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 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY

 
 Cd/iforr^'B. (^^fitufioiA 
 
 SUPPLEMENT 
 
 TO 
 
 TREADWELL'S 
 
 CONSTITUTION OF CALIFOENIA 
 
 Containing Citations prom Volumes 133 to 143 of 
 
 California Reports, and Amendments 
 
 Adopted November 4, 1902, and 
 
 November 8, 1904 
 
 SAN FRANCISCO 
 BANCROFT-WHITNEY COMPANY 
 
 Law PuBLisuE.is and Law Booksellers 
 1905
 
 
 ^ 
 
 6 

 
 SUPPLEMENT TO TREADWELL'S CON- 
 STITUTION OF CALIFORNIA. 
 
 Article I, Section 1. 
 
 An act making it nnlawfxil 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 Gal. 122, €8 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.) 
 
 Article I, Section 5. 
 
 The writ of habeas corpus will not issue when the 
 restraint is not real, but merely nominal and permis- 
 sive. (In re Gow, 139 Cal. 242.) 
 
 Article I, Section 7. 
 
 Section 1192 of the Penal Code, conferring upon 
 the court the power to determine the degree of a 
 crime upon a plea of guilty, is not unconstitutional 
 as infringing upon the right of trial by jury. (Peo- 
 ple v. Chen Lan Ong, 141 Cal. 550.) 
 
 The power of the court to grant a new trial for 
 insufficiency of the evidence, or for excessive dam- 
 ages, does not violate the right of trial by jury. 
 (Ingraham v. Weidler, 139 Cal. 588.) 
 
 Article I, Section 9. 
 
 It is proper for the court to inform the jury as to 
 the rules of evidence, and the law applicable to the 
 (3)
 
 4 SUPPLEirENT TO 
 
 case, and to tell them that they should go contrary 
 to the instmetions of the court only when they have 
 a deep and confident conviction that the court is 
 ■nrong, and that they are right. (People v. Seeley, 
 139 Cal. 118.) 
 
 Article I, Section 11. 
 
 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 vio- 
 lation of this provision. (Van Harlingen v. Dovle, 
 134 Cal. 53, 66 Pac. 44.) 
 
 * An act making it unlawful to buy or sell quail is 
 not in violation of this section. (Ex parte Kenneke, 
 1S6 Cal. 527, 69 Pac. 261.) 
 
 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 regulating the practice of medicine and 
 surffery does not violate this section. (Ex parte 
 Gerino, 143 Cal. 412.) 
 
 A law is uniform in its operation if it applies alike 
 1-^ nil persons or objects within the class to which it 
 relates. (Euperich v. Baohr, 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.) 
 
 Ah to the uniform operation of the County Gov- 
 ernment Act, wliich goes into effect at different times 
 as to different counties, see Freman v. IMarsliall, 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.) 
 
 T'he act providing for the applicntiou of the sal- 
 aries of pulilic oHicers to the payment of their debts
 
 TREADWELL'S constitution of CALIFORNIA. 5 
 
 is not unconstitutional because not uniform in its op- 
 eration. (Euperich v. Baelir, 142 Cal. 190.) 
 
 Article T, 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. 
 81:8.) 
 
 Where the court is prohibited from pronouncinsf 
 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 
 Lambeit, 134 Cal. &26, 66 Pac, 851.) 
 
 A vested right in a pension fund is property within 
 the meaning of this provision. (Kavanagh v. Board 
 of Police P.P. 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 vear after pro- 
 bate. (Estate of Davis, 136 Cal. 590-, 69 Pac. 412.) 
 
 An ex parte order for alimony is void. (Baker v. 
 Baker, 136 Cal. 302, 68 Puc. 97i.) 
 
 The so-called front foot method of assessment is 
 valid. (San Francisco Pav. Co. v. Bates, 134 Cal. 33, 
 661 Pac. 2; Chapman v. Ames, 135 Cal. 246, 67 Pac. 
 1125; Belsor v. Allman, 134 Cal. 399, 66 Pac. 492; 
 Eeid V. Clay, 134 Cal. 207, 66 Pac. 262; Alameda v. 
 Cohen, 133 Cal. 5, 65 Pac. 127; German Sav. etc. Soc. 
 v. Eamish, 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 fact that the street bond act does not in terms 
 give a lienholder an opportunity to object, does not 
 render it unconstitutional. (German Sav. etc, Soc. v. 
 Eamish, 138 Cal. 120.) 
 
 Article I, Section 14, 
 
 The fact that a road is called a private road does 
 not prevent the condemnation of land therpfor. 
 (County of Madera v. Eaymond 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. etc. Soc. v. Eami-h, 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, 13-i Cal. li(50, l56i Pae. 
 875.) 
 
 Article I, Section 21. 
 
 A statute providiug 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 v. 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, 
 forbi<lding 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.) 
 
 Article II, Section 6. 
 
 Sec. 6. The inliil)itions of this Constitution 
 to the contrary notwithstanding, the legislature 
 shall have power to provide that in different 
 parts of the state difTercnt methods may be em- 
 ployed for receiving and registering the will of
 
 TKEADWELL'S CONSTITUTIOIf OF CALIFORNIA. 7 
 
 the people as expressed at elections, and may 
 provide that meclianical 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 Til, Section 1. 
 
 .The legislature may invest judicial officers with 
 power to punish for contempt. (Crocker v. Conrev, 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, 185 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 SUPrLEMEXT TO 
 
 The act of April 9, 18S0, amending one hundred aud 
 eitrht sections of the Penal Code, reponling ten sec- 
 tions, and adding a new section thereto, is not a 
 revision of the entire code, requiring a republication 
 thereof. (Peorle v. Oates, 142 Cal. 12.) 
 
 An act entitled an act to amend a particular sec- 
 tion of one of the codes suflficientlv states the sub- 
 ject of the act. (People v. Gates, 142 Cal. 12.) 
 
 An act purporting in its title to deal wit'h publica- 
 tions by certain public officers cannot in the body of 
 the act provide for other classes of publications. 
 (Estate of Molone, 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 Codo, 
 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 a 
 named code relating to a named subject is sufficient 
 to embrace all matters relating to such subject. 
 (Devoo V. Supf>rior Court, 140 Cal. 476.) 
 
 The ease of Abeol v. Clark, 84 Cal, 226, approved 
 as to the constitutionality of an "Act to encourage 
 and provide for general vaccination in the stnte 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 v. Police Court, 139 
 Cal. 718.) 
 
 Siibject of act held to be within title. (Jackson 
 V. Baehr, 138 Cal. 266.) 
 
 The provision of the act regulating the practice of 
 7i!C(lifine and surgery, that tiie board of examinors 
 sliall be elected liy various medical societies does not
 
 TREADWELL'S CONSTITUTION OF CALIFORNIA. 9 
 
 grant any special right, privilege, or immunity to 
 suc'h 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 Pae. 729.) 
 
 An act relating to license taxes in cities of a par- 
 ticular class is not a special law. (Ex parte Jack- 
 sou. 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- 
 cree shall not be entered until the expiration of one 
 vear from the filing of the decision, is valid. (Deyoe 
 V. Superior Court, 140 Cal. 476.) 
 
 The case of Abeel v. Clark, 84 Cal. 226, approved 
 as to the constitvitionality 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 
 cl^ss is founded upon intrinsic differenf^es, requiring or 
 reasonablv justifying different regulations. (Eupe- 
 rich V. Paehr, 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. 
 
 Ser-tion 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. Tuba 
 County, 138 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 25%. 
 
 Sec. 25-1. 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 
 Xovember 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 giv^ an offii'er in- 
 creased compensation over that fixed by law when liis 
 term coninu'iice<l, by ratifying the pavment of such 
 increased compensation. (County of Butte v. Merrill, 
 141 Cal. 396.)
 
 TREADWELL'S CONSTITUTION OF CALIFORNIA. 11 
 
 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 incorporated 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 v. Superior Court, 140 Cal. 1.) 
 
 The legislature may invest judicial officers with 
 power to punish for contempt. (Crocker v. Conrev, 
 140 Cal. 213.) 
 
 The supreme court only has jurisdiction in probate 
 proceedings as may be provided by law. (Estate of 
 Cahill, 142 Cal. 628.)
 
 12 SUPPLEMENT TO 
 
 An action to foreclose a mechanic's lien ov to 
 reach the fund in the hands of the owner, being an 
 equitable action, is within the appellate jurisdietinu 
 of the supreme court. (Weldon v. 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 equit}'^ 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 
 tine, 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 liabeas corpus to any part of the state, 
 upon ])ctition by or on behalf of any person held 
 in actual custody, and may make sucli 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, Xapa, Yolo, Placer, 
 Solano, Sacramento, El Dorado, San Joaquin, 
 Amador, Calaveras, Stanislaus, Mariposa, Madera, 
 Mercedj 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 he open for the transaction of hnsine^^s. 
 
 The district courts of appeal shall have appellate 
 jurisdiction on appeal from the stiperior courts in 
 all cases at law in which the demand, exclusive of 
 interest, or the value of the pro]ierty in contro- 
 versy, amounts to three hundred dollars, and does 
 not amount to two thousand dollars; also, in all 
 cases 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 
 liy 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 criuiinal cases where judgment 
 of death has been rendered. The said courts 
 shall also have appellate jurisdiction in all cases, 
 matters, and proceed ings pending before the su- 
 preme court which sliall be ordered bv 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, 
 find all other writs necessary or proper to the com- 
 plete exercise of tbeir appellatc^ jurisdiction.
 
 TREADWELL 'S CONSTITUTION OF CALIFORNIA, 15 
 
 Each of the justices thereof shall have power to 
 issue writs of habeas corpus to any part of his ap- 
 pellate district upon petition hy 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 appeal 
 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 he 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 he members of the sauie 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 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 olhcc 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 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 
 of appeal shall be the presiiling justice thereof.
 
 TKEADWELL'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 Itusiness 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- 
 perior 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 appl}'' 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 
 othenvise 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, 190-i.) 
 
 Article VI, Section 5. 
 
 The superior courts are state courts. (Pratt v. 
 Browne, 135 Cal. 649, 67 Pac. 10S2.) 
 
 Tiiere is only one supei'ior court in each county. 
 (Carter v. 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 be brought in the 
 county in which the judgment wrs recovered. (Herd 
 V. Tuohy, 133 Cal. 55, 65 Pac. 139.) 
 
 The probate court has exclusive jurisdiction of lega- 
 cies. (Drinkhouse v. Merritt, 134 Cal. 5S0, 66 Pac. 
 785.) 
 
 The probate court has no jurisdiction to settle a dis- 
 puted Claim by a third person against the guardian or 
 fhe 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. Sohlcr, 135 Cal. 
 323, 67 Pac. 282.) 
 
 Questions in regard to assignments made by an 
 heir apparent are not within the scope of proljate 
 prococflings. (Estate of Ryder, 141 <^nl. 306.) 
 
 Wliere several plaintifl's sue togotiier on several di.s- 
 tinct claims each for less than three liundred dollars, 
 and the court enters a joint judgment for the entire
 
 TEEADWELL's COXSTITUTION of CALIFORNIA. 19 
 
 amount of the clain;s, the judgment is void. (Winrod 
 V. Wolters. 1-il Cal. 399.) 
 
 The proviso to this section is to be strictly con- 
 strued, and does not include 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 all the property which 
 lias come into his hands, on the ground th;it the ad- 
 ministration was granted on the estate of a living 
 person. (Costa v. Superior Court, 137 Cal. 79.) 
 
 The detern'.ination nf a j'.idanient 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 v. Brown, 141 Cal. 93.) 
 
 Article VT, Section 6, 
 
 The departments of the superior court of a single 
 county, though theoretically one court, are practically 
 as 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 v. Superior Court, 
 139 Cal. 469.) 
 
 The legislature has no power to increase or diminisli 
 the temi 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 suc- 
 cessor has been elected or appointed. (People v. 
 Campbell, 13S 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 bo removed by concurrent 
 resohition of both houses of the legislature 
 adopted by a two-thirds vote of each house. All 
 other JTidicial ofTiccrs, 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 tho 
 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 VT, Section 11. 
 
 The pa' tics to an action in the justices' court can- 
 not confer jurisdiction uimn the court of an action 
 involving the title or possession of real estate by 
 failing to plea<l su<'h lack of jurisdiction by verified
 
 TRKADWELL 'S CONSTITUTION OF CALIFORNIA. 21 
 
 answer. (King v. Kntner-Goldstein Co., 135 Cal. 60, 
 67 Pac. 10.) 
 
 The board of supervisors of a comity may by or- 
 dinance abolish two contiguous judicial townships 
 having a justice's court in each, anil may establish 
 one new consolidated township, comprising thp 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 has delegated to the 
 supervisors under general lav,'S, and automatically es- 
 tablishes a justice's court in each township estab- 
 lished by t'he local body which continvies while the town- 
 ship exists, and is merged in another justice's coui't 
 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 provi rlo for the 
 speedy publication of such opinions of the su- 
 preme court and of the district courts of appeal 
 a:< 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- 
 prem.e 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 ISTovember 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 Xovember 8, 1904.) 
 
 Article VI, Section 19. 
 
 An instruction that "under the case and proofs as 
 here made no presumption of negligence arises against 
 the defendant from t'he mere fact that an accident 
 has occurred," violates this provision. (Sullivan v. 
 Market St. Ry. Co., 1.-56 Cal. 479, 69 Pac. 143.) 
 
 An instruction that the condemnation sought is 
 not necessarv is an instruction upon a matter of fact. 
 (Santa Ann "v. Gildmacher, ^X'^ Cal. 395, 6.1 Pac. SS."?.) 
 
 The provision of section 2061 of the Code of Civil 
 Procedure that the jury are, on all proper occasions,
 
 TREADWELL 'S CONSTITUTION OF CALIFOKNIA. 23 
 
 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- 
 lates this provision. (People v. Wardrio, 141 Cal. 
 229.) 
 
 Instruction on matter of fact held error. (Kerri- 
 gan v. Market St. Ey. Co., 138 Cal. 506.) 
 
 An instruction that if the jury believe a pTrticular 
 witness they shall render a verdict accordingly is 
 error, (People v. 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 tlie 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, 
 190-i.) 
 
 Article VI, Section 23. 
 
 Sec. 23. No one shall be eligible to the office 
 of a jiistice of the su]irome court, or of a district 
 court of appeal, or of a judge of a superior court,
 
 24 SUPPLEMENT TO 
 
 unless he shall have been admitted to practice be- 
 fore the supreme court of the state. (Amend- 
 ment adopted November 8^ 190-i.) 
 
 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 all 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 1st, A. D. 1905. (Amendment adopted 
 Noveuiber 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 V. Slavin, 143 Cal. 325.) 
 
 Article IX, 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.) 
 
 AH 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 the county where the land lies" was 
 not an "appropriation" of these moneys. (McCord v. 
 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, i41 Cal. 372.)
 
 26 6ITPPLES^E^'T TO 
 
 The term "public schools" in section 798 of the 
 Municipal Corporation Act does not embrace high 
 schools. (Brown v. City of Visalia, 141 Gal. 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- 
 doweil 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. (Xew section added by 
 amendment approved November 8, 1904:.) 
 
 Article XT, Section 3. 
 
 The question of the liability of the new and old 
 counties is purely legislative. (Eiverside Co. v. San 
 Bernardino Co., 134 Cal. 517, 66 Pac. 788.) 
 
 Article XI, Section 5. 
 
 The legislature cannot delegate the power given it 
 bv this section. (People v. Wheeler, 136 Cal. 652, 69 
 P'ac. 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 ("nl. 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 v. 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 SUPPLEJrEXT TO 
 
 be exercised by subordinate bodies. (Vernon v. Su- 
 pervisors, 142 Cal. 513.) 
 
 A provision in a city charter couferrin:;; 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, 110 Cal. 554.) 
 
 Banaz v. Smith, 133 Cal. 102, approved. (German 
 Sav. etc. Soc. v. Eamish, 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 popnlation 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 tlic mayor there- 
 of, or other chief executive officer of such city, 
 and the other to the recorder of the county. Sucb 
 proposed charter shall tben be pul)lished in two 
 daily newspapers of general cirouhition in such 
 city, for at least twenty days, and the first pub-
 
 TRKADWELL'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 its 
 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 cousolidated 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 supplemi:nt 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 
 daA'S 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 chnrter 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 takinp; effect, 
 merely means that the machinery of the new govern- 
 ment shall not start until the later date and does not 
 conflict with the provision for a prcliniinary election. 
 (Trafton v. Qiiinn, 143 ("al. 4(39.)
 
 TEEADWELL'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 Eosa v. 
 Bower, 142 Cal. 299.) 
 
 Article XI, Section SMs- 
 
 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 
 bj^ the of&cers, 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. 
 11.) 
 
 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 srrPLEirEXT to 
 
 access to police officers, when three or more persons 
 are present, anv 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 
 rrasworks 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 
 citv limits is valid. (Odd Fellows' Cera. 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 whore meals are not so cooked and served 
 is valid. (Ex parte Lemon, 143 Cal. 5o8.) 
 
 License taxes for revenue are taxes within the 
 moaning of this section. (Ex parte Jackson, 143 Cal. 
 564.) 
 
 Article XT, Sef'tion IS. 
 
 This provision does not apply to a board of trustees 
 of a free public lil rary of a city. (RoVertson 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 etc. 
 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. (Dolaud v. 
 Clark, 143 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 "damages and in- 
 demnity for damages." (In re Johnston, 137 Cal. 
 115.) 
 
 Article XII, Section 3. 
 
 As to who is a stockliolder 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 is 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 Pac. 
 77.) 
 
 This provision is not in violation of the federal 
 constitution. (Winchester v. Howard, 136 Cal. 432, 
 €9 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 is brought under this pro-
 
 34 SUPPLEMENT TO 
 
 vision. (Winchester v. Howard, 136 Cal. 432, 69 Pnc. 
 77.) 
 
 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 etc. See, 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 brouglit in the county of the 
 principal place of the corporation defendant. (INFiller 
 & 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 public 
 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 Imsiness in this state, is 
 taxable in tliis state as a solvent credit. (Pacific
 
 TEEADWELL'S CONSTITUTION OF CALIFORNIA. 35 
 
 Coast Sav. Soc. v. San Francisco, 133 Cal. 14, 65 Pac. 
 16.) 
 
 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 meth'od 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. 27<3. 
 
 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 th^s 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 v. 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. If. All bonds hereafter issued by the 
 State of California, or by any county, city and 
 county, municipal corporation, or district (in- 
 cluding 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 SUPPLEifEXT 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 shuU pay 
 the interest on the mortgage. (Matthews v. Oimerd, 
 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 etc. Co. v. Boas, 136 
 Cal. 419, 69 Pac. 18.) 
 
 Article XIII, Section 10. 
 
 This provision has reference to the permanent 
 situs of the property, as distinguished from the place 
 of temporary sojourn, or transit. (Rosasco v. 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 v. 
 Southern Pac. R. R. Co., 137 Cal. 659.) 
 
 Articule XIII, Section IOV2. 
 
 Sec. 10^. 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. 3? 
 
 added by amendment approved November 8, 
 1904.) 
 
 Article XIII, Section 13. 
 
 Under this provision the legislature may define the 
 words "improvements" and "property." (Miller v. 
 County of Kern, 137 Cal. 516i.) 
 
 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. (Hildret'h v. 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 establis'hed," 
 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- 
 cution of an ordinance establishing water rates, see 
 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 fhe 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.)
 
 38 SrPPLEMEXT TO 
 
 Article XX, Section 9. 
 
 A trust for the perpetual care of a burial plat is in 
 violation of this provision. (Estate 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 v. 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 Eights. 
 (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 bv 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 Pac. 
 435.) 
 
 This section only applies to officers whose term is 
 "not provided for in the constitution" and docs not 
 apply to superior judges. (People v. Campbell, 138 
 Cal. 11.) 
 
 Article XX, Section 17. 
 
 Sec. 17. The time of service of all laborers 
 or workmen or mechanics employed upon any 
 public works of tlie state of California, or of any 
 county, city ami county, city, town, district.
 
 TREADWELL 'S CONSTITUTION OF CALIFORXIA. 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, 1903.)
 
 40 SUPPLEMEXT TO 
 
 STATUTES DECLAEED UNCONSTITUTIONAL IN 
 
 WHOLE OE IN PAET. 
 Statutes. Page. Chapter. Case. 
 
 1873-4 320 453 Weher v. Santa Clara, 59 CaL 
 
 265. 
 1S80 119 109 Bixler's Appeal, 59 Cal. 550; Bix- 
 ler V. Sacramento, Z9 Cal. 689. 
 (Decision of Superior Court.) 
 1880 131 118 Krause v. Durbrow, 127 Cal. 681, 
 
 60 Pac. 438. 
 1889 3 5 Sehaezlein v. Cabaniss, 135 Cal. 
 
 466, 67 Pac. 755. 
 Patty V. Colgan, 97 Cal. 251. 
 Bourn v. Hart, 93 Cal. 321. 
 Bradley v. Clark, 133 Cal. 196, 65 
 Pac. '395. 
 
 1893 229 188 Provident etc. Assn. v. Davis, 
 143 Cal. 253. 
 Knijrht V. Martin, 128 Cal. 245. 
 
 Conlin v. Supervisors, 114 Cal. 
 404. 
 
 Eeid V. Groezinger, 115 Cal. 551. 
 
 Estate of Mahoney, 133 Cal. ISO, 
 
 65 Pac. 389. Overruled in Es- 
 tate of Johnson, 139 Cal. 532. 
 
 Matter of Lambert, 134 Cal. 626, 
 
 66 Pac. 851. 
 Van Harlingen v. Doyle, 134 Cal. 
 
 53, 6<3 Pac, 44; Ex pirte An- 
 derson, 134 Cal. 69, 66 Pac. 
 194; Pratt v. Browne, 135 Cal. 
 649, 67 Pac. 1082. 
 
 1891 
 
 450 
 
 231 
 
 1891 
 
 513 
 
 279 
 
 1893 
 
 12 
 
 16 
 
 1S93 
 
 346 
 
 234 
 
 1895 
 
 348 
 
 223 
 
 1895 
 
 267 
 
 207 
 
 1897 
 
 77 
 
 83 
 
 1897 
 
 311 
 
 227 
 
 1897 
 
 452 
 
 277
 
 TREADWELL'S constitution of CALIFORNIA. 41 
 
 CALIFOENIA CITATIONS TO CONSTITUTION OF 
 
 1879. 
 
 [Citations are to California Reports, Vols. 133 to 143.] 
 
 I-l 
 
 III-l 
 
 VI-4 
 
 IX-6 
 
 133 354 
 
 140 1 
 
 138 429 
 
 134 65 
 
 133 377 
 
 
 142 628 
 
 141 375 
 
 136 125 
 
 IV-1 
 
 
 
 
 139 28 
 
 VI-5 
 
 XI-1 
 
 1-7 
 
 
 133 59 
 
 134 70 
 
 139 589 
 
 IV-21 
 
 134 588 
 
 
 1-9 
 139 121 
 
 136 445 
 
 138 70 
 
 XI-3 
 
 IV-24 
 
 138 154 
 140 133 
 
 134 522 
 
 I-ll 
 134 55 
 
 133 76 
 
 
 XI-4 
 
 134 478 
 
 VI-6 
 
 134 70 
 
 136 528 
 
 135 652 
 
 133 455 
 
 
 137 481 
 
 139 463 
 
 135 653 
 
 XI-5 
 
 138 381 
 
 140 487 
 
 138 15 
 
 134 70 
 
 140 487 
 
 141 334 
 
 139 477 
 
 135 650 
 
 143 414 
 
 142 13 
 
 
 136 376 
 
 
 143 258 
 
 VI-7 
 133 455 
 
 136 655 
 
 1-13 
 133 351 
 
 143 627 
 
 141 429 
 141 726 
 
 136 125 
 
 IV-25 
 
 
 
 
 135 518 
 
 VI-11 
 
 XI-6 
 
 1-14 
 
 137 518 
 
 133 76 
 
 133 104 
 
 133 105 
 
 138 381 
 
 143 246 
 
 135 519 
 
 137 579 
 
 140 480 
 
 
 138 131 
 
 137 621 
 
 142 195 
 
 VI-17 
 
 138 152 
 
 
 143 414 
 
 138 37 
 
 141 207 
 
 1-15 
 
 
 
 142 515 
 
 134 661 
 
 IV-31 
 
 VI-19 
 133 398 
 
 143 553 
 
 1-21 
 
 138 273 
 143 331 
 
 143 567 
 
 1.34 55 
 
 
 
 XI-8 
 
 137 181 
 
 IV-32 
 
 IX-4 
 
 133 104 
 
 143 414 
 
 138 275 
 
 143 331 
 
 134 52 
 
 143 573 
 
 
 
 138 131 
 
 
 YI-1 
 
 IX- 5 
 
 141 207 
 
 TT-l 
 
 140 12 
 
 134 65 
 
 142 300 
 
 136 451 
 
 143 246 
 
 141 376 
 
 143 556
 
 THE 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF CALIFORNIA. 
 
 Adopted in Convention, at Sacramento, March 3, 1879 ; 
 Ratified by a Vote of the People 
 
 May 7, 1879. 
 
 annotated by 
 EDWARD F. TREADWELL, LL. B. 
 
 (Of the San Francisco Bar) 
 Author of Annotated San Francisco Charter. 
 
 Together with a Table of Statutes Declared Unconstitu- 
 tional, Table of Parallel Sections in the Constitu- 
 tions of 1849 and 1879, Table of California Cita- 
 tions to Constitutions of 1849 and 1879, and 
 also with an Appendix Containing the 
 Constitution of California of 1849, 
 the Constitution of the United 
 States, and the Treaty of 
 Guadalupe Hidalgo. 
 
 Containing all Citations in California Reports 
 Vols. 1 to 132. 
 
 SAN FRANCISCO: 
 
 BANCROFT-WHITNEY COMPANY, 
 
 Law Ptjblisheks and Law Booksellers. 
 1902.
 
 Copyright, 1902, 
 
 By 
 
 Bancroft- Whitney Company.
 
 TABLE OF CONTENTS. 
 
 Pagos 
 Introduction v-xvi 
 
 Table of Cases Cited xvii-lii 
 
 Table of Contents of Constitution of 1879. .liii-lxiii 
 
 Constitution of California of 1879, Anno- 
 tated 1-371 
 
 Table of Statutes Declared Unconstitu- 
 tional 372-377 
 
 Table of Pai-allel Sections in Constitutions 
 
 of 1819 and 1879 ^ 378-381 
 
 Table of California Citations to Constitu- 
 tion of 1849 382-385 
 
 Table of California Citations to Constitu- 
 tion of 1879 386-394 
 
 APPENDIX: 
 
 Constitution of California, 1849 397-447 
 
 Constitution of the United States 451-494 
 
 Treaty of Guadalupe riidalgo 195-525 
 
 Index to Constitution of U. S 527-557 
 
 Index to Constitution of California, 1879. . 559-()38 
 (iii)
 
 INTRODUCTION. 
 
 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 i;ntouched. 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)
 
 n IXTKODUCTION. 
 
 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 
 syllahi of the decisions. 
 
 HISTORY OF THE CONSTITUTION .—Calif or- 
 
 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 clfcct July 4, 1879, so far 
 as it related to election of odicors, etc., 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. 
 Eogers, 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. Ill; Oakland Pav. Co. v. Hilton, 69 
 Cal. 479, 11 Pac. 3; Oakland Pav. Co. v. Tomp- 
 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 v. Superior Court, 58 Cal. 
 88.)
 
 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. Eoss, 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. Teschemakcr, 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 Misc. 
 Rep. 100; Higgins v. Prater, 91 Ky. 6; State v. 
 Doron, 5 Nev. 399.) 
 
 Judicial decisions. — Where a provision of the 
 former constitution, whicli lias received a judi- 
 cial construction, is cojjied into llie now consti- 
 tution, it will be presumed that it was adopted in
 
 lATRODUCTIOX. 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 v. 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 b}^ 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 v. 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.
 
 INTRODUCTION. 
 
 313; Emery v. Eeed, 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. Dunstcr, 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 
 V. Hall, 7 Cal. 1.) 
 
 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 otlier 
 departments. (Nougues v. Douglass, 7 Cal. 65; 
 McCauley v. Brooks, 16 Cal. 11.) 
 
 But where the riglit 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. (Noiigiies 
 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 Pac. 
 272; People v. Hayne, 83 Cal. Ill, 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-
 
 Xn INTRODUCTION. 
 
 tion. (Stockton etc. E. E. 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 wliicli lias 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. Yuha Co., 13 Cal. 175.) 
 
 Conflict with another statute. — The constitu- 
 tionality of one act cannot be tested by the pro- 
 visions of another. (Eeed v. Omnibus E. E. 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. E. E. 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 — ii
 
 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 ITNCONSTITUTIONALITY— 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 otlier, and the constitutional pro- 
 visions are capable of being carried into effect after 
 the unconstitutional part has been eliininated, 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 tlic slatuto read as if such provisions were not 
 there. (Hale v. McGcttigan, 114 Cal. 112, 45
 
 INTKODUCTION. 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; Eeed 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. 133; People v. Perry, 79 Cal. 105, 21 Pac. 
 423; Marsh v. Supervisors, 111 Cal. 368, 43 Pac. 
 975 ; Lathrop v. Mills, 19 Cal. 513 ; Picche v. Paul, 
 22 Cal. 105.) 
 
 Contracts and other statutes. — Xo 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-
 
 INTEODL'CTIOX. 
 
 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. 
 
 Abeel V. Clark 93, 94, 102, 101, 248, 341 
 
 Ableinan v. Booth 5 
 
 Adams v. Town 147 
 
 Addison v. Saulnier 14, 297, 300 
 
 Addison's Trial 85, SO 
 
 Ah Cue, Ex parte 72, 341 
 
 Ahern, Ex parte ix, 185 
 
 Ah Fook, Ex parte 25, 341, 342 
 
 Ah Pong, Ex parte 255 
 
 Ah You, In re 222, 245, 247 
 
 Albion River R. R. Co. v. Hesser 38 
 
 Alferitz v. Borgwardt 42 
 
 Allen V. Allen 42 
 
 Allgier, In re 1G2 
 
 Allison Ranch etc. Co. v. Nevada Co 31G 
 
 Alvord V. Collins 349 
 
 Amador Co. v. Kennedy 104, 251 
 
 Anderson v. Byrnes 42 
 
 Anderson v. De Urioste 223 
 
 Anderson, Ex parte ! 09 
 
 Andrews, Ex parte 4, 6, 10 
 
 Angus V. Craven 9 
 
 Areata v. Areata etc. R. R. Co 222 
 
 Argenti v. San Francisco 262, 332 
 
 Armstrong, Ex parte 170 
 
 Arnold v. Van Brunt 150 
 
 Arnault v. New Orleans 99 
 
 Arroyo Ditch etc. Co. v. Superior Coiu't 304 
 
 Astell V. Phillippi 178 
 
 Attorney General, Ex parte 140, 1.53 
 
 Auguisola V. Arnaz 102 
 
 (xvli)
 
 XViii TABLE OF CASES CITED. 
 
 Baboock v. Middleton 44 
 
 Baggett V. Dunn 89, 91 
 
 Bailey v. Sloan 15U, 157 
 
 Balrd, Matter of 77 
 
 Baker v. Portland 341, 342 
 
 Baker v. Fireman's Fund Ins. Co 28G 
 
 Baker v. O'Riordan 26 
 
 Baker v. Soutliern Cal. Ry. Co 149 
 
 Baldwin v. Ellis 317 
 
 Baldwin v. Zadig 113, 114 
 
 Ballentine v. Willey 77 
 
 Balleriuo v. Bigelow 170, 177, 178 
 
 Ball V. Kenfield 345 
 
 Banaz v. Smith 29, 40, 224, 258, 208, 300 
 
 Bank of British North America v. Madison 285 
 
 Bank of Mendocino v. Chalfant 298 
 
 Bank of Sonoma v. Fairbanks 253, 280 
 
 Bank of Ukiah v. Reed 311 
 
 Bank v. Pacific Coast S. S. Co 277 
 
 Barnes v. Jones 93 
 
 Barney v. McCreery 7S, 135 
 
 Barniiz v. Beverly 46 
 
 Bai*ry, Ex parte 12 
 
 Barton v. Kalloch 214, 354, 366, 367 
 
 Bateman v. Superior Court 159 
 
 Bates V. Gregory 43 
 
 Bates V. Porter 44 
 
 Baum V. Raphael 98 
 
 Beals V. Amador Co 68, 211, 304 
 
 Beals V. Supervisors 21 1 
 
 Beaton v. Reid 334 
 
 Beatly v. Gillhanks 13 
 
 Beckman v. Skaggs 47, 311 
 
 Belcher v. Chambers 26 
 
 Belcher v. Farren 335 
 
 Bell V. Grippen 158 
 
 Bennlnger. Ex pjirte 251 
 
 Bergevin v. Curtz 5(; 
 
 Blckorstaff, In re 252 
 
 Biddle v. Oaks 302 
 
 Bidwcll V. Babcock 27H 
 
 Bleiiconrt v. Parker 80. 88 
 
 Bienenfeld v. Fresno etc. Co 149
 
 TABLE OF CASES CITED. XiX 
 
 Bigelow V. Ballerino 32 
 
 Biiby V. McKenzie 2GP> 
 
 Billings, Estate of 41) 
 
 Billinacs v. Hall x, 3, 47 
 
 Billings V. Harvey 98 
 
 Bird, Ex parte 4, 6 
 
 Bishop V. Oakland 354 
 
 Bishop V. Superior Court 155, IGG 
 
 Blair v. M. etc. R. 11. Co 287 
 
 Blakeslee v. Hall 271 
 
 Blanchard v. Hartwell 234, 237 
 
 Blanc V. BoAvman 141, 143 
 
 Blanc V. Rodgers 189 
 
 Blanding v. Burr 69, 118, 303 
 
 Bledsoe's Case 80 
 
 Blood V. McCarthy 258 
 
 Bloss V. Lewis 15, 103, 112, 212, 217 
 
 Board of Directors v. Tregoa 30 
 
 Boai-d of Education v. Board of Trustees 253 
 
 Board of Education v. Fowler 198 
 
 Board of Railroad Commrs. v. Market St. Ry. Co.. 292 
 
 Board v. Supervisors 70 
 
 Boedefeld v. Reed 164 
 
 Bohen, Ex parte 249 
 
 Bolton V. Landers 147 
 
 Boorman v. Santa Barbara 27 
 
 Borland v. Nevada Bank 276 
 
 Boston Min. etc. Co., Matter of ' 93 
 
 Boswell, Ex parte 244 
 
 Bourland v. Hildretli vii, X}i, 57, 60. 
 
 Bourn v. Hart xi, 117, 119 
 
 Bowen, In re 163, 164 
 
 Boyd V. Southern Cal. Ry. Co 166 
 
 Boys' & Girls' Aid Society v. Reis.l6, 00, 137, 109, 257 
 
 Bradford v. San Francisco 263, 264 
 
 Bradley v. Clarke 346 
 
 Bradley v. Kent 156 
 
 Brady v. King 29, 254 
 
 Brady v. Times-Mirror Co 286 
 
 Brandensteiu v. Hoke 30 
 
 Brenham v. Story 3, 34, 35 
 
 Brewster v. Ludekins 186 
 
 Britton v. Board of Election Commrs. . .xii, 52, 53, 59 
 
 Brock V. Bruce 166 
 
 Brodie v. Campbell 173, 340
 
 XX TABLE OF CASES CITED. 
 
 Brooks V. Fischer 67, 205, 236 
 
 Brooks V. Hyde 14, 16 
 
 Brooks V. :Melony 127, 133 
 
 Brown V. Campbell 172 
 
 Brown v. Merrill 275, 277 
 
 Brown v. Nash 79 
 
 Brown v. Rice 165 
 
 Brown v. Supervisors 32 
 
 Browne v. Dexter 57 
 
 Brown's Case 88 
 
 Bruch V. Colombet 15, 110, 195 
 
 Brumagin v. Tillinghast 3(X) 
 
 Brummaglm v. Spencer 178 
 
 Buck V. Eureka 241, 264 
 
 Bulger, In re 34t> 
 
 Burbridge v. Lemniert 312 
 
 Burgoyue v. Supervisors 61, 63, 145 
 
 Burke v. Badlam 301 
 
 Burke, Ex parte 6, 16, 102 
 
 Burnett v. Sacramento 33, 305, 306 
 
 Burr V. Carbondale 241 
 
 Burton, Estate of 160, 162 
 
 Bush V. Linsey 161 
 
 Buswell V. Supervisors 317 
 
 C 
 
 Cnhen v. Wells xv, 352 
 
 Cahill, Ex parte 20 
 
 Caldwell v. Center 183 
 
 California etc. Co. v. Meeartnoy 308 
 
 C:iliforiiia etc. Co. v. Superior Court 169 
 
 California etc. Co. v. "NVeis 310 
 
 California Fruit etc. Co. v. Superior Court 368 
 
 Califoi-nia Sonlhern K. R. Co. v. Kimball 38 
 
 California Slate Bank v. Webber 312 
 
 California Slate Tel. Co. v. Alta Tel. Co 51, 272 
 
 Camden etc. R. R. Co. v. Briggs 289 
 
 Campbell, Ex parte 244, 248 
 
 (^ani])!' V. Lassen 155 
 
 Camron v. Kenfield 152, 168 
 
 Carey v. Tice .333 
 
 Cariaga v. Dryden 1.53, 178 
 
 Carpenter v. I'"nney 96, 104 
 
 Carrillo, In re 222 
 
 Carson v. Central Fac. H. R. Co 33
 
 TABLE OF CASES CITED. XXI 
 
 Case Plow Works v. Montgomery 279 
 
 Cashniau v. Root H-i 
 
 Cassidy v. Sullivan 0, 151 
 
 Castro V. Castro 160 
 
 Castro V. Richardson 162 
 
 Caulfield v. Hudson 145 
 
 Caulfield v. Stevens 170, 178 
 
 Central etc. R. Co. v. State 97 
 
 Central Irr. Dist. v. De Lappe 33 
 
 Central Irr. Dist., In re 31 
 
 Central Pac. R. R. Co. v. Board of Equalization 
 
 298, 310, 311, 319 
 
 Central Pac. R. R. Co. v. Placer Co 317 
 
 Chambers v. Satterlee 29, 40, 2G8, 305, 300 
 
 Chapman v. Morris 45 
 
 Chapman v. State 118 
 
 Chapman v. Toy Long 341 
 
 Cheney, Ex parte 24G 
 
 Chicago etc. R. R. Co. v. Haggerty 287 
 
 Chicago etc. R. R. Co. v. Iowa 289 
 
 Chicago etc. R. R. Co. v. People 289 
 
 Chico High School Board v. Supervisors 196 
 
 Chin Yan, Ex parte 102, 106, 246 
 
 Chipman v. Bowman 139 
 
 Chrisman v. Anderson 78 
 
 Christensen, Ex parte .244, 248 
 
 Christian v. Superior Court 157 
 
 Cliristv V. Supervisors xv, 214 
 
 Church v. Colgan 173 
 
 Clancy, Ex parte 14 
 
 Clarke, Ex parte 24 
 
 Clarke v. Perry 160 
 
 Clarke v. Reis 24 
 
 Clark's Case 50 
 
 Clement's Case 78 
 
 Clunie v. Sielje 302, 316 
 
 Cody V. Murphey 13, 111, 102 
 
 Coggins V. Sacramento 354 
 
 roiion V. Alameda 29, 40, 268, 306 
 
 Cohen, P^x parte 24 
 
 Cohen V. Wright xiii, 4, 5, 24, 42, 48, 189, 345 
 
 Cohn V. Central Pac. R. R. Co 286 
 
 Collins V. Lean 25, 50, 113 
 
 Colton V. Rossi 32, 37 
 
 Colusa County v. Glenn County 210, 299. 316
 
 XXii TABLE OF CASES CITED. 
 
 Colusa Co. V. Welch 123 
 
 Commissioners v. Trustees 256, 358 
 
 Commonwealth v. Addison 80 
 
 Commonwealth v. Ahl 189 
 
 Commonwealth v. Halloway 189 
 
 Commonwealth v. Hilchman 189 
 
 Commonwealth v. Pyle 88 
 
 Commonwealth v. Shaver 349 
 
 Conant v. Conant 147, 152 
 
 Condict V. Police Court 258 
 
 Coniff V. Hastings 40 
 
 Conlin v. Supervisors. xi, 108,110, 112, 117, 118, 119, 257 
 
 Conner, in re 170 
 
 Conniff v. San Francisco 3G 
 
 Consolidated Channel Co. v. Central Pac. R. R. 
 
 Co 34, 35 
 
 Contra Cosla etc. Co. v. Moss 34 
 
 Converse v. United States 88 
 
 Cook V. Cockins 45 
 
 Cook V. Middlesex 189 
 
 Cooley V. Calaveras Co xvi 
 
 Copertini v. Oppennann IGG, 1G7 
 
 Coppinger v. Rice KJO 
 
 Corcoran v. Benicia 3r> 
 
 Cornett v. Bishop 1U() 
 
 Corralitos etc. Co., In re 174 
 
 Cottle V. Spitzer 297 
 
 Courtwright v. Bear River etc. Co 145, 159 
 
 Cox, Ex parte 71 
 
 Coxe V. McClenachan 80 
 
 Coyne v. Rennie 238 
 
 Crall V. Poso Irr. Dist '. 33 
 
 Crandall v. Blen . 148 
 
 Crawford v. Dunbar 87. 351 
 
 Croigliton v. Man son 40, 305. 307 
 
 Creighton v. Piagg 42, 43 
 
 Croly V. Sacramento 05 
 
 Crosby v. T>yon 194, .3<X> 
 
 Crow V. San .loaquin etc. Irr. Co 323 
 
 Crowley v. Freud 220 
 
 Culh'n V. fJlendora etc. Co 100, 170 
 
 Ciillcn V. T.;nigridge 1(50 
 
 Curt is, In lo 80, 153 
 
 Curtis V. Ricliards 1.38 
 
 Curtis V. S.-icranicnto 182
 
 TABLE OF CASES CITED. 
 
 D 
 
 Dag;2:ett v. Coljran 90 
 
 Dajley v. Superior Court 12 
 
 Danielsou v. Yoakuiu 276 
 
 Darcy v. Mayor 103, 220, 221, 241 
 
 Dasbiell v. Slingerland 147, 148, 155 
 
 Dassk-r, lu re 50 
 
 David V. I'ortland W. Co 9S) 
 
 Davidsou V. Dallas 143 
 
 Davidson v. Ivan.kin 277 
 
 Da vies v. Dos Angeles 27, 94, 102, 222, 257 
 
 Davis V. Superior Court x 
 
 Davis V. Whiddeu 84 
 
 Daw V. Niles 312 
 
 Day V. Jones 60 
 
 De Baker v. Railway Co 35, 37, 247 
 
 Deck V. Gerke 102, 163 
 
 De Jarnatt v. Marquez 157, 170, 177 
 
 De La JNIontanya v. De La Monfanya 26 
 
 Delaney, Ex parte 249 
 
 Den man v. Broderick 105, 219, 221 
 
 Dennis v. Superior Court 277 
 
 Dentzel v. Waldie 45, 48 
 
 De Puy. Ex parte 189 
 
 Derby v. Stevens 156, 157, 277 
 
 Desmond v. Dunn 102, 105, 220, 223, 227. 359 
 
 Deuprez v. Deuprez 164 
 
 Devlin v. Anderson 60 
 
 Dewar v. Ruiz 335 
 
 Dewey v. Lambier 3 
 
 De Witt V. Hays 296 
 
 De Witt V. San Francisco 93 
 
 Dickey v. Hurlburt 04, 70 
 
 Doane v. Weil 97 
 
 Dobbins v. Commrs. of Erie Co 5 
 
 Doherty v. Thayer 149, 179 
 
 Dolan v. Barnard 99 
 
 Dolan, Ex parte 235, 239 
 
 Doland v. ]\[ooney 310 
 
 Donahue, Ex parte 168 
 
 Donahue v. Graham 269, 360 
 
 Donlon v. Jewett 97 
 
 Dorn V. Howe 368 
 
 Dorsey v. Barry 166
 
 XXIV TABLE OF CASES CITED. 
 
 Dougherty v. Austin 14, 71, 240, 216 
 
 Dougherty v. Bartlett 161, 163 
 
 Dow V. Gould &, Curry etc. Min. Co 347, 34S 
 
 Doyle V. Austin 299, 305, 306 
 
 Doyle V. Seawall 148 
 
 Dressier, Ex parte 8 
 
 Duke V. Huntington 278 
 
 Dumphy v. Guindon : 147 
 
 Dunne v. Mastick 48 
 
 Durgin v. Neal 142 
 
 Dusy V. Helm 186 
 
 Dwyer v. Parker xiv, 15, 111, 214, 215 
 
 E 
 
 Eachus V. Los Angeles etc. Ry. Co 32, 35, 30 
 
 Earle v. Board of Education 98, 1U9, 110, 111, 195 
 
 Eaton V. Brown 14 
 
 Ede V. Cogswell 208 
 
 Ede V. Knight 43, 208 
 
 Edsall V. Short 149, 177 
 
 Edson V. Southern Pac. Co 289, 293 
 
 Edward's Case 80 
 
 Edwards v. Publishing Soc 12 
 
 El Dorado v. Meiss 217, 255 
 
 Ellis, Ex parte 7 
 
 Eltzroth V. Kyan 177 
 
 Emery v. Bradford 29, 40, 268, 306 
 
 Emery v. Reed x 
 
 Emery v. San Francisco etc. Co 
 
 29, 33, 40, 2()8. 296, 305, 306 
 
 Escondido High School Dist. v. Escondido Semi- 
 nary 112 
 
 Executive Communication 85 
 
 Exlinc V. Smith 10, 64 
 
 F 
 
 Fanning v. Schanimel 254 
 
 Fair, Estate of 297, ;;oi, 302, 310 
 
 Fairbanks v. Lampkin 150 
 
 Falrclilld v. Do(on 150 
 
 FarmiMs" etc. I'.aiik v. Board of Equalization 316 
 
 Fanners' Union v. Tlireslier 152, 108 
 
 Fannmi v. Warner 104 
 
 Farrell v. Board of Trustees 110
 
 TABLE OF CASES CITED. XXV 
 
 Farrell v. Sacramento ; 351 
 
 Fatjo V. Plister 00, 254, 297 
 
 Faymoiiville v. McCullough 277 
 
 Foillett V. Eiii^ler 144 
 
 Felchlin, Ex parte 247, 250, 352, 353 
 
 Fenton, Ex parte 19, 20 
 
 Fer};:usoii v. Sherman 270 
 
 Ferris v. Coover x 
 
 Fife, In re 9 
 
 Fire etc. Coninirs., In re 190 
 
 First Nat Banli v. San Francisco 300 
 
 Fisher v. Police Court 105 
 
 Fisk V. His Creditors 150 
 
 Fiske, Ex parte 70, 248 
 
 Fitch V. Supervisors 180, 320 
 
 Fitzgerald y. Urton 155 
 
 Flaherty, In re 247 
 
 Fletcher v. Prather 98 
 
 Flint V. Wilson 104 
 
 Floyd V. Blanding 43, 47 
 
 Foley V. Foley 20 
 
 Foltz V. Cogswell 123 
 
 Ford V. Smith 177 
 
 Foster v. Police Commrs 48, 102, 243, 247 
 
 Fowler v. Pierce xi, 84 
 
 Fox V. Hale & Xorcross etc. Min. Co 279 
 
 Fox V. Western etc. R. R. Co 37 
 
 Fragley v. Phelan 103, 223, 224, 225 
 
 Franca is v. Somps 95 
 
 Frank v. Supervisoi-s 226 
 
 Frankel v. Deidesheimer 141 
 
 Franklin v. State Board 331 
 
 Eraser v. Alexander 358 
 
 Frazer, Ex parte 273 
 
 P'reeman v. Barnum 108, 212 
 
 Freeman v. Seitz 156 
 
 French v. Teschemaker viii, xii, 1.5, 274, 275 
 
 Fresno Canal etc. Co. v. Park 327 
 
 Fresno Nat. Bank v. Superior Court 53, 107, 285 
 
 Freud, Estate of 3, 163 
 
 Frick V. Los Angeles 223, 235 
 
 Fritts v. Camp 167 
 
 Fritz V. San Francisco 225 
 
 Fuller v. Fuller 7 
 
 Fulton v. Brannan ^34, 333 
 
 Constitution — iii
 
 TABLE OF CASES CITED. 
 
 a 
 
 Gaffney v. Goush 40 
 
 Gafforcl v. Bush 168 
 
 Galena K. R. Co. v. Appleby 287 
 
 Galena R. R. Co. v. Loomis 287 
 
 Galland v. Lewis 45, 48 
 
 Garins v. .Jensen 312 
 
 Garniss v. Superior Court 157 
 
 Garretson v. Santa Barbara .318 
 
 Gavitt V. Mohr 335 
 
 Gee V. INIore 333, 334 
 
 George v. Ransom 348 
 
 Gerniania Bldg. etc. Assn. v. Wagner 350, 359 
 
 Germauia etc. Co. v. San Francisco 301, 302, 310 
 
 Geyer v. Irwin 80 
 
 Giambonini, Ex parte 138, 170, 180, 221 
 
 Gibbs V. Bartlett 236 
 
 Gibbs V. Tally 3 
 
 Giddings v. Blacker 76 
 
 GieseUe v. San Joaquin 95 
 
 Gillau V. Hutchinson 32, 35 
 
 Gillis V. Barnett 367 
 
 Gilman v. Contra Costa Co 208 
 
 Gilman v. McClatchy 12 
 
 Gilmer v. Lime I'oiut 33, 34, 37, 64 
 
 Goldberg v. Tliompson 335 
 
 Goldsmith v. San Francisco 262 
 
 Gordon v. Ross 147 
 
 Gorman v. Pacific R. R. Co 287 
 
 (lorton V. Fordinando 167 
 
 Grand Grove v. Garibaldi Grove 28 
 
 Grangers' Bnnlc v. San Francisco 142 
 
 Green, Ex parte 245, 246 
 
 Green v. Fresno Co 215 
 
 Qveen v. State 134, 190 
 
 Green v. Superior Court 168 
 
 Green v. Swift 36, 72 
 
 Greenbaum v. Martinez 156 
 
 Greencastle etc. Co. v. Slate 90 
 
 Greenwood v. Morrison 29 
 
 Gregg V. Bostwicli .".33, 334 
 
 (iregory v. Diggs 157 
 
 Gritlin etc. Co. v. Magnolia etc. Co 286 
 
 Griggs v. Clark ' 161
 
 TABLE OF CASES CITED. XXVU 
 
 Grimes v. Norris IGO 
 
 Grimm v. O'Coniu'Il 316 
 
 GriswoUl V. Pieratt. 156 
 
 Grogan v. Kuclvle 143 
 
 Grogan v. San Francisco 42 
 
 Grosbois, In re .. 11 
 
 Gross V. Kentield 240 
 
 Gross V. Kentield 359 
 
 Gnerrero, In re 218, 251, 255 
 
 Gunter v. Geary 31 
 
 Gnrnee v. Maloney 162 
 
 Guvnee v. Superior Court vii, 155, 362 
 
 Gutierrez, Ex parte 48 
 
 Guy V. Hermance 62 
 
 Guy V. Washburn 318 
 
 H 
 
 Haas, In re 162 
 
 Hadloy v. Dague 29, 40, 268, 306 
 
 Hagar v. Supervisors 68, 305 
 
 Haigiit V. Gay 145, 146 
 
 Hale V. McGettigan xiv, 73, 82, 213, 217 
 
 Hall V. Rice 159 
 
 Halsted. Ex parte 13, 103, 216, 221, 222 
 
 Hancock v. Burton 168 
 
 Hang Kie, In re. 16, 52, 248 
 
 Harbor Commrs. v. Redwood Co 71 
 
 Hardenburgli v. Kidd 63, 64 
 
 Harker, Ex parte 147 
 
 Harmon v. Page 276, 279 
 
 Harney v. Benson 29 
 
 Harpending v. Ilaight 125 
 
 Harper v. Kreelon 165, 166 
 
 Harper v. Rowe 29, 316 
 
 Harralson v. Barrett 312 
 
 Harrelson v. Tomich 312 
 
 Harris v. Supervisors 93 
 
 Harron v. Harron 150 
 
 Hart V. Carnall-Hopkins Co 167, 170, 177, 179 
 
 Hart V. Gaven 307 
 
 Hartman, Ex parte 19 
 
 Haskell, Ex parte 93, 250 
 
 Hastings v. San Francisco 208 
 
 Hatch V. Stoneman 338
 
 XXViii TABLE OF CASES CITED, 
 
 Hatzfleld v. Gulden 189 
 
 Havermeyor v. Superior Court "-iS 
 
 Haverstiok v. Trudel If'l 
 
 Hay V. Hill ^'i'. 3i>p 
 
 Haj'es, Ex parte '^^ 
 
 Hayes, Ex parte 247 
 
 Hnynes v. Treadway ^ 
 
 Heckman v. Swett 71 
 
 Heilbrou, Ex parte 248 
 
 Heinlen v. Fhillips -l-l'J 
 
 Heinlen v. SuUivau 308 
 
 Heller v. People Q*" 
 
 Hellman v. Slioulters 13, 93, 9 A, OS, 107 
 
 Heiiisran v. Ervin 147, 148, 150 
 
 Herriicb v. McDouald 143 
 
 Hevren v. Keed 41 
 
 HeAvitt V. Dean 311 
 
 Heydenfeldt, In re 1G2 
 
 Heydenfeldt v. Superior Court 100, 102 
 
 Heyluian, Ex parte 250 
 
 Hickman v. O'Neal 138 
 
 Hieks V. Bell 145 
 
 Hifks V. Murray 28 
 
 Higsins V. Cole 351 
 
 Higgins V. Prater viii 
 
 Hiygins v. Sau Diego Water Co 
 
 04, 119, 202, 203, 264 
 
 High V. Bank of Commerce 27 
 
 High V. Shoemaker 20. 297, 299 
 
 Hill V. Fiiiigan 1S5 
 
 Hill V. rsewmau 179 
 
 Hinckley, Estate of 34S 
 
 Ho Ah know V. IS'unan 342 
 
 Hol)an V. Ilyan • 179 
 
 Hohart v. Supervisors (iS, 70 
 
 Hohart V. Tillson 152 
 
 Hodges. Ex parte 2 12, 250 
 
 H()l(ir(irlh, In re 41 
 
 Ilollcy V. Orange Co 01. 70. :i05 
 
 Hoiiiiaii V. 'J'aylor 10(» 
 
 lloiig Slici). Ex parte 21, 244. 245 
 
 Hopkins V. Cht'cscman 148 
 
 HcMiiDng V. .M((";utliy 30 
 
 Hoiigiilou, Apitcal of 105 
 
 Hougliioji V. Auslin 29, 71, VHY.',, SIO
 
 TABLE OF CASES CITED. XXIX 
 
 Houston V. Williams 141 
 
 Howell's Case 189 
 
 Ilowland v. Supervisors 77, 2G4, 2(i.") 
 
 Hudson, Estate of IGl 
 
 IIulTnian v. Hall 98 
 
 Hushes V. Ewing 253, 304 
 
 Huh V. Superior Court 216 
 
 Humbert v. Dunn 90 
 
 Huns Sin, Ex parte 8 
 
 Hunsaker v. Borden 44 
 
 Hunt V. Ward 277 
 
 Hurl, Ex parte 304 
 
 Hutson V. Protection Dist 30 
 
 Hvatt V. Allen ix, 152, 302, 359 
 
 Hyde v. Kedding 9 
 
 Hyman v. Coleman 157, 277 
 
 I 
 
 lock V. Anderson 28 
 
 Indianapolis K. K. Co. v. Kerebeval 287 
 
 Ingram v. Colgan 72, 91, 119 
 
 Iron Mountain Co. v. Haigbt 84 
 
 Isola V. Webber viii 
 
 J 
 
 Jackson v. Wliartenby 156 
 
 Jacobs V. Supervisors 324, 326 
 
 Jacobs V. Walker 335 
 
 Jenks V. Oakland 354 
 
 Jennings v. Le Breton 29, 40. 2GS, 30(; 
 
 Jennings v. Le Koy 3(5, 90, 98 
 
 Jentzsch. Ex parte 5, 52, 71, lOli, 112 
 
 Jessup, In re 142, 14(> 
 
 Johnson v. Banli of LalvC 27(> 
 
 Johnson, Ex parte 2 18, 273 
 
 Jolmson v. Goodyear Min. Co 273 
 
 Johnson v. Harrison ; <J7 
 
 Johnson v. San Diego 222 
 
 Johnson v. Simontou 24'.> 
 
 Johnsou v. Squires 335 
 
 Johnson v. Tautphaus xv 
 
 Jones V. Falvella 95 
 
 Jones V. G. etc. 11. R. Co 287 
 
 Jones V. Justice's Court 177
 
 XXX. TABLE OF CASES CITED. 
 
 Tones v. Mori^ran 120 
 
 Jordan, Ex parte 105, 106, 107, 110, 111 
 
 Kalm V. Sutro. .13, 105, 138, 176, 103, 208, 226, 362, 367 
 
 Kalloch V. Superior Court 11, 25 
 
 Kansas P. R. R. Co. v. Mower 287 
 
 Keller v. Franklin 164 
 
 Kellogg V. Howes 350 
 
 Kelly V. Luning 254 
 
 Kendrick v. Diamond etc. Min. Co 286 
 
 Kennedy v. California Sav. Bank 277 
 
 Kennedy v. Board of Education 222 
 
 Kennedy v. Miller 195, 223, 235 
 
 Kenney, Ex parte 227, 243 
 
 Kerckhoff-Guzner Mill etc. Co. v. Olmstead 46 
 
 Kern Co. v. Fay 215 
 
 Koybers v. McComber 177 
 
 Kiernan v. Swan 216 
 
 Kiraberly, Estate of 161 
 
 Kings County v. Johnson 95, 109, 168 
 
 Kings Co. V. Tulare Co 210 
 
 Kirkwood v. Soto 240 
 
 Knapp, Ex parte 249, 250 
 
 Kniglit V. Martin 53, 214, 217 
 
 Knowles, Ex parte 154 
 
 Kno^\ les v. Sandercock 275, 278, 279 
 
 Knox V. Los Angeles 119 
 
 Kohler. Ex parte 25, 93, 94 
 
 Koppikus V. State Capitol Commrs 9, 41, 332 
 
 Koser, Ex parte 103, 106 
 
 Kowalsky, In re 12 
 
 Krause v. Durlirow 112 
 
 Kuback. Ex parte 250 
 
 Kuiublcr V. Supervisors Ill, 216 
 
 La Socfeta etc. v. San Francisco 245 
 
 La SocifMC' Francaise v. District Court 1^^^^ 
 
 La Socif'te Francaise, etc.. Matter of 03, 107, 272 
 
 Lacey, Ex parte 25, 242, 247 
 
 Laforge v. Magee 44 
 
 Laniliert v. Davis 28 
 
 Lanipe v. San Francisco 36
 
 TAT?LE OF CASES CITED. XXXI 
 
 Lane, Ex parte 248 
 
 Langau v. I.angan 150 
 
 Larew v. Newman 240 
 
 Lnrrabee v. Baldwin 274, 276 
 
 Larrabee v. Cloverdale 30 
 
 Lassen Co. v. Cone 52, 251 
 
 Lalaillacle v. Orena 158 
 
 Latlu-on V. Brittain 214, 313 
 
 Lathrop v. Mills xv 
 
 Lawrence, In re 255 
 
 Leaf'h v. Aitken 137 
 
 Ijenke v. Colgan 96 
 
 Learned v. Castle 362 
 
 Le Breton v. Superior Coin-t 167 
 
 Lee V. Southern Pac. K. R. Co 282 
 
 Leese v. Clark 143 
 
 Lent V. Tillson , 29, 30, 40, 257, 268, 306 
 
 Leonard v. January 97 
 
 Levee Dist. No. 9 v. Farmer 33 
 
 Levinson, In re 14.3 
 
 Levy V. Superior Court 23, 50, 162 
 
 Lewis V. Colsii^ii 115. 121 
 
 Lewis V. County Clerk 164 
 
 Lewis V. Dunne 94. 97, 99 
 
 Lewis V. John!? 347, 348 
 
 Lewis V. Southern Pac. R. R. Co 285 
 
 Lewis V. Wldber 262 
 
 Lichtenstein, Ex parte 109 
 
 Lick V. Austin 298. 301 
 
 Liddell, Ex parte ix, 92, 93, 94, 95 
 
 Linehan, Ex parte 248 
 
 Lin Sinjr v. Washburn 212. 341, 342 
 
 Liverniore v. Waite 338, 344 
 
 Llovd V. Davis 310 
 
 Lloyd, Ex parte 181 
 
 Longan v. Solano 93, 95, 110, 212, 215, 216 
 
 Lord V. Dunster ix, x, 153 
 
 Lord V. Goldberg 148 
 
 Lorenzen, Ex pa rte 4 
 
 Los Angeles v. Eikenberry 243, 252 
 
 Los Angeles v. Hance 97 
 
 Los Angeles v. Hollywood Cem. Assn. . . .242, 246, 249 
 
 Los Angeles v. Lamb 350 
 
 Los Angeles Co. v. Lopez 217
 
 XXXU TABLE OF CASES CITED. 
 
