PUNISHMENTS—not to be inflicted, Am. 8 . USEFUL ARTS—Congress to promote progress of, 1, 8, 8. VACANCY—in representation, Executive to ‘issue writs of election to fill, 1, 2, 4. in Senate, how filled, 1, 3, 2. during recess of Senate to be filled by commis- SiGt hc, ceca: . VALIDITY OF PUBLIC DEBT—not to be ques- tioned, Am. 14, 4. VESSELS—from port of one State not to be obliged to pay duties in another, 1, 9, 6. VETO—of bill by President, proceedings of Congress OD ie VICH-PRESIDIENT—to be President of Senate, ‘iso, 4. to have no.vote except on equal division, 1, 3, 4. Senate may choose President pro tempore, 1, 3, 5. to be chosen for four years, 2, 1, 1. number of electors and manner of appointing, 2, ves duties of President, when to devolve on, 2, 1, 5. Congress may provide by law for appointment of in certain cases, 2, 1, 5: removal from office by impeachment, 2, 4. manner of choosing, by electors, Am. 12. to be named by electors in distinct ballots, A. 12. distinct lists to be signed, certified, and sent to President of Senate, Am. 12. count of votes by President of Senate, Am. 12. person having greatest number of votes to be, Am. 12. if no person have majority, Senate to choose, Am. 1. quorum for such purpose to be two-thirds,. Am. 12, majority of whole number necessary to a choice, Am. 12. when to act as President, Am. 12. eligibility to office of, Am. 12. VIRGINIA—representation in first Congress, 1, 2, 3. VOTE— each Senator shall have one, 1, 3, 1. INDEX TO U. S. CONSTITUTION. 557 VOTE —Vice-President not to have, except on equal division, Art. 1, Sec. 3, Subd. 4. requiring concurrence of two Houses to be pre- sented to President, 1, 7, 3. right to, not to be abridged by reason of race, eolor, etc:, Am. 15, 1. each House may expel a member by two-thirds, eee bill vetoed may be passed by a two-thirds, 1, 7, 2. of two-thirds required for conviction on impeach- ment, 1, 3, 6. two-thirds of Congress necessary to propose amendments, 5. consent of two-thirds Senate necessary to make freacy, 2, 2. 2. two-thirds necessary to remove disability for office, Am. 14, 3. WAR—power of Congress to declare, 1, 8, 11. power to make rules and articles of, 1, 8, 14. . no State, without consent of Congress, to engage ie 10,3. treason consists in levying, 3, 3, 1. WARRAN'TS—to issue only on probable cause, Am. 4. on oath or affirmation, Am. 4. WEIGHTS AND MEASURES—Congress to fix standard of, 1, 8, 5. WEILEFARE—purpose of Constitution to secure, Pre- amble. Congress shall have power to provide for, 1, 8, 1. WITNESSES—no person to be compelled to testify against himself, Am. 5. accused to be confronted by, Am. 6. accused to have compulsory process for, Am. 6. testimony necessary for conviction for treason, ie, sh WRITS—of election to fill vacancies.in representa- HO, 11, 2, 4. WRITTEN OPINION—of heads of departments, President may require, 2, 2, 1. YEAS AND NAYS—at desire of one-fifth to be en- tered on journals, 1, 5, 3. passage over veto to be determined by, 1, 7, 2. ” ' ne we, , is a. he al oe eG ed yy? a : lL par fi ee 4 vie ‘ 7 Pa “ ; ree oe * eat ithe Pe aden ie Spite avd re rath . , ; an bs fea BS ee of i yy ~dineg auf weit i : iver tts Ww ye yo , a =) -——S d 2! ae eee haa mart Ss rioata CP Ret ae Otel A ee aide al ; —.. '- +o hy ne ‘ ih) 6 bh Xess ONT, ‘See 1 ¥ wit a * 4 oo . 27 tr ee ane , i 7 } t ry Lae CL ee ¥ “ « , ,. at i ; VUCiet fy + Pa ' ' : j . 7 ~ Pr 7 >.< " 7 ; . HELENS | gr vay! Soar a ify ie * | ne . | © cyt i ane eels oo Hivth ily i feel? ns The r tens ie ee 4d it as ce . lie hes 7a & f 7 “iste * es < i ‘ . 7 5 i : ais . ' , a; ae | F r . . A j , . A ‘ . . * gk ’ , ki ‘ ' % idea E63 . é ba z INDEX TO THE Constitution of California, 1879. [References are to articles, sections, and pages, re- spectively. ] ABANDONED CHILDREN-—state may provide for, Art. 4, Sec. 22, p. 88. ABSENCEH—of governor, duties devolve on lieuten- ant-governor, 5, 16, p. 182. of chief justice, selection pro tempore, 6, 2, p. 189. of judge from state, 6, 3, p. 1438. of judicial officer when a forfeiture of office, 6, 9, p. 174. . of citizen on public business not to affect resi- dence, 20, 12, p. 349. ACCOUNT —of receipts and expenditures to be pub- lished, 4, 22, p. 88. ACCOUNTABILITY—of municipal officers, 11, 5, p. 213. ACCUSED-—rights of, 1, 18, p. 17. ACQUISITION OF PROPERTY-—rights of aliens, 1, 17, p. 48. ACT OF LEGISLATURE—to embrace but one sub- ject, 4, 24, p. 92. ACTION—corporations may sue and be sued, 12, 4, p. 297. where may be sued, 12, 14, p. 284. (559) 560 INDEX TO CONSTITUTION OF 1879. ACTIONS—limitation of, special legislation prohib- ited, Art. 4, Sec. 25, p. 99. real where to be commenced, 6, 5, p. 154. against transportation companies for excessive charges, 12, 22, p. 289. unaffected by adoption of constitution, 22, 2, p. 361. ADJOURNMENT OF LEGISLATURE—for want of quorum, 4, 8, p. 78. restriction on right of, 4, 14, p. 81. loss of per diem by, 4, 14, p. 81. effect of on passage of bills, 4, 16, p. 82. power of governor on disagreement, 5, 11, p. 130. ADJUSTMENT OF POPULATION—in legislative districts, 4, 6, p. 75. ADMISSION TO UNIVERSITY-—2%, 9, p. 199. ADOPTION OF OE cual legislation pro- hibited, 4, 25, p. 99. APFIDAVIT—required of justice or judge on draw- ing salary, 6, 24, p. 187. to sustain issue of warrants, 1, 19, p. 50. AFFIRMATION—See Oath. AGED PERSONS—state may provide for support of, Ae fees. AGENT—when not to receive extra compensation, 4, Cee Dae Le. of transportation company, restrictions as to in- terests, 12, 18, p. 287: AGREEMENT FOR EXTRA COMPENSATION—to . public officials, void, 4, 32, p. 119. AGRICULTURAL COLLEGE —provisions regarding, 9, 9, p. 199. AGRICULTURAL SOCIETY—how to elect officers, zy ee ee: AID FROM PUBLIC FUNDS—to private institutions prohibited, 4, 22, p. 88. to religious sects prohibited, 4, 30, p. 116. ALAMEDA—two superior court judges to be elected, 6,163. Dee tt U. salary of judge of superior court, 6, 17, p. 182. ALIENATION OF FRANCHISE—not to relieve from liability, 12, 10, p. 282. INDEX TO CONSTITUTION OF 1879. 561 ALIENS DETRIMENTAL TO STATE —protection from, Art. 19, Sec. 1, p. 340. foreigners ineligible to citizenship declared dan- gerous, 19, 4, p. 342. their immigration to be discouraged, 19, 4, p. 342. provision for their removal, 19, 4, p. 342. AMENDATORY ACTS—title to, 4, 24, p. 92. AMENDMENTS TO BILLS—how made, 4, 15, p. 81. to be printed, 4, 15, p. 81. -to laws, how enacted, 4, 24, p. 92. to city charter, how made, 11, 8, p. 227. AMENDMENT TO CONSTITUTION—may be pro- posed in either house, 18, 1, p. 337. two-thirds vote required, 18, 1, p. 3387. to be submitted to vote of people, 18, 1, p. 337. several, to be voted on separately, 18, 1, p. 337. if ratified by majority, part of constitution, 18, ah. oa ts AMERICAN UNION—state part of, 1, 3, p. 5. — APPELLATH JURISDICTION—of supreme court, 6, 4, p. 144. of superior court, 6, 5, p. 154. APPOINTMENT AND REMOVAL—of board of prison directors, 10, 1, p. 204. of warden and clerk, 10, 3, p. 205. of subordinate officers and employees, 10, 3, p. 205. of inspection officers, by municipal corporations, 11, 14, p. 258. to be according to legislative direction, 20, 4, p. 346. APPORTIONMENT—of members of legislature, 4, 6, p. 75. of business of superior courts, 6, 7, p. 173. of railroad values on assessment, 13, 10, p. 318. APPROPRIATION BILL—governor may veto separ- ate items of, 4, 16, p. 82. duty of governor as to, 4, 16, p. 82. what bill to contain, 4, 29, p. 115. what prohibited, 4, 30, p. 116. for specific purpose to contain but one item, 4, Spe iol: APPROPRIATION—of water, 14, 1, p. 321. 562 INDEX TO CONSTITUTION OF 1879. APPROPRIATIONS—to eleemosynary institutions, pro rata to counties, cities, and towns, ae 4, See. 22, p. 88. for private corporations and institutions, 4, 22, p. 88 restriction on powers of legislature, 4, 22, p. 88. for support of orphans, ete., 4, 22, p. 88. by legislature and local governments, restriction on, 4, 30, p. 116. ARCHIVES—all laws, official writings, and procéed- ings to be preserved, 4, 24, p. 92. ARMY--standing not to be kept, 1, 12, p. 17. ARREST—menmbers of legislature privileged from, 4, 11, p. 80. privilege of electors from, 2, 2, p. 57. ARTIFICIAL LIGHT-—right of cities to regulate charges, 11, 19, p. 265. ARTISANS—secured by lien on property, 20, 15, p 349. legislation to provide for enforcement of, 20, 15, D. 349. ASIATIC COOLIEISM—a form of slavery, 19, 4, p. 342. forever prohibited, 19, 4, p. 349, ASSEMBLAGES OF PEOPLE—guaranty as to, 1, LOS Deon ASSEMBLY—legislative power vested in, 4, 2, p. 73. members, when and how chosen, 4, 3, p. 73. term of office, 4, 6, p. 75. number of members, 4, 5, p. 74. districts to be formed, 4, 6, p. 75 vacancies, how filled, 4, 12, p. 80. to have sole power of impeachment, 4, 17, p. 84. compensation of, 4, 23, p. 91. attachment of district to form congressional dis- trict, 4, 27, p. 114. district not to be divided, 4, 27, p. 114. ASSEMBLY DISTRICTS—organization of, 4, 6, p. 75. each to choose one member, 4, 6, p. 75. to be numbered from one to eighty, 4, 6, p. 75. ASSESSMENT —appellate jurisdiction of supreme court, 6, 4. p. 144. original jurisdiction of superior courts, 6, 5, p- 154. INDEX TO CONSTITUTION. OF 1879. 563 ASSESSMENT--under township organization, Art. 11, Sec. 4, p. 211. of municipal taxes, 11, 12, p. 252. for street improvements, 11, 19, p. 265. to be in proportion to benefits, 11, 19, p. 265. of lands for taxes, 13, 2, p. 308. of lands sectionized and not sectionized, 13, o.. Di 308. mortgages, deeds of trust, ete., deemed property, 13, 4, p. 308. of securities, how made, 18, 4, p. 308. of railroads, 13, 4, p. 308. equalization of, 18, 9, p. 318. property, where and how assessed, 13, 10, p. 318. of railroad franchises, 13, 10, p. 318. apportionment of railroad values, 13, 10, p. 318. securities, to whom assessed, 13, 4, p. 308, where to be made, 18, 10, p. 318. of taxes to be under general laws, 4, 25, p. 99. for income tax, 13, 11, p. 320. See Taxation. ASSETS-—of corporations to be entered on books, 12, 14, p. 284. « ASSIGNMENT OF JUSTICES—to departments. of supreme court, 6, 2, p. 139. ASSOCIATE JUSTICES—subject to impeachment, 4, 18, p. 85. to be assigned to departments of supreme court, Grocu Dado. competent to sit in either, 6, 2, p. 139. may freely interchange, 6, 2, p. 139. three necessary to transact business, 6, 2, p. 1389. may act in chambers, 6, 2, p. 139. four may order hearing in bank, 6, 2, p. 139. when concurrence of four necessary to judgment, Cee A ORE eB to select one to preside, 6, 2, p. 1389. when to select chief justice pro tempore, 6, 2, p. 139. _time and place of election, 6, 3, p. 1438. term of office, 6, 3, p. 143. -. those first elected to classify themselves, 6, 3, p. 143. 564 INDEX TO CONSTITUTION OF 1879. ASSOCIATE JUSTICES—two to be elected every four years, Art. 6, Sec. 3, p. 143. appointment by governor in case of vacancy, 6, , p. 148. ee ee appropriations if not under state ' e¢ontrol, 4, 22, p. 88. cannot acquire rights, ete., by special legislation, 4, 25, p. 99. included in term “‘corporations,’’ 12, 4, p. 279. where may be sued, 12, 16, p. 285. subject to assessment for income tax, 138, 11, p. 320. ASYLUMS—not under state control, not entitled to appropriations, 4, 22, p. 88. ATTACHES OF LEGISLATURE—compensation of, 4, 23, p. 91. ATTAINDER, BILLS OF—prohibited, 1, 16, p. 41. ATTORNEY GENERAL—subject to impeachment, 4, 18,4p. 85. mode and time of election, 5, 17, p. 133. term of office, 5, 17, p.,133. duties of office, 5, 17, p. 1388. compensation of, 5, 19, p. 134. AYES AND NOES—on urgency for passage of bill, 4, 15, p. 81. to be taken on each bill separately, 4, 15, p. 81. when to be entered on journal, 4, 10, p. 79." on removal of justices or judges, to be entered on journal, 6, 10, p. 175. * on proposed amendment to constitution, 18, 1, p. 337. and to be entered on journal, 18, 1, p. 337. BAIL—allowed on sufficient sureties, 1, 6, p. 7. except in capital offenses, etc., 1, 6, p. 7. excessive not to be required, 1, 6, p. 7. BALLOTS—all elections to be by ballot, 2, 5, p. 60. for election of new constitution to be distributed, 22, 5, p.. 3638. BANKING—+trestriction on power of legislature, 12, 5, p. 280. corporations may be formed under general laws, 12, 5, p. 280. only lawful money of United States to be circu- lated, 12, 5, p. 280. INDEX TO CONSTITUTION OF 1879. 565 BASIS—of representation, Art. 4, Sec. 6, p. 75. BIENNIAL—sessions of legislature, 4, 2, p. 73. BILLS—limitation of time for introduction of, 4, 2, p. 73. how to be put on their passage, 4, 15, p. 81. when passed to be submitted to governor, 4, 16, p. 82. power of governor to sign or disapprove, 4, 16, p. 82. when to become a law, 4, 16, p. 82. passage over veto, 4, 16, p. 82. making appropriation to contain but one item, 4, 34, p. 121. BILLS OF ATTAINDER—prohibited, 1, 16, p. 41. BOARD OF CANVASSERS—on new constitution, duty of, 22, 8, p. 365. BOARD OF EDUCATION—to adopt text-books, 9, 7, p. 196. to control examination of teachers, 9, 7, p. 196. and grant teachers’ certificates, 9, 7, p. 196. restriction as to power to incur debt, 11, 18, p. : 259. BOARD OF EQUALIZATION—to be elected, 138, 9, p. 318. term of office and duties of, 13, 9, p: 313. controller, a member ex officio, 18, 9, p. 318. authority of board, 13, 9, p. 313. supervisors to constitute county boards, 13, 9, p. Bes BOARD OF FREEHOLDERS—election and qualifi- eation of, 11, 8, p.. 227. duties of, 11, 8, p. 227. to prepare charter, 11, 8, p. 227. BOARD OF SUPERVISORS—when to adopt text- books, 9, 7. p. 196. duty and authority as to teachers, 9, 7, p. 196. election and appointment of, 11, 5, p. 213. eertain cities to have two boards, 11, 7, p. 225. election, term, and classification of, 11, 7, p. 225. to be a board of equalization, 138, 9, p. 3138. to fix water rates, 14, 1, p. 321. BONDS—taxable, 18, 1, p. 294. Constitution—48 566 INDEX TO CONSTITUTION OF 1879. BONDS OF CORPORATIONS—not to be issued ex- cept for money, labor, or property, Art. 12, Sec. AT;¢p, 282. when may be increased, 12, 11, p. 282. BOOKS OF RECORD—to be kept by corporations, 12, 14, p. 284. what to be entered on, 12, 14, p. 284. railroad commissioners to prescribe form for ac- counts, 122522, oe, . BOUNDARY OF STATE —21, 1, p. 355. BREACH OF THE PEACE—no privilege from ar- rest, 4, 11, p. 80. BRIBERY—conviction for disfranchises, 20, 11, p. 348. a disqualification for office, 20, 11, p. 348. compulsory testimony in cases of, 4, 35, p. 122. BRIDGES—special legislation prohibited, 4, 25, p. 99. BUSINESS—sex not a disqualification, 20, 18, p. 352. right to conduct, p. 4. BUTTE COUNTY-—salary of judge of superior court, 6.17, palS2: CALIFORNIA SCHOOL OF MECHANICAL ARTS— property of exempt from taxation, 9, 11, p. 202. CANAL COMPANIES—are common carriers, 12, 17, - p. 286. officers of not to be interested in certain con- tracts;127) 1S; pF 28s CAPITAL OFFENSES—when not bailable, 1, 6, p. 7. CAPITAL STOCK OF CORPORATIONS—subject to legislative control, 4, 26, p. 112. to be entered on books, 12, 14, p. 284. CAPITATION TAX—legislature may provide for a poll tax, 13, 12, p. 320. or for income taxes, 18, 11, p. 320. CEMETERIES—special legislation prohibited, 4, 25, p. 99. CENSUS—the basis of adjustment of legislative dis- tricts, 4, 6, p. 75. CERTIORARI—jurisdiction of Sunes court, 6, 4, p. 144. of superior court, 6, 5, p. 154. CHAMBERS-—justice of supreme court may act in, 6,°2.° D159, judges of superior courts may act in, 6, 14, p. 181. INDEX TO CONSTITUTION OF 1879. 