 Los Angeles Co. v. Ovange Co 200, 210 
 
 Los Angeles Co. v. Spencer Go, 96, 341 
 
 Los Angeles v. Teed 104, 222, 2o7, 259, 203, 26."» 
 
 Lougher \. Soto 105 
 
 Love V. Baehr 133, 134 
 
 Low V. Marysville 21!) 
 
 Lowenberg v. Levine 46 
 
 Lower Kings River Kec. Dist. No. 531 v. Mc- 
 
 Cullah 27, 103 
 
 Luco V. De Toro 141 
 
 Lueo V. Superior Court 16!) 
 
 Lundy v. Delmas 200 
 
 Lux V. Haggin 32 
 
 Xyons V. California 49 
 
 Mack V. Jastro 257 
 
 Mackay v. San Francisco 2!)7, 300 
 
 Maddux V. Brown 33(5 
 
 Madera Irr. Dist., In re 
 
 xi, 30, 68, 219. 263. 296. 30(!. 307 
 
 Maguire, Matter of 53, 247, 250, 252, 253. 360 
 
 Maier, Ex parte 72 
 
 JLalone v. Koy 40 
 
 Malson v. Vaughn 147, 178 
 
 Manchester, In re 64 
 
 Manley v. Cunningliani 335 
 
 Manstield, Ex parte 243. 245. 256 
 
 Market Street, In re 304, 306 
 
 Market St. Ky. Co. v. Jlellnian 273 
 
 Marks, Matter of 86, 165 
 
 ;Marsh v. Suiicrvisors. . . .xiii, xv, 15, 59, 109, 112, 217 
 
 Marslon v. Humes 97 
 
 Martin v. Electioji Connnrs 143, 226. 239, 338 
 
 Martinez v. Ileiiune etc. Land Co 280 
 
 Mateer v. P.rown 14:; 
 
 Mathis V. State <»7 
 
 Matthews v. Oniierd ;!11 
 
 Maurer v. King 11.3 
 
 Maurer v. ]\Iit<-li<.ll 1.52 
 
 Maxlicld v. .loiiiisoii 1 17. MS, 14;>, 15(5, 178 
 
 Mayrliol'cr v. Hoard of Educ alion ,3.50 
 
 McAllister v. Ilainlin xv. 63 
 
 M<'Hean v. Fresno 247, 263
 
 TABLE OF CASES CITED. XXXIU 
 
 MoCabe v. Jeff erds ^^ 
 
 McCabe v. Carpenter 0-i, 05, 253, 254 
 
 McCann v. Sierra County 32 
 
 McCarthy, Ex parte vii, 11, 68, 180 
 
 Mc'Cauley v. Brooks x, 33, 47, Gl, 89, 133, 332 
 
 McCauley v. Fulton 139 
 
 McCauley v. Weller 32, 37 
 
 McClain, Ex parte 72, 249 
 
 McCoppiu V. McCartney 47, 309 
 
 McCuUoch V. Maryland 5 
 
 McCraken v. San Francisco 202 
 
 IMcCrary v. Beaudry 323 
 
 McDermot v. Barton 217 
 
 McDonald v. Patterson 53, 103, 209, 359, 300 
 
 McDonald v. Taylor 246, 335 
 
 McFadden v. Los Angeles 322, 323 
 
 McGee v. San Jose 43 
 
 McGowan v. McDonald xv, 273, 274, 276 
 
 McGrew v. Mayor etc. of San Jose 176, 367 
 
 McHenry v. Downer 296, 300 
 
 McKenua, Ex parte 246, 251 
 
 McNally, Ex parte 251 
 
 McNee v. Lynch 335 
 
 McNiel V. Borland 166 
 
 McNulty, Ex parte 71, 72, 273 
 
 McPherson v. Bartlett 75 
 
 Meade v. Watson 102 
 
 Mecham v. McKay 178 
 
 Melone v. State 134 
 
 MelYin v. State 91, 192 
 
 Menzies v. Board of Equalization 153 
 
 Merced Bank v. Rosenthal 173, 353 
 
 Merced Co. v. Fleniming 246, 252 
 
 Merced Co. v. Helm 242, 255, 256 
 
 Mercer's Case 80, 81 
 
 Merrill v. Southside Irr. Co 323 
 
 Meyer v. Bryan 43 
 
 Meyer v. Kalkman 138 
 
 Middleton v. Low 125 
 
 Miles V. "Woodward 285 
 
 Miliken v. Hul)er 153 
 
 Miller v. Byrd 335 
 
 Miller v. Dunn vii, 120 
 
 IMiller, Ex parte 10 
 
 iSIiller V. lleilbron 300
 
 XXXiV TABIE OF CASES CITED. 
 
 Miller v. Kister 11. Ill 
 
 Miller v. Supervisors ir>3 
 
 Mills V. Sargent xv, 313 
 
 Milner v. Reibenstein 17G, 180 
 
 Miner v. Justice's Court 105, 138, 237 
 
 Minturn v. Hays 208, 300 
 
 Mintzer v. Schilling 212, 220 
 
 Mirande, Ex parte 52, 250 
 
 Mitchell V. Beckman 276, 277 
 
 Mitchell, In re 103, 138 
 
 Mitchell V. Winnek 07, 190 
 
 Mohle V. Tschirch 104 
 
 Molineux v. California 118 
 
 Montague v. English 202 
 
 Montgomery Avenue Case xiv 
 
 Moore v. Boyd 277 
 
 Moore, Estate of 151 
 
 Moore v. Martin 170 
 
 INIoore v. Patch 1.5, 105 
 
 Moran v. Ross viii, x, 39, 292 
 
 More V. More 102 
 
 Morgan v. Menzios 227 
 
 Morrow v. Superior Court 275. 277, 279 
 
 Uovfie V. De Ardo ix, 153, 225, 350 
 
 ]\Iosely V. Torrence 335 
 
 Moulton V. Parks 30 
 
 Mount, Ex parte 250 
 
 Moynier, Ex parte 4. 10, 104, 248 
 
 ^lurphey v. Menard 97 
 
 Murphy, In re 245 
 
 Murphy v. Pacific Bank 13. 103 
 
 Murray v. Colgan 121 
 
 IMutual Electric etc. Co. v. Ashworth 208 
 
 Myers v. Englisli xi, 44, 183 
 
 Myers v. Keiilicld 187 
 
 Myers v. Sierra ^■alk'y etc. Co 279 
 
 N 
 
 Napa Valley R. R. Co. v. Napa Co 34, 117 
 
 Nelson, Estate of 14(> 
 
 Nenstadt, Ex parte 168 
 
 Nevada School Dist. v. Shoccraft 102 
 
 New Albany etc. R. R. Co, v. Whiteneck 287 
 
 New Jersey v. Wilson 5 
 
 Newman, Ex parte 3, 4, G
 
 TABLE OF CASES CITED. XXXV 
 
 Newton, Ex parte 304 
 
 Nicholas. Ex parte 11 
 
 Nichols V. Somerset etc. R. R. Co 287 
 
 Nicliey v. Stearns Ranches Co 34, 35 
 
 Niles V. Edwards 141, 142 
 
 Noble, Ex parte 244 
 
 Noble V. Hook 333 
 
 Nones v. Edsall 80 
 
 Norblett v. Farwell 178 
 
 Norris v. Androscroggin R. R. Co 289 
 
 Norris v. Hoy t 49 
 
 North Beach etc. R. R. Co., Appeal of 33 
 
 Norwood V. Baker 29, 40 
 
 Nougues V. Douglass x, xi, 331, 332 
 
 Nugeut's Case 79 
 
 Nylaud, Ex parte 138 
 
 Oakland v. Oakland Water Front Co 68 
 
 Oakland v. Southern Pac. R. R. Co 317 
 
 Oakland etc. Co. v. Rier 306 
 
 Oakland Pav. Co. v. Barstow 268 
 
 Oakland Pav. Co. v. Hilton vii, 79, 269, 338, 360 
 
 Oakland Pav. Co. v. Thompkins vii, 209, 3.38 
 
 O'Callaghan v. Booth 165 
 
 O'Ferrall v. Colby 78 
 
 Ohio etc. R. R. Co. v. McClelland 287 
 
 Ohm, Estate of 151 
 
 Oliverez, In re 362 
 
 Omnibus R. R. Co. v. Baldwin 14 
 
 Opinion of Judges 85 
 
 Opinion of Justices 76 
 
 Orange Co. v. Harris xv 
 
 Orange Co. v. Los Angeles Co 210 
 
 Orena v. Sherman 313 
 
 Otis V. Haseltine 48 
 
 Pacific Bridge Co. v. Kirkham 253 
 
 I'acific Coast Ry. Co. v. Porter 39 
 
 Pacific etc. Ins. Co. v. San Diego 259 
 
 Pacific etc. Soc. v. San Francisco 319 
 
 I'acific Postal etc. Co. v. Dalton 108, 303 
 
 I'acitic Ry. Co. v. Wade 9
 
 XXXVl TABLE OF CASES CITED. 
 
 Pacific Undertakers v. Widber 264 
 
 Packer, Estate of 3, 46 
 
 Page V. Ellis 156 
 
 Palacbe v. Hunt ix, 153 
 
 Parke v. Metropolitan R. R. Co 289 
 
 Parker v. Otis .113, 114 
 
 Parker v. State 76, 77 
 
 Parrott, In re 341, 342 
 
 Parsons v. San Francisco 4. 36 
 
 Parsons v. Tuolumne Water Co 145, 165 
 
 Partridge v. Butler 276 
 
 Pasadena v. Stimsou 14, 103, 112, 220 
 
 Pattison v. Yuba Co xiii, 69, 332 
 
 Patton V Board of Health 351 
 
 Patty V. Colgau 119 
 
 Paty V. Smith 63 
 
 Peachy v. Supervisors 359 
 
 Pearsons, In re 172 
 
 Peninsular etc. Co v. Pacific etc. Co 158 
 
 Pennie v. Reis 24, 96, 98, 119, 120, 257 
 
 Penuie v. Roach 158 
 
 Pennsylvania v. Iiil)!et 287 
 
 Penny becker v. McDougal 15(5 
 
 People V. Abbott 93 
 
 People V. Addison 129 
 
 People V. Ah Chung 141 
 
 People V. Ah Lee Doon 10 
 
 People V. Ah Sing 184 
 
 People V. Alameda Co 211 
 
 People V. Apgar 21, 151 
 
 People V. Applegate 145, 151 
 
 People V. Arnott 21 
 
 People V. Ashl)urner 351 
 
 People V. Asiihuiy 298 
 
 IVoi)le V. Ba hcock 193, 222 
 
 People V. Bagley 222, 2.35 
 
 People V. Bniid 23 
 
 People V. Baldwin 184 
 
 People V. Barbour 141 
 
 People V. Ba ri let t 253 
 
 People V. Berkeley 221 
 
 People V. Bigler xiii. 68, 344 
 
 People V. P.inghiun 78, 149 
 
 reojth! V. Biicliam xvi 
 
 People V. Bird 18
 
 TABLE OF CASES CITED. XXXVll 
 
 People V. Black Diamond etc. Min. Co 298, 300 
 
 People V. Blake -il 
 
 People V. Blauding 130 
 
 People V. Board of Aldermen 77 
 
 People V. Board of Education Gl, 03, 198, 360 
 
 People V. Booker 7 
 
 People V. Bolkin 184 
 
 People V. Bowen 189 
 
 People V. Bray 78, 104 
 
 People V. Broome 77 
 
 People V. Brown 23 
 
 People V. Budd 127, 129 
 
 People V. Burns 8G 
 
 People V. Burbank 173, 351 
 
 People V. Burt 82 
 
 People V. Bush 19 
 
 People V. Cady 31 
 
 People V. Cage 19, 20 
 
 People V. Campbell 11, 48 
 
 People V. Carrique 80, 88 
 
 People V. Casey 183 
 
 People V, Cazeneau 126, 127 
 
 People V. Central Pac. R. R. Co 
 
 14, 17, 52, 103, 104, 107, 108, 109, 214, 272, 299, 319 
 
 People V. Chapman vili, 105 
 
 People V. Chaves '. . 10, 176 
 
 People V. Chew Sing Wing 184 
 
 People V. Chicago etc. R. R. Co 289 
 
 People V. Christensen '. 183 
 
 People V. Clark 22, 84 
 
 People V. Cline 183 
 
 People V. Cobb 96, 138, 176, 362, 367 
 
 People V. Cohen 298 
 
 People V. Cogswell 348 
 
 People V. Colby 362 
 
 People V. Coleman vii, ix, 16, 296, 297, 300, 304 
 
 People V. Common Council 105, 220 
 
 People V. Coronado 223, 237 
 
 People V. Cummings 21 
 
 People V. Curtis 21 
 
 People V. Curry 96, 130, 338 
 
 People V, Dashaway Assn 168 
 
 People V. Davie 238 
 
 People V. Day 145, 165 
 
 People V. Def oor 22 
 
 Constitution — iv
 
 XXXVIU TABLE OF CASES CITED. 
 
 People V. De la Gnorra 65 
 
 People V. Diek 183 
 
 People V. Dobbius 94 
 
 People Y. Doe G. l,o:U 299 
 
 People V. Doi-sey 214 
 
 People V. Duuii 82, 122, 298, 317 
 
 People V. Duvrant 13, 3(37 
 
 People V. Eastman 309 
 
 People V. Eddy vii, 298, 300 
 
 People V. Edwards ix, 128. 129, 350, 352 
 
 People V. Election Comrars 235 
 
 People V. Elk River etc. Co 41, 71 
 
 Peoj)le V. Elk etc. Co 323 
 
 People \. Eppinger 22 
 
 People V. Ferguson 217 
 
 People V. Fowler 145, 177 
 
 People V. Freenaan ix, 04, 346 
 
 People V. Frisbie 62 
 
 People V. Fitch 127, 128, 129 
 
 People V. Gallagher 3(52, 3(58 
 
 People V. Gerke , . .295 
 
 People V. Gillespie 181 
 
 People V. Glenn Co .xiii, 82, 109 
 
 People V. Goldtree 29, 317 
 
 People V. Gordon 22, 183 
 
 IVople V. Greene 21 
 
 Peoph! V. Gunn 234, 235, 230, 237 
 
 People V. CJunst 352 
 
 People V, Gutierrez 184 
 
 People V. Ilamberg 20 
 
 People V. Hamilton 367 
 
 People V. Ilaiiimond 128, 223, 352 
 
 Peoi)le V. llannon 185 
 
 People V. llardisson. . , 22 
 
 Peoi)le V. Ilailan 80, 82 
 
 Pe()j)le V. Harrington 19 
 
 People V. Ilaitnian 18 
 
 People V. Harvey 153 
 
 People V. Hayne xi, 137 
 
 Peojile V. llecht 236 
 
 Peoph^ V. Henry 367 
 
 Peo|)l.' V. Hensiiaw 13. 14, 16, 96, 103, 119, 222 
 
 People V. Hibeniia r.ank 298 
 
 I'eoitle V. H ig^iiis 21 
 
 People V. iiill 76, 223, 226, 350, 351
 
 TABLE OF CASES CITED. XXXIX 
 
 People V. Hoge 234, 235 
 
 People V. Ilolden 60 
 
 People V. HoUaday 45 
 
 People V. Home Ins. Co 299 
 
 People V. Horn 19, 20 
 
 People V. llorsley 149 
 
 People V. Houston 254 
 
 People V. Howard 222 
 
 People V. Hunckeler 21 
 
 People V. James 20 
 
 People V. Jewett vil, 352 
 
 People V. Johnson. .71, 148, 149, 150, 151, 216, 240, 332 
 
 People V. Jordan 20, 146, 150 
 
 People V. Joselyn 168 
 
 People V. Kalloch 151 
 
 People V. Keefer 22 
 
 People V. Kelly 11 
 
 People V. Kelsey 302 
 
 People v. Kern Co 165 
 
 People V. Kerrigan 18 
 
 People V. Kewen 201 
 
 People V. King 96, 103, 185 
 
 People V. Kuclies 150 
 
 People V. Langdon 62, 04, 129, 346 
 
 People V. Latham 300, 301, 303 
 
 People V. Lawrence 168 
 
 People V. Lee 184 
 
 People V. Lee Yune Cliong 22, 23 
 
 People V. lieouard 87 
 
 People V. Lennox 10 
 
 People V. Levee Uist. No. 6 219, 271 
 
 People V. Linda Vista Irr. Dist 94, 96 
 
 People V. Lodi High School Dist 65, 104, 196 
 
 People V. Los Angeles E. Ry. Co 281 
 
 People V. Lake Co 213, 217 
 
 People V. Larson 20 
 
 People V. Logan 150 
 
 People V. Lynch xii, 29, 51, 252, 254, 306 
 
 People V. Mariposa Co 62 
 
 People V. Markhani 74, 173 
 
 People V. Martin 255, 360 
 
 People V. McCanley 174 
 
 People V. McCreery 
 
 295, 296, 299, 300, 302, 303, 313, 318 
 
 People V. McCuue 29
 
 Xl TABLE OF CASES CITED. 
 
 People V. McFadden 70, 108, 112, 119, 217 
 
 People V. McGuire 208, 210 
 
 People V. MoNealy 19 
 
 People V. Meiggs' Wharf Co 151 
 
 People V. Mellon 17-4 
 
 People V. Middleton 351 
 
 People V. Mier 157, 180 
 
 People V. IMitchell 184 
 
 People V. Mizner 127, 128 
 
 People V. Mooiiey 22 
 
 People V. Moore 159 
 
 People V. Morino 18 
 
 People V. Morse 45 
 
 People V. ^lortimer 48 
 
 People V. INIost 13 
 
 People V. Mott 127, 129 
 
 People V. Mulilner 22 
 
 People V. Mullender 9G, 110, 111, 112 
 
 People y. Mullins 226 
 
 People V. Murray 184 
 
 People V. Myers 208 
 
 People V. Naglee 304 
 
 People V. Nally 71 
 
 People V. Nevada 04, 100 
 
 People V. Newman 24;>, 359 
 
 People V. Nyland 170 
 
 People V. Ny Sam Chung 19, 21 
 
 People V. Oakland 224, 23(>, 237 
 
 People V. O'Brien ix, 24, 184, 185 
 
 People V. Oiler 31 
 
 People V. Olvera 158 
 
 People V. Oreileus 19 
 
 People V. Paclieco 9i», 117, 2S4, 331, 332 
 
 People V. Parker 128, 130 
 
 People V. Parks 70, 93, 97, 253 
 
 People V. I»arvin 93, 94 
 
 People V. Paulscll 18;{ 
 
 People V. Pondegast xiil, 76 
 
 People V. Peralta 145 
 
 People V. Perini 8 
 
 People V. IVrry xv, 149, 153, 185, 351 
 
 People V. IMioi'iiix 128 
 
 Pcoitlc V. Piiigrce ir»l 
 
 I*c(ilil<' V. F*i1tsl)urg It. It. Co ;il(» 
 
 People V. Pond 44, 223
 
 TABLE OF CASES CITED. 
 
 xli 
 
 People V. Potter 180 
 
 People V. Powell 10 
 
 People V. Provines 01, G4, 138, 218 
 
 People V. Ransom 354, 367 
 
 People V. Raymond 300 
 
 People V. Reclamation Dlst. No. 551 30, 53, 57 
 
 People V. Rediuger 10 
 
 People V. Reid 129, 351 
 
 People V. Rice 70, 77 
 
 People V. Roberts 10 
 
 People V. Rogers vii, 49 
 
 People V. Rosborough 128, 104, 172 
 
 People V. Ross 21, 185 
 
 People V. Russ 328 
 
 People V. Saeramenio County 310 
 
 People V. Samonset 184 
 
 People V. Sanderson 04, 128 
 
 People V. Sands 170, 180 
 
 People V. Sassovich xii 
 
 People V. Schmidt 22 
 
 People V. Selma Irr. Dist 210 
 
 People V. Senter 100 
 
 People V. Seymour 48, 68 
 
 People V. Shear 151, 351 
 
 People V. Sierp 31 
 
 People V. Smalling 19, 20 
 
 People V. Smallman 150 
 
 People V. Smith 23 
 
 People V. Soto 155 
 
 People V. Stanford 271 
 
 People V. Stephens viii, 21, 200, 322, 326 
 
 People V. Stockton etc. Co 282, 303 
 
 People V. Stokes 160 
 
 People V. Stratton 127, 352 
 
 People V. Strother 260 
 
 People V. Superior Court 
 
 94, 95, 100, 100, 112, 104. 212, 288 
 
 People V. Supervisors 02, 250, 317 
 
 People V. Sutton 23 
 
 People V. Swafford 18 
 
 People V. Tarbox 18 
 
 People V. Templeton 210 
 
 People V. Thompson 76, 77 
 
 People V. Tinder 7, 8 
 
 People V. Tisdale 48
 
 xlii 
 
 TABLE OF CASES CITED. 
 
 People T. Titberington. 
 
 People V. 
 
 People V. 
 
 People V. 
 
 People V. 
 
 People V. 
 
 People V. 
 
 Toal 138, ITG, 180, 
 
 Todd 
 
 Travers 22 
 
 Tucker 22, 
 
 Turner. 7, 
 
 Twelfth District Court 
 
 vii. 13, 14, 51, Gl, 02, 
 
 People V. Verenesen-eckockockhoff 
 
 People V. Vick 
 
 People V. Wong Wang 
 
 People V. Waterman 
 
 People V. AVebb is 
 
 People V. Weller 
 
 People V. Wells x, 128, 141, 
 
 People V. Whartonby 
 
 People V. Whitman .84, 87, 125, 
 
 People V. AVhyler xv, 300, 303. 305, 
 
 People V. Wiolimau 
 
 People V. Williams 8, 
 
 People V. Wong Ah Ngow 
 
 People V. Woods 20 
 
 Pereria v. Wallace 53, 2GG, 
 
 Perkins, Ex parte 
 
 Perkins v. Ralls 
 
 Perry v. Ames 
 
 Perry v. AVashburn 
 
 Pfirrman, Ex parte 90, 243, 
 
 Phelan v. San Francisco xvi, 
 
 Phelps V. Winchomb 
 
 Philbrook, In re 
 
 Pierpont v. Crouch 
 
 I'ignaz V. Burnett 
 
 Pioche V. Paul 
 
 IMper. Appeal of 
 
 IMttsburg etc. li. K. Co. v. Southwest etc. Ry. Co. 
 
 Polaok V. Gurnee 
 
 Poland V. Carrigan 
 
 Pollock V. rumniinfxs 160, 
 
 Poliok V. San Diego 
 
 Pond V. Pond j 
 
 l'<)])p('r V. Hroilerick 224, 
 
 Porter. lOslate of 
 
 I'orlcr V. Imus 
 
 Porter V. TlKjmson 
 
 1S4 
 230 
 347 
 , 23 
 23 
 153 
 
 102 
 184 
 151 
 216 
 173 
 , 19 
 173 
 144 
 301 
 128 
 307 
 
 22 
 150 
 184 
 , 44 
 268 
 7 
 105 
 159 
 290 
 250 
 
 03 
 351 
 142 
 
 92 
 
 45 
 
 XV 
 
 40 
 287 
 
 10 
 152 
 179 
 
 05 
 
 104 
 
 225 
 
 3 
 
 40 
 
 97
 
 TABLE OF CASES CITED. Xliii 
 
 Porter's Trial 85, 86 
 
 Portland v. Stock 99 
 
 Portl.iid II. R. Co. V. Railway Co 292 
 
 Potter V. Ames 37 
 
 Powell V. Wilson 80 
 
 Powelson v. Loekwood 14G 
 
 Power V. May 91, 121 
 
 Prader, Ex parte 41 
 
 Price V. Whitman 84 
 
 Prigg V. Commonwealth 5 
 
 Prince v. Fresno 181 
 
 Prince v. Lynch 278 
 
 Pritchett v. Stanislaus Co 220 
 
 ProU V. Dunn 91 
 
 Prouty V. Stover 76, 77 
 
 Pryor v. Downey 29, 62 
 
 Purdy V. Sinton xv 
 
 Q 
 
 Quale V. Moon 17 
 
 Quan Wo Chung v. Laumelster 159 
 
 Quigg V. Evans 237, 254 
 
 B 
 
 Raisch v. Sausalito etc. Co 149, 178 
 
 Ramish v. Ilartwell 26 
 
 Rankin v. Colgan Ill, 117 
 
 Raner v. Williams. 103, 112, 115, 116, 219, 220, 221, 227 
 
 Ream v. Siskiyou Co 33, 91, 95 
 
 Reardon v. San Francisco 35 
 
 Reclamation Dist. v. Hagar 30 
 
 Reclamation Dist. No. 108 v. Evans 30 
 
 Reclamation Dist. No. 124 v. Gray 271 
 
 Redlands etc. Co. v. Redlands 267 
 
 Reed v. Bernal 157 
 
 Reed v. Omnibus R. R. Co xiii, xv, 1(»:5, 179 
 
 Regina v. Neale 13 
 
 Reid V. Groezinger 215 
 
 Reilly, Ex parte 176, 180 
 
 Reis, Ex parte 368 
 
 Reis V. State 331 
 
 Rex V. Birt 13 
 
 Rice V. National City 241 
 
 Richard's Case 78
 
 XliV TABLE OF CASES CITED. 
 
 Richards v. Wetmore .103 
 
 Ricks V. Reed IGO 
 
 Rider v. Regau 26, 27 
 
 Ritchie v. Dorland l.Vj 
 
 Riverside Co. v. Butcher 341 
 
 Roach, Ex parte 243 
 
 Robinson v. D uun 118, 120 
 
 Robinson, In re 10 
 
 Robinson v. Magee 43, 14 
 
 Robinson v. Southern Pac. R. R. Co 2*J2 
 
 Rode V. Siebe 102, 108, 303 
 
 Rodley v. Curry l!5i» 
 
 Roebling's Sons Co. v, Rutler 278 
 
 Rogers, In re 24 
 
 Rollins V. Wright 4(;, 102, 34U 
 
 Romaine, Ex parte 5 
 
 Rood V. jNIeCargar xv 
 
 Rose V. Estudillo 45 
 
 Rosenberg v. Frank I.IS. 150 
 
 Ross V. Whitman (W 
 
 Rowe, Ex parte 21 
 
 Royer, Estate of 200 
 
 Rndel v. Los Angeles 3t> 
 
 Rutledge v. Crawford 57 
 
 Ryan v. Johnson 9, 15 
 
 Ryder v. Cohn 137, 100 
 
 S 
 
 Sacramento v. Crocker 255, 304 
 
 Sacramento v. Dillman 255 
 
 Sacra nu'iito Rank v. I'acilic Uank 278 
 
 Sail (^iiali, In re 50 
 
 San r.eiiito Co. v. Soutliern Pac. R. K. Co 20!> 
 
 San Kernardiiio etc. Uy. Co. v. Haven 30 
 
 San Reraardiuo v. SouUiern Pac. Co 208 
 
 Sanborn v. Rcidcn 37 
 
 Sanborn v. Suin-rior Court 17S 
 
 Sanders v. Seliorn 217 
 
 San Diego v. Dani-r 105 
 
 San ]>i<'go v. lliggins 307 
 
 San Diego v. Einda Vista Irr. Dist 305 
 
 San 1 )iego v. Itiverside County 21 1. 310 
 
 San Diego Water Co. v. San Diego 38, 324 
 
 San ford v. Head 1.58
 
 TABLE OF CASES CITED. Xlv 
 
 San Francisco v. Anderson 297, 302 
 
 San Francisco v. Beideman 4 1 
 
 San Francisco v. Brodericli 110, 214, 215, 258 
 
 San Francisco v. Canavau 210 
 
 San Francisco v. Central Pac. R. R. Co 310 
 
 San Francisco v. Collins 38 
 
 San Francisco v. Dunn 90 
 
 San Francisco v. Fry 207, 301 
 
 San Francisco v. Flood 207 
 
 San Francisco v. Insurance Co 143, 252, 254 
 
 San Francisco v. Kieruan 32, 05. 107, 2(iO 
 
 San Francisco v. La Societe etc 208 
 
 San Francisco v. Lux 319 
 
 San Francisco v. Spring Valley W. W 
 
 XV, 15, 92, 03, 102, 271, 272, 298, 302 
 
 San Francisco v. Talbot 297 
 
 San Francisco v. Western Union Tel. Co 290 
 
 San Francisco etc. Co. v. Bates 29 40, 2(j8, 306 
 
 San Francisco etc. Factory v. Brickwedel 325 
 
 San Francisco etc. R. R. Co. v. Caldwell 34, 39 
 
 San Francisco etc. R. R. Co. v. State Board .... 
 
 94, 108, 302, 318, 310 
 
 San Francisco etc. R. R. Co. v. Taylor 38 
 
 San Francisco Gas Co. v. Bricliwedel 202 
 
 San Francisco Gas Co. v. Dunn 207 
 
 San Francisco Sav. Union v. Abbott 362 
 
 San Gabriel Co. v. Witmer Co viii, 310 
 
 San Jose v. San Jose etc. R. R. Co 30 i 
 
 San Jose Ranch Co. v. San Jose etc. Co.. .25, 20, 140 
 
 San Jose Sav. Bank v. Pilaris 278 
 
 San Luis Obispo v. Drake x, 215 
 
 San Luis Obispo v. Farnum 250 
 
 San Luis Obispo v. Graves. .... .14, 108, 212, 214, 243 
 
 San Luis Obispo v. Greenljerg 2.50 
 
 San Luis Obispo County v. Felts 196, 320 
 
 San Luis Water Co. v. Estrada 272. 
 
 San Mateo v. Coburn 40 
 
 San Mateo W. W. v. Sharpstein .37 
 
 Santa Ana v. Brunner ,39 
 
 Santa Barbara v. Eldred 107, 177 
 
 Santa Barbara v. Sherman 186 
 
 Santa Barbara v. Stearns 105, 304 
 
 Santa Cruz v. Enright 104, 223 
 
 Santa Cruz etc. Co. v. Santa Clara l."2 
 
 Santa Cruz Rock etc. Co. v. Lyons 28
 
 Xlvi TABLE OF CASES CITED. 
 
 Santa Rosa v. Coulter V, 
 
 Santa Rosa City R. R. Co. v. 'Railway Co 142 
 
 Santa Rosa Nat. Bank v. Barnett 273, 275, 27i) 
 
 Saunders v. Ilaynes 10(» 
 
 Savings etc. Soc. v. Austin 71, 214, 298, 301, 31G 
 
 Savings etc. Soc. v. San Francisco 310 
 
 Schroeder v. Grady 317 
 
 Schumaker v. Toberman 29, 254 
 
 Schwartz v. Wilson 202 
 
 Scollay V. Butte Co 7<) 
 
 Seale v. Ford 362 
 
 Seale v. Mitchell 145 
 
 Searcy v. Grow 88 
 
 Seattle Coal etc. Co. v. Thomas 164 
 
 Security Sav. etc. Co. v. Hinton 223, 235, 253 
 
 Seciu-ity Sav. Bank v. San Francisco 298 
 
 Seube, Ex parte 256 
 
 Sharon v. Sharon ix, 151 
 
 Sharp V. Blankenship 24 
 
 Sharpe v. Contra Costa Co 45, 208 
 
 Shaw v. Statler 263 
 
 Shealor v. Superior Court 178 
 
 Sherer v. Superior Court 169 
 
 Sherman v. Buick 34, 35 
 
 Slieward v. Citizens' Water Co 324, 325 
 
 Sluiulcr, Ex parte 4, 41, 62, 243, 249 
 
 Sic. In re 244 
 
 Siddail v. Harrison 160 
 
 Siemssen v. Bofer 50 
 
 Sievers v. San Francisco 36 
 
 Simmons v. Bra inard 148 
 
 Simons v. Bedell 15S, 1(>.'5 
 
 Sing Leo, Ex parte 242, 250 
 
 Sint(»n V. Ashbury 225. 253 
 
 Skillman v. Lackman 147, 143 
 
 Skinner v. J?uek 26 
 
 Slocum V. Boar Valley Irr. Co 105 
 
 Sniilie v. Fresno 263 
 
 Smith V. Auib-ews 1«{I) 
 
 Smith V. Broderick 262 
 
 Smith V. Brown 351 
 
 Smilli V. Dunn 110, 120 
 
 Sndlh, Ex i)!irte 41 
 
 Smith V. Farn-lly .105 
 
 Smith V. KcniK-ld 110. i.S(5
 
 TABLE OF CASES CITED. Xlvii 
 
 Smith V. McDermott 102, 107. n.iS 
 
 Smith V. Morse 43, 47 
 
 Smith V. Oulvland l~>'^ 
 
 Smith V. Omnibus R. R. Co 170 
 
 Smith V. St. Lawrence Co ("7 
 
 Smith V. Strother G2, G3 
 
 Smith V. Westerfield loO 
 
 Smith & Keating, Ex parte 4, 14, 16, 219 
 
 Smith's Case T9 
 
 Solano Co. v. McCudden 13 
 
 Solomon, Ex parte 241 
 
 Solomon v. Reese 148. 156 
 
 Somers v. State 351 
 
 Sonoma Valley Bank v. Hill 27S 
 
 Southern Cal. Ry. Co. v. Superior Court 150 
 
 Southern Pac. R. R. Co. v. Pixley 167 
 
 Southern Pac. R. R. Co. v. Reed 3.3 
 
 South Pasadena v. Terminal Ry. Co 245, 240 
 
 Southwick V. Davis 334 
 
 Soto, Ex parte 181 
 
 Sparks. Ex parte 138, 237, 230 
 
 Spauldiug V. Mead 78 
 
 Speegle v. Joy 360 
 
 Spencer (reek Water Co. v. Vallejo. . . .137, 165, 166 
 
 Spier V. Baker 56, 57, 5U, 94, 105, 310 
 
 Spinney v. GritHth 350 
 
 Spreckels v. Hawaiian Com. etc. Co 158 
 
 Spring A'alley W. W. v. Barber 297 
 
 Spring Valley W. W. v. Bartlett 325 
 
 Spring Valley W. W. v. Bryant 272 
 
 Spring Valley W. W. v. Drinkhouse 37 
 
 Spring Valley W. W. v. Schottler. .267, 298, 303, 326 
 
 Spring Vallev W. AV. v. San Francisco 
 
 42, 70, 159, 261J. 273. 322, 323, 324, 325, 360 
 
 Stafford v. Lick 47 
 
 Stanford, Estate of 91, 109, 118 
 
 Stanford v. San Erauciyeo 36 
 
 State V. Boyd 86 
 
 State V. Brandt 351 
 
 State V. Brasstield 97 
 
 State V. Collier 349 
 
 State V. Cunuinglia m 77 
 
 State V. Doron viii 
 
 State V. Dudley 77
 
 Xlviii TABLE OF CASES CITED. 
 
 State V. McCauley 8, 331, 332 
 
 State V. rurdy 340 
 
 State V. Sloan 122 
 
 State V. Smith 50, 194 
 
 State V. Steamship Constitution 341, 342 
 
 State Census, In re 7t> 
 
 Staude v. Election Commi's ix, 61, 63, 223 
 
 Stein V. Howard 283 
 
 Stephen, Ex parte 244, 251 
 
 Stevens, In re .137 
 
 Stevens v. Truman 63 
 
 Stevenson v. Colgau xi, 117 
 
 Stewart v. Kyser 60 
 
 Stilphen v. Ware 278 
 
 Stockton V. Insurance Co 224, 313 
 
 Stockton etc. Co. v. Galgiana 38, 150 
 
 Stockton etc. R. R. Co. v. Stockton 
 
 xii, xiii, 34, 100. 284, 303 
 
 Stone V. Elkins 62 
 
 Stoppelkamp v. Mangeot 178 
 
 Storke v. Goux 241 
 
 Stratman, Ex parte 13S 
 
 Stuart, In re 251, 353, 35S 
 
 Summerlaud v. Bickncll 16, 216, 21S 
 
 Suthei-land v. Swoem 180 
 
 Suydam v. Moore 287 
 
 Swails V. White 90 
 
 Swamp Land Dist. No. 150 v. Silver 210 
 
 Sweet v. Tice 14S 
 
 Tav V. Ilawley 28 
 
 Tayh)v, Ex parte 224, 24 i 
 
 Taylor v. Hill 27 
 
 Taylor v. Mott 118, 120 
 
 Taylor v. Palmer 20, 40, 254, 268, 296, 305, 306 
 
 Taylor v. Reynolds 10 
 
 Taylor v. Taintor 5 
 
 Tehama ( 'o. v. Bryan 38 
 
 Toralla Land etc. Co. v. Shaffer 46 
 
 'J'crrett v. Taylor 5 
 
 Thistlcton, Ex jtarle 147 
 
 Thomas v. Anderson 157
 
 TABLE OF CASES CITED. xlix 
 
 Thomas, Ex parte •_• • 9" 
 
 Thomas v. Justice's Court 165, 180 
 
 Thomason v. Ashworth 223, 269, 338 
 
 Thomason v. Ru-sl(>s ix, 223, 2G9, 338, 360 
 
 Thompson v. Williams 145, 170 
 
 Thorn v. San Francisco 43, 46 
 
 Thoi'nton v. Hooper 43, 44 
 
 Thresher v. Atchison 46 
 
 Tluulock Irr. Dist. v. Williams 33 
 
 Thurston v. Clark 23 
 
 Toland v. Earl 159, 163 
 
 Tolaud, Ex parte 362 
 
 Tolman v. Smith 168 
 
 Tomlinson, Matter of 164 
 
 Tomsky v. Superior Court 28, 161 
 
 Tona'wanda v. Lyon 29, 40 
 
 Town etc. v. Frieze 99 
 
 Townsend v. Brooks 169 
 
 Trahern v. San Joaquin Co 37 
 
 Treadwell v. Yolo Co 241 
 
 Tregea v. Owens 305, 309 
 
 Trezevant v. Strong Co 285 
 
 Tril)une Co. v. Barnes 97 
 
 Trumbull's Case 78, 135 
 
 Trumpler v. Trumpler 14.3 
 
 Tucker v. Aiken 349 
 
 Tulare v. Hevren 106, 155, 15(> 
 
 Tulare Co. v. Jefferds 241 
 
 Tulare Co. v. Kings Co 210 
 
 Tulare Co. v. May 15, 108, 110, 111, 112, 217, 258 
 
 Tuolumne Redemption Co. v. Sedgwick 46 
 
 Turlock Irr. Dist. v. Williams 296 
 
 Turner, In re 50^ 
 
 Turner v. Siskiyou Co 15, 107, 215. 
 
 Turney v. Marshall 78, 135 
 
 Tuskaloosa B. Co. v. Olmsted 99 
 
 Tuttle V. Block 46 
 
 Tuttle, Ex parte 242, 247 
 
 Tyler v. Houghton 7, 15.3 
 
 Tyler v. Tehama Co 36 
 
 Underhill v. Santa Barbara etc. Imp. Co 283 
 
 United States v. Ballin 79 
 
 United States v. Cooper 80 
 
 Constitution — v
 
 1 TABLE OF CASES CITED. 
 
 United States v. Gveatboiise 51 
 
 Fnited States v. Hanway 51 
 
 United States v. Haitwell 351 
 
 United States v. Rhodes 5 
 
 University of California v. Bernard xii, 98 
 
 Upliam V. Supervisoi's 09, 208 
 
 Uridias v. Morrill G4, 138 
 
 Urton V. Wilson 335 
 
 Urtou V. Woolsey 107 
 
 Vail V. San Diego Co 13, 103, 111, 215 
 
 Vanderhurst v. Tlaolcke 247 
 
 Van Harliugen v. Doyle 15, 52 
 
 Van Hoffman v. Quincy 5 
 
 Van Valkenburg v. Brown 56 
 
 Vassault v. Austin 138 
 
 Vaughn v. English 127, 351 
 
 Ventura Co. v. Clay 157, 250 
 
 Vernon School Dist. v. Board of Education 
 
 90, 103, 227 
 
 Vilhac V. Stockton etc. K. K. Co 37 
 
 Vincent v. Chicago etc. K. R. Co 280 
 
 VoU, Ex parte 8 
 
 Votan V. Reese 147, 148 
 
 Vulicevich v. Skinner 185 
 
 W 
 
 Waldron v. Railroad Co 287 
 
 Walkcrly, Estate of 151 
 
 Wall, Ex parte 09, 212, 213 
 
 Wallingford, Ex parte 108 
 
 Walser v. Austin 10, 108, 212, 217 
 
 Walsh V. Mathews 40, 307 
 
 Walsh V. Mathews 305, 300 
 
 Walthor v. Raholt 5, 49 
 
 Ward V. Flood 195 
 
 Ware v. Robinson 2(5 
 
 Warner v. Hall 14<{ 
 
 Wai iicr V. Kolly 140 
 
 Washington v. Mlack x, 92, 103 
 
 Waterloo etc. Road Co. v. Cole 272 
 
 Watt V. Wright 1 55 
 
 Weaver v. San Francisco 202, 203
 
 TABLE OF CASES CITED. 11 
 
 Webb V. Hanson lo4 
 
 Weber v. Santa Clara Co 37 
 
 Weiderkind v. Tuolumne Co. Water Co 185 
 
 Weill V. Kenfield vii, 82, 352 
 
 Welch V. Strother 2G3 
 
 Wells V. Black 275, 27G 
 
 Wells, Ex parte 189 
 
 Wells V. Torrance IGO 
 
 Wells, Farso & Co. v. Board of Equalization 31S 
 
 Wells, Farso & Co. v. Enright 278 
 
 Welsh V. Bramlet 
 
 16, 108, 110, 212, 213, 215, 216, 217, 240 
 
 Werner, In re 96, 243 
 
 West I'hil. Pass. R. R. Co. v. Union Pass. R. Co. 81 
 
 Westertield, Ex parte 106 
 
 Western etc. Co. v. Knickerbocker 72, 101 
 
 Wheeler v. Donnell 153 
 
 White, Ex parte 248 
 
 White V. Lighthall ,146 
 
 Whitehnrst v. Stuart 278 
 
 Whiteman v. Wilmington etc. R. R. Co 130 
 
 Whiting V. Haggard 359 
 
 Whiting V. Quackenbush 29, 40, 268, 306 
 
 Whiting V. Townseud 29, 40, 63, 268, 306 
 
 Whitney, Matter of 77 
 
 Whitwell, Ex parte 249 
 
 Wickersham v. Brittan 168, 358, 368 
 
 Wigmore v. Buell 13, 16, 102 
 
 Wilcox V. Oakland 168 
 
 Wilson V. Roach 145, 161 
 
 Will V. Sinkwitz 170 
 
 Willard v. Superior Court 18, 31 
 
 Williams v. Corcoran 303, 305 
 
 AVilliams, Ex parte 106, 107, 362 
 
 Williams v. Williams 159 
 
 Willis V. Farley 152 
 
 Wills V. Austin xv, 29 
 
 Wilmerding, In re 297 
 
 Wilson V. Supervisors 300 
 
 Winchester v. Mabury 270 
 
 Winona etc. R. R. Co. v. Blake 289 
 
 Winona etc. R. R. Co. v. Waldron 287 
 
 Winona Wagon Co. v. Bull 276 
 
 AVinslow, Estate of 151 
 
 Winter v. Fitzpatrick 153
 
 lii TABLE OF CASES CITED. 
 
 Wittmeier, Estate of lot 
 
 Wolters, Ex parte 251 
 
 Wong Hane, Ex parte 24") 
 
 Wong You Ting, Ex parte 9. 1<> 
 
 Wood V. Election Commrs 03, 227 
 
 AVoodruff V. Baldwin 07 
 
 Woods V. Varnnm 0, 8t*. 
 
 Woodward v. Fruitvale Sanitary Dist 
 
 xii, 72, 80, 254, 257 
 
 Wratten v. Wilson 1 7S 
 
 Wright V. Central etc. Water Co 28^ 
 
 WVight V. Del Norte Co 158 
 
 Wright V. Langenour 351 
 
 Wulzen V. Supervisors 25. 27, 02 
 
 Wysiuger v. Crookshank 195 
 
 Yale, Ex parte r>45 
 
 Yarnell v. Los Angeles 257, 250 
 
 Yick Wo, In re 248 
 
 Yolo Co. V. Colgan 80. 82 
 
 Yolo Co. V. Dunn 00 
 
 Y'olo Co. V. Sacramento 150 
 
 York Co. V. Dalhousie 180 
 
 Yosemite Stage etc. Co. v. Dunn 118 
 
 Young V. Rosenbaum 278 
 
 Young V. Wright 180 
 
 Yule V. Bishop 277 
 
 Zabriskie v. Torrey 147 
 
 Zander v. Coe 145. 177
 
 CONTENTS 
 
 OF 
 
 CONSTITUTION OF 1879. 
 
 § 
 
 1, 
 
 s 
 
 2. 
 
 § 
 
 3. 
 
 § 
 
 4. 
 
 § 
 
 5. 
 
 § 
 
 6. 
 
 § 
 
 7. 
 
 s 
 
 8. 
 
 § 
 
 9. 
 
 s 
 
 10. 
 
 § 
 
 11. 
 
 § 
 
 12. 
 
 § 
 
 13. 
 
 § 
 
 14. 
 
 § 
 
 15. 
 
 s 
 
 16. 
 
 « 
 
 17. 
 
 § 
 
 18. 
 
 .»; 
 
 11). 
 
 AETICLE I. 
 
 DECLARATION OF EIGHTS. 
 
 Inalienable rights. 
 
 Political power. 
 
 Relation to the American Union. 
 
 Religions 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. 
 
 Laws prohibited— Bills of attainder, ex post 
 facto, etc. 
 
 Rights of foreign residents. 
 
 Slavery prohibited. 
 
 Searches and seizures, restriction on. 
 (liii)
 
 liV CONTEXTS OF COXSTITUTIOX OF 1879. 
 
 § 20. Treason defined. 
 
 § 21. Privileges and immunities of citizens. 
 
 § 22. Provisions of constitution construed. 
 
 § 23. Rights I'etained by the people. 
 
 § 24. Property qualification not required. 
 
 AETICLE 11. 
 
 RIGHT OF SUFFRAGE. 
 
 § 1. Who are and who are not electors. 
 
 § 2. Privileges of electors. 
 
 § 2y2. Primary elections. 
 
 5j 3. Militia duty, privilege of electors. 
 
 § 4. Residence of voters, gained or lost. 
 
 § 5. Election by ballot. 
 
 AETICLE III. 
 
 DISTRIBUTION OF POWERS. 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 § 1. Senate and assembly, and enacting clause. 
 
 § 2. Sessions of legislature. 
 
 § 3. Election and term of assemblymen. 
 
 4. Election and term of senators. 
 
 6. Number and classes of senators. 
 
 6. Senatorial and legislative districts. 
 
 7. Organization of legislature. 
 
 8. What number constitutes a quorum. 
 0. Rules for their government— Expulsions. 
 
 § 10. Each house to keep a journal. 
 S 11. Privilege of members.
 
 CONTENTS OF CONSTITUTION OF 1879. Iv 
 
 § 12. Vacaucles, how filled. 
 
 § 13. Open doors and secret sessions. 
 
 § 14. Adjournment, how long and where to. 
 
 § 15. Origiu and passage of bills. 
 
 S 10. Approval and return of bills— Passage over 
 veto. 
 
 § 17. Impeachments, presentment and trial of. 
 
 § IS. 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. 
 
 § 21. Embezzlement or defalcation— Penalty for. 
 
 § 22. Public moneys and accounts— Statement of re- 
 ceipts and expenditures. 
 
 § 23. Compensation not to be increased during term. 
 
 § 24. Title of laws— Revision and amendment- 
 Publication of. 
 
 § 25. Local and special laws prohibited. 
 
 § 26. Lotteries prohibited — Purchase and sale of 
 shares of stock to be regulated. 
 
 § 27. Congressional and senatorial districts. 
 
 § 28. Elections by legislature to be viva voce. 
 
 § 29. General appropriation bill, what to contain. 
 
 § 30. Restriction on appropriations and grants of 
 aid. 
 
 § 31. Credit of state or municipalities not to be 
 loaned. 
 
 § 32. Extra compensation to officers forbidden. 
 
 § 33. Charges of gas and telegraph corporations to 
 be regulated. 
 
 § 34. Special appropriation bill, restriction as to. 
 
 § 35. Lobbying defined— Punishment for.
 
 Ivi CONTENTS OF CONSTITUTION OF 1879. 
 
 AETICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 § 1. Executive power vested in governor. 
 
 § 2. Election of governor and term of office, 
 
 § 3. Eligibility and qualifications. 
 
 § 4. Returns of election — Counting votes. 
 
 § 5. Governor to be commander-in-chief of militia. 
 
 § 6. Executive business of. 
 
 § 7. To see that lav^^s are executed. 
 
 § 8. To fill vacancies in office. 
 
 § 9. When to convene special sessions. 
 
 § 10. Messages to legislature. 
 
 § 11. When to ad.iourn legislature. 
 
 § 12. Disability to hold other offices. 
 
 § 13. Keeper of seal of state. 
 
 § 14. To sign and seal grants and commissions. 
 
 § 15. Lieutenant-governor— Election of, etc. 
 
 § 16. When powers of governor devolve on. 
 
 § 17. State officers— Election and terms of office. 
 
 § 18. Secretary of state— Duties of. 
 
 § 19. Compensation of state officers. 
 
 S 20. Governor— Ineligible to United States senate. 
 
 AETICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 § 1. Judicial powers. 
 
 § 2. Supreme court, how constituted. 
 
 § 3. Election of supreme justices. 
 
 § 4. Jurisdiction of supreme court. 
 
 § 5. Superior court, .I'urisdiction. 
 
 § 6. Superior court, how constituted. 
 
 § 7. Superior judges, apportionment of business.
 
 CONTENTS OF CONSTITUTIOX OF 1879. Ivii 
 
 § 8. Judge may hold court in other county — Judge 
 pro tempore. 
 
 § 9. Leave of absence — Limitation of time. 
 
 § 10. Ju.stices and judges, how removed. 
 
 § 11. Justices of the peace, provision for. 
 
 § 12.. Courts of record. 
 
 § 13. Jurisdiction of inferior courts to be fixed by 
 legislature. 
 
 § 14. Clerks of courts and court commissioners. 
 
 § 15. Judicial officers not to receive fees and per- 
 quisites. 
 
 § 16. Supreme court opinions to be publislied. 
 
 § 17. Compensation of justices and judges. 
 
 § 18. Justices and judges ineligible to other offices. 
 
 § 19. Charges to juries. 
 
 § 20. Style of process. 
 
 § 21. Reporter of supreme court decisions. 
 
 § 22. Judges not to practice law. 
 
 § 23. Eligibility of justices and judges. 
 
 § 24. Condition precedent to draft of salary. 
 
 AETICLE VII. 
 
 PARDONING POWER. 
 
 AETICLE VIII. 
 
 MILITIA. 
 
 1. Organization and calling forth of. 
 
 2. Device, banner, or flag to be used.
 
 Iviii CONTENTS OF CONSTITUTION OF 1879. 
 
 ARTICLE IX. 
 
 EDUCATION. 
 
 § 1. Promotion of intellectual improvement. 
 
 § 2. Superintendent of public instruction. 
 
 § 3. County superintendents of schools. 
 
 § 4. School funds, source and origin, and how ap- 
 propriated. 
 
 § 5. Sj'stem of common schools to be provided. 
 
 § 6. 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. 
 
 ARTICLE X. 
 
 STATE INSTITUTIONS AND PUBLIC BUILD- 
 INGS. 
 
 § 1. State prison directors, appointment and term 
 
 of office. 
 
 § 2. Authority and duties of. 
 
 § 3. Power of appointment of employees. 
 
 S 4. Allowance for expenses. 
 
 S 5. Powers and duties to be regulated by law. 
 
 § 6. Convict labor to be regulated. 
 
 ARTICLE XI. 
 
 CITIES, COUNTIES. AND TOWNS. 
 
 § 1. Comities as subdivisions of the state. 
 § 2. Kcnioval of county seats.
 
 CONTENTS OF CONSTITUTION OF 1879. lix 
 
 § 3. New counties, establishment of. 
 
 § 4. County governments to be uniform, under gen- 
 eral laws. 
 
 § 5. Boards of supervisors, election and appoint- 
 ment of. 
 
 § 6. Municipal corporations to be controlled by gen- 
 eral laws. 
 
 § 7. City and county governments may be consoli- 
 dated. 
 
 ? 8. Oity charters, how framed and ratified. 
 
 § 8V2. City and county charters, to contain what. 
 
 § 9. Compensation of officers. 
 
 § 10. State taxes, no release or discharge from. 
 
 § 11. Local police, sanitary, and other regulations 
 may be enforced. 
 
 § 12. Assessment and collection of taxes. 
 
 § 13. Powers not to be delegated to special commis- 
 sion, etc. 
 
 § 14. Inspection officers, appointment of. 
 
 § 15. Private property not liable for corporate debt 
 of municipality. 
 
 § IG. Moneys, etc., to be deposited with treasurer. 
 
 § 17. Making profit out of public funds a felony. 
 
 § 18. Restriction on power to incur indebtedness. 
 
 § 19. Street improvements. 
 
 AETICLE XII. 
 CORPORATIONS. 
 
 1. Corporations to be formed under general laws. 
 
 2. Dues to be secured by individual liability, etc. 
 
 3. Stockholders to be individually liable. 
 
 4. Corporations construed. 
 
 5. Banking prohibited. 
 
 6. Existing charlwrs, when invalid.
 
 IX CONTEXTS OF CONSTITUTION OF 1879. 
 
 § 7. Charters not to be extended, nor forfeiture re- 
 mitted. 
 
 § 8. All franchises subject to the right of eminent 
 domain. 
 
 § 9. Restrictions on powers of corporations. 
 
 § 10. Liabilities of franchise under lease or grant. 
 
 § 11. Corporation stock, restriction on issue of. 
 
 § 12. Election of directors— Cumulative or distribu- 
 tive votes. 
 
 § 13. State not to loan its credit nor subscribe to 
 stock of corporations. 
 
 § 14. Corporations to have office for transaction of 
 business in stocks. 
 
 § 15. Foreign corporations, conditions. 
 
 § 16. Corporations, -where to be sued. 
 
 § 17. Transportation companies, rights and liabili- 
 ties of. 
 
 § 18. Officers of corporations, restriction as to in- 
 terests. 
 
 § 19. Free passes on railroads prohibited to state 
 officials. 
 
 § 20. Fares and freights to be regulated by govern- 
 ment. 
 
 § 21. Discrimination in charges by carriers forbid- 
 den. 
 
 § 22. Railroad districts, organization of. 
 
 § 2.3. Temporary railroad districts. 
 
 § 24. Legislature to pass laws to enforce this article. 
 
 AKTICLE XIII. 
 
 REVENUE AND TAXATION. 
 
 1. Taxation to be in proportion to value. 
 IVa. Churches exempt from taxation. 
 
 2. Land and improvements to be separately as- 
 
 sessed.
 
 CONTENTS OF CONSTITU'lION OF 1S79. Ixi 
 
 § 3. Soctionized aud unsectionized laud, 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. 
 
 § 8. Annual statement of property to be given. 
 
 § 9. State board of equalization. 
 
 § 10. Property, where assessed. 
 
 § 11. Income taxes. 
 
 § 12. Poll tax. 
 
 § 12%. Young trees and vines exempt from taxation. 
 
 § 13. Laws to be passed by legislature. 
 
 AETICLE XIV. 
 WATER AND WATER RIGHTS. 
 
 AETICLE XV. 
 HARBOR FRONTAGES, ETC. 
 
 AETICLE XVL 
 
 STATE INDEBTEDNESS. 
 
 AETICLE XVIL 
 LAND AND HOMESTEAD EXEMPTION. 
 
 1. Homesteads. 
 
 2. Land monopoly. 
 
 3. Lands granted only to actual settlers. 
 
 Constitution — vi
 
 liii CONTENTS OF CONSTITUTION OF 1879. 
 
 AETICLE XVIII. 
 
 AMENDING AND REVISING THE CONSTITU- 
 TION. 
 
 § 1. Proposal of amendments— Submission to vote. 
 § 2. Revision— Convention for. 
 
 AETICLE XIX. 
 
 CHINESE. 
 
 § 1. Protection from alien paupers, etc. 
 
 § 2. Corporations proliibited from hiring Chinese. 
 
 § 3. Public works, Chinese not to be employed on. 
 
 § 4. Coolieism prohibited— Removal of Chinese. 
 
 ARTICLE XX. 
 MISCELLANEOUS SUB.IECTS. 
 
 § 1. Seat of government. 
 
 § 2. Dueling, disabilities arising from. 
 
 § 3. Oath of office. 
 
 § 4. . Election and appointment of officers and com- 
 missioners. 
 
 § 5. Fiscal year. 
 
 § G. Suits against state, 
 
 § 7. iMarriage contracts, validity of. 
 
 § 8. Separate property of husband and wife. 
 
 § 9. Perpetuities not allowed. 
 
 § 10. Disqualification for office by giving or taking 
 bribe. 
 
 § 11. Exclusion from offic'e, jury, and riglit of suf- 
 frage of certain persons— Protection of right 
 of suffrage. 
 
 § 12. Residence, when absence not to affect.
 
 CONTENTS OF CONSTITUTION OF 1879. Lsui 
 
 § 13. Plurality vote to elect 
 
 § 14. State board of health. 
 
 § 15. Mechanic's lien. 
 
 § 16. Term of office, duration of. 
 
 § 17. Eight hours a legal day's labor, 
 
 § 18. Sex not a disqualification for business. 
 
 § 19. Payment of expenses of convention. 
 
 § 20. Election of officers— Term, when commences. 
 
 AETICLE XXL 
 BOUNDARY. 
 
 AETICLE XXII. 
 
 SCHEDULE. 
 
 § 1. Laws to remain in force. 
 
 § 2. Recognizances, obligations, etc., unaffected. 
 
 § 3. Courts, save justices' and police courts, abol- 
 ished—Transfer of records, books, etc. 
 
 § 4. State printing. 
 
 § .5. Ballots to be printed. 
 
 § 6. Registers, poll-books, etc., to be furnished. 
 
 § 7. Who entitled to vote for constitution. 
 
 § 8. Canvass of. returns of vote. 
 
 § 9. Computing returns of vote. 
 
 § 10. Terms of officers first elected. 
 
 § 11. Laws applicable to judicial system. 
 
 § 12. Constitution, when to take effect.
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF CALIFORNIA. 
 
 Adopted in Convention, at Sacramento^ 
 
 March 3, A. D. 1879 ; Ratified 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 piven in one name is satisfied 
 bv a bond given in the other. (People v. Love, 19 
 Cal. C>76.) 
 
 FORM OF GOVERNMENT.— Our system is not 
 a pure democracy, but a representative republican 
 government. (Hobart v. Supervisors, 17 Cal. 23.) 
 Constitution— 1 (1)
 
 Alt. 1, § 1 CONSTITUTION OF 1879. 2 
 
 ARTICLE I. 
 DECLARATION OF RIGHTS. 
 
 § 1, Inalienable rights. 
 
 § 2. Political power. 
 
 § 3. Relation to the American Union. 
 
 § 4. Religious freedom. 
 
 § 5. Habeas corpus. 
 
 § 6. Right to bail— Rights of witnesses. 
 
 § 7. Trial by jury. 
 
 § 8. Offenses, how prosecuted. 
 
 § 9. Liberty of speech and freedom of the press- 
 Trials for libel. 
 
 § 10. Popular assemblies. 
 
 § 11. Uniformity of laws. 
 
 § 12. Military power. 
 
 § 13. Personal and property rights. 
 
 § 14. Eminent domain. 
 
 § 15. Imprisonment in civil cases. 
 
 § 16. Laws prohibited— Bills of attainder, ex post 
 facio, etc. 
 
 § 17. Rights of foreign residents. 
 
 § 18. Slavery prohibited. 
 
 § 19. Searches and seizures, restriction on. 
 
 I 20. Treason defined. 
 
 § 21. Privileges and immunities of citizens. 
 
 § 22. Provisions of constitution construed. 
 
 § 23. Rights retained by the people. 
 
 § 24. Property qualification not required. 
 
 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 liajipincss.
 