567 CHANGE OF COUNTY SEAT—to be by general laws alone, Art. 4, Sec. 25, p. 99. CHANGE OF NAMES-—special legislation prohibited, 4, 25, p. 99. CHANGE OF PLACE OF TRIAL—in libel cases, 1, me po 11, in railroad cases, 12, 16, p. 285. CHANGE OF VENUE-—special acts prohibited, 4, 25, ‘ p. 99. CHARGE TO JURY—6, 19, p. 183. CHARTHR—cannot be granted by special act, 4, 25, P p99. for banking purposes prohibited, 12, 5, p. 280. but corporations may form under general laws, 12, 5, p. 280. invalid for want of organization under, 12, 6, p. 280. not to be extended, 12, 7, p. 280. nor forfeiture remitted, 12, 7, p. 280. business restricted to terms in, 12, 9, p. 281. CHARTER OF MUNICIPAL CORPORATION—how obtained, 11, 8, p. 227. when and how framed, 11, 8, p. 227. board of freeholders may prepare, 11, 8, p. 227. copy to be deposited with secretary of state, 11, Spe 221. and a copy to be recorded, 11, 8, p. 227. judicial notice to be taken, 11, 8, p. 227. may be amended, 11, 8, p. 227. approval of three-fifths of voters necessary, 11, 8, p. 227. how presented to voters, 11, 8, p. 227. may contain what, 11, 844, p. 238. CHIEBE JUSTICH—subject to impeachment, 4, 18, p. 85. authority and duties of, 6, 2, p. 139. time and place of election, 6, 3, p. 1438. CHIEF MAGISTRATEH—styled governor of Califor- nia, 5, 1, p. 124. CHILDREN—adoption and legitimation of, 4, 25, p. 99. CHINESE—excluded from right of suffrage, 2, 1, p. 54. legislature to provide for protection against, 19, 1, p. 340. 568 INDEX TO CONSTITUTION OF 1879. CHINESE—to impose conditions on their residence, Art. 19, Sec. 1, p. 340. to provide for their removal from the state, 19, 1, p. 340. corporations prohibited from employing, 19, 2, p. 341. municipal corporations prohibited from employ- ing, 19, 3, p. 341. not to be employed on public works, 19, 3, p. 341. penalty to be prescr ibed for importing coolies, 19, 4, p. 342. their immigration to be discouraged, 19, 4, p. 342. power to be delegated to cities and towns for their removal, 19, 4, p. 342. provisions to prohibit their introduction, 19, 4, p. 342. and to provide for protection against evils of their presence, 19, 4, p. 342. legislature to enforce constitutional provisions, 19, 4, p. 342. CHURCH—appropriations to, prohibited, 4, 30, p. 116. CITIES—to share in appropriations to orphans, etce., 4, 22, p. 88. CITIZENS—rights of, 1, 9, p. 11. privileges and immunities of, 1, 21, p. 51. right of suffrage, 2, 1, p. 54. , not to be deprived of life, liberty, e¢‘c., without due process of law, 1, 18, p. 17. CITIZENSHIP—under Treaty of Queretaro, 2, 1, p. 54. lost, cannot be restored by special act, 4, 25, p. 99. CITY—may be divided into congressional districts, 4, 27, po 114: officers to be governed by general laws only, 4, 25,- p.: 99. what appropriations prohibited, 4, 30, p. 116. mode of framing charter, 11, 8, p. 227. board of freeholders, when may frame charter, LAS, onleeet: charter, to be published, 11, 8, p. 227. to be submitted to vote, 11, 8, p. 227. if ratified to be submitted to legislature, 11, 8, p. 227. INDEX TO CONSTITUTION OF 1879. 569 CITY—if approved, it becomes the charter, Art. 11, Sec. 8, p. 227. protection from alien paupers, 19, 1, p. 340. CITY AND COUNTY-—tright to share in appropria- tions granting aid, 4, 22, p. 88. not to be divided in forming congressional dis- trict, 4, 27, p. 114. restriction on appropriations, 4, 30, p. 116. governments may be merged and consolidated, 11, Meee 220). CITY, COUNTY, OR TOWNSHIP—right to share in appropriations to institutions, 4, 22, p. 88. prohibited from aiding religious sect or creed, 4, woPp. 116. prohibited from loaning or giving its credit, 4, oie p. 116. inferior courts may be established in, 6, 1, p. 1387. a subdivision of state, 11, 1, p. 208. may organize under general laws, 11, 6, p. 218. compensation of officers of, 11, 9, p. 240. not to be released from share of taxes, 11, 10, p. 241. commutation of taxes prohibited, 11, 10, p. 241. may enforce local police and sanitary regulations, DPA) pp. 2423 legislature may vest power of taxation in, 11, 12, p. 252. to appoint inspection officers, 11, 14, p. 258. money collected to be paid into treasury, 11, 16, p. 258. restriction as to incurring indebtedness, 11, 18, p. 259. liabilities of, when void, 11, 18, p. 259. to regulate water rates, 14, 1, p. 321. penalty for neglect, 14, 1, p. 321. to be protected from alien paupers, etc., 19, 1, p. 340. to have power to remove the same, 19, 4, p. 342. provisions for prohibiting their introduction, 19, 4, p. 342. CITY COUNCIL to fix water rates, 14, 1, p. 321. CIVIL ACTIONS—three-fourths of jury may decide, Ty pe 8. jury may be waived, 1, 7, p. 8. imprisonment in, 1, 15, p. 41. 570 INDEX TO CONSTITUTION OF 1879. CIVIL OFFICERS—trial of, for misdemeanor, Art. 4, See. 18, p. 85. CLASSIFICATILION—of justices of supreme court, 6, 3, p. 148. of counties, 11, 5, p. 218. of senators at election of 1882, 4, 5, n. 74. of municipal corporations, 11, 6, p. 218. of state prison directors, 1U, 1, p. . 4. of superior judges in San Francisco, 6, 6, p. 170. of supervisors, 11, 7, p. 225. CLAIMS AGAINST STATE OR LOCAL GOVERN- MENT—not to be allowed, 4, 32, p. 119.: CLERK-—of supreme court, legislature to provide for election of, 6, 14, p. 181. county clerk to be ex officio clerk of courts of record, 6, 14, p. 181. of state prison, appointment by board, 10, 3, p. 205. powers and duties of, to be defined, 10, 5, p. 206. of county, duty on election for new constitution, - 22, 6, p. 364. CLERICAL OFFICERS—salary of, 5, 19, p. 134. CLERICAL SERVICES—limitation of compensation, 5, 19, p. 184. COLLECTION OF TAXES—to be governed by gen- eral laws, 4, 25, p. 99. of municipal taxes, 11, 12, p. 252. COLLEGE—appropriation, when prohibited, 4, 30, p. 116. COLLEGE OF AGRICULTURE—to be supported and maintained, 9, 9, p. 199. fund for to be inviolate, 9, 9, p. 199. COMBINATIONS—between transportation companies prohibited, 12, 20, p. 288. COMMANDER-IN-CHIEF—of militia, 5, 5, p. 126. governor to continue as, 5, 16, p. 132. COMMISSIONERS—to be elected or appointed, 20, 4, p. 346. term of office of, 20, 16, p. 350. COMMISSIONS—to be sealed and signed by goy- ernor, 5; 14);°p.- 1381: to militia officer to be signed by governor, 8, 1, p. 190. COMMITMENT—for offenses, 1, 8, p..10. INDEX TO CONSTITUTION OF 1879. 571 COMMON CARRIERS—railroads, canals, and trans- portation companies are, Art. 12, Sec. 17, p. 286. subject to legislative control, 12, 17, p. 286.) when not to combine to share earnings, 12, 20, p. 288. rates lowered cannot be raised without consent of government, 12, 20, p. 288. discriminating rates prohibited, 12, 21, p. 289. charges at way stations, 12, 21, p. 289. excursion and commutation tickets may be at special rates, 12, 21, p. 289. See Railroad Companies. COMMON SCHOOLS—not subject to local or special acts, 4, 25, p. 99. - gource and origin of funds, 9, 4, p. 193. legislature to provide for system of, 9, 5, p. 194. system to include primary and grammar schools, 5,6; p. 195. funds to be applied exclusively thereto, 9, 6, p. 195. no sectarian doctrine to be taught, 9, 8, p. 199. COMMUNICATION OF GOVERNOR —to legislature,. 5, 10, p. 130. COMMUTATION OF SENTENCE—power of gov- ernor, 7, 1, p. 188. COMMUTATION OF TAXES PROHIBITED—11, 10, p. 241. COMPENSATION—to be first made on taking prop- erty for public use, 1, 14, p. 31. of members of legislature, 4, 23, p. 91. in case of adjournment, 4, 14, p. 81. extra cannot be granted, 4, 32, p. 119. of state officers not to be diminished or increased, 5, 19, p.. 134. of clerk of supreme court, 6, ite . 181, to justices and judges, 6, 17, p. 182, of justices to be paid by state, 6, 17, p. 182. half salary of judges to be paid by state, 6, 17, p. 182. and half by counties, 6, 17, p. 182. of board of state prison directors, 10, 4, p. 205. of county officers, 11, 5, p. 213. of county, city, and town officers, not to be in- creased, 11, 9, p. 240. 572 INDEX TO CONSTITUTION OF 1879, COMPULSORY PROCESS—accused entitled to pro- cure. witnesses, Art. 1, Sec. 13, p. 17. on failure of supervisors to fix water rates, 14, Lippe CONCURRENCE NECESSARY TO JUDGMENT IN SUPREME COURT —6, 2, p. 189. CONDEMNATION TO PUBLIC USE—See Eminent Domain. CONDITION OF STATE—governor to communicate to legislature, 5, 10, p. 130. CONDITIONS IMPOSED ON FOREIGN CORPORA- TIONS—12, 15, p. 284. CONFESSION IN OPEN COURT —effect of, 1, 20, p. 50. CONGRESSIONAL DISTRICTS—how ae 4, 27, p. 114. of contiguous assembly districts, 4, 27, p. 114. assembly district not to be divided, 4, 27, p. 114. CONSOLIDATION OF MUNICIPAL GOVERN- MENTS—to be under general laws, 11, 7, p. 225. provisions applicable, 11, 7, p. 225. two boards of supervisors to be elected, 11, 7, p. Sens CONSTABLE —local and special acts prohibited, 4, 25, p. 99. CONSTITUTION—the supreme law, 1, 3, p. 5. provisions mandatory and prohibitory, 1, 22; p. 52. mode of amending, 18, 1, p. 337. mode of revision, 18, 2, p. 338. when it takes effect, 22, 12, Ly oes submission to vote of people, 22, 2, p. 361. CONTAGIOUS DISHASES—protection from, 19, 1, p. 340. CONTINGENT EXPENSES—of legislature, 4, 23, p. OL: CONTRACTOR—when not to receive extra compen- sation, 4, 32, p.° 119. CONTRACTS— obligations of not to be impaired, 1, 16, p. 41. taxation of, 138, 4, p. 308. existing not to be affected, 22, 1, p. 357. for sale of stocks on margin, void, 4, 26, p. 112, INDEX TO CONSTITUTION OF 1879. Dio CONTRACTS—to pay tax on loan or its security, void, Art. 13, See. 5, p. 311. for coolie labor, void, 19, 4, p. 342. of marriage, validity of, 20, 7, p. 347. CONTROLLER—subject to impeachment, 4, 18, p. 85. how chosen, 5, 17, p. 133. term of office, 5, 17, p. 133. compensation of, 5, 19, p. 134. a member ex officio of board of equalization, 13, 9, p. 313. to canvass returns of election on revision, 18, 2, p. 338. CONVENTION FOR REVISION—how and when formed 18, 2, p. 338. of what to consist, 18, 2, p. 338. delegates, when to meet, 18, 2, p. 338. constitution to be submitted to vote, 18, 2, p. 338. return and proceedings thereon, 18, 2, p. 338. executive to declare result, 18, 2, p. 338. majority required to ratify, 18, 2, p. 338. proclamation of governor, 18, 2, p. 338. legislature may provide for expenses of, 20, 19, p. 353. CONVICTION—for crime deprives privilege of an elector, 2, 1, p. 54. two-thirds of senate to concur on, 4, 17, p. 84. for embezzlement to disqualify for office, 4, 21, p. 88. for lobbying, disfranchises, 4, 35, p. 122. for offering bribe for election disqualifies for of- fice, 20, 10, p. 348. for bribery and forgery disfranchises, 20, 11, p. 348. so for malfeasance in office and for other high crimes, 20, 11, p. 348. reprieve and pardon after, 7, 1, p. 188. CONVICT LABOR—to be regulated by legislature, 10, 6, p. 206. excluded from right to office, 4, 21, p. 88. not to be let out by contract, 10, 6, p. 206. CONVICTS—deprived of right to vote, 2,.1, p. 54. cannot be restored to citizenship by special act, 4,25, p. 99. 574 INDEX TO CONSTITUTION OF 1879. COOLIE LABOR—contracts for void, Art. 19, Sec. 4 p. 342. COOLIEISM—a form of slavery, prohibited, 19, 4, p. 342. CO-OPERATIVE SOCIETIES—election of officers, 12) (12 Sp eho. CORPORATIONS—conditions precedent to appropria- tion of right of way, 1, 14, p. 31. when not to receive state appropriations, 4, 22, p. 88. cannot acquire rights by special legislation, 4, 25, p. 99. liability of cannot be released by special act, 4, 25, p. 99. sale of stock to be controlled by legislature, 4, 26, p. 112. state cannot subscribe for stock of, 4, 31, p. 116. rates of charges to be regulated, 4, 33, p. 121. cannot select persons to regulate charges for ser- vices and materials furnished, 4, 33, p. 121. to be formed under general laws, 12, 1, p. 270. laws creating may be altered or repealed, 12, 1, p. 270. dues to be secured by individual liability, 12, 2, p. 278. stockholder’s liability, 12, 3, p. 274. . term includes associations and joint-stock com- panies, 12, 4, p. 279. may sue and be sued, 12, 4, p. 279. where may be sued, 12, 16, p. 285. for banking purposes prohibited, 12, 5, p. 280. cannot circulate any but lawful money of’ the United States, 12,-5, p. 280. certain existing charters and franchises avoided, 125 Gaps 2s; existing charters hot to be extended, 12, 7, p. 280, nor can their forfeiture be remitted, 12, 7, p. 28v. not to injure rights of individuals or welfare of state, 12, 8, p. 281. to be subject to right of eminent domain, 12, 8, p. 281. police power over, not to be abridged, 12, 8, p. 281. ae limited to business authorized in charter, 12, 9, p. 281 INDEX TO CONSTITUTION OF 1879. 575 CORPORATIONS—restriction on tenure of real es- tate, Art. 12, Sec. 9, p. 281. not relieved from liability by lease or alienation, 12.710, p.-282. indebtedness not to be increased under special pact; 12,)11,. p. 282: restriction on issue of stock or bonds, 12, 11, D- 282. notice required on increase of stock, 12, 11, p. 282. voting at elections by stockholders, 12, 12, p. 283. -°. eumulative vote allowed, 12, 12, p. 283. or distributive vote, 12, 12, p. 283. exception as to co-operative societies, 12, 12, p. 283. state not to give or loan its credit to, 12, 138, p. 283. nor to subscribe to stock of, 12, 13, p. 283. to have office within state, 12, 14, p. 284. _ religious and benevolent societies excepted, 12, 14, p. 284. books, ete., to be open to inspection, 12, 14, p. 284. to contain certain entries, 12, 14, p. 284. foreign corporations not to be favored, 12, 15, p. 284. where may be sued, 12, 16, p. 285. place of trial may be changed, 12, 16, p. 285. rights and liabilities of transportation companies, 13, 17; ep286. officers of, restrictions on, 12, 18, p. 287. free passes to officials prohibited, 12, 19, p. 288. fares and freights to be regulated, 12, 20, p. 288. discrimination in charges forbidden, 12, 21, p. 289. forfeiture of franchise for illegal water rates, 14, 1p. 621, not to exclude right of way in harbors, 15, 2, p. 328. may be assessed for income tax, 13, 11, p. 320. -prohibited from employing Chinese, 19, 2, p. 341. penalty for introduction of coolie labor, 19, 4, p. 342. See Railroad Companies; Transportation Companies. CORRUPTING LEGISLATORS—a felony, 4, 35, p. 122, compulsory testimony in cases of, 4, 35, p. 122. 576 INDEX TO CONSTITUTION OF 1879. COUNTY-—right to share in appropriations, Art. 4, See. 22, p. 88. place of voting on organization, 4, 25, p. 99. not to be divided in forming congressional] dis- trict, 4, 27, p. 114. what appropriations by prohibited, 4, 30, p. 416. prohibited from loaning or giving its credit, 4, 31, p. 416. a subdivision of the state, 11, 1, p. 208. new counties, organization of, 11, 3, p. 208. liability for debts, on enlargement of, 11, 3, p. 208. governments of counties to be uniform, 11, 4, p. ZT, organization under townships, 11, 4, p. 211. legislature to establish system of governments, TAS 4a 2 ite boards of supervisors for, 11, 5, p. 213. municipal corporations controlled by general laws, 11,°6, p. 218. city and county governments, 11, 7, p. 225. compensation of officers of, 11, 9, p. 240. not to be released from state taxes, 11, 10, p. 241. may make local, police, and sanitary regulations, ad, 11, pices. power to levy taxes, 11, 12, p. 252. powers not to be delegated, 11, 13, p. 256. to appoint local inspection officers, 11, 14, p. 258. private property not liable for debts of, 11, 15, p. 258. moneys collected to be paid into treasury, 11, 16, D258. making profit out of public funds a felony, 11, 17, p. 259. restriction on power to incur debts, 11, 18, p. 259. provision to be made for payment of debts, 11, 1s: Reo, liabilities, when void, 11, 18, p. 259. property of exempt from taxation, 13, 1, p. 294. protection from alien paupers, ete., 19, 1, p. 340. COUNTY BOARDS OF EQUALIZATION—how con- stituted and duties of, 13, 9, p. 313. COUNTY CLERIKS—ex officio clerks of courts of record, 6, 14, p. 181. election and appointment of, 11, 5, p. 213. duties as to new constitution, 22, 6, p. 364. INDEX TO CONSTITUTION OF 1879. 