 3 CONSTITUTION OF 1879. Art. I, § 1 
 
 PROPERTY.— The right of acquiring:, possessing', 
 and protecting property is one of tlie primary objects 
 of government, is guaranteed by the constitution, 
 and cannot be impaired by the legislature. (Billings , 
 V. Hall, 7 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 I'equire 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 tiling 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 sub(?on- 
 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 iipon the power to 
 malve contracts, and is, therefore, unconstitutional. 
 (Gibbs V. Tally, 22 Cal. Dec. 85.) 
 
 An act authorizing the proljate 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. 8G, 61 Pac. 650.) 
 
 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 tlie street-cars from 
 which the transfer is made, and received only within
 
 Art. I, § 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 Ix)renzen, 128 Cal. 431. 61 Pac. G8.) 
 
 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 corjioration 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.) 
 
 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. (Ex 
 parte Newman, !) Cal. 502. But see Ex parte An- 
 drews, 18 Cal. 678.) 
 
 But this provision does not jirevent the legislature 
 from prohibiting the conducting of otfensive trades 
 within the limits of a city. (Ex parte Shrader, 33 
 Cal. 279.) 
 
 So an ordinance making it unlawful for any pet- 
 son to conduct 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. (Ex parte 
 Moynier, 6.". Cal. .'?.'?. 2 Pac. 728.) 
 
 An ordinance making it imlawful to play any in- 
 strument, etc., in any saloon, etc., after midnight, 
 and for any female 1o be in any saloon, etc., after 
 niidniglit, <locs not violate this provision. (Ex parte 
 Siuitli <t Keating, 38 Cal. 702.) 
 
 Sunday laws. — In Ex parte Newman, 9 Cal. r)02, it 
 was held tliat an act mailing it uulawfid to trans- 
 act any l)usiness upon the Sabbatli, except certain 
 designated ones, was in viol.ation of this provision, 
 <Mi tlie 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. 
 Tills decision was overnded in Ex parte Andrews, 
 18 Cal. 678, and Ex parte Bird, 19 Cal. 130.
 
 5 CONSTITUTION OF 1879. Art. I, §§2,3 
 
 An aft inakinjr it a misdeiiioanor to keep open a 
 barber-shop on Sundays oj- otlier holidays Is in vio- 
 lation of this section. (Ex parte Jentzsch, 112 Cal. 
 44)8, 44 Pac. 803.) 
 
 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 foreijiners as may elect to 
 assume the obligations of citizens by naturalization. 
 Those Avho are not of the people have no share in 
 political power; and, therefore, an alien is not eligi- 
 ble to an otiice 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, see. 2; Prigg v. Commonwealth, 16 Pet. 
 ((28; New Jersey v. Wilson, 7 Cranch, 164; Terrett 
 A". Taylor, !) Cranch, 43: \'on Hoffman v. (.Miincy. 4 
 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 spliere of 
 action. (Dobbins v. Commrs. of Erie Co., 16 Pet. 
 435: Ableman v. Booth, 21 How. 520; Cohens v. Vh-- 
 ginia, 6 Wheat. 264; United States v. lUiodes, 1 Abb. 
 U. S. 44; McCulloch v. Maryland. 4 Wheat. 316.) 
 
 The constitution of the tjnited States is a part 
 of the organic law of each state. (Taylor v. Taintor, 
 16 Wall. .366; Ex parte Komaine, 23 Cal. 585.)
 
 Art. I, § 4 CONSTITUTION OF 1879. _ G 
 
 Sec. 4. Tlie free exercise and enjoA'mcnt of 
 religions profession and worship, without discrim- 
 ination or preference, shall be forever guaranteed 
 in this state; and no person shall he 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 makiii!? it unlawful to 
 transact any business upon the Sabbath, except cer- 
 tain designated ones, Avas in violation of this provi- 
 sion. In reaching this conclusion, the following prin- 
 ciples Avere laid down: 
 
 Our constitutional theory regards all religions, as 
 such, as equally entitled to protection and equally 
 unentitled to preference. Wherd there is no ground 
 or necK'ssity 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 aftirmative act, or to refrain from doing 
 anything, merely because it violates a religious prin- 
 ciple or o1)servance, tlie act is tu)con.stitutional. 
 
 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 l)y 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, IS Cal. 078; Ex parte 
 Bird, 10 Cal. 130; Ex parte Burke, 59 Cal. 6. 
 
 WITNESSES— This section means that a witness 
 Is coiiipctcut witho\it r«\si)ect to his religious senti- 
 ments or convictions— the law leaving bis conipe-
 
 7 CONSTITUTION OF 1879. Art. I, §§ 5, G 
 
 toncj to lo.ffal sanctions, or, at least, to considera- 
 tions iniloi)endeut 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 vrhen, in 
 cases of rebellion or invasion, the public safety 
 may require its suspension. 
 
 HABEAS CORPUS.— Tills 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 supre;me court in any 
 ease, except under the same circumstances. (Ex 
 parte Ellis. 11 Cal. 222.) 
 
 As to what courts may issue writs of habeis cor- 
 pus, see article 6, sections 4, 5; People v. Turner, 
 1 Cal. 14.3; Ex parte Perkins, 2 Cal. 424; People v. 
 ISooker, &! Cal. 317; 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 ball 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 .Indge or court can properly re- 
 fuse. (People V. Tinder, 19 Cal. 539.)
 
 Art. I, § 7 COXSTITUTION OF 1879. G 
 
 An act making admission to bail matter of discre- 
 tion in all eases where the punishment is death, un- 
 less the in-oof is evident or the presumption sreat. 
 is in conflict with this section. (People v. Tinder, 19 
 Cal. 530.) 
 
 This section does not prevent the court from order- 
 ing the defendant into custody as soon as the trial 
 is commenced. (People v. Williams. r>;) Cal. (>74.) 
 
 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 issneil 
 the warrant, or some other magistrate in the same 
 county. (Ex 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 Dressier, 07 Cal. 257, 
 7 Pac. 045.) 
 
 PUNISHMENT.— "Cruel and mmsiial ]iunishnion:s"' 
 are punishments of a barl^arous cliaracter and un- 
 known to the common law. (State v. McCauloy, 15 
 Cal. 429.) 
 
 A statute authorizing the leasing out of convicts 
 is not in violation of this provision. (State v. Mc- 
 Cauloy, 15 Cal. 429.) 
 
 A law making an offense punishal)le ''by imprison- 
 ment in the state prison not e.xcceding live yfais. 
 or in tlie count v .iail not exceeding six months, or 
 both," is valid.' (People v. Perini, 94 Cal. 573. 20 
 Pac. 1027.) 
 
 Sec. 7. Tlic right of trial by jvivv sliall bo so- 
 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- 
 pent of both parties, expressed in open court, and 
 in civil actions by the consent of the ])arties, signi-
 
 9 coxstitutiojN of 1879. Art. I, g 7 
 
 fied in such manner as may l)c 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 g-ives a ripht 
 to a trial l)y jury in cases where tlie ritrht existed 
 at conunon law. (C'assidy v. Sullivan, 04 Cal. 266, 
 28 Pae. 234; Koppikus v. State Capitol Commrs., 16 
 Cal. 24S: Woods v. Viirnum, S.^ Cal. 639, 24 Tac. 843.) 
 
 It cannot be demanded as of rijiht in an equity 
 case, but only in criminal and civil cases in whir-li 
 an issue of fact is joined. (Koppikus v. State Capi- 
 tol Conunrs.. 16 Cal. 248.) 
 
 The ri£?lit does not exist in actions for divorce 
 (CassidyV. Sullivan, 64 Cal. 266, 28 Pac. 234); con- 
 denuiation proceed inc,s (Koppikus v. State Capitol 
 (jonunrs., 16 Cal. 248); proceedinijs for the removal 
 of public officers (Woods v. Varnum, 85 Cal. 039, 24 
 Pac. 843); or in cases of equity jurisdiction. (Pacific 
 Ry. Co. V. Wade. 91 Cal. 449. 27 Pac. 708.) 
 
 As to the ri^ht to a jury trial in an action to 
 quiet title, w^here the defendant is in possession, see 
 Hyde V. Redding, 74 Cal. 493, 16 Pac. 380; Angus 
 v. Craven, 132 Cal. 091, 64 Pae. 1091. and cases there 
 cited. 
 
 An act providing for the removal of officers for 
 extortion, and providing generally that the practice 
 governing otlier civil actions shall apply thereto, does 
 not deprive the defendant of a jury trial. (Rvan v. 
 Johnson, r> Cal. 86.) 
 
 Petty offenses.— This provision does not prohibit the 
 legislature from providing for summary proceedinas 
 without a jury in cases of such petty offen.ses 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 Wonir 
 You Ting, 100 Cal. 29(). 39 Pac. 027: In re Fife, 110 
 Cal. 8, 42 Pac. 299.) 
 
 But where the offense falls witliin tlie legal or
 
 Art. I, § 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. (Tnylor v. Reynolds, 92 Cal. 573, 28 Pac. 
 688; Ex parte Wonji- You Ting, lOG Cal. 21)0, 39 Pac. 
 627.) 
 
 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 
 bei!n 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 v/ithout the consent of the defendant, is uncon- 
 stitutional. (People V. Powell, 87 Cal. 348, 25 Pac. 481.) 
 
 Jurors. — A law taking aAvay 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. 134, 54 Vac. 596.) 
 
 Waiver of jury trial.— Tlie legislature alone, and 
 not the court, can determine Avliat 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 ai)peal from the judg- 
 ment. (In re llohinson, 100 Cal. 493. 39 Pac. 802.) 
 
 A plea of guilty is a Avaiver of a jury trial. (People 
 V. Lennox, 07 Cal. 113, 7 Pac. 200.) Also a failure to 
 demand it in a civil case before the trial licgln*. 
 (Polack V. Curneo, 00 Cal. 20(5, 5 Pac. 229, 010.) 
 
 Refusal of, how reviewed.— The denial of a jury 
 trial may be reviewed upon an ai)peal from the judg- 
 ment (In re Robinson, im Cal. 49;{, 39 Pac. 802), but 
 cannot be reached by a writ of hal)eas corpus. (Ex 
 parte Miller, 82 Cal. 454, 2*2 Pac. 111:5.) 
 
 Sec. 8. OfFcnsos liercloforc required 1o l)e prose- 
 ctited 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. 
 
 INTHCTMENT AND INFORMATION.— A crime 
 committed before the adoption of the new consti- 
 tution may, after sucli adopiion, be prosecuted by 
 information. (People v. Campbell, 59 Cal. 243.) 
 
 A.s to the distinction between an indictment and 
 a presentment, see In re Grosbois, 109 Cal. 445, 42 
 Pac. 444. 
 
 lender this provision a presentment by the grand 
 .iury 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. (Ex parte McCarthy, 53 Cal. 412.) 
 
 A defendant cannot be put upon trial under an 
 information until after examination and commit- 
 ment bv 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 
 criminal 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. 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 lib- 
 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. 12 
 
 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 docs 
 not make all piililications in a newspaper privilesred. 
 ((Jilman v. McClatchy, 111 Cal. GOO, 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 newspajier 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 v. Publishing 
 8oc., 91) Cal. 431, 34 Pac. 128.) 
 
 A court has power to punish as a contempt a p\ib- 
 lication charging a judge Avitli •'dclilterale lying 
 about the law." etc., in a case before him. (Ex 
 parte T5arry, Sr. Cal. G03, 25 Pac. 25().) 
 
 Under this section a court has no power to forbid 
 the representation ujion the theatrical stage of the 
 facts of a criminal case, i)ending the trial of such 
 case. (Da ill' V v. Superior Court, 112 Cal. 94, 44 Pac. 
 458.) 
 
 The last sentence of this section api)lies to the case 
 of a person who causes a lil)el to he publisheil in a 
 newspaper, as Avell as to a publication by the pub- 
 lishers and proprietors alone. (In re Kowalsky, 73 
 Cal. 120, 14 I'ac. 300.) 
 
 Sec. 10. The people sball have the right to 
 freely assemble together to consult for the com-
 
 13 CONSTITUTION OF 1ST9. Alt. I, § 11 
 
 men good, to instruct their representatives, and 
 to petition the legislature for redress of grievances. 
 
 RIGHT TO FBEELY ASSEMBLE.— Tliis section 
 does not prevent the lesishiture from forbidding un- 
 lawfid asseinblies. As to wliat are sucli .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 unifonn operation. 
 
 UNIFORMITY OF LAWS.— This provision does 
 not affeet 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, malt- 
 ing it applicable to the present judicial system, dots 
 not make it unconstitutional. (People v. Durrant, 
 116 Cal. 179, 48 Pac. 75.) 
 
 General principles.— The word "luiiform" does not 
 moan "universal." (People v. Twelftli District Court, 
 17 Cal. 547; Hellman v. Shoulters, 114 Cal. 13G, 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 category, and upon rights and 
 things in the same relation. (People v. Henshaw, 7G 
 Cal. 43G, 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. 
 'jOO.) 
 
 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; Codv v. Murphey, 89 Cal. 522. 26 Pac. 
 1081; Kfthn v. Sutro, 114 Cal. 316, 46 P'»'^. 87: Murphy 
 v. Pacific Bank, 119 Cal. 334. 51 Pac. 31 7. i 
 
 The meaning of this provision is that the leghsla 
 Constitution— 2
 
 Art. I, § 11 C'OXSTiTUTiON OF 1879. 14 
 
 •ture shall not grant to any citizen or class of citi- 
 zens privileges or immunities wliich upon the same 
 teriD shall not equally belons; to all citizens. (Ex 
 parte Smith & Keatiuii, 38 Cal. 702; Miller v. Kister, 
 68 Cal. 142, 8 Pac. 813; People v. Henshaw, 7G 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. ;'.0S; Brooks v. 
 Hyde, 37 Cal. 30G; Addison v. Saulnier, 10 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- 
 aon: 
 
 A provision of the County Government Act that, in 
 counties of a certain designated population, county 
 licenses, collected in cities shall be paid into the 
 treasui-ies 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 11. R. Co. v. Baldwin, 57 Cal. KiO); 
 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 Claiu-y, 90 Cal. 
 553, 27 Pac. 411); a law requiring cities of two desig- 
 nated classes to make an elfort to agree with the 
 owners of land sought to be condemned, before in- 
 slituting condemnation proceedings (I'asadena v. 
 Stimson, 01 Cal. 238, 27 Pac. 604); a provision of 
 the County (jovernmont Act of 188.3, tliat the boards 
 of supervisors of counties of certain designaled 
 classes m;iy allow county odicers a dei)uty wlu'ncver 
 in the opinion of sudi bdard Ihe salaries of such of- 
 ficers are insufhcicnt (Hougherly v. Austin, 01 Cal. 
 601, 28 Pac. 8:!4, 2!) I'ac. 1092); the provision of 
 the Australian ballot law for the voting of straight 
 tickets by stami)ing the ticket o])i)osite the name of 
 the political partv to be printed at the head of the 
 ticket (Eaton v. "Prown, 96 Cal. 371, 31 Par. 250); 
 an act providing that in cities having boards of edu- 
 cation, the city treasureis are to have the custody
 
 15 CONSTITUTION OF 387'.'. Art. I, § 11 
 
 of the state and county school money appropriated 
 to the city (Bruch v. Colombet, 104 Cal. 347, 38 Pac. 
 45); a provision in the County Government Act that, 
 in counties of one particuhir chiss only, witnesses 
 in criminal cases shall be paid the same fees as 
 jurors, in the discretion of the judge (Turner v. Sis- 
 kiyou Co., 100 Cal. 332, 42 Pac. 434); 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. lOSl); the Primary Election Law of 1S95, be- 
 ing confined in its operation to counties of the first 
 and second class (Marsh v. 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 (Dwver v. Parker, 
 115 Cal. 544, 47 Pac. 372); an act fixing different 
 rates of liability upon stockholders in different cor- 
 porations (French v. Tescheinali;er, 24 Cal. 518); the 
 provision of the County Government Act that no 
 supplies, etc., 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. Dec. 35G). 
 
 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. AV., 54 Cal. 571); an act establishing dii'- 
 ferent fee bills for separate counties, not being of 
 a general nature (Ryan v. Johnson, 5 Cal. 80); an 
 act to i-emedy the failure of the tax collector to 
 publish the names of the owners, etc., it being not a 
 general, but a special, law (Moore v. Patch, 12 Cal. 
 2(55); 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.
 
 Art. I, § 11 coxsTiTUTio.x OF 1879. 1© 
 
 303, 50 Pac. 427, overruliuff ^^'elsh v. Bramlet, OS 
 Cal. 219. 33 Pac. 6G, and Walser v. Austin. 104 Cal. 
 128. 37 Pac. 860); aii act subjecting trespassing ani- 
 mals to attachment witliout the affidavit required 
 in other cases of attachment (Wigmore v. Buell, 122 
 Cal. 144, 54 Pac. 600); a law providing ihat assessors 
 in counties of one particular class shall pay all per- 
 centage for the collection of poll taxes in^to the 
 county treasury (Summerland v. BicknelJ. Ill Cal.. 
 567, 44 Pac. 232); an act providing tor police courts 
 in all cities of a designated population, and provid- 
 ing that it shall go into effect upon the expimrion 
 of the term of office of the present police judges of 
 such cities (People v. Henshaw. 76 Cal. 436, 18 Pac. 
 413); an act providing for the commitment of minor 
 criminals to ]ionsectarian cliaritable corporations at 
 the expense of the county (Boys' and Girls' Aid So- 
 ciety V. lieis, 71 Cal. 627. 12 Pac. 796); an ordinance 
 prohibiting pul)lic laundries in designated parts of 
 a city (In re Hang Kie, 69 Cal. 149. 10 Pac. 327); 
 an ordinance making it imlawful for any person to 
 conduct a laundry -within certain limits without a 
 certificate from tlie lire wardens as to the condition 
 of the heati)ig aiu)li;inces, and forbidding the opera- 
 tion of any laundry lielween 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-sliops. l):ith- 
 houses and hairdrensing saktons (Kx ))arte Burke, 
 59 Cal. 6); tlie Kevenue Act of 1853, since the leg- 
 islature may discriminate in the imno.s-ition of taxes 
 on certain classes of persons, ()ccui)atioMs or species 
 of property, taxing some and extMupting others 
 (People V. CVjlenian, 4 ('.al. 4(]); an act jjrohibiiing 
 all persons, exceiit innkeepers and tlie like, from 
 keeping open tlK^r pl.ices of business on Sundays 
 for the lr:ins:action of business iKx i>arte Andiews, 
 18 Cal. ()7S); a statute estaldisliing a limitation upon 
 actions for tiie recovery of lands in San Krancisco 
 under the Van Ness Ordinance (Brooks v. lly<U». 
 .'57 (3al. 3.66); an ordinaiu-e making it unlawful to 
 |,lay upon any musical instrument in .any saloon, 
 etc.. after Jiiidiiiglit. and for any female to be in 
 any saloon, etc.. attci- niidiiiglit (Ex parte Smith «&
 
 17 CONSTITUTION OF 1S71). Art. 1, S§ 12, 13 
 
 KeatinjT, 38 Cal. 702); an act giving to laborers work- 
 ina: upon mines only a lieu for their wafrcR (Quale 
 V. Moon. 4 ( al. 478); a state revenue law ni:ikin;r dif- 
 ferent provisions in the different counties witli 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 
 compelled, 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, Avill not attend at the trial. 
 
 SPEEDY TRIAL.— Section 1382 of the Penal Code 
 i.^ mandatory, and the court lias no discretfon to 
 deny the defendant a spetdy trial as pruvided by
 
 Art. 1, § 13 coxsTiTiTTiox of 1S79. 18 
 
 that section. (People v. Moriuo, 85 C'al. 515, 24 Pac. 
 892.) 
 
 PUBLIC TRIAL.— The M'ord "public" is used In 
 this sectiou iu opposition to the word "secret."- 
 (People V. Swafford, (i5 Cal. 223, 3 Pac. 800.) 
 
 The trial should be public in the ordinaiy, com- 
 Dion-sense acceptation of the term, the doors should 
 be open, the public admitted with due retrard to the 
 size of the courtroom, the conveniences of the court, 
 the right to exclude objectionable characters and 
 youihs of tender years, and to do other things which 
 may facilitate the proper conduct of tlie trial. (Peo- 
 *ple V. llartman, 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 m-e1udicial. (People v. llartman, 103 Cal. 242, 
 37 Pao. 153. But see People v. Swafford, G5 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 oflicers 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. (Pwple v. Tarbox, 115 Cal. 57, 40 Pac. 89(5.) 
 
 The defendant may waive his riglit to be con- 
 fronted with the Avitnesses. (People v. Bird, 132 Cal. 
 2(51.1 
 
 WITNESSES.— The legislature has jiower to limit 
 the compulsory attendance of prisoners confined in 
 the state prison to cases of necessity, the existence 
 <»f which is lo be dcicrmiued by the court. (Willard 
 v. Superior Conrl. S2 (*al. I.".(;,"22 Pac. 1120.) 
 
 RIGHT TO APPEAR AND DEFEND. This provi- 
 sion only gives tlie (lerciidant tlic i-iglit lo appear 
 and defend in jn-rson and witli counsel, .and does 
 not give him (lie riglit to ;ipi>ear I)y counsel wlie«i 
 he is himself absent. Therefore, when a defendant
 
 19 CONSTITUTION OF 1ST9. Art. I, § 13 
 
 in a criminal case escapes after conviction, and pend- 
 ing an appeal, tlie a;)peal will not be heard in his 
 absence, bnt will be dismissed, (reople v. Rediuger, 
 55 Cal. 200.) 
 
 To require a prisoner during the progress of his 
 trial to appear and remain with cliains upon his liml>s, 
 without evident necessity as a means of securing 
 his presence for judgment, is in violation of this sec- 
 tion. (People V. Harrington, 42 Cal. 1G5.) 
 
 A view of the premises without the presence of 
 the defendant is in violation of this section. (People 
 V. Bush, G8 Cal. 023, 10 Pac. 1G9.) 
 
 JEOPASDY. — When a person is placed on trial 
 upon a valid indictment, before a competent court 
 and .iury, he is in jeopardy. (I'eople v. Cage, 48 Cal. 
 323; Ex narte Hartmar, 44 Cal. 32; People v. Webb, 
 38 Cal. 4(i7; Ex parte Fenton, 77 Cal. 183, 19 Pac. 
 207: 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. 407; People v. Smalling, 94 Cal. 112, 29 
 Pac. 421.) 
 
 This is true although the judgment is arrested by 
 the court (Ex parte Hartman, 44 Cal. 32); or an 
 acquittal is obtained by reason of an erroneous in- 
 struction (People V. Webb, 38 Cal. 407; People v. 
 Roberts, lU Cal. 07, 45 Pac. lOKJ; People v. Horn, 
 70 Cal. 17, 11 Pac. 470); or the action is dismissed by 
 llie court on the ground that he is, in tlie opinion 
 of the court, guilty of a more serious offense (People 
 V. Ny Sam Cliung, 94 Cal. 304, 29 Pac. 042). 
 
 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 impos- 
 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 
 coiu't has no jurisdiction does not place the defend- 
 ant in jeopardy so far as that plea is concerned.
 
 Art. I, § 13 CONSTITUTION OF 1S79. 20 
 
 (I'eople V. Woods, 84 Cal. 441. 23 rae. 1119; Teople 
 V. Tiainboi-2-, 84 Cal. 4G8. 24 Pac. 298.) 
 
 Subdivision of section 1238 of tlio Penal Code, 
 allowinj? the people to appeal from an order of the 
 court directinf? the jury to tind for the defendant, is 
 void, since the defendant has l)een in jeopardy. 
 (People V. Horn, 70 Cal. 17, 11 Pac. 470.) 
 
 The fact that the dt^feudant has been held to an- 
 swer by a justice of the peace and discharged does 
 not prevent him from again being held to answer. 
 (Ex parte Cahill. 52 Cal. 403.) 
 
 If a demurrer is sustainpd to an information, with- 
 out leave to amend, it is a bar to another prosecu- 
 tion. (People V. Jordan, 03 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, GS Gal. 18, 8 Pac. 
 517.) 
 
 A discharge upon preliminary examination do( s 
 not place tlio defendant in jeopardy. (Ex parte Fen- 
 ton. 77 Cal. 183, 19 Pac. 207.) 
 
 Discliarg-e of jury. — If the jury is discharged with- 
 out tlie consent of the defendant, except in case of 
 unavoidable accident or necessity, the def(>ndaTit can- 
 not be again prosecuted. U'euple v. Cage, 48 Cal. 
 32.^.) 
 
 Inability of the jury to agree after a reasonable 
 time for <leliberation is an unavoidable necessity. 
 (People V. Cage, 48 Cal. 323; People v. Small ng, 94 
 Cal. 112, 29 Pac. 421; People v. James, 97 Cal. 400, 
 32 Pac. 317.) 
 
 The fact of such necessity cannot bo impoMched 
 by extrinsic evidence, and such disi-harge may lie 
 made in the absence of the def(M)dant. if his presenci' 
 is waived by his counsel. (People v. Smalling. '.»4 
 Cal. 112. 29 Pac. 421.) 
 
 Even if tlie court inslructed the jury to acquit. 
 a plea of once in jeopardy will not prevail if the 
 jury is discluugcfl for failure to agree. (People v. 
 Jaiiies, 97 Ca|. 4(i(t, 32 Pac. .".n.l 
 
 The couit cannot discharge the jury merely upon 
 a rei)ort of the sherirc Ihat the jury cannot agr<*e. 
 (['iM.iih> v. Cage. 4s c.ii. ;;-j:!.»
 
 21 CONSTITUTION OF ISTO. Art. I, § i;> 
 
 Where the .inry is diseharn-iMl for faihire to acrreo. 
 It is not necessary that the record slionld show that 
 it satisfactorily api)eared to the judse tliat tliere was 
 no reasonable probability that tlie jury conld a§ree. 
 (People V. Greene. 100 Cal. 140. M Vac. 030.) 
 
 Where the defendant flees diirinj; the trial and the 
 jury is discliarged, a plea of once in jeopardy has no 
 merit. (People v. Hissins- 59 Cal. 357.) 
 
 Where the jury is discharged with the consr-nt of 
 the defendant, a plea of once in jeopardy will not 
 prevail. (People v. Curtis, 7G Cal. 57, 17 Pac. 941.) 
 
 The same is true if tlie juiy is discharged on ac- 
 count of the siclcne.ss of one of tlie jurors. (People 
 V. Ross, 85 Cal. 383, 24 Pac. 789.) 
 
 But if a defendant is indicted for manslaugliter, 
 the court cannot lawfully discharge the jury because 
 it is of the opinion that he is guilty of murder. 
 (People V. Hunclieler, 48 Cal. 331.) 
 
 Nor can the jury be lawfully discharged because 
 it has found a verdict convicting tlie defendant of 
 a crime not included in the cliarge. (People v. Ar- 
 nett, 129 Cal. 300, Gl Pac. 930.) 
 
 Different offenses. — AVhere the legislature has foi*- 
 bidden the sale of opium, unless a record of the sale 
 is Icept, and a city ordinance forbids tlie 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. (J81, 33 Pac. 
 799.) 
 
 A prosecution for fraudulently procuring a note of 
 one of the joint makers is not a bar to a prosecution 
 for fraudiilently 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. 85(i.) 
 
 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. Nv Sam
 
 Art. I, § 13 coNSTiTUTiox OF 1ST9. 22 
 
 Chunpr, 04 Cal. 304, 29 Pac. G42; Tcople v. Gor-loii. 
 99 Cal. 227, 33 Pac. 901.) 
 
 Where a defendant is charged with assault witii 
 a deadly weapon, and is convicted of battery, and 
 the judgment is reversed, a plea of once in jeopardy 
 Avill not lie, as ass.ault does not include battery. 
 (People V. Helbing, 61 Cal. G20.) 
 
 A defendant tried for murder, and convicted of 
 murdei' 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, Co Cal. 2.32, 3 Pac. SIS.) 1 
 
 A conviction of an assault, imder an information 
 charging an assault with intent to murder, is a bir 
 to a prosecution for mayhem committed during the 
 assault. (People v. Defoor, 100 Cal. 150, 34 Pac. G42.) 
 
 A verdict of manslaughter is the equivalent of a 
 verdict of not guilty of murder, and the defendant, 
 after such verdict, cannot be again trietl upon the 
 charge of murder. (People v. Muhlner, 115 Cal. 303, 
 47 I'ac. 12.S.) 
 
 New trials and appeals. — Where a new trial is or- 
 dereil for insufficiency of the evidence, a plea of 
 once in jeopardy has no merit. (People t. Hardisson, 
 Gl 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. Scliniidt, G4 Cal. 2t;o, 30 Pac. 814; I'eojde v. 
 I<:ppinger, 109 Cal. 294, 41 Pac. 1037; People v. Clnrk, 
 G7 Cal. 99, 7 Pac. 178; People v. Mooney, 132 Cal. 13.) 
 
 The same is true where the judgment is revei'sed 
 because the verdict fails to find tlie degree of the 
 crime. (People v. Travers, 73 Cal. HSO, 15 Pac. 293; 
 People V. Lee Yune Chong, 94 Cal. 379, 29 Pac. 770.) 
 
 Also where the judgment is revers<>(l for failure to 
 file the informal iun witliin tlie time i)rescril)e(l by 
 the statute, (l'eoi)le v. Wickliam, 110 Gal. 384, 48 
 Pac. 329.) 
 
 Also whore the judgment is reversed for failur*! 
 to find upon a pU'a of once in jeopardy. (People v. 
 Tuclcer, 117 Cal. 229. 4U Pac. 1.34.) 
 
 AVbere the defendant li;is not asked for u now trial.
 
 23 CONSTITUTION OF 1879. Art. I, § 13 
 
 the supreme court in reversing ttie .iudsment may 
 nevertheless liiant it. (People v. Travers. 77 Cal. 
 17G, 10 Pac. 2C.S; People v. Lee Yune Cliong, 94 Cal. 
 370, 29 Pac. 77(1) 
 
 Practice. — The question of jeopardy can only arise 
 after an issue has been made of once in jeopardy. 
 (People V. Lee Yune Chou?:. 04 Cal. r,70, 29 Pac. 77G.) 
 
 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.) 
 
 WITNIESS 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. (Tliurston v. Clark, 107 
 Cal. 285. 40 Pac. 435.) 
 
 Sections 145S to 14G1 of the Code of Civil Proce- 
 dure are not penal in their nature. (Levy v. Supe- 
 rior Court. 105 Cal. GOO, 38 Pac. 0G5.) 
 
 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 M'hat kind of a pistol he had, 
 and whv he cocked it. (People v. Brown, 7G Cal. 
 573. IS Pac. G78.) 
 
 AVhere 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. 243, 15 Pac. 
 SG.) 
 
 It is sufficient, to bring a person within the immu- 
 nity of this provision, that there is a law creating
 
 Art. I, § 13 CONSTITUTION OF 1S79. 24 
 
 the offense under wliicb the witness may be prose- 
 cuted, and which does not secure him ajjainst use, in 
 a criminal prosecution, of the evidence that he may 
 jrive; and in such case he cannot be compelled to an- 
 swer in any collateral proceedine: as to acts consti- 
 tutin.sr such offense. (Ex parte Clarke, 103 Cal. 352. 
 37 Pac. 230.) 
 
 Where the statute jrives the witness complete im- 
 munity from prosecution for the offense with refer- 
 ence to which his testimony is jjiven. he cannot re- 
 fuse to answer. (Ex parte' Cohen. 104 Cal. 524, .38 
 Pac. 3G4.) 
 
 A law can absolutely secure a party a.!::ainst 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. (Ex parte Clarke, 
 103 Cal 3.12. 37 Pac. 2.30.) 
 
 The mere fact that an answer miarht dissrace the 
 witness is not ground for refusal to answer: and 
 where an act provides that the testimony shall not 
 be used atrainst him in any criminal prosecution, he 
 cannot refuse to answer under this provision. (Ex 
 parte Kowe. 7 Cal. 1S4.) 
 
 It is for the court and not for the witness to de- 
 termine whether or not tlie answer will incriminate 
 tile witness. (In re Kosers, 12!) Cal. 4(;.S. (12 Pac. 41.) 
 
 A defendant in a crin\inal prosecution, who has 
 become a witness in liis own behalf, cannot be cross- 
 examined as to any facts or matters not testifiiMl to 
 by him on his examination in cliief. (People v. 
 O'P.ricTi. (",(; Cal. <i<t2, Pac. C>'.)7,.) 
 
 DUE PROCESS OF LAW-Property.— The riirht to 
 practice law is not "i)roperty" within the meauinu: 
 of this section. (Cohen v. Wriirlit, 22 Oal. 203.) 
 
 The riulit to a salary attaclied to a public otlice 
 is not j)ropcrty. (Peunie v. Keis, .SO Cal. 2(;(!, 22 Pac. 
 170; Clarke v. Keis. S7 Cal. 51.1, 25 I'ac. 75!).) 
 
 Title by prcscrii)ti(tn is property wliicli is protected 
 by this provision. (Sliaip v. P.laukrnsliip, 59 Cal. 
 288.) 
 
 What is "due process." "Due jirocess of law" 
 means such an exertion of the powers of the j^ovorn-
 
 25 CONSTITUTION OF 1879. Art. I, § 13 
 
 inent as the settled maxims of law permit and sanc- 
 tion, and under such safeguards for the protf^ction 
 of individual rights as those maxims prescribe for 
 the class of cases to which the one in question be- 
 lon?:s. (Ex parte Ah Fook. 40 Cal. 402; Wulzen v. 
 Supervisors. 101 Cal. 1.5, 35 Pac. 353.) 
 
 The words "due process of law" were intended to 
 convey the same meaning as tlie 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 proeediire 
 suitable and proper to the nature of the case, and 
 sanctioned by the established usage and customs of 
 the courts. (San .lose Ilanch Co. v. San Jose etc. 
 Co., 126 Cal. 322, 58 Pac. 824.) 
 
 Police power. — In the exercise of the police power 
 certain kinds of property, when held or used so as 
 to be injurious to tlie 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, does not deprive one of property without 
 due process of law. (Ex parte Kohler, 74 Cal. 38, 15 
 Pac. 436.) 
 
 Where an ordinance, fixing the limits within which 
 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. (Kalloch v. 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 
 Constitution — 3
 
 Art. I. § 13 CONSTITUTION OF 1879. 26 
 
 rep:ul;irity of the pi-oceediuirs not essential to the 
 jiirisdiotion of the officers to create the lien is valid. 
 (Ramish v. ITartwell, 120 Cal. 443. 58 Pae. 920.) 
 
 Tliis provision docs not prohibit a summary pro- 
 ceedins: by tlie state to collect taxes, without the in- 
 tervention of a court. (High v. Shoemalier, 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. (llider v. Regan, 114 Cal. GG7, 
 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. 83, 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 etc. Co., 
 120 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 alone is defendant is void. (Skinner 
 V. Buck, 29 Cal. 253.) 
 
 An act extending the corporate limits of a town so 
 as to include lands used solely for agricultural juir- 
 poses was upheld in Santa Rosa v. Coulter, 58 Cal. 
 537. 
 
 Notice.— A judgment obtained without sei-vice of 
 summons on, or voluntary appearance by, the defend- 
 ant does not constitute due process of law. (Baker 
 V. O'Riordan, 05 Cal. 308, 4 Pac. 2.32; Belcher v. Cham- 
 bers, 53 Cal. 0;35; 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 witliin llie st.'ite, for 
 wlK)m the court has ai)j)oiiited an attorney, with 
 ])rivilege to the defendant to come in witliin six 
 months, is valid. (\V;ire v. Robinson, 9 Cal. 107.) 
 
 Sections 12(Mi and 1207 of the Penal Code must be
 
 27 CONSTITUTION OF 18(0. Art. I. § 13 
 
 construed as requlrinc: tlint both debtor and credi- 
 tor are to have notice of claims for wases, otherwise 
 they would deprive the debtor of his property with- 
 out due process of law. (Taylor v. Hill, 115 Cal. 
 14;?, 44 Pac. 330, 46 Tac. 922.) 
 
 Whether a notice of not more than ten days is 
 valid, query? (Boorman v. Santa Barbara, 05 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. (Booi'man v. 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 v. Santa Barbara, 65 Cal. 
 313. 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 jitdgment debtor. (High v. Banli of 
 Commerce, 95 Cal. 380, 30 Pac. 550.) 
 
 In matters of taxation and assessment, the state 
 is not bound to accord personal service of process 
 upon the citizen. (AVulzen v. Supervisoi's, 101 Cal. 
 15, 35 Pac. 353.) 
 
 An assessment without giving an oppoi'tunity to 
 the taxpayer to show that the assessment is not pro- 
 portionate to the Ijonetits is unconstitutional. (Lower 
 Kings Eiver Rec. Dist. No. 531 v. Phillips, 108 Cal. 
 300, 39 Pac. 030, 41 Pac. 335.) 
 
 In a proceeding for the sale of the homestead of an 
 Insane person, puljlication for throe 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. 
 007, 40 Pac. 820.) 
 
 A statute allowing an execution to issue against 
 the "joint property" of persons sued, when only one
 
 Art. I, § 13 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, 
 etc., 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 
 leck V. Anderson, 57 Cal. 251.) 
 
 I'o talie property from the possession of a person 
 without a hearing, and compel him to prove title 
 to regain it, is tailing property without due process 
 of law. (Havemeyer v. Superior Court, 84 Cal. 327, 
 24 Pnc. 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 etc. v. Garibaldi 
 Grove, 130 Cal. IIG. G2 Pae. 48G.) 
 
 An order of the probate coiut 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. G20.) 
 
 Liens.— The mechanics' lien law of 1SG8 is not un- 
 constitutional on tile ground that it attempts to ap- 
 point agents for private persons; nor that it confis- 
 cates property; nor as to tlie notice r<>(iuired of own- 
 ers as to resi)onsibility for improvciaeuts; nor that 
 it attempts to talve away vested rights, or to clotlie 
 private- persons witii power to devest citizens of 
 tlieir property. (Hicks v. Murray. 43 Cal. 51.5.) 
 - Giving a laborer a lien upon the threshing ma- 
 chine in the lawlnl poss(\ssiou of a person holding 
 under the owner does not deprive tlie latter of i)rop- 
 ortv without due process of law. (Lambert v. Da- 
 vis" 11 G Cal. 292. 48 Pac. 123.) 
 
 An act autliorizing the creation of a lien uik>ii land 
 by virtue of a oontnict for the improvement of the 
 street adjacent tliereto, entered into with one who 
 is only tlie reputed owner of the land, is void. (Santa 
 Cwiz Kock etc. Co. v. Lyons, 117 Cal. 212, 48 Pac. 
 1097.) 
 
 Curative acts.— The legislature has power to pass 
 curative acts by which tlie various acts and pro-
 
 29 CONSTITUTION OF 1879. Art. I, § 13 
 
 ceedings of the officers and boards charged with the 
 levying aud assessing of taxes are rendered valid, 
 notwithstanding that errors and liTegularities have 
 intervened. Bnt where tlie officer or tribunal has no 
 jurisdiction, the act is void, and cannot be cured. 
 (People V. Goldtree, 44 Cal. 323.) 
 
 An act to validate a .iudgmont of a court void 
 for want of jurisdiction is void. (Pryor v. Downev, 
 50 Cal. 388.) 
 
 An act attempting to validate a void assessment 
 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- 
 Cnne, 57 Cal. l.->3.) 
 
 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. G4(5.) 
 
 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, 02 Pac. 500; Cohen v. Alameda, 124 
 Cal. 504. 57 Pac. 377: Chambers v. Satterlee. 40 f^Ml. 
 497; Emery v. San Francisco etc. Co.. 28 Cal. 345; 
 Emery v. Bradford, 29 Cal. 75; Taylor v. Palmer, 
 31 Cal. 240: Whiting v. Quackenbush, 54 Cal. 300; 
 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.) 
 
 Considerable doubt Avas cast upon the correctness 
 of these decisions by the decision of the United States 
 supreme court in Norwood v. Baker, 172 U. S. 209, 
 19 Sup. Ct. Rep. 187, but the doctrine of these cases 
 has been since sustained by the decision of that court 
 in Tonawanda v. Lyon, 181 U. S. 389, 21 Sup. Ct. Rep. 
 609. 
 
 An act aiithorizing 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.)
 
 Art. 1. § 13 CONSTITUTION OF 1879. 30 
 
 An assessment is not invalid because the owner 
 of the hind is not given an opportunity to be heard 
 before tlie assessment is made, if he is given that 
 opportunity in an action to enforce tlie assessment. 
 (Keclamation Dist. No. 108 v. Evans, Gl Cal. 104.) 
 
 An act permitting the owners of one-lialf of the 
 hind of a district to form an assessment district, 
 "Without malving any provision for a determhiation 
 as to Avhether the other owners will be benetited by 
 the improvement, is unconstitutional. (Moulton v. 
 Parks, G4 Cal. 1G6, 30 Pac. G13; Brandenstein v. Hoke, 
 101 Cal. 131, 35 Pac. 502; People v. Reclamation Dist. 
 No. 5;"1, 117 Cal. 114, 48 Pac. 1010.) 
 
 The mode of assessment is a matter for the leg- 
 islat'.u'e, 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. Ila- 
 gar. GO Cal. 54. 4 Pac. 045.) 
 
 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 uj)ou the question whetlier or not th'^ 
 improvenuMit should be made. (Dent v. TIIlsou. 72 
 Cal. 404. 14 Pac. 71; Board of Directors v. Tregea, 
 88 Cal. .334. 2G Pac. 237.) 
 
 Wliere 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 
 Gal. 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 oi)portnnity 
 for a hearing of tlie land owner in regard to the as- 
 sessment, and without any suit or opportunity of 
 defense, is invalid. (Ilutson v. Protection Dist., 79 
 Cal. 00, 1(> Pac. .540, 21 Pac. 435.) 
 
 The property of a land owner within an irrigation 
 district is not taken from him without due process 
 of law, if he is allow<>d a bearing at any time before 
 the lien of an assessment for ta.xes levied tliereon 
 becomes final. (In re .Madera Irr. Dist, 02 Cal. 29G, 
 28 Pac. 272.J
 
 31 coNSTiTiTioN OF 1879. xVrt. I, § 14 
 
 The "Wright art" providinir 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 mav be used on the 
 trial. (People v. Oiler, GO Cal. 1()1, 4 Pac. 10(30.) 
 
 As to the power of the legislature to authorize the 
 conditional examination of witnesses, see Willard v. 
 Superior Court, 82 Cal. 450. 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. Siei-p, HO 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 a.ny 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. Avithout paying compensation. 
 (Gunter v. Geary, 1 Cal. 402.)
 
 Art. 1, § 14 coxsTiTUTiON OF 1879. 32 
 
 The property of a citizen cannot be taken from 
 him for pnblic use, unless ample means of remunera- 
 tion are provided. (McCann v. 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, Cal. 50.").) 
 
 The legislature has no power to take the property 
 of one person and give it to another; nor can it bo 
 taken for public use, unless compensation to the 
 owner precede or accompany the taking. (Gillan v. 
 Hutchinson, 10 Cal. 1.53.) 
 
 An act directing the governor to take possession 
 of the state prison in tlie possession of a lessee, with- 
 out making anv provision for compensation, is void. 
 (McCauiey v. AVeller. 12 Cal. 500.) 
 
 The act of 1S(;3. providing for the Avidening 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, OS Cal. 014, 33 Tac. 720.) 
 
 Property. — The right of a riparian owner cannot 
 be taken away, except for pul)li<- us<' on due com- 
 pensation. (Lux V. Haggin. 00 Cal. 255, 372, 10 Pac. 
 074.) 
 
 This section does not apply to any mere diminu- 
 tion in value of aliutting 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 prevent(>(l. (Brown v. Su- 
 pei'visors, 124 Cal. 275, 57 I'ac. S2.) 
 
 Altliougli the supervisors have authority to close a 
 public street, tlie owner of adjoining i)roj>erty has 
 an easement tlu>i'ein, of whicli he cannot be di-- 
 prived without coinpcns.ition. (P.igelow v. I'allerino. 
 Ill Cal. 5.50, 44 Pac. 307.) 
 
 The right of the owner of a city lot to the use of 
 the street adjacent tliereto is property, and any act 
 by which this right is iiiii)aired is to that extent a 
 damage. (Eachus v. Los Angeles etc. Ky. Co., 103 
 Cal. 014, 37 Pac. 750.)
 
 33 CONSTITUTION OF IST'J. Art. I, § 14 
 
 No oompensation need be made for the vacation 
 of a public street Avbieb has not been dedicated by 
 the owners or the land. (Levee Dist. No. 9 v. Far- 
 mer, 101 Cal. 178, 35 Pac. 5G9.) 
 
 Money is not that species of property which the 
 sovereign authority can authorize to be talien in 
 the exercise of the right of eminent domain. (Bur- 
 nett V. 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. 490.) 
 
 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 tlie public use is entitled to dam- 
 ages, if a railroad company lays its track along the 
 street, and thereliy obstructs it for tlie use of teams 
 and vehicles, and if the value of the lot is diminislied 
 thereby. (Southern Pac. R. R. Co. v. Reed, 41 Cal. 
 256.) 
 
 An act providing that a tax collector shall receive 
 the fees allowed by law, and pay a part of such 
 fees into tlie treasury for the benetit 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 |)ni-pnse 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 Lappe. 79 Cal. 351. 21 Pac. 
 825: Crall v. Poso Irr. Dist.. 87 Cal. 140, 26 Pac. 797.) 
 
 The legislature 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. 3-1 
 
 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 v. Lime 
 Point, 18 Cal. 220.) 
 
 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 lej^itimate object of government. (Gilmer v. 
 Lime 'Point. 18 Cal. 220.) 
 
 The "public use" is left in large measure to legis- 
 lative determination; and the legislative resolve, by 
 ^^■llich a tax is imposed or private property taken. 
 is such legislative determination. (Stockton etc. li. 
 R. Co. v. Stockton, 41 Cal. 147; Contra Costa etc. 
 Co. v. Moss, 23 Cal. 323.) 
 
 Rut the legislative determination that a certain 
 l)usiness is a i)ublic pse is not conclusive of its char- 
 acter. (Consolidated Channel Co. v. Central Pac. R. 
 R. Co., 51 Cal. 2(;0.) 
 
 A railroad for the transportation of passengers and 
 freight is a public use. (San Francisco etc. R. R. 
 Co. V. Caldwell. 81 Cal. .8C.7; Contra Costa etc. Co. 
 V. Moss, 23 Cal. 323; Stockton etc. R. R. Co. v. Stock- 
 ton, 41 Cal. 147; Napa Valley R. R. Co. v. Napa, 3i» 
 Cal. 43r,.) 
 
 Private use.— The legislature cannot take private 
 property for a private use, and it must declare the 
 liurpose to be one of public necessity or convenience. 
 (Niekey v. Stonrns Kanclios Co., 12(1 Cal. 15(), 58 Pac. 
 -1.50; Consolidated Cliannel Co. v. Central Pac. R. R. 
 Co., 51 Cal. 200: Rrenhani v. Story, 39 Cal. 170; 
 Sherman v. Buick, 32 Ci\\. 241.) 
 
 Thus an act permiltlng a person to l>uild a flume 
 on the land of aiiotlier to carry off the tailing.s fronj
 
 35 CONSTITUTION OF 1879. Art. I. § 14 
 
 his mine is void. (Consolidated Channel Co. v. Central 
 Pac. R. K. Co., ni Cal. 2(10.) 
 
 Also an act giviujj a right to miners to enter upon 
 private property, where no such right existed an- 
 terior to its passage. (Gillau v. Hutchinson, 10 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. (Brei\ham v. 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 Avord "damaged" as used in this section, see 
 Reardon v. San I'raucisco, 66 Cal. 492, 501-506, 6 Pac. 
 317. 
 
 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. 
 (Eachus V. Los Angeles etc. 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 Ranches Co., 12G Cal. 150, 58 Pac. 4.59.)' 
 
 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., 100 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. (Eachus v. Eos Angeles, 
 130 Cai. 492, 62 Pac. 829; Reardon v. San Francisco, 
 66 Cal. 492, 6 Pac. 317.)
 
 Art. I, § 14 coxsTiTUTiox or 1ST9. clG 
 
 Damajres caused by the raisinp: of a street to the 
 official grade cannot be pleaded as a defense to an 
 action broiifjlit to foreclose the lien for improving 
 the street. (Ilornuug v. McCarthy, 126 Cal. 17, 58 
 Pac. 303.) 
 
 An owner of land abiitting 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. (Enclius v. Los 
 Angeles Ry. Co.. 103 Cal. 614, 37 Pac. 750; Jennings 
 V. Le Roy. 63 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 v. 
 San Francisco. 115 Cal. 64S. 47 Pac. 6S7.) 
 
 To change the channel of a natural watercourse 
 so as to increase the flow of water in another water- 
 course, to the injury of adjoining lands, is a viola- 
 tion of this section. (Rudel v. Los Angeles, 118 Cal. 
 281. 50 Pac. 400; Conniff v. San Francisco. 67 Cal. 
 45. 7 Pac. 41; Tyler v. Teliama Co., 100 Cal. 618, 42 
 Pac. 240. Rut see Green v. Swift, 47 Cal. 536; Lar- 
 raboe v. Cloverdale. 131 Cal. 06.) 
 
 A municipal corporation is liable for damages 
 caused by tlie construction of sewers, etc., in such 
 a manner that the surface water of a large terri- 
 tory, wliicli 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 I'ac. 605.) 
 
 Rut a municipal corporation is not liable for dam- 
 ages caused by the prevention of tlie flow of sur- 
 face water from tlie lot of a private owner, by rea- 
 son of the raising of a street to the grade ostabl'slied 
 by law, wliere sucli sui'face wal(M- (lo(>s not run in 
 .Vuatural ch:iiuiel across tlie lot. (r,'orcoran v. Renicia. 
 96 Cal. 1, 30 Pac. 798; Lampe V. San Francisco, 124 
 Cal. 546. .57 Pac. 461.) 
 
 A statute exempting ,a municipal corporation from 
 liability for dani:ig(>s for injuries sustained by any 
 I)erson on its graded streets, liut malvlng tlie officers 
 of tlie city lial>l(> llicrcror, is valid. (I'arsous v. San 
 Francisco, 23 Cal. 462.)
 
 37 CONSTITUTION OF 1871). Art. I, § 14 
 
 A contractor of the city is not liable under this 
 provision for damage to private property caused by 
 a public Improvement. (De Balier v. Eailway Co., 
 100 Cal. 257, 30 Pac. GIO.) 
 
 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 talve possession of the 
 property until the final determination of the litiga- 
 tion, is not inconsistent with this section. (Spring 
 Valley W. W. v. Drinlihouse, 95 Cal. 220, 30 Pac. 
 218.) 
 
 But a statute allowing the plaintiff to take pos- 
 session upon tlie filing of a bond is void. (Vilhac 
 V. Stoclvton etc. R. R. Co., 53 Cal. 208; San Mateo 
 W. W. V. Sharpstein. 50 Cal. 284: Sanborn v. Belden, 
 51 Cal. 260. But see Fox v. Western etc. R. R. Co., 
 31 Cal. 538.) 
 
 This provision contemplates and provides for a 
 proceeding in court in all cases whex'e private prop- 
 erty is taken for a public use, and prohibits any 
 otlier proceeding to that end; and the owner is en- 
 titled to a .lury trial for the purpose of ascertain- 
 ing the damages. (Weber v. Santa Clara Co., 59 
 Cal. 205; 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. (Oolton v. Rossi, 9 Cal. 595.) 
 
 The state may select its own agen,ts and agencies 
 in exercising the power of eminent domain, and may 
 select foreign corporations or governments. (Gilmer 
 V. Lime Point, IS Cal. 229.) 
 
 The provision for .iust 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. Liiue Point, 18 Cal, 229.) 
 Constitution — 4
 
 Art. I, § 14 CONSTITUTION OF 1879. 38 
 
 An act piovidins: 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- 
 lic 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 etc. 
 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. G33.) 
 
 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. 5G.) 
 
 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 Kiver li. R. Co. v. Hesser, 
 84 Cal. 435. 24 Pac. 288; San Francisco etc. R. R. Co. 
 V. Taylor, 80 Cal. 240, 24 Pac. 1027.) 
 
 The provision of section 1249 of the Code of Civil 
 Procedure that, for the purpose of assessinc: com- 
 pensation and damnges, the right thereto shall be 
 <leemed to have accrued at the date of the summons, 
 is not in conflict with this provision. (California 
 Southern R. R. Co. v. Kiml.Mli. 01 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 dilTeronce be- 
 tween the value of the tract without the improve- 
 ment and with It. Is the compensation to be made.
 
 C9 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. 307.) 
 
 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 marl^et, 
 on the day of the summons, for cash, after reason- 
 able time taken by the owner to make the sale. 
 (Santa Ana v. Brunner, 132 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 uot 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 etc. Ry. Co. v. Haven, 
 94 Cal. 489, 29 Pac. 875.) 
 
 The provision of this section, prohibiting any de- 
 duction from the damages to laud 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. (Paeiiic Coast 
 Ry. Co. V. Porter, 74 Cal. 201, 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. 87.5.) 
 
 A county is not a municipal corporation within the
 
 Art. 1, § 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 anv deficiency after the lot has been ex- 
 hausted. (Creighton v. JIanson, 27 Cal. 613; Taylor 
 V. Palmer, 31 Gal. 240; Gaffney v. Gough, 30 Cal. 
 104; Coniff v. Hastings, 30 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. 
 407; Hadley v. Dague. 130 Cal. 207, 02 Pac. 500; 
 Cohen v. Alameda, 124 Cal. 504, 57 Pac. 377; Emery 
 V. San Francisco etc. Co., 28 Cal. 345; Emery v. 
 Bradford. 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240; 
 Whiting V. Quac-kenbush, 54 Cal. 300; Whitin- r. 
 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.) 
 
 Considerable doubt was cast upon the correctness 
 of these decisions by the decision of the United 
 States supreme court in Norwood v. Baker, 172 U. 
 S. 269, 19 Sup. Ct. Bep. 187. but the doctrine of these 
 cases has been since sustained by the decision of that 
 court in Tonawauda. v. Byon, 181 U. S. 389, 21 Sup. Ct. 
 Rep. 609. 
 
 An assessment for a street improvement upon the 
 front-foot system is an exorcise of the power of taxa- 
 tion, and not of eminent domain. (Emery v. San 
 Francisco etc. Co., 28 Cal. 345.) 
 
 Benefits may be assessed In the ratio of their 
 value. (Appeal of Piper, 32 Cal. 530.) 
 
 An assessiiK-nt ujion an assessment district is valid. 
 (Appeal of IMpei-, 32 Cal. 5:?0.) 
 
 Jury.— The right of trial by jury in cases of emi- 
 nent domain did not exist prior to tlio new constitu-
 
 41 CONSTITUTION OF 1879. Art. I, §§ 15, IG 
 
 tion. (Koppikus v. State Capitol 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 
 conflenined and paid for. (People v. Elk etc. 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 no person shall be imprisoned 
 for a militia fine in time of peace. 
 
 IMPRISONMENT FOB DEBT.— An assault and 
 battery is not a case of fraud within the meaning 
 of this provision. (Ex parte Trader, 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. 438.) 
 
 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, 120 Cal. 219, 58 Pac. 536.)
 
 Art. I, § IG CONSTITUTION OF 1879. 42 
 
 No person has a vested right to an unenforced 
 penalty; and if such a penalty is reduced to judg- 
 ment, the judgment will be reversed upon appeal, if, 
 pending the appeal, the statute imposing the penalty 
 is repealed. (Anderson v. Eyrnes, 122 Oal. 272, &4 
 Pac. 821.) 
 
 As to whether or not the charter of a corporation 
 Is a conti'act 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 v. San Francisco, 18 Cal. 590.) 
 
 The risrht to practice law is not a coutract. (Cohen 
 V. Wright, 22 Cal. 293.) 
 
 An act authorizing tlie contractor to sue for a 
 street assessment is a contract. (Creighton v. I'ragg, 
 21 Cal. 115.1 
 
 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 fedei'al 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, 12G Cal, 201, 58 
 Pac. 400.) 
 
 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, whicli 
 was overlooked by the court, and does not fall within 
 the rule of the federal courts that coutract rights 
 acquired under a judicial construction of a statute 
 by a state court will be governed thereby, and can- 
 not be afCected by a subsequent change in such con- 
 struction. (Alferitz v. Borgwardt, 12G Cal. 201, 58 
 Pac. 400.) 
 
 Decisions declaring that a conveyance absolute in 
 form, but intended as security, did not pass the legal 
 title, cannot bo considered as forming part of a con- 
 veyance executed after such decisions and before they 
 were overruled. (Allen v. Allen, 95 Cal. 184, 30 Pac. 
 213.)
 
 43 . coxsTiTUTioN OF 1879. Art. I, § 16 
 
 Impairing the obligation. — Impairing the obliira- 
 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 conti'act. (Bates 
 V. Gregory, 89 Cal. 387, 26 Pac. 891; Robinson v. 
 Magee. 9 Cal. 81; Creighton v. Pragg, 21 Cal. 115; 
 Thorne v. San Francisco, 4 Gal.. 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 tlieir obligation. (Thornton v. Hooper, 14 Cal. 9.) 
 
 Tlie 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 
 can 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 extinguisliing 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,
 
 Art. I, § 1(5 CONSTITUTION OF 1879. 44 
 
 65 Cal. 583. 26 Pae. 281; Bates v. Porter, 74 Cal. 224, 
 15 Pac. 732.^ 
 
 Where creditors of a city, under the act of 18."il, 
 creatintr the board of fund commissioners of San 
 Francisco, surrendered the old indebtedness and 
 took a new security, bearinsr a different rate of in- 
 terest, the act entered into the contract, and cannot 
 be amended so as to impair or destroy the risrhts 
 of the parties under the contract. (People v. Woods, 
 7 Cal. 57f); 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 imj>aired by amendments, but new 
 provisions may be added, provided the riahts of cred- 
 itors are not injuriously affected. (Thornton v. 
 Hooper, 14 Cal. 9; Babcock v. Middleton, 20 Cal. 6-13 > 
 
 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, as the creditor 
 had no remedy against the county which could be 
 impaired. (Ilunsaker v. Borden. 5 Cal. 288.) 
 
 The legislature cannot devest the right of a party 
 to liave a county warrant paid Avheu that right is 
 complete, vested, and determined. (Laforge v. 
 Magee, 6 Cal. (wO.) 
 
 A statute requiring all persons holding certain 
 county warrants to present them for registry before 
 a certain date or be forever barred from euforcinsr 
 the payment thereof, adds a new condition to the 
 contract, and therefore impairs its obligation. (Rob- 
 inson V. Magee. Cal. 81.^ 
 
 This provision relates solely to contracts between 
 individiials ;ind not to contracts between individuals 
 and tlie state, because the state cannot be sued. 
 (Myers v. Englisli. 9 Cal. 311. But see 23 Am. & 
 Eng. Kncy. of I^aw, 1st ed., 79.) 
 
 An act authorizing a county to fund Its outstand- 
 ing Avarnints. wliicli wcie not to draw inter(>st, and 
 to make the bonds given in exchange therefor bear
 
 45 CONSTITUTION OF 1879. Art. I, § IG 
 
 interest, is not unconstitutional. (Chapman v. 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 anv 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 bv the commissioners is void. (Rose 
 V. Estudillo, 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 
 new indebtedness. (People v. Morse, 43 Gal. 534.) 
 
 Retrospective statutes.— It is to be presumed that 
 no statute is to operate retrospectively, unless the 
 contra rv clearlv 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 
 alreadv 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
 
 Art. I, § IG CONSTITUTION OF 1S79. 46 
 
 liens or burdens, the legislature cannot, by a subse- 
 quent enactment, interfere "with sucli vested right 
 by authorizing a sale of the property by an exec- 
 utor or administrator solely for the benefit of the 
 heirs. (Estate of Pacl^er, 125 Cal. 300, 5<S Pac. .59.) 
 
 A law reducing the percentage payable upon re- 
 demption, passed after the sale, is void. (Thresher 
 V. Atchison. 117 Gal. 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 etc. 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. 443, 38 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. 
 lis, 16 Sup. Ct. Rep. 1042; Haynes v. Tread way, 22 
 Cal. Dec. 121; Malone v. 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 .ludgment, but 
 before the sale, is valid. (Tuolumne Redemption Co. 
 v. Sedgwick, 15 Cal. 515.) 
 
 A state cannot enact an insolvent law discharging 
 the obligations of contracts made out of the state. 
 (Lowenberg v. Leviue, 9.3' Cal. 215, 28 Pnc. 941.) 
 
 A law which shortens the time within wliich to file 
 a notice of a mechanic's lien may constitutionally bo 
 made to apply to pending cases of uncompleted build- 
 ings; provided, an adequate and availing remedy be 
 left to enforce the lien. (KorckhoCf-Cuzner Mill etc. 
 Co. V. Olmstead. 85 Cal. 80, 28 Pac. 648.) 
 
 A law providing for the discharge of a debt con- 
 tracted before its ado])tion is valid. (Porter v. Inuis, 
 79 Cal. 183, 21 Pac. 72!t. But see 16 Am. & Eng. 
 Ency. of Law. 2d ed., CKt.) 
 
 Tlio foiist ruction of section 4, ar(icle'13, of the con-
 
 47 CONSTITUTION OF 1879. Art. I, § 10 
 
 stitntion. so tliat it makes the mortgasjee 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.) 
 
 To give section 5. article 13, of the constitution a 
 retrospective operation, would be impairing the obli- 
 gation of contracts. (Beckman v. Skaggs, 59 Cal. 
 541.) 
 
 The act, commonly known as the Water Lot Act, 
 providing for the disposition of submerged lands and 
 tixing 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. 
 524.) 
 
 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 maldng void prior deeds, unless recorded 
 in accordance tlierewith, 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 ti-easury, the legisla- 
 ture cannot deprive the party with whom the con- 
 tract is made of such funds by repealing the appro- 
 priation. (McCauley v. Brooks, 10 Cal. 11.) 
 
 An act maldng the assessment prima facie proof 
 of tlie tax, and prohil)iting the defendant from set- 
 ting up any informality in the levy or assessment
 
 Art. I, § 17 CONSTITUTION OF 1879. 4S 
 
 of the tax, is valid, since it goes merely to the rem- 
 edy. (Teople 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, 20 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 thereundei-, is valid. (Dentzel v. "Waldie, 30 Cal. 
 138.) 
 
 The legi^^lntnre 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. 2-44.) 
 
 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 eniplnvpfi ]« valid. (Foster v. Police Commrs., 
 102 Cal. 183, 37 Tac. 703.) 
 
 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 Avas passed is not an ex post facto law. 
 (People V. Mortimer. 40 Cal. 114.) 
 
 A crime committed before tlie adoption of the con- 
 stitution of 1879 may, after such adoption, be prose- 
 cuted bv information. (People v. Campbell, 59 Cal. 
 243.) 
 
 The section of the Pennl Code which provides that 
 one who has been convicted of pitit larceny, who 
 shall again commit the same offense, is to lie deemed 
 guilty of a felony, is not expost facto, wlien applied 
 to one who committed the first offense prior to the 
 taking effect of tlie provision. (Ex parte Gutierrez, 
 45 Cal. 429.) 
 
 "Where, after the commission of a crime, tlie crime 
 is reduced by statute from a felony to a misdemeanor, 
 such statute works a rejieal of the former law, and 
 sucli crime faiiiiot be iinnishcd under either law. 
 (People v. Ti^dale, 57 Cal. 104.) 
 
 Soc. 17. Foreigners of the white race, or of 
 African descent, eligible to become citizens of
 
 49 CONSTITUTION OF ISl'J. Alt. 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.] 
 Sec. 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. liabolt, 30 Gal. 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 tide residents within the state. (Norris v. 
 Hoyt, 38 Cal. 217.) 
 
 A nonresident alien may take and hold property 
 acquired by purchase until otfice found. (Norris v. 
 Hoyt, 18 Gal. 217.) 
 
 An act permitting nonresident aliens to inherit 
 real and personal estate is valid. (People v. Rogers, 
 13 Gal. 159: Estate of Billings, 65 Cal. 593, 4 Pac. 639; 
 Lyons v. California, 67 Cal. 380, 7 Pac. 763.) 
 
 Constitution—^
 
 Alt. I, §§ 18-20 CONSTITUTION OF 1S79. 50 
 
 This provision by implication excludes nonresident 
 aliens from the rights mentioned in this section. (Si- 
 emssen v. Bofer, 6 Cal. 250.) 
 
 This section prohibits the legislatux'e 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 
 Pac. 121.) 
 
 Sec. 18. Neither slaver}'' nor invokmtary 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. Dec. 
 213; In re Sah Quah, 31 Fed. 327; U. S. Const., art. 13. 
 
 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 autluirize the issuance of a warrant to 
 search the person of an individual in a proper case. 
 (Collins V. Lean, (18 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. GOO, 38 Pac. 541.) 
 
 Sec. 20. Treason against the state shall consist 
 only in levying war against it, adhering to its
 
 51 CONSTITUTION OF 1879. Art. I, § 21 
 
 enemies, or giving them aid and comfort. Xo 
 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 con.stitution cannot be restricted 
 or extended by Congress. (United States v. Great- 
 honse. 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: Cliarge to Jury, 1 Story, 614. 
 
 Tlie constitutional requirement of two witnesses, 
 etc., does not apply to the preliminary examination 
 by magistrate or grand jury. (United States v. Han- 
 way^ 2 Wall. Jr. 138.) 
 
 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 coi'porations. (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.)
 
 Art. I, § 22 CONSTITUTION OF 1879. 52 
 
 An orclinance prohibiting public laundries in desig- 
 nated parts of a city is not in violation of this sec- 
 tion. (In re Hang Kie, G9 Cal. 149, 10 Pac. 327.) 
 
 An ordinance levying a license tax upon all slieep 
 which are pastured in tlie county, except sheep listed 
 as taxable property In the county, and upon wliich 
 taxes are paid, is in violation of this section. (Las- 
 sen Co. V. Cone, 72 Cal. 3S7, 14 Pac. 100.) 
 
 But an ordinance requiring all persons engaged in 
 the business of raising, graz'ng, herding, or pastur- 
 ing sheep in tlie county to pay an annual license of 
 fifty dollars for every thousand sheep is not in vio- 
 lation of this provision. (Ex parte Mirande, 73 Cal. 
 365, 14 Pac. 8S8.) 
 
 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. (I'eople V. Central Pac. R. JL Co.. 105 Cal. 
 57G, 38 Pac. 905. Overruling People v. Central Pac. 
 R. R. Co., 83 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. (Ex parte Jeutzsch, 112 Cal. 
 4G8, 44 Pac. 803 ) 
 
 The Primary Election L.aw of 1899. which prohib- 
 its the election of delegates to a convention of any 
 political party not representing three per rent of the 
 votes cast at the previous election, is void. (Britton 
 V. Board of Election Comnirs., 129 Cal. ooT, 01 Pac. 
 1115. Per Honshaw, J., Van Dyke, J., and McFar- 
 land, J.) 
 
 The provision of the County Government Act that 
 no supplies, etc., sluill be purchased for the county 
 from any person wlio has not had a business in the 
 county for a year prior to the purcliase is in viola- 
 tion of this section. (Van Ilarliugeu v. Doyle, 22 
 Cal. Dec. 35G.) 
 
 Sec. 22. The provisions of this constitution are 
 mandatory and prohibitory, unless by express 
 words they are dechired to be otherwise.
 
 53 CONSTITUTION OP 1879. Art. I, §§ 23, 24 
 
 MANDATORY AND PROHIBITORY.— As to the 
 
 Dieanins" of this provision, see Matter of Magnire, 57 
 Cnl. 004. 
 
 Notwithstanding this section, where a provision of 
 the constitutioA is expressly made peruiissive, as by 
 the use of the word "may," it will not be deemed man- 
 datory. (Fresno Nat. Bank v. Superior Court, 83 Cal. 
 491, 24 Pac. 157. j 
 
 Section 5, article 11, of the constitution, is manda- 
 tory. (Knight V. Martin, 128 Cal. 245, GO Pac. 849; 
 Dwyer v. Parker, 115 Cal. 544, 47 Pac. 372.) 
 
 Section 19, article 11, of the constitution is manda- 
 tory. (McDonald v. Pattei'son, 54 Cal. 245; Pereria 
 V. Wallace, 129 Cal. 397, G2 Pac. Gl.) 
 
 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 Election 
 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, § ] CONSTITUTION OF 1879. 54 
 
 AETICLE 11. 
 
 RIGHT OF SUFFRAGE. 
 
 § 1. Who are and who are not electors. 
 
 § 2. Privileges of electors. 
 
 § 2V^. Primary elections. 
 
 § 3. Militia duty, privilege of electors. 
 
 § 4. Residence of voters, gained or lost. 
 
 § 5. Election by ballot. 
 
 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 Qucretaro, 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 jxtsou licrcafter convicted of 
 the embezzlement or inisn]ipropriation of public 
 money, and no person who t^hall not be able to
 
 55 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 Qneretaro, 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, 
 Avho Shan 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
 
 Alt. II, § 1 coxsTiTUTiON OF 1879. 5G 
 
 had the ri;;ht to prescribe the qualifications of 
 electors. (People v. De la Guerra, 40 Gal. 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 franchL'^e 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 gi'ounds, including that of sex, 
 remains intact. (Van Valkenburg v. Brown, 43 Cal. 
 43.) 
 
 The legislature cannot add any essential to the con- 
 stitutional definition of an elector. (Bergevin v. 
 Curtz. 127 Cal. 8G, 59 Pac. 312.) 
 
 A person may be an elector althoiigh not a regis- 
 tered voter. (Bergevin v. Curtz, 127 Cal. 80, oO 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 tlie purpose of ascer- 
 taining who are qualified electors in order to prevent 
 illegal voting. (Bergevin v. Curtz, 127 Cal. 8G, 59 
 Pac. 312.) 
 
 A primary election is an election "authorized by 
 law." within the meaning of this section, and ll-.e pro- 
 visions thereof, defining tlie qualllications of electors, 
 are controlling in determining the right to vote at 
 such elections, and such riglit can neitlier be enlargod 
 nor curtailed bv tlio legislature. (Spier v. Baker, 120 
 Cal. 370, 52 Pac. (559.) 
 
 A provision of the Primary Election Law^ that all 
 native-born (.itizeiis. Mho since the last general elec- 
 tion hav(> become of legal age. and who have been 
 leg;il residents of the county thirty days prior to the 
 ele<tion, as well as all citizens who have become such
 
 57 CONSTITUTION OF 1879. Art. II, § 2 
 
 I)y naturalization since the last general election, and 
 Avho liave been residents as aforesaid, sliall be on- 
 titled to vote. Is an eularsement of the constitutional 
 rig-lit of suffrage and void. (Spier v. Baker, 120 Cal. 
 370, 52 Pac. G59.) 
 
 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. Balder, 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. lOlG.) 
 
 " The provision of the Political Code that, when a 
 voter erases the name of a candidate without sub- 
 stituting another, the vote must be coitnted for the 
 candidate 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. (Eutledge v. Crawford, 91 Cal. 52G, 27 Pac. 
 779.) 
 
 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 v. Dexter, 
 CO Cal. 39. 4 Pac. 913.) 
 
 The legislatui'e 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 thirtv 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 v. J cues, 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, § 2V2 CONSTITUTION OF 1S79. 5S 
 
 attendance at such election, going to and return- 
 ing tlierefrom. 
 
 Sec. 2^. 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. Al- 
 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 eitlicr general or uni- 
 form. [Amendment adopted November G, 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 V. Baker, 120 Cal. o70, 52 Pac. G59.) 
 
 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, .T., 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. 337, Gl Pac. 1115.) 
 
 Sec. 3. Xo 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
 
 Art. II, § 5 CONSTITUTION OF 1870. 60 
 
 hiffh seas; nor while a student at anv 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 proTision does not preclude 
 the gaining of a residence for tlie 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, 2S 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 v. 
 Anderson, 38 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 v. 
 Hildreth, 26 Cal. ICl; Day v. Jones, 31 Cal. 2G1.) 
 
 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. 
 
 Sec. 6. The inhibitions of this Constitution 
 1o tlie conti'ary notwithstanding?, the h>»j:islatnre 
 .shall have power to provide that in different 
 parts of the state different methods may be em- 
 ployed for receiving and re^isterinpf the will of 
 the people as expressed at elections, and may 
 provide that mechanical device^ may be used 
 within desij^nated subdivisions of the state at the 
 option of the local authoi"ity indicated by the 
 Ic^ishiture for that purpose. (Amendment adopt- 
 ed Xov.Miihcr 4, 1902.)
 
 Ul CONSTITUTION or 1879. Art. Ill, § 1 
 
 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. 
 
 DEPARTMEISTTS OF GOVEKNMENT.— Thn de- 
 partments mentioned iu this section are the depart- 
 ments of the state government, and not the local ,2:ov- 
 ernments thereafter to be created by the legislatnre. 
 (PeoDle V. Provines, 34 Cal. 520: Stande v. Election 
 Commrs.. 61 Cal. m?,: TTolley v. Orange Co., 106 Cal. 
 420, 39 Pac. 790. Burgoyne v. Supervisors, 5 Cal. 9, 
 and cases following it. overruled.) 
 
 This provision does not place either departn^ent 
 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 Ciil. 375.) 
 Constitution— 6
 
 Art. Ill, § 1 CONSTITUTION OF 1S79. 62 
 
 Legislative power prescribes rules of conduct for 
 the governnient 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. (Ex parte Shrad- 
 er, 33 Cal. 279; Smith v. Strother. 6S Cal. 194, S Pac. 
 8.52; Wulzen v. 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 mui'der 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, Avould 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. 20 Cal. 135.) 
 
 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. 19G.) 
 
 An act determining that certain trades are offen- 
 sive is not an exercise of judicial power. (Ex parte 
 Shrader, 33 Cal. 279.) 
 
 An act to validate a judgment of a court void for 
 want of jurisdiction is void. (I'ryor v. Downey, 50 
 Cal. 2SS.)
 
 03 
 
 CONSTITUTION OF ISTO. Alt. Ill, § 1 
 
 As to whether the sale of the property of a minor 
 is a matter of judicial cognizance exclusively, see 
 Patv 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 adoptmg 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. (Bnrgoyne v. Supervisors, 5 Cal. 9; Harden- 
 burgh V. Kidd," 10 Cal. 402.) 
 
 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, G8 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. (IMcAllister v. Hamlin, 83 Cal. 361, 23 Pac. 
 357; Stevens v. Truman, 127 Gal. 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., Gl 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. 531; Phelan v. San 
 Francisco, 20 Cal. 39.)
 
 Art. Ill, § 1 CONSTITUTION OF 1S79. 61 
 
 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. (Exline v. Smith, 5 
 Cal. 112.) 
 
 The judiciai'y 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. 343.) 
 
 An act conferring upon the county court power of 
 incorporating towns is void. (People v. Nevada, 6 
 Cal. 143.) 
 
 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. 
 220.) 
 
 The legislature may declare the mayor of a city 
 to be ex officio a justice (.f the peace. (Uridias v. 
 MoiTill, 22 Cal. 473.) 
 
 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, 30 Oal. IGO. 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 oflice is not essentially an executive function, with- 
 in the meaning of this section; and sucli power may 
 be exercised by the members of the legislature. (Peo- 
 ple V. Freeman, 80 Cal. 233, 22 Pac. 173; People v. 
 Langdon, 8 Cal. 1.) 
 
 Tlie power to levy a tax is purely legislative, and 
 cannot be delegated to the county superintendent of 
 schools, who is an executive officer. (McCabe v. 
 Carpenter, 102 Cal. 400, 30 Pac. 830.) 
 
 A law requiring the auditor's certificate that there 
 is sufficient nioni-y in llie treasury before an appro- 
 priation is made is valid, and does not vest judicial 
 f\mctions in a minislerial officer, (lliggius v. San
 
 65 CONSTITUTION OF 1879. Art. Ill, § 1 
 
 Diego Water Oo., 118 Cal. 524, 45 Pac. 824. 50 Pac. 
 670; Pollok v. San Diego, 118 Cal. 593, 50 Pac. 7G9.) 
 
 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, 12G 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 Oal. 469, 36 Pac. 836, distinguished.)
 
 Art- IV CONSTITUTION OF 1879. 66 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 § 1. Senate and assembly, and enacting clause. 
 
 § 2. Sessions of legislature. 
 
 § 3. Election and terra of assemblymen. 
 
 § 4. Election 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 tilled. 
 
 § 13. Open doors and secret sessions. 
 
 § 14. Adjournment, how long and where to. 
 
 § 15. Origin and passage of bills. 
 
 § IG. 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. 
 
 § 21. Embezzlement or defalcation— Penalty for. 
 
 § 22. I'ublic moneys and accounts— Statement of re- 
 ceipts and expenditures.
 
 07 CONSTITUTION OF 1879. Art. IV, § 1 
 
 § 23. Compensation not to be increased durinpr term. 
 
 § 24. Title of laws— Revision and amendment- 
 Publication of. 
 
 § 25. Local and special laws prohibited. 
 
 § 26. Ix)tterios prohibited — Purchase and sale of 
 shares of stock to be regulated. 
 
 § 27. Congressional and senatorial districts. 
 
 § 28. Elections by legislature to be viva voce. 
 
 § 29. General appropriation bill, what to contain. 
 
 § 30. Restriction on appropriations and grants of 
 aid. 
 
 § 31. Credit of state or municipalities not to be 
 loaned. 
 
 § 32. Extra compensation to officers forbidden. 
 
 § 33. Charges of gas, and telegraph corporations to 
 be regulated. 
 
 § 34. Special appropriation bill, restriction as to. 
 
 § 35. Lobbying defined— Punishment for. 
 
 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 Assem- 
 bly, do enact as follows." 
 
 LEGISLATIVE POWEB.— The legislature has the 
 same unlimited power of legislation which resides in 
 the British parliament, except when restrained and 
 limited either by express words of the constitution 
 or by necessary implication; and its power cannot be 
 restrained by any unnecessarv implications. (Mitch- 
 ell V. Winnels, 117 Cal. 520, 40 Pac. 579.) 
 
 The legislature is not synonymous with the law- 
 making power, and does not include the governor ex- 
 cept as applied to the enactment of laws. (Brooks v. 
 Fischer, 79 Cal. 173, 21 Pac. 652.)
 
 Art. IV, § 1 CONSTITUTION OF 1879. C8 
 
 All powers of any of the departments of the gov- 
 ernment, not disposed of or distributed by the consti- 
 tution, are left at the disposal of the legislature. 
 (Ross V. Whitman, G Cal. 361.) 
 
 The legislature is not controlled as to its powers 
 or the mode of their exercise otherwise than by thc^ 
 restrictions of the constitution. (Hobart v. Supervis- 
 ors, 17 Cal. 23; People v. Seymour, 16 Cal. 332.) 
 
 The legislature represents the independent sover- 
 eignty of the people of the state, and is supreme and 
 unlimited in all legitimate subject matters of legis- 
 lation, and is controlled only by such restrictions as 
 are imposed by the organic law of the state. (Beals 
 V. Amador Co., 35 Cal. 024.) 
 
 The legislature may accept a private bounty for 
 the benefit of the state, although such bounty influ- 
 ences legislative action. (People v. Eigler, .5 Cal. 23.) 
 
 The legislature has full power. to alienate the tide 
 lands of the state, subject only to the riglit of the 
 public to iise them for the purposes of navigation and 
 fishing. (Oaliland v. Oakland Water Front Co., 118 
 Cal. 160, 50 Pac. 277.) 
 
 The legislature may determine whether or not a 
 certain improvement is of a jiublic nature, and the 
 courts will not interfere with this detorminatiou. uti- 
 loss it is palpably and entirely for private benefit. 
 (In re Madera Irr. Dist., 02 Cal. 206, 28 Pac. 272; 
 Ilagar v. Supervisors, 47 Cal. 222.) 
 
 As to the validity of acts contrary to natural jus- 
 tice, see People v. i'>igler. 5 Cal. 23. 
 
 Exercise of power.— A legislative assembly has all 
 the i>owers and privileges wliich are necessary to 
 the proper exercise, in all res]iects. of its appropriate 
 functions. (Ex parte McCartliy. 20 Oal. 305.) 
 
 The senate hns power to summon Avitnesses to tes- 
 tify concerning a cliarge of bribery brouglit against 
 its members. dOx ))arle McCnrtliy. 20 Ciil. ;!05.) 
 
 The legisl.'iture may comix 1 the attendance of all 
 persons Avitliin tlie limits of their constituency, as 
 witnesses, in regard to subjects on Miiich tliey have 
 power to act and into whicli they institute an inves- 
 tigation. (Kx parte McCarthy, 20 Cal. 305.) 
 
 Witnesses before eitlier brancli of the legislature 
 may bo compelled to testify by process of contempt. 
 (Ex parte McCarthy, 20 C:il. 305.)
 
 C9 CONSTITUTION OF 1S79. Art. IV, § 1 
 
 Delegation of power. — The power to make laws 
 cannot be delegated by the lesislatnre to the people 
 of the state, or to any portion of the people. (Ex 
 parte Wall, 48 Cal. 279.) 
 
 The legislature has no power to refer a statute to 
 the people to decide by a popular vote whether it 
 shall go into effect. fEx parte Wall, 48 Cal. 279.) 
 
 As to whether the legislature may confer upon the 
 voters of a covmty directly the power to enact laws, 
 questioned but not decided. (Ex parte Anderson, 22 
 Cal. Dec. 377.) 
 
 There cannot be two equal, co-ordinate law-making 
 powers within the same territory, each existing with- 
 out any restrictions the one upon the other; and, 
 therefore, a law empowering the voters of a county 
 and also the board of supervisors of the county to 
 enact and repeal laws on the same subjects is in- 
 valid. (Ex parte Anderson. 22 Cal. Dec. 377.) 
 
 The legislature cannot delegate its general legis- 
 lative functions, but it can authorize others to do 
 those things which it cannot understandingly or ad- 
 vantageously do itself. Thus, it can delegate to the 
 voters of a county power to select a county seat. 
 (Upham V. Supervisors, 8 Cal. 378.) 
 
 But laws may be either absolute, dependent upon 
 no contingency, or subject to conditions. They may 
 take effect onlj^ upon the happening of events which 
 are future and uncertain, and. among others, the vol- 
 untary act of the parties upon whom they are de- 
 signed to operate. (Elanding v. Burr, 13 Cal. 343.) 
 
 Thus, a provision of an act that the question of 
 the issuance of bonds shall be submitted to the peo- 
 ple is valid. (Blanding v. Burr, 13 Cal. .343.) 
 
 But while a statute may be conditional, so that its 
 taking effect may depend upon a subsequent event 
 which may be named in it, yet this event must be 
 one which shall produce such a change of circum- 
 stances that the law-makers, in their own judgment, 
 can declare it wise that the law shall take effect 
 when the event shall occur. (Ex parte W^all, 48 Cal. 
 279.) 
 
 An act authorizing the submission to the people of 
 the question of a tax for an improvement is valid, 
 (Pattison v. Yuba Co., 13 Cal. 175.)
 
 Art. IV, § 1 CONSTITUTION OF 1879. 70 
 
 The legislature may make a local law depend for 
 effect upon the will of all the voters of a locality, or 
 of a majority, or upon the assent of a few. as in 
 the case of removal of capitols, courthouses, etc., up- 
 on donations or other advantages received. (Hobart 
 V. Supervisors. 17 Cal. 23. But see Dickey v. Hurl- 
 burt, 5 Cal. 343. by Heydenfeldt, J.) 
 
 The legislature cannot delegate its power to fix 
 water rates. (Spring ^'alley W. W. v. San Francis- 
 co, 61 Cal. 3.) 
 
 An act which leaves it permissive with a board 
 whether or not the work shall be done, and when 
 and where taxes shall be levied for the same, is an 
 unlawful delegation of legislative functions. (Per 
 McKee, J., in People v. Parks. 58 Cal. G24, 641.) 
 
 An ordinance proliibiting the alteration or repair 
 of any wooden building within certain designated 
 fire limits, without permission of the fire wardens 
 and appi'oval of a majority of the committee on fire 
 department and the mayor, is not an unlawful dele- 
 gation of legislative functions. (Ex parte Fiske, 72 
 Cal. 125, 13 Pac. 310.) 
 
 An act providing for forming the county of Orange 
 out of part of the county of I^os Angeles, upon the 
 assent of two-thirds of the qualified electors of the 
 proposed new county, is not a delegation of legisla- 
 tive power. (People v. McFadden, 81 Cal. 489, 22 
 Pac. 851.) 
 
 Municipal boards can delegate only duties minis- 
 terial in character, and not calling for the exercise of 
 discretion. (Ilolley v. Orange Co., lOG Cal. 420, 39 
 Pac. 790.) 
 
 Powers conferred upon a municipal corporation, in- 
 volving tlie excrcis(> of judgment and disci'etion. are 
 in the nature of public trusts, and cannot be dele- 
 gated. (Scollay V. Butte Co., 07 Cal. 249, 7 Pac. (Wll.) 
 
 The legislature had poAver to enact tlie act of 1S91, 
 to ostablisli law libraries, and to provide that coun- 
 ties miglit come witliin tlie provisions of the act, as 
 the Ixtards of supervisors of tlie respective counties 
 miglit determine. (Board v. Supervisors, 99 Cal. 571, 
 34 I'ac. 244.) 
 
 A provision of tlie County Govei-nnient Act of 18R3, 
 tli.it (lie boards of supcrvisoi's of counties of cert;iln
 
 71 CONSTITUTION OF 1S79. Art. IV, § 1 
 
 designated classes may allow comity officers a dep- 
 uty whenever in the opinion of such board the salary 
 of such officers is insufficient, is an unlawful delega- 
 tion of legislative power. (Dougherty v. Austin, 94 
 Oal. GOl, 28 Pac. 834; People v. Johnson, 95 Cal. 471, 
 SI Pac. 611.) 
 
 An act providing that a board of harbor commis- 
 sioners may impose penalties not exceeding five hun- 
 dred dollars for the violation of the rules made by 
 them is a delegation of legislative functions. (Har- 
 bor Commrs. v. Eedwood Co., 88 Cal. 491, 26 Pac. 
 375.) 
 
 The legislature cannot delegate to a board of medi- 
 cal examiners the power of declaring what acts shall 
 constitute a misdemeanor. (Per Patersou, J., in Ex 
 parte McNulty, 77 Cal. 164. 19 Pac. 237.) 
 
 An act authorizing a commission to make certain 
 quarantine rogulatious. and declaring that a violation 
 of them shall be a misdemeanor, is an imlawful dele- 
 gation of legislative power. (Ex parte Cox, 63 Cal. 
 21.) 
 
 An act creating a state board of equalization and 
 providing that such board shall determine the rate 
 of taxation, is not an unlawful delegation of legis- 
 lative power. (Savings etc. Soc. v. Austin, 46 Cal. 
 415. But see Houghton v. Austin. 47 Cal. 646.) 
 
 An act which submits to a popular vote of the 
 electors of a county the question whether certain ter- 
 ritory shall be annexed thereto is valid. (People v. 
 Nally, 49 Cal. 478.) 
 
 Police power.— The police power will not authorize 
 the state to take private property for public use with- 
 out compensation when such property can be con- 
 demned and paid for. (People v. Elk River etc. Co., 
 107 Cal. 221, 40 Pac. 531.) 
 
 An act making it a misdemeanor to keep open a 
 barber-shop on Sundays or other holidays is unrea- 
 sonable. (Ex parte Jentzsch, 112 Cal. 468, 44 Pac. 
 803.) 
 
 The state has authority to regulate fisheries within 
 its borders, and may provide the places as well as 
 the times in which fish may be taken, and may make 
 exclusive grants of fisheries in designated waters. 
 <Heckman v. Swett, 107 Cal. 276, 40 Pac. 420.)
 
 Art. IV, § 1 CONSTITUTION OF 1879. 72 
 
 An act providing for a bounty on coyote scalps 
 comes witliin the purview of the police power. (In- 
 gram V. Colgan. 106 Gal. 113. 38 Pac. 315, 39 Pac. 
 437.) 
 
 A law making it a felony to sell iiitoxicnting liquor 
 to an Indian is valid. (People v. Bray, 105 Gal. 344, 
 38 Pac. 731.) 
 
 It is within the police power of the state in the 
 protection of the wild game of the state to prohibit 
 the sale of the meat of any wild game within the 
 Btate. (Ex parte Maier. 103 Gal. 470, 37 Pac. 402.) 
 
 It io not competent for the legislature to vest in 
 an adjoining proprietor the power to prevent his 
 neighbor from building such structure on his own 
 land as he pleases, provided it is not a niiisnnce; and 
 it is not a nuisance merely because it obstructs the 
 passage of light and air. But the legislature may 
 regulate the erection of division walls on the division 
 line. (Western etc. Go. v. Knickerbocker, 103 Gal. 
 11 J. 37 Pac. 19::>.) 
 
 An act to prohibit Ghinese persons from coming 
 into the state, and prescribing terms and conditions 
 upon which those residing in the state shall be per- 
 mitted to remain and travel thei'ein, is void. (Ex 
 parte Ah Cue, 101 Gal. 107, 35 Pac. 55G.) 
 
 The act of 1801, permitting the organization and 
 creation of sanitary districts, is within the police 
 power of the state. (Woodward v. Fruitvale Sani- 
 tary Dist., 90 Cal. 554. 34 Pac. 239.) 
 
 An act forbidding the sale of liquors within cer- 
 tain distances of certain named educational and re- 
 formatory institutions is a valid i^olice reg^ylation. 
 (Ex parte McClain, 01 Gal. 4.3(!.) 
 
 It is within the police power of the state to au- 
 thorize the channel of a river to be turned or straight- 
 ened. (Green v. Swift, 47 Gal. 53(5.) 
 
 The legislature has no power to declare that a 
 physician is guilty of unprofessional conduct in ad- 
 vertising himself as a specialist in certain diseases, 
 and punishable as for a mis(lem(>anor. (Per Thorn- 
 ton, .T., in Ex parte McNulty, 77 Gal. 104, 19 Pac. 
 237.)
 
 73 CONSTITUTION OF 1879. Art. IV, §§ 2, 3 
 
 Sec. 2. The sessions of the legislature shall 
 commence at twelve o'clock M. on the first Mon- 
 day after the first day of January next succeeding 
 the election of its members, and, after the elec- 
 tion held in the year eighteen hundred and eighty, 
 shall be biennial, unless the governor shall, in the 
 interim, convene the legislature by proclamation. 
 No pay shall be allowed to members for a longer 
 time than sixty days, except for the first session 
 after the adoption of this constitution, for which 
 they may be allowed pay for one hundred days. 
 And no bill shall be introduced, in either house, 
 after the expiration of ninety days from the com- 
 mencement of the first session, nor after fifty 
 days after the commencement of each succeeding 
 session, without the consent of two-thirds of the 
 members thereof. 
 
 INTRODUCTION OF BILLS.— After the fifty days 
 within which bills may be introduced have expired, 
 a bill pi'eviously introduced may be amended in the 
 same manner as before, and several bills may be con- 
 solidated in the form of a substitute. (Hale v. Mc- 
 Gettigan, 114 Cal. 112, 45 Pac. 1049.) 
 
 If the legislative journals are silent upon the ob- 
 servance of any constitutional requirement as to the 
 passage of bills, it cannot be assumed that such re- 
 auirement was omitted by the legislature. (Hale v. 
 McGettigan, 114 Gal. 112, 45 Pac. 1049.) 
 
 Sec. 3. Members of the assembly shall be elected 
 in the year eighteen hundred and seventy-nine, 
 at the time and in the manner now provided by 
 law. The second election of members of the 
 
 Constitution— 7
 
 Art. IV, §§4,5 CONSTITUTION OF IS < 9. 74 
 
 assembly, after the adoption of this constitution, 
 shall be on the first Tuesday after the first Mon- 
 day in JSTovember, eighteen hundred and eighty. 
 Thereafter, members of the assembly shall be 
 chosen biennially, and their term of office shall 
 be two years; and each election shall be on the 
 first Tuesday after the first Monday in November, 
 unless otherwise ordered by the legislature. 
 
 Sec. 4. 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 three 
 years, and of the district for which he shall be 
 chosen one year, next before his election. 
 
 MEMBERS.— A person properly qualified when 
 elected to tlie senate does not forfeit his office by the 
 redistrictinc: of the state, leaving the person outside 
 of the district which he represents. (People v. Mark- 
 ham, 96 Cal. 2G2, 31 Pac. 102.) 
 
 Sec. 5. The senate shall consist of forty mem- 
 bers, and the assembly of eighty members, to be 
 €lected by districts, numbered as hereinafter pro- 
 vided. The seats of the twenty senators elected 
 in the year eighteen hundred and eighty-two from 
 the odd-numbered districts shall be vacated at the 
 expiration of the second year, so that one-half of 
 the senators shall be elected every two years ; ijro- 
 vided, that all the senators elected at the first elec-
 
 75 CONSTITUTION OF 1879. Art. IV, § Q 
 
 tion under this constitution shall hold office for 
 the term of three years. 
 
 TERM OF OFFICE.— The seats of the twenty sen- 
 ators elected in 1882, from the districts designated in 
 the act of 1874 by odd numbers, became vacant at the 
 expiration of the second year, and their successors 
 were required to be elected from the same districts 
 for the term of two years. (McPherson v. Bartlett, 
 G5 Cal. 577, 4 Pac. 582.) 
 
 Sec. 6. For the purpose of choosing memhers 
 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 coiinty, 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. IV, §6 CONSTITUTION OF 18(9. 76 
 
 one thousand eight hundred and eighty, and every 
 ten 5^ears 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 apportionment 
 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 
 redistrictod that some counties In the newly formed 
 districts Mill have double representation and others 
 will be deprived of their fair and equal representa- 
 tion, (reople V. Pendcffast, 90 Cal. 289, 31 Pac. 103.) 
 
 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. liice, 135 N. Y. 473, 31 N. E. 
 921.) 
 
 The legislature cannot be compelled to make an 
 apportionment. (In re State Census. (!2 N. W. 129.) 
 
 The apportionment must be according to popula- 
 tion, but matliematical exactness is not ri^ulr(»d. 
 (People V. Tliomitson, I.") 111. 451; Parker v. State. 
 i;{;} Ind. 178; I'routy v. Slover, 11 Kan. 2:5.'); Opinion 
 of Justices, 18 Me. 158; Giddings v. Blacker, 92 Mich.
 
 77 CONSTITUTION OF 1879. Art. IV, § 7 
 
 638; People v. Broome, 20 N. Y. Supp. 470; People v. 
 Board of Aldermen, 14 Misc. Kep. 105; People v. Rice, 
 13.J 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. 2.35; People v. 
 Thompson, 155 111, 451; People v. Broome, 20 N. Y, 
 Supp. 470; People v. Rice, 1.35 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 citijcens 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, 135 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, 155 111. 451; State v. Cunning- 
 ham, 83 Wis. 90.) 
 
 As to what territory is "contiguous," see Houghton 
 Co. V. Blacker, 92 Mich. 0-3S; Parker v. State, 133 Ind. 
 178; People v. Thompson, 155 111. 451. 
 
 Under this section a county cannot be divided, un- 
 less it contains sufficient population to make two or 
 more districts. (Houghton Co. v. Blacker, 92 ^Nlich. 
 638; State v. Cunningham, 81 Wis. 440; People v. 
 Board of Aldermen, 89 Hun, 400.) 
 
 Sec. 7. Each house shall choose its officers, and 
 judge of the qualifications, elections, and returns 
 of its members.
 
 Art. IV, § 8 CONSTITUTION OF 1879. 78" 
 
 QUALIFICATIONS OF MEMBERS.— Whether a 
 senator lias been regularly elected is a question ex- 
 clusively for the senate. (Anonymous, 12 Fla. G86.) 
 
 The house is to judge of the election of its mem- 
 bers, and the returns are only prima facie evidence of 
 election. (Chrismau v. 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. Eh Cas. 1864-05, 36G.) 
 
 The qualifications of members being fixed by the 
 constitution, additional ones cannot be required by 
 the legislature. (Barney v. McCreery, 1 Cong. El. 
 Cas. 167; Turnev v. Marshall. 2 Cong. El. Cas. 1G7; 
 TnimbuU's Case\ 2 Cong. El. Cas. 618.) 
 
 ^Yhile 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 sutlicient to make a (juorum in 
 the h.'Ul of tlie 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 meiiibei-s vot- 
 ing, and be counted and announced in determining 
 the presence of a quorum to do Imsiness," is a con-
 
 79 coNSTiTUTiox 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. Each house shall determine the rule of 
 its proceedinof. 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 .iournal is a public record, of which 
 courts may take judicial notice. (Brown v. Nash, 1 
 Wyo. So.) 
 
 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, 
 1 Am. L. .T., N. S., 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 memorir^m rei, 
 there entered. (Oakland Pay. 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 1S79. so 
 
 in the office of the secretary of state, cannot be im- 
 peached by a resort to the journals of the legislature. 
 (Yolo Co. V. Colaan, 132 Cal. 265, 64 Pae. 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. (Wooloy v. Bntler, 1 Banl<. L. T. o'>.) 
 ■ This privilege extends to .iudicial 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 v. 
 Cooper, 4 Dall. .341.) 
 
 Members are privileged not only from arrest, but 
 also from a service of summons or other civil pro- 
 cess wliile in attendance on their public duties. (Coxe 
 V. McClonaclian. .3 Dall. 478; Geyer v. Irwin, 4 Dall. 
 107; Nones v. Edsall, 1 Wall. Jr. 191.) 
 
 Sec. 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 iiicumpatibe 
 office. (People v. Carritpie, 2 Hill, 93: Powell v. 
 Wilson, 16 Tex. 00; Biencourt v. Parker, 27 Tex. 562.) 
 
 A resignation sent to the governor of a state is 
 Bufficient. (Edward's Case, Clark & II. 92; Piercer's 
 Case, Clark & H. 44; Bledsoe's Case, Clark & II. 869.)
 
 81 CONSTITUTION OF 1879. Art. IV, §§ 13-15 
 
 The executive may issue wi-its for a new election 
 without waiting: to be informed by the house that 
 a vacancy exisis. (Mercer's Case, Clark & H. 44.) 
 
 Sec. 13. The doors of each house shall be open, 
 except on snch 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 geueral assembly. (West Phil. Pass. R. R. Co. 
 V. Union Pass. R. Co., 4 Leg. Gaz. 193, 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 1ST9. S2 
 
 upon each bill separately, and shall he 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 
 tliis section in its popular, and not in its technical, 
 sense, and means read at length, and not I'ead asi 
 is usual in parliamentary bodies. (Weill v. Ivenfield, 
 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, 
 SO 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. 5G0; Yolo Co. v. Col.gan, 132 Cal. 205, G4 Pac. 
 403; People v. Harlan, 21 Cal. Dec. 098.) 
 
 A resolution adopted by a two-thirds vote, declar- 
 ing that a number of specified bills "present cases 
 of urgency," and that tlie 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. (I'eople 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, § IG 
 
 shall si^i 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 returne'd within ten days 
 after it shall have been presented to him (Sundays 
 excepted), the same shall become a law in lijce 
 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 sucli 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 GOVEPvNOR— The day 
 
 upon which the bill is preseuted to the governor should 
 be excluded. (Price v. Whitman, 8 Cal. 412; Iron 
 Mountain Co. v. Haight, 39 Cal. 540.) 
 
 In People v. Whitman, Cal. 059, it was held that 
 only where the last day fell upon a Sunday should 
 Sundays be excepted in malcing 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 laAv 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. 018, 49 
 Pac. 700.) 
 
 Where inconsistent acts are approved on the same 
 day, it is to be presumed that they Avere published 
 in the chronological order of their approval; but the 
 court W'ill take judicial notice of the time of the 
 approval of each act, and may resort to the ofRce 
 of the secretary of state to leani the exact time 
 thereof. (Davis v. Whidden, 117 Cal. CIS, 49 Pac. 
 700.) 
 
 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. 1(j5.) 
 
 Where a statute is declared to take effect from 
 and after its passage, it takes effect at the v;i'y 
 moment of its approval by the governor. (People v. 
 Clark, 1 Cal. 40<5.) 
 
 An act approved by Ihe governor after the adjourn- 
 ment of tlie legislature Avas void under the former 
 constitution. (Fowler v. IV-irce, 2 Cal. KJo.) 
 
 Sec. 17. Tlio assembly shall have the sole 
 power of impeachment, and all iiii[K'achmcnts
 
 85 CONSTITUTION OF 1S79. Art. lY, § 18 
 
 shall be tried by the senate. When sitting for 
 that purpose, the senators shall be npon 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 bouse voting 
 for tbe px'osecution of an impeacbmont is not tbereby 
 rendered disqualified, if subsequently elected to tbe 
 senate, from sitting on a trial tbereof. (Addison's 
 Trial, 21-28; Porter's Trial, 53.) 
 
 All the functions of the governor are entirely sus- 
 pended during bis trial. (Opinion of Judges, 3 Neb. 
 464.) 
 
 For an impeachment to be effectual, the articles 
 must be presented to the senate, and a constitutional 
 quorum of tbe entire membership must receive it. 
 (P^xecutive Communication, 12 Fla. 656.) 
 
 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. x\ll other civil officers shall be 
 tried for misdemeanor in office in such manner 
 as the legislature may provide. 
 
 BEMOVAL OE OEFICERS.— This section gives to 
 the legislature power to provide for tbe removal of 
 Constitution— 8
 
 All. IV, § 19 CONSTITUTION OF 1ST9. 86 
 
 officers without a jury trial. (Woods v. Varnum, 85 
 Cal. G39. 24 Pac. 843.) 
 
 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 Maries, 45 Cal. 190.) 
 
 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; Commonw^ealth 
 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 sliall have been 
 created, or the emoluments of which have been 
 increased, during such term, except such otlices 
 as may be filled by election by the people. 
 
 OFFICES. — This section docs not inhibit the ap- 
 pointment of a member of the legislature to the of- 
 fice of harbor commissionei", wliich office was not 
 created, nor the emoluments thereof increased, dur- 
 ing his term of office — tlie method of tilling, the duties 
 and functions of the office alone being changed. (Peo- 
 ple v. Burns, 58 Cal. (;(;0.) 
 
 This section docs not disqualify a member of the 
 legislature from liolding an otlice, the emoluments of 
 which are increased during Ills legislative term, but 
 after his election to such othce. (Stale v. Boyd, 21 
 Wis. 208.)
 
 87 CONSTITUTION OF ISi'J. 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- 
 num^ 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 
 amium. (People v. Leonard, 73 Cal. 230, 14 Pac. 853.) 
 
 The federal office of surveyor ^reneral 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. 3G.) 
 
 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. Duubar, 52 Cal. 36.) 
 
 To constitute a holding, the officer must be ap- 
 pointed and qualify b.v 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. 30.) 
 
 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 office after he has 
 accepted a lucrative federal office. (People v. Leon- 
 ard, 73 Cal. 230, 14 Pac. 853.) 
 
 "Eligible" means capable of being chosen— the sub- 
 ject of selection or choice; and "compensation" means
 
 Art, IV, §§ 21, 22 coxstitutiox of 1ST9. 88 
 
 the income of the office, not its profits. <^Searcy r. 
 Grow, 15 Cal. 117.) 
 
 If a n ember at the time of his election hold a 
 disqualifying office, it is suflicient tliat he qualify 
 himself by a resignation of it before he is sworn in. 
 (Commonwealth v. 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. Parl^er, 27 Tex. 558.) 
 
 A person holding two compatible offices is not pre- 
 cluded from holding the salaries of botli. (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 
 tbereon 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 slate institution, nor sball 
 any grant or donation of property ever be made 
 thereto by tlie state; provided, that hotwithstand-
 
 89 CONSTITUTION OF 1879, Art. IV, § 22 
 
 ing anything contained in this or any other sec- 
 tion of this constitution, the legishiture shall have 
 the power to grant aid to institutions conducted 
 for the support and maintenance of minor orphans, 
 or half orphans, or ahandoned 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 ?uch institutions; provided further, 
 that whenever 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 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 bo dr.Twn 
 from the treasury but in consequence of appropria- 
 tions made by law. (Baggett v. Dunn, 69 Gal. ">, 
 10 Pac. 125.) 
 
 To an appropriation nothing more is requisite than 
 a designation of the amount and fund out of which 
 it shall bo paid. It is not essential to its validity 
 tliat 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 1ST9. 90 
 
 lecrislative department the exclusive power of decid- 
 ing to what piirpose 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. 
 111.) 
 
 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 bv the state for military purposes. (People v. 
 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 amourfts granted by the 
 legislature to private institutions is self-executing, 
 and where the legislature grants such aid to private 
 in.stitutions, such counties, cities, and towns become 
 entitled to the same aid. (Yolo Oo. v. Dunn, 77 Cal. 
 133, 10 Pac. 202; San Francisco v. Dunn, 69 Cal. 
 73, 10 Pac. 101.) 
 
 An act appropriating three hundred thousand dol- 
 lars to me?t the expenses of erecting buildings and 
 maintaining an exhibit of the products of the state 
 at the "SVorld's Fair at Chicago, and providing that 
 the appropriation should be expended under the ex- 
 clusive charge of a coniniission appointed by the 
 governor, is not in contlict with this provision. (Dag- 
 gett v. Colgan. 02 Cal. .53. 28 Pac. 51.) 
 
 An act creating an oflice and providing that the 
 officer "shall receive a salary of two thousand four 
 hundred dollars per annum, payabh> monthly, .... 
 to be paid out of any money in tlu^ stale treasury 
 not otherwise approini.ited." is sutticient to show 
 an intention to apitiopriate sucli sum. (Humbert v. 
 Dunn. 84 Cal. 57. 24 Pac. J 11.) 
 
 An act providing for the commitment of minor 
 criminals to nonscctarian charitable corpora tloais, the 
 expen^■e of nKiintenance to be paid by the county, 
 Is not in violation of this section, since it only ap- 
 plies to the state tre.isurv. (Boys' & Girls' Aid Soc. 
 V. Keis, 71 Cal. G27, 12 Pac. 790.)
 
 1)1 CONSTITUTION OF 1879. Art. IV, § 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 snb.iect to ap- 
 propriation by that legislature and not to some sub- 
 seauent legislature. (Baggett v. Dunn, GO Cal. 75, 
 10 Pac. 125.) 
 
 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. (Estate of Stanford, 12G Cal. 112, 54 
 Pac. 259, 58 Pac. 4(;2.) 
 
 The act of 18.55, providing a fund for the indigent 
 sick, has no application to a fund which comes to 
 a countv bv operation of this section. (Power v. 
 May, 12.3 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. 1(), 53 Pac. 41G.) 
 
 The act of 1891, fixing a bounty on coyote scalps, 
 did not malie a specific appropriation out of the gen- 
 eral fund for the payment of such bounties. (In- 
 gram V. Colsan, 1(K; Cal. 113, 38 Pac. 315, 39 Pac. 
 437.) 
 
 An act requiring 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 v. Siskiyou Co., .3G 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. IV, § 24 coNSTiTUTiox or 1879. 92 
 
 dollars, and siicli 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 attache 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 amen^ded; 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 provisiou of the foriiuT constitution was hold 
 to be merely directory. (Washington v. I'ase, 4 Cul. 
 388; Pierpont v. Crouch, 10 Cnl. 315; San lu-ancisco 
 V. Spring Valley W. W., 54 Cul. 571.) 
 
 But the provisions of this section are held to be 
 mandatory. (Ex parte Liddell, 93 Cal. C33, 29 Pac. 
 251.) 
 
 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 raean^ of ascertaining 
 the intention of tlie legislature. (People v. Abl)ott, 
 1(5 Cal. 358: Barnes v. Jones, 51 Cal. 303; Matter of 
 Boston Min. etc. Co., 51 Cal. 624; Harris v. Super- 
 visors, 52 Cal. 553.) 
 
 The provisions of this section should be liberally 
 construed, and the matter must be left largely to 
 legislative discretion. (Ex parte Liddell, 90 Cal.'G33, 
 29 Pac. 251: Abeel v. Clai'k, 84 Cal. 220, 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, 93 Cal. 633, 29 Pac. 251; People v. 
 Parks, 58 Cal. 024; Ex parte Kohler, 74 Cal. 38, 15 
 Pac. 436; 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 v. 
 Shoulters, 114 Cal. 136, 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 
 suliject. (Longan v. Solano, 05 Cal. 122, 3 Pac. 463.) 
 
 The act of March 19, 1878 (Stats. 1877-8, 338), does 
 not contain more than one subject. (San Francisco 
 v. 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- 
 lic 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 coxsTiTUTiox of 1879. 9 i 
 
 The words in a title "and for other pmiioses" do 
 not validate provisions which are not germane to 
 the particular subjects expressed in the title. (Spier 
 V. Eaker, 120 Cal. 370, 52 Pac. C59.) 
 
 It is not necessary that tlie title of an act should 
 embrace an abstract or catalogue of its contents. 
 (Abeel v. Clark, 84 Cal. 220, 24 Pac. 383; Ex parte 
 Liddell, 93 Cal. 633, 20 Pac. 2M; People v. Superior 
 Court, 100 Cal. 105, 34 Pac. 492; People v. Linda 
 Vista Irr. Dist., 128 Cal. 477. 61 Pac. 86; Hellmau 
 V. Shoulters, 114 Cal. 130, 44 Pac. 915, 45 Pac. 1057.) 
 Tlie title of an act Is not misleading because it 
 purports to provide for a "general" vaccination, 
 when in fact it only ajiplies to children in the pub- 
 lic schools. (Abeel v. Clark. 84 Cal. 226, 24 Pac. 3vS3.) 
 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 etc. 
 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 Mie 
 manufacture and sale thereof." and defining jnire 
 wine, prohil.itiug the use of deleterious substitutes, 
 and forbidding the sale of impure wine (Ex parte 
 Kohler, 74 Cal. 38, 15 Pac. 436); an act entitled 
 "An act to amend an act entitled 'An act to establi-^h 
 a Penal Code,' approved February, 14, 1872, by 
 amending section 634, relating to tish and game"' 
 (People V. Dobbins, 73 Cal. 257, 14 Pac. 860); an 
 act entitled "An act to provide for laying out, etc., 
 any street, etc., and to condemn and acquire any 
 and all lands and property necessary or convenient 
 for that pmpose," and providing for tiie assessment 
 of other lands to pay for lands condemned (Davies 
 V. Ix)s Angeks, 86 Cal. 37, 24 Pac. 771); an act en- 
 titled "An act for tlie 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 
 
 vidinsT a penalty for failure to make or post an 
 itemized aoeount or balance-sheet (Francais v. Somps, 
 92 Cal. 5(t3, 28 Tac. 592); an act entitled "An act 
 to establish a state reform school for juvenile of- 
 fenders, and to make an appropriation therefor," and 
 providmji: for the commitment of juvenile offenders 
 to such schools (Ex parte Liddell, 9.3 Cal. 033, 29 
 Pac. 251); an act entitled "An act to provide for 
 laj'ing out, etc., any street, etc., in municipalities, and 
 to condemn and acquire any and all land and prop- 
 erty necessary and convenient for that purijose,"' 
 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 board 
 of bank commissioners, and prescribing their duties 
 and powers," and providing for winding up of bank- 
 ing con^orations (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 
 (Gieselse V. San Joaquin. 109 Cal. 489, 42 Pac. 44G); 
 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, 05 
 Cal. 122. 3 Pac. 4(53); 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 Co., .30 Cal. 021); an act entitled "An act 
 to enable certain parties therein named to alienate 
 and encumber homesteads," and providing for the 
 alienation of the homestead by the sane spouse, un- 
 der order of the probate court (Jones v. Palvella, 120
 
 Art. IV, § 24 CONSTITUTION OF 1ST9. 98 
 
 Gal. 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 Ana-eles v. Spencer. 128 Cal. 670, 50 Pac. 202); 
 a provision relating to city justices of the pence in 
 an act entitled "An act to establish a iiniform sys- 
 tem of county and township government" (People 
 V. Cobb, 21 Cal. Dec. 770); an act purporting in its 
 title to add thirty-four enumerated secfiens 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 Avhich they 
 are given the possession and control (People v. Mul- 
 lender, 132 Cal. 217). 
 
 See, also. People v. King. 127 Cal. 570, 60 Pac. 
 35; Leake v. Colgan, 125 Cal. 413. 58 Pac. GO; .Jen- 
 nings V. Le Roy, 03 Cal. 397; People v. ITensliaw, 71 
 Cal. 436, 18 Pac. 413; Pennie v. Reis, SO Cal. 260, 
 22 Pac. 176; People v. Linda Vista Irr. Dist., 12S 
 Cal. 477. 61 Pac. 80; Carpenter v. Furrey, 128 Cal. 
 665, 61 Pac. 360; Vernon etc. Dist. v. Boar.l of Educa- 
 tion, 125 Cal. 503, 58 Pac. 175; E.\; parte Plirrman, 
 22 Cal. Dec. 411. 
 
 Particular acts held invalid.— The following ac!s 
 have been held to violate this provision: An act 
 whose title simply purports to repeal tlio statute con- 
 cerning the publication of const ilulioual amend- 
 ments, but in the body of the act also provides a 
 new method of pul)lishing such amendments (l'eoT)le 
 V. Curry. i;;o Cal. 82, 02 I'ac. 510|; an act amending 
 the act for tlie formation of sanitary districts, and 
 providing that sanitary boards may determine the 
 qualilication of persons autlnn-ized to sell liquors at 
 retail, this sul)ject not being germane to the title 
 of the original act (In re Werner, 120 Cal. 007, 62 
 Pac. 97); an act eiitilled "An act to establish fees," 
 etc., and providing for the payment of one dollar 
 for each one thousand doliiirs in excess of tlu'ee 
 thousand dolliu's of the appraised value of the es- 
 tate upon tiling tlie inventory, siicli payment being 
 a tax and not a fee (Fatjo v. I'lister, 117 Cal. 83, 48
 
 97 CONSTITUTION OF 1879. Art. IV, § 2i 
 
 Pac. 1012); an act entitled "An act to amend sec- 
 tions four thousand and fonr," and other sections 
 "to establish a system of county governments, ap- 
 proved April 27, 1880," but referring to no partic- 
 ular code or statute (Leonard v. January, 5G 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. 
 024; Doane r. 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, 
 v. Ha nee, 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 df 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- 
 .iect. (Lewis v. "Dunne. 22 Cal. Dec. 559.) 
 -That such terms as the "Code of Civil Procedure." 
 "Criminal Code," "Probate Code," "Political Code." 
 etc., do sufficiently state a subject, see Central etc. 
 R. Co. V. 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 
 IMinn. .575, 50 N. W. 923; Marston v. Humes, 3 Wash. 
 2G7, 28 Pac. 520; Mathis v. State. 31 Fla. 291, 12 
 South. 681; Ex parte Thomas, 113 Ala. 1, 21 Sontli. 
 369; Tribune Co. v. Barnes, 7 N. Dak. 591, 75 N. W. 
 904: Mnrphey v. IMenard, 11 Tex. ()73. 
 
 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. IV, § 24 CONSTITUTION OF 1879. 98 
 
 (Pennie y. Reis. SO Cal. 20G, 22 Pac. 17G; Jennings 
 V. Lo Roy, 03 Cal. 397; Baum v. 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. (Ear'.e v. 
 Board of Education. 55 Cal. 489. But see Hellnian 
 V. Shoulters, 114 Cal. 13G, 44 Pac. 915, 45 Pac. 1057; 
 University of California v. Bernard, 57 Cal. 612.) 
 
 This section docs not apply to amendments by im- 
 plication, nor to an act wiiich merely adds new 
 sections relating- to a named 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 
 bv implication from the sections added. (Hellman 
 v^ Shoulters, 114 Cal. 130, 44 Pac. 915, 45 Pac. 1057. 
 But see Earle v. Board of Education, 55 Cal. 480.) 
 
 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.) 
 
 Whore 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 v. Hall, 102 Cak 2(5, 36 
 Pac. 417.) 
 
 Under the provisions of this section the amend- 
 ment of a statu'o operates as an alisolute repeal of 
 the statute or section amended, even if the amend- 
 ment takes nothing away from the old law, but 
 mcTely adds a proviso in certain cases. (Billings 
 V. Harvey, (J Cal. 381.) 
 
 An act adding five new sections to the Political 
 Code is not within tlie mischief Avliicli tliis section 
 was intended to prevent. (University of California 
 V. Bernard, 57 Cal. 612.)
 
 i)D CONSTITUTION OF 1879. Art. IV, § 25 
 
 An act entitled "An act to revise the Code of Civil 
 Procedure of the -state of California by amending 
 certain sections, repealing otliers, and adding certain 
 new sections." and amending, repealing, or adding 
 some tive 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. Dec. 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 
 V. Barnard, 5 Or. 390; David v. Portland etc. Co., 14 
 Or. 9S. 12 Pae. 174; Greencastle etc. Co. v. State, 2^ 
 Tnd. 882; Town etc. 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 — Eegulating the jurisdiction and duties 
 of justices of the peace, police judges, and of 
 constables. 
 
 Second — For the punishment of crimes and mis- 
 demeanors. 
 
 Third — Eegulating the practice of courts of 
 justice. 
 
 Fourth — Providing for changing the venue in 
 civil or criminal actions. 
 
 Fifth — Granting divorces. 
 
 Sixtli — Changing the names of persons or 
 places. 
 
 Seventh — Authorizing the laying out, opening, 
 altering, maintaining, or vacating roads, highways.
 
 Art. IV, § 25 CONSTITUTION OF 1879. ICO 
 
 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 — Eegulating county and township busi- 
 ness, or the election of county and township 
 oftlcers. 
 
 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. 
 
 Thirteenth — Extending the time for the collec- 
 tion of taxes. 
 
 Fourteenth — Giving effect to invalid deeds, 
 wills, or other instruments. 
 
 Fifteenth — Eefunding money paid into the 
 state treasury. 
 
 Sixteenth — Eeleasing or extinguishing, in whole 
 or in part, the indebtedness, liability, 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 
 liis or her property.
 
 101 CONSTITUTION OP 1S79. 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 — Eestoring to citizenship per- 
 sons convicted of infamous crimes. 
 
 Tv)enty-third — Eegulating 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-sixth — Eemitting 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. 
 
 Thirttj-third — In all other cases where a gen- 
 eral law can be made applicable. 
 
 LOCAL AND SPECIAL LAWS— In general.-Un- 
 der tlie former constitution the legislature was not 
 forliiclden to pass local or special laws. (Wi.ijmore 
 V. Buell. 122 Cal. 144, 54 Pac. GOO; People v. Twelfth 
 District Court. 17 Cal. 547; Ex parte Burke, 59 Cal. 6; 
 Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 Pac. 
 211.) 
 
 The provisions of this section are prospective only, 
 and do not affect statutes passed before its adoption. 
 (Nevada Sch.ool Dist. v. Shoecraft, 88 Cal. 372, 26 
 Pac. 211; Ex parte Burke. 59 Cal. 6; Rollins v. 
 Wrijrht, 93 Cal. 395, 29 Pac. 58; Smith v. McDermott, 
 93 Cal. 421, 29 Pac. 34; Meade v. Wat.son, 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. (Sau Francisco v. Spring Valley W. 
 W., 48 Cal. 493.) 
 
 A law wliich 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. Dos Angeles, S6 Cal. 37, 
 24 Pac. 771.) 
 
 A si^ecial law is ome relating to a selected class, 
 as well as a particular object. (Smith v. McDerniott, 
 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. .1. 
 
 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 Die classi- 
 tication 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, 2(> Pac. lOSl; Foster v. Police Commrs.. 
 102 Cal. 183, 37 Pac. 763; Rode v. Siebe, 11!) Gal.
 
 103 CONSTITUTION OP 1879. Art. IV, § 25 
 
 518, 51 Pac. SCO; Ex parte Koser, GO Cal. 177; Vail 
 V. Sau Diego, 126 Cal. 35, 58 Pac. 392; People v. 
 Central Pac. R. R. Co., 105 Cal. 57G, 38 Pac. 905; 
 Murpliv V. Pacific Bank, 119 Cal. 334, 51 Pac. 317; 
 Murphy v. Pacific Bank, 130 Cal. 542, G2 Pac. 1059.) 
 
 In order to make the law general, the classification 
 must not be arbitrary, but must be founded upon 
 e;ome natural, intrinsic, or constitutional distinction, 
 and some reason must appear why the act is not 
 made to apply generally to all classes. (Ilauer v. Will- 
 iams, 118 Cal. liOl, 50 Pac. 691; Darcy v. Mayor, 104 
 Cal. 612, 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 v. Stimson, 91 Cal. 238. 27 Pac. 604; 
 Bloss V. Lewis. 109 Cal. 493, 41 Pac. lOSl.) 
 
 A law wliich applies only to a part of a class — 
 which relates not to any genus, but only to species — 
 is a SDecial law. (People v. Central Pac. R. R. Co., 
 83 Cal. 393. 23 Pac. .303.) 
 