577 COUNTY GOVERNMENTS—as existing, recognized, Art. 11, See. 1, p. 208. legislature to establish system of, Py ash alt. COUNTY OFFICEKRS—to be regulated by general laws, 4, 25, p. 99. legislature to provide for election of, 11, 5, p. 213. to pay county moneys into treasury, 11, 16, p. 258. making profit thereon, or using the same, a fel- ony, 11, 16, p. 258. duties as to return of votes on new constitution, 22, 8, p. 365. COUNTY SEATS—cannot be changed by special leg- islation, 4, 25, p. 99. proceedings for removal of, noe 2n) Dr ces two-thirds vote required, 11, 2, p. 208. proposition can be made but once in four years, 1k, 2, :208. COUNTY SUPERINTENDENTS election and quali- fication of, 9, 3,.p. 193. when to adopt as books, 9, 7, p. 196. COUNTY AND TOWNSHIP—business to be gov- erned by general laws, 4, 25, p. 99. COURT COMMISSIONERS—legislature may provide for, 6, 14, p. 181. and authorize to act at chambers, 6, 14, p. 181. to take depositions, etc., 6, 14, p. 181. allowed fees and perquisites, 6, 15, p. 181. COURT OF IMPEACHMENT-—6, 1, p. 187. COURTS—practice to be governed by general laws, 4, 25, 'p..t99: inferior, legislature may establish, 6, 1, p. 1387. except justices of the peace and police courts abolished, 22, 3, p. 361. records, books, ete., to be transferred to new eourts, 22, 3, p. 361. power and jurisdiction of new courts, 22, 3, p. 361. COURTS OF RECORD—what are, 6, 12, p. 180. county clerks as clerks of, 6, 1 oe 181. judge of not to practice law, 6, 22, p. 186. CREDIT OF STATE—local and special legislation prohibited, 4, 25, p. 99. Constitution—49 578 INDEX TO CONSTITUTION OF 1879. CREDIT OF STATE—not to be loaned, Art. 4, See. $1, p. 116; Art..12,.Sec. 1330.7 2s not to be given or loaned, 12, 18, p. 283. CREDITS—taxable, 13, 1, p. 294. . CREED—appropriations’ prohibited, 4, 30, p. 116. CRIME —offenses, how prosecuted, 1, 8, p. 10. impeachment of civil officers, 4, 18, p. 85. right of trial by jury, 1, 7). pic rights of party accused, 1, 18, p. 17. deprivation of right of suffrage on conviction for, 2, 1, p. 54. 1p laws to be made to exclude from office, juries, etc., persons convicted, 20, 11, p. 348. existing prosecutions for not affected, 22, 2, p. 361. CRIMINAL CASES—appellate jurisdiction of su- preme court, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. CRIMINAL PROSECUTION-—trights of accused, 1, 13... bas CRUEL AND UNUSUAL PUNISHMENTS—prohib- TULCG, ve Op Donte CULTIVATED LANDS—and uncultivated, how as- sessed, 138, 2, p. 308. CUMULATIVE VOTE—may be cast by stockholder, TEI fF Oe coo DAMAGE-—not to be done for public use without compensation, 1, 14, p. 31. DAMAGES—recoverable for excessive charges for fares and freights, 12, 22, p. 289. DAY’S WORK—on public works eight hours, 20, 17, p. 352. DEATH —of governor, lieutenant-governor to act, 5, 1G, Sp Agiaa: DEBTS—to be deducted from credits in assessments, unless due to foreign creditor, 138, 1, p. 294. See State Indebtedness. DEBTS OF STATE—limitation to creation of, 16, 1, p. 330. DECLARATION OF RIGHTS—1, 1, p. 2. DEEDS—cannot be. validated by special legislation, 4, 25, p. 99. of trust, taxation of, 138, 4, p. 308. FF INDEX TO CONSTITUTION OF 1879. 579 DEFALCATION—in office a disqualification, Art. 4, Sec. 21, p. 88. DELEGATES—to convention for revision of consti- tution, 18, 2; p. 338. legislature may provide for payment of, 20, 19, p. 353. DELEGATION OF POWERS—of taxation to munic- ipal corporations, 11, 12, p. 252. to remove Chinese, 19, 4, p. 342. DENOMINATIONAL SCHOOLS—to receive no pub- lic money, 9, 8, p. 199. DEPARTMENTS—of government, 3, 1, p. 61. of supreme court, 6, 2, p. 139. each empowered to hear and determine, 6, 2, p. 139. three justices necessary to transact business, 6, 2, p. 139. their concurrence necessary to judgment, 6, 2, p. 339. judgment not final till expiration of thirty days, 6, 2;. p. 339. DEPOSITIONS—legislature to provide for taking, 1, 13, p. 17. DEPRIVING OF LIFH, LIBERTY OR PROPERTY —1, 13, p. 17. DESCENT~—special legislation prohibited, 4, 25, p. 99... DIFFUSION OF KNOWLEDGE—to be encouraged, 9,.1, p. 192. DIRECTORS OF CORPORATIONS—mode of elec- Hon 01,712,012, piv 283: right of stockholders to cumulate votes, 12, 12, p. 2838. jointly and severally liable for embezzlement of employees, 12, 3, p. 274. DISABILITY—for office on conviction for embezzle- ment or defaleation, 4, 21, p. 88. of governor, lieutenant-governor to act, 5, 16, p. 132. by dueling, 20, 2, p. 344. laws to be passed to exclude convicted persons from office, juries, etc., 20, 11, p. 348. DISAPPROVAL OF BILLS—by governor, 4, 16, p. 82. 580 INDEX TO CONSTITUTION OF 1879. DISCRIMINATION—in fares and freights prohibi- ted, Art. 12, Sec. 21, p. 289. DISFRANCHISEMENT —of legislator for accepting reward or bribe, 4, 35, p. 122. for dueling, 20, 2, p. 344. DISQUALIFICATION—of members of. legislature for offenses, 4, 19, p. 86. of certain officers to hold office, 4, 20, p. 87. by embezzlement and defaleation, 4, 21, p. 88. on conviction for offering bribes, 20, 10, p. 348. by offering bribe to voters, 20, 10, p. 348. sex, as to business pursuits not to create, 20, 18, Do o0c. of members of corporations for certain offices, 4, ba, pe Jel: by receiving bribe, 4, 35, p. 122. of lieutenant-governor for other offices, 5, 15, p. tei DISTRIBUTION OF POWERS—of government, 3, 1, DAG DISTRIBUTIVE VOTE—on election of officers of corporations, 12, 12, p. 2838. DISTRICT ATTORNEYS—legislature to provide for election of, 11, 5, p. 218. DISTRICT COURTS—See Superior Courts. DISTRICTING STATE—for representation, 4, 6, p. 75. for railroad purposes, 12, 22, p. 289. DIVISION OF COUNTY—congressional districts, 4, 27, p. 114. DIVORCES—special legislation prohibited, 4, 25, p. 99. original jurisdiction of superior courts, 6, 5, p. 213. DONATION—in aid of religious institutions prohibi- ted, 4, 30, p. 116. DUE PROCESS OF LAW—what is, p. 24. DUELING—disfranchisement for, 20, 2, p. 344. DUES—from corporation to be secured by law, 12, De Yikes individual liability of stockholders, 12, 3, p. 274. liability of trustees, 12, 3, p. 274. liability to taxation, 18, 1, p. 294. INDEX TO CONSTITUTION OF 1879. 581 DUTIES—of departments to be distinct, Art. 3, Sec. pe G1. of state officers, 5, 18, p. 154. of clerk of supreme court, 6, 14, p. 181. of railroad commissioners, 12, 22, p. 289. of boards of equalization, 13, 9, p. 315. EDUCATION—diffusion of knowledge to be encour- aged, 9, 1, p. 192. superintendent of public instruction, 9, 2, p. 193. county superintendents, 9, 3, p. 193. school funds, how applied, 9, 4, p. 193. common school system, 9, 5, p. 194. system, what to include, 9, 6, p. 195. who to adopt text-books, 9, 7, p. 196. sectarianism prohibited, 9, 8, p. 199. university fund, 9, 9, p. 199. See Common Schools; University. ELEEMOSYNARY INSTITUTIONS ALONE CAN ENJOY PERPETUITIES—29, 9, p. 348. ELECTIONS—who may vote at, 2, 1, p. 54. who not entitled to vote, 2, 1, p. 54. privilege from arrest on days of, 2, 2, p. 57. exemption from militia duty, 2, 3, p. 59. residence, how lost, 2, 4, p. 59. to be by ballot, 2, 5, p. 60. of members of legislature, 4, 3, p. 73. of county officers, local acts prohibited, 4, 25, p. “OO. and place of voting to be regulated by general laws, 4, 25, p. 99. by legislature to be viva voce, 4, 28, p. 115. each house to judge of election and return of its members, 4, 7, p. 77. to be conducted under general laws, 4, 25, p. 99. of governor, when and how, 5, 2, p. 125. of lieutenant-governor, 5, 15, p. 1381. of state officers, 5, 17, p. 133. of justices of supreme court, 6, 3, p. 143. of judges of superior court, 6, 6, p. 170. of superintendent of public instruction, 9, 2, p. 193. . of supervisors of consolidated city governments, ty 7, DE - 225. 582 INDEX TO CONSTITUTION OF 1879. ELECTIONS—term and classification of, Art. 11, See. igy ene for ratification of city charter, 11, 8, p. 227. of amendment to charter, 11, 8, p. 227. of officers of agricultural society, 12, 11, p. 282. of directors and trustees of corporations, 12, 12, p. 283. cumulative vote by stockholders, 12, 12, p. 283. or distributive vote, 12, 12, p. 283. manner of voting of co-operative societies, 12, 12, D. coor of railroad commissioners, 12, 22, p. 289. of state board of equalization, 13, 9, p. 313. to be held on creation of state debt, 16, 1, p. 330. on amendment to constitution, 18, 1, p. 337. on revision of constitution, 18, 2, p. 338. of officers created by legislation, 20, 4, p. 346. offering bribe for a disqualification for office, 20, 10, p. 348. to be regulated by laws, 20, 11, p. 348. plurality vote constitutes a choice, 20, 13, p. 349. for state officers, what years to be held, 20, 20, p. 353. time and manner of elections of judicial. and school officers, 22, 10, p. 366. ELECTION OFFICERS—to be governed by general laws only, 4, 25, p. 99. ELECTOR—property qualification not to be required, 1, 24, D. Dax who disqualified to vote, 2, 1, p. 54. privilege from arrest, 2, 2, p. 57. from militia duty, 2, 8, De 59. residence, how not lost, 2, 4, p. 59. eRe eT member of legislative pane 4, 4, p. for les of governor, 5, 3, p. 125. of lieutenant-governor, 5, 15, p. 181. for judicial offices. 6, 23, p. ee for railroad commissioner, 12, 289. EMBEZZLEMENT—to deprive of Sennen elec- tor, 2, 1, p. 54. a disqualification to office, 4, 21, p. 88. . a felony, 4, 21, p. 88. directors and trustees liable for, 12, 3, p. 274. INDEX TO CONSTITUTION OF 1879. 583 EMINENT DOMAIN—exercise of powers, Art. 1, Sec. 14, p. 31. compensation to be first secured, 1, 14, p. 31. damage to property, a taking, 1, 14, p. 31. corporations subject to right of, 12, 8, p. 281. right of, not to be abridged on grants of corpo- rate franchise, 12, 8, p. 281. franchises subject to right of, 12, 8, p. 281. right extends to all frontages on navigable wa- ters, 15, 1, p. 328. EMPLOYMENT —corporations prohibited from em- ploying Chinese, 19, 2, p. 341. Chinese not to be employed on public works, 19, 3, p. 341. ENACTING CLAUSH—of statutes, 4, 1, p. 67. ENDOWMENT —of university, 9, 9, p. 199. ENGLISH—the sole language for publication of pub- lic writings, ete., 4, 24, p. 92. ENJOYMENT OF PROPERTY-—trights of foreign- ers, 1, 17, p. 48. ENUMERATION OF RIGHTS—not to affect others reserved, 1, 23, p. 53. HQUITY—appellate jurisdiction of supreme court, 6, 4, p. 144. original jurisdiction in superior court, 6, 5, p. 154. ESTATES OF DECEASED—local and special acts prohibited, 4, 25, p. 99. when to go into school funds, 9, 4, p. 193. EVENING SCHOOLS—may be established, 9, 6, p. 195. EVIDENCE—in cases of libel, 1, 9, p. 11. what necessary to convict of treason, 1, 20, p. 50. in cases of bribery and corrupt solicitation, 4, 35, p. 122. “ EXAMINATION OF TEACHERS—under control of local boards, 9, 7, p. 196. EXCESSIVE BAIL OR FINES—cannot be required nor imposed, 1, 6, p. 195. EXCLUSIVE RIGHTS—cannot be granted by spe- cial statute, 4, 25, p. 99. EXCURSION AND COMMUTATION TICKETS—at special rates, 12, 21, p. 289. 584 INDEX TO CONSTITUTION OF 1879. EXECUTIVE—a department of government, Art. 3, Sec. 1, p. 61. power vested in a governor, 5, 1, p. 124. business of, 5, 6, p. 126. to see laws executed, 5, 7, p. 126. to fill vacancies in office, 5, 8, p. 126. state officers, election and term of, 5, 17, p. 133. compensation of, 5, 19, p. 134. proceedings to be published in Hnglish only, 4, 24, p. 92. secretary of state to keep records of, 5, 18, p. 134. duty of on return of election on revision of con- stitution, 18, 2, p. 338. See Governor. EXECUTIVE OFFICER—oath to be taken by, 20, 3, p. 345. EXEMPLARY DAMAGES—on extortion in charge of fares and freights, 12, 22, p. 189. EXEMPTIONS—from taxation, special acts prohib- ited, 4, 25, p. 99. what property is, 13, 1, p. 294. property used for religious worship, 13; 114, p 307. property of Leland Stanford Junior University, 9, 10, p. 201. property of California School of Mechanical Arts, Os pile Dees fruit and nut-bearing trees, 13, 1234, p. 320. from poll tax, who is, 138, 12, p. 320. of executive officer from process, 5, 6, p. 126. of homestead from forced sale, 17, 1, p. 333. EXPENDITURES—to be published with the laws, 4, 22, p. 88. EXPENSES OF CONSTITUTIONAL CONVEN- TION—provision for, 20, 19, p. 353. EX POST FACTO LAWS—prohibited, 1, 16, ‘p. 41. EXPULSION OF MEMBER--power of legislature, 4,9, pe 79. EXTENSION OF TIME FOR COLLECTION OF TAX~—special acts prohibited, 4, 25, p. 99. EXTINGUISHMENT OF DEBT OR LIABILITY— special acts prohibited, 4, 25, p. 99. INDEX TO CONSTITUTION OF 1879. 585 EXTORTION—in fares and freights, penalty for, Art. 12, Sec. 22, p. 289. EXTRA COMPENSATION TO PUBLIC OFFICERS PROHIBITED~4, 32, p. 119. EXTRA SESSIONS OF LEGISLATURE—how con- vened, 4, 2, p. 73. on extraordinary occasions, 5, 9, p. 130. FARES AND FREIGHTS—power to regulate in gov- ernment, 12, 20, p. 288. | when lowered cannot be raised without its con- sent, 12, 20, p. 288. discrimination in charges prohibited, 12, 21, p. 289. exception as to certain tickets, 12, 21, p. 289. to be regulated by a commission, 12, 22, p. 289. to be published from time to time, 12, 22, p. 289. damages for excessive charges, 12, 22, p. 289. See Railroad Commission. FEDERAL CONSTITUTION—the supreme law, 1, 3, p. 5. distinguished from state constitution, p. vii. FEDERAL OFFICHR—not eligible to state civil of- fice, 4, 20, p. S87. not eligible to office of governor, 5, 12, p. 131. FEES AND PERQUISITES OF OFFICE ABOL- ISHED—5, 19, p. 134. prohibited to judicial officers, 6, 15, p. 181. exception, justices of peace and court commis- sioners, 6, 15, p. 181. FEES AND SALARIBS—local and special legisla- tion prohibited, 4, 25, p. 99. FELONY—lobbying declared to be, 4, 35, p. 122. embezzlement of public funds, 4, 21, p. 88. public officers using or making profit out of pub- lic moneys, 11, 17, p. 259. legislator influenced by promise of reward, 4, 35, p2122: original jurisdiction of superior court, 6, 5, p. 154. FERRIES—cannot be chartered or licensed by spe- cial acts, 4, 25, p. 99. FICTITIOUS INCREASE OF STOCK ISSUE—Vvoid, 12, 11, p. 282. 586 INDEX TO CONSTITUTION OF 1879. FINES—excessive not to be imposed, Art. 1, See. 6, DG cannot be remitted by special legislation, 4, 25, p. 99. imposed for ee charge for fares and freights, 12, 22, p. 389. already due a pea by adoption of new con- stitution, 22,12, povaGle FISCAL YEHAR—to commence on ist of July, 20, 5, p. 346. FLAGS—authorized to be carried by militia, 8, 2, p. 191. FORCIBLE ENTRY AND DETAINER—appellate jurisdiction in, 6, 4, p. 144. original jurisdiction, 6, 5, p. 154. concurrent jurisdiction of justices of the peace, Gia, MDa kero. FOREIGNERS-rights of enjoyment of property, 1, 17, p. 48. presence of certain, to be discouraged, 19, 4, p. 342. FOREIGN CORPORATION—not to be favored, 12, 15, p. 284. FORFEITURE—cannot be remitted by special acts, 4, 25, p. 99. of franchise by water companies, 14, 1, p. 321. of office for taking free passes on railroads, 12, 19, p: 288. of railroad franchise, legislature may provide for;.412; 22; pz. 289. of existing franchises not to be remitted, 12, 7, p. 280. FORGERY—conviction for, a disfranchisement, 20, 11, p. 348. FORM—of oath of office, 20, 3, p. 345. FRANCHISE—exclusive privileges, special legisla- tion prohibited, 4, 25, p. 321. those not fully organized and in business invyal- id, 12, 6, p. 280. not to be extended, 12, 7, p. 280. nor forfeitures remitted, 12, 7, p. 280. subject to right of eminent domain, 12, 8, p. 281. lease or alienation not to relieve from liability, 12, 10, p.. 282. as property liable to taxation, 13, 1, p. 294. INDEX TO CONSTITUTICN OF 1879. 587 FRANCHISE—power of taxation not to be surren- dered in grant of, Art. 18, Sec. 6, p. 312. legislature may provide for forfeiture of, 12, 22, p. 389. taxable, 138, 1, p. 294. assessment of for taxes, 13, 10, p. 318. water rights, when forfeited, 14, 1, p. 321. right to compensation for water supply a fran- chise, 14, 2, p. 326. FRAUD—as ground for imprisonment for debt, 1, 15, p. 41. FREE AND INDEPENDENT—all men are, 1, 1, p. 2 FREE ASSEMBLAGES—guaranteed, 1, 10, p. 12. FREE NAVIGATION—in harbors, 15, 2, p. 828. over tide lands, 15, 3, p. 828. FREE PASSES-—-on railroads, prohibitions as to, 12, 19, p. 288. . acceptance to work forfeiture of office, 12, 19, p. 288. FREE SCHOOLS—to be kept up in each district, 9, 5, p. 194. for six months in the year at least, 9, 5, p. 194. FREE SUFFRAGE—privilege to be protected by law, 20, 11, p. 348. FREEDOM AND - INDEPENDENCE — declaration Or Lad pe 2. FREEDOM OF SPEECH AND OF THE PRESS— to be preserved, 1, 9, p. 11. FREEHOLDERS—See Board of Freeholders. FRONTAGHS ON NAVIGABLE WATERS—power _ of state over, 15, 1-3, p. 328. FRUIT AND NUT-BEARING TREES—exempt from taxation, 13, 12%, p. 320. GAS AND WATEHR-right of cities to regulate charges, 11, 19, p. 265. GAS CORPORATIONS—legislation to regulate charges, 4, 33, p. 121. right to introduce light in cities, 11, 19, p. 265. right of cities to regulate charges, 11, 19, p. 265. may use streets for laying down pipes, 11, 19, p. 265. 588 INDEX TO CONSTITUTION OF 1879. GENERAL APPROPRIATION BILL—restrictions as: to; Art. 4, Sec..29, p. 115: GENERAL LAWS—to have a uniform operation, 1, 11; p. 18. what are, pp. 103, 223. GIFT ENTERPRISES—prohibited, 4, 26, p. 112. GOVERNMENT —purpose of institution of, 1, 2, p. 5. right to alter or reform, 1, 2, p..5. powers, how distributed, 3, 1, p. 61. GOVERNOR—may convene legislature by proclama- tion, 4, 2, p. 73. to issue writs of election to fill vacancy in legis- lature, 4, 12, p. 89. to approve all laws, 4, 16, p. 82. may veto separate items in appropriation bill, 4, 16; p. 82. duty on return of bill with objections, 4, 16, p. 82. ; subject to impeachment, 4, 18, p. 85. supreme executive power, vested in, 5, 1, p. 124. when and how elected, 5, 2, p. 125. term of office, 5, 2, p. 125. eligibility and qualification to office, 5, 3, p. 125. return of election of, 5, 4, p. 125. when legislature to elect, 5,.4, p. 125. commander in chief of militia, 5, 5, p. 126. to transact all executive business, 5, 6, p. 126. may require information from officers, 5, 6, p. 126. to see that laws are executed, 5, 7, p. 126. when to fill vacancy in office, 5, 8, p. 126. when may convene legislature by proclamation, Doe oes, to communicate to legislature at every session, 5, 10, p. 130. to adjourn legislature in certain contingencies, 5, tT) pesos disability to hold other office, 5, 12, p. 131. to keep seal of state, 5, 18, p. 181. to seal and sign public grants and commissions, 5, 14, p.ol8h who to act in case of impeachment, 5, 16, p. 182. ’ INDEX TO CONSTITUTION OF 1879. 589 GOVERNOR—absence not to affect right as com- mander-in-chief, Art. 5, Sec. 16, p. 132. compensation of, 5, 19, p. 134. ineligible for United States senator during term, 5, 20, p. 135. to fill vacancy in justices of supreme court, 6, 3, p. 1438. term of appointee, 6, 3, p. 143. to fill vacancy in superior judgeship, 6, 6, p. 170. may recommend removal of judicial officer, 6, 10, p. 175. to grant reprieves, pardons, ete., 7, 1, p. 188. duty in cases of treason, 7, 1, p. 188. to communicate such grants to legislature, 7, 1, p. 188. restriction on pardoning power, 7, 1, p. 188. to commission officers of militia, 8, 1, p. 190. may call out militia to execute laws, 8, 1, p. 190. to appoint board of prison directors, 10, 1, p. 204. when may remove them, 10, 1, p. 204. to fill vacancy in railroad commission, 12, 22, p. 289. to canvass returns on revision of constitution, 18, 2G De. oOo. to give notice of election for adoption of new constitution, 22, 4, p. 363. duty on return of vote thereon, 22, 9, p. 365. GRAND JURY—to be drawn at least once a year, 1, 8, p. 10. local and special legislation prohibited, 4, 25, p. 99. GRANTS—prohibited to institutions not under state control, 4, 22, p. 88. of rights and privileges, special acts prohibited, 4, 25, p. 99. in and of religious institutions prohibited, 4, 30, Dodki 6, to be sealed and signed by governor, 5, 14, p. 131. existing grants, when invalid, 12, 6, p. 280. not to be extended, 12, 7, p. 280. power of taxation not to be surrendered, 13, 6, p. 312. of land, restriction as to, 17, 3, p. 334. Constitution—50 590 INDEX TO CONSTITUTION OF 1879. GRAVEYARDS-—special legislation prohibited, Art. 4, Sec.: 25, p. 99. GREAT SEAL OF STATE —5, 13, p. 181. GROWING CROPS—exempted from taxation, 138, 1, p. 294. HABEAS CORPUS—privilege of writ not to be sus- pended, except, 1, 5, p. 7. justice may issue, returnable in his discretion, 6, 4, p. 144. judges of superior court may issue, 6, 5, p. 154. HARBOR —frontages’ on navigable waters, power of state over, 15, 1, p. 328. subject to right of eminent domain, 15, 1, p. 328. obstructions to navigation prohibited, 15, 2, p. 328. frontages withheld from grant or sale, 15, 3, p. 328. ; HEALTH--legislature to provide for a state board of health, 20, 14, p. 349. HIGH CRIMES—impeachment for, 4, 18, p. 85. conviction for, a disfranchisement, 20, 11, p. 348. HIGH SCHOOLS—may be established by legisla- ture, 9, 6, p. 195. HIGHWAYS—local and special legislation prohibi- ted, 4, 25, p. 99. HOMESTEAD—exemption from forced sale, 17, 1, p. 333. HOSPITALS—not under state control, appropria- tions prohibited, 4, 22, p. 88. HOUSES OF LEGISLATION—in certain cities, 11, Meeps awe HUSBAND AND WIFE—separate property to each secured, 20, 8, p. 347. HYPOTHECATION BY MINOR-—special legislation prohibited, 4, 25, p. 99. IDIOT—cannot be an elector, 2, 1, p. 54. exempt from poll tax, 18, 12, p. 320. IMMIGRATION OF CHINESE—to be discouraged, 19, 4, p. 342. IMMUNITIES—of citizens, 1, 21, p. 51. to corporations, special legislation prohibited, 4, 25, > Di 99. INDEX TO CONSTITUTION OF 1879. 591 IMMUNITIES—soldiers not to be quartered on citi- zens, Art. 1, Sec. 12, p. 17. from being twice put in jeopardy, 1, 13, p. 17. from ioss or damage to property, 1, 14, p. 31. from imprisonment for debt, 1, 15, p. 41. pee eee of legislature from arrest, 4, 11, p. 0. IMPAIRING—obligation of contract, laws _ prohibi- ; ted, 1, 16, p. 41. IMPANELING JURIES—special and local acts pro- hibited, 4, 25, p. 99. Beno jury to be drawn at least once a year, 1, Y re0. IMPEACHMENT —assembly sole power of, 4, 17, p. 84. trial by senate, 4, 17, p. 84. state officers subject to, 4, 18, p. 85. senate as court of, 6, 1, p. 187. lieutenant-governor, when to act as governor, 5, tomper 182, IMPOSTS—appellate jurisdiction of supreme court, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. IMPRISONMENT—for debt not allowed, except, 1, 15, p. 41. of railroad official for excessive charges, 12, 22, p. 289. IMPROVEMENTS—of city streets, 11, 19, p. 265. INALIENABLE RIGHTS—1, 1, p. 2. INCOME TAXES—legislature may provide for, 13, 11, p. 320. INCREASE IN PER DIEM AND MILEAGE OF LEGISLATORS PROHIBITED ~4, 23, p. 91. INDEBTEDNESS OF CORPORATIONS—special acts for relief prohibited, 4, 25, p. 99. of municipal corporations, provisions for pay- ment of, 11, 18, p. 259. when void, 11, 18, p. 259. of state, restriction on power of legislature, 16, 1, p. 3380. INDICTMENT —offenses may be prosecuted by, 1, 8, p. 10. 592 INDEX TO CONSTITUTION OF 1879. INDICTMENT —for libel, where to be tried, Art. 1, Sec. 9, p. 11. pending, unaffected by adoption of new constitu- tion, 22, 2p. POG. INDIGENT PERSONS—state care over, 4, 22, p. 88. INELIGIBILITY—to office of governor, 5, 12, p. 1381. of governor for United States senate, 5, 20, p. 135; INFECTIOUS DISEASES—protection from, 19, 1; p. 340. INFERIOR COURTS—may be established by legis- lation, 6, 1, p. 1387. jurisdiction to be fixed by law, 6, 13, p. 180. powers, duties, and responsibilities, 6, 13, p. 480. INFORMATION—offenses may be prosecuted Dyssi;' <* SoD: al Or for libel, where to be tried, 1, 9, p. 11. pending. unaffected by adoption of new constitu- tion, 22, 2, p. 361. from state officers to executive department, 5, 6, pri 2G INHERITANCE-—rights of foreigners, 1, 17, p. 48. INJUNCTION—may be served on holidays and non- judicial days, 6, 5, p. 154. INJURY TO PROPERTY—compensation to be made, Pars Died: INSANE PERSONS—cannot be electors, 2, 1, p. 54. exempt from poll tax, 13, 12, p. 320. INSOLVENCY—appellate jurisdiction in supreme court, 6, 4, p. 144. original jurisdiction in superior courts, 6, 5, p. 154. INSPECTION OFFICERS—to be appointed by mu- nicipalities, 11, 14, p. 258. INSTALLMENTS—payment of taxes in, 138, 7, p. 312. INSTITUTIONS NOT UNDER STATE CONTROL— appropriations prohibited, 4, 22, p. 88. INSTRUCTIONS—certain improper, 6, 19, p. 183. certain proper, 6, 19, p. 185. Ee Eee COR a Gna be validated by special acts, 4, 25, p. 99. INSURRECTIONS—power of governor to suppress, S, un Dabo authority to contract debts, 16, 1, p. 330. INDEX TO CONSTITUTION OF 1879. 593 INTELLECTUAL IMPROVEMENT—to be encour- aged, Art. 9, See. 1, p. 192. INTEREST—to be regulated by general laws only, 4, 25, p. 99. on state debt, provision to be made for, £6G,-1, p. 330. INTERPRETATION—of state constitution, p. vii. of terms in, p. vii. eee Pension of writ of habeas corpus, 1, 7 * power of governor to repel, 8, 1, p. 190. authority to contract debts, 16, 1, p. 330. INVOLUNTARY SERVITUDE PROHIBITED—1, 18, p. 50. ISSUANCE—of corporation stock, 12, 11, p. 282. ITEMS—in general appropriation bill, 4, 29, p. 115. JEOPARDY—no person to be twice put in, 1, 13, p. 17. JOINT-STOCK COMPANIES— included in term “‘cor- poration,” 12, 4, p. 279. liability of stockholders, 12, 3, p. 274. may be assessed for income taxes, 13, 11, p. 320. JOINT AND SEVERAL—liability of stockholders, 12, oe. 2tA. JOURNAL—each house to keep, 4, 10, p. 79. ayes and noes on final passage of bills, 4, 15, p. 81. disapproval of governor to be entered on, 4, 16, p. 82. votes on elections to be entered on, 4, 28, p. 115. ayes and noes on removal of justices, etc., to be entered, 6, 10, p. 175. on proposed amendments to be entered, 18, 1, p. 337. JUDGES—of superior court subject to impeachment, 4, 18, p. 115. to be elected for each superior court, 6, 6, p. 170. may apportion business among themselves, 6, 7, p. 178. : may hold court in any county, 6, 8, p. 174. pro tempore, when may try case, 6, 8, p. 174. legislature may grant leave of absence, 6, 9, p. 174. 594 INDEX TO CONSTITUTION OF 1879. JUDGES—number of may be increased, Art. 6, See. 2, De hid. may be removed by legislature, 6, 10, p. 175. cause to be entered on journal, 6, 10, p. 175. of inferior courts, powers, duties, and responsi- bilities, 6, 138, p. 180. not to receive fees or perquisites, 6, 15, p. 181. compensation of, 6, 17, p. 182. ineligible to other office during term, 6, 18, p. 183. not to charge juries as to matters of fact, 6, 19, p. 183. . prohibited from practicing law, 6, 22, p. 186. who ineligible to office of, 6, 23, p. 186. affidavits on drawing salary, 6, 24, p. 187. JUDGMENT—on impeachment, extent of, 4, 18, ». SD. not to bar trial according to law, 4, 18, p. 85. concurrence of supreme justices necessary, 6, 2, p: 1359; vacated by order for rehearing in bank, 6, 2, p. 139. when final, 6, 2, p. 1389. concurrence of four justices, when necessary, 6, ZEDueboul all decisions to be in writing, 6, 2,'p. 139. of superior court, effect of, 6, 6, p. 170. JUDICIAL—a department of government, 3, 1, p. 61. powers, where vested, 6, 1, p. 187. supreme court, organization of, 6, 2, p. 139. election of justices, 6, 3, p. 1438. jurisdiction of supreme court, 6, 4, p. 144. jurisdiction of superior court, 6, 5, p. 154. superior court, how constituted, 6, 6, p. 170. . apportionment of business among judges, 6, 7, Dp. 173, judges may hold court in other county, 6, 8, p. 174. legislature may grant leave of absence, 6, 9, p. 174. “may be removed from office, 6, 10, p. 175. justices of the peace for cities and townships, 6, 2, p. 189. what are courts of record, 6, 12; p. 180. jurisdiction of inferior courts, 6,°13, p. 180. INDEX TO CONSTITUTION OF 1879. 595 JUDICIAL—clerks and court commissioners, Art. 6, Sec. 14, p. 181. fees and perquisites, to whom forbidden, 6, 15, Dp. 181. supreme court opinions to be published, 6, 16, p. 182. compensation of justices and judges, 6, 17, p. 182. justices and judges ineligible to other office, 6, 18, p. 183. judges not to charge jury on matters of fact, 6, 19, p. 183. style of process, 6, 20, p. 185. reporter of supreme court to be appointed, 6, 21, p. 186. judges not to practice law, 6, 22, p. 186. eligibility of justices and judges, 6, 23, p. 186. condition precedent. to drawing salary, 6, 24, p. 187. JUDICIAL DECISIONS—publication of, 6, 16, p. 182. JUDICIAL NOTICE—to be taken of corporation charters, 11, 8, p. 227. JUDICIAL OFFICER—absence, when a forfeiture of office, 6, .9, p. 174. removal of, 6, 10, p. 175. prohibited from receiving fees and perquisites, G10; Pp. 181. oath to be taken by, 20, 3, p. 345. JUDICIAL POWER—where vested, 6, 1, p. 137. of railroad commissioners, 12, 22, p. 289. JUDICIAL PROCHEDINGS—to be published in English only, 4, 24, p. 92. JURIES—local and special legislation prohibited, 4, 25;).D:° 99. not to be charged as to matters of fact, 6, 19, p. 183. JURISDICTION—of inferior courts, local and special acts prohibited, 4, 25, p. 99. of supreme court, 6, 4, p. 144. of superior court, 6, 5, p. 154. of justices’ courts, 6, 11, p. 175. of courts under new constitution in cases trans- ferred, 22, 3, p. 361. JUROR—no religious restriction, 1, 4, p. 6. exclusion, for bribery, forgery, etc., 20, 11, p. 348. 586 INDEX TO CONSTITUTION OF 1879. JURY—in civil cases and misdemeanors number may be agreed on, Art. 1, See. 7, p. 8. right of trial by, secured, 1, 7, p. 8. trial by, may be waived by consent, 1, 7%, p. 8. three-fourths may render verdict, 1, 7, p. 8. to determine law and fact in libel cases, 1, 9, p. ile to ascertain compensation on condemnation, 1, 140 De ols not to be charged as to matters of fact, 6, 19, p. 183. See Trial by Jury. JUSTICES OF THE PEACE—local and special leg- islation prohibited, 4, 25, p. 99. invested with judicial powers, 6, 1, p. 137. number to be fixed by legislature, 6, 11, p. 175. concurrent jurisdiction in forcible entry and de- tainer, 6, 11, p. 175. and in foreclosure of liens in certain cases, 6, 11, p. 175 allowed ‘fees and perquisites, 6, 15, p. 181. courts not abolished by new constitution, 22, 3, p. 361. JUSTICES OF SUPREME COURT —powers and duties of, 6, 2, p. 1389. election of, 6, 3, p. 148. authority to issue writs, 6, 4, p. 144. removal from office, 6, 10, p. 175. compensation of, 6, 17, p. 182. ineligible to other office during term, 6, 18, p. 183. to appoint reporter, 6, 21, p. 186. not to practice law, 6, 22, p. 186. who not eligible to office of, 6, 23, p. 186. attidavit to be taken on drawing salary, 6, 24, p. 187. JUSTICES AND JUDGES—may be removed by con- current resolution, 6, 10, p. 175. causes of removal to be entered on journal, 6, 10, Dit: ayes and noes to be entered, 6, 10, p. 175. ineligible to other office, 6, 18, p. 183. who eligible to office of, 6, 23, p. 186. compensation of, 6, 17, p. 182. not to draw salary, unless, ete., 6, 24, p. 187. INDEX TO CONSTITUTION OF 1879. 597 LABOR—liens secured on property, Art. 20, Sec. 15, p. 349. eight hours to constitute a day’s work on public Works. 20, 17, p.- aoc. LAND AND HOMESTEAD EHXEMPTION—I17, 1, p. LAND MONOPOLY TO BE DISCOURAGED—17, 2, p. 334. LANDS—to be assessed separate from improve.-. ments, 13, 2, p. 308. of same quality and similarly situated to be as- sessed at same value, 18, 2, p. 308. sectionized, how assessed, 13, 3, p. 308. not sectionized, legislature to provide for, 13, 3, p. 308. fronting on harbor, estuary, bay, etc., withheld from sale, 15, 3, p. 328. holding large oe uncultivated is against pub- lic policy, 17, 2, p. 334. belonging to state to be granted to actual set- tlers only, 17, 3, p. 334: LANGUAGE—laws, official writings, ete., to be pre- served and published in English only, 4, 24, p. 92. LAWS—to have uniform operation, 1, 11, p. 138. bills of attainder and ex post facto laws prohibi- ted?) 1,-16;. pr 41. or law impairing obligations of contract, 1, 16, p. 41. enacting clause, 4, 1, p. 67. to be passed by Dill only, 4, 15, p. 81. a majority of members necessary to pass, 4, 15, DaAsic! .> must be presented to governor for approval, 4, 16, p. 82. how passed over governor’s veto, 4, 16, p. 82. how become laws without approval, 4, 16, p. 82. to be accompanied by statement of. receipts and expenditures, 4, 22, p. 88. governor to see them faithfully executed, 5, p. 126. to embrace but one object, etc., 4, 24, p. 92. how revised and amended, 4, 24, p. 92. to be published in English only, 4, 24, p. 92. 