 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 boai'ds of 
 freeholders, and to adopt and amend charters (Frag- 
 lev V. Phelan, 126 Cal. 383, 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 .ludge of such cities (People v. Henshaw. 76 Cal. 
 436. 18 Pac. 413; Ex 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 Kings River Reclamation Dist. No. 
 .531 V. McCuUah, 124 Cal. 175. 56 Pac. 887); the in- 
 sanity law of 1897 (People v. King, 127 Cal. 570, 60
 
 Art. IV, § 25 CONSTITUTION OF 1S79. 104 
 
 Pac. 35); section 1203 of the Code of Civil Procedure 
 (Carpenter v. Furrey, 128 Cal. GG5, Gl Pac. 360); 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 v. 
 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, 38 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. 383); an 
 act relating to the compensation of the aiiditor and 
 his clerk in all counties of the twentieth class (Far- 
 nura V. Warner, 104 Cal. 677, 38 Pac. 421); an act 
 forbidding the erection of partition walls in citios 
 and towns of a greater height than ten feet, with- 
 out the consent of the adjoining owner, except 
 around public gardens, etc. (Western etc. Co. v. 
 Knickerbocker, 103 Cal. Ill, 37 Pac. 192); the provi- 
 sions of section 1001 of the Civil Code, providing foi* 
 the acquisition of private property through the ex- 
 ercise of tlie right of eminent domain (Santa Ci'uz v. 
 Enright, 95 Cal. 105, 30 Pac. 197); a county ordinance 
 providing a smaller license tax for tlie sale of spirit- 
 uous liquors at wayside inns and rural watering 
 places, outside of any city, than wlion sold in a city 
 (Amador Co. v. Kennody, 70 Cal. 458, 11 Pac. 757); 
 an ordinance making it milawful to conduct a laun- 
 dry between 10 P. M. and G A. M., or on Sundays 
 (Ex parte INIoynier, 65 Cal. 33); the provision of the 
 Code of Civil I'rocodiu-e giving certain laborers pre- 
 ferred claims as against otlicr attacliiug creditors 
 (Mohle v. Tschireh, (i3 Cal. 3S1). 
 
 See, also, cases cited below under the particular 
 subdivisions of tliis section. 
 
 Acts held to be special.— On the otlier hand, the 
 following acts liave been hold to bo spocinl within tlie 
 moaning of this section: An act jiroviding An* boards 
 of election commissioners in cities and counties hav-
 
 105 CONSTITUTION OF 1879. Art. IV, § 25 
 
 ing one hnndred and fifty thousand or more inliabi- 
 tants, that bein,:;' an arbitrary classification without 
 reference to the existing classification by general law 
 (Denman v. Broderick, 111 Cal. 96, 43 Pac. 51G); the 
 "McClure Charter," i)ecause 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 
 numbered one to ten in counties of one particular 
 class (Lougher v. Soto, 129 Cal. 010, 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 coi-poi'ation, and taking 
 away a large part of its territory (People v. Common 
 Council, 85 Cal. 3G9, 24 Pac." 727; Fisher v. Police 
 Court, 86 Cal. 358, 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 v. 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 v. 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 CONSTITUTION OF 1ST9. 106 
 
 6 o'clock P. M. on Sunday," is a special law. (Ex 
 liarte Westerlielcl, 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, marlvcts, restaiu-ants, 
 taverns, liveiy-stables, and retail drug stores held not 
 to be a special law. (Ex parte Koser, GO 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. 
 (Ex 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. (Ex parte 
 Williams, S7 Cal. 78, 24 Pac. 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 sliall 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. Ilevrcn, 120 Cal. 226, 58 Pac. 530.) 
 
 A provision in the act supplemental to the "Wright 
 Act," that in a proceeding to coutirm the organization 
 and bonds of an irrigation district "a motion for a 
 new trial must be made upon the minutes of the 
 court," is repugnant to this provision. (Cullen v. 
 Glendora Water Co., 113 Cal. 503, 39 Pac. 709, 45 Pac. 
 822.) 
 
 The "Bank Commissioners' Act," providing for the 
 winding up of bani<ing corj)oraiions, and to that ex- 
 tent superseding tlie i>rovisi()ns of tlie general Insol- 
 vent Act, is constitutional. (People v. Superior 
 Court, 100 Cal. 105, 34 I'ac. 402.)
 
 107 cox\sTiTUTioN OF 1879. Art. IV, § 25 
 
 An act providing: tlie form of a complaint in an ac- 
 tion to condemn land is valid. (San Francisco v. 
 Kiernan, 98 Cal. 014, 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 V. Central Pac. E. R. Co., 83 Cal. 393, 23 Pac. 
 303.) 
 
 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 coimty, 
 is in violation of this section. (People v. Central Pac. 
 K. R. Co., 83 Cal. 303, 23 Pac. 303. But see People 
 V. Central Pac. R. R. Co.. 105 Cal. 57G, 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. G02, 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 bj' 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 Societe Francaise, etc., 
 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 v. Shoultors, 
 114 Cal. 136, 44 Pac. 915, 45 Pac. 1057.) 
 
 Subdivision 9. — A law providing that, in coimties 
 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 v. 
 Siskiyou Co., 100 Cal. 332, 42 Pac. 434.) 
 
 A provision of the County Government Act, thflt in 
 counties of a certain class county licenses collected
 
 Art. IV, § 25 coxsTiTUTiox of 1S79. lOS 
 
 In cities shall be paid into the treasuries of such 
 cities for street improvements, is in violation of this 
 subdivision. (San. Luis Obispo v. Graves, 84 Cal. 71, 
 23 Pac. 10.32.) 
 
 The provisions of the County Government Act of 
 1893 empowerinc: cei'tain 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. ' 
 althouiih 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. 3S6. Welsh v. Bramlet. 98 Cal. 219, 33 Pac 60, 
 and Walser v. Austin, 104 Cal. 128, 37 Pac. 8G9, over- 
 ruled.) 
 
 An act directing the municipality to pay a particu- 
 lar claim acrainst 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 iinseeured by real estate shall be 
 collected at the time of the assessment, and before 
 the time provided for the collection of taxes uix)u 
 other property, is valid. (Rode v. Si«^be, 119 Cal. 518, 
 51 Pac. 869, Van Fleet, .T., and Ilariison, J., dissent- 
 ing; Pacific Postal etc. Co. v. Dalton, 119 Cal. 604, 
 51 Pac. 1072.) 
 
 Section 10 of article 13 of the constitution is not 
 "a local or special law" passed by the Icsislature. 
 (San Francisco etc. R. R. Co. v. State Board, GO Cal. 
 12.) 
 
 A law providing a special method of assessment 
 and collection of taxes against railroads situated in 
 more than one county is special legislation. (Peoi)le 
 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 11— In forming a new county the leg- 
 islature may make special ]n-ovisions as to the first 
 election to be lield in it, and as to all tilings which 
 must be done in order to complete tlie organization 
 and preserve the oi-deriy and liarmonious adniinislra- 
 tlon bf the laws tliereiu. (People V. McFaddeu, 81 
 Cal. 489, 22 Pac. 851.)
 
 109 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. 410. 35 Pac. 302.) 
 
 An act creating a new connty 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. (Mai*sh 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. 303, 
 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. 
 393, 23 Pac. 303. But see People v. Central Pac. R. 
 R. Co., 105 Cal. 576, 38 Pac. 905.) 
 
 Subdivision 23. — An act making it a misdemeanor 
 for a pawnbrolier to charge or receive more than two 
 per cent, per month Interest is not a special law. (Ex 
 parte Llchtenstein, 67 Cal. 359, 7 Pac. 728.) 
 
 Subdivision 24.— People v. Central Pac. R. R. Co., 
 83 Cal. 393, 23 Pac. 303; People v. Central Pac. R. 
 R. Co., 105 Cal. 576, S8 Pac. 905. 
 
 Subdivision 27.— The fixing of salaries of teachers 
 is part of the "management of the common schools." 
 (Earle v. Board of Education, 55 Cal. 489.) 
 Constitution — 10
 
 Art. ly, § 25 CONSTITUTION OF 1879. 110 
 
 An act relating to salaries of school teachers irii 
 cities having one hundred thousand inhabitants or 
 more is local and unconstitutional. (Earle v. Board 
 of Education, 55 Cal. 4S9.) 
 
 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 citv is a special law. (Bruch v. Colombet, 104 
 Cal. 347, 38 Pac. 45.) 
 
 Subdivision 28. — An act authorizing the police com- 
 missioners of Sacramento to appoint policemen not 
 exceeding tliirty in number is a special law. and 
 creates officers within the meaning of this subdivision 
 (Farrell v. Board of Trustees, 85 Cal. 408, 24 Pae 
 868.) 
 
 The word "officers" includes policemen in cities 
 and includes all officers wlio exercise their office and 
 perform their duties within the limits of either politi 
 cal division mentioned. (Farrell v. Board of Trus 
 tees, 85 Cal. 408, 24 Pac. 868.) 
 
 An act directing the municipality to pay a partica 
 lar claim against it is in violation of this subdivision 
 (Coulin V. Supervisors, 114 Cal. 404, 46 Pac. 279.) 
 
 An act creating offices in but one class of counties 
 arbitrarily created and designated by population 
 without reference to the classilicntion 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 couimisslonors 
 for the bay of San Diego. (People v. MuUeuder, 132 
 Cal. 217.) 
 
 See. also. Ex parte Jordan, 02 Cal. 4(>4; Welsh v. 
 Bramlet, 9S Cal. 219, 33 Pac. 66; Tulare Co. v. May, 
 118 Cal. 303, 50 Pac. 427. 
 
 Subdivision 28.— An act making an appropriation 
 to pay the salary of an officer during a certain period 
 before tlie amount of the salary has been fixed is not 
 in violation of this section. (Smith v. Dunn, ()4 Cal. 
 164, 28 Pac. 232. Suiitii v. Kenlield, 57 Cal. 138, dis- 
 tinguisi>f»d.) 
 
 'I'he County Govoniincnt Act is not in viohition of 
 tills urovlsion. (Lrouyau v. Solano Co., 65 Cal. 122, 
 o i ..«-. 4i»3.j
 
 Ill co>'STiTUTiox OF 1879. Art. IV, § 25 
 
 An act fixing the salaries of coiinty 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 v. Colgan, 
 92 Cal. 605, 28 Pac. 673.) 
 
 An act providing that when the population of an 
 existing county shall he 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 whicli such county has 
 been reduced, is a general law. (Kumler v. Supervis- 
 ors, 103 Cal. 393. 37 Pac. 3.S3.) 
 
 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. 
 V. 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 becaiise, 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, 132 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, SI Cal. 
 489, 22 Pac. Sol.) 
 
 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 v. 
 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. 493, 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 tliousand 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 v. 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. (^Eseondido High Sdiool Dist. v. 
 Escondido Seniinaiy. 130 Cal. 128. 62 Pac. 401. » 
 
 See, also. .Alarsh v. Supervisors. Ill Cal. 368, 43 
 Pac. 975; People v. Superior Court, 100 Cal. 105. 34 
 Pac. 492: Conlln v. Supervisors, 114 Cal. 404, 46 Pac. 
 279; Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427; Ex 
 parte Jcutzscli. 112 Cal. 468, 44 Pac. 803. 
 
 Sec. 2G. The legislature shall have no power 
 to authorize lot.tx>rics or gift enterprises for any 
 purpose, and shall pass laws to prohil)it the sale 
 in this state of lottery or gift enterprise ticket.s,
 
 Article IV, Section 254. 
 
 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 
 X()vem])er4, 1902.)
 
 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 an}' 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 
 malcing the mere possession of a lottery ticket a mis- 
 demeanor is valid. (Collins v. Lean, 68 Cal. 284, 9 
 Pac. 173.) 
 
 SALE OF STOCK ON MARGIN.— This provision is 
 remedial, not penal. (Parl^er v. Otis, 130 Cal. 322, 
 62 Pac. 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, 38 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 gnaranty of cash 
 value, and an aareenient to take it back at the end 
 of two years, upon request, and to make the pay- 
 ments in cash. (Maurer v. 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 v, Otis, 130 Cal. 322, 62 Pac. 571.) 
 
 This provision is not to be confined to tlie particu- 
 lar person handinsr over the money. (Parker v. Otis, 
 130 Gal. 322, 62 JPac. 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 Gal. 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 v. Boot, 89 Cal. 373, 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 tliis section. (Parker v. 
 Otis, 130 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, t)r 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 approi)riation bill cannot create an oifice. (Lewis 
 V. Colgan, 115 Cal. 529, 47 Pac. 357.)
 
 Art. IV, §§ 30, 31 CONSTITUTION 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 sectarian 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- 
 vided, 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 coimty, 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,
 
 117 CONSTITUTION OF 1879. Art. IV, § 31 
 
 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 
 ^"ift or loan of the credit of the state. (People v. 
 Pacbeco, 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 mali;es a gift, unless its in- 
 validity appears upon its face or from facts of which 
 the court takes .iudicial notice. (Conlin v. Super- 
 visors, 99 Cal. 17, 33 Pac. 753; Stevenson v. Col- 
 gan, 91 Cal. G19, 27 Pac. 1089; Rankin v. Colgan, 
 92 Cal. 603, 28 Pac. 673; Bourn v. 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., includns 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
 
 Art. IV, § 31 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 etc. Co. v. Dunn, 83 Cal. 264, 23 Pac. 3G0.) 
 
 Under the former constitution the legislature might 
 authorize the payment of claims invalid in law, hut 
 equitable and just in themselves. (Blanding v. Burr, 
 13 Cal. 343; Creighton v. San Francisco, 42 Cal. 440.) 
 
 But a mere moral obligation will not make a trans- 
 action other than a gift. (Molineux v. California, 10& 
 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 Pac. 878.) 
 
 The legislature has no power to create a liability 
 against the state for any act of negligence on the 
 part of its officers. (Chapman v. State, 104 Cal. G90, 
 38 Pac. 457.) 
 
 A mere change in the remedy does not create a 
 liabilitv against the state. (Chapman v. State, 104 
 Cal. 690, 38 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. 250, 58 Pac. 4f32.) 
 
 A purchase of an unexpired lease of the Yosemite 
 and Wawona wagon road, made by the Yosemite 
 commissioners, is not a gift. (Yosemite Stige etc. 
 Co. V. Dunn, 83 Cal. 2G4. 23 Pac. 309.) 
 
 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. 378. 42 Pac. 34.) 
 
 An act creating an exempt firemen's relief fund, 
 and requiring municipalities to aid exenii)t firemen 
 who never rendered tliem any service, and thus creat- 
 ing a li;il)ility where none existed before, is in viola- 
 tion of tliis section. (Taylor v. Mott, 123 Cal. 407, 
 5G Pac. 250.)
 
 119 co.xsTiTUTioN OF 1879. Art. IV, § 32 
 
 As to whether a couti-act 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 Higains v. San Diego 
 Water Co., 118 Cal. 524, 546, 45 Pac. 824, 50 Pac. 
 670. 
 
 An net providing a bounty on coyote scalps does 
 not constitute a gift. (Incrjim v. Colgan, 106 Cal. 
 113. 38 Pac. 31."), 39 Pnc. 437.) 
 
 The mei'e fact that the city enjoyed the actual ad- 
 vantage of certain street improvements does not 
 create any moral obligation, and cannot support a 
 statute appropriating money for the same. (Conlin 
 V. Supervisors. 99 Cal. 17, 33 Pac. 753.) 
 
 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. Oolgan, 
 97 Cal. 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. 
 321, 28 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 puldic money. (Pennie v. 
 Reis, 80 Cal. 26G, 22 Pac. 176.) 
 
 An act directing the payment of the salary of an 
 officer of an irrigation district out of the funds of 
 the countv 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
 
 Art. lY, § 32 CONSTITUTION OF 1879. 120' 
 
 the pa}Tnent 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 inclndes an unconstitutional stat- 
 ute. (Miller v. Dunn, 72 Cal. 4G2. 14 Pac. 27.) 
 
 This section does not prevent the lo.cislature from 
 making an appropriation to pay a claim for work 
 done on behalf of tlie state, in pursuance of an act 
 of the lejxislature. which is judicially declared uncon- 
 stitutional after the performance of the work. (Miller 
 V. Dunn, 72 Cal. 4(12, 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. 200.) 
 
 The legislature has no power to make gifts to its 
 employees or to allow them extra compens.ation af- 
 ter service rendered. (Rol)insou v. Dunn, 77 Cal. 473, 
 19 Pac. 878.) 
 
 A contract by a board of suporvlsor.s, 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. 30,9, 7 Pac. 734.) 
 
 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, CA Cal. 104, 28 
 Pac. 232.) 
 
 An act providing for a police life and health In- 
 surance fund does not grant an extra coiiipeiisition 
 In viola I ion of this section. (Pcuuie 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 asainst the -state and divide 
 the commission with the district attorney is in vio- 
 lation of this section. (Power v. May, li4 Cal. 207, 
 46 Pac. 0.) 
 
 Altlious2:h 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 faivlv 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 
 V. 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— As to water and gas rates, see 
 note to section 1, article 14, and section 19, article 11 
 
 Sec. 34:. No bill making an appropriation of 
 money, except the general appropriation bill, 
 shall contain more than one item of appropria- 
 
 Constituticn—ll
 
 Art. IV, § 35 CONSTITUTION OF 1S79. 122 
 
 tion, and that for one single and certain purpose 
 to be therein expressed. 
 
 APPROPRIATIONS.— The fact that an act mak- 
 ing two or more distinct appropriations has but one 
 general purpose will not render it consistent with 
 this provision of the constitution. (Murray v. Colgan, 
 94 Cal. 435, 29 Pac. 871.) 
 
 An act mailing an appropriation for a bounty for 
 ramie fibre, and also an appropriation for the salary 
 of a state superintendent of ramie culture, is in vio- 
 lation of this section. (Murray v. Colgan, 94 Cal. 
 435, 29 Pac. 871.) 
 
 An act appropriating money for the purchase of a 
 site for a home for feeble-minded children, and for 
 the erection of buildings thereon, is not in violation 
 of this section. (People v. Dunn, 80 Cal. 211, 22 Pac. 
 140.) 
 
 See, also. People v. Counts, 89 Cal. 15, 19, 26 Pac. 
 612; State v. Sloan, 53 S. W. 47, 
 
 Sec. 35. Any person who seeks to influence 
 the vote of a member of the legislature by bribery, 
 promise of reward, intimidation, or any other 
 dishonest means, shall be guilty of lobbying, 
 which is hereby declared a felony; and it shall be 
 the duty of the legislature to provide, by law, for 
 the punishment of this crime. Any member of 
 the legislature, who shall be influenced in his 
 vote or action upon any matter pending before 
 the legislature by any reward, or promise of 
 future reward, sliiill be deemed guilty of a felony, 
 and upon conviction thereof, in addition to such 
 punishment as may be provided by law, shall be 
 disfranchised and forever disqualified from hold- 
 ing any office or public trust. Any person may
 
 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.)
 
 1'^ CONSTITUTION OF 1879. Art, IV, § 35 
 
 be compelled to testify in any lawful investigation 
 or judicial proceeding against any person who 
 may be charged with having committed the of- 
 fense of bribery or corrupt solicitation, or with 
 having been influenced in his vote or action, as 
 a member of the legislature, by reward, or prom- 
 ise of future reward, and shall not be permitted 
 to withhold his testimony npon the ground that 
 it may criminate himself or subject him to 
 public infamy; but such testimony shall not 
 afterward be used against him in any judicial 
 proceeding, except for perjury in giving such 
 testimony. 
 
 LOBBYING.— The term 'iobbying" signifies to ad- 
 dress or solicit members of a legislative body with 
 the purpose of influencing: their votes. (Colusa Co. v. 
 Welch, 122 Cal. 428, 55 Pac. 243.) 
 
 Services rendered by an attorney in endeavoring 
 to persuade the members of the legislature individu- 
 ally to act favorably upon a bill, In which no dis- 
 honest, secret, or imfair means were used, do not 
 constitute "lobbying" within the meaning of this sec- 
 tion. (Poltz V. Cogswell, 86 Cal. 542, 25 Pac. CO. Ap- 
 proved in Colusa Co. v. Welch, 122 Cal. 428, 55 Pac. 
 243.) 
 
 A contract to pay to secure, by means of per- 
 sonal solicitation, and by means of private inter- 
 views with moTnbers of the legislature, and by means 
 of lobbying, the defeat of a bill pending in the leg- 
 islature, is prohibited by this section. (Colusa Go. 
 v. Welch, 122 Cal, 428, 55 Pac. 243.)
 
 Art. V, § 1 CONSTITUTION OF 1879. 124 
 
 AETICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 § 1. Executive power vested in governor. 
 
 § 2. Election of governor and term of oflBce. 
 
 § 3. Eligibility and qualifications. 
 
 § 4. Returns of election— Counting votes. 
 
 § 5. Governor to be commander-in-chief of militia. 
 
 § 6. Executive business of. 
 
 § 7. To see tliat laws are executed. 
 
 § 8. To fill vacancies in office. 
 
 § 9. When to convene special sessions. 
 
 § 10. Messages to legislature. 
 
 § 11. When to adjourn legislature. 
 
 § 12. Disability to hold other offices. 
 
 § 13. Keeper of seal of state. 
 
 § 14. To sign and seal grants and commissions. 
 
 § 15. Lieutenant-governor— Election of, etc. 
 
 § IG. When powers of governor devolve on. 
 
 § 17. State oliicers— Election and terms of oflBce. 
 
 § 18. Secretary of state— Duties of. 
 
 § 19. Compensation of state oliicers. 
 
 § 20. 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 ministenal duty, af- 
 fecting a private riglit, 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 
 V. 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 3'oars 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. y, §§ 5-S 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 thia ' 
 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, vipon any 
 subject relating to the duties of their respective 
 offices. 
 
 Sec. 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 vacan- 
 cy by granting a commission, which shall ex- 
 pire at the end of the next session of the legis- 
 lature, or at the next election l)y the people. 
 
 APPOINTMENT OF OFFICERS.— After the Issu- 
 ance of tlie f'oniiiiissioii. tho .uovonior cannot revoke 
 tli(^ appointment. (I'eople v. Cazneau, 20 Cal. 503.) 
 
 Wliere an otlieor Is to be api)oin1etl by the governor 
 by and with the consent of the senate, and the rov- 
 ernor makes an appditilnient diu'inj; llie r(>cess of 
 the legisl.it ure, he cannut, before such appointee is
 
 127 CONSTITUTION OF 1879. Art V, § 8 
 
 rejected by the senate, appoint another person to 
 the oftice. (People v. Mizner, 7 Cal. 519.) 
 
 An appointment by the li'overnor only lasts till 
 the next election by the people. (Brool^s 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. IC.S, 
 45 Pac. lOGO.) 
 
 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 
 elocfion. (People v. Mott, 3 Cal. 502.) 
 
 This provision is to be read distributively, so that, 
 if the office is elective, the ap])ointee 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 V. 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- 
 cancies 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 v. 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. Cazueau, 20 Cal. 503; People v. Stratton, 
 28 Cal. 382.)
 
 Art. V, § 8 CONSTITUTION OF IS i 9. 12S 
 
 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 uec- 
 essaiy 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 
 office 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 disti-ict ,1ud.;e 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. Posborough. 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 
 vacancy in the office within the meaning of this sec- 
 tion. (People v. Edwards, 93 Cal. 153, 28 Pac. 831.) 
 
 Absence of a .iudge from the state does not create 
 a vacancy within the moaning of this section. (Peo- 
 ple V. Wells, 2 Cal. 198, 610. Anderson, J., dissenting.) 
 
 The legislature has no power to determine when 
 a vacancy exi.sts 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. AVhit- 
 man. 10 Cal. 38.1 
 
 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 shcrilT upon the hajipening of such an 
 event. (I'eople v. I'iioonix, 6 Cal. 92.) 
 
 As to whetlier 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. Y, § 8 
 
 Particular cases. — If the office of lieutenant- 
 governor becomes vacant during his term of office, 
 the governor may fill tlie vacancy for the full re- 
 mainder of the unexpired term. (People v. Budd, 
 114 Cal. IGS, 45 Pac. lOGO.) 
 
 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. 153, 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 fonsent 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. Audisou, 10 
 Cal. 1.) 
 
 When the legislature provides that in case of a 
 vacancy in a particular office a board shall fill it un- 
 til the next session of tlie h'^islature. tlie filling of
 
 Art. V, §§ 9-11 CONSTITUTION OF 1879. 130 
 
 the vacancy is provided for within the meaning of 
 this section, and no vacancy is caused by the failnre 
 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 withiu the 
 meaning of this section. (People v. Blauding, 03 Cal. 
 33.3.) 
 
 Neither is the proposing of constitutional amend- 
 ments. (People v. Curry, 130 Cal. 82. ()2 Pac. 516.) 
 
 The governor is the sole judge of the existence 
 of an extraordinary occasion for convening the legis- 
 lature. (Whitman v. AVilniingtou etc. li. li. Co., 2 
 Harr. (Del.) 514.) 
 
 Sec. 10. lie shall communicate by message to 
 tlie legislature, at every st'ssioii, tlu' eoiulition of 
 the state, and recommend such matters as he 
 shall deem ex])cdient. 
 
 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 tbink 
 proper; provided, it be not beyond Ihe time 
 fixed for the meeting of the next legislature.
 
 131 CONSTITUTION OF 1S79. Alt. 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 lieutenant-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 the same. He 
 shall be president of the senate, but shall only 
 have a casting vote therein. [Amendment adopted 
 November 8, 1898.] 
 
 [ORIGINAL SECTIOX.l 
 Sec. 15. A lieiitenant-ffovernor 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 coxsTiTUTiON OF 1879. 182 
 
 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 gov- 
 ernor, or his removal from oflBce, 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 lieutenant- 
 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 offiice of gov- 
 ernor shall be filled at such general election. 
 [Amendment adopted Xovcmber 8, 1898.]
 
 lo3 CONSTITUTION OF 1879. Art. V, §§ 1(J, IT 
 
 [ORIGINAL SECTION.] 
 Sec. 16. In case of the impeachment of the gov- 
 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. 17. 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 OFFICEIIS.— 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, 1.5 Cal. 58.) 
 
 The controller is a ministerial officer and has no 
 discretion as to the issuance of warrants for ap- 
 propriations. (McCauley v. Brool^s, IG 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, §§ IS, 19 CONSTITUTION OF 1S79. 134 
 
 to his salary as secretary of state. (?.Ielone v. State, 
 51 Cal. 540; 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. 3G4.) 
 
 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-governor, 
 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 s.ball not 
 be increased or diminished during the term for 
 which they shall have been elected, wliich 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 asscmbl}^, to be allowed only during 
 the session of the legislature; tlie secretary of 
 etate, controller, treasurer, attorney general, and 
 surveyor general, tlirec ilioiisand dollars each
 
 loo ' CONSTITUTION OF 3879. 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 
 0"i5cers, but in no case shall have the power to 
 increase the same above the sums hereby iixed 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. 
 
 TTNITED STATES SENATE.— This provision is in- 
 valid and not binding upon tlie United States senate. 
 Tlie qualification of members of that body beius? fixed 
 by the United States constitution, additional ones 
 cannot be required by the states. (Barney v. Mc- 
 Creery, 1 Cong. El. Cas. 167; Turney v. Marshall, 
 2 Cong. El. Cas. 1G7; Trumbull's Case, 2 Cong. El. 
 Cas. 618.)
 
 Art. "VI CONSTITUTION OF 1ST9. 136 
 
 AETICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 § 1. Judicial powers. 
 
 § 2. Supreme court, lio-w constituted. 
 
 § 3. Election of supreme justices. 
 
 § 4. Jurisdiction of supreme court. 
 
 § 5. Superior court, jurisdiction, 
 
 § 6. Superior court, how constituted. 
 
 § 7. Superior judges, apportionment of business. 
 
 § 8. Judge may bold court in other county— Judge 
 pro tempore. 
 
 § 9. Leave of absence— Limitation of time. 
 
 § 10. Justices and judges, how removed. 
 
 § 11. Justices of the peace, provision for. 
 
 § 12. Courts of record. 
 
 § 13. Jurisdiction of inferior courts to be fixed by 
 legislature. 
 
 § 14. Clerlvs of courts and court commissioners. 
 
 § 15. Judicial officers not to receive fees and per- 
 quisites. 
 
 § 10. Supreme court opinions to lie pul)lished. 
 
 § 17. Compensation of justices and judges. 
 
 § 18. Justices and judges ineligible to other offices. 
 
 § 19. Charges to juries. 
 
 § 20. Style of process. 
 
 § 21. Keporter of supreme court decisions. 
 
 § 22. Judges not to practice law. 
 
 § 23. Eligibility of justices and judges. 
 
 § 24. Condition precedent to draft of salary.
 
 137 coNSTiTUTio:^ OF 1879. Art. VI, § 1 
 
 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, superior courts, 
 justices of the peace, rnd -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 tbe time of its acquisition by the United Statps 
 and tbe establisbment of a state government are not 
 to be tested by the sti'ict rules of the civil Or common 
 law. (Ryder v. Colin, 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, 83 Cal. 111. 23 Fac. 1.) 
 
 The legislature cannot enjoin upon a private per- 
 son tbe duty of settling a bill of exceptions, nor require 
 a judge to continue to discharge judicial duties af- 
 ter bis 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 confeiTed upon a judge 
 as distinguished from the court. (In re Stevens, S3 
 Cal. 322,*^ 23 Pac. 379.) 
 
 A tribunal presided over by a police judge is a 
 court. (Boys' and Girls' Aid Soc. v. lleis, 71 Cal. 
 027, 12 Pac. 79G.) 
 
 The legislature cannot confer jurisdiction of special 
 cases upon a judge as distinguished from a court. 
 (Spencer etc. Co. v. Yallejo, 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 
 Cal. Ill, 23 Pac. 1.)
 
 Art. Vl, § 1 CONSTITUTION OF 1879. 138 
 
 Inferior courts.— A freebolders' charter is not a 
 law within the meaning of tliis section, and, there- 
 fore, an inferior court cannot be established by such 
 charter. (Feoplo v. Toal, 85 Cal. 333. 24 Pac. 003; 
 Miner v. Justice's Court. 121 Cal. 204, 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 infei'ior courts 
 within the limits of an incorpoi'ated city or town. 
 (Ex parte Stratman. 30 Cal. 517.) 
 
 The municipal criminal court of San Francisco is 
 an inferior coiu't within the meaning of this section. 
 (Ex parte Stratman, 39 Cal. 517; People v. Nylaud, 
 41 Cal. 129.) 
 
 The police court of San Francisco was not abol- 
 ished by the constitutional amendments in 18G2. 
 (Peoplev. Provines, 34 Cal. 520.) 
 
 The term "municipal courts" has a legal meaning 
 and includes mayors' and recorders' courts. (Uridias 
 V. :Morrill, 22 Cal. 473.) 
 
 The legislature may vest in inferior courts jurisdic- 
 tion of cases of which the courts established by the 
 constitution have jurisdiction. (Hickman v. 0'Xe:il. 
 10 Cal. 292; Scale v. Mitchell, 5 Cal. 401; Vas.sault 
 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 limit'^ of 
 the municipality. (Hickman v. O'Xeal, 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 Cov- 
 crnment Act, but derive their power from this sec- 
 tion and the act of 1893. (Kahn v. Sutro. 114 Cal. 
 310. 40 Pac. 87; In re Mitchell. 120 Cal. 384, 52 Pac. 
 799. r.ut see People v. Cobb, 21 Cal. Dec. 779.) 
 
 An act creating police courts in cities having fif- 
 teen thousand, and under eighleon thousand, inliabi- 
 tants. not being in conlormity with the general c!as- 
 silication of municipal corporations, is void. (Ex 
 parte Ciambonini, 117 Cal. 573, 49 Pac. 732.) 
 
 An act creating a justice's court for one particu- 
 lar namefl town, and fixing its jurisdiction, is not 
 authorized by this section. (Miner v. Justice's Court, 
 121 Cal. 204, 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 tlie city. 
 (Cliipman r. Bowman, 14 Cal 157; McCauley v. Ful- 
 ton, 44 Cal. 355.) 
 
 Sec. 3. 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 such 
 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 cither 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 ease 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 tbe legislature to increase the number 
 of justices of tbe supreme court. (People v. Wells, 
 2 Cal. 198, 610.) 
 
 In the absence of any provision on the subject, 
 all the judt^es 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 Pac. 134.) 
 
 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 ai'- 
 crument; 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. 134.) 
 
 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.) 
 
 Tbe constitution requires tlie concurrence of four 
 judges to pronounce a judgment, and a mere failure 
 to agree cannot have tlie 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. 2G, 25 Pac. 983.) 
 
 But where there is no probability of an immediate 
 ■change in the personnel of the court, the judgment 
 will be affirmed. (Fraukel v. Deidesheimer, 93 Cal.
 
 Art. VI, § 2 CONSTITUTION OF 1879. 142 
 
 73, 28 Pac. 794; Santa Rosa City R. R. Co. v. Rail- 
 way Co., 112 Cal. 436, 44 Pac. 733.) 
 
 Opinions.— The legislature cannot require the 
 supreme court to give in writing reasons for its de- 
 cisions. (Houston V. 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 Philbi-ook. 108 Cal. 14, 40 Pac. 1061: 
 Grangers' Bank v. San Francisco, 101 Cal. 198, .35 
 Pac. 642.) 
 
 There is only one supreme court, and tlie juris- 
 diction which is vested in it may be exercised either 
 in bank or in department. The court in banlc has 
 power to correct an error in or modify a .iudgment 
 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 witliin thirty days after tlie judg- 
 ment in department, if it does not reach tlie 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. Neal, 82 Cal. 595, 23 Pac. 133.) 
 
 The provision of this section as to the granting 
 of rehearings in bank after the decision by a de- 
 partnuMit 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, SI Cal. 408, 21 Pac. 970, 22 Pac. 742.) 
 
 The supreme court, in bank, has power to grant 
 rehearings by orders of the court entered upon its 
 minutes, without the written signatures of live 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 
 outer it in the minutes until after the ('Xi)iration of 
 tliirtv days from tlu; judgment in department, (Niles 
 v. Edwards, 95 Cal. 41, 30 Pac. 134.)
 
 143 CONSTITUTION OF IST'J. Art. VI, § 3 
 
 Remittitur.— The supreme court has no appellate 
 jurisdiction over its own judgments. (Leese v. Clark. 
 20 Cal. 387.) 
 
 Thei'efore, after the issuance of the remittitur, the 
 court loses .iurisdiction of the cause. (Blanc v. Bow- 
 man. 22 Cal. 23; Grogan v. Ruckle, 1 Cal. 193; Mateer 
 V. Brown, 1 Cal. 231; Davidson v. Dallas, 15 Cal. 
 75; Herrlich v. McDonald, S3 Cal. 505, 23 Pac. 710: 
 In re Levinson, IDS Cal. 450, 41 Pac. 483, 42 Pac. 
 479; Martin v. Wacjner, 124 Cal. 204, 56 Pac. 1023.* 
 
 After the remittitur has been duly and regulai-lr 
 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 Pac. 
 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, 23 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. 5G Pac. 1023.) 
 
 But the remittitur may be recalled if issued by 
 reason of fraud or imposition. (Trumpler v. Trump- 
 ler, 123 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
 
 A.rt. VI, § 4 CONSTITUTION OF 1879. 1-J4 
 
 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 antliorizing an appointment in such 
 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 nil such pro- 
 bate matters as may be provided hy l;i\v; also, in
 
 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 jiuisdiclion 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. 43; People v. Applegate, 5 Cal. 
 295; Fitzgerald v. Urton, 4 Cal. 235; Wilson v. Roach, 
 4 Cal. 362; Zander v. Coe, 5 Cal. 230; Haight v. Gay, 
 8 Cal. 297; People v. Peralta, 3 Cal. 379: Caulfield 
 V. Hudson, 3 Cal. 389. 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 etc. Co., 30 Cal. 573. Zander 
 V. Coe, 5 Cal. 230. distinguished.) 
 
 Where jurisdiction is given in all cases not other* 
 Avise 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.) 
 
 Supreme court. — The supreme court acquired its 
 .lurisdiction from the constitution, and such jurisdic- 
 ton can neither be enlarged nor abridged by tlie leg- 
 islature. (In re Jessup, 81 Cal. 40S, 21 Pnc. 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 Iving's bench in England. (Ex parte Attorney Gen- 
 eral, 1 Gal. 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 tecluiical grounds, 
 when there has been no violation or disregard of anv 
 express rules of procedure. (Estate of Nelson, Izi 
 Cal. 242, GO Pac. 772.) 
 
 The legislature cannot impair or take away the 
 appellate jurisdiction of the supreme court, but it 
 may prescribe the mode in whicli appeals may be 
 taken. (Haight v. Gay, 8 Cal. 297.) 
 
 It is the duty of the supreme court, whose juris- 
 diction is defined by tlie 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 
 etc. Co.. ]2(; Cal. 322, 58 Pac. 824.) 
 
 The sui)remo court cannot exercise appellate juris- 
 diction by means of a writ of proliil)itiou, without 
 any appeal, and in a case to Avhich its appellate 
 lurisdiction does not extend. (Powelson v. Lock- 
 wood, 82 Cal. 613, 28 Pac. 143.) 
 
 When the constitution gives the supreme court 
 Jurisdiction, and the legislature fails to prescribe the 
 means for taking the api)(>al, the sui)reme court has 
 iulierent power to establlsli any appropriate system 
 of procedure. (l*eo])le v. Jordan, 65 Cal. 644, 4 Pac. 
 6S:5. lUit see "Warner v. Hall. 1 Cal. 90; Warner V. 
 Kelly, 1 Cal. 91; Wi<ite v. Eighthall, 1 Cal. 347.) 
 
 If the legislature has not ijiovided a mode of ex- 
 ercising the jurisdiction conferred by the constilu-
 
 147 CONSTITUTION OF 1879. Art. VI, § 4 
 
 tion, a case may be bronsht np from an inferior 
 court to the supreme court by writ of error. (Ex 
 parte Thistleton, 52 Cal. 220; Adams v. 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. (Ex parte Harker, 49 
 Cal. 4f55.) 
 
 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, etc., is drawn 
 in question. (Oonant 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 
 V. Torrey, 20 Cal. 373; Votan v. Reese, 20 Cal. 89; 
 Bolton v. Landers, 27 Cal. 106; Henigan v. Ervin, 
 110 Cal. 37. 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. (Skillmau 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 
 V. Slingerland, 60 Cal. 653.)
 
 Art. VI, § 4 coxsTiTUTioN OF 1879. 148 
 
 In cases at law. when the demand in controversy, 
 exclusive of interest, is less tban 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; Hopkins v. Cheeseman, 
 2S Cal. 180.) 
 
 Tlie words "cases at law .... which involve .... 
 the les:ality 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 supnnne 
 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 v. 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 v. Reese. 
 34 Cal. 28, overruliufr Votan v. Reese. 20 Cal. 89; 
 Dashiell v. Slinserland. GO Cal. (>5;',; Lord v. Gold- 
 berg:. 81 Cal. 590, 22 Pac. 1120; Henigan v. Ervin. 
 110 Cal. 37, 42 Pac. 457.) 
 
 "Where tlie plaintiff, having a judgment of more 
 than the jurisdictional amount, sought to have a 
 judgment against hiui 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. (Craudall v. Rlen. 15 Cal. 400.) 
 
 I'he fact that an offset is pleaded by the defend- 
 ant which, togetlier witli the demand of the plain- 
 tiff", swells tlie am»nnit to more tli;in tlie jurisdic- 
 tional amount, does not give lli(> court jurisdiction. 
 (Simmons v. T'.rainaid, 14 Cal. 278.) 
 
 Tlie appellate jurisdiction of the supreme court ex- 
 tends to an ajipeal from a judgment of a superior 
 «-ourt dismissing a writ of certiorari, and allirniing a 
 judgUK'iit of a justices court, wliicli amounts to less
 
 149 CONSTITUTION OF 1879. Art. VI, §4 
 
 than tliroe limulred dollars. (Heinlen v. Phillips, 
 H8 Cal. r..'j7, 2(i Pac. 36G. Bieueufeld v. Fresno etc. 
 Co., 82 Cal. 42.5, 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 1200 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 waives due. (Edsall v. Short, 122 
 Cal. 533, 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 jil- 
 risdictiou on appeal. (Maxfield v. Johnson, 30 Cal. 
 &45.) 
 
 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. 423; 
 People V. Bingham, 82 Cal. 238, 22 Pac. 10.39.) 
 
 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 tliat subject on the 
 appeal. (Balcer v. Southern Cal. Ey. 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 etc. Co., 131 Cal. 215.) 
 
 The supreme court has jiu'isdiction 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, Go Cal. 381, 4 Pac. 
 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. YI, § 4 CONSTITUTION OF 1879. 150 
 
 On the trial of a criminal action for wrongfully 
 collectincc toll, the legality of the fine to be imposed 
 in case of a conviction is not involved. (People v. 
 Johnson, 30 Cal. 9S.) 
 
 Special cases.— The supreme court has jurisdiction 
 of an appeal from an order discharging an insolvent. 
 (Fisk V. His Creditors, 12 Cal. 281.) 
 
 An arbitration is a special proceeding. (Fairchild 
 V. Doten. 42 Cal. 12.5.) 
 
 A proceeding to condemn land for the use of a rail- 
 road company is a '"special case." (Stocliton etc. Co. 
 V. Galgiani, 49 Cal. 139.) 
 
 Special orders. — The supreme court has appellate 
 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. 334. Langan v. I.an- 
 gan, 83 Cal. 618, 23 Pac. 290. and Fairbanlis 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 u case ap- 
 pealed from the justice's court, is not appealable to 
 the supreme court, altliough the cost-bill anumnts 1o 
 over three hundred dollars. (Henigan v. Ervin, 110 
 Cal. 37, 42 Pac. 457.) 
 
 An order for twenty-flve dollars each month ali- 
 mony, being a continuing wder, may be reviewed 
 upon appeal. (Langan v. Langan, 86 Cal. 132, 24 Pac. 
 852. See Harron v. Harron, 123 Cal. 508, 56 Pac. 334.) 
 
 Criminal cases. — Tlie 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 bo- 
 comes a (lui'stion of law only when there is a clear 
 failure of proof. (Peoj)!!' v. Kuches, 120 Cal. 560, 
 52 Pac. 1002; People v. Smallman, 55 Cal. 185.) 
 
 The supreme ccturt lias appellate jurisdiction of all 
 misdemeanors prosecute<l by indictment or informa- 
 tion. (People V. .Tordaii, <i5 Cal. <!44. 4 Pac. <W3, pre- 
 scribing a method for taking such appeals.)
 
 151 CONSTITUTION OF 1879, Aft. 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. Vicli, 7 Cal. 1G5; 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 
 Cal. 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. (Estate of Wallverly, 94 Cal. 352, 29 Pac. 
 719; Estate of Ohm, 82 Cal. IGO, 22 Pac. 927; Estate 
 of Moore, 86 Cal. 58, 24 Pac. 810; 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. (Estate of Ohm, 82 Cal. 160, 22 Pac. 
 927.) I 
 
 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, G4 Cal. 206, 28 Pac. 234.)
 
 Art. YI, § 4 coxsTiTUTioN OF 1S79. 152 
 
 The snprpme court has jurisdiction of an appeal in 
 an action for divorce. (Couant v. Conant. 10 Cal. 
 249.) 
 
 Liens. — Under the former constitution, prior to the 
 amendments of 18G2. the supreme court had no juris- 
 diction of an action to foreclose a mortgage or me- 
 chanic's lien when the amount involved did not ex- 
 ceed two hundred dollars. (Poland v. 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 otlier writs necessary or proper to the com- 
 plete exercise of tlie appellate jurisdiction," has the 
 same meaning as the language in the former coiisii- 
 tution giving it power to "issue writs of mandamus, 
 certiorari, pi'ohibition, habeas corpus, and also all 
 writs necessar.v 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 proliibition 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. Mitcliell. 53 Cal. 2S9.) 
 
 The legislature cannot enlarge or extend the office 
 of the Avrits mentioned in this section. (Camron v. 
 Kenfield. 57 Cal. 5.10; Farmers' T'nion v. Thresher, 
 62 Cal. 407; Hobart v. Tlllson, (iC, Cal. 210, 5 I'ac S,",.) 
 
 In issuing writs of mandamus or other prerogative 
 writs, the supreme court and the several sui)erior 
 courts are i)e('rs -each having original jm-isdiction; 
 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, 02 Cal. 
 40.) 
 
 The supremp court will not entertain an applica- 
 tion for a writ of mandamus, or other prerogative 
 writ, wliere tlie jtclition shows no sullh-icnt r(»ason 
 why the application was not made to the superior
 
 153 CONSTITUTION OF 187'J. Art . \' I , § 4 
 
 court. (Monzies v. Board of Equalization, 62 Oal. 
 179.) 
 
 Tlie supreme court has appellate jurisdiction in 
 oases of mandamus. (Palache v. Hunt, G4 Cal. 473, 
 2 Pac. 245.) 
 
 Tlie supreme court has appellate jurisdiction in a 
 proceeding in the nature of a quo warranto. (Peo- 
 ple V. Perry. 79 Oal. 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 18(i2, the supreme court 
 obuld issue writs of certiorari, etc.. only in aid of its 
 appellate jurisdiction. (ISIiliken v. Huber, 21 Cal. 166; 
 Ex parte Attorney General, 1 Cal. 85.) 
 
 Under the amendment of 18(!2, the supreme court 
 had jurisdiction to issue writs of mandamus, etc., 
 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 
 certiorari 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 tlie Penal Code, for the reinov- 
 al of public officers. (In re Curtis, 108 Cal. ()61. 41 
 Pac. 793; Wheeler v. Donnell, 110 Cal. 655, 43 Pac. 
 1.) 
 
 The supreme court has appellate jurisdiction of an 
 appeal in a civil proceeding to remove an ofiicer. 
 (Morton v. Broderick. 118 Cal. 474, 50 Pac. 644.^
 
 A.rt. VI, § 5 CONSTITUTION OF 1879. 154 
 
 The supreme court has no original jurisdiction to 
 trv the title to an office. (People v. Harvey, G2 Cal. 
 508.) 
 
 The supreme court has appellate jurisdiction of an 
 election contest. (Lord v. Dunster, 79 Cal. 477, 21 
 Pac. 8G5.) 
 
 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 
 Gal. 65.) 
 
 See. 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 otiier 
 inferior courts in their respective counties as may 
 be prescribed by law. They shall be always open
 
 155 CONSTITUTION OF 187D. Art. VI. § 5 
 
 (legal liolidays 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, sliall 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 
 bo issued and served on legal holidays and non- 
 judicial days. 
 
 JURISDICTION" OF SUPERIOIl COURT — In 
 
 general. — The superior court ia a court of penernl 
 jurisdiction. (Bishop v. Superior Court. 87 Cal. 22G, 
 25 Pac. 435; Caiupe v. Lassen, 67 Cal. 130, 7 Pac. 
 430.) 
 
 Its jurisdiction is conferred bv the constitution. 
 and cannot be taicen away by the Ifcrislature. (Tulare 
 V. Hevren, 12G 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 
 T. Superior Court, 58 Cal. 88; Watt v. Wright, 60 Cal. 
 202. 5 Pac. 91.) 
 
 This section does not prohibit the leg-islature from 
 alloT^.inc: judicial business to be transacted on a lesnl 
 holiday or nonjudicial day. (People v. Soto, 65 Cal. 
 621, 4 Pac. 604.) 
 
 As to jurisdiction in general, scs note to last sec- 
 tion. 
 
 Cases at law. — The ad damnum clause of the cora- 
 plaiut determines tlie jurisdiction of the superior 
 court. (Dashiell v. Slingerlaud, 60 Cal. 653; Jackson
 
 Art. YI, § 5 CONSTITUTION OF 1879. 15G 
 
 V. Whartenby, 5 Cal. 94; Maxfield y. Johnson. 30 Cal. 
 545: Greeubaum v. Martinez, 86 Cal. 459. 25 Pac. 12; 
 Bailey v. Sloan, 65 Cal. 387, 4 Tac. 349: Derby v. 
 Stevens, 64 Cal. 287, 30 Pac. 820: Rodley v. Curry, 
 120 Cal. 541, 52 Pac. 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 v. 
 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- 
 r-laim, under subdivision 2 of section 438 of tlie Code 
 of Civil Procedure, for less than three hundred dol- 
 lars, where it is not pleaded as a defense, but merel.y 
 as a ground for atlirmative relief. (Griswold v. 
 Pieratt, 110 Cal. 259, 42 Pac. 820.) 
 
 A counterclaim for less than tliree hundred dollars 
 may be pleaded in an action in tlie superior court l).v 
 way of defense, but no atlirmative judgment can be 
 rendered thereon. (Freeman v. Seitz, 126 Cal. 291, 
 58 Pac. 690.) 
 
 An action for less than the constitutional amount 
 does not confer jurisdiction. (I'a.ge v. Ellis, 9 Cal. 
 248.) 
 
 P.ut where the amount sued for exceeds the juris- 
 dictional amount, the court has jurisdiction, althougli 
 the amount recovered is less than that sura. (Solo- 
 mon V. Reese, 34 Cal. 28; Pennybecker v. McDougal, 
 4S Cal. 160.) 
 
 Costs are to be excluded in determining tlie jurls- 
 diclional 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. \'I. § o 
 
 This rule applies to compound as well as to simple 
 interest. (Christian v. Superior Court, 122 Cal. 117, 
 54 Pac. 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 determininj? the jurisdictional 
 amount. (Reed v. Bernal, 40 Cal. 628.) 
 
 Also an attorney's fee provided for in a note. (De 
 Jarnatt v. Marquez, 1.32 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. 2fi 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. ((5 Cal. 387, 4 Pac. 349; Ventura County v. 
 Clay, 114 Cal. 242, 4G 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. VJC. 45 Pac. 2G1.) 
 
 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, 04 Cal. 287, 30 Pac. 820; 
 Hyman v. Coleman. 82 Cal. 0.50, 23 Pac. 02.) 
 
 The superior court has no jurisdiction of an action 
 upon separate and distinct promises of several de- 
 fendants, contained in one instrument, to pay vpspec- 
 tively sums less than three hundred dollars. (Thomas 
 v. 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 v. 
 Constitution — 14
 
 A-l't. VI, § 5 CONSTITUTION OF 1879. 158 
 
 Mier, 24 Cal. 61: Bell v. Crippen, 28 Cal. 327; People 
 V. Olvera, 43 Cal. 492.) 
 
 Cases in equity.— The legislature canuot take away 
 the equity .iurisdiction conferred by the constitution. 
 (Rosenberg v. Frank, 58 Cal. 387.) 
 
 But the constitutional grant of .iurisdiction 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 Pac. 353.) 
 
 Tlie 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 
 etc. Co. V. Pacific etc. Co., 123 Cal. G89, 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 equit.v. and the 
 superior court lias no jurisdiction of it. (Wright v. 
 Del Norte County, 115 Oal. 404, 47 Pac. 258.) 
 
 The same superior court has jurisdiction both in 
 equity aiid in matters of ])robate: and in an action in 
 ('(luity for an accounting against the executor of a 
 deceased administrator, it nniy administer full and 
 entire relief according to the principles of equity, and 
 also in accordance witli the statutes with reference to 
 matters of jirobate. (Pennie v. Roach, 94 Cal. 515, 29 
 Pac. 956.) 
 
 A court of equity has jurisdiction of an action to 
 recover property intent iouall.v and fraudulentl.v con- 
 cealed by a guardian from tlio court and tlie ward. 
 (Lataillade v. Orena, 91 Cal. 565, 27 Pac. 924.)
 
 159 CONSTITUTION OF 1870. 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 Avater rates is witliin the equita- 
 ble jurisdiction of the superior court. (Spring Val- 
 ley W. \Y. 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 Oal. 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 v. Superior Court, 54 Cal. 285; La Societe 
 Francaise v. District Court, 53 Cal. 495.) 
 
 In this state, the jurisdiction of courts of equity 
 over que.stions of title to real estate has no existence. 
 (Ritchie v. Borland, 6 Cal. 33.) 
 
 Under the general grant of jurisdiction in all cases 
 in equity, the court may issue writs of mandnmns, 
 certiorari, prohibition, and habeas corpus. (Perry v. 
 Ames, 26 Cal. 372.) 
 
 An action to abate a nuisance is a case in equity. 
 (People V. Moore, 29 Cal. 427; Oourtwright v. Bear 
 River etc. 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 v. Earl, 129 Cal. 148, 61 Pac. 914.)
 
 Art. YI, § 5 CONSTITUTION OF 1879. ICO 
 
 Gonceflins' that the superior court has juriiicliction 
 of an action to construe a will, it is not bound to 
 entertain sueli an action, and sliould not do so, ex- 
 cept in a case where there is some special reason for 
 seekins its interpretation. (Siddall v. Harrison, 73 
 Oal. r)GO, 15 Pac. 130.) 
 
 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 bv the probate court. (Clarke v. Perry, 5 Cal. 
 OS.) 
 
 Probate. — Prior to the organization of the state, 
 there was no such a thing as the probate of a will; 
 and the pi'ol)ate court has no jurisdiction to probate 
 u will executed prior to that time by the death of the 
 testator. iGrimes v. Norris, Cal. <>21; Coppinger v. 
 ]{ice. ;53 Cal. 40S; Castro v. Castro, (! Cal. laS.) 
 
 The courts of first instance, between the acquisi- 
 tion of California by the United States and the pas- 
 sage of tlie probate act, had jurisdiction in matters 
 of probate. (R.yder v. Cohn, 37 Cal. 09.) 
 
 The estates of deceased persons in this state, who 
 died prior to the passage of the Probate Act of 18.10. 
 and subsc(iuent to the organization of the state, can 
 be adn]inistered on in accordance with the probate 
 act. il'eople v. Senter, 28 Cal. 502.) 
 
 The probate court is a court of limited and in- 
 fei-ior jurisdiction. (Grimes v. Norris, B Cal. Ct21; 
 Chiikc V. Perry, 5 Cal. 58; Smith v. Andrews, G Cal. 
 (;r.2: Smith v. Wcsterfield, 88 Cal. 374, 20 Pac. 200.) 
 
 No distinct "court of i)robate" has been created 
 or recognized by the constitution. (In re Burton, 93 
 Cal. 4r.9, 29 Pac. 30.) 
 
 The superior court, when sitting as a court of 
 probate, h;is power to hear and «letermine all (lues- 
 I ions of law and fact, tlie determination of which 
 is ancillary to a proper judgment in such case. (lu 
 re P.nrton! 93 C'al. 4.V.>. 29 Pac. 3<>.) 
 
 The jurisdiction of tlie superior court over probate 
 matters is conferred I)y the const it lit ion, and it is 
 not a statutory triltunal when sitting in j)robate. 
 (lie.vdenfcldt v. Superior Court, 117 Cal. 348, 49 Pac. 
 210.)
 
 161 CONSTITUTION OF ISTIJ. Art. VI, § 5 
 
 The former constitution did not confer on tlie 
 probate court .inrisdiction 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 Oal. 121.) 
 
 Probate courts liave no jurisdiction to enforce a 
 trust l)y compellinj; an administrator to convey prop- 
 ertv bv him held in trust. (Haverstick v. Trudel, 51 
 Cai. 431.) 
 
 The probate court has no jurisdiction to compel an 
 attornev of an executrix to return a fee paid him by 
 her. (fomsky v. Superior Court. 131 Cal. G20.) 
 
 The probate courts have not exclusive jurisdiction 
 in cases of guardianship of minors. (Wilson v. 
 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. 3(i2.) 
 
 Neither the probate coTirt, nor the superior court, 
 when exercising probate jurisdiction, has power to 
 set aside a decree, of distrilnition on the ground of 
 fraud, after the time mentioned in section 473 of the 
 Oode 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 Avill are also 
 appointed trustees to control and manage the residue 
 of the estate and to distribute it among certain bene- 
 ficiaries, a court of equity has no jurisdiction of a 
 bill to enforce an accounting of the trust estate, 
 ix'uding 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 propertv asked to l)e set aside as a homestead. 
 (Estate of Kimberly. 07 Cal. 2S1. 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 liomestead, but has
 
 Art. VI. § 5 coxsTiTUTiox of 1879. 102 
 
 no jurisdiction to determine the title as between ad- 
 verse claimants. (Estate of Burton, 64 Cal. 428, 1 
 Pac. 702.) 
 
 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. 19G.) 
 
 The probate court has no jurisdiction to settle the 
 accoinits of a deceased guardian. (In re Allgier, 65 
 Cal. 228, 3 Pac. 849.) 
 
 The probate court has no jurisdiction to determine 
 whetlier 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 Gal. 232, 31 
 Pac. S93.) 
 
 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 coiu-t has jurisdiction to 
 compel the executor to pay the moi'tgage debt from 
 the assets of the estate. (In re Ileydenfeldt, 106 Cal. 
 434. 39 Pac. 788.) 
 
 The probate court has inherent power to order the 
 distri!)utee to retiu'n to the executors the property 
 distri'iuled. when the decree of distribution is re- 
 versed upon appeal. (ITeydenfeldt v. Superior Court, 
 117 Cal. 348, 40 Pac. 210.) 
 
 Under the former constitution it was held that 
 tlie jurisdiction of the probate court over testa- 
 mentary and probate matters was not exclusive. The 
 district court miglit talve jurisdiction of tlie settle- 
 ment of an estate when tlicre were peculiar circum- 
 stances of embarrassment, and when the assuming 
 j>Hisdlctlon would i)revent waste, delay, and expense. 
 Mild thus ronclude, by one action and decree, a pro- 
 tr.Mcted litigation. (lieck v. Cerke, 12 Cal. 4.3.3.) 
 
 'I'he jtrubate court h,is exclusive jurisdiction of the 
 following matters: Matters relating to the proof of 
 wills (Castro v. KiclKirdson, IS Cal. 47S); probate 
 of wills, granting of letters, allowance of claims.
 
 103 CONSTITUTION OF 1879, Art. VI, § 5 
 
 settlement of accounts (In re Eowen, 34 Cal. 682); to 
 adjust and enforce a claim for expenses of adminis- 
 tration (Gurnee v. Maloney, 38 Cal. 85); to compel 
 an executor to account, and to distribute the estate 
 (Au,2:uisola V. Arnaz, 51 Cal. 435); to construe a will 
 (Toland v. Earl, 120 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 Puc. 431). 
 
 The superior court, wlien sittinjr 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 sittin.c: 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 
 account, althoufrh she neg;lected to account for the 
 same. (Washington v. Black, S3 Cal. 290, 23 Pac. 300.) 
 
 A court of equity has no power to establish a will, 
 even though the Avill 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. 32 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 Tje done by the 
 superior court sitting as a court of proliate. (Rich- 
 ards V. Wetmore, 66 Cal. 365, 5 Pac. 620.) 
 
 ITnder the former constitution, the district courts 
 had power to decide issues of fact joinM 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. (Declc v. Gerke, 6 Cal. 666.)
 
 Art. VI, § 5 coxsTiTUTioN OF 1S79. 1G4 
 
 Since the amendment in 1S62. 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 Bot bo\ind by a decision by the 
 district court as to a fact certified to that court for 
 decision. (Pond v. Pond, 10 Gal. 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. 432.) 
 
 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 powrr 
 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. (504; 
 Seattle Coal etc. Co. v. Thomas, 57 Cal. 197; Roede- 
 feld V. Keed, 55 Cal. 299.) 
 
 Since the new constitution proceedings in insol- 
 vencv are no longer special cases. (People v. Eos- 
 boroiigh, 29 Cal. 415.) 
 
 The mere fact tliat jurisdiction in cases of insol- 
 vency i.s vested in tlic couri (hx's not iirovent the 
 iegisIatiM'o from autlKirizing the judge to make an 
 order in clL-iniltcrs (lirt'ctiiig the ch-rk to give no- 
 tice to creditors. (Flint v. Wilson. 3(i Cal. 24.) 
 
 Tax. etc.— The term "assessment" as used in tl)is 
 section does not include assessm(>nts made by a i»ri- 
 vate ('Oii)ora!i(in ujion its stockholders, l)ut refers 
 to such assessments as are authorized in relation 
 to revenue and taxation, and sucli as may be made 
 under the authority of a municipal or other corpo- 
 ral if)n to meet the cost of a public improvement. 
 (.\rroyo Ditch etc. Co. v. Superior Court, 92 Cal. 
 47, 2S I'iic. .51. J
 
 1G5 CONSTITUTION OF 1870. Art. VI, § 5 
 
 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 Fac. 80.) 
 
 An action acainst 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. 800.) 
 
 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 
 l)usiness 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 haa 
 jurisdiction in such special cases as the legislature 
 should determine. (Matter of Marks. 45 Cnl. ,199.) 
 
 A grant of jurisdiction in such special cases as the 
 legislature may prescribe does not confer exclusive 
 jurisdiction in special cnses. (O'Callaghan v. Booth, 6 
 Oal. 03; Harper v. Freelon. 6 Cal. 76.) 
 
 As to whetlier 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. 
 48: People v. Day, 15 Cal. 91; People v. Kern Co., 
 45 Cal. 679.) 
 
 An action to prevent or a1)ate a nuisance is not 
 a special case. (Parsons v. Tuolumne Co. Water Co., 
 5 Cal. 43. t 
 
 Writs of mandate are not special cases. (People 
 V. Kern Co., 45 Cal. 679.)
 
 Art. VI, § 5 co^^sTITUTION or 1879. • 166 
 
 The incorporation of towns is not a sprcial case. 
 (People V. Nevada, 6 Cal. 143.) 
 
 The following matters are special cases within the 
 meaning of the constitntion: Cases of insolvency 
 (Harper v. Freelon, Cal. 76): election contests (Dor- 
 sey V. Barrj% 24 Cal. 449; Saunders v. Ilaynes. 13 
 Cal. 145); the examination of claims for public lands 
 (RiclvS V. Reed, 19 Cal. 551); proceedings to enforce 
 mechanics' liens (McXiel v. Borland, 23 Cal. 144, 
 distinguishing Brock v. Bruce, 5 Cal. 279); proceed- 
 ings for the condenmation of water (Spencer Creek 
 Water Co. v. Vallejo, 48 Cal. 70); proceedings un- 
 der sections 312 and 315 of the Civil Code (Wicker- 
 sham V. Brittan, 93 Cal. 34, 28 Pac. 792, 29 Pac. 51); 
 proceedings to condemn land (Bishop v. Superior 
 Court, 87 Cal. 226, 25 Pac. 435). 
 
 Heal 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. (Tlolman v. Tay- 
 lor, 31 Cal. 338; Copertini v. Oppermann, 76 Cal. 181, 
 18 Pac. 256.) 
 
 When the title to real property is involved, the 
 amount sued for is not material in detcnr.ining the 
 jurisdiction. (Cullen v. Langridge, 17 Cal. 67; Hol- 
 man v. Taylor, 31 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. Oummings, 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 v. Taylor, 31 Cal. 338.) 
 
 An action bronglit in a justice's court against a 
 railroad company l)y an owner of adjoining laud, to 
 recover for the Icilling of a colt alleged to have 
 strayed upon tlio trade by reason of tlie iiisufiicjency 
 of a division fence, necessarily involves tlie title to 
 such land, although llic answer raises no issue as to 
 such owncrsliip. (P.oyd v. Southern Oal. Ry. Co., 126 
 Cal. 571. 58 Pac. 1046.)
 
 167 CONSTITUTION OF 1S79. 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. 
 Pixloy, 10.3 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 tlie 
 title to real estate, and the plaintiff afterward amends 
 his complaint and aslis for damages to certain lands, 
 tlie 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. 
 11, 27 Pac. 941.) 
 
 Place of trial.— The proviso in this section is man- 
 datory. (Fresno Nat. Bank v. Superior Court, S3 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 connty. (Urton v. Woolsey, 87 Cal. 38, 25 
 Pac. 154.) 
 
 Tliis 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 Bi'eton v. Superior Court, 66 Cal. 
 27, 4 Pac. 777.) 
 
 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. 
 393, 29 Pac. 867.)
 
 Art. VI, § 5 CONSTITUTION OF 1879. 168 
 
 The creatinjsr of a new county does not affect an 
 action pending in the superior court affecting real 
 property in such new county. (Tolman v. Smith, 85 
 Cal. 280, 24 Pac. 743.) 
 
 This section does not provide tliat the actions re- 
 ferred to must be tried, but simply tliat they must 
 be commenced in the county in Avhieli tlie land is 
 situated. (Hancock v. Burton, Gl Cal. 70.) 
 
 Writs.— The legislature has no power to enlarge 
 the office of the writs mentioned in this section. 
 (Camron v. Kenfield, ."7 Cal. 550; Farmers" Union 
 V. Thresher, 62 Cal. 4€7.) 
 
 The superior court may issue a writ of mandamus 
 to run out of the coiuity, or to be executed out of 
 the county in which the court is held. (Kings County 
 V. Jolmson, 104 Cal. 108. 37 Pac. 870.) 
 
 If the provisions of this section reviving the writ 
 of quo warranto repealed by implication the pro- 
 visions of tlie code for an action against persons who 
 usurp offices or franchises, it made little difference. 
 as the i)ower under a writ of quo warranto is quite 
 as broad as under the statute. (People v. Dashawav 
 Assn., 84 Cal. 114, 24 Pac. 277.) 
 
 The county court had no jurisdiction to issue the 
 writ of certiorari, except in aid of its ai)pellate ju- 
 risdiction. (Wilcox V. Oakland, 49 Cal. 29.) 
 
 Crimiiial cases. — The superior court has jiu'isdic- 
 tion of an offense punishable by inqu'lsonment and 
 tine, M'hich may exceed one thousand dollars. (E.x 
 parte Neustadt. 82 ( al. 273. 23 I'ar. 124. » 
 
 AVhere the legislature confers upon police courts 
 jurisdiction of certain misdemeanors, such jurisdic- 
 tion is exclusive, and tlic superior court has no 
 jui'isdiction of such misdemeanors. ((Jreen v. Su- 
 perior Coint. 78 Cal. ri5(i, 21 Pac. 307. 541; People v. 
 •foseivn, SO Cal. 544, 22 I'ac. 217; I'eople v. Lawrence, 
 82 Cal. 182. 22 Pac. 1120; Ex parte Wallingford, 00 
 Cal. 103; (Jafford v. Push. CO Cal. 149.) 
 
 If a defendant is charged Avith a felony of which 
 the superior court lias jurisdiction, he may be con- 
 victed of a lesser offense involved iu sucli felony, al- 
 though such lesser olTense is not one of which the 
 sui)er!()r court is given jurisdiction. (Ex parte Dona- 
 hue, 05 Cal. 474.)
 
 169 CONSTITUTION OF 1879. Art. VI, § .' 
 
 A newly created oounty has jurisdiction of a de- 
 fendant charged Avith 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 ieopardy has attached. (Peo- 
 ple V. Stokes, 103 Cal. 193, 37 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 V. Torrance, 119 Cal. 437, 51 Pac. 02(1.) 
 
 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. 
 (tJross 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 
 Court, 94 Cal. 354, 29 Pac. 716.) 
 
 Although the county court w^as authorized to try 
 cases on appeal de novo, such a trial was not an ex- 
 ercise of original jurisdiction. (Townsend v. Brooks, 
 5 Cal. 52.) 
 
 Constitution— 15
 
 Art. yi, § 6 CONSTITUTION OF 1879. 170 
 
 Where a case is appealed to tlie 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 Pac. lOG. 
 Eut see Ballerino v. Bigelow, 00 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. Siuliwitz, 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. 120. 
 
 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 tlie terms of 
 tlio lease. (CaulQeld 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 docs not trench upon the jurisdiction of the 
 district courts. (Thompson v. Williams, G Cal. 88.) 
 
 An act pi'oviding for the conlirmation of the or- 
 ganization and bonds of irrigation districts is not 
 un('oi)stituti()n;il because it authorizes the court to 
 determine the rights of the parties in advance of any 
 contrDversy as to such rights. (Cullen v. (Jlendora 
 etc. Co., 113 Cal. .^(I3, 39 Pac. 709, 45 I'ac. 822, 1047.) 
 
 Sec. 6. There shall be in each of the organized 
 counties, or cities and counties of the state, a 
 superior court, for cnoh of whicli at least one 
 judge sliall be elt>cted by the qualified electors of
 
 171 CONSTITUTION OF 1871). Art. VI, § G 
 
 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. YI, § 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 tlie 
 judge so elected shall hold office for the remain- 
 der of the unexpired term. 
 
 SUPERIOR JUDGES.- There is only one superior 
 foiut ill the city and county of San Francisco. 
 (Brown v. Campljoll. 110 Cal. G44. 4.". Pac. 000.) 
 
 There is no probate court of tlie city and county 
 of San Francisco, and there is no law authorizing the 
 dosif^nation of any one dei)artinent of said court for 
 l)roIjate jurisdiction; but each of the twelve jndses 
 has jurisdiction in probate matters. (In re Pearsons, 
 lia Cal. 577. 45 Pac. 849.) 
 
 The le^rislature may fix the commencement of the 
 term of a county judp:e as well as the time of elec- 
 tion, but cannot lix the term. (I'oople v. Kosborougli, 
 14 ("al. iso.t 
 
 Tliouuh by the terms of this section the term of 
 office of the superior jud^'cs apjx'ars to be exclusive 
 of the first Monday in .Tannary after their election, 
 yet this ))rovision is controlled by section 20, article 
 20, making' the terms of all olHcers elected under 
 the constitution commence on the first Monday af-
 
 173 CONSTITUTION OF 1ST9. Art. VI, § 7 
 
 ter the first day of January next following their elec- 
 tion. (Merced Bank v. Rosenthal, 99 Cal. 39, 31 Pac. 
 849, 33 Pac. 732.) 
 
 A judge elected under an act creating an addi- 
 tional judge holds for six years. (People v. Water- 
 man, 8G Cal. 27, 24 Pac. 807.) 
 
 Under this section the commencement of the first 
 regular full term of every newly created supei-ior 
 judgeship commences on the first Monday in January 
 Lfirst Monday after the first day of January] after 
 the next ensuing general election, and the legislature 
 has no power 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. 1 
 
 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. Burba nk, 12 
 Cal. 378.) 
 
 A person elected judge of the district court is en- 
 titled to hold lor six years, and it is not necessary 
 tliat all district judges should be elected, or that 
 tlieir terms should expire, at the same time. (People 
 v. Weller, 11 Cal. 77.) 
 
 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- 
 cancy 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 v. Col- 
 gan, 117 Cal. G85, 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. YI, §§ 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. 
 
 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. — Wliere a jud.yo of one conntj' acts in an- 
 othei". it must be presumed tliat he was properly re- 
 (luested to do so. (In re Corralitos etc. Co., 130 C'al. 
 r)70, (>2 rac. 107G.) 
 
 Under the constitution of 1849 it w;is held th.at 
 the legislature might authorize a judge of one dis- 
 trict to sit and act in anotlier district, although no 
 express provision was made in the constitution on 
 the sul)jcct. (I'eople v. Mc-Cauley, 1 Cal. 379.) 
 
 A statute autliorizing a county judge of one county 
 to hold court for the county judge of another county 
 is valid. (I'eople v. Mellon, 40 Cal. (548.) 
 
 Sec. 9. The legislature shall have no power to 
 grant leave of absence lo any judicial officer; 
 and any such olTicor who shall absent himself 
 from tlic state for more ihtm sixty consecutive 
 days shall be deemed to liave forfeited his office.
 
 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 coiu't cannot be created by a freeholders' char- 
 ter. (People V. Toal, 85 Cal. 333, 24 Pac. 603; Peo- 
 ple v. Sands, 102 Cal. 12, 36 Pac. 404; Milner v. 
 Reibensteln, 85 Cal. 593, 24 Pac. 935; Ex parte Reilly, 
 85 Cal. 632, 24 Pae. 807; Ex parte Giamboninl, 117 
 Cal. 573, 49 Pac. 732.) 
 
 The laws relating to this portion of the judicial 
 system need not be uniform tliroushout the state, 
 (kahn V. Sutro, 114 Cal. 316. 46 Pac. 87.) 
 
 The justice's court of Berkeley was not superseded 
 by the constitution. (Ex parte Armstrong, 84 Cal. 
 655. 24 Pac. 598.) 
 
 The provision of the County novernment 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 ofbcer.s and must 
 be elected at the general election. (MctJrew v. Mayor 
 etc. of San .lose. .55 Cal. 611.) 
 
 .Justices of the peace are neither city nor county 
 ofhcers, but form ]):irt of the judicial system of the 
 Btate. (I'eople v. Col)]). 21 Cal. Dec. 779; Kalm v. 
 Sutro, 114 Cal. 316. 46 Pac. 87.) 
 
 Jurisdiction.- A justice's court is a court of Hm- 
 ited and inferior Juiisdictioii, and its jurisdiction 
 must be shown aflirniatively by a i)arty relying upon 
 or claiming any riglit or title under its judgments.
 
 177 CONSTITUTION OP 1879. Art. VI, § 11 
 
 (Eltzroth V. Ryan, 89 Cal. 135. 26 Pac. 047: Jones v. 
 Justice's Court, 97 Cal. 52.3, 32 Pac. 575; Keybers v. 
 MoComber, G7 Cal. 395, 7 Pac. 838.) 
 
 There can be no concurrent jurisdiction of any 
 special proceedins? 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 v. Coe, 5 Cal. 230; Small 
 V. 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 
 Oal. 85.) 
 
 Where the justice of the peace has no jurisdiction, 
 the judgment sliould 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 v. Bigelow, 
 90 Cal. 500. But see De Jarnatt v. Marquez. 3.32 
 Cal. 700; Hart v. Carnall-Hopkins Co., 103 Cal. 132, 
 37 Pac. 19G.) 
 
 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 talceu to the superior 
 court on questions of law and fact, the superior 
 oourt acquires jurisdiction— not appellate, but origi- 
 nal. (Santa Barbara v. Eldred, 95 Cal. 378, 30 Pac. 
 5G2.) 
 
 Cases at law.— A justice's court has no jurisdiction 
 of an action upon a promissory note, where the 
 amouut 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 nolliing 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 etc. 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 consolidated. (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 jjistice of juris- 
 diction, if the value of the property is'less than three 
 hundred dollars. (Astell v. Phillippi, 55 Cal. 2G5; 
 Wratten v. Wilson, 22 Cal. 4G5.) 
 
 A justice's court has no jurisdiction of an action 
 for the recovery of projierty alleged to exceed three 
 hundred dollars in value, altliough the complaint 
 prays judgment for a less sum in case possession can- 
 not be had. (Shealor v. Superior Court, 70 Cal. 5(i4, 
 11 Pac. 053.) 
 
 A justice's court has no jurisdiction of a counter- 
 claim exceeding the jurisdictional amount. (Malson 
 V. Vaughn, 23 Cal. 01; Maxfield v. Johnson, 30 Cal. 
 ^45.) 
 
 The justice's court has jurisdiction of an action 
 for the recovery of property of tlie 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 proj)- 
 orty and the demand are less llian three hundred 
 dollars. (Sanborn v. Supei'ior Court, GO Cal. 42.5.) 
 
 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; Rrummagini v. Spencer. 29 Cal. 
 GOl; Mecham v. McKay, .•{7 Cal. 1.54; Norblett v. 
 Farwell. 38 Cal. 155; Stoppclkamp v. Mangeot, 42 
 Cal. 310.) 
 
 The actual rental value, and not the value alleged 
 in tlic coiiiplaint. is the (est of .finisdiction. (Ballerlno 
 v. IJigelow, 90 Cal. 500, 27 I'ac. 372.J
 
 179 CONSTITUTION OF 1879. Art. VI, § 11 
 
 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 v. Ilyan, 130 Cal. 96, G2 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 actuallv occurred during the trial. (Hart v. 
 Carnall-IIopkins Co.. 103 Cal. 132, 37 Tac. 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 v. Carnall-Hopkins Co., 103 
 Cal. 132, 37 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-IIopkins 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. (Poherty v. Thayer, 31 Cal. 140.) 
 
 An action for trespass on real property is within 
 the jurisdiclion 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. — An 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. (Keed v. Omnibus R. 
 R. Co., 33 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 fof 
 taxes, an answer is filed which puts in issue tlie 
 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, 
 53 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 misdiPmeanors 
 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 legishiture shall 
 prescribe, shall be courts of record. 
 
 Sec. 13. The legislature sliall 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 freeholder.s' charter. (People v. Ton I, 
 85 Cal. 333, 24 Pac. (503; Ex parte Keillv. 85 Cal. 
 032, 24 Pac. 807; I'eople v. Sands, 102 Cal. 12. 36 
 Pac. 404; Milnor v. Kcibenstein. 85 Cal. 5!):'.. 24 Pac. 
 935; Ex parte (Jiambonini, 117 Cal. 573, 49 I'ac. 732.1 
 
 The municipal supcwior court of San Francisco had 
 no authority to issue writs of quo warranto, it being 
 !in inferior court, and the jurisdiction not being ex-
 
 181 CONSTITUTION OF 1879. Art. yi, §§ 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. 024, 26 Pac. 5:i0. 
 
 The legislature may create a recorder's court with 
 a dual jurisdiction— beins 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 officio 
 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 ihe 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 CONSTITUTION of 1879. 182 
 
 invested with the duties assigned by the law to those 
 officers, and include a recorder of a city. {Curtis v. 
 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. 
 
 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 throe 
 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-
 
 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 .iiulges from the necessity of 
 an appropriation for tlieir salaries by the legislature. 
 (Myers v. 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. 508, 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 tliat 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; Teople v. Titherington, 
 59 Cal. 598; People v. Ah Sing, 59 Cal. 400); an iiistruc- 
 tion that the recent possession of stolen goods raises 
 a presumption that the possessor is the thief (People v. 
 (Jutierrez. 74 Cal. 81. 15 Pac. 444; People v. Mitchell, 
 55 Cal. 23Gi; an instruction that the flight of the de- 
 fendant is strong pri'sumptive evidence of his guilt 
 (People V. Wong Ali 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. Ill; People v. O'Brien, 130 
 Cal. 1, 62 Pac. 297); an instruction that "it may be 
 impossible to show or estal)lish 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. Yereneseneckockocklioff. 129 Cal. 497, 58 
 Pac. 156, 62 Pac. Ill; People v. Botkin, 132 Cal. 231); 
 an instruction that certain facts are propi'r to be tak- 
 en into consideration l)y the jury, as throwinsr doubt 
 upon a certain controverted fact (People v. I.,ee, 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 thetn tliat it 
 was accomplislu'd, and that in tlie opinion of the 
 judge upon the evidence there could be no conviction 
 of an attempt (People v. Baldwin, 117 Cal. 244, 4!) 
 Pac. 186); an Instruction that if the prosecutrix com- 
 mitted ICAvd and immodest acts, she was not of 
 chaste character (People v. Samonset, 97 Cal. 448, 32 
 Pac. 520); an instruction thnt tlie testimony of an 
 accomplice ouglit to be viewed with distrust, and the 
 evidence of tlie oral admissions of ;i i):iity with cau- 
 tion (Peoido v. O'Brien, 96 Cal. 171. i'.l Pac. 45); an 
 instruction tli.it. if tlie testimony is believed, it would 
 undoubtedly iii.iUe out a case of murder in the first 
 degree, ami tli;it it tended to show tliat the murder 
 was willful (People v. Clunv Sing Wing. 88 C.il. 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 condict as to the facts testilied to by such witness 
 (People V. Murray, 86 Cal. :U. 24 Pac. S(»2); 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 v. Skinner, 
 77 Cal. 239, 19 Pac. 424); an instruction that unless 
 tlie duni had gates sufficient for certain named pur- 
 poses, it was insufficiently and negligently con- 
 structed (Weiderkind v. Tuolumne County Water Co., 
 Go Cai. 431, 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. 2.33, 40 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 Avas evi- 
 dence tending to show that the watch yvim taken near 
 the door, and that the defendant testified that he 
 picked it up near the counter (People v. Perry, 65 
 Cal. 5(k8, 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. 70(;); an instruction that the 
 juiy might consider the relation of the defendant to 
 the case in considering his testimony, the conse- 
 quences to him resulting from the verdict, etc. (Peo- 
 ple V. O'Brien, 9(! Cal. 171, 31 Pac. 45); an instruction 
 that a ratitication may be found from an unreason- 
 able delay to object (Hill v. Fiuigan, 77 Cal. 207, 19 
 Pac. 494). 
 
 Sec. 20. The style of all process shnll 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, 103 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 coxstitution 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 goinc to the jurisdiction. (Brewster v. Ludekins, 
 19 Cal. 102.) 
 
 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. llelm, 
 59 Cal. 188.) 
 
 Sec. 21. The justices shall appoint a reporter 
 of the decisions of the supreme court, who shall 
 hold his offioe 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 tho reporter is pro- 
 hibitory, and forbids a salary greater than two thou- 
 sand five hundred dollars. (Smith v. Kentield, 57 
 Cal. 138.) 
 
 Sec. 22. Xo judge of a court of record shall 
 practice law in any court of this state during his 
 continuance in office. 
 
 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.
 
 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, he 
 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 worlj a forfeiture of the salary 
 of the judge. (Meyers v. Kenfield, 62 Cal. 512.)
 
 Art. YII, § 1 CONSTITUTION OF 1879. iS8 
 
 ■ 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 impeachmont, ujion such con- 
 ditions, and with such restrictions and limitations, 
 as he ma}' think proper, sul)ject to such regula- 
 tions as may be provided hy law relative to the 
 manner of applying for pardons. Upon convic- 
 tion for treason, the governor shall have power 
 to suspend the execution of the sentence nntil 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 ])ardon 
 granted, staling the name of Ihe convict, the 
 crime of which lie was convicted, the sentence, its 
 date, the date of the pardon or reprieve, and 
 the reasons for granting the same. Neither tlie 
 governor nor the legislature shall Itave 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 ;is tliat exercised by the representatives of 
 the Englisli crown in this country in colonial times. 
 (People V. Bowen. 43 Cal. 439.) 
 
 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. 
 (Blanc V. Kodgers, 49 Cal. 15.) 
 
 A i)ardon removes the disability to testify, and all 
 •disabilities which follow the conviction. (People v. 
 Bowen, 43 Cal. 439.) 
 
 An offender may l)e pardoned after he has suffered 
 the punishment adjudged for his crime. (People v. 
 Bowen, 43 Cal. 439.) 
 
 An executive act restoring a convicted criminal to 
 the riglit of citizenship is not a pardon and does not 
 remove the legal infamy and disability. (People v. 
 Bowen, 43 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 v. Wright, 
 22 Cal. 293, 323.) 
 
 The governor may pardon as well before as after 
 trial. (Ilatztield v.* Gulden, 7 Watts, 152; York Co. 
 V. Dalhousie, 45 Pa. St. 372; Commonwealth v. Hilch- 
 man, 40 Pa. St. 357.) 
 
 The pardon may be conditional as well as absolute. 
 (Howell's Case, s'Watts & S. 197; People v. Potter, 1 
 Park. C. C. 47: Ex parte Wells, IS How. 314.) 
 
 If a pardon be obtained by fraud it may be re- 
 volved 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. 
 037.) 
 
 Delivery is essential to give effect to a pardon. 
 (Matter of De Puv. 3 Ben. 320; Commonwealth v. 
 Halloway, 41 Pa. St. 210.)
 
 Art. VIII, § 1 CONSTITUTION OF 1879. 190 
 
 AETICLE 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 Avas held unconstitutional. (Green v. State, 
 15 Loa, 708.) 
 
 Tlio mere refusal, by Inoumbents of offices, to sur- 
 render tliem is not an insurrection, and will not jus- 
 tify employment of the militia. (In re Fire etc. 
 Oommrs., 19 Colo. 503.)
 
 191 CONSTiTUTioisr 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 
 
 AKTICLE IX. 
 
 EDUCATION. 
 
 § 1. Promotion of intellectual improvement. 
 
 § 2. Superintendent of public instruction. 
 
 § 3. County superintendents of schools. 
 
 § 4. School funds, source and origin, and how ap- 
 propriated. 
 
 § 5. System of common schools to be provided. 
 
 {5 6. School system, what to Include. 
 
 § 7. Text-books, who to adopt— Local Ijoards of ed- 
 ucation. 
 
 § 8. Sectarianism prohibited. 
 
 § 9. University fund, creation, management, and 
 application of. 
 
 § 10. Leland Stanford Juriior University. 
 
 § 11. The California School of Mechanical Arts. 
 
 Section 1. A general diiTusion of knowledge 
 and intolliironce being essential to the preservation 
 of the riglits and liberties of llie peojile, the legis- 
 lalure shall encourage by all suitable means the 
 ])roniotion of intellectual, scientific, moral, and 
 agricultural improvement. 
 
 EDUCATION.-Ti)o act of ISSO establishing tlie 
 state agiicuitural sdciety, and providing for tlie ex- 
 liiliitioM of breeds of lioises. rlc. and of agricultural, 
 nicclianical. ;ind domestic manufactures and produc- 
 tions, is autliorizcd by tills section. (Melviu v. State, 
 11' I Cal. Ki, 7>-^ I'ac. 41 (J.)
 
 193 CONSTITUTION OF 1S79. Art. IX, §§ 2-4 
 
 Sec. 2. A superintendent of public instruction 
 shall, at each gubernatorial election after the 
 adoption of this constitution, be elected by the 
 qualified electors of the state. He shall receive 
 a salary equal to that of the secretary of state, 
 and shall enter upon the duties of his office on 
 the first Monday after the first day of January 
 next succeeding his election. 
 
 Sec. 3. A superintendent of schools for. each 
 county shall be elected by the qualified electors 
 thereof at each gubernatorial election; provided, 
 that the legislature may authorize two or more 
 counties to unite and elect one superintendent for 
 the counties so uniting. 
 
 SUPERINTENDENT.— The supei-intenclent of 
 schools is a county officer. (People v. Babcock, 114 
 Cal. 559, 46 Pac. 818.) 
 
 The superiutondent of schools of San Francisco is 
 not affected by the proyision of the County Goyern- 
 ment Act making: the board of suporyisors the ap- 
 pointins: power. (People y. Babcock, 114 Cal. 559, 40 
 Pac. 818.) 
 
 The election of superintendent of schools is groy- 
 erned by this constitutional proyision, and not by the 
 County Goyernment Act. (Kahn y. Sutro, 114 Cal. 
 316, 40 Pac. 87.) 
 
 Under a provision of the Consolidation Act provid- 
 ing that otHcers appointed to fill yacancies should 
 hold office "until the regular election then next fol- 
 lowing," a superintendent of schools thus appointed 
 will only hold till the next general election, and not 
 till the next gubernatorial election. (People v. Bab- 
 cock, 123 Cal. 307, 55 Pac. 1017.) 
 
 Sec. 4. The proceeds of all lands that have 
 been or may be granted by the United States to 
 
 Constitution— 17
 
 Art. IX, § 5 CONSTITUTION OF 1879. 194 
 
 this state for the support of common schools which 
 may be, or may have been, sold or disposed of, 
 and the five hundred thousand acres of land 
 granted to the new states under an act of Con- 
 gress distributing the proceeds of the public lands 
 among the several states of the Union, approved 
 A. D. one thousand eight hundred and forty-one, 
 and all estates of deceased persons who may have 
 died without leaving a will or heir, and also such 
 per cent, as may be granted, or may have been 
 granted, by Congress on the sale of lands in tliis 
 state, shall be and remain a perpetual fund, the 
 interest of which, together with all the rents of 
 the unsold lands, and such other means as the 
 legislature may provide, shall be inviolably ap- 
 propriated to the support of common schools 
 throughout the state. 
 
 SCHOOL FUND.— Tbe word "means" includes any 
 fund aiisiiiii from annual taxation for school purposes 
 levied under general laws passed for that purpose. 
 (Crosby v. Lyon. 37 Cal. 242.) 
 
 Whenever the legislature raises a fund for the sup- 
 port of common schools, any contemporaneous or sub- 
 sequent legislation having for its object tlie diversion 
 of sucli fund to any other purpose is void. (Crosby 
 V. Lyon, ;!7 Cal. 242.) 
 
 Tliis section does not limit the power of the legis- 
 lature to declare tliat aliens may be heirs. It con- 
 templates some i)roce(lure in the nature of otlice 
 found by wliicli the right of the state shall be ascer- 
 tained and (ieterniined. and legislation providing for 
 the sale of the land. (State v. Smith, 70 Cul. 153, 12 
 Pac. 321.) 
 
 Sec. 5. The legislature shall provide for a sys- 
 tem of common schools by which a free school
 
 Article IX, 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 geneial 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.)
 
 195 CONSTITUTION OF 1879. Art. IX. § 6 
 
 shall be kept up and supported in each district at 
 least six months in every year, after the first year 
 in which a school has been established. 
 
 SCHOOL SYSTEM.— The opportunity for instruc- 
 tion in public schools given by the statutes and con- 
 stitution is a legal right, as much as a vested right in 
 property. (Ward v. Flood, 48 Cal. 36.) 
 
 By the constitution the educational department is 
 made a state, as distinguished from a municipal, 
 care, and the regulation of schools in San Francisco 
 does not remain unchangeable under the Consolida- 
 tion Act. The Consolidation Act may remain for mu- 
 nicipal purposes, yet the educational department, as 
 a state matter, be subject to general laws passed for 
 that purpose. (Earl v. Board of Education, 55 Cal. 
 489.) 
 
 This provision requires the adoption of one sys- 
 tem, which shall be applicable to all the common 
 schools. (Kennedy v. Miller, 97 Cal. 429. 32 Pac. 558; 
 San Diego v. Dauer, 97 Cal. 442. 32 Pac. 561; Bruch 
 V. Golombet, 104 Cal. 347, 38 Pac. 45.) 
 
 It does not authorize one system for school dis- 
 tricts having boards of education, and another sys- 
 tem for school districts not having boards of educa- 
 tion. (Bruch V. Colombet, 104 Cal. 347, 38 Pac. 45.) 
 
 It is within the constitutional power of the legis- 
 lature to provide for the establishment of separate 
 schools for colored children, and the exclusion of col- 
 ored children from schools attended by white chil- 
 dren. (Wysinger y. Crookshank, 82 Cal. 588, 23 Pac. 
 54; Ward v. Flood, 48 Cal. 36.) 
 
 But the legislature cannot, while providing a sys- 
 tem of education for the youth of the state, exclude 
 from its benefits children merely because of their 
 African descent. (AVard v. Flood, 48 Cal. 36.) 
 
 Sec. 6. The public school system shall include 
 primary and grammar schools, and such high 
 schools, evening schools, normal schools, and tech- 
 nical schools as may be established by the legis-
 
 Art. IX, § 7 coxsTiTVTiox of 1879. 190 
 
 lature, or by municipal or district authority; but 
 the entire revenue derived from the state school 
 fund, and the state school tax, shall be applied 
 exclusively to the support of primary and gram- 
 mar schools. 
 
 SCHOOLS AND FUNDS.— High schools are an in- 
 tegral part of our public school system. (Chico High 
 School Board v. Supervisors, 118 Cal. 115, 50 Pac. 
 275.) 
 
 A law providing a special method of levying a tax 
 for high schools, differing from that provided for 
 other school districts, is valid. (People v. Lodi High 
 School Dist, 124 Gal. ti94, 57 Pac. GtiO.) 
 
 A statute authorizing county assessors to retain, as 
 their conii)pnsation in collecting, fifteen per cent, of 
 all poll taxes collected by them, is not in conflict wi 
 this section, since tlie word "exclusively" is directed 
 to the point that the school funds must be applied to 
 the support of primary and grammar schools, to the 
 exclusion of other schools. (San Luis Obispo v. 
 Felts, 104 Cal. 00, 37 Pac. 780.) 
 
 The words "average daily attendance," used in sub- 
 division 4 of section 185S of the I'olitical Code, in re- 
 gard to apportionment of funds, mean average daily 
 attendance in the common schools of the district, and 
 do not include the high schools and evening scliools. 
 (Stoclitou School Dist. v. Wright, 22 Cal. Dec. 353.) 
 
 Sec. 7. The governor, the superintendent of 
 public instruction, the president of the University 
 of California, and' the professor of pedagogy 
 therein, and the principals of the state normal 
 schools shall constitute the state board of educa- 
 tion, and shall compile, or cause to be compiled, 
 and adopt, a uniform series of text-books for use 
 in the common schools throughout the state. The 
 state board may cause such text-books, when
 
 197 coNSTiTUTiox OF 1879. Alt. IX. § 7 
 
 adopted, to be printed and puLlishcd by the su- 
 perintendent of state printing, at the state print- 
 ing office, and, when so printed and published, to 
 be distributed and sold at the cost price of print- 
 ing, publishing, and distributing the same. The 
 text-books so adopted shall continue in use not 
 less than four years; and said state board shall 
 perform s\ich other duties as may be prescribed by 
 law. The legislature shall provide for a board 
 of education in each county in the state. The 
 county superintendents and the county boards, of 
 education shall have control of the examination 
 of teacliers and the granting of teachers' certifi- 
 cates within their respective jurisdictions. 
 [Amendment adopted Kovernber 6, 1894.] 
 
 [AMENDMENT OF 1885. 1 
 Sec. 7. The governor, superiutendent of public in- 
 structiou, and the principals of the state normal 
 schools, shall constitute the state board of education, 
 and shall compile, or cause to be compiled, and adopt 
 a uniform series of text-boolis for use in the com- 
 mon schools throughout the state. The state board 
 may cause such text-books, when adopted, to be 
 printed and published by the superintendent of state 
 printing, at the state printing office; and when so 
 printed and published, to be distributed and sold at 
 the cost price of printing, publishing, and distribut- 
 ing the same. The text-boolis, so adopted, shall con- 
 tinue in use not less than four years; and said state 
 board shall perform such other duties as may be 
 prescribed by laAV. The legislature shall provide for 
 a board of ediication in each county in the state. 
 The county superintendents and the county boards of
 
 Art. IX, § 7 coxsTiTUTiox of 1S79. 108 
 
 education shall have control of the examination of 
 teachers and the granting of teachers' certificates 
 within their respective jurisdictions. [Ratification 
 declared February 12, 1SS5.] 
 
 [ORIGINAL SECTION.] 
 Sec. 7. The local boards of education, and the 
 boards of supervisors, and the county superintendents 
 of the several counties which may not have county 
 l>oards of education, shall adopt a series of text-books 
 for the use of the common schools within their re- 
 spective jurisdictions; the text-books so adopted shall 
 continue in use for not less than four years; they 
 shall also have control of the examination of teacliers 
 and the granting of teachers' certificates within their 
 several jurisdictions. 
 
 TEXT-BOOKS, ETC.— This section is self-execut- 
 ing in so far as it provides for the selection of text- 
 books by local boards, and operated as a repeal of 
 the act of 1875, which provided tliat the text-books 
 in use in the years 1S7:?, 1874, 1875, should be con- 
 tinued in use until otlierwise provided by statute. 
 (People v. Board of Education. 55 Cal. 3.S1.) 
 
 The board of education is a legal body, capable 
 of suing for lots conveyed to thom by the fund com- 
 missioners. (Board of Education v. Fowler, 19 Cal. 
 
 II.) 
 
 The phrase "local board" applies to the territory 
 over winch it exercises jurisdiction as a board. Each 
 Ivoard is local as to the territory of its jurisdiction. 
 The board in a city is local to Iho city; the board of 
 a township is local as to the township, and the board 
 of a county is local as to the county; and where por- 
 tions of a county are subject to local boards for such 
 portions, the county board is local as to the balance 
 of the county. (IN'ople v. Board of lOducation, 55 
 Cal. 331.) 
 
 The provision of tliis s(>ction confcM'iing upon coun- 
 ty superintendents and tiie county l)oar(l of education 
 "control," etc., is not to be construed as conferring
 
 199 CONSTITUTION OF 1879. Art. IX, §§ 8, 9 
 
 unlimited or exclusive control, or power to legislate 
 upon that subject, nor as taking away the power of 
 the legislature to prescribe the rules by which the 
 qufilifieations of teachers shall be determined, and to 
 determine what shall entitle them to a certificate. 
 (Mitchell v. Winnek, 117 Cal. 520, 49 Pac. 579.) 
 
 Sec. 8. No public money shall ever be appro- 
 priated for the support of any sectarian or de- 
 nominational school, or any school not under the 
 exclusive control of the officers of the public 
 schools; nor shall any sectarian or denomina- 
 tional doctrine be taught, or instruction thereon 
 be permitted, directly or indirectl}', in any of the 
 common schools of this state. 
 
 SECTARIAN SCHOOLS.— An act providing for 
 the commitment of minor criminals to nonsectat-ian 
 charital)le corporations, the expense of maintenance 
 to be paid by the county, is not in violation of this 
 section, since it only applies to schools such as are 
 provided for by the constitution. (Boys' and Girls' 
 Aid Soc. V. Reis, 71 Cal. 627, 12 Pac. 79G.) 
 
 Sec. 9. The University of California shall 
 constitute a public trust, and its organization and 
 government shall be perpetually continued in the 
 form and character prescribed by the organic act 
 creating the same, passed March twenty-third, 
 eighteen hundred and sixty-eight (and the sev- 
 eral acts amendatory thereof), subject only to 
 such legislative control as may be necessary to 
 insure compliance with the terms of its endow- 
 ments, and the proper investment and security of 
 its funds. It shall be entirely independent of all
 
 Art. IX, § 9 coxsTiTUTiox of 1879. 200 
 
 political or sectarian influence, and kept free 
 therefrom in the appointment of its regents, and 
 in the administration of its affairs; provided, that 
 all the moneys derived from the sale of the public 
 lands donated to this state by act of Congress, ap- 
 proved July second, eighteen hundred and sixty- 
 two (and the several acts amendatory thereof), 
 shall be invested as provided by said acts of Con- 
 gress, and the interest of said moneys shall be in- 
 violably appropriated to the endowment, support, 
 and maintenance of at least one college of agri- 
 culture, where the leading objects shall be (with- 
 out excluding other scientific and classical studies, 
 and including military tactics) to teach such 
 branches of learning as are related to scientific 
 and practical agriculture and tlie mechanic arts, 
 in accordance with the requirements and condi- 
 tions of said acts of Congress; and tlie legislature 
 shall provide that if, through neglect, misappro- 
 priation, or any other contingency, any portion 
 of the funds so set apart shall be diminished or 
 lost, the state shall replace such portion so lost 
 or misappropriated, so that the principal thereof 
 shall remain forever undiminished. No person 
 shall be debarred admission to any of the col- 
 legiate departments of the university on account 
 of sex. 
 
 UNIVERSITY OF CALIFORNIA.-Tlie Universi- 
 ty of C;ilil'(>nii:i is a piililic corporation. (Estate of 
 lioyer, 12;i Cal. 014, .^)(i Tiic. 4(11.) 
 
 'I'iio r('s:<'iiis of 11h> university are not piiblif" officers. 
 (Lundy v. I>clnias, lUl Cal. O-jo, 3S Pnc 44.".)
 
 201 CONSTITUTION OF 1879. Art. IX, § 19 
 
 After the affiliation of the Hastings College of the 
 Law with the University of CaUfornia, the legisla- 
 ture had no power to change the form of the govern- 
 ment of the college. (People v. Kewen, 69 Cal. 215, 
 10 Pac. 393.) 
 
 Sec. 10. The trusts and estates created for 
 the founding, endowment, and maintenance of 
 the Leland Stanford Junior University, under 
 and in accordance with "An act to advance learn- 
 ing, etc.," approved March ninth, eighteen hun- 
 dred and eighty-five, by the endowment grant 
 executed by Leland Stanford and Jane Lathrop 
 Stanford on the eleventh day of November, A. D. 
 eighteen hundred and eighty-five, and recorded 
 in liber eighty-three of deeds, at page twenty-three 
 et seq., records of Santa Clara county, and by 
 the amendments of such grant, and by gifts, 
 grants, bequests, and devises supplementary there- 
 to, and by confirmatory grants, are permitted, ap- 
 proved, and confirmed. The board of trustees 
 of the Leland Stanford Junior University, as 
 such, or in the name of the institution, or by 
 other intelligible designation of the trustees or of 
 the institution may receive property, real or per- 
 sonal, and wherever situated, by gift, grant, de- 
 vise, or bequest, for the benefit of the institution, 
 or of any department thereof, and such property, 
 unless otherwise provided, shall be held by the 
 trustees of the Leland Stanford Junior University 
 upon the trusts provided for in the grant found- 
 ing the university, and amendments thereof, and
 
 Art. IX, § 11 CONSTITUTION OF 1879. 202 
 
 grants, bequests, and devises supplementary there- 
 to. The legislature, by special act, may grant to 
 the trustees of the Leland Stanford Junior Uni- 
 versity corporate powers and privileges, but it 
 shall not thereby alter their tenure, or limit 
 their powers or obligations as trustees. All prop- 
 erty now or hereafter held in trust for the found- 
 ing, maintenance, or benefit of the Leland Stan- 
 ford Junior University, or of any department 
 thereof, may be exempted by special act from state 
 taxation, and all personal property so held, the 
 Palo Alto farm as described in the endo\Mnent 
 grant to the trustees of the university, and all 
 other real property so held and used by the uni- 
 versity for educational purposes exclusively, may 
 be similarly exempted from county and municipal 
 taxation; provided, that residents of California 
 shall be charged no fees for tuition unless such 
 fees be authorized by act of the legislature. 
 [Amendment adopted November 6, 1900.] 
 
 Sec. 11. All property now or hereafter be- 
 longing to "The California School of Mechanical 
 Arts," an institution founded and endowed by the 
 late James Lick to educate males and females in 
 the practical arts of life, and incorporated under 
 the laws of the state of California, November 
 twenty-third, eighteen hundred and eighty-five, 
 having its school buildings located in the city 
 and county of San Francisco, shall be exempt 
 from taxation. The trustees of said institution
 
 203 CONSTITUTION OF 1S70. Art. IX, § 11 
 
 must annually report tlieir proceedings and finan- 
 cial accounts to the governor. The legislature 
 may modify, suspend, and revive at will the ex- 
 emption from taxation herein given. [Amend- 
 ment adopted November 6, 1900.]
 
 Art. X, § 1 CONSTITUTION OF 1879. 204 
 
 ARTICLE X. 
 
 STATE INSTITUTIONS AND PUBLIC BUILD- 
 INGS. 
 
 § 1. State prison directors, appointment and term 
 
 of office. 
 
 § 2. Authority and duties of. 
 
 § 3. Power of appointment of employees. 
 
 § 4. Allowance for expenses. 
 
 § 5. Powers and duties to be regulated by law. 
 
 § 6. Convict labor to be regulated. 
 
 Section 1. There shall be a state board of 
 prison directors, to consist of five persons, to be 
 appointed by the governor, with the advice and 
 consent of the senate, who shall hold office for 
 ten years, except that the first appointed shall, in 
 such manner as the legislature may direct, be so 
 classified that the term of one person so appointed 
 shall expire at the end of eacli two 3'cars during 
 the first ten years, and vacancies occurring shall 
 be filled in like manner. The appointee to a va- 
 canc}^ occurring before the expiration of a term, 
 shall hold office only for the unexpired term of 
 his predecessor. The governor shall have the 
 power to remove cither oC the directors for mis-
 
 203 CONSTITUTION OF 1870. Art. X, §S 2-i 
 
 conduct, incompetency, or neglect of dntj, after 
 an opportunity to be heard upon written charges. 
 
 PRISON DIRECTORS.— Under this section the 
 governor has authority to make an investigation in- 
 to the conduct of the state board of prison directors 
 with a view of removing them from offlce. (Chap- 
 man V. Stoueman, 63 Cal. 490.) 
 
 Sec. 2. The board of directors shall have the 
 charge and superintendence of the state prisons, 
 and shall possess such powers, and perform such 
 duties, in respect to other penal and reformatory 
 institutions of the state, as the legislature may 
 prescribe. 
 
 Sec. 3. The board shall appoint th3 warden 
 and clerk, and determine the other necessary offi- 
 cers of the prisons. The board shall have power 
 to remove the wardens and clerks for misconduct, 
 incompetency, or neglect of duty. All other offi- 
 cers and employees of the prisons shall be ap- 
 pointed by the warden thereof, and be removed 
 at his pleasure. 
 
 Sec. 4. The members of the board shall receive 
 no compensation other than reasonable traveling 
 and other expenses incurred while engaged in the 
 performance of official duties, to be audited as the 
 legislature may direct. 
 
 COMPENSATION.— An act allowing the state 
 prison directors mileage and "one hundred dollars for 
 other expenses" is in contlict with this section, since 
 the legislature is not authorized to audit the ex- 
 penses, but is directed to provide how and before 
 Constitution— 18
 
 Art. X, §§ 5, 6 CONSTITUTION OF 1879. 206 
 
 what tribunal or board the expenses shall be audited. 
 (People V. Chapman, Gl Cal. 2U2.) 
 
 Sec. 5. The legislature shall pass such laws 
 as may be necessary to further define and regulate 
 the powers and duties of the board, wardens, and 
 clerks, and to carry into effect the provisions of 
 this article. 
 
 Sec. 6. After the first day of January, eighteen 
 hundred and eighty-two, the labor of convicts 
 shall not be let out by contract to any person, 
 copartnership, company, or corporation, and the 
 legislature shall, by law, provide for the working 
 of convicts for the benefit of the state.
 
 207 CONSTITUTION OF 1879. Art. XI 
 
 ARTICLE XI. 
 
 CITIES, COUNTIES, AND TOWNS. 
 
 § 1. Counties as subdivisions of the state. 
 
 § 2. Eemoval of county seats. 
 
 § 3. New counties, establishment of. 
 
 § 4. County governments to be uniform, under gen- 
 eral laws. 
 
 § 5. Boards of supervisors, election and appoint- 
 ment of. 
 
 § G. Municipal corporations to be controlled by gen- 
 eral laws. 
 
 § 7. City and county governments may be consoli- 
 dated. 
 
 § 8. City charters, how framed and ratified. 
 
 § 81/2. City and county charters, to contain what. 
 
 § 9. Compensation of officers. 
 
 § 10. State taxes, no release or discharge from. 
 
 § 11. Local police, sanitai-y, and other regulations 
 may be enforced. 
 
 § 12. Assessment and collection of taxes. 
 
 § 13. Powers not to be delegated to special commis- 
 sion, etc. 
 
 § 14. Inspection officers, appointment of. 
 
 § 15. Private property not liable for corporate debt 
 of municipality. 
 
 § 16. Moneys, etc., to be deposited with treasurer. 
 
 § 17. Making profit out of public funds a felony. 
 
 § 18. Restriction on power to incur Indebtedness. 
 
 § 19. Street improvements.
 
 Art. XI, §§ 1-3 CONSTITUTION OF 1879. 208 
 
 Section 1. The several counties, as they now 
 exist, are hereby recognized as legal subdivisions 
 of this state. 
 
 COUNTIES.— The people of a county are not a cor- 
 poration, nor can they sue or be sued, but the county 
 itself is a corporation and the proper party plaintiff. 
 (People V. Myers, 15 Cal. 33.) 
 
 To constitute a county something more is required 
 than a law definins: its boundaries. A local govern- 
 ment must be provided. (People v. McGuire, 32 Cal. 
 140.) 
 
 A county is a part of the state government, and 
 cannot be sued without the consent of the state. 
 (Sharp V. Contra Costa County, 34 Cal. 284.) 
 
 The consolidated city and county of San Francisco 
 is included in the designation "count v." (Kahn v. 
 Sutro, 114 Cal. 31G, 46 Pac. 87.) 
 
 At common law an action did not lie against a 
 countj^ and this was the law of this state until the 
 legislature gave that right in 1854. (Oilman v. Con- 
 tra Costa County, 8 Cal. 52.) 
 
 The board of supervisors of a county is not the 
 proper party defendant in an action upon a claim 
 against the county. (Hastings v. San Francisco, 18 
 Cal. 49.) 
 
 Sec. 2. No county sent sliall ho removed un- 
 less two-thirds qI; the qualified electors of the 
 county, voting on the ])roposition at a general 
 election, sluill vote in favor of such removal. A 
 proposition of removal sliall not ho sul)mittod in 
 tlio same county more than once in four years. 
 
 COUNTY SEATS.— The legislature may delegate 
 the jiower to tlie voters of a county to select a coun- 
 ty seat. (Upham v. Supervisors, 8 Cal. 378.) 
 
 Reo. 3. Tlic legislature, by general and uni- 
 fonii laws, may ])rovidc for tlic fonnalion of new
 
 209 CONSTITUTION OF 1879. Art. XI, § 3 
 
 counties; provided, however, that no new county 
 shall be established which shall reduce any county 
 to a population of less than eight thousand; nor 
 shall a new county be formed containing a less 
 population than five thousand; nor shall any line 
 thereof pass within five miles of the county seat 
 of any county proposed to bo divided. Every 
 county which shall be enlarged or created from 
 territory taken from any other county or counties, 
 shall be liable for a just proportion of the exist- 
 ing debts and liabilities of the county or counties 
 from which such territory shall be taken. [Amend- 
 ment adopted ]S[ovember 6, 1894.] 
 
 [ORIGINAL SECTION.] 
 Sec. 3. No new county shall be established which 
 shall reduce any county to a population of less than 
 eight thousand; nor shall a new county be formed 
 containing: a less population than five thousand; nor 
 shall any line thereof pass within five miles of the 
 county seat of any county proposed to be divided. 
 Every county which shall be enlarced or created 
 from territory talien from any other county or coun- 
 ties, shall be liable for a just proportion of the exist- 
 ing debts and liabilities of the county or counties 
 from which such territory shall be taken. 
 
 NEW COUNTIES.— The legislature, except as re- 
 strained by constitutional limitations, may change 
 the boundaries of counties, consolidate two or more 
 into one, or divide and create new counties out of 
 the territory of one or more existing ones; and may 
 make any provision it sees fit as to a division of the 
 property and debts of such counties. (Los Angeles 
 Co. V. Orange Co., 97 Cal. 329, 32 Pac. 316.) 
 
 A newly created county does not become a county
 
 Art. XI, § 3 coxsTiTUTiON OF 1879. 210 
 
 until its organization is perfected by tlie election of 
 its officers. (People v. McGuire. 32 Cal. 140.) 
 
 The lejrislatnre cannot, in organizing a new county, 
 change the term of the judges as fixed by the con- 
 stitution. (Teople T. Templeton, 12 Cal. 394.) 
 
 The last clause of this section relates only to the 
 indebtedness of the county, and does not require any 
 division of the assets of the old county. (Los Ange- 
 les Co. V. Orange Co.. 97 Cal. 329, 32 Pac. 31G.) 
 
 The legislature may fix the time at which to prop- 
 erly determine what would be a "just proportion" 
 of the debts and liabilities to be assumed by the new 
 county. (Los Angeles Co. v. Orange Co., 97 Cal. 329, 
 32 Pac. 316.) 
 
 In creating a new county, it is for the legislature 
 to determine how the debts and property of the coun- 
 ty shall be divided and apportioned, and if the com- 
 missioners fail by mistalie to divide a claim exist- 
 ing in favor of a county against the state, the rem- 
 edy for such failure is legislative and not judicial, 
 and tlie courts have no jurisdiction of an action by 
 tlie new county to recover its proportion of such 
 claim when paid by the state to the county from 
 wliich the new county was formed. (Orange Co. v. 
 Los Angeles Co., 114 Cal. 390. 4(1 Pac. 173.) 
 
 The courts have no power to determine what is a 
 "just proportion" under this section. (Tulare Co. v. 
 Kings Co., 117 Cal. 390, 49 Pac. 173.) 
 
 Upon the division of a county, if no provision Is 
 made by law for any change in the custody of the 
 swamp land fund, no action will lie on belialf of the 
 new county to recover a share of such fund, but the 
 legislature is the appropriate and only source of re- 
 lief. (Kings Co. V. Tulare Co., 119 Cal. 509, 51 Pac. 
 800.) 
 
 Where no provision is made as to the property and 
 assets, the old county will be entitled to retain all 
 pultlic property and assets, except such l)uildings and 
 strucLures as lie within the limits of tlie new, and 
 will be liable for its prior ol)ligations. (Colusa Co. 
 V. (Jlenn Co., 124 Cal, 498, 57 I'ae. 477.) 
 
 When a new county is organized out of a part of 
 the territory before constituting anotlier county, the 
 claim of the old against the new county for pay-
 
 211 coxsTiTUTiox OF 1879. Art. XI, § 4 
 
 meiit of the new county's proportion of the debts of 
 the old county is of an equit.Tble nature only, and 
 requires legislation to enable the old county to en- 
 force it. (Reals v. Supervisors, 28 Cal. 449.) 
 
 The legislature may require a new county to pay 
 Interest upon a debt "due to the old. (Beals v. Ama- 
 dor Co., 35 Cal. 624.) 
 
 If an equitable claim exists in favor of one county 
 against another arising out of the erection of a new 
 county out of territory taken in part from one coun- 
 ty, the legislature may compel the board of super- 
 visors of the county indebted to levy a special tax 
 to pay the same. (People v. Alameda Co., 2G Cal. 
 tJ41.) 
 
 Upon the division of a county, with an agreed 
 basis of apportionment of assets, which did not in- 
 clude prior unpaid railroad taxes, the validity of 
 which were disputed, and which were subsequently 
 reassessed to each of the counties upon the basis of 
 their respective railroad mileage, the original county 
 may recover from the new county at least the dif- 
 ference between the amount received by the old coun- 
 ty and the amount it would have received upon the 
 agreed basis of apportionment. (San Diego Co. v. 
 Eiverside Co., 125 Cal. 495, 58 Pac. 81.) 
 
 Sec. 4. The legislature shall establish a sys- 
 tem of county governments which shall be uni- 
 form throughout the state; and by general laws 
 shall provide for township organization, under 
 which any county may organize whenever a ma- 
 jority of the qualified electors of such county, 
 voting at a general election, shall so determine; 
 and, whenever a county shall adopt township or- 
 ganization, the assessment and collection of the 
 revenue shall be made, and the business of such 
 county and the local affairs of the several town- 
 ships therein shall be managed and transacted in 
 the manner prescribed by such general laws.
 
 Art. XI, § 4 CONSTITUTION OF 1879. 212 
 
 COUNTY GOVERNMENT.— The "system" or plan 
 for the government of the several counties must be 
 uniform so that its several parts shall be applicable 
 to each county. (Welsh v. Bramlet. 98 Cal. 219, 33 
 Pac. 66.) 
 
 This section does not deprive the legislature of the 
 power to pass an act requiring boards of supervisors 
 of certain named counties to issue and sell county 
 bonds for the improvement of roads. (People v. Su- 
 pervisors. 50 Cal. 501. j 
 
 A provision of a County Government Act that in 
 counties of a certain class county licenses collected 
 in cities shall be paid into the treasuries of such 
 cities for street improvements is in volation of this 
 section. (San Luis Obispo v. Graves, 81 Cal. 71, 2?. 
 Pac. 1032.) 
 
 A provision of the County Government Act that in 
 all counties of one particular class certain additional 
 fees shall be collected for tiling the inventory in es- 
 tates of deceased persons is violative of this section. 
 (Bloss V. Lewis, 109 Cal. 493, 41 Pac. lOSl.) 
 
 The provisions of the County Government Act of 
 1893 empowering certain of the county ofticers in 
 counties of one particular class to aiipoint a cer- 
 tain number of deputies, whose salaries are fixed by 
 the act and made pa: able out of the county treas- 
 ury, is valid, altiiough in otiier counties the princi- 
 pals must i)ay tlie salaries of their de])uties. (Tu- 
 lare Co. v. May, 118 Cal. 303. 50 Pac. 427; Freeman 
 V. Barnum 131 Oal. 380. Wrlsh v. Bramlet, 98 Cal. 
 219. 33 Pac. (JO; Walser v. Austin, 104 Cal. 128, 37 
 Pac. 809. overruled.) 
 
 TOWNSHIP GOVERNMENT.- The provision of 
 this section as to luwii governments is not self-exe- 
 cuting, and the b'gislature cannot confer uiwn the 
 inhabitants of a certain territory, who have no town 
 organization, the power to make laws. (Ex p.irle 
 Wall, 48 Cal. 279.) 
 
 The townshij) government established by the 
 Cbunty Government Act is not the (ownsliip govern- 
 ment mentioned in this section. (Loiigan v. Solano 
 Co., 65 Cal. 122, 3 I'ac 463; Ex parte Wall, 48 Cal. 
 279.)
 
 213 CONSTITUTION OF 1879. Art. XI, § 5 
 
 The legislature never lias established towns with- 
 in the meaning of the constitution. (Ex parte Wall. 
 48 Oal. 279.) 
 
 Sec. 5. The legislature, by general and nni- 
 form laws, shall provide for the. election or ap- 
 pointment, in the several counties, of boards of 
 supervisors, sheriffs, county clerks, district attor- 
 neys, and such other county, township, and mu- 
 nicipal officers as public convenience may require, 
 and shall prescribe their duties, and fix their 
 terms of office. It shall regiilate the compensa- 
 tion of all such officers, in proportion to duties, 
 and for this purpose may classify the counties 
 by population; and it shall provide for the strict 
 accountability of county and township officers for 
 all fees which may be collected by them, and for 
 all public and municipal moneys which may be 
 paid to them, or officially come into their posses- 
 sion. 
 
 COUNTY OFFICEIIS.— Under the former constitu- 
 tion it was held that the provision requiring a uni- 
 form system of county government was merely di- 
 rectory. (People v. Lake Co., 33 Cal. 487.) 
 
 But the provision of the present constitution Is 
 mandatory, gives to the legislature exclusive author- 
 ity to provide for the officers in the several counties, 
 and to lix their terms and duties, provides that this 
 must be done "by general and uniform laws," and 
 that such laws must be uniformly applicable to all 
 the counties of the state. (Welsh v. Bramlet, 98 Gal. 
 219. 33 Pac. 66.) 
 
 A statute providing for a sy.stem of coimty govern- 
 ment, which in its terms is limited to a portion of 
 the state, is in violation of this section. (Hale v. 
 McGettigan, 114 0:il. 112, 45 Pac. 1049.)
 
 Art. XI, § 5 CONSTITUTION OF 1879. 214 
 
 Election of officers. — It seems that under this sec- 
 tion the legislature has power to provide that all 
 county officers shall be appointed instead of elected. 
 (Barton v. Kalloch, 56 Cal. 95.) 
 
 The constitution does not fix the term of these 
 officers, but merely directs that the legislature shall 
 provide for their election by the people and shall 
 fix by law the duties and compensation. (People v. 
 Brown, 16 Cal. 441.) 
 
 When the constitution declares an office to be elec- 
 tive it cannot be filled in any other mode, but when 
 it has been filled by election, the legislature may ex- 
 tend the term of the incumbent. (Christy v. Super- 
 visors, 39 Cal. 3.) 
 
 There is nothing in the constitution which requires 
 that a person elected district attorney shall be ad- 
 mitted to the bar. (People v. Dorsey, 32 Cal. 296.) 
 
 The sheriff as such cannot perform the duties of 
 tax collector. (Lathrop v. Brittain, 30 Cal. 680.) 
 
 The legislature is not prohibited from creating 
 more than one revenue district in a county, and pro- 
 viding for the election of assessor and tax collector 
 in each district. (People v. Central Pac. R. II. Co., 
 43 Cal. 398.) 
 
 An act authorizing the district attorney of a coun- 
 ty to bring suit in the name of the people to recover 
 delinquent taxes does not interfere with the consti- 
 tutional duties of the tax collector. (People v. Cen- 
 tral Pac. R. R. Co., 43 Cal. 398.) 
 
 The term "assessor" does not necessarily mean an 
 officer whose valuations are final. (Savings etc. 
 Soc. V. Austin, 46 Cal. 415.) 
 
 Compensation.— This section only authorizes one 
 mode of fixing the compensation of officers, and that 
 is to adjust tlie compensation in accordance with 
 their respective duties, under a classification of coun- 
 ties by population made for this purpose. (Knight 
 V. iSIartin. 128 Cal. 245, 60 Pac. 849; Dwyer v. Parker, 
 115 Cal. 544, 47 I'ac. :;72.) 
 
 The sole purpose of the classification provided for 
 by this section is of regulating the compensation of 
 the orticers in proi)orlion to their duties. A classi- 
 fication for any otlier purpose is void. (San Luis 
 Obispo V. Graves, 84 Oal. 71, 23 Pac. 1032: San r'rau-
 
 215 CONSTITUTION OF 1879. Art. XI, § 5 
 
 Cisco V. Broderick, 125 Cal. 188, 57 Pac. 887; Turner 
 V. Siskiyou Co., 109 Cal. 332, 42 Pac. 434.*) 
 
 Au act creating a class of counties and designating 
 it by population arbitrarily, and without reference to 
 the classification contained in the general law, is in 
 violation of this section. (San Francisco v. Broder- 
 ick, 125 Cal. 188, 57 Pac. 887.) 
 
 A pi-ovision of the fee bill allowing justices of the 
 peace a certain portion of the fees collected by them 
 as their compensation, irrespective of the classifica- 
 tion contained in the County Government Act, is in- 
 valid. (Dwyer v. Parker, 115 Cal. 544, 47 Pac. 372; 
 Reid V. Groezinger, 115 Cal. 551, 47 Pac. 374.) 
 
 The act of 1893 providing a special method of col- 
 lecting fees in cities and counties of over one hun- 
 dred thousand inhal)itants is in violation of this 
 provision. (Rauer v. Williams, 118 Cal, 401, 50 Pac. 
 691.) 
 
 The legislature is not directed to regulate the 
 compensation in accordance with the classification of 
 the counties by population, but in proportion to du- 
 ties, and as a means of doing that it is authorized to 
 classify the counties according to population. (Lon- 
 gan V. Solano Co., G5 Cal. 122, 3 Pac. 463; Welsh v. 
 Bramlet, 98 Cal. 219, 33 Pac. 60.) 
 