598 INDEX TO CONSTITUTION OF 1879. LAW S—local and special acts on enumerated subjects prohibited, Art. 4, Sec. 25, p. 99. creating municipal corporations may be altered or repealed, 11, 6, p. 218. existing what to remain in force, 22, 1, p. 357. relating to judicial system in force till changed by legislature, 22, 1, p. 357. LEASE OF FRANCHISE—not to relieve from lia- bility, 12, 10, p. 282. LEAVE OF ABSENCHE—to judicial ‘officers, Ge: OUFD: 174. LEGAL DAY’S WORK—20, 17, p. 352. LEGAL HOLIDAYS—certain writs may be served on, 6, 5, p. 154. LEGALIZING OFFICIAL ACTS—by special laws prohibited, 4, 25, p. 99. LEGISLATURE—to provide for taking depositions, Briss pALlG power to revoke special privileges and immuni- ties, 1, 21, p. 51. a department of government, 3, 1, p. 61. of what composed, 4, 1, p. 67. power vesied in senate and assembly, 4, 1, p. 67. limitation of time for introduction of bills, 4, 2, Dia sessions to be biennial, 4, 2, p. 73. members, when and how elected, 4, 3, p. 73. term of office, 4, 4, p. 74. senators, when and how chosen, 4, 4, p. 74. senate, of what composed, 4, 5, p. 74. number of senators and of representatives, 4, 5, p. 74. senatorial and assembly districts, 4, 6, p. 75. each house to choose its officers, 4, 7, p. 77. and judge of election of its members, 4, 7, p. 77. majority to constitute a quorum, 4, 8, p. 78. each house to determine rules of proceedings, 4, oy p19. two-thirds required to expel a member, 4, 9, p. (9. to keep and publish a journal, 4, 10, p. 79. members to be privileged from arrest, 4, 11, ‘p. 80. INDEX TO CONSTITUTION OF 1879. 599 LEGISLATURE—vacancies, how filled, Art. 4, Sec. 12, p. 80. sessions to be open, 4, 18, p. 81. adjournments, restriction on powers, 4, 14, p. 81. laws, how passed, 4, 15, p. 81. impeachment and trial by, 4, 17, p. 84. disqualification of member to hold certain offi- ces, 4, 19, p. 86. what officers not eligible to membership, 4, 20, p. 87. to provide punishment of embezzlement and de- faleation, 4, 21, p. 88. to whai institutions aid may be granted, 4, 22, p. 88. moneys, how drawn from treasury, 4, 22, p. 88. per diem and mileage to members, 4, 23, p. 91. acts to elnbrace but one subject, 4, 24, p. 92. proceedings to be published in English only, 4, 24, p. 92. local or special laws not to be passed, 4, 25, p. 99. ho power to authorize lotteries or gift enter- prises, 4, 26, p. 112. vote on elections to be viva voce, 4, 28, p. 115. general appropriation bill, what to contain, 4, 29, at as appropriations not to be made for sectarian pur- poses, 4, 30, p. 116. credit of state or subdivisions of state not to be given or lent, 4, 31, p. 116. extra compensation for past services prohibited, 4, 32, p. 119. to regulate telegraph and gas companies, 4, 33, pet: ‘to regulate storage and wharfage charges, 4, 33, p: 121. special appropriation bills, what to contain, 4, Bt, p. 121: lobbying prohibited, declared a felony, 4, 35, p. 122; when to choose governor, 5, 4, p. 125. when governor may convene by proclamation, 5, 9, p. 180. power when so convened, 5, 9, p. 130. 600 INDEX TO CONSTITUTION OF 1879. LEGISLATURE—adjournment by governor, Art. 5, Sec. 11, p. 1380. secretary of state to keep records of, 5, 18, p. 134. may abolish office of surveyor general, 5, 19, p. 134. power to fix compensation of state officers, 5, 19, p. 1384. may establish inferior courts, 6, 1, p. 187. cannot grant leave of absence to judicial officer, 6, 9, p. 174. may increase or diminish number of judges, 6, Op, AT, may remove justice or judge, 6, 10, p. 175. two-thirds vote required, 6, 10, p. 175. to determine number of justices of the peace, 6, Pil apsut ae may: prescribe other courts as courts of record, 6, 12, p. 180. may fix jurisdiction of inferior courts, 6, 138, p, 180. to provide for election of supreme court clerk, 6, 14°. 51s and fix duties and compensation, 6, 14, p. 181. may provide for appointment of court commis- ‘sioners, 6, 14, p. 181. to provide for publishing opinions of supreme COULE,. Ga lb.e DeLee ‘authority on cope for treason, 7, 1, p. 188. restriction on power, 7,°1, 188. to provide for ore ae and disciplining mil- aide S015 p. 100. to encourage diffusion of knowledge and intel- ligence, 9, 1, p. 192. may authorize counties to unite in election of school superintendent, 9, 3, p. 198. to provide system of common schools, 9, 5, p. 194. may establish high schools, normal schools, etc., OF OD. oo: duty as to university funds, 9, 9, p. 199. to classify board of prison dineekgas 10, 1, p. 204. and prescribe their duties, 10, 2, p. 205. to regulate reformatory institutions, 10, 2, p. 205. INDEX TO CONSTITUTION OF 1879. 601 LEGISLATURE—to direct auditing expenses of board, Art. 10, See. 4, p. 205. to pass laws regulating their powers, 10, 5, p. 206. to define powers and duties of clerk of state pris- Ben, D, ps 206. to provide for convict labor, 10, 6, p. 206. to establish system of county governments, 41, 4, p. 211. . to provide for election of county officers under general laws, 11, 5, p. 213. and township and municipal officers, 11, 5, p. 218. to prescribe their duties and term of office, 11, 5, p. 213. and for their strict accountability, 11, 5, p. 218. may levy taxes on municipal corporations, 11, 12, p. 252. cannot delegate power to commissions, corpora- . Aponte, euc., 11,13, p. 286. to provide for punishment for use of public funds, feist De 2. cannot grant charter for banking, 12, 5, p. 280. not to extend franchise or remit forfeiture, 12, 7, p. 280. not to relieve corporation from liability, 12, 10, p. 282. vested with power to regulate fares and freights, 12, 20, p. 288. may prescribe penalty for extra charges, 12, 22, Dp. 289. may remove railroad commissioner, 12, 22, p. 289. may fiil vacancy in commission, 12, 22, p. 289. may enforce forfeiture of charter for excessive charges of fares and freights, 12, 23, p. 298. to pass laws to enforce provisions concerning corporations, 12, 24, p. 293. may provide for deduction of debts on assess- ment, 13, 1, p. 294. ; to provide for assessment of lands in small tracts, 13, 3, p. 308. not to surrender power of taxation, 13, 6, p. 312. may provide for payment by installments, 13, 6, Dr. SL2. . Constitution—51 ¢ 602 INDEX TO CONSTITUTION OF 1879. LEGISLATURE—may require annual statement un- der oath, Art. 13, Sec. 6, p. 312. may provide for income taxes, 13, 11, D. 320. may provide for a poll tax, 18, 12, p. 320. to carry out taxation provisions, 13, 13, p. 320. to fix penalty for failure to fix water rates, 14, 1 pr-oek. ‘to regulate sale and rent of water, 14, 1, p. 321. to provide against obstructions to navigation, 15, 2, p. 328. restriction on power to create debt, 16, 1, p. 330. to protect homesteads, 17, 1, p. 333. to discourage land monopoly, 17, 2, p. 334. to regulate grants of state lands, 17, 3, p. 334. to protect from alien paupers, etc., 19, 1, p. 340. to provide for their removal, 19, 1, p. 340. to pass police regulations, 19, 1, p. 340. to enforce provisions against Chinese, 19, 2, p. 341. to discourage immigration of certain foreigners, 19, 4, p. 342. to enforce removal of Chinese, 19, 4, p. 342. to prescribe penalties for introduction of coolies, 19, 4, p. 342. to delegate power to remove Chinese, 19, 4, p. 342. legislators to take and subscribe oath, 20, 3, p. 345. to direct appointment or election of certain of- ficers, 20, 4, p. 346. to direct bringing suits against state, 20, 6, p. 847. to regulate elections by general laws, 20, 11, p. 348. to provide for institution of state board of health, 20, 14, p. 349. to provide for enforcement of liens of mechanics, ete., 20, 15, p. 349. may provide for expenses of convention, 20, 19, p. 353. LEGISLATIVE ACT—to embrace but one subject, 4, 24, p. 92: See Legislature; Laws. 9 INDEX TO CONSTITUTION OF 1879. 603 LEGISLATIVE COMMITTHE—right to _ inspect books of corporation, Art. 12, Sec. 14, p. 384. LEGISLATIVE DEPARTMENT—3, 1, p. 61. power vested in, 4, 1, p. 67. records to be kept by secretary of state, 5,. 19, p. 134. See Legislature. LEGISLATIVE GRANTS—power of taxation cannot be surrendered in, 13, 6, p. 312. LEGISLATIVE POWER —exercise of, p. 68. delegation of, p. 69. See Legislature. LEGISLATIVE PROCEEDINGS—on proposed amendments, 18, 1, p. 337 on proceedings to revise, 18, 2, p. 338. to be published in English only, 4, 24, p. 92. LEGITIMATION OF CHILDREN-—special legisla- tion prohibited, 4, 25, p. 99. LELAND STANFORD JUNIOR UNIVERSITY— property of exempt from taxation, 9, 10, p. 201. trusts for confirmed, 9, 10, p. 201. LIABILITY—not to be released by special legisla- tion, 4, 25, p. 99. of stockholders of corporations, 12, 3, p. 274. of franchise not to be released, 12, 10, p. 282. of corporation, where may be sued, 12, 16, p. 285. LIBEL—criminal prosecutions for, 1, 9, p. 11. places of trial, 1, 9, p. 11. evidence in cases of, 1, 9, p. 11. jury to judge of law and fact, 1, 9, p. 11. LIBERTY OF CONSCIENCE SECURED—1, 4, p. 6. licentiousness not excused, 1, 4, p. 6. LIBERTY AND PROPERTY—protection of, 1, 18, TRYAT. LIBERTY OF SPEECH—not to be restrained, 1, 9, wm 21. LICE NSE—cannot be granted by special legislation, 4,.25; p. 99. LICENSE REGULATIONS—pp. 250, 254. LICK SCHOOL—See California School of Mechanical Arts. LIENS—cannot be created by special legislation, 4, 25, ‘p."'99% on property, created by taxation, 13, 4, p. 308. 604 INDEX TO CONSTITUTION OF 1879. LIENS—jurisdiction of superior courts, Art. 6, Sec. 5, p. 154. jurisdiction of justices of the peace, 6, 2, p. 1389. of mechanics, materialmen, etc., 20, 15, p. 349. LIEUTENANT-GOVERNOR—liable to impeachment, 4, 18, p. 85. when and how to be elected, 5, 15, p. 131. term of ofiice, 5, 15, p. 131. to be president of the Senate, 5, 15, p. 131. disqualification for other office, 5, 15, p. 131. when to act as governor, 5, 16, p. 182. compensation of, 5, 19, p. 184. LIFE, LIBERTY, AND PROPERTY—inalienable rights,.1)51, Ac: not to ie deprived of without due process of law, LS aL LIMITATION OF ACTIONS—special legislation pro- hibited, 4, 25, p. 99. LOBBYING—a felony, 4, 35, p. 122 what constitutes, 4, 35, p. 122. LOCAL LEGISLATION—on certain matters, pro- hibited, 4, 25, p. 99. in all cases where general laws may be made ap- plicable, 4, 25, p. 99. LOCAL OPTION LAWS—p. 69. LOCAL POLICE AND SANITARY LAWS—counties and cities to enact, 11, 11, p. 242. LOS ANGELES—two superior judges for, 6, 6, p. 170. salary of superior judge, 6, 17, p. 182. LOTTERI£S—prohibited, 4, 26, p. 112. LUCRATIVE OF FICE—defined, 4, 20, p. S87. MAJORITY—special statute cannot declare person of age, 4, 25, p. 99. of legislature to constitute a quorum, 4, 8, p. 78. necessary to pass a bill, 4, 15, p. 81. MALFEASANCE IN OFFICH—conviction for, a dis- franchisement, 20, 11, p. 348. excludes from office, juries, ete., 20, 11, p. 348. MANAGERS—of corporations, how elected, 12, 12, p. 283. MANDAMUS—supreme court may issue, 6, 4, p. 144. original jurisdiction in superior court, 6, 5, p. 154. INDEX TO CONSTITUTION OF 1879. . 605 MANDATORY—character of provisions in new con- stitution, Art. 1, Sec. 22, p. 52. MANUFACTURING SOCIETY—manner of electing officers, 12, 11, p. 282. MARGIN CONTRACTS—for stock, void, 4, 26, p. 112. MARRIAGE—conformity to religious forms not re- quired, 20, 7, p. 347. Separate property of husband and wife, 20, 8, p. 347 original jurisdiction in annulment of, 6, 5, p. 154. MATERIALMEN—secured by lien on property, 20, 15, p. 349. . MAYOR—to fill vacancy in board of supervisors, 11, fee. 225. to certify copy of city charter, 11, 8, p. 227. MECHANIC ARTS—to be supported, etc., 9, 9, p. 199. MECHANICS—-secured by lien on property, 20, 15, p. 349. legislature to provide for enforcement of, 20, 15, p. 349. MEMBERS OF LEGISLATURE —limitation of pay Dies iy Da /toe to be privileged from arrest, 4, 11, p. 80. for what offices disqualified 4, 19, p. 86. restriction as to power to adjourn, 4, 14, p. 81. to vote viva voce, 4, 28, p. 115. MEMBERS OF ASSEMBLY—when and how elected, Baa bey Dav? hows term of office, 4, 3, p. 73. qualifications of, 4, 4, p. 74. how and when elected, 4, 5, p. 75. to be privileged from arrest, 4, 11, p. 80. for what offices disqualified, 4, 19, p. SG. per diem and mileage, 4, 23, p. 91. influenced by promise of reward guilty of fel- ony, 4, 35, p. 122. not to receive free pass on railroad, 12, 19, p. 288. to take and subscribe oath, 20, 3, p. 345. MERCANTILE SOCIETIES—manner of electing of- ficers, 12, 11,.-p. 282. MESSAGE—of governor to legislature, 5, 10, p. 130. MILEAGE—to members of legislature, 4, 28, p. 91. 606 INDEX TO CONSTITUTION OF 1875S. MILITARY—subordinate to civil power, Art. 1, Sec. Te) ed ve , standing army not to be kept in time of peace, BPS: Sis See Militia. MILITIA—no imprisonment for fines, 1, 15, p. 41. organization and discipline of, 8, 1, p. 1990. restriction as to carrying banners or flags, 8, 2, p. 191: officer, when not eligible to civil office, 4, 20, p. S87. governor to be commander-in-chief, 5, 5, p. 126. to sign and seal commissions, 5, 14, p. 181. power of governor to call out, 8, 1, p. 190. governor to remain in command of, 5, 16, p. 182. exemption of electors from duty in, 2, 3, p. 59. MINORS—cannot be affected by special statute, 4, 25, p. +99: as to property of, 4, 25, p. 99. MISAPPROPRIATION—of public moneys, to dis- franchise, 2, 1, p. 54. MISCELLANEOUS SUBJECTS—20, 1, p. 348. MISDEMEANOR-—in office, provisions to be made for punishment of, 4, 18, p. 85. local and special legislation prohibited, 4, 25, p. 99. original jurisdiction in superior courts, 6, 5, p. 154. MONEY—how and when drawn from treasury, 4, 22, p. 88. in treasury cannot be refunded under special act, 4, 25, p.’' 99. paid on stock bought on margin recoverable back, 4, 26, p. 112. in hands of municipal officers to be paid into treasury, 11, 16, p. 258. officers using or making profit guilty of a felony, Lae at,” pr 250: corporation can issue nothing but lawful money of United States, 12, 5, p. 280. liable to taxation, 13, 1, p. 294. to be applied to payment of state debt, 16, 1, p. 330. MONGOLIANS—See Chinese. INDEX TO CONSTITUTION OF 1879. ‘607 MORTGAGES—taxation of, Art. 18, Sec. 4, p. 308. how taxed, 13, 4, p. 308. contract of debter to pay tax void, 13, 5. p. 311. MUNICIPAL AFFAIRS—what are, 11, 6, p. 218. MUNICIPAL CORPORATION—prohibited from aid- ing sect or creed, 4, 30, p. 116. prohibited from loaning or giving its credit, 4, ry Oy tae de shall not be created by special acts, 11, 6, p. 218. to be organized and classified by general laws, Li6,op. 218. and subject to control of general laws, 11, 6, p. 218. charter of city, how obtained, 11, 8, p. 227. not to be relieved from proper share of taxes, 11, 10,:p. 241. power to assess and levy taxes, 11, 12, p. 252. authority as to improvements, 11, 13, p. 256. authority to appoint inspection officers, 11, 14, p. 258. private property not to be taken for debts of, 11, 15, p. 258. moneys to be deposited with treasurer, 11, 16, p. 258. use of same by official a felony, 11, 17, p. 259. property of exempt from taxation, 13, 1, p. 294. prohibited from employing Chinese, 19, 3, p. 241. ee eon DEBTS—liability of new counties, 11, p. 208. naivate property not to be taken for, 11, 15, p. 258. restriction on power to incur, 11, 18, p. 259. MUNICIPAL FINE—appellate jurisdiction of su- preme court, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. MUNICIPAL OFFICERS—election or appointment ord; 6, ps 218. compensation not to be increased during term, 11, 9, p. 240. term not to be extended, 11, 9, p. 240. to pay moneys into the treasury, 11, 16, p. 258. MUNICIPAL TAX ES—power delegated to municipal ity; 11, 12, p. 252. . 608 INDEX TO CONSTITUTION OF 1879. NAMES—change of, special legislation prohibited, Art. 4, See. 25, p. 99. NATURALIZATION—power of superior court, 6, 5, p. 154. NAVIGABLE WATERS—harbor frontages as, 15, 1, p. 328. to be protected, 15, 1, p. 328. NAVIGATION—freedom of to be secured, 15, 2, p. 328. NEGLECT—of supervisors to fix water rates, penalty for, 14, 1, p. 321. rights of parties interested, 14, 1, p. 321. NEVADA—salary of superior judge, 6, 17, p. 182. NEW COUNTIES—trestrictions on formation of, 11, 3, p. 208: «~ NONJUDICIAL DAYS—certain writs served on, 6, 5, pA: . NORMAL SCHOOL—may be established by legisla- ture, 9,°6, p. 195. NOTICHE—of meeting for increase of corporate stock, 12AAd pws. NUISANCES — appellate jurisdiction of supreme eourt, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. OATH OR AFFIDAVIT—to sustain issue of war- rants, 1, 19, p. 50. of senators on trial by impeachment, 4, 17, p. 84. to be taken by justices and judges on drawing salary, 6, 24, p. 187. form of oath of office, 20, 3, p. 345. OATH OF OFFICH-—member of legislature to take, 20, 8, p. 845. form of oath of office, 20, 3, p. 345. executive and judicial officers to take, 20, 3, p. 345. OBLIGATIONS—of contract not to be impaired, 1, 16, p. 41. existing, unaffected by adoption of new constitu- tion, 22, 2,’ p. 361. OFFENSES—to be prosecuted by indictment or in- formation, 1, 8, p. 10. no person to be put twice in jeopardy, 1, 3, p. 5. right of trial by jury secured, 1, 7, p. 8. INDEX TO CONSTITUTION OF 1879. 609 OFFENSES—impeachment, of officer for, Art. 4, Sec. 18, p. 85. power of governor to grant pardon for, 7, 1, p. 188. OFFICES—property qualification not necessary, 1, 24, p. 53. disqualification in certain cases, 4, 19, p. 86. who ineligible for, 4, 20, p. 87. embezzlement and defalcation to disqualify for, 4, 21, p. 88. cannot be created by special legislation, 4, 25, p. 99. vacancy, when filled by governor, 5, 8, p. 126. to be maintained by corporation, 12, 14, p. 284. forfeiture for acceptance of free passes, 12, 19, p. 288. oath of office, form of, 20, 3, p. 345. no declaration or test required, 20, 3, p. 345. created by law, how filled, 20, 4, p. 346. offering bribe to procure election a disqualifica- tion, 20, 10, p. 348. exclusion from for bribery, forgery, etc., 20, 11, p. 348. term of when not herein declared, 20, 16, p. 350. terms of, when to commence, 20, 20, p. 353. hereafter created to be subject to legislative di- rection, 20, 4, p. 346. OFFICH OF CORPORATION—to be maintained in state, 12, 14, p. 284. OFFICER—fees and salaries, special legislation pro- hibited, 4, 25, p. 99. not to be allowed extra compensation, 4, 32, p. 119. to regulate rates of charges of corporations, 4, SopeDindkel. -who impeachable, 4. 18, p. 85. of departments to furnish information to execu- tive, 5, 6, p. 126. of United States not eligible for governor, 5, 12, De 431. of militia elected and appointed pursuant to law, Se, D. 190. to be commissioned by governor, 8, 1, p. 190. 610 INDEX TO CONSTITUTION OF 1879. OFFICER—of city, county, or town, term of office and compensation, Art. 11, Sec. 9, p. 240. using or making profit out of public money a felony, 11, 17, p. 259. — of corporation, residence to be entered in books, 12, 14, p. 284. not to be interested in furnishing supplies, etc., 12; 18) p23 287; of state, acceptance of free passes a forfeiture of office, 12, 19, p. 288. of corporation, fined and imprisoned for extor- tion 12, 22," 9.289: executive and judicial, to take oath of office, 20, 3, p. 345. . for offices hereafter created to be elected or ap- pointed, 20, 4, p. 346. when to hold office at pleasure of appointing power, 20, 16, p. 350. term not to exceed four years, 20, 16, p. 350. term of, when to commence, 20, 20, p. 353. term of at first election, 22, 10, p. 366. OFFICIAL ACTS—cannot be validated by special acts, 4, 25, p. 99. record to be kept, 5, 18, p. 134. OFFICIAL OATH—20, 8, p. 345. OPINIONS OF SUPREME COURT —to be published 6, 16, p. 182. free for publication by anyone, 6, 16, p. 182. ORDINANCE—to fix water rates, 14, 1, p. 321. ORGANIZATION—of supreme court, 6, 2, p. 139. of superior court, 6, 6, p. 170. of municipal corporations, 11, 6, p. 218. ORIGINAL JURISDICTION—of superior court, 6, 5, p- 154. ORPHANS—State may provide for support of, 4, Sot oee PARDON--power of governor to grant, 7, 1, p. 188. restriction on power, 7, 1, p. 188. PARKS—special legislation prohibited, 4; 25, p. 99. PARTIES—corporations may sue and be sued, 12, 4, p. 279. PAUPEHRS—exemption from poll taxes, 13, 12, p. 320. INDEX TO CONSTITUTION OF ‘*1879. 611 PASSAGE OF BILLS—mode of, Art. 4, Sec..15, p. 81. when bill becomes a law, 4, 16, p. 82. PAYMENT OF TAX—by installments, 138, 7, p. 312. PEACE AND SAFETY—to be secured, 1, 4, p. 6. PENALTIES—cannot be remitted by special legisla- tion, 4, 25, p.. 99. for absence of member of legislature, 4, 8, Bc: on transportation companies for excessive : charges, 12, 22, p. 289. legislature may prescribe additional, Lage AD. 289. of supervisors for neglect to fix water rates, 14, Died pel. for unduly influencing elections, 20, 11, p. 348. PHOPLE—political power inherent in, 1, 2, p. 5. right of free assemblage and petition, 1, 10, p. 12. right of security from searches and seizures, 1, 19, p. 50. rights not impaired by enumeration in constitu- tion, 1, 23, .p. 53: style of process in name of, 6, 20, p. 185, PER DIEM—of legislators, 4, 28, p. 91. of lieutenant-governor, 5, 19, p. 124. of delegates, legislature may provide for, 20, 19, p. 353. PERJURY—disqualification on conviction for, 4, 19, p. 86. to exclude from office, jury, and right of suffrage, 20; Stipe 348. PEHRPETUITIES—prohibited, except for certain pur- poses, 20, 9, p. 348. PERSONAL AND PROPERTY RIGHTS—security OL seis, pe 17: PHTITION—right of secured, 1, 10, p. 12. PLACE OF TRIAL—in libel cases, 1, 9, p. 11. may be changed, 1, 9, p. 11. of real actions, 6, 5, p. 154. in suits affecting corporations, 12, 16, p. 285. PLACES OF VOTING—to be fixed by general laws, except, 4, 25, p. 99. PLURALITY VOTE—constitutes a choice, 20, 13, p. 349. POLICE COURTS—not abolished by new constitu- tion, 22, 3, p. 361. 612 ‘INDEX TO CONSTITUTION OF 1879. POLICE JUDGES—local and special legislation pro- hibited, Art. 4, Sec. 25, p. 99. POLICE LAWS—legislature to pass, 19, 1, p. 340. POLICE POWERS—of state, p. 71. corporations subject to exercise of, 12, 8, p. 281. POLICE REGULATIONS—county, city, or town, may enforce, 11, 11, p. 242. POLITICAL CORPORATION—prohibited to give or lend credit, 4, 31, p. 116. POLITICAL SUBDIVISION—not to subscribe to cor- poration stock, 4, 31, p. 116. POLITICAL POWERS—inherent in people, 1, 2, p. 5. POLL TAXES—legislature may provide for, 13, 12, p. 320. to be paid into school fund, 13, 12, p. 320. POPULAR ASSEMBLIES—rights of citizens, 1, 10, Dee POSSESSION OF PROPERTY-—trights of foreigners, Tt) Lites POSTMASTER—when may hold civil office, 4, 20, p. 87. POWERS OF GOVERNMENT —how distributed, 3, Thee REDE legislative, where vested, 4, 1, p. 67. executive, where vested, 5, 1, p. 124. judicial, where vested, 6, 1, p. 1387. pardoning power, 7, 1, p. 188. militia, 8, 1, p. 190. municinal corporations, 11, 16, p. 258. POWER OF TAXATION—not to be surrendered in orant, 13,6, -D. o12. 3 PRACTICE IN COURTS—local.an1 special legisla- tion prohibited, 4, 25, p. 99. PREAMBLE—to constitution, 1, 1, p. 2. PRESIDENT OF SENATE—who is, 5, 15, p. 181. pro tempore, when to act as governor, 5, 15, p. Tou: PRESIDING JUDGE —to be chosen, 6, 6, p. 170. duties of, 6, 6, p. 170. PRESS—liberty of, secured, 1, 9, p. 11. - PRIMARY ELECTIONS—provision for, 2, 2%, p. 58. PRINCIPAL PLACE OF BUSINESS—of corpora- tions to be maintained, 12, 14, p. 284. PRINTING—bills to be printed, 4, 15, p. 81. INDEX TO CONSTITUTION OF 1879. 613 PRISON DIRECTORS—See State Prison Directors. PRIVILEGE—from arrest, of members of legislature, Art. 4, See. 11, p. 80. of electors on election day, 2, 2, p. 57. PRIVILEGES AND IMMUNITIES—of citizens, 1, 21, p. dL. cannot be granted by special act, 4, 25, p. 99. reservation of power in legislature to revoke or repeal, 1, 21, p. 51. See Immunities. PROBATE MATTERS—appellate jurisdiction in su- preme court, 6, 4, p. 144. original jurisdiction in superior court, 6, 5, p. 154. PROCESS—privilege of member of legislature from, 4, 11, p. 80. of supreme court, 6, 4, p. 144. of superior courts, extent of, 6, 5, p. 154. style of, 6, 20, p. 185. power of railroad commissioners to issue, 12, 22, p. 289. to compel fixing of water rates, 14, 1, p. 321. PROCLAMATION—for special session of legislature, dD, 9, p. 130. on revision of constitution, 18, 2, p. 338. on computation of votes on new constitution, 22, 9, p. 365. PROFESSION—sex not to disqualify from pursuit of, 20, 18, p. 352. PROHIBITION—jurisdiction of supreme CUE, 6, 4, p. 144. of superior courts, 6, 5, p. 154. certain writs may be served on holidays and non- judicial days, 6, 5, p. 154. of introduction of Chinese, 19, 4, p. 342. PROHIBITORY—provisions of constitution, when, 1, 22). 4." 52. PROMOTION—of intellectual improvement, 9, 1, p 192. PROPERTY—right to acquire, possess, and defend, ery ZT. persons not to be deprived of without due pro- eess of law, 1, 13, p. 17. not to be taken or injured for public use, etc., I, 14, p. 31. Constitution—5? 614 INDEX TO CONSTITUTION OF 1879. PROPERTY—cannot be exempted by special Aree tion, Art. 4, Sec. 25, p. 99. liability to taxation, what includes, 18, 1, p. 194. PROPERTY QUALIFICATION—not to be required to vote or hold office, 1, 24, p. 538. PROSECUTIONS—to be conducted in name of peo- ple, 6, 20, p. 185. existing unaffected by adoption of new constitu- tion, 22, 2; p.. 361: right of trial by jury secured, 1, Tee rights of party accused, 1, 13, p. 17. PROTECTION—from alien paupers, criminals, etc., 19, 1, p. 340. PROVISIONS OF OO eee and prohibitory, 1, 22, p. 52. See Constitution; State Constitutions. PUBLIC DEBTS—private property not to be taken for, 11, 15, p. 258. PUBLIC FUNDS—statement of receipts and ex- penses to be published, 4, 22, p. 88. to be deposited with treasurer, 11, 16, p. 258. making profit on, or using, a felony, 11, 17, p. 259. PUBLIC GRANTS—power to tax not to be surren- dered or suspended, 18, 6, p. 352. PUBLIC GROUNDS-—special legislation prohibited, 4, 25, p. 99. PUBLIC IMPROVEMENTS—in cities, how to be made, 11, 19, p. 265. PUBLIC OFFICERS—when not to receive extra compensation, 4, 32, p. 119. PUBLIC SAFETY—suspension of writ of habeas : corpus, 1, 5, p. 7 PUBLIC SCHOOLS—legislature to provide a system of, 9, 5, p. 194. what to include, 9, 6, p. 195. property exempt from taxation, 13, 1, p. 294. PUBLIC USE—in eminent domain defined, p. 195. legislative discretion, p. 196. water rights declared for, 14, 1, p. 321. PUBLIC WORKS—on streets of city, provisions con- eerning, 11, 19, p. 265. Chinese prohibited from employment on, 19, 3, p. 341. INDEX TO CONSTITUTION OF 1879. 615 PUBLIC WORKS—eight hours to constitute a day’s work, Art. 20, Sec. 17, p. 352. PUBLICATION—of proceedings of each house, 4, 10, p. 79. of receipts and expenditures at each session, 4, 22, p. 88. of all laws and official writings to be in English, 4, 24, p. 92. of judicial decisions, 6, 16, p. 182. of proposed city charter, 11, 8, p. 227. of rates of fares and freights, 12, 22, p. 289. of proposed amendments to constitution, 18, 1, p. 337. PUNISHMENTS—cruel and unusual, prohibited, 1, ea se ts for extortion in rates of fares and freights, 12, 22, p.- 289. ; QUALIFICATION—of voters, 2, 1, p. 54. property not essential to, 1, 24, p. 53. of members of legislature, 4, 4, p. 74. each house to judge of, 4, 7, p. 77. of governor, 5, 3, p. 125. of lieutenant-governor, 5, 15, p. 131. of justices of supreme court, 6, 23, p. 186. of judges of superior courts, 6, 23, p. 186. declaration or test not required, 20, 3, p. 345. for office of public trust, 20, 3, p. 345. for office of county commissioner, 12, 22, p. 289. QUARTERING OF SOLDIERS—provisions concern- tt et Deel T. . QUORUM—majority of house to constitute, 4, 8, p. 78 less may adjourn and compel attendance, 4, 8, p. 78. QUO WARRANTO—power of superior court, 6, 5, p. 154. RAILROAD COMMISSIONERS—use of free passes on railroads, 12, 19, p. 288. to be elected, 12, 22, p. 289. salary and term of office, 12, 22, p. 289. qualification of, 12, 22, p. 289, 616 INDEX TO CONSTITUTION OF 1879. RAILROAD COMMISSIONERS—not to be interested in any transportation company, Art. 12, Sec. 22, p. 289. as stockholder, creditor, agent, or employee, 12, 22, p. 289. powers and duties of, 12, 22, p. 289. to prescribe uniform system of keeping accounts, 12) e223 apsrece: to fix rates of fares and freights, 12, 22, p. 289. and publish the same from time to time, 12, 22, p. 289. rates fixed by them to be deemed fair and rea- sonable, 12, 22, p. 289. to examine books, ete., of transportation com- panies, 12, 22, p. 289. to hear and determine complaints, 12, 22, p. 289. to enforce decisions and correct abuses, 12, 22, pu 289. to report to governor annually, 12, 22, p. 289. legislature may confer further powers, 12, 22, p. 289. or may remove one or more of them, 12, 22, p. 289. vacancies may be filled by governor, 12, 22, p. 289. appointee, term of office of, 12, 22, p. 289. first election of districts allotted, 12, 23, p. 293. RAILROAD COMPANIES—may connect at state line with foreign corporations, 12, 17, p. 286. may intersect, connect, or cross other railroads, L201 pe 286. delay and discrimination prohibited, 12, 17, p. 286. officer, agent, or employee not to be interested in furnishing with materials and supplies, 12, 18, De 287: nor when leased, 12, 18, p. 287. not to grant free passes to state officials, 12, 19, p. 288. or passes or tickets at a discount, 12, 19, p. 288. not to combine with carriers to share earnings in certain cases, 12, 20, p. 288. rates when lowered cannot be raised without consent of government, 12, 20, p. 288. \ INDEX TO CONSTITUTION OF 1879. 617 RAILROAD COMPANIES—government to regulate fares and freights, Art. 12, Sec. 20, p. 288. no discrimination between places or persons, 12, 21, p. 289. fares and freights to any station not to exceed those to a more distant station, 12, 21, p. 289. excursion and commutation tickets at special rates, 12, 21, p. 289. state to be divided into three railroad districts, 12, 22, p. 289. and commissioners elected for each, 12, 22, p. 289. fine for failure to comply with regulations. of commissioners, 12, 22, p. 289. fine and imprisonment of officers of company, 12, 22, p.: 289. exemplary damages for excessive charges, 12, 22, Dp. 289. temporary districts, 12, 23, p. 293. legislature to enforce provisions, 12, 24, p. 298. property of, how assessed, 13, 10, p. 318. apportionment of values, 18, 10, p. 318. RAILROAD DISTRICTS—state to be divided into three, 12, 22, p. 289. temporary allotment, 12, 238, p. 2938. RAILROADS—how assessed for taxation, 13, 4, p. 3U8. RATES OF CHARGES—by. corporations, regulatior. of,1'4,-33; p. 121. on railroads, provisions concerning, 12, 20, p. 288. to be fixed by railroad commissioners, 12, 22, p. 289. REAL ACTIONS—where to be brought, 6, 5, p. 154. REAL ESTATE—restriction on tenure by corpora- Hon. 12, 9) p.. 281: REBELLION OR INVASION—suspension of habeas corpus, 1, 5, p. 7. power of governor to suppress or repel, 8, 1, p. 190. RECEIPTS AND EXPENDITURES—to be published with laws, 4, 22, p. 88. RECESS OF LEGISLATURE —restriction, payment of members, 4, 14, p. 81. 