 What compensation of an officer should be deemed 
 "in proportion to his duties" is a matter of fact to 
 be ascertained and determined by the legislature, and 
 not by the courts. (Green v. Fresno Co., 95 Cal; 329, 
 30 Pac. 544.) 
 
 This section does not prevent the legislature from 
 allowing county otticers the fees collected in lieu of 
 salaries. (San Luis Obispo v. Drake, 76 Cal. 92, 18 
 Pac. 118; Green v. Fresno Co., 95 Cal. 329. 30 Pac. 
 544. But see Kern Co. v. Fay, 131 Cal. 547.) 
 
 The legislature may provide that some county of- 
 ficers may receive fees or per diem, and that others 
 shall receive regular salaries. (Yail v. San Diego Co., 
 126 Cal. 35, 58 Pac. 392.) 
 
 *In considering the subject of classification, it 
 must be remembered that, while counties can only 
 be classified for the purpose above mentioned, cities 
 and towns may be classified according to population 
 for any purpose. (See note to next section.)
 
 Art. XI, § 5 CONSTITUTION' OF 1879. 21G 
 
 The legislature cannot change the measure of com- 
 pensation of officers fixed by the County Government 
 Act otherwise than by an amendment of it, preserving 
 the standard fixed by the constitution of the classi- 
 fication of counties by population for the purpose of 
 fixing the compensation of officers. (Kiernan v. 
 Swan, 131 Cal. 410.) 
 
 A law fixing the compensation of officers in all 
 counties of a certain class is valid. (Summerland v.- 
 Biclvuell, 111 Cal. 567, 44 Pac. 232.) 
 
 The duty of regulating the compensation of all 
 county officers in proportion to duties cannot be dele- 
 gated to boards of supervisors. (Doughertv v. Aus- 
 tin, 94 Cal. 601, 28 Pac. 834. 29 Pac. 1092; People v. 
 Johnson. 95 Cal. 471, 31 Pac. 611.) 
 
 Classification. — There is no limit to the number of 
 classes of counties that the legislature may make. 
 (Longan v. Solano, 65 Cal. 122, 3 Pac. 463.) 
 
 The provision of the County Government Act that, 
 when the population of an existing county shall be 
 reduced by reason of the creation of a new county 
 from the territory thereof, below the class first as- 
 sumed under that act, it should be the duty of the 
 supervisors of such county to designate the class to 
 which such county has been reduced, is not in con- 
 flict with this section. (Kumbler v. Supervisors, 103 
 Cal. 393. 37 Pac. 383.) 
 
 The courts will take .iudicial notice of the popu- 
 lation of cities and towns as shown by the United 
 States census returns. (People v. Wong Wang, 92 
 Cal. 277, 28 Pac. 27; People v. Williams, 64 Cal. 87, 
 27 Pac. 939; Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 
 66.) 
 
 A county of a particular class is not ipso facto made 
 a county of anotlier class merely by the effect of a 
 new census, but it remains in its original class until 
 reorganized by the board of supervisors. (Hull v. 
 Superior Court, 63 Cal. 174, per ;\lcKinsfry, J.) 
 
 As to when a city of one class passes from one class 
 to another, see Ex parte llalstead, 89 Cal. 471, 26 
 Pac. 961. 
 
 The legislature hns no power to arbitrarily place 
 any particular county in any particular class. But 
 where the legislature declares that a particular newly
 
 217 CONSTITUTION OF 1879. Art. XI, § 5 
 
 formed county shtiU belong to a particular class, it 
 will be assumed that the legislature thereby deter- 
 mined the population of such county. (Sanders v. Se- 
 horn, 98 Cal. 227, 33 Pac. 58; People v. McFadden, 81 
 Cal. 489, 22 Pac. 851.) 
 
 Particular acts.— A provision of the County Govern- 
 ment Act, conferring power upon the supervisors to 
 authorize the district attorney of any county to ap- 
 point an assistant who shall receive a compensation 
 tixed bv the act, is void. (Knight v. Martin, 128 Cal. 
 245, UO I'ac. 849.) 
 
 The provision of the Coimty Government Act of 
 1893, empowering certain officers of 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 County v. May, 118 Cal. 303, 50 
 Pac. 427. Welsh v. Eramlet, 98 Cal. 219. 33 Pac. 66; 
 Walser v. Austin, 104 Cal. 128, 37 Pac. 809, overruled.) 
 
 A provision of the County Government Act provid- 
 ing for biennial election of county officers in counties 
 of one particular class is void. (Hale v. McGettigan, 
 114 Cal. 112, 45 Pac. 1049.) 
 
 This section does not authorize the Primary Elec- 
 tion Law of 1895, which is expressly confined in its 
 operation to counties of the first and second class. 
 (Marsh v. Supervisors, 111 Cal. 368, 43 Pac. 975.) 
 
 This section does not authorize tlie collection in 
 counties of one particular class of a percentage upon 
 the inventory value of the estate for filing the inven- 
 tory. (Bloss V. Lewis, 109 Cal. 493, 41 Pac. 1081.) 
 
 Section 726 of the Code of Civil Procedure, confer- 
 ring upon the court authority to appoint commission- 
 ers to sell mortgaged property, does not violate this 
 provision. (McDermot v. Barton, 106 Cal. 194, 39 Pac. 
 538.) 
 
 The board of supervisors of a county have no power 
 to create the office of license tax collector for the coun- 
 ty. (El Dorado Co. v. Meiss, 100 Cal. 268, 34 Pac. 
 716; Los Angeles Co. v. Lopez, 104 Cal. 257, 38 Pac. 
 42. People v. Ferguson, 65 Cal. 288, 4 Pac. 4, over- 
 ruled.) 
 
 Constitution— 19
 
 Art. XI, § 6 CONSTITUTION OF 1879. 218 
 
 There is notliing in the constitution prohibiting' the 
 legislature from conferring upon the boards of super- 
 visors of one county the power to lay out, open, and 
 maintain a road in another county. (.People v. Lake 
 Co.. 33 Cal. 487.) 
 
 The provision of the County Government Act requir- 
 ing assessors in counties of one particular class to pay 
 all percentages for the collection of poll taxes into the 
 county treasury is valid. (Summerland v. Bicknell, 
 111 Cal. 5G7, 41 Pac. 232.) 
 
 Sec. 6. Corporations for municipal purposes 
 shall not be created by special laws; but the 
 legislature, by general laws, shall provide for the 
 incorporation, organization, and classification, in 
 proportion to population, of cities and towns, which 
 laws may be altered, amended, or repealed. Cities 
 and towns heretofore organized or incorporated 
 may become organized under such general laws 
 whenever a majority of the electors voting at a 
 general election shall so determine, and shall or- 
 ganize in conformity therewith; and cities and 
 towns heretofore or hereafter organized, and all 
 charters thereof framed or adopted by authority 
 of this constitution, except in municipal affairs, 
 shall be subject to and controlled by general laws. 
 [The words "except in municipal affairs" inserted 
 by amendment adopted November 3, 1896.] 
 
 MUNICIPAL CORPORATIONS.— The constitution 
 does not, e.x pro])rio vigore, create or estaltlish any 
 local, county, or municipal governments. (I'eople v. 
 I'rovines, 34 Cal. 520.) 
 
 Noltlior does it abolish the municipalities of the 
 state. (In re Guerrero. (;0 Cal. 88, l(t Pac. 2G1.) 
 
 T'nder the constitution of 1849 the legislature had 
 power to create a municipal corporation l)y a spe- 
 cial law. (People v. Levee Dist. No. (.!, 131 Cal. 30.)
 
 219 CONSTITUTION OF 1S79. Art. XI, § G 
 
 A county is not a corporation for municipal pur- 
 poses within tlie meaning of this section. (People 
 V. McFaddeu, 81 Cal. 489, 22 Pac. 851.) 
 
 A levee district is not a municipal corporation. 
 (People V. Levee Dist No. 6, 131 Cal. 30.) 
 
 An irrigation district is a public corporation. (Peo- 
 ple V. Selma Irr. Dist., 98 Cal. 206, 32 Pac. 1047.) 
 
 Municipal corporations are not limited to cities and 
 towns; but the legislature may by general laws 
 classify ahd provide for as many species of munici- 
 pal corporations as, in its judgment, are demanded 
 by the welfare of the state. (In re Madera Irr. Dist., 
 92 Cal. 296, 28 Pac. 272.) 
 
 Consolidated cities and counties are municipal cor- 
 porations within the meaning of this section. (Den- 
 man V. Brodericlv, 111 Cal. 96, 43 Pac. 516.) 
 
 A reclamation district is a public corjioration for 
 municipal purposes, and under the old constitution 
 might be created by special act. (Swamp Land Dist. 
 No. 150 V. Silver, 98 Cal. 51, 32 Pac. 866.) 
 
 The term "municipal'' is limited to "governmen- 
 tal," and cannot be extended to commercial pur- 
 poses. (Low v. Marysville, 5 Cal. 214.) 
 
 Municipal corporations are but subordinate subdi- 
 visions of the state, which may be created, altered, 
 or abolished at the will of the legislature, which 
 may enlarge or restrict their powers, direct the mode 
 of their exercise, and define what acts they may 
 or may not perform, suliject to the limitation that 
 the legislature cannot direct the performance of an 
 act which will impair the obligations of a contract. 
 (San Francisco v. Canavan, 42 Cal. 541.) 
 
 Classification.— Tlie object of classifying municipal 
 corporations according to population, and in prevent- 
 ing their creation by special laAvs, was to avoid the 
 necessity of special legislation. (People v. Henshaw, 
 76 Cal. 436, 18 Pac. 413.) 
 
 This section does not limit the power of classifi- 
 cation to purposes of the incorporation and organiza- 
 tion of municipalities, but empowers the legislature 
 to classify for the purpose of supplying the general 
 laws required by the varying needs of the municipal- 
 ities so classified. (Rauer v. Williams, 118 Cal. 401, 
 50 Pac. 691.)
 
 Alt. XI. §6 COX.STITUTIOX OF 1S79. 220 
 
 But a law i)roviding the conditions and mode of 
 esercisiug: the power of eminent domain in counties 
 of one particular class is not authorized hy this sec- 
 tion. (Pasadena v. Stimson.Ol Cal. 238, 2T"Pac. fi04.) 
 
 Classification must be founded on some constitu- 
 tional or natural distinction, and must not be ar- 
 bitrary. (Darcy v. Mayor, 104 Cal. G42, 38 Pac. 500.) 
 
 The classification mentioned in this section is one 
 that will include all cities and towns. (Desmond v. 
 Dunn 5j Cal. 242.) 
 
 The "McClure Charter" was, therefore, held imcon- 
 stitutional, because it excluded from its operation 
 all municipal corporations, except consolidated city 
 and county governments, and because it was also 
 limited to municipal corporations of over one hundred 
 thousand inhabitants, making no provision for those 
 having less population. (Desmond v. Dunn, 55 Gal. 
 242.) 
 
 An act classifying all municipal corporations in the 
 state into six classes according to population is a 
 general law. (Pritchett v. Stanislaus Co., 73 CaL 
 310, 14 Pac. 795.) 
 
 An act directed at and applicable to one particu- 
 lar named municipal corporation, which talvcs away 
 a large part of Its territory, is special and local. (Peo- 
 ple T. Common Council, 85 Cal. 300. 24 Pac. 727.) 
 
 An act applying to the organization of one particu- 
 lar class of municipal corporations is valid. (Mint- 
 zer V. Schilling. 117 Cal. 301, 40 Pac. 209.) 
 
 While the legislature cannot pass laws touching 
 the organization and incorporation of municipalities 
 excei)t by conforming to tlie requireuKMits of the class- 
 ification act, upon otlior niattei-s it may pass general 
 and uniform laws api)licable either to municipal cor- 
 porations of a given cl;iss or to all of a separate class 
 created by and designated in tlie act itself, provided 
 some plain reason appears for the limitation to a 
 class, where tlie law docs not apply to all nuinieipali- 
 ties wilhiii the same general category, (liauer v. Will- 
 lams, lis Cal. 401, 50 Pac. 091.) 
 
 The act of 1893, providing a special method of col- 
 lecting fees in cities and count i(>s of over one hun- 
 dred thousand inhabitants, although in accordance 
 with the general classification of cities, is not an-
 
 221 cOiXSTiTUTioJ^ OF 1ST9. Art. XI, § G 
 
 thoi-ized by this section, since it only applies to one 
 class without reason why it should not apply to all. 
 (Rauer v. Williams, IIS Cal. 401, 50 Pac. 691.) 
 
 The act of 1S91 creating police courts in cities hav- 
 ing fifteen thousand and under eighteen thousand in- 
 habitants, not being in conformity with the general 
 classification of municipal corporations, is void. (Ex 
 parte Giambonini, 117 Cal. 573, 49 Pac. 732.) 
 
 An act providing for boards of election commis- 
 sioners in cities and counties and comities having one 
 hundred and fifty thousand or more inhabitants is 
 void as an attempt to create a class of municipal cor- 
 porations for a special purpose, without reference to 
 the existing classification by general law. (Denman 
 V. Broderick, 111 Cal. 96, 43 Pac. 516.) 
 
 The legislature cannot by a special act create a 
 class of cities by population of between ten thou- 
 sand and twenty-five thousand, for the purpose of 
 increasing the salaries of policemen in a particular 
 city. (Darcy v. Mayor, 104 Cal. 642, 38 Pac. 500.) 
 
 As to when a city of one class passes from one 
 class to another, see Ex parte Halsted, 89 Cal. 471, 
 26 Pac. 961. 
 
 Formation.— The provision requiring that a "ma- 
 jority of the electors voting at a general election" 
 must determine the question of organization imports 
 that a majority of all the electors voting at the elec- 
 tion is necessary to carry the proposition, and not 
 simply a majority of all the electors who vote upon 
 the proposition. (People v. Berkeley, 102 Cal. 298, 
 36 Pac. 591.) 
 
 In the absence of statutory provisions as to the 
 ownership of property belonging to a school district 
 annexed to a city, real estate belongs to the munici- 
 pality within which it is located as the result of the 
 annexation. (Vei'non etc. Dist. v. Board of Educa- 
 tion, 125 Cal. 593, 58 Pac. 175.) 
 
 An act providing for the annexation of territory to 
 a city upon petition of electors of the municipality, 
 to the exclusion of the annexed territory, is valid, if 
 the residents of the annexed territory are fully pro- 
 tected by requiring a majority of the voters thereof 
 to authorize the annexation. (Vernon etc. Dist. v. 
 Board of Education, 125 Cal. 593, 58 Pac. 175.)
 
 Art. XI, § G CONSTITUTION OF 1879. 222 
 
 The legislature may delegate to municipal boards 
 tbe power and discretion to say whether a railroad 
 shall be laid in the streets, and when and under what 
 conditions. (Areata v. Areata etc. K. R. Co., 92 Cai. 
 639, 2S rac. (576.) 
 
 Where territory is excluded from a municipal cor- 
 poration, the legislature may adjust the burden of the 
 corporate debt. (Johnson v. San Diego, 109 Cal. 4G8, 
 42 Pac. 249.) 
 
 An act providing for the refunding of the indebt- 
 edness of municipal corporations other than cities of 
 the first class is autliorized by this section. (Los 
 Angeles v. Teed, 112 Cal. 319, 44 Fac. 580.) 
 
 Charters.— City charters are subject to and con- 
 trolled by general laws. (Kennedy v. Board of Edu- 
 cation, 82 Cal. 483, 22 Pac. 1042; People v. Ilenshaw, 
 76 Cal. 436. 18 Pac. 413; Ex parte Halsted, 89 Cal. 
 471, 26 Pac. 961; Davies v. Los Angeles. 86 Cal. 37, 
 24 Pac. 771; Ex parte Ah You, 82 Cal. 339, 22 Pac. 
 929; In re Carrillo, 66 Cal. 3. 4 Pac. 695.) 
 
 Prior to the amendment of 1896, the only excep 
 tion to this rule was that such charters were not sub- 
 ject to general laws for the organization and incor- 
 poration of municipal corporations, such as the Mu- 
 nicipal Corporation Act. (People v. Baglev, 85 Cal. 
 343, 24 Pac. 716.) 
 
 This provision does not apply where tliere is no 
 general law on a given subject to which the charter 
 relates. (People v. Howard, 94 Cal. 73, 29 Pac. 485,) 
 The charters of consolidated city and county gov- 
 ernments are subject to tlie control of general laws. 
 (People v. Babcock, 114 Cal. 5.59. 46 Pac, 818.) 
 
 This provision is not to be construed as providing 
 that charter provisions shall be repealed by a general 
 law upon the same subject matter, but only that the 
 operation of the inconsistent charter provision shall 
 be suspended during the paramount ojx'ration of the 
 general law. (Byrne v. Drain, 127 Cal, U{'):\, 60 Pac. 
 433.) 
 
 Cities and towns incorporated previously to the 
 new constitution are subject to and controlled by 
 general laws enacted for the organization of such 
 Kovernmenls, but the charters of such cities and 
 towns remain in force until a majority of the electors
 
 223 CONSTITUTION OF 1S79. Art. XI, § 6 
 
 determine to booome organized under general laws, 
 or to frame a charter for their own government. 
 (Desmond v. Dunn, 5.J Cal. 242; People v. Hammond, 
 no Cal. 0.14. 6 Pac. 741; People v. Pond, 89 Cul. 141, 
 2G Pac. G4S.) 
 
 General laws.— The following have been held to be 
 general laws within the meaning of this section, and 
 to be superior to city charters: The Vrooman Act, 
 providing for street work in municipahties (Thom- 
 ason V. Ruggles, 09 Cal. 4G.j, 11 Pac. 20; Thomason 
 V. Ashworth, 73 Cal. 73, 14 Pac. 615; Anderson v. 
 De Urioste, 96 Cal. 404. 31 Pac. 266); the Hartson 
 Act, providing for the election of county, city and 
 county, and township officers in the even-numbered 
 years (Staude v. Election Commrs., 61 Cal. 313); 
 the provision of section 1001 of the Civil Code, pro- 
 viding for the acquisition of private property through 
 the exercise of the right of eminent domain (Santa 
 Cruz V. Enright, 95 Cal. 105, 30 Pac. 197); the pro- 
 visions of the Political Code as to elections (Frag- 
 ley V. Phelan, 126 Cal. 383, 58 Pac. 923); subdivision 
 6 of section 3617 of the Political Code (Security 
 Sav. etc. Co. v. Hinton, 97 Cal. 214, 32 Pac. 3); the 
 provision of the Political Code that all money per- 
 taining to the public school fund shall be paid into 
 the county treasury (Kennedy v. Miller. 97 Cal. 429, 
 32 Pac. 558); the act of 1889, providing for chang- 
 ing the boundaries of cities (People v. Coronado, 100 
 Cal. 571, 35 Pac. 162). See, also, note to section 25, 
 article 4. 
 
 A provision of a city charter fixing the time dur- 
 ing wliich the polls are to be open during a munic- 
 ipal election is not in conflict with the general law, 
 which only refers to state and county elections. (Peo- 
 ple V. Hill. 325 Cal. 16. 57 Pac. 669.) 
 
 The provision of the charter of l/os Angeles requir- 
 ing contracts with the city to be in writing is not 
 subject to the provisions of the general law as to the 
 execution of contracts in general. (Frick v. Los An- 
 geles. 115 Cal. 512, 47 Pac. 250.) 
 
 Notwithstanding the general law has defined an 
 obstruction to a sidewalk a public nuisance and pun- 
 ishable as such, a, city may make it a misdemeanor 
 to fail to remove an obstruction to a sidewalk, since
 
 Art. XI, § 6 CONSTITUTION OF 1879. 224 
 
 the municipality mifrht lejralize a partial obstruetion 
 of a street. (Ex parte Taylor, 87 Cal. 91. 25 Pac. 258.) 
 
 A provision of a city cliarter prescribing: tlie form 
 of the complaint in all actions to recover city taxes, 
 there being: no provision of the general law on the 
 subject, is valid. (Stockton v. Insurance Co., 73 Cal. 
 621, 15 Pac. 314.) 
 
 A provision of a city charter allowing: an n-'i'ss- 
 ment of city taxes after the first Monday in March 
 was not superseded by section 8 of article 13 of the 
 constitution, since that section only has reference to 
 prospective assessments. (Stockton v. Insurance Co., 
 73 Cal. G21, 15 Pac. 314.) 
 
 Municipal affairs.— The amendment to this section 
 in 1896 is retroactive and applies to all existing chai-- 
 ters, and has the effect to remove the paramount 
 control of general laws in respect to luunicipal af- 
 fairs, and to restore the operation of municipal char- 
 ters In respect to such affairs. (Byrne v. Drain, 127 
 Cal. 663. 60 Pac. 433.) 
 
 But that amendment did not revive provisions of 
 charters which were void when enacted. (Bauaz v. 
 Smith, 21 Cal. Dec. 735.) 
 
 In other words, if the charter when adopted treated 
 of a municipal affair which was afterward pro- 
 vided for by the general laws, the charter provision 
 was revived by the amendment (Byrne v. Drain, 127 
 Cal. 663, 60 Pac. 433); but if at the time of the 
 adoption of the charter a i>rovision thereof was in- 
 consistent Willi the general laws, it was void and Avas 
 not revived by the amendment. (Banaz v. Smitli, 21 
 Cal. Dec. 735.) 
 
 A municipal affair Is one which refers to the in- 
 ternal business affairs of the muTiicipalitv. (Fratrlev 
 V. Phelan. ]2(! Cal. 383, 58 Pac. 92:5) 
 
 The election of a board of frceliohlers and the 
 adoption of a cliarter is not a municipal affair. (Frag- 
 ley V. Phelan, 326 Cal. .383, 58 Pac. 923.) 
 
 This provision does not prevent the annexation 
 of additional territory to a city under an act of the 
 legislature, with the consent of tlie municipality. 
 (People V. Oakland. 123 Cal. 598, 5(5 Pac. 445.) 
 
 Salaries of ollicers of tlie jiolice and fire dei)art- 
 ment of a cit.v ar(> mnnicipal affairs. (Popper v. 
 BToderlck, 12.3 Cal. 456, 56 Pac. 53.)
 
 225 CONSTITUTION OF 1879. Art. XI, § 7 
 
 A conntv affair is not a "municipal affair." (Popper 
 V. Brodeiick, 123 Cal. 450. 4G1, 56 Pac. 53.) 
 
 An act requiring the signature of tlie mayor to tlie 
 tax levy deals with a municipal affair. (Morton v. 
 Broclericlc. 118 Cal. 474, 50 Pac. 644.) 
 
 The opening of streets in a city is clearly a munic- 
 ipal pin-pose. (Sinton v. Ashbury, 41 Cal. 525; Byrne 
 V. Drain, 127 Cal. 663. 60 Pac. 433.) 
 
 The charter of the city and county of San Francisco 
 superseded the Park and Boulevard Act, as that act 
 related to a municipal affair and was inconsistent 
 with the charter. (Fritz v, San Francisco. 132 Cal. 
 373.) 
 
 The municipality is governed by general laws as to 
 municipal affairs as to which the charter is silent. 
 (Fragley v. Phelan, 126 Cal. 383, 58 Pac. 923.) 
 
 Sec. 7. City and county governments may be 
 merged and consolidated into one municipal gov- 
 ernment, with one set of officers, and may be in- 
 oorporated under general laws providing for the 
 incorporation and organization of corporations for 
 municipal purposes. The provisions of this con- 
 stitution applicable to cities, and also those appli- 
 cable to counties, so far as not inconsistent or pro- 
 hibited to cities, shall be applicable to such con- 
 solidated government. [Amendment adopted IsTo- 
 vember G, 1894.] 
 
 [ORIGINAL SECTION.] 
 Sec. 7. City and county governments may be 
 merged and consolidated into one municipal govern- 
 ment, with one set of officers, and may be Incorpo- 
 rated under general laws providing for the incorpora- 
 tion and organization of corporations for municipal 
 purposes. The provisions of this constitution appli- 
 cable to cities, and also those applical)le to counties, 
 so far as not Inconsistent or not prohibited to cities.
 
 Art. XI, § 7 CONSTITUTION OF 1S79. 22G 
 
 shall be applicable to such consolidated government. 
 In consolidated city and county governments, of more 
 than one hundi'ed thousand population, there shall be 
 two boards of supervisors or houses of legislation — 
 one of which, to consist of twelve persons, shall be 
 elected by general ticket from the city and county at 
 large, and shall hold ofiice for the term of four years, 
 but shall be so classified that after the first election 
 only six shall be elected every two years; the other, 
 to consist of twelve persons, shall be elected every 
 two years, and sliall hold office for the term of two 
 years. Any vacancy occurring in the office of super- 
 visor, in either board, shall be filled by the mayor or 
 other chief executive officer 
 
 CONSOLIDATED GOVERNMENTS.— There is no 
 constitutional iuliibitiou against incorporating a por- 
 tion of the inhabitants of a county as a city, or creat- 
 ing a countv out of the territory of a city. (People v. 
 Hill, 7 Cal." 97.) 
 
 The act consolidating the city and county of Pan 
 Francisco, commonly known as the Consolidation Act, 
 Is constitutional. (People v. Hill, 7 Cal. 97.) 
 
 The act to incorporate the city and county of Sac- 
 ramento did not repeal tlie law by which the county 
 of Sacramento was created. The city and county con- 
 stitute a corporation for some i)urpo.st's. wliilc tliey 
 are distinct as to otliers. (People v. Mullins, 10 Cal. 
 20.) 
 
 The city and county of San Francisco is the suc- 
 cessor of the city of San Francisco, which was not 
 destroyed by the consolidation, but cont?inued. (Frank 
 V. Supervisors, 21 Cal. (iCS.) 
 
 Tlie body politic known as the city and county 
 of San Francisco is a municipal corporation, and in 
 matters of government is to be regarded as a city. 
 But the territory over wliicli tliat govenunent is ex- 
 orcised, considered in its political and judicial rela- 
 tions to otlicr portions of the state, is a comity. (Kalin 
 V. Sutro, 114 Cal. '.iH;, U; Pac. S7; Cr()Avl(>y v. Freud, 
 1^2 Cal. 440. liut see Martin v. Election Comnirs., 12(> 
 Cal. 404, 58 Pac. '.r^'2.)
 
 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- 
 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 its 
 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 
 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 genei'al circulation 
 in such city, and ratified by a niajoi'it}^ 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.)
 
 --~ CONSTITUTION. OF 1879. Art. XI, § 8 
 
 The -n'ord "city," when used in the constitution, 
 includes a consolidated city and county. (People v. 
 Hoge, 5.") Cal. G12; 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, JiS 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. (Ex 
 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 v. 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 1S79. 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. A 
 copy of such charter, certified by the mayor, or 
 (;hiof executive ofiicor, and auilicnticatod by the 
 seal of such city, sotting forth the submission of 
 such charter to the electors, and its ratification
 
 221) 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, 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 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. [Eatification 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 freeliolders, who shall have been for 
 at least five years qualified electors thereof, to be 
 Constitution— 20
 
 Art. XI, § 8 CONSTITUTION or 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 sliall then be published in two daily 
 papers of general circulation in such city, or city and 
 county, for at least twenty days, and such publication 
 shall be commenced within twenty (20j days after the 
 completion of the charter, and within not less than 
 thirty days after the completion of such pubUcation, 
 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, 
 Avithout 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 city and county, and shall become theorganic law 
 thereof, and supersede any existing charter and all 
 amendments thereof, and all special laws inconsistiMit 
 with such charter. A copy of sucli 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 chailiM' 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-
 
 231 CONSTITUTION OP 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. 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 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 puljlication of such 
 Xiroposals, 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, § S CONSTITUTION of 1S79. 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 lej^islative 
 authority of said city, or city and county, to the quali- 
 fied electors of said city, or city and county, at s 
 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 organic 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- 
 cation of such proposals, and ratified by at least three- 
 fifths of the qualified el(>ctors voting ther(>at, and 
 approved by the legislature as herein provided for the
 
 233 CONSTITUTION OF 1879. Art. XI. § 8 
 
 approA'al 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 
 oflicer 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 legislature 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 oi'ganic law thereof, and supersede any existing 
 charter and all amendments thereof, and all special
 
 Art. XI, § 8 coxsTiTUTioN OF 1879. 234 
 
 laws inconsistent witti such cliarter. A copy of such 
 cliarter, certified by the mayor, or chief executive of- 
 ficer and authenticated by the seal of sucli city, set- 
 ting fortli 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 at intervals of not less than two 
 years, by proposals therefor submitted by legislative 
 autliority 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. 012.) 
 
 The provisions of this section as to tlie adoption 
 of the charter are mandatory and prohibitory, and 
 a failure to observe tliem will invalidate the charter. 
 (It'ople V. (Junn, 85 Cal. 238, 24 Tac. 718.) 
 
 The purpose of this section was to emancipate 
 nuiiii(ii»al governments from the authority and con- 
 trol formerly exercised over them by the legislature, 
 (i'eople V. lioge, 55 Cal. 012.) 
 
 The right to frame a charter is not a continuing 
 riglit, and after it has been once exercised by the 
 a<l()iiIioii of a charter, the nuiiiirii)ality cannot adopt 
 aiiollicr charter, but must anuMul the one already 
 adopted. (Hlanchard v. llartwcll. i:!l Cal. 2(!:{.) 
 
 The legislature cannot abridge the right given by
 
 235 CONSTITUTION OF 1879. Art. XI. § 8 
 
 this section to cities to adopt cliarters. (People v. 
 Bajjley, S.j Cal. 34.3, 24 Pac. 71ti.) 
 
 A charter is a "statute" within the meaning of 
 section 1022 of the Civil Code. It is also a "law," 
 and also written law. (Frick v. Los Angeles, 115 Cal. 
 512, 47 Pac. 2.''.().) 
 
 A charter must be consistent with the constitution 
 and general laws of the state. But the whole charter 
 Avill not he 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, 
 79 Cal. 173, 21 Pac. 0.52.) 
 
 A cliarter 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. (Ex parte Dolan, 128 
 Cal. 400, 00 Pac. 1094.) 
 
 A city may provide in its charter for taxation for 
 mimicipal purposes. (Security Sav. etc. Co. v. Hinton, 
 97 Cal. 214, 32 Pac. 3.) 
 
 The charter cannot extend its authority outside of 
 the territory of the city. (Kennedy v. Miller, 97 Cal. 
 429, 437, .32 Pac. 558.) 
 
 Freeholders.— The board of election commissioners 
 of San Francisco have power to call an election of 
 freeholders under this section. (People v. Hoge, 55 
 Cal. 012.) 
 
 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. Election 
 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. 012.) 
 
 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 higJiest
 
 Art. XI, § 8 CONSTITUTION OP 1870. 23G 
 
 person is not entitled to a certificate of election. (Peo- 
 ple V. Hecbt, 105 Cal. G21, 38 Tac. 941.) 
 
 The acts of de facto freeholders ai'e valid. (People 
 V. Hecht, 105 Cal. 021, 38 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. 021, 38 Pac. 041.) 
 
 A person Avho 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.) 
 
 Katification.— 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 tra-T^uw 
 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 majorit.y of 
 the members elected to each house of the l(\yishiture 
 by joint resolution, without the approval of the ffov- 
 ei-nor. (Brooks v. Fischer, 70 Cal. 173, 21 Pac. 652.) 
 
 The legislature in approving a freeholders' chaiter 
 does not exercise its law-making power. (People v. 
 Toal. 85 Cal. 333. 24 Pac. G03; I'eople v. Gunn. 85 Cal. 
 238, 24 Pac. 718.) 
 
 The legislature in approving a freeholders' charter 
 cannot conclusively determine Avhether or not the 
 municipal autliorilies and people of tlie city have 
 proceeded regularly in its framinj:: and adoption. 
 (People V. Gunn, 85 Cal. 238, 24 Pac. 718.) 
 
 Effect.— A new charter supersedes the old and all 
 amendments thereto. (People v. Oakland, 92 Cal. 
 611, 28 Pac. 807.) 
 
 A description of the territory of a niuncijial corpora- 
 tion is an ess(!ntial part of the charter, and is sui)er- 
 scded by an entii'cly new chai'ter containing a dilTor- 
 ent (lesciNptidn of tmiiory from tliat contained in the
 
 237 CONSTITUTION OF 1879. Art. XI, § 8 
 
 ori£?inal charter, (rcople t. Oakland, 92 Gal. Gil, 28 
 Pac. 807.;) 
 
 The adoption of a new charter operates, not ex 
 proprio visore, but by virtue of the provisions of the 
 constitution, to supersede the existing charter and all 
 amendments thereto, and althougli sucli charter can- 
 not establish a police court, it will abolish one es- 
 tablished by the former charter. (Ex parte Sparks, 
 120 Cal. 395, 52 Tac. 715.) 
 
 A new charter supersedes the provision of an ex- 
 isting charter establishing a justice's court. (Miner 
 V. Justice's Court, 121 Cal. 204. 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 malving any provision 
 for such officer, it did not supersede the provisions 
 of the Political Code providing for tlie duties of such 
 harbormastei'. (Quigg v. Evans, 121 Cal. 546, 53 Pac. 
 1093.) 
 
 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.) 
 
 Amendmeiits. — 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, 
 131 Cal. 2(53.) 
 
 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 v. Hartwell, 
 131 Cal. 203.-) 
 
 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. (>r'.kland, 123 Cal. 598, 50 Pac. 445.)
 
 Art. XI, § 8^2 CONSTITUTION OF 1879. 238 
 
 A provision in a freeliolders' charter fixing: th? 
 salaries of officers and providing: tliat "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 vot- 
 ing upon the amendments to the charter. (People v. 
 Davie, 114 Cal. 363, 4f> Pac. 150.) 
 
 Sec. 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 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 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, 
 and the number which shall constitute any one 
 of such boards. 
 
 3. For the manner in whicli, the times at 
 which, and the terms for whicli the members of 
 the boards of police commissioners shall be elect- 
 ed or appointed; and for the constitution, rcgula-
 
 239 COASTITUTION OF 1879. Art. XI, § 8% 
 
 tion, compensation, and government of such 
 boards and of the mnnicipal 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 attaches; 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 gov- 
 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 Xovember 3, 1896.] 
 
 PROVISIONS OF CHARTER.— This section is not 
 retroactive, and lias no application to charters pre- 
 viously adopted. (Ex parte Sparks, 120 Cal. 395, 52 
 Pac. 715.) 
 
 Under this provision the freeholders' charter of San 
 Francisco properlj- fixed the manner in which, the 
 times at which, and the terms for which the sev- 
 eral county officers shall be elected or appointed. 
 (Martin v. Election Commrs., 126 Cal. 404, 58 Pac. 
 932.) 
 
 Under this section the charter cannot vest exclusive 
 jurisdiction of certain misdemeanors in the police 
 court, and thus oust the justices' courts of such jiuMs- 
 diction. (I^x parte Dolun, 128 Cal. 400, GO Pac. 1094.)
 
 Art. XI, § 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. 62G.) 
 
 This section does not -apply to incidental expenses 
 of the office, but only to the compensation for ser- 
 vices. (Kirkwood v. Soto. 87 Cal. 304, 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 v. 
 XeAvman, 81 Cal. 588. 23 Pac. 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 v. Austin, 94 Cal. GOl, 28 Pac. 
 834, 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. Oil.) 
 
 An act relieving county oflicers, who were elected 
 prior to the passag<> of tlio act, from the payment 
 of their own assislaiils. is void. (Welsh v. Bramlet, 
 98 Cal. 219, 33 Pac. V>V>.) 
 
 An act increasing the salary of a policeman during
 
 241 CONSTITUTION OF 1879. Art. XI, § 1<) 
 
 his term of office is void. (Darcy v. Mayor, 104 Cal. 
 042, 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 misiht recover for services performed 
 Tinder such contract after the expiration of his terra 
 of office. (Buclv V. Eureka, 109 Cal. 504, 42 Pac. 243.) 
 
 An act increasing: the compensation of county of- 
 ficers cannot constitutionally increase the salaries of 
 Incumbents. (Tulare Co. v. JefCerds, 118 Cal. 303, 50 
 Pac. 427.) 
 
 This prohibition 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 qualify. 
 (Rice V. National' City, 132 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. 
 
 BELEASE OF INDEBTEDNESS.— This section 
 was not intended to embrace a release of doubtful 
 claims which the state may hold against a corpora- 
 tion. (Burr V. Carbondale, 76 111. 455.) 
 
 Constitution— 21
 
 Art. XI, § 11 CONSTITUTION OF 1879. 242 
 
 Sec. 11. Any count}', 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 reculate commerce. (Lin Sing v. 
 Washburn, 20 Cal. 5.34.) 
 
 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. 
 162, 25 Pac. 277.) 
 
 Any restriction of the rights of individuals to pur- 
 sue a lawful avocation must extend to all individmls 
 ^^•ho 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. 9.33.) 
 
 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 disturl)ed 
 by the courts, unless the fundamental rights of the 
 citizen are assailed. (Ex parte Tuttle, 91 Cal. 589, 
 27 Pac. 933.) 
 
 It is not necessary to the exercise of the police 
 power in regulating a business that it shall consti- 
 tute a nuisance per se. (Ex 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 prop(>rty owners, (Ex 
 parte Sing T>ee. 9(> Cal. .354, 31 Pac. 215.) 
 
 Police power is exercised in the enforcement of a 
 penalty prescribed for a noncompliance w'ith law. 
 (Merced County v. Helm, lOli Cal. 159, 36 Pac. 399.)
 
 243 CONSTITUTION OF 1S79. Art. XI, § 11 
 
 The legislature may delegate to boards of super- 
 visors of counties power to pass local, police, and sani- 
 tary regulations. (Ex parte Shrader, 33 Gal. 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, 90 Cal. 605, 31 Pac. 504.) 
 
 This section includes the power to amend an ex- 
 isting ordinance ujion the same subject. (Foster v. 
 Police Commrs., 102 Cal. 483, 37 Pac. 703.) 
 
 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, 100 Cal. 400, 39 Pac. 775; 
 Los Angeles V. Eikenberry, 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 v. Eikenberry, 131 Cal. 401.) 
 
 A city orrlinance is not a general law within the 
 meaning of this section. (Los Angeles v. Eikenberry, 
 131 Cal. 461.) 
 
 A sanitary district is not a municipal eoiiioration, 
 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. 113. 15 Pac. 380.) 
 
 A county ordinance in conflict with a valid general 
 law is A'oid. (San Luis Obispo v. Graves, 84 Cal. 
 71, 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 prohiliiting 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 coxsTiTUTiON OF 1879. 244 
 
 regulate the sale of liquors. (Ex parte Campliell. 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, SG Cal. 232, 24 Pac. 1060.) 
 
 An ordinance undertaking to punish precisely the 
 same acts which are punishable under the general 
 law of tlie state is to be deemed in conflict with such 
 general law. (Bx parte Steplien. 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 eifect of certain acts as 
 evidence is void. (Ex parte Christensen, 85 Cal. 208. 
 24 Pac. 747.) 
 
 A municipal ordinance making it a misdemeanor 1o 
 fail to. remove an obstruction of a sidewallc is not in 
 conflict witli tlie 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 (he pen- 
 alty pi'ovided by the general laws for kindred and 
 more serious offenses, is in conflict with llie general 
 laws, and void. (Ex parte Solomon, 91 Cal. 410, 27 
 Pac. 757.) 
 
 A city ordinance providing that no oiiiuni shall be 
 sold without a prescrii)tion of :i i)l!ysician is not In 
 conflict with the state k-nv prohibiting tlie sale of 
 opium unless a record be kept of the sale and the 
 package marked "poison." (Ex parte Hong Shen, 98 
 Cal. 681. 33 Pac. 799.) 
 
 An ordinance is not inconsistent with tlie general 
 law Jiierely because it makes another and different 
 regulation on the same subject, when there is no di- 
 rect conflict b(>twecn its terms and the pi-ovisions of
 
 245 CONSTITUTION OF 1879. Art. XI. § 11 
 
 the state law. (Ex parte Hong Shen, 98 Cal. G81. 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 oi'dinance is void. (Ex 
 parte Mansfield, lOG 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. 080. 41 Pac. 693.) 
 
 An ordinance forbidding further interment in the 
 oity cemetery is not in conflict with section 30.35 of 
 the Political Code. (La Societa etc. v. San Francisco, 
 1.31 Cal. I(i9.) 
 
 It is competent for a city ordinance to prohibit 
 all games played for money which are not specifically 
 denounced by the statute. (In re Murphv. 128 Cal. 
 29. 60 Pac. 465.) 
 
 The fact that an ordinance proliibiting 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, etc.— 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 tlie principles of the 
 common law, and can have no extraterritorial foi'ce 
 unless by express permission of the sovereign powei'. 
 (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 liave been regarded as unreasonable if it 
 had lieen 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 prescribecl, then the ordinance passed in pur- 
 suance thereof must be a reasonable exercise of the 
 power, or it will be pronounced void. (Ex parte Chin 
 Yan, CO 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. (Ex parte McKenna, 
 126 Cal. 429. 58 Pac. 916.) 
 
 The question of the reasonableness of an ordinance 
 is to be determined by the court from the ordinance, 
 and not by the .lui-y from evidence of facts not ap- 
 pearing upon the face of the ordinance. (Merced 
 County V. Fleming. Ill 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- 
 ce.aled weapons by any person other than i)ublic of- 
 ficers and travelers, without a permit of the police 
 commissioners, and presci-ibing a tine of not less than 
 two hundred and fifty and not exceeding five hundred 
 dollars, or imi)risonment not less than three and not 
 exceedhig six months, or both, does not impose any 
 excessive or unreasonable penalty. (Ex parte Cheney, 
 90 Cal. 617. 27 Pac. 436.) 
 
 An ordinance making a violation thereof punishnble 
 by imprisfinment for ten days and a fine of one hun- 
 dred and fifty dollars, and imprisonment in case of 
 noni)ayment of the fine at the rate of two dollars 
 a day, is not unreasonable. (Ex parte Green, 94 Cal. 
 :}87, 29 Pac. 783.) 
 
 A municipal ordinance permitting a fine of not less 
 than twenty and not m(»n> llian one thous;in<l dollars 
 for visiting a house of ill-fame is unreasonable, and
 
 247 CONSTITUTION OF 1879. Art. XI, § 11 
 
 not in harmony with tlie general law. (In re Ah You, 
 88 Cal. 99, 25 "Pac. 974.) 
 
 Valid ordinances. — In accordance with tlie 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. 
 Tholcke, 113 Cal. 147. 45 Pac. 2G6); 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., 100 Cal. 257, 39 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. 5.58, 
 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 plnce 
 where females are employed (Foster v. Police 
 Commrs., 102 Cal. 483, 37 Pac. 763); 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 (Fx 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 (Ex 
 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
 
 Art. XI, § 11 CONSTITUTION OF 1879. 248 
 
 block in which the business is carried on (Ex parte 
 Christensen, 85 Cal. 208, 24 Pac. 747); an act provid- 
 ing for the exclnsion of all uuvaccinated children 
 from the public schools (Abeel v. Clark. 84 Cal. 22(!, 
 24 Pac. 383); a city ordinance making it nuhnvful to 
 visit a place for the practice of gambling (,Ex parte 
 Lane, 7t! Cal. 587, 18 Pac: 677); an ordinance pro- 
 hibiting the maintenance vrithin the city limits of any 
 tippling-honse. 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. 43); an 
 ordinance prohibiting the alteration or repair of any 
 wooden building within certain designated tire 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 
 Pac. 310); an ordinance prohibiting the keeping of 
 more than two cows within certain portions of a 
 city (In re Linehau, 72 Cal. 114. 13 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. 00 Cal. 149. 10 
 Pac. 327); an ordinance prohibiting the carrying on of 
 a laundry without tlie consent of tlie board of super- 
 visors, except in a brick or stone building iln re 
 Yick Wo. OS Cal. 204. Pac. 130); an ordinance pro- 
 viding that all buildings used as laundries sliall be 
 constructed but one story in height, Avith brick or 
 stone walls, and Avith metal roofs, doors, and window 
 shutters (Ex parte White, 07 Cal. 102. 7 Pac. 180); 
 a provision of a city chdrter prohil)lting the slaughter- 
 ing of animals and tlie maintennvuc of shinuhter- 
 houses within the city (Ex parte Ileilbron. 05 Cal. 
 009, 4 Pac. 048); an ordinance making it unlawful 
 for any person to conduct a laundry within certain 
 limits, without a certificate from the hoallli otticer 
 as to its sanitary con(ntio!i, and a ccrtilicato from 
 one of tlio fire wardens as to the condition of the 
 heating api)liances, and forbidding the operation of 
 s\ny laundry between 10 1'. M. and (i A. ISI., or on 
 Sundays (Ex parte Moynier, 05 Cal. 33, 2 Pac. 728);
 
 249 CONSTITUTION OF 1879. Art. XI, § 11 
 
 an ordinance prohibiting the utterance of profane 
 language in tlie hearing of two or more persons (Ex 
 parte Delaney, 43 Cal. 478); an ordinance forbidding 
 the sale of millv of cows fed upon still slops, etc. 
 (Johnson v. Simonton, 43 Cal. 242); an ordinance 
 making it unlawful to play upon any musical instru- 
 ment, etc., in any saloon, etc., after midnight (Ex 
 parte Smith & Keating, 38 Cal. 702); an ordinance 
 making it unlawful for any female to be in any 
 saloon, etc., after midnight (Ex parte Smith & Keat- 
 ing, 38 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. Dec. 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. 50 Pac. 315); a county ordinance making 
 it unlawful to establish, extend, or 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. 15.3); a mu- 
 nicipal ordinance, not prohibiting all burials within 
 the city, but merely prohibiting further purchases of 
 cemeterv lots, and allowing burials in !ots .ilready 
 purchased (Ex parte Bohen. 115 Cal. 372, 47 Pac. 55): 
 an ordinance regulating rates of transportation of a 
 street railwav 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 briclv 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. 73. 32 Pac. 870); 
 an ordinance prohibiting the carrying on of a public
 
 Art. XI, § 11 cojfSTiTUTiON 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 ma.iority 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 (Ex 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 
 v."ork 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 (Ex 
 parte Knapp. 127 Cal. 101. 59 Pac. 315): an ordinance 
 prohibiting the employment of females in dance-halls, 
 etc. CMatter of ^Nlaguire. 57 Cal. 604. But see Ex 
 parte Felchlin, 90 Cal. 300, 31 Pac. 224.) 
 
 License regulations. — An ordinance reqiiiring a 
 license tax from all peddlers of meat, fish, vegetables, 
 fruit, srame. poultiy, etc., is valid. (Ex parte Hevl- 
 man. 92 Cal. 492. 28 Pac. 075.) 
 
 An ordinance requiring a license to be obtained by 
 every person who at a fixed place of Inisiness sells 
 any goods, etc., is authorized by this section. (Ex 
 parte Mount, 00 Cal. 448, Pac. 78: 8an Luis Obispo 
 V. Greenborg. 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 M-ho 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, lierding. or pasturing 
 sheep in the county to pay an annual license of lifty 
 dollars for every Ihousjind sheep is valid. (Ex parte 
 Mirande, 73 Cai. 305. 14 Pac. 888.) 
 
 An ordinance levying a license tax upon all sheep 
 which are p;isttn-ed in the count.v. excejtt slieep listed 
 as taxable projjerty in tiie count.v, and upon which
 
 251 CONSTITUTION OF 1879. Art. XI, § 11 
 
 taxes are paid, is not a valid police rejjnlation. (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 required of merchants doing the largest busi- 
 ness, is unreasonable and void. (Ex parte McKenna, 
 126 Cal. 420. .58 Pac. 910.) 
 
 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, C9 Cal. 88, 
 10 Pac. 2G1.) 
 
 A county may impose a license tax upon the sale 
 of spirituous liquors. (Ex parte Wolters, G5 Cal. 2G9, 
 3 Pac. 894.) 
 
 An ordinance making it a misdemeanor to sell 
 liquors without a license is a valid police regulation. 
 (In re Stuart. Gl 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. 
 4.j8, 11 Pac. 757.) 
 
 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- 
 <lred dollars upon the business of selling spirituoiis 
 liquors within the city limits is valid. (Ex parte Mc- 
 Nally, 73 Cal. 632. 15 Pac. 368.) 
 
 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 coxsTiTUTiON 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 
 Blclierstaff, 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, 43 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. (I>os 
 Angeles v. Eikenberry, 131 Cal. 461.) 
 
 A county ordinance imposing a liquor license tax 
 of thirteen dollars per mouth is reasonable. (Los 
 Angeles v. Eikenberry, 131 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 tlio wliole 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. 113, 1,5 I'ac. 380.) 
 
 The legislature cannot directly exercise the power 
 of assessment within an incori)orated 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 i)r()]>erty of a miuiicipal corjioratioii for 
 municipal purjioses, and may for sncli purposes so 
 control its affairs by appropriate legislation as ulti-
 
 253 CONSTITUTION OF 1870. 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. IBank 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 v. Carpenter, 102 Cal. 469, 36 Pac. 
 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. etc. Co. v. Hinton, 97 
 Cal. 214, 32 Pac. 3.) 
 
 The words "corporate authorities thereof" are to 
 be construed distributively as referring to the gov- 
 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 onlv. (Board of Education v. Board of 
 Trustees, 129 Cal. 599, 62 Pac. 173.) 
 Constitution — 22
 
 Art. XI, § 12 CONSTITUTION OF 1879. 254 
 
 The provision of the fee bill of 1S05, 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. 113, 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 v. Tobprman, 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 Eureka liable 
 for the expense of work on Humboldt hay outside of 
 the city — that provision having been enacted prior to 
 the new constitution. (Quigg v. Evans, 121 Cal. 546, 
 53 Pac. 109^> 
 
 License taxes.— .\ license tHx graduated acoordini,' 
 to the amount of the monthly sales of the merchanx
 
 255 constitutioin^ of 1879. Art. XI, § 12 
 
 is valid, since it applies uniformly to all persons 
 in the same category. (Sacramento v. Crocker, 16 
 Oal. 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. (Ex parte 
 Ah Pong, 19 Cal. lOG.) 
 
 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 
 sectiou. 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, etc., 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. (El 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 inke out a license and to pay 
 tiaerefor, 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 iutoxicat-
 
 Art. XI, § 13 CONSTITUTION OF 1879. 256 
 
 ing liquor to pay a license tax, should be construed 
 as a tax upon the business. (Ex parte Mansfield, lOG 
 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. v. 
 Clay. 112 Cal. 65, 44 Pac. 4SS.) 
 
 This section does not prohibit the legislature from 
 enacting a law preventing counties, cities, etc., from 
 levying and collecting a license tax for revenue. (Ex 
 parte Pfirrman, 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, wliether 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 ap])lies only to legislation en.Tcted after 
 Its ado})tion. (Commissioners v. Trustees, 71 Cal. 
 310, 12 Pac. 224.) 
 
 The legislature m.iy direct a municipality to audit 
 and allow claims Mg.iiiist tlie municii)allty. (Peojjle 
 y. Supervisors, 31 Cal. 206.) 
 
 Tiiis section (Minally forl)ids the legislature from 
 delegating to a municipal corporation power to do
 
 257 CONSTITUTION OF 1879. Art. XI, § 13 
 
 what the legislature is itself forbidden from doins? 
 by this section. (Yarnell v. Los Angeles, 87 Cal. 60.3, 
 25 Pac. 7G7.) 
 
 The legislature has no control over funds of .i 
 municipality except to appropriate them for muniri- 
 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 v. Reis, 80 Cal. 
 266, 22 Pac. 176.) 
 
 Where an act leaves it discretionary with the local 
 legislative body whetlier 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 v, 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 
 Soe. 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 
 Pac. 771.) 
 
 The act of 1801, 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 v. Fruit- 
 vale Sanitary Dist, 99 Cal. 554, 34 Pac. 239.) 
 
 An ordinance providing that municipal bonds shall 
 be payable outside of the state, at a bank in New 
 Yorlc, 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 banls 
 in another county, does not constitute such bank a 
 custodian of county funds, or the agent of either 
 party. (Mack v. Jastro, 126 Cal. 130, 58 Pac. 372.) 
 
 A statute conferring upon the supervisors power to 
 license individuals to take tolls on a public road, as
 
 Art. XI, §§ 14-16 coNSTiTUTiox of 1879. 25S 
 
 compensation for keeping the road in repair, is not 
 in violation of this provision. (Blood v, 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. Mav, 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 v. 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. ol" I lie 
 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. IG. All moneys, assessments, and taxes 
 belonging to or collected for the use of any county, 
 city, town, or other pul)lic or municipal corpora- 
 tion, coming into the liands of any officer thereof,
 
 259 CONSTITUTION OF 1S79. 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 
 tliose ofticers wlio rightfully or officially receive 
 money for the county. (San Luis Obispo v. Farnum, 
 108 Cal. 502, 41 Pac. 445.) 
 
 The words "legal depositary" do not ineludp a 
 private individual or corporation. (Yarnell v. Los 
 Angeles, 87 Cal. G()3, 25 Pac. 767.) 
 
 An ordinance providing that municipal bonds shall 
 be payable outside of the state, at a banli in New 
 York, is in violation of this provision. (Los Angeles 
 V. Teed, 112 Cal. 310. 44 Pac. 580.) 
 
 Funds of a school district are not subject to the 
 control of the county. (Pacific etc. 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. G03, 25 Pac. 767.) 
 
 Sec. 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. ISTo county, city, town, township, 
 board of education, or school districts, shall in- 
 cur any indebtedness or liability in any manner 
 or for any purpose exceeding in any year the in-
 
 Art. XI, § 18 CONSTITUTION OF 1879. 2G0 
 
 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 he 
 made for the collection of an annual tax suth- 
 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, Jiou'ever, 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- 
 gregate 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 Vallojo, 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
 
 261 CONSTITUTION OF 1870. Art. XI, § 18 
 
 statute of limitations shall apply in any manner. 
 Any indebtedness or liability incurred contrary to 
 this provision, with the exceptions hereinbefore 
 recited, shall be void. [Amendment adopted ISTo- 
 vember 6, 1900.] 
 
 [AMENDMENT OP 1892.] 
 Sec. 18. No county, city, town, township, board 
 of education, or scliool district, shall incur any indebt- 
 edness or liability, in any manner, or for any purpose, 
 exceeding in any year the income and revenue pro- 
 vided for it 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 imless, 
 before or at the time of incurring such indebtedness, 
 provision shall be made for the collection of an an- 
 nual tax sufficient to pay the interest on such indebt- 
 edness as it falls due, and also provision to constitute 
 a sinking fund for the payment of the principal there- 
 of on or before maturity, which shall not exceed forty 
 years from the time of contracting the same. Any 
 indebtedness or liability incurred contrary to this 
 provision shall be void. [Ratification declared Decem- 
 ber 30, 1892.] 
 
 [ORIGINAL SECTION.] 
 Sec. 18. No county, city, town, township, board 
 of education, or school district, shall incur any indebt- 
 edness or liability in any manner or for any purpose, 
 exceeding in any year the income and revenue pro- 
 vided for it 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, be- 
 fore or at the time of incurring such indebtedness, 
 provision shall be made for the collection of an an- 
 nual tax sufficient to pay the interest on such in-
 
 Art. XI, § 18 coNSTiTUTiox OF 1879. 2G2 
 
 debtedness as it falls due, and also to constitute a 
 sinliing fund for the payment of the principal thereof 
 within tM^enty years from the time of contracting 
 the same. Any indebtedness or liability incurred con- 
 trary to this provision shall be void. 
 
 MUNICIPAL INDEBTEDNESS.— This provision is 
 to be naturally and reasonably construed as pro- 
 viding that all legitimate indebtedness of the mu- 
 nicipality must not exceed all the revenues and in- 
 come provided for that year. (Higgins v. San Diego, 
 131 Cal. 294.) 
 
 It refers only to the acts or contracts of the city 
 and not to liabilities which the law may cast upon 
 her. (McCraken v. San Francisco. 16 Cal. 591; Lewis 
 v. Widber, 99 Cal. 412, 33 Pac. 1128.) 
 
 It does not apply to the payment of the salaiT of 
 a public officer, whose office has been created and 
 salarv fixed by law. (Lewis v. Widber, 99 Cal. 412. 
 33 Pac. 1128.) 
 
 It does not apply to the obligation of a city to 
 return money which she has received by mistake or 
 without authority of law. (Argenti v. San Fran- 
 cisco, 16 Cal. 25.^.) 
 
 Under this section no indebtedness or liability can 
 be incurred by a municipality (except in the manner 
 therein provided), exceeding in any year the income 
 and revenue actually i-eceived by it. Each year's in- 
 come and revenue must pay each year's indebtedness 
 and liability, and no indebtedness or lialiility incurred 
 in any one yenr can be paid out of the income of any 
 future year. (San Francisco Gas Co. v. Brickwedel, 
 62 Cal. '641; Schwnrtz v. Wilson. 75 Cal. 502. 17 Pao. 
 449; Smith v. Broderick, 107 Cal. 644. 40 Pac. 1033; 
 Weaver v. San Francisco, 111 Cal. 319. 43 Pac. 972; 
 Montague v. English, 119 Cal. 225. 51 Pac. 327.) 
 
 The fact that tlie obligation is reduced to .iudg- 
 ment and a special tax levied and collected for its 
 pavraent does not alter the case. (Smith v. Bi-od- 
 erick, 107 Cal. 644. -10 Pac. lOX',: Goldsmith v. San 
 Francisco. 115 Cal. 36. 4(5 Pac. 816.) 
 
 A creditor of the city does not acquire a right to 
 be paid out of the income for any subsequent year 
 on the ground that the funds were depleted by a
 
 263 CONSTITUTION OF 1879. Art. XI, § IS 
 
 large excess in the expenses of a general election 
 over the estimate made by the supervisors. (Weaver 
 V. San Franci&co, 111 Cal. 319, 43 Pac. 972.) 
 
 The income provided for a county during a given 
 fiscal year must be npplied to the payment of the 
 county indebtedness incurred during such year, be- 
 fore the payment of any indebtedness of a preceding 
 jear can be made tlierefrom. (Shaw v. Statler, 74 
 Cal. 258, 15 Pac. 8.33.) 
 
 Moneys of a previous fiscal year, remaining in the 
 treasury in a sulisequent year, are not part of the 
 fund of that subsequent year, but they remain a 
 part of the fund of the previous year, and a claimant 
 of that fund cannot be robbed of his due by a techni- 
 cal transfer. (Bilby v. McKenzie, 112 Cal. 113, 44 
 Pac. 341.) 
 
 Where the revenue of one fiscal year has been ex- 
 hausted, the city officers cannot, for the purpose of 
 pi'oviding for the present needs of the municipality 
 during the remainder of the year, incur debts to be 
 met in a subsequent year, except in the manner pro- 
 vided in this section. (Bradford v. San Francisco, 
 112 Cal. 537, 44 Pac. 912.) 
 
 This section does not prohibit the auditing of de- 
 mands for salaries, although the aggregate amount 
 of the salaries for a given year would exceed the 
 amount limited by the board of supervisors for the 
 payment of such salaries during that year. (Welch 
 V. Strother, 74 Cal. 413, 10 Pac. 22.) 
 
 This section does not apply to irrigation districts. 
 (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 272.) 
 
 A contract for future annual payments for a sewer 
 farm is not a present liability. (McBean v. Fresno, 
 112 Cal. 159. 44 Pac. 3-58; Smilie v. Fresno, 112 Cal. 
 311, 44 Pac. 5.56; Higgins v. San Diego Water Co., 118 
 Cal. 524. 45 Pac. 824, 50 Pac. 670.) 
 
 Sections 4445 to 4449 of the Political Code are not 
 in conflict with this section, since they only provide 
 for a change in the form of the evidence of the in- 
 debtedness, and not for the creation of new indebt- 
 edness. (Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 
 580.) 
 
 An action by a taxpayer will lie to enjoin the offi- 
 cers of a city from incurring any indebtedness in
 
 Art. XI, § 18 CONSTITUTION OF 1879. 204 
 
 violation of tliis provision. (Bradford v. San Fran- 
 cisco, 112 Cal. 537, 44 Pac. 912.) 
 
 A claim arising under a contract for the burial of 
 the indigent dead is within this provision. (Pacific 
 "Undertakers v. Widber. 113 Cal. 201, 45 Pac. 273.) 
 
 The fact that the indebtedness is incurred for an 
 Tirgent necessity will not take the case out of this 
 provision. (Buck v. Eureka, 119 Cal. 44. 50 Pac. 1065.) 
 
 Notwithstanding this provision, a judgment against 
 a municipality should be in form a general judgment, 
 although it and the liability on which it is based 
 can only be paid out of the municipal revenues of 
 the fiscal year in which the liability was incurred. 
 (Buck V. Eureka. 119 Cal. 44, 50 Par. 10C-^^ 
 
 An implied liability of a city is within the pro- 
 hibition of this section. (Buck v. Eureka. 124 Cal. 
 m. 56 Pac. 612.) 
 