618 INDEX TO CONSTITUTION OF 1879. RECOGNIZANCES—obligations, ete., unaffected by adoption of new constitution, Art. 22, Sec. 2, p. 361. RECOMMENDATIONS—to be made by governor at every session, 5, 10, p. 1380. RECORD —of official acts to be kept by secretary of state, 5, 18, p. 534. to be kept by railroad companies, 12, 22, p. 289. RECORDER OF DEEDS—duty as to city charters, 1157S," pesca: -REDRESS OF GRIEVANCES-—tright of petition, 1, LODZ: REVORMATORY INSTITUTIONS — legislature to prescribe rules, 10, 2, p. 205. : REGULATION—of court practice, special legislation prohibited, 4, 25, p. 99. of rates of telegraph, gas, ete., companies, 4, 33, Doak of fares and freights on railroads, 12, 22, p. 289. REGISTRAR—of voters, in San Francisco, duty of, 22, 6, p. 364. RHELATION—of state to American Union, 1, 3, p. 5. RELEASE OF DEBT OR OBLIGATION — special legislation prohibited, 4, 25, p. 99. RELIGION—free exercise of secured, 1, 4, p. 6. test of not to apply to witness or juror, 1, 4, p. 6 aid to private corporations and institutions pro- hibited, 4, 22, p. 88. aid to sect and creed prohibited, 4, 30, p. 116. RELIGIOUS FREEDOM—guaranteed, 1, 4, p. 6. RELIGIOUS SECT—appropriations prohibited, 4, 30, p“1i6. RELIGIOUS TEST—not required of witness or juror, 1, 4, p. 2. RELIGIOUS WORSHIP—property used for, exempt from taxation, 13, 114, p. 307. REMEDIES—when cannot be impaired, p. 438. REMOVAL—of judicial officer, 6, 10, p. 1386. of Chinese from cities or towns, 19, 4, p. 342. of supreme court reporter, 6, 21, p. 186. of presiding judge in San Francisco, 6, 6, p. 170. REPRESENTATION—in legislature, 4, 6, p. 75. INDEX TO CONSTITUTION OF 1879. 619 REPORTER OF SUPREME COURT —appointment of, Art. 6, Sec. 21, p. 186. salary and term of office, 6, 21, p. 186. REPRIEHVES—power of governor to grant, 7, 1, p. 188. RESERVED RIGHTS—of the people, 1, 23. p. 53. RESIDENCE—for purpose of voting, what not to af- fect, 2, 4, p. 59. not affected by absence on public business, 20, 12, p. 349. RESIGNATION—of governor, who to act, 5, 16, p. 12: RETROSPECTIVE STATUTEHS—validity of, p. 45. RETURN—of bill by governor, 4, 16, p. 82. . RHTURNS OF .ELECTION—for Sneetpor, 5, 4, p. 125. on revision of constitution, 18, 2, p. 338. REVENUE AND TAXATION—138, 1, p. 294. property to be taxed in proportion to its value, 13,91, p. 204. property to include money, credits, bonds, ete., ae 1; p. 294. what property exempt, 18, 1, p. 294. deduction from credits of debts due residents of state, 13, 1, p. 294. lands and a Oye to be separately as- sessed, 18, 2, p. 308. lands similarly situated and of equal value to be assessed at same value, 13, 2, p. 308. to be Satan by sections and fractions of sec- tions, 138, 3, p. 308. mortgage, aed. ‘of trust, ete., deemed | an interest in property, 13, 4, p. 308. exceptions in faylPof railroads and other quasi corporations, 13, 4, p. 308. tax a lien on property and securities, 138, 4, p. 308. if paid by owner of security, becomes part of debt, 13, 4, p. 308. if paid by owner, to be deducted from secured debt, 18, 4, p. 308. contracts by debtor to pay tax on the security void, 13, 5, p. 311. power to tax not to be surrendered or suspended, TaeOy: Pcl. 620 INDEX TO CONSTITUTION OF 1879. REVENUE AND TAXATION—legislature may pro- vide for payment by installments, Art. 13, Sec. M5 De “OLe, See Assessment; Taxation. REVISION OF CONSTITUTION—18, 1, p. 337. two-thirds vote of each house necessary to com- mand, 18, 2, p. 338. convention for revision, when to be elected, 18, 2 Be Saas ; of what to consist, 18, 2, p. 338. delegates, when to meet, 18, 2, p. 338. result to be submitted to vote of people, 18, 2, p. 338. returns and proceedings thereon, 18, 2, p. 338. executive to declere result, 18, 2, p. 338. majority of votes required to ratify, 18; 2, p. 338. RIGHTS—inalienable, 1, 1, p. 2. of witnesses, 1, 6, p. 7. tospall 16, pe ie right of free assemblage, 1, 10, p. 12. of accused in criminal proceedings, 1, 138, p. 17. of foreign residents, 1, 17, p. 48. of security from search and seizure, 1, 19, p. 50. enumeration not to impair others retained, 1, 238, Dp. 93. right of suffrage, 2, 1, p. 54. Chinese excluded from, 2, 1, p. 54. privilege of electors, 2, 2, p. 57. from military duty, 2, 3, p. 59. RIGHT OF WAY—appropriation of, 1, 14, p. 31. on navigable waters not to be obstructed, 15, 2, p. 328. ROADS—local and special legislation prohibited, 4, Boe ses RULES OF PROCEEDING—each house to regulate, 4, 9, p. 79. SABBATH—power to “regulate observance of, pp. 4, 6. SACRAMENTO—the seat of government, 20, 1, p. 343. two superior judges to be elected, 6, 6, p. 170. salary of, 6, 17, p. 182. SAFETY AND HAPPINESS—right to pursue, 1, 1, D2. INDEX TO CONSTITUTION OF 1879. 621 SALARIES—of officers, special legislation prohibited, Art. 4, See. 25, p. 99. of governor, 5, 19, p. 134. of certain officers to be fixed by legislature, 5, 19, p. 134. of justices of supreme court, 6, 17, p. 182. to be paid by state, 6, 17, p. 182. of judges of superior court, 6, 17, p. 182. half to be paid by state and half by county, 6, a¢; p~ 182. of reporter of supreme court, 6, 21, p. 186. of justices and judges, conditions precedent to drawing of, 6, 24, p. 187. of superintendents of public instruction, 9, 2, D. 198. of railroad commissioners, 12, 22, p. 289. SAN FRANCISCO—to have twelve superior judges, GGeip. 170. one to be chosen to preside, 6, 6, p. 179. salary of, 6, 17, p. 182. sessions of superior courts, 6, 6, p. 170. SANITARY REGULATIONS—city, county, or town may enforce, 11, 11, p. 242. SAN JOAQUIN—to have two superior judges, 6, 6, p. ha). salary. of,.iG6,- 17, p. 182. SANTA CLARA—to have two superior judges, 6, 6, De Li0. salary of, 6, 17, p. 182. SCHOOL DISTRICT—officers cannot be regulated by special laws, 4, 25, p. 99. prohibited from aiding religious sect or creed, 4, 30, p. 116. restriction as to incurring indebtedness, 11, 18, Dp. 259. SCHOOL FUNDS—proceeds of land sold, ete., to con- stitute, 9, 4, p. 193. applied exclusively to primary and grammar schools, 9, 6, p. 195. poll tax to be paid into, 18, 12, p. 320. SCHOOL LANDS—sale of, 9, 4, p. 193. SCIENTIFIC IMPROVEMENT —to be promoted, 9; Peeper LOZ. SEAL OF STATE—in custody of governor, 5, 18, p. 131. 622 INDEX TO CONSTITUTION OF 1879. SEARCHES AND. SEIZURES—unreasonable prohib- ited, Art. 1, Sec. 19, p. 50. warrant to issue only on probable cause, 1, 19, p. 50. SEAT OF GOVERNMENT —at Sacramento, 20, 1, p. 3438. provision for change of, 20, 1, p. 348. SECRETARY OF Sa meas to impeachment, 4, 18, p. 85. to countersign grants and commissions, 5, :14, p. 131. mode and time of election of, 5, 17, p. 183. term of office, 5, 17, p. 183. ‘ to keep record of oflicial acts, 5, 18, p. 134. duties of, 5, 18, p. 1384. compensation for services, 5, 19, p. 134. duty as to city charters, 11, 8, p. 134. to canvass returns on revision of constitution, 18, 2, p. 338. ? to furnish paper for ballots for new constitution, 22, ,y Pees SECTARIAN INFLUENCES — university excluded from;"9OF Ope ioe SECTARIAN PURPOSES — appropriations prohib- ited, 4, 30, p. 116. SECTARIAN SCHOOLS—to receive no public aid, 9,° 8, Dp: 199. SECURITIES—taxation of, 13, 4, p. 308. how assessed, 13, 4, p. 308. contract of debtor to pay tax void, 18, 5, p. 311. SECURITY—from unreasonable searches and seiz- ures, 1, 19, p. 50. SEIZURES—unreasonable prohibited, 1, 19, p. 50. SENATI—legislative powers vested in, 4, 1, p. 67. number ot members of, 4, 5, p. 74. a court of impeachment, 6, 1, p. 137. may remove justices or judges, 6, 10, p. 175. SENATORS—when and how chosen, 4, 4, p. 74. term of office, 4, 4, p..74. number of 4, 5, p. 74. allotment of, 4, 5, p. 74. to try all impeachments, 6, 1, p. 137. to be on oath, 4, 17, p. 84. for what offices disqualified, 4, 19, of 86. to be under oath or affirmation, 6, 1, p. 137. INDEX TO CONSTITUTION OF 1879. 623 SENATOR OF UNITED STATES—governor dis- qualified for, Art. 5, Sec. 20, p. 135. SENATORIAL AND ASSEMBLY DISTRICTS—divi- sion of state, 4, 6, p. 75. SENTENCE—power of governor to suspend execu- tion of. 7, 1, p. 188. SEPARATE PROPERTY—of husband and wife, 20, 8, p. 347. SERVANT OF STATH—not to receive extra compen- _ gation, 4, 32, p. 119. SESSIONS OF LEGISLATURE—when to commence, Grete, par 73: limitation of, 4, 2, p. 73. to be open, except, 4, 13, p. 81. of superior courts, 6, 7, p. 1738. of superior courts in San Francisco, 6, 6, p. 170. SEX—not to disqualify for pursuit of lawful busi- ness, 20, 18, p. 352. not to disqualify for admission into colleges, 20, 18, p! 352: not to debar from admission to university, 9, 9, De 199; SHARES OF STOCK—contracts for sale on margin void, 4, 26, p. 112. legislature may regulate purchase and sale of, S266 pet 112: SHERIFF —legislature to provide for election of, 11, Hep 218: SINKING FUND—to be created to meet interest and debts, 11, 18, p. 259. SLAVERY—prohibited, 1, 18, p. 50. coollieism declared a form of, 19, 4, p. 342. SOLDIERS—not to be quartered in time of peace, Pet 2s 17. SONOMA-—-two superior judges to be elected, 6, 6, p. 170. salary of judges, 6, 17, p. 182. SPEAKER OF ASSEMBLY—duty on election re- turns for governor, 5, 4, p. 125. SPEECH—liberty of secured, 1, 9, p. 11. SPECIAL ACTS—prohibited in certain cases, 4, 25, pi 9d: SPECIAL ASSESSMENTS—for city improvements, PieLoOy ps 265. 624 INDEX TO CONSTITUTION OF 1879. SPECIAL COMMISSION—powers not to be delegated to, Art. 11, ‘Sec. 13, p. 256. SPECIAL LEGISLATION—in certain matters pro- hibited, 4, 25, p. 99. prohibited where general laws apply, 4, 25, p. 99. SPECIAL PRIVILEGES AND . IMMUNITIES— restriction on grant, 1, 21, p. 51. when validity to cease, 12, 6, p. 280. SPECIAL RIGHTS—cannot be. granted by special acts, 4, 25, p. 99. SPECIAL SESSIONS—of legislature, how convened, 5,2 O88: power to act in, 5, 9, p. 129. SPECIAL STATUTE—not to create municipal cor- poration, 11, 6, p. 218. STANDING ARMY—not to be kept in time of peace, 1, 42, pAli: STATE—a part of the Union, 1, 3, p. 5. police powers of, p. 71. subdivision into senatorial and assembly districts, 4, 6, p. 75. authority over institutions supported by state aid. 4, 22, p. 88. prohibited to subscribe for corporation stock, 4, $1, pH lie} not to loan its credit, 12, 13, p. 283. nor subscribe for corporation stock, 12, 13, p. 283. to be divided into three railroad districts, 12, 22, p. 289. property of exempt from taxation, 13, 1, p. 294. to replace university fund, 9, 9, p. 199. counties as subdivisions of, 11, 1, p. 298. division into railroad districts, 12, 22, p. 289. control of water rights, 14, 1, p. 321. suits against, 20, 6, p. 347. boundary of, 21, 1, p. 355. STATE BOARD OF EQUALIZATION—constitution of, 18, ¥9, p. 318. election, qualification, and term of office, 13, 9, p. 3138. ’ duties of office, 18, 9, p. 313. to assess railroads and their property, 18, 10, p. 318. INDEX TO CONSTITUTION OF 1879. 625 STATE BOARD OF HEALTH —legislature to pro- vide for, Art. 20, Sec. 14, p. 349. STATH CONSTITUTIONS—defined, p. vii. interpretation and construction, p. vii. construction of terms, p. Vii. provisions, mandatory and prohibitory, 1, 22, p. 52. STATE CONTRACTS—power of eed Oe not to be surrendered, 13, 6, p. 312. STATE INDEBTEDNESS—trestriction on newer of legislature, 16, 1, p. 330. limit to aggregate debt, 16, 1, p. 330. provisions to be made to pay interest, 16, 1, p. 330. as well as for principal, 16, 1, p. 330. provisions as to laws creating debts, 16, 1, p. 330. STATE INSTITUTIONS AND PUBLIC BUILD- INGS—alone entitled to appropriations, 10, 1, p. 204. STATE LANDS—to be granted only to actual set- tiers) 17, 3, p. 334. parcels not to exceed three hundred and twenty acres, 17, 3, p. 334. STATEH OFFICERS—subject to impeachment, 4, 18, p. 8d. election and term of office, 5, 17, p. 183. compensation of, 5, 19, p. 1384. not to accept free passes on railroads, 12, 19, p. 288. STATE PRISON 'DIRECTORS—board of, 10, -1, p. 204. of whom to consist, 10, 1, p. 204. term of office, 10, 1, p. 204. classification of, 10, 1, p. 204. term of appointee to vacancy, 10, 1, p: 204. to have charge of state prison, 10, 2, p. 205. duties of, 10, 2, p. 205. to appoint warden and clerk, 10, 3, p. 205. or remove them for cause, 10, 3, p. 205. no compensation other than expenses incurred, 10, 4, p. 205. powers and duties to be regulated by law, 10, 5, p. 206. convict labor to be regulated, 10, 6, p. 206. Constitution—53 626 INDEX TO CONSTITUTION OF 1879. STATE SCHOOL TAX—to be applied exclusively to primary and grammar schools, Art. 9, Sec. 6, p. 195. STATE TAX ES—municipal corporations not te be re- leased, 11, 10, p. 241. See Revenue and Taxation. STATEMENT OF RECEIPTS AND EXPENDI- TURES TO BE PUBLISHED~4, 22, p. 88. of taxable property to be made, 138, 8, p. 312. STATUTES—enacting clause of, 4, 1, p. 67. validity of, p. x. in part invalid, p. xiv. power to declare unconstitutional, p. x. creating state debts, provisions in, 16, 1, p. 330. constitutionality. of, p. xiv. STOCK OK CORPORATIONS—state peautiea from subscribing for, 4, 31, p. 116. not to be issued except for money, labor, ete., 12eo1 eit ee: fictitious increase to be void, 12, 11, p. 282. state not to be interested in, 12, 138, p. 288. office to be maintained for transfer of, 12, 14, p. 284. subject to assessment for taxation, 13, 1, p. 294. STOCK BOARD—legislature to control sales of stock, 4, 26, p. 112. STOCK HXCHANGE—to be subject to control of legislature, 4, 26, p. 112. STOCK MARK ET—legislature to control sales of stocks, 4, 26, p.,112. STOCKHOLDER—incompetent to appointment to regulate charges, 4, 33, p. 121. individual and personal liability of, 12, 3, p. 274. rights on voting for managers or directors, 12, 129 paecos: to have free access to books, etec., of corporation, 12, 14, ‘p. 284. STOCK OR BONDS—of corporation, restriction on issue, 12, 11, p. 282. fictitious increase void, 12, 11, p. 282. STOCKHOLDERS—subscription to be kept in books, 12, 14, p. 284. STOCKS—taxable, 13, 1, p. 294. STORAGH—charges to be regulated by legislature, 4, 38, p. 121. STREET ASSESSMENTS—pp. 29, 40, 268. INDEX TO CONSTITUTION OF 1879. | 627 STREETS—proceedings for improvement of, Art. 11, Sec. 19, p. 265. estimate of costs and expenses, 11, 19, p. 265. aoe as in proportion to benefits, 11, 19, p. ‘a to be first collected and paid into treasury, 11, 102 p,, 265. may be ‘used by gas and water companies, 11, #9, °p2" 205. municipality to regulate rates for gas and water, Berne: Dp. 265. STREETS AND ALLEYS—local and special legisla- tion prohibited, 4, 25, p. 99. STUDENT—absence not to prejudice right to vote, 24. p. 59. : STYILE—of process, 6, 20, p. 185. SUBJECT OF ACT—to be embraced in title, 4, 24, p. 92. SUBSCRIPTION—to stock to be entered on books, 42°14; p: 81. SUCCHSSION—special legislation prohibited, 4, 25, p. 99. SUFFRAGE-—right to, who entitled, 2, 1, p. 54. who prohibited, 2, 1, p. 54. privilege of electors, 2, 2, p. 57. persons convicted of crimes disqualified from, 20, 11, p. 348. freedom of, to be protected, 20, 11, p. 348. SUITS AGAINST STATE—subject to direction of law, 20, 6, p. 347. SUNDAY LAWS—power of state to enact, pp. 4, 6. SUPERINTENDENT OF PUBLIC INSTRUCTION —an executive officer, 9, 3, p. 193. to be elected, 9, 8, p. 198. when elected, 22, 10, p. 366. salary, when to enter on office, 9, 2, p. 193. SUPERINTENDENT OF PRINTING—to furnish copies of new constitution, 22, 4, p. 362. to furnish ballots for, to county clerks, 22, 5, p. 363. SUPERINTENDENT OF SCHOOLS—for county, election of, 9,-3, p. 198. two or more counties may unite, 9, 3, p. 193. SUPERINTENDENT OF STREETS—control of use of streets, 11, 19, p. 265. 628 " INDEX TO CONSTITUTION OF 1879. SUPERIOR COURT —invested with judicial power, Art. 6, See. 1, p. 187. appellate jurisdiction of, 6, 5, p. 154. jurisdiction of, 6, 5, p. 154. power of naturalization, 6, 5, p. 154. _ appellate jurisdiction from justice’s court, 6, 5, p. 154. always open, certain days excepted, 6, 5, p. 154. may issue writs, 6, 5, p. 154. for each county, 6, 6, p. 170. judges may apportion business, 6, 7, p. 173. judges of different counties may interchange, 6, 8, p. 174. provision of judge pro tempore, 6, 8, p. 174. judge pro tempore to be a member of the bar, 6, 8, p. 174. to be a court of record, 6, 12, p. 180. to appoint commissioners, 6, 14, p. 181. salary of, when payable, 6, 17, p. 182. judges not eligible for other office, 6, 23, p. 187. not to practice law, 6, 22, p. 187. SUPERVISORS—legislature to provide for election of, alle 5: Disels: classification of, 11, 7, p. 225. constitute county boards of equalization, 13, 9, Diode: duties and authority of, 13, 9, p. 313. duty as to common schools, 9, 7, p. 196. as to examination of teachers, 9, 7, p. 196. to fix water rates, 14, 1, p. 321. compulsory process on failure, 14, 1, p. 321. SUPREME COURT—invested with judicial powers, Cee Dales bs to consist of chief justice and six justices, 6, 2, pn. 189. may sit in departments or in bank, 6, 2, p. 1389. to be always open, 6, 2, p. 1389. to be divided into departments one and two, 6, 2 Dasha. justices to be assigned, 6, 2, p. 189. competent to sit in either department, 6, 2, p. 139. may freely interchange, 6, 2, p. 1389. each department to hear and determine causes, Gs actieDiachowes three justices necessary to act, 6, 2, p. 139. INDEX TO CONSTITUTION OF 1879. 629 SUPREME COURT —justice may act at chambers, Art. 6, Sec. 2, p. 139. concurrence of three necessary to judgment, 6, 2, Pp. 139. chief justice to apportion business, 6, 2, p. 139. may order question heard in bank, 6, 2, p. 139. either before or after judgment, 6, 2, p. 139. order to be made within thirty days, 6, 2, p. 1389. and concurred in by two justices, 6, 2, p. 139. its effect is to vacate judgment, 6, 2, p. 139. four justices may order hearing in bank, 6, 2, p. 139. judgment final if order not made in time, 6, 2, p. 139. judgment by department not final till thirty days, Gia, op. 138. unless approved by chief justice and two jus- tices, 6, 2, p. 139. chief justice may convene court in bank at any time, 6, 2, p. 139. to preside, 6, 2, p. 139. concurrence of four necessary for judgment, 6, 26 D.4189. if four do not concur all qualified must sit, 6, 2, D.- 138. and concurrence of four necessary to judgment, Has 139; decisions in all cases to be in writing, 6, 2, p. 139. and grounds to be set forth, 6, 2, p. 189. chief justice may preside in either department, 6, 2, p. 139. justices assigned to select one to preside, 6, 2, p. 139. when may select chief justice, 6, 2, p. 139. when chief justice and justices to be elected, 6, 3, p. 1438. term of office, 6, 3, p. 148. justices first elected to classify by lot, 6, 3, p. 143. so as to vacate two seats every four years, 6, 3, p. 148. entry of classification on minutes, 6, 3, p. 143. pie be filed with secretary of state, 6, 3, p. 143, 630 INDEX TO CONSTITUTION OF 1879. SUPREME COURT—in case of vacancy governor to appoint, Art. 6, Sec. 3, p. 148. first election under new constitution, 6, 3, p. 143. opinions to be published, 6, 16, p. 182. SURVEYOR GENEKAL—subject to impeachment, 4, 18, p. 85. mode and time of election, 5, 17, p. 183. compensation of, 5, 19, p. 1384. legislature may abolish office, 5, 19, p. 184. SUTTER—a superior judge to be decree , 6, p. 170. salary of judge, 6, 17, p. 182. TAX—appellate jurisdiction of supreme court, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, D- 154. commutation of prohibited, 11, 10, p. 241. assessment and collection by municipal corpora- tions, 11;) L2;epy 252: TAXATION—local and special legislation prohibited, 4, 25, p. 99. property cannot be exempted by special acts, 4, 25, p. 99. assessment of revenue under tornakip organiza- tion, 11, 4, p. 211. for inunicipal purposes, restriction of legislature, 11125 Diebes municipal corporations may be invested with powers of, 11, 12, p. 252. to be in proportion to values, 13, 1, p. 328. what property taxable, p. 297. valuation of property, p. 302. for public improvements, p. 299. assessment according to value, p. 302. exemption from, p. 300. licenses, pp. 250, 254. land and improvements to be separately as- sessed, 18, 2, p. 308. of sectionized and unsectionized ia 13, 3, p. 308. securities taxable, 13, 4, p. 308. . a lien on property and securities, 18, 4, p. 308. contract to pay tax on loan void, 138, 5, p. 311. power of, cannot be surrendered in grant or con- tract, Vidg,7Gs pele: INDEX TO CONSTITUTION OF 1879. 631 TAXATION—payment by installments, Art. 13, See. 7 DP; B12. sworn statement to be given annually, 13, 8, p. 312. of property held at a certain day and hour, 18, SD. 312. state board of equalization to be elected, 138, 9, p. 318. county board of equalization, who constitute, 18, ih alo: duties of board, 13, 9, p. 318. property, where assessed, 13, 10, p. 318. state board to assess property of railroads in more than one county, 13, 10, p. 318. and apportion amount among the counties, 13, ROSS, -o.L5. in proportion to number of miles in each, 13, 10, p. 318. income taxes may be assessed, 138, 11, p. 320. annual poll tax may be levied, 138, 12, p. 320. legislature to carry out constitutional provisions, 18, 18, p. 320. See Assessment; Revenue and Taxation. TAXPAYER—statement, when to be made, 13, 8, p. 312. TRACHHRS—examination under control of local boards, 9, 7, p. 196. - certificates on examination, 9, 7, p. 196. TECHNICAL SCHOOLS—may be established, 9, 6, p. 196. TELEGRAPH COMPANIES—legislature may regu- late charges, 4, 33, p. 121. THN DAYS—after session given for approval of bill, 4, 16, p. 82. TERM OF OFFICHK—of assemblymen, 4, 3, p. 73. of senators, 4, 4, p. 74. of governor, 5, 2, p. 125. ot lieutenant-governor, 5, 15, p. 181. of state officers, 5, 17, p. 183. of justices of supreme court, 6, 3, p. 148. of judges of superior courts, 6, 6, p. 170. of superintendent of public instruction, 9, 2, p. 193. of county superintendent of schools, 9, 3, p. 193. of state prison directors, 10, 1, p. 204. 632 INDEX TO CONSTITUTION OF 1879. TERM OF OFFICE—of county officers, Art. 11, See. Dat edae.. ls of city, county, and township officers, 11, 9, p. 240. of county officers not to be extended, 11, 9, p. 240. of railroad commissioners, 12, 20, p. 288. of state board of equalization, 18, 9, p. 213. not herein provided to be declared by law, 20, 16, Dp. 350. not to exceed four years under statute, 20, 16, p. 350. when to commence, 20, 20, p. 353. at first election, 20, 20, p. 353. TEST—not required as a qualification for office, 20, 3, p. 3405. TESTIMONY—on prosecution for lobbying, 4, 35, p. or: TEXT-BOOKS—shall be adopted by local boards, 9, a, p. 196, not to be changed within four years, 9, 7, p. 196. THREE-FIFTHS VOTH—required to amend city charter, 11, 8, p. 227. TICKETS—in lottery, sale of prohibited, 4, 26, p. 112. on transportation lines not to be given at a dis- count, 12, 19, p..265. free tickets prohibited to state officers, 12, 19, p. 265. exception as to railroad commissioners, 12, 21, p. eS: TIDE LANDS—owners of not to exclude right of way over waters adjoining, 15, 2, p. 328. within two miles.of cities or towns to be with- held from sale or grant, 15, 3, p. 328. TITLE OF ACT—to express the subject, 4, 24, p. 92. TOLLS—appellate jurisdiction of supreme court, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. TORTS—imprisonment for,,45.15,,pHyale TOWN COUNCIL—to fix water rates aannAll 14, tL; p.. 321. TOWN GOVERNMENTS—>p. 212. ea PLATS—special legislation Prohipises, 4, 25, nets INDEX TO CONSTITUTION OF 1879. 633 TOWNS—may make police or sanitary regulations, Art. 11, Sec. 11, p. 242. legislature may vest power of taxation in, 11, TZ). D. (202. to appoint inspection officers, 11, 14, p. 258. money collected to be paid into treasury, 11, 16, p. 258. restriction on power to incur debts, 11, 18, p. 259. provisions to be made for payment, 11, 18, p. 259. liabilities of, when void, 11, 18, p. 259. may protect themselves from alien paupers, 19, 1, p. 340. may remove Chinese, 19, 4, p. 342. TOWNSHIPS—prohibited from giving or loaning credit, 4, 31, p. 116. legislature to provide for organization of, by general laws, 11, 4, p. 211. assessment and collection of revenue, 11, 4, p. 211. election and appointment of officers, 11, 5, p. 218. may make police and sanitary regulations, 11, 11, p. 242. power of taxation may be delegated to, 11, 12, p. 252. TOWNSHIP OI. FICHRS—to be governed by general laws only, 4, 25, p. 99. THREE-FOURTHS OF JURY—may render verdict, Lott nela.s. TRANSFER—of corporation stock, where to be made, 12, 14, p. 284. TRANSMISSION—of property rights of foreigner, 1, 17, p. 48. TRANSPORTATION COMPANIES —are common Carriers, 12, 17, p,. 286. right to connect with companies at state line, 12, 17, p. 236. delay or discrimination prohibited, 12, 17, p. 286. supplies or materials not to be furnished by of- ficer or agent of company, 12, 18, p. 287. not to grant free passes to state officials, 12, 19, p. 288. acceptance of such a forfeiture of office, 12, 19, p. 288. exception as to railroad commissioners, 12, 19, p. 288. 634 INDEX TO CONSTITUTION OF 1879. TRANSPORTATION COMPANIES—combination be- tween prohibited, Art. 12, Sec. 20, p. 288. fares and freights once lowered cannot be raised without consent of government, 12, 20, p. 288. government has power to regulate fares and freights, 12, 20, p. 288. discrimination as to persons and places prohib- ited, 12, 21, p. 289. charges to way stations not to exceed charges to stations beyond, 12, 21, p. 289. excursion and commutation tickets may be at special rates, 12, 21, p. 289. state to be divided into three districts, 12, 22, p. 289. a railroad commission to be elected, 12, 22, p. 289. salary and term of office, 12, 22, p. 289. qualification, and disqualification for the office, 12, 22, p. 289. act of majority to be the act of all, 12, 22, p. 289. powers and duties of commission, 12, 22, p. 289. power to fix rates of fares and freights, 12, 22, p. 289. rates fixed deemed fair and reasonable, 12, 22, p. 289. penalty for failure to conform to rates as fixed, 12°22, pe2sy: imprisonment of officer, agent, etc., 12, 22, p. 289. exemplary damages recoverable, 12, 22, p. 289. TREASON—in what consists, 1, 20, p. 50. evidence necessary to convict of, 1, 20, p. 50. reprieve and pardon in case of, 7, 1, p. 188. TREASURER—subject to impeachment, 4, 18, p. 85. refunding moneys, special legislation prohibited, 4, 25, p. 99. mode and time of election, 5, 17, p. 133. term of office, 5, 17, p. 188. compensation of, 5, 19, p. 134. to canvass returns on revision of constitution, 18, 2, DP. 338. TREASURY—money, when and how drawn, 4, 22, p. 88. members of legislature to be paid out of, 4, 23, De. Oks special statute cannot authorize refunding of money, 4, 25, p. 99. INDEX TO CONSTITUTION OF 1879. 635 TRIAL BY JURY-—tright to, Art. 1, See. 7, p. 8. three-fourths may render verdict, 1, 7, p. 8. right te jury may be waived by consent, 1, 7, p. 8. in criminal cases not felonies, 1, 7, p. 8. no person to be twice in jeopardy of same of- tense, 1, 13, p. 17. nor compelled to be witness against himself, 1, 13, poi: TRIAL FOR LIBEL—evidence in, 1, 9, p. 11. TRIAL OF IMPEACHMENT~4, 17, p. Sit TRUSTEEHS—of corporations and LORRI SE liable for embezzlement, 12, 3, p. 27 TWO-THIRDS VOTE—required to pass bill over veto, 4, 16, p. 82. for conviction on impeachment, 4, 17, p. 84. for increasing or diminishing number of judges, 6, 9, p. 174. for removal of justices and judges, 6, 10, p. 175. for removal of county seat, 11, 2, p. 208. on proposed amendments to constitution, 18, 1, p. 337. on revision of constitution, 18, 2, p. 338. se Beg eee os OL and void, 4, 119. ee erreraD LANDS—at wher value assessed, 13, '2, p. 808. UNDUE INIFLUENCEH—on elections prohibited, 20, 11, p. 348. UNIFORM OPERATION OF GENERAL LAWS—1, LinDeblb. UNITED STATES—official incompetent to hold state office, 4, 20, p. 87. property exempt from taxation, 13, 1, p. 294. UNITED STATES SENATOR—-governor ineligible to : office of, 5, 20, p. 280. UNIVERSITY—appropriations, when prohibited, 4, 30, p. 116. to constitute a public trust, 9, 9, p. 199. organization and government of, 9, 9, p. 199. legislative control over, 9, 9, p. 199. to be independent of political and sectarian con- Ete. oo, sD. 109. fund, how appropriated, 9, 9, p. 199. sex not to debar admission to, 9, 9, p. 199. 636 INDEX TO CONSTITUTION OF 1879. USE OF STREETS—by gas and water companies, Art. 11, Sec. 19, p. 265. conditions of, 11, 19, p. 265. VACANCY—in legislature, how filled, 4, 12, p. 80. in office, when filled by governor, 5, 8, p. 126. in office of governor, how filled, 5, 15, p. 131. to fill vacancy in justices of supreme court, 6, 3, p. 143. in superior court, 6, 6, p. 170. of state prison directors, how filled, 10, 1, p. 204. in board of supervisors, by whom filled, 11, 7, p. 225. in office of railroad commission, 12, 22, p. 289. VALIDATING ACTS—of deeds, wills, etc., by special legislation, prohibited, 4, 25, p. 99. VALIDITY—of statutes, p. x. when in part invalid, p. xiv. See Statutes. VENUE-—special acts to change prohibited, 4, 25, p. 99. VETO—power of governor, 4, 16, p. 285. two-thirds of members elected may pass Dill over, 4, 16, p. 82. VIVA VOCE—elections by legislature to be, 4, 28, p. 115. VOCATION—sex not to disqualify from following, 20, 18, p. 353. VOTE—property qualification not to be required, 1, 24, p. 53. qualification for right to, 2, 1, p. 54. to be by ballot, 2, 5, p. 60. on election by legislature to be viva voce, 4, 28, p. 115. and entered on journal, 4, 28, p. 115. on removal of county seat, 11, 2, p. 208. two-thirds required, 11, 2, p. 208. ou organization of county governments, 11, 4, p. 21k: + on city charter, how taken, 11, 8, p. 227. three-fifths required, 11, 8, p. 227. corporations may cumulate or distribute, 12, 12, p. 283. to be taken on creation of state debt, 16, 1, p. 390. ‘INDEX TO CONSTITUTION OF 1879. 637 VOTE—on proposed amendment to constitution, Art. 18, See. 1, p. 337. on revision of constitution, 18, 2, p. 338. VOTPRS—property qualification not required, 1, 24, p. 53. who are and who are not, 2, 1, p. 54. privilege from arrest, 2, 2, p. 57. exemption from militia duty, 2, 3, p. 59. residence, test of, 2, 4, p. 59. persens convicted of certain crimes disfran- chised, 20, 11, p. 348. WAIVER —of right to trial by jury, 1, 7, p. 8. WARDEN OF STATE PRISON—appointment of, 10, 3, p. 205. power to appoint officers and employees, 10, 3, p. 205. duties to be defined by legislature, 10, 5, p. 206. WARRANTS—of arrest, issuance of, 1, 19, p. 50. WATER —tright to introduce into cities, etc., 11, 19, p. 265. WATER AND WATER RIGHTS—14, 1, p. 321. appropriation declared a public use, 14, 1, p. 321. subject to regulation and control of state, 14, 1, p. 321. rates to be fixed by supervisors annually, 14, 1, pp. Sal. order, when to take effect, 14, 1, p. 321. peremptory process on failure to fix rates, 14, 1, p. 321. - forfeiture of franchise for collecting other than established rates, 14, 1, p. 321. right to collect rates a franchise, 14, 2, p. 326. to be exercised under authority of law, 14, 2, p. 326. WATER COMPANIES—in cities, right to regulate charges, 11, 19, p. 265. WATER FRANCHISE—when liable to forfciture, 1 pe S21. WATER RATES—in cities and towns, to be fixed annually by supervisors, 14, 1, p. 321. forfeiture for excessive charges, 14, 1, p. 321. WATER WORKS—zground of forfeiture, 14, 1, p. 321. WATERING STOCKS—by fictitious increase, void, 12, 11, p. 282. Constitution—}54 638 INDEX TO CONSTITUTION OF 1879. WHARFAGE—charges to be regulated by legisla- tion, Art. 4, Sec. 33, p. 121. WITE--separate property of, 20, 8, p. 347. WILLS—cannot be validated by special acts, 4, 25, p.- 99. WITNESS—no religious restrictions, 1, 4, p. 6. not to be unreasonably detained, 1, 6, p. 7. nor confined with criminals, 1, 6, p. 7. deposition of in criminal casés, 1, 13, p. 17. right of accused to have, 1, 13, p. 17. no person to be compelled to testify against him- selind, 13. pelt. concurrence necessary in treason, 1, 20, p. 50. WRITS—appellate jurisdiction of supreme court, 6, 4, p. 144. where returnable, 6, 4, p. 144. original jurisdiction of superior court, 6, 5, p. 154. unaffected by adoption of new constitution, 22, 2,.p. 361. YEAS AND NAYS—to be taken on final passage of bills, 4, 15, p. 81. to be entered on minutes, 4, 15, p. 81. to be taken on vote on proposed amendments, 18. 1p. pale YUBA—a superior judge to be elected, 6, 6, p. 170. salary of judge, 6, 17, p. 182. te LES toby ren ek : i ' Ean we 4 wer i ee a : be Ge LIE say). ‘ | é Ny Ree i 2M * me 0: - w | \ s ae vr R. G. McC MAN a 3 | oe : McComiss SAR Ai eee JOSE, ca ? WANA 112 12017