 An implied liability for services rendered by an at- 
 torney of the city is incurred when, from time to 
 time, the services were fully rendered, and the city, 
 with knowledge, accepted the benefit of them. (Buck 
 V. Eureka, 124 Cal. 61. 56 Pac. 612.) 
 
 In an action concerning the validity of a municipal 
 obligation, it is error to reject evidence of the con- 
 dition of the treasury at the time it was incurred. 
 (Buck V. Eureka, 121 Cal. 61, 56 Pac. 612.) 
 
 Although there may be no money in the fund out 
 of which a liability is payable at the time it is cre- 
 ated, still, if at the end of the fiscal year there is 
 money in such fund, it may be applied to such lia- 
 bility. (Higgins V. San Diego. 131 Cal. 294.) 
 
 This section only requires the assent of two-thirds 
 of such electors as vote on the proposition of in- 
 curring the indebtedness, and not two-thirds of those 
 votinsr at the election. (Howland v. Supervisors, 109 
 Cal. 152, 41 Pac. 864) 
 
 The fact that the election is held at the same time 
 and place as the general election <loes not afi'ect 
 the character of the election, (llowland v. Super- 
 visors, 109 Cal. 152, 41 I'ac. S64.) 
 
 This section does not re(iuire that at the time of 
 the sale or issuance of the l)on(ls, or the incuri'ing 
 of the bonded indebtedness, a sinking fund or interest 
 tax l)e levied, but only tliat provision shall be made
 
 265 CONSTITUTION OF 1870. Art. XT, S 19 
 
 for their collection. (Howland v. Supervisors, 109 
 Cal. 152, 41 Pac. 864.) 
 
 As to the sufficiency of the notice of the election, 
 see Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 580. 
 
 Sec. 19. In any city where there are no pub- 
 lic works owned and controlled by the mnnicipal- 
 ity for supplying the same with water or artificial 
 light, any individual, or any company duly in- 
 corporated for such purpose, under and by au- 
 thority of the laws of this state, shall, under the 
 direction of the superintendent of streets, or other 
 officer in control thereof, and under such general 
 regulations as the municipality may prescribe, 
 for damages and indemnity for damages, have 
 the privilege of using the public streets and 
 thoroughfares thereof, and of laying down pipes 
 and conduits therein, and connections therewith, 
 so far as may be necessary for introducing into 
 and supplying such city and its inhabitants either 
 with gaslight, or other illuminating light, or 
 with fresh water for domestic and all other pur- 
 poses, upon the condition that the municipal gov- 
 ernment shall have the right to regulate the 
 charges thereof. [Ratification declared February 
 13, 1885.] 
 
 [ORIGINAL SECTION.] 
 Sec. 19. No public work or improvement of any 
 description whatsoever shall be done or made, in any 
 city, in, upon or about the streets thereof, or other- 
 wise, the cost and expense of which is made charge- 
 able or may be assessed upon private property by 
 Constitution— 23
 
 Art. XI, § 19 CONSTITUTION OF 1879. 266 
 
 special assessment, unless an estimate of such cost 
 and expense shall be made, and an assessment, in 
 proportion to benefits, on the property to be affected 
 or benefited, shall be levied, collected, and paid into 
 the city treasury before such work or improvement 
 shall be commenced, or any contract for letting or 
 doing the same autliorized or performed. In any 
 city -where there are no public worlds owned and con- 
 trolled by the municipality, for supplying the same 
 with water or artificial light, any individual, or any 
 company duly incorporated for such purpose under 
 and by authority of the laws of this state, shall, un- 
 der the direction of the superintendent of streets, or 
 other officer in control thereof, and under such gen- 
 eral regulations as the municipality may prescribe for 
 damages and indemnity for damages, have the priv- 
 ilege of using the public streets and thoroughfares 
 thereof, and of laying down pipes and conduits there- 
 in, and connections therewith, so far as may be nec- 
 essai'y for introducing into and supplying such city 
 and its inhabitants either with gaslight or other il- 
 luminating light, or with fresh water for domestic 
 and all other purposes, upon the condition that the 
 municipal government shall have the right to regu- 
 late the charges thereof. 
 
 WATER AND LIGHT.— The word "city," used In 
 this section, includes "town." (Pereria v. Wallace, 
 129 Cal. 397, 02 Pac. 61; People v. Stephens, 62 Cal. 
 209.) 
 
 The provision of the act of 1S58, requiring water 
 companies to furnish v/ater free of charge to cities 
 and counties, was abrogated by this section. (Spring 
 Valley W. W. v. San Francisco, 01 Cal. IS.) 
 
 The board of supervisors has no power to delegate 
 to a commission tlie power to fix the rates to be paid 
 by the county for gas. Fait wliere tlie board after- 
 ward ratifies tlie rates fixed by the commission. t!ie 
 final determination with respect to the rates is ex-
 
 267 CONSTITUTION OF 1879. Art. XI, § 19 
 
 ercised by tho board, and is valid. (San Francisco 
 Gas Ck). V. Dunn. 62 Cal. 580.) 
 
 This section does- not deprive the right to collect 
 rates for water of its character of a franchise. 
 (Spring Valley W. W. v. Schottler, 62 Cal. 69.) 
 
 Although a contract fixing the price of gas may 
 be void, still if the gas is actually furnished to and 
 used by the municipality, the board may allow for 
 its payment such sum as it is reasonably worth. 
 (San Francisco Gas Co. v. Dunn. 62 Cal. 580.) 
 
 In the absence of an express limitation, a contract 
 by the board as to rates for the term of five years 
 will not be held unreasonable. <San Francisco Gas 
 Co. V. Dunn. 62 Cal. 580.) 
 
 The question of what is a reasonable rate is a 
 question of fact. (Redlands etc. Co. v. Redlands, 
 121 Cal. 312, 53 Pac. 791.) 
 
 The water company is not entitled to be reimbursed 
 from the income dei'ived fi-om the rates for interest 
 upon its indebtedness, nor for depreciation of its 
 plant, aside from the amount requisite for its main- 
 tenance and repairs during the year. (Redlands etc. 
 Co. V. Redlands, 121 Cal. 312, 53 Pac. 791.) 
 
 The bonded or other indebtedness of the company 
 Is not to be considered; but the fair value of the prop- 
 erty which is necessarily used in furnishing the water 
 is the basis upon which to determine the amount of 
 revenue, which shoiild be the same whether the 
 works are acquired or constructed by the company 
 with its own resources, or with money borrowed from 
 others. (Redlands etc. Co. v. Redlands, 121 Cal. 365, 
 53 Pac. 843.) 
 
 The company has no absolute right to receive a 
 given per cent, on its capital stock. (Redlands etc. 
 Co. V. Redlands, 121 Cal. 365. 53 Pac. 843.) 
 
 The rights of the public, as well as those of the 
 stockholders, are to be considered: and the public 
 cannot be subjected to imreasonable rates in order 
 simply that stockholders may have dividends. The 
 company has the right to receive only what, under 
 all the circumstances, is such compensation as will 
 be just to it and to the public. (Redlands etc. Co. v. 
 Redlands. 121 Cal. 365, 53 Pac. 843.)
 
 Art. XI, § 19 CONSTITUTION OF 1879. 268 
 
 An ordinance requiring a special permission to be 
 obtained from the board of supervisors, before streets 
 can be obstructed, is reasonable. (Mutual Electric 
 etc. Co. V. Asbworth, 118 Cal. 1, 50 Pac. 10.) 
 
 Under this section the city may require special per- 
 mission from the city befoi'e poles can be erected in 
 the streets by an electric light company; and the mere 
 fact that the permission is granted to one company 
 and unjustly refused to another will not entitle the 
 latter to enjoin the city authorities from interfering 
 with the erection of sucli poles — the proper remedy 
 being to compel the granting of the permit by man- 
 damus. (Mutual Electi-ic etc. Co. v. Ash worth, 118 
 Cal. 1. 50 Pac. 10.) 
 
 A statute requiring municipalities to sell franchises 
 for laying pipes, etc.. to the higliest bidder is void. 
 (Pereria v. Wallace, 129 Cal. 307, 62 Pac. CI.) 
 
 See, further, as to water rates, note to section 33, 
 article 4, and section 1, article 14. 
 
 STREET ASSESSMENTS.— The "front-foot" meth- 
 od of assessment is valid. (Hadley v. Dague. 130 Cal. 
 207, 02 Pac. 500; Cohen v. Alameda, 124 Cal. 504. 57 
 Pac. 377; Chambers v. Satterlee, 40 Cal. 497; Emery 
 V. San Francisco Gas Co., 28 Cal. 345; Emery v. Brad- 
 ford, 29 Cal. 75; Taylor v. Palmer, 31 Cal. 240; Whit- 
 ing V. Quacl^enbush. 54 Cal. 300; Whiting v. Town- 
 send, 57 Cal. 515; Lent v. Tillson. 72 Cal. 404, 14 Pac. 
 71; Jennings v. Le Breton, 80 Cal. 8, 21 Pac. 1127; 
 San Francisco Pav. Co. v. Bates. 22 Cal. Dec. 302; 
 Banaz v. Smith, 21 Cal. Dec. 735.) 
 
 An assessment for improving a street is a tax. and 
 must be levied with equality and uniformity. (Whit- 
 lug V. Quaclcenbush, 54 Cal. 300.) 
 
 A contract for a street improvement, made before 
 the new constitution went into effect, is not affected 
 by its provisions, and the granting of an extension 
 of time for the pcrfurmauce of the same is not a 
 new contract. (Oakland Pav. Co. v. Barstow, 79 Cal. 
 45, 21 Pac. 544; Ede v. Cogswell. 79 Cal. 278, 21 Pac. 
 7(i7; Ede v. Kniglit. 93 Cal. 159, 28 Pac. 8(!0.) 
 
 The provisions of tliis section in its original form 
 were self-executing, and the provisions of the act of 
 1872, relating 1o street inii)n)vements in San Fran- 
 cisco, and authorizing tlie superintendent of streets to
 
 269 CONSTITUTION OP 1879. Art. XT, § 19 
 
 execute contracts for such improvements in advance 
 of the levy and collection of the assessment, were 
 inconsistent with it, and ceased to be operative when 
 it went into effect. (McDonald v. Patterson, 54 Cal. 
 245; Donahue v. Graham, Gl Cal. 270.) 
 
 The act of 18G3, providing for the widening of 
 streets in San Francisco by agreement with the own- 
 ers, was not in conflict with this section. (San Fran- 
 cisco v. Kienian, 98 Cal. 614, 33 Pac. 720.) 
 
 The provision of the charter of San Francisco for 
 maliing a contract for street worli before an assess- 
 ment had been levied and collected was; repealed by 
 this section, and was not revived by the constitu- 
 tional amendment dispensing with the necessity of 
 such levy and collection. (Thomason v. Ruggles, 69 
 Cal. 465, 11 Pac. 20; Thomason v. Ashworth, 73 Cal. 
 73, 14 Pac. 615.) 
 
 The amendment to this section in 1885 was legally 
 adopted. (Oalvland Pav. Co. v. Tompkins, 72 Cal. 5, 
 12 Pac. 801; Thomason v. Ashworth, 73 Cal. 73, 14 
 Pac. 615; People v. Strother, 67 Cal. 624, 8 Pac. 383. 
 But see Oakland Pav. Co. v, Hilton, 69 Cal. 479, 11 
 Pac. 3.)
 
 Art. XII CONSTITUTION OF 1879. 270 
 
 AETICLE XII. 
 CORPORATIONS. 
 
 § 1. Corporations to be formed under creneral laws. 
 
 § 2. Dues to be secured by individual liability, etc. 
 
 § 3. Stockholders to be individually liable. 
 
 § 4. Corporations construed. 
 
 § 5. Banking: prohibited. 
 
 § 6. Existing charters, when invalid. 
 
 § 7. Charters not to be extended, nor forfeiture re- 
 mitted. 
 
 § 8. All franchises subject to the right of eminent 
 domain. 
 
 § 9. Restrictions on powers of corporations. 
 
 § 10. I>iabilities of franchise under lease or grant. 
 
 § 11. Corporation stock, restriction on issue of. 
 
 § 12. Election of directors— Cumulative or distribu- 
 tive votes. 
 
 § 13. State not to loan its credit nor subscribe to 
 stock of corporations. 
 
 § 14. Corporations to have office for traasactiou of 
 business in stocks. 
 
 § l!"). Foreign corporations, conditions. 
 
 § If). Corporations, whore to be sued. 
 
 § 17. Transportation companies, rights and liabili- 
 ties of. 
 
 § 18. Officers of corporations, restricti(tn as to in- 
 terests. 
 
 § 19. Free passes on railroads j)rolubited to state 
 officials.
 
 271 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 raiU-oad 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 is not 
 limited by the constitution. (People v. Levee Dist. 
 No. 0, 131 Cal. 30.) 
 
 Prior to the new con.stitution, a reclamation dis- 
 trict WHS held to be a public corporation, which could 
 be created bv 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- 
 ])liance with tlie provisions of the Civil Code. 
 (Blalveslee v. Hall, 94 Cal. 150, 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. XII, § 1 CONSTITUTION OF 1879. 272 
 
 more tban one county is not in violation of tliis sec- 
 tion. (People V. Central Pac. R. R. Co.. 105 Cal. 576, 
 38 Pac. 905. People v. Central Pac. R. R. Co., 83 Cal. 
 393, 23 Pac. 303, overruled.) 
 
 An act "to establish water rates in the city antl 
 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. COS; Spring 
 Valley W. W. v. Brvant, 52 Cal. 132; 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 etc. 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 incorponite within a given 
 time, is a grant to the corporation, and void. (San 
 Francisco v. Spring Valley W. AV., 48 Cal. 493; Cali- 
 fornia State Tel. Co. v. Alta Tel. Co., 22 Cal. 398, 
 disapproved.) 
 
 Under this section the legislature cannot by special 
 act cliange the name of a corporation, but ni;iy by 
 general law provide for such chaiige by the superior 
 court upon npplication of the incorporators. CNIntter 
 of La Societf Francaise, etc., 123 Cal. 525. 5(> Pac. 
 458. See, also. Pacific Banlv 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. Rut see San Francisco v. Spring Valley 
 W. W.. 48 C:il. 493.) 
 
 "Where a frnnchise is conferred by the legislature 
 to certain individunls to supply a town with water, 
 and tliey afterward sell sucli franchise to a corpo- 
 ration, this section is not violated. (S:in Luis Water 
 Co. V. Estrada, 117 Cal. 108, 48 I'ac. 1075. San Fran- 
 cisco V. Spring Valley W. AV., 48 Cal. 493, distin- 
 guished.) 
 
 An act conferring flie power of appointing boards 
 of examiners ujxiu llu-ec named societies, wliioli are
 
 273 CONSTITUTION OF 1879. Art. XII, § 2 
 
 said to be "existing? corporations," held not to be in 
 ooutiict 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. 1G4, 19 Pac. 237; E-x parte Johnson, 62 
 Cal. 2(33.) 
 
 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 stoclc- 
 holders' personal liability. (Santa Rosa Nat. Bank v. 
 Barnett, 125 Cal. 407, 58 Pac. 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 cliarter of foreign cor- 
 porations doing business in tliis state. CTohnson v. 
 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 l>e 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 
 tlie will of the dissenting stockholders. (Market Street 
 By. 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. IMcDonald, 111 Cal. 57, 43 
 Pac. 418.) 
 
 Sec. 2. Dues from corporations shall he se- 
 cured by such individual liability of the corpo-
 
 Art. XII, § 3 CONSTITUTION OF 1S79. 274 
 
 rators and otlier means as may be prescribed by 
 law. 
 
 Sec. 3. Each stocldiolder 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 
 tenn of office of such director or trustee. 
 
 STOCKHOLDERS' LIABILITY— In general— Un- 
 der this section a stoc-kliolder cannot be exempted 
 bv law from his individual liability. (McGowan v. 
 McDonald. Ill Cal. 57, 43 Pac. 41S.) 
 
 A somewhat similar provision of the former con- 
 stitution was held not to be self-executing. (French 
 V. Teschemaker, 24 Cnl. 518.) 
 
 The former constitution left it to the lejiislature 
 to prescribe the rule by Miiich each stockholder's 
 proportion should be ascertained. (Larrabee v. Bald- 
 Avin, 35 Cal. 1.55.) 
 
 Under the former constitution it was held that 
 any one creditor, whose debt was suflicient, miurht 
 collect from one particular stockholder the entire 
 amount of his lialtilitj' on all the corporate debts, 
 leaving him to seek contribution out of his co-stock- 
 holders. (IvJirrabee v. r.ahhvin, 35 Cal. 15.5.) 
 
 While it has never been decided Avhether or not 
 this rule applies uuder the present constitution, it has
 
 275 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 anj"^ stockholder for his proportion of the in- 
 debtedness of the company to such creditor, without 
 reference to the other delfts of the corporation. (Mor- 
 row V. Superior Court, 64 Cal. 383, 1 Pac. 354.) 
 
 An act autliorizing the formation of corporations, 
 witliout attaeliinff to the stoclvholders an individual 
 liability would be imconstitutional. 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 v. Tesche- 
 maker, 24 Cal. 518.) 
 
 A depositor in a savings banlc does not waive the 
 personal liability of the stockholders by an unsigned 
 agreement printed in the boolv of each depositor, nor 
 by a printed release of liability inserted in the signa- 
 ture-boolv. to which no S7)ecial subscription was made 
 by the depositors. (Wells v. Black, 117 Cal. 157, 48 
 Pac. 1090.) 
 
 A by-laAV of a coiTioration that the stockholders 
 fchall not be personally liable for the delits 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 
 creation 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. (French v. 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. 44G, 40 Pac. 557; Knowles v. San- 
 dercock, 107 Cal. 629, 40 Pac. 1047.)
 
 Art. XII, § 3 CONSTITUTION OF 1879. 2H> 
 
 This provision applies to corporations formed be- 
 fore as well as after the adoption of the new consti- 
 tnfion. (McGowan v. McDonald, 111 Cal. 57, 43 Fac. 
 41 S.) 
 
 Under 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- 
 lion. (Ferguson v. Sherman, 116 Cal. 1(59, 47 Pac. 
 123.) 
 
 When it attaches.— This section has no application 
 to liabilities of stockholders which accrued prior to 
 its adoption. (Harmon v. 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 certilicate therefor. (Mitchell v. Beckman, 
 64 Cal. 117, 28 Pac. 110.) 
 
 A pledgee of stock is not a stockholder within the 
 meaning of this section. (Borland v. Nevada Bank, 
 99 Cal. 80, .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. (AVinona Wagon Co. v. Bull, 
 108 Cal. 1, 40 Pac. 1077: T>arrabee v. Baldwin, 35 Cal. 
 155; Daniolson v. Yoakum. IIO Cal. 382. 48 Pac. 322; 
 Partridge v. Butler. 113 Cal. 326. 45 Pac. 678; Santa 
 Eosa 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. 1000.) 
 
 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 llal)ility for overdrafts to a bank is created upon 
 the daily balances against the coi^poration sliown by 
 the account. (Santa Kosa Nat. Bank v. Barnett, 125 
 Cal. 407, 58 I'ac. 85.) 
 
 Tlie liability of a corporation for the services of an 
 attorney is not created unlil llie rendition of the 
 cervices. (Johnson v. Bank of Lake, 125 Cal. 6, 57 
 Pac. 6G4.)
 
 277 CONSTITUTION OF 1S79. Art. Xll, § ;{ 
 
 Where an accorainodation indorser of the note of 
 a corporation pays the same, the debt is extins^nished 
 and the stockholders' liability upon the debt eoines 
 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. 383, 1 Pac. 354.) 
 
 A stockholder's liability is a "liability created by 
 law." (Moore v. Boyd, 74 Cal. 1G7, 15 Pac. G70; Hunt 
 V. Ward, 99 Cal. 012, 34 Pac. 335.) 
 
 It is also a liability created by statute. (Bank v. 
 Pacific Coast S. S. Co., 103 Cal. 594, 37 Pac. 499 i 
 
 It is also an obligation arising upon conti'act. 
 (Dennis r. Superior Court, 91 Cal. 548, 27 Pac. 1031; 
 Kennedy v. California Sav. Bank, 97 Cal. 93, 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 T. 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 
 coiTporation, 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 
 does not prevent the debtor from suing the stock- 
 Constitution— 24
 
 Art. XII, § 3 coxsTiTUTiON OF 1879. 278 
 
 holders. (Sonoma Valley Bank v. Hill, .59 Cal. 107.) 
 
 A jiid2:ment asainst the corporation does not ex- 
 tinguish, suspend, or merge the liability of the stock- 
 holders. (Young V. Rosenbaum, .30 Cal. 646.) 
 
 Nor does such a judgment prolong the time within 
 which an action may be maintained against the stock- 
 holders. (Stilphen V. Ware. 4.5 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 Pac. 1047.) 
 
 Stockholders are liable for interest as well as prin- 
 cipal. (Wells, Fargo & Co. v. Enright, 127 Cal. 609, 
 60 Pac. 439.) 
 
 A stockholder of an insolvent bank has no right to 
 share in the dividends of the bank by way of sub- 
 rogntion to the rights of a creditor to whom he has 
 paid his proportionate share of his claim. (Sacra^ 
 mento Bank v. Pacific Bank, 124 Cal. 147, 56 Pac. 
 7S7.) 
 
 Release of.— Whenever a debt of a corporation Is 
 satisfied in part, there is also pro tanto a discharge 
 of the liabilitv of the stockholders. (San Jose Sav. 
 Bank v. Pharis. .58 Cal. 3S0.) 
 
 Where a creditor of a corporation releases a stock- 
 holder from all personal liability, he thereby dis- 
 charges the corporation and otlior stockholders to the 
 same extent as the one to wliom the release is exe- 
 cuted. If the release is for tlie 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 llio amount of the whole 
 number of shares subscribed for. (P.idwell v. Bab- 
 cock. 87 Cal. 29, 25 Pac. 752; Roebling's Sons Co. 
 V. Butler, 112 Cal. 677, 45 Pac, 6.) 
 
 As to the form of the complaint generally, see Duke 
 V. Huntington, 1.30 Cal. 272, 62 Pac, 510; Whitehurst 
 V. Stuart, 129 Cal. 191, 61 Pac. 963. 
 
 The complaint must show allirmatively that the de- 
 fend.nnt was a stockholder wlien the debt was in- 
 curred, and a mere allegation tliat he wns a stock- 
 holder Avlien the note was executed is insufficient.
 
 279 CONSTITUTION OF 1879. Art. XII, S 4 
 
 (Case Plow Works v, Montgomery, 115 Cal. 380, 47 
 rac. 108.) 
 
 A creditor is not bound to exhaust the remedii^s 
 against the corporation before proceeding against 
 the stockholder. (Morrow v. Superior Court, 64 Cal. 
 383. 1 Pac. Srvl.) 
 
 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 v. 
 Page, 02 Cal. 44S.J 
 
 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. Sandercock, 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 ofticer 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 V. Hale & Norcross etc. 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 tlie 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 hy 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 farmed 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" banlc, altliougli it is called 
 such. (Banli of Sonoma v. Fairbanks, 52 Cal. 196.) 
 
 Sections 34 and 35, article 4, of the constitution of 
 1849 did not prohibit the formation of banl^ing cor- 
 porations for the purpose of deposit and loan, which 
 do not issue paper to circulate as money. (Bank of 
 Martinez v. Hemme etc. Laud Co., 105 Cal. 370, 38 
 Pac. 903.) 
 
 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 
 francliise or charter, nor remit the forfeiture of
 
 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 
 riglit 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 
 eic. Ky. Co., 91 Cai. ii'SS, 27 Pac. U73.) 
 
 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 CONSTITUTION OF 1879. 282 
 
 poration. is to engage in the business of such corpo- 
 ration. (Knowles v. Sandereock, 107 Oal. 629, 643, 
 40 Pac. 1047.) 
 
 This section does not cause property held in viola- 
 tion of it to escheat to the state. (People v. Stocli- 
 ton Sav. etc. Soc, 22 Cal. Dec. 2(55.) 
 
 Sec. 10. The legislature shall not pass any 
 laws permitting the leasing or alienation of any 
 franchise, so as to relieve the franchise or prop- 
 erty held thereunder from the liahilities of the 
 lessor or grantor, lessee or grantee, contracted or 
 incurred in the operation, use, or enjoyment of 
 such franchise, or any of its privileges. 
 
 ALIENATIOlSr OF FRANCHISES.-This section 
 does not give a personal action against the corpora- 
 tion which owned property for an injury which has 
 resulted to an employee of a lessee of the owner in 
 the use of the property in the hands of the lessee, 
 but is designed to subject the franchise and prop- 
 erty to liability incurred in its occupation, whether 
 the franchise be exercised or the property be used 
 by the original owner or the lessee or grantee. (Lee 
 v! Southern Pac. R. R. Co., 116 Cal. 97, 47 Pac. 932.) 
 
 Sec. 11. No corporation shall issue stock or ' 
 bonds, except for money paid, labor done, or prop- 
 erty actually received, and all fictitious increase 
 of stock or indebtedness shall be void. The stock 
 and bonded inde])tedness of corporations shall not 
 be increased except in pursuance of general law, 
 nor without the consent of the persons holdin'g the 
 larger amount in value of the stock, at a meet- 
 ing called for tliat purpose, giving sixty days* 
 public notice, as may be provided by law.
 
 2S3 CONSTITUTION OF 1879. Art. XII, §§ 12, 13 
 
 CORPORATE STOCK.— An increase of the capital 
 stock of a corporation and the issuing of additional 
 shares, to be sokl at a price less than the nominal 
 par value of the stocli, to supply a fund actually re- 
 quired for the use of the corporation, is not a ficti- 
 tious issuance. (Stein v. Howard, 65 Cal. 616, 4 
 Pac. 6G2.) 
 
 Non-negotiable notes secured by mortgages exe- 
 cuted by a corporation do not constitute "bonded 
 indebtedness" within the meaning of this section. 
 (Underbill v. Santa Barbara etc. Imp. Co., 93 Cal. 
 SOU, 28 Pac. 1049.) 
 
 Sec. 12. In all elections for directors or man- 
 agers of corporations every stockholder shall have 
 the right to vote, in person or by proxy, the num- 
 ber of shares of stock owned by him for as many 
 persons as there are directors or managers to be 
 elected, or to cumulate said shares and give one 
 ■candidate as many votes as the nvimber of directors 
 multiplied by the number of his shares of stock 
 shall equal, or to distribute them, on the same 
 principle, among as many candidates as he shall 
 think fit; and such directors or managers shall 
 not be elected in any other manner, except that 
 members of co-operative societies formed for 
 agricultural, mercantile, and manufacturing pur- 
 poses, may vote on all questions affecting such 
 societies in manner prescribed by law. 
 
 DIRECTORS.— Under this section all the directors 
 must be elected on one ballot. (Wright v. Central 
 etc. Water Co., 67 Cal. 532, 8 Pac. 70.) 
 
 Sec. 13. The state shall not in any manner 
 loan its credit, nor shall it subscribe to, or be
 
 Art. XII, §§ 14, 15 coxsTiTUTiON of 1879. 284 
 
 interested in the stock of any company, associa- 
 tion, or corporation. 
 
 STATE CREDIT— This section prohibits the loan- 
 ing of public credit for private purposes under any 
 circumstances. (Stocli'tou etc. R. K. Co. v. Stocliton, 
 41 Cal. 147; Ramsey v. Haeger, 70 111. 432.) 
 
 It does not prohibit the appropriation of public 
 funds to aid a corporation in the construction of a 
 railroad to be used for military purposes. (People v. 
 Pacheco, 27 Cal. 175.) 
 
 Sec. 14. Every corporation other than religious, 
 educational, or benevolent, organized or doing 
 business in this state, shall have and maintain 
 an office or place in this state for the transaction 
 of its business, where transfers of stock shall be 
 made, and in which shall be kept, for inspection 
 by every person having an interest therein, and 
 legislative committees, books in which shall be 
 recorded the amount of capital stock subscribed^ 
 and by whom; the names of the owners of its 
 stock, and the amounts owned by them respec- 
 tively; the amount of stock paid in, and by whom; 
 the transfers of stock; the amount of its assets 
 and liabilities, and the names and place of resi- 
 dence of its officers. 
 
 Sec. 15. No cor]ioration organized outside the 
 limits of this state shall be allowed to transact 
 business within this state on more favorable con- 
 ditions than are prescribed by law to similar cor- 
 porations organized under the laws of this state.
 
 285 CONSTITUTION OF 1879. Art. XII, § 10 
 
 FOREIGN" CORPORATIONS— The act of 1880, 
 providing for a penalty for failure of the directors 
 of a domestic mininj? corporation to post weekly 
 reports, etc., is not in violation of this section, and 
 does not relate to the business of the corporation. 
 (Miles V. Woodward. 115 Cal. 308, 46 Pac. 1070.) 
 
 This section was not designed to limit the powers 
 of the legislature when dealing with the organiza- 
 tion and government of corporations which are cre- 
 ated by its own will and act. (Miles v. Woodward, 
 115 Cal. 308. 46 Pac. 1076.) 
 
 The act of 1876, requiring banking corporations to 
 publish and file statements of their assets and lia- 
 bilities, applies to foreign corporations. (Bank of 
 British North America v. Madison, 99 Cal. 125, 133, 
 33 Pac. 762.) 
 
 Sec. 16. A corporation or association may be 
 sued in the county where the contract is made or 
 is to be performed, or where the obligation or 
 liability arises, or the breach occurs; or in the 
 county where the principal place of business of 
 such corporation is situated, subject to the power 
 of the court to change the place of trial as in 
 other cases. 
 
 ACTIONS AGAINST CORPORATIONS. — This 
 section is merely permissive, and not mandatory. 
 (Fresno Nat. Bank v. Superior Court, 83 Cal. 491, 24 
 Pac. 157.) 
 
 It applies to actions of tort as well as matters of 
 contract. (Lewis v. Southern Pac. R. It. Co., 60 Cal. 
 209. 5 Pac. 79.) 
 
 It gives to the plaintiff the right to elect either 
 to sue the corporation in the county where the con- 
 tract is made, or is to be performed, or where the 
 obligation or liability arises, or the breach occurs, or 
 in the county where the principal place of business 
 of the corporation is situated. (Trezevant v. Strong 
 Co., 102 Cal. 47, 30 Pac. 395.)
 
 Art. XII, § 17 coxsTiTTTTiox OF 1879. 2SG 
 
 The risbt to sue a corporation in the county 
 ■where the contract was made only applies when the 
 coiTJoration is the sole defendant in the case. (Grif- 
 fin etc. Co. v. Magnolia etc. Co., 107 Cal. 378, 40 
 Pac. 495.) 
 
 An association of persons organized for a particu- 
 lar purpose, although not formally a corporation, is 
 included in this section. The word "association"' 
 does not necessarily mean an association possessing^ 
 corporate powers and privileges. (Kendrick v. Dia- 
 mond etc. Miu. Co., 94 Cal. 137. 29 Pac. 324.) 
 
 Under this section an action for libel may be main- 
 tained in the county in which the plaintiff resides, 
 when the newspaper is circulated in that county but 
 published in another. (Brady v. Times-Mirror Co., 
 106 Cal. 56, 39 Pac. 209.) 
 
 But where the plaintiff sues other persons than 
 the corporation publishing the paper, he waives the 
 provisions of this section. (Brady v. Times-Miri'or 
 Co., 106 Cal. 50, 39 Pa.o. 209.) 
 
 An action against a corporation for leave to redeem 
 real estate is properly brought in the county where 
 the real property is situated. (Baker v. Fireman's 
 Fund Ins. Co., 73 Cal. I,s2, 14 I'.-ic CSU.l 
 
 In an action against a corporation for damages for 
 breach of contract, the defendant is entitled to a 
 change of place of trial to the county in which its 
 principal place of business is situated, when the 
 county in which the action is brought is not the one 
 ill which tlie contract was made, or was to be per- 
 formed, or in which the obligation arose, or in which 
 the principal place of business is situated. (Cohn 
 V. Central Pac. R. R. Co., 71 Cal. 488. 12 Pac. 498.) 
 
 Sec. 17. All railroad, canal, and other trans- 
 portation companies are declared to be common 
 carriers, and subject to legislative control. Any 
 association or corporation, organized for the pur- 
 pose, "under the laws of this state, shall have the 
 right to connect at the state line with railroads 
 of other states. Every railroad company shall.
 
 287 CONSTITUTION OF 1879. Art. XII, § 18 
 
 have the right with its road to intersect, connect 
 with or cross any other railroad, and shall re- 
 ceive and transport each the other's passengers, 
 tonnage, and cars, without delay or discrimina- 
 tion. 
 
 RAILROADS.— Tlie legislature may regulate rail- 
 road crossings. (Pittsburgh etc. li. Ic. Co. v. iSoutli- 
 west etc. Ry. Co., 77 Pa. St. 173.) 
 
 It may require railroad companies to ring a bell 
 ■or sound a whistle at a crossing. (Galena R. R. Co. 
 V. Appleby, 28 111. 283; Galena R. R. Co. v. Loomis, 
 13 111. 548.) 
 
 It may regulate the speed of trains in a city. (Chi- 
 cago etc. R. R. Co. V. Haggerty. G7 111. 113.) 
 
 It may require them to erect fences and cattle- 
 guards. (Suydam v. Moore, 8 Barb. 3.58; Waldron v. 
 Railroad Co., 8 Barb. 390; New Albany etc. Co. v. 
 Tilton. 12 Ind. 3; Madison etc. R. R. Co. v. White- 
 neck, 8 Ind. 217; Ohio etc. R. R, Co. v. McClelland, 
 25 111. 140; Kansas etc. R. R. Co. v. Mower, l(j Kan. 
 573: .Tones v. G. etc. R. R. Co.. ic, Town. (V Indian- 
 apolis R. R. Co. V. Kercheval, 16 Ind. 84; Nichols v. 
 Somerset etc. R. R. Co.. 43 Me. 35(): Winona etc. K. 
 R. Co. V. Waldron. 11 :\Iinn. 515; Gorman v. Pacific 
 R. R. Co., 2(; Mo. 441 ; Blair v. M. etc. R. R. Co., 20 Wis. 
 254; Pennsylvania R. R. Co. v. Riblet, GO Pa. St. 104.) 
 
 Sec. 18. iN'o president, director, officer, agent, 
 or employee of any railroad or canal company 
 shall he interested, directly or indirectly, in the 
 furnishing of material or supplies to such com- 
 pany, nor in the business of transportation as a 
 common carrier of freight or passengers over the 
 works owned, leased, controlled, or worked by 
 such company, except such interest in the busi- 
 ness of transportation as lawfully flows from the 
 ownership of stock therein.
 
 Art. XII, §§ 19, 20 CONSTITUTION of 1879. 2SS 
 
 Sec. 19. N'o railroad or other transportation 
 company shall grant free passes, or passes or 
 tickets at a discount, to any person holding any 
 office of honor, trust, or profit in this state; and 
 the acceptance of any such pass or ticket, by a 
 member of the legislature or any public officer, 
 other than railroad commissioner, shall work a 
 forfeiture of his office. 
 
 BAILROAD PASSES.— As to the nature of a pro- 
 ceeding to remove an officer for acceptiuc: a railroad 
 pass, see People v. Superior Court, 114 Cal. 46G, 4l> 
 Pac. 383. 
 
 Sec. 20. ISTo railroad company or other com- 
 mon carrier shall combine or make any contract 
 with the owners of any vessel that leaves port or 
 makes port in this state, or with any common 
 carrier, by which combination or contract the 
 earnings of one doing the carrying are to be 
 shared by the other not doing the carrying. 
 And whenever a railroad corporation shall, for 
 the purpose of competing with any other common 
 carrier, lower its rates for transportation of pas- 
 sengers or freight from one point to another, 
 such reduced rates shall not be again raised or 
 increased from such standard without the consent 
 of the governmental autlioriiy in which shall be 
 vested the power to regulate fares and freights. 
 
 COMPETITION.— "Wlioro n railroad company low- 
 
 ors its piisscnizcr nilcs in order 1o ooiiipoto with an- 
 otlior road, nnd nl'tcrward niisos them without tlie 
 consent of the railroad commissioners, such com-
 
 289 CONSTITUTION OF 1879. Art. XII, §§ 21, 22 
 
 iriissioners have no jurisdictioo to require a restora- 
 tion of the lower rate. (Edsou v. Southern Pae. Co., 
 21 Cal. Dec. 702.) 
 
 Sec. 21. No discrimination in charges or 
 facilities for transportation shall be made by 
 any railroad or other transportation company be- 
 tween places or persons, or in the facilities for 
 the transportation of the same classes of freight 
 or passengers within this state, or coming from or 
 going to any other state. Persons and property 
 transported over any railroad, or by any other 
 transportation company or individual, shall be de- 
 livered at any station, landing, or port, at charges 
 not exceeding the charges for the transportation 
 of persons and property of the same class, in the 
 same direction, to any more distant station, port, 
 or landing. Excursion and commutation tickets 
 may be issued at special rates. 
 
 FREIGHTS AND FARES.— The state has the riflit 
 to regulate the rates to be charged by a railroad for 
 the transportation of freight or passengers. (Chi- 
 cago etc. R. II. Co. V. Iowa, 94 U. S. 155; Winona 
 etc. R. R. Co. V. Blake, 94 U. S. 180; Parke v. Met- 
 ropolitan R. R. Co., 109 Mass. 506.) 
 
 The state may impose a penalty for taking unlaw- 
 ful toll. (Camden etc. R. R. Co. v; Briggs, 22 N. J, 
 L. 623; Norris v. Androscoggin K. R. Co., 89 Me. 27:!: 
 Chicago etc. R. R. Co. v. People, 67 111. 11; Vincent 
 V. Chicago etc. R. R. Co., 49 111. 33; People v. Chi- 
 cago etc. R. R. Co., 55 111. Ill; Chicago etc. R. R. 
 Co. V. People, 50 111. 365.) 
 
 Sec. 22. The state shall be divided into three 
 districts as nearly equal in population as prac- 
 Constitutlon— 25
 
 Art. XII, § 22 CONSTITUTION of 1879. 290 
 
 ticable, in each of which one railroad commis- 
 sioner shall be elected by the qualified electors 
 thereof at the regular gubernatorial elections, 
 whose salary shall be fixed by law, and whose 
 term of office shall be four years, commencing on 
 the first Monday after the first day of January 
 next succeeding their election. Said commission- 
 ers shall be qualified electors of this state and of 
 the district from which they are elected, and 
 shall not be interested in any railroad corpora- 
 tion, or other transportation company, as stock- 
 holder, creditor, agent, attorney or employee; and 
 the act of a majority of said commissioners shall 
 be deemed the act of said commission. Said com- 
 missioners shall have the power, and it shall 
 be their duty, to establish rates of charges for 
 the transportation of passengers ' and freight by 
 railroad or other transportation companies, and 
 publish the same from time to time, with such 
 changes as they may make ; to examine the books, 
 records, and papers of all railroad and other trans- 
 portation companies, and for this purpose they 
 shall have power to issue subpoenas and all other 
 necessary process; to hear and determine com- 
 plaints against railroad and other transporta- 
 tion companies, to send for persons and papers, 
 to administer oaths, take testimony, and punish 
 for contempt of their orders and processes, in the 
 same manner and io the same extent as courts 
 of record, and enforce tlicir decisions and cor-
 
 291 CONSTITUTION OF 1879. Art. XII, § 22 
 
 rect abuses through the medium of the courts. 
 Said commissioners shall prescribe a uniform syS' 
 tern of accounts to be kept by all such corpora- 
 tions and companies. Any railroad corporation 
 or transportation company which shall fail or 
 refuse to conform to such rates as shall be estab- 
 lished by such commissioners, or shall charge rates 
 in excess thereof, or shall fail to keep their ac- 
 counts in accordance with the system prescribed 
 by the commission, shall be fined not exceeding 
 twenty thousand dollars for each offense, and 
 every officer, agent, or employee of any such cor- 
 poration or company, who shall demand or re- 
 ceive rates in excess thereof, or who shall in any 
 manner violate the provisions of this section, shall 
 be fined not exceeding five thousand dollars, or be 
 imprisoned in the county jail not exceeding one 
 year. In all controversies, civil or criminal, the 
 rates of fares and freights established by said com- 
 mission shall be deemed conclusively just and 
 reasonable, and in any action against such cor- 
 poration or company for damages sustained by 
 charging 'excessive rates, the plaintiff, in addition 
 to the actual damage, may, in the discretion of the 
 judge or jury, recover exemplary damages. Said 
 commission shall report to the governor, annually, 
 their proceedings, and such other facts as may be 
 deemed important. Nothing in this section shall 
 prevent individuals from maintaining actions 
 against any of such companies. The legislature
 
 Art. XII, § 22 CONSTITUTION OF 1879. 292 
 
 may, in addition to any penalties herein prescribed, 
 enforce this article by forfeiture of charter or 
 otherwise, and may confer such further powers on 
 the commissioners as shall be necessary to enable 
 them to perform the duties enjoined on them in 
 this and the foregoing section. The legislature 
 shall have power, by a two-thirds vote of all the 
 members elected to each house, to remove any one 
 or more of said commissioners from office, for 
 dereliction of duty, or corruption, or incompe- 
 tency; and whenever, from any cause, a vacancy 
 in office shall occur in said commission, the gov- 
 ernor shall fill the same by the appointment of a 
 qualified person thereto, who shall hold office 
 for the residue of the unexpired term, and until 
 his successor shall have been elected and qualified. 
 
 BAILROAD COMMISSIONEBS. — This section 
 should be coustrued to extend the supervision of the 
 conuuission to all persons engaged in the business 
 of transportation, whether as corporations, joint-stock 
 companies, partnerships, or individuals. (Morau v. 
 Koss. 79 Cal. l.W. 21 Pac. 547.) 
 
 This section did not repeal section 490 of the Civil 
 Code, although that section refers to section 4S9 of 
 1!u^ same code. wJiich was superseded by this section. 
 (Robinson v. Southern Pac. R. R. Co., 105 Cal. 52(3, 
 38 Pac. 94, 722.) 
 
 A statute may authorize the appoint mont of com- 
 missioners to determine the duties and obligations of 
 railroad coini)anies. (I*ortland H. K. Co. v. Uailway 
 Co.. 46 Me. (>9.) 
 
 The commission has no jurisdiction over a street 
 railroad corporation operated in a municipality. 
 Uioard of Itailroad Commrs. v. Market St. Ky. Co., 
 i;{2 Cal. G77.^ 
 
 The commission has no jurisdiction, upon a com-
 
 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. 
 (Bdson V. Southern Pac. Co., 21 Cal. Dec. 702.) 
 
 Sec. 23. Until the legislature sliall 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, Siski3^ou, 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 Sau 
 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. 2&4 
 
 ARTICLE Xin. 
 REVENUE AND TAXATION. 
 
 § 1. Taxation to be in proportion to value. 
 
 § 1%. Churches exempt from taxation. 
 
 § 2. Land and improvements to be separately as- 
 sessed. 
 
 § 3. Seetionized and unsectiouized 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. 
 
 § 8. Annual statement of property to be given. 
 
 § 9. State board of equalization. 
 
 § 10. Property, where assessed. 
 
 § 11. Income taxes. 
 
 § 12. Poll tax. 
 
 § 12%. YouncT trees and vines exempt from taxation. 
 
 § 13. Laws to be passed by legislature. 
 
 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-
 
 295 CONSTITUTION OF 1S79. 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.] 
 Sectiou 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 
 (Jai. iS2; People v. Geriie, 35 Cal. 677.) 
 
 This section is not self-executiug, but merely fixes 
 the liability of property to taxation, and the .stau-
 
 Art. XIII, § 1 CONSTITUTION OF 1879. 206 
 
 dai-fl 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 Pac. 779; De Witt v. Hays, 2 Cal. 
 403.) 
 
 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 taxpaver. (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. (Turiock Irr. 
 Dist. v. Williams, 76 Cal. 360, 18 Pac. 879.) 
 
 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 T\athin its jurisdiction. (People v. Coleman, 4 
 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. Washlturn, 20 Cal. ;US.) 
 
 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 munlcijial governments, and not to assess- 
 ments levied on lots fronting on a street to pay the 
 expense of its improvement. (Emery v. San Fran- 
 cisco Gas Co., 2S Cal. 345.) 
 
 The words "taxation" and "assessment" do not 
 have the same signitication. (Taylor v. Palmer, 31 
 Cal. 240.) 
 
 "Taxation" is the jxywer to inipos(> taxes upon the 
 property of the citizen for the support of the govern- 
 ment. (TavJor v. Palmer, 31 t^al. 340; I'euple v. Mc- 
 Creery, 34* Cal. 4.32.) 
 
 The rate of taxation for state purposes must be 
 n 111 form tlu'oughout the state. (People v. McCreery,
 
 297 CONSTITUTION OF 1879. Art. XIII, § 1 
 
 si Cal. 432. People v. Coleman, 4 Cal. 4G; High v. 
 JShoemaker, li2 Cal. oGo. oveiTuled.) 
 
 A charge by the ganger of the port of Sau Fran- 
 cisco upon wine, for services as ganger, is not a tax. 
 <Addison v. Saulnier, 19 Cal. 82.) 
 
 The provision ol; the fee bill of 189.5, 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 vv^hich alone 
 property is liable. (Fatjo v. Tfister, 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 Pac. 
 181.) 
 
 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. an re Wilmerding, 117 Cal. 281, 49 Pac. 181.) 
 
 Property.— Bonds of foreign corporations are as- 
 sessable in the state of the owner's domicile. (Es- 
 tate of Fair. 128 Cal. G07, 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. 1034.) 
 
 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, 6-5 Cal. 4.56, 4 Pac. 435.) 
 
 Stock 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 CONSTITUTION OF 1879. 29S 
 
 the purpose of receiving and discharging cargo, Is 
 not "in the state" witliin the meaning of this section, 
 although owned in part by residents of this state. 
 (San F'rancisco v. Talbot, 63 Cal. 485.) 
 
 A franchise to collect rates for water is taxable 
 under this section. (Spring Valley W. W. v. Schott- 
 ler, 02 Cal. 09.) 
 
 The franchise of a railroad company is property 
 subject to taxation and is not exempt by reason of its 
 being a means or instrument employed by Congress 
 to carry into operation the powers of the general 
 government. (Central Pac. E. R. Co. v. Board of 
 Equalization. 00 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 eneaged 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 tr:nis(<in- 
 tinental line. (San Bernardino v. Southern Pac. Co., 
 107 Cal. 524, 40 Pac. 790.) 
 
 The possession of and claim to public land is prop- 
 erty. (People V. Black Diamond etc. Min. Co., 37 
 Cal. 54; People v. Cohen. 31 Cal. 210.) 
 
 The word "property" is used in its ordinary and 
 popular sense, and includes not only visible and tangi- 
 ble property, but also chosos in action, such as sol- 
 vent debts secured by mortgage. (People v. Eddy, 
 43 Cal. 331; Lick v. Austin, 43 Cal. 590; Sav- 
 ings etc. Soc. V. Austin. 40 Cal. 415; People v. Ash- 
 bury, 46 Cal. 523; San Francisco v. La Societe etc., 
 131 Cal. 612. But sot^ Bank of MtMidocino v. Clialfant, 
 51 Cal. 309, 471; People v. Ilibernia Bank, 51 Cal. 243.) 
 
 This is true although the debts are secured by 
 pledge of proi)erty exempt from taxation. (Security 
 Sav. Bank v. San Francisco. 132 Cal. 599.) 
 
 Monev is property subject to taxation. (People V. 
 Dunn, 59 Cal. 328.)
 
 299 CONSTITUTION OF 1870. Art. XIII, § 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. 432; People v. Doe G. 1,034, 3G 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.. 43 Cal. 308.) 
 
 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, 88 
 Pac. 905; Colusa v. Glenn. 124 Cal. 498, 57 Pac. 477. 
 But see People v. Central Pac. R. R. Co., S3 Cal. 
 303, 23 Pac. 303.) 
 
 An act exempting school land and lands of the 
 United States from taxation does not render the tax 
 unequal. (High v. Shoemal^er. 22 Cal. 363.) 
 
 Bonds of the United States are not subject to tax- 
 ation. (People V. Home Ins. Co., 29 Cal. 5.33.) 
 
 A county ordinance imposing a license upon the 
 Southern Pacific Railroad Company for carrying 
 persons and freight for hire by means of railroad 
 cars 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 francliise is void. (San Francisco 
 V. Western Union Tel. Co., 06 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 CONSTITUTION OF 1879. 300 
 
 National banks are agencies of the federal gov- 
 ernment, and are not subject to tbe taxing power 
 of tie state. (McHenry v. Downer, IIG 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 Avith 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 tlie provision of the United States constitution 
 forbidding the states to levy any imposts or duties 
 on imports or exports. (Brumagin v. Tillinghast, 
 18 Cal. 265.) 
 
 An act requiring the payment of a ganger 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. Kaymond, 
 34 Cal. 492.) 
 
 Exemptions.— The legislature has no power to ex- 
 empt any property from taxation. (Mackay v. Saa 
 Francisco, 113 Cal. 392, 45 Pac. ()9G; ]\Iinturn v. 
 Hays, 2 Cal. 590: Pe()i)le v. McCreery, 34 Cal. 432; 
 I'eople V. Black Diamond etc. Min. Co., 37 Cal. 54; 
 Crosby v. Lyon, 37 Cal. 242; People v. Eddy, 43 Cal. 
 331; People v. Latliam, 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 oiieration, is unconstitutional, because 
 not levied on all the property in the district. (People 
 V. Whyler, 41 Cal. 351.)
 
 301 CONSTITUTION OF 1879. Art. XIII, § 1 
 
 The crediting of taxes heretofore paid upon prop- 
 erty under an invalid levy does not araount to an 
 exemption from taxation of the property upon which 
 such taxes were paid. (People v. Latham, 32 Cal. 
 598.) 
 
 Double taxation. — The constitution forbids the 
 double taxation of property. (Burke v. Badlam, 57 
 Cal. .594; Qermania Trust Co. x. San Francisco, 128 
 Cal. 598. Gl Tac. 178; Estate of Fair, 128 Cal. G07, Gl 
 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, 
 Gl Pac. 178; Estate of Fair, 128 Cal. G07, Gl Pac. 184.) 
 
 The inhibition of double taxation only applies to 
 STich taxation by the same government. (San Fran- 
 cisco V. Fry. G3 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 etc. 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, 43 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, 88 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.) 
 
 ConEtitution— 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 etc. K. 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 v. 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. 580, 61 Pac. 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 judicinry has no power to inquire as to the 
 actual value of property for the purpose of taxa- 
 tion, in oi'der to determine whether thcM-e has been 
 misrepresentations as to its value. (Cluuie v. Siebe, 
 112 Cal. 5!»:'., 44 Pac. 1004.) 
 
 Tlie 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 Ihe legislature to a particular 
 mode of providing for such olhcers. (People v. Kelsey, 
 34 Cal. 470.)
 
 303 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 v. Corcoran, 46 Cal. 553.) 
 
 This section does not require the value of the 
 property to be found after the rate of taxation is 
 lixed. (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 etc. 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. 
 MeCreery, 34 Cal. 432.) 
 
 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. 69.1 
 
 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 pavable until several months later. 
 (Rode V. Siebe, 119 Cal. 518, 51 Pac. 869, Van Fleet. 
 J., and Harrison, J., dissenting; Pacific etc. Co. 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 etc. R. R. Co. v. 
 Stockton, 41 Cal. 147; Blanding v. 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 
 judiciallv seen to be other than public. (In re Market 
 Street, 49 Cal. 540.) 
 
 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. 03 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- 
 inc: 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 etc. 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 tin's respect comes 
 from the legislature, and must be found in tiie or- 
 ganic act, or necessarily inferred from the powers 
 therein expressly granted. (Ex parte Newton, 53 Cal. 
 571.) 
 
 An act proliibiting foreigners from woi'king the 
 gold mines, except on condition of paying a cevlain 
 sum each montli for the jirivilege, imposes a license 
 and not a tax and is valid. (I'eople v. Naglee, 1 Cal. 
 232.) 
 
 This provision applies only to direct taxation upon 
 property, and does not prohil)it the legislature from 
 •Miacting license laws. ( reoi)le v. Naglee. 1 Cal. 232.) 
 
 Assessments. — The word "assessment" represents 
 tliose lociil l)invlens inii)osed by municipal corpora- 
 tions upon ])i()i)('rty Itorderiiig ujion an improved 
 street, for the purpose of p;iyiiig (he cost of the
 
 305 COKSTITUTION OF 1879. Art. XIII, § 1 
 
 improA-eraent, and laid with reforence to tlio benefit 
 the property is stii)posed to receive from tlie ex- 
 penditure of the money. (Taylor v. Palmer, ol Cal. 
 240.) 
 
 An assessment i-s 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, 10« 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 
 constitutirnal retiuirement of equality and uniform- 
 ity. (Croighton 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 Pac. 
 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. 643.) 
 
 An assessment for a street improvement upon the 
 fi'ont-foot system is an exercise of the power of taxa- 
 tion. (Emery v. San Francisco etc. Co., 28 Cal. 34.">.) 
 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. 3.51; Williams v. Corcoran, 
 46 Cal. 553; Smith v. Farrelly, 52 Cal. 77.)
 
 Ai-t. XIII, § 1 CONSTITUTION OF 1879. 306 
 
 An "assessment" for a local improvement is a 
 "tax," and, wliile 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 ^ oid for Avaut 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 etc. Co. v. Rier. 52 Cal. 270; People v. 
 Lynch, 51 Cal. 15; Walsh v. Mathews, 29 Cal. 123; 
 Hadley v. Dague. 130 Cal. 207. 62 Pac. 500; Cohen 
 V. Alameda. 124 Cal. 504. 57 Pac. 377; Chambers v. 
 Satterlee, 40, Cal. 407; Emery v. San Francisco etc. 
 Co., 28 Cal. 345: Emery v. Bradford, 29 Cal. 75; Tay- 
 lor V. Palmer. 31 Cal. 240; Whiting v. Quackenbush. 
 54 Cal. 30G; Whiting v. Townsend. 57 Cal. 515; Lent 
 V. Tillson, 72 Cal. 404. 14 Pac. 71; Jennings v. Le 
 Breton, SO Cal. 8. 21 Pac. 1127; San Francisco etc. 
 Co. V. Bates. 22 Cal. Dec. 302; Banaz v. Smith, 21 
 Cal. Doc. 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, :hi(1 may tax all land within a limited dis- 
 trict, notwithstanding some of the property of the 
 district will not ro((>ive any benefit, and some prop- 
 er! v outside of the district may be incidentally bene- 
 fitwl. (In re Madera Irr. Dist., 92 Cal. 296, 28 Pac. 
 272.) 
 
 An assessment upon specified property can be 
 su[)ported only upon tlie ground that the property 
 taxed is benefited by tli(> improvement. (In re Mar- 
 ket Street, 49 Cal. '546.)
 
 307 CONSTITUTION OF 1879. Art. XIII, § IY2 
 
 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. 
 Whyler. 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 
 worlc. is unconstitutional. Such tax must be levied 
 on all propertv according to its value. (People v. 
 Whyloi-, 41 Cal. 351.) 
 
 An owner may be made personally liable for the 
 expense of a street improvement. (Walsli 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. 1^. All buildings, and so much of the 
 real propert}'' on which they are situated as may 
 he 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 CONSTITUTION OF 1879. 308 
 
 shall be exempt from taxation. [Amendment 
 adopted November 6, 1900.] 
 
 Sec. 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 OE 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 etc. K. E. Co. v. Mecartnev, 1U4 Cal. 61G, 
 38 Pac. 418.) 
 
 Sec. 3. 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 puljlic corporations, in case of debts 
 so secured, tbc value of the property affected by 
 such mortgage, deed of trust, contract, or obliga- 
 tion, less the value of such security, sliall be as-
 
 Article 
 
 XIII, Section If. 
 
 
 
 
 Sec. 
 
 If. All bonds her 
 
 eafter 
 
 issued by 
 
 the 
 
 State of California, or by 
 
 any county, city 
 
 and 
 
 county, 
 
 municipal corporation, or district 
 
 (in- 
 
 chiding- 
 
 school, reclamation, and 
 
 irrigation 
 
 dis- 
 
 tricts) 
 
 within said state. 
 
 , shall 
 
 be free 
 
 and 
 
 exempt 
 
 from taxation. (Amendment adopted 
 
 November 4, 1902.) 
 
 

 
 30!) 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 
 paid 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 l)e 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. 3G7.) 
 
 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. 378.) 
 
 An assessment levied by an irrigation district may 
 be levied upon all lands, without deducting there- 
 from aiiv mortgages thereon. (Tregea v. Owens, 'J4 
 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, ajid concedincr tliat 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 etc. 
 Soc. 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 
 Pac. 697.) 
 
 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 liolder of the bonds. (Germania etc. 
 Co. V. San Fi-ancisco, 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 Avere 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 otlicr like lien tliereon. 
 (Central Pac. K. 11. Co. v. I'.oard of Eciualization, 
 60 Cal. 35.) 
 
 Tlie provision of tliis section taxing property of 
 quasi public corporations, witliout deduction of liens 
 tliereon, is not in eoiillict with the provision of the 
 United States constiUition that no st^ite shall "deny 
 any person within its jurisdiction the equal protec-
 
 311 CONSTITUTION OF 1879. Art. XIII, § 5 
 
 tion of the laws," since that provision does not 
 apply to artificial persons. (Central Pac. II. 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 suck tax or as- 
 sessment, be null and void. 
 
 PAYMEl^T OF TAXES ON MORTGAGES.— This 
 
 section only applies to contracts made after its 
 adoption. (Beclvinau v. Ska.cffs, 50 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 interest of one 
 per cent, per month, but the mortgagee, by a sepa- 
 rate inslriiment 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 cuustiLute 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. 3G9.) 
 
 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. (Harralsou v. Barrett, 99 
 Cal. 607, 34 Pac. 342; Garms v. Jensen, 103 Cal. 
 374, 37 Pac. 337.) 
 
 Evidence of a parol agreement between the par- 
 ties to the mortgage, whereby the mortgagor imder- 
 took to pay the taxes W'hich might be assessed and 
 levied upon the mortgage, is inadmissible. (Daw v. 
 Niles, 104 Cal. 106. 37 Pac. 876; Harrelson v. Tomich, 
 107 Cal. 627, 40 Pac. 10.32; 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 
 slionld pay the taxo^ 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 tlie 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 eon- 
 tract to which the state shall be a party. 
 
 Sec. 7. 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 tliis 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.
 
 313 CONSTITUTION OF 1870. 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 tlie 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, SO 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 bv the legislature. (People v. Mc- 
 Creery, 34 Cal. 432.) 
 
 Although the legislature cannot by law transfer 
 the duties of tax collector from a person elected 
 as such to one not sp 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 citv charter. (Stockton v. Insurance Co., 73 Cal. 
 621, 35 Pac. 314.) 
 
 See. 9. A state board of equalization, consist- 
 ing of one member from each congressional dis- 
 trict in this state, as the same existed in eigliteen 
 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 coxsTiTUTiox 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, tbat no board of 
 equalization shall raise any mortii'age, deed of 
 trust, contract, or other obligation by which a 
 debt is secured, money, or solvent credits, above 
 its face value. Tbe present state board of equali- 
 zation shall continue in olVice until their succes- 
 sors, as herein provided for. sliallbe elected and 
 shall qualify. Tbe legislature shall have power
 
 315 CONSTITUTION OF 1879. Art. Xlir, §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. [Eatification 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 ex offlvio 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 i"oll. 
 
 [An amendment to this section was voted upon No- 
 vember G, 1S9-1, but, allhough 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.] 
 
 BOASD OF EQUALIZATION.— It is within the 
 constitutional power of the legislature to create a 
 state board of equalization. (Savings etc. 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 v. Austin, 47 Cal. 646. Savings 
 etc. Soc. V. Austin. 46 Cal. 415, overruled on this 
 point. See, also, Grimm v. O'Connell, 54 Cal. 522; 
 Wills V. Austin, 53 Cal. 152; Harper v. Kowe, 53 
 Cal. 233.) 
 
 The state board of equalization has no power to 
 malie 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. (Colusa 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. 593, 44 
 Pac. 1064.) 
 
 As to the notice to be given by the board to the 
 taxpayer, see Allison Ranch etc. Co. v. Nevada Co., 
 104 Cal. 161. 37 Pac. 87.".. 
 
 Section 3801 of the Political Code, requiring the 
 assessor, at th.e request of the board of equaliza- 
 tion, to list and assess property wliich ho has failed 
 to assess, is not in confiict with tliis section, since 
 it simply confers an additional power ui)on tlie 
 board. (Farmers' etc. Bank v. Board of Equaliza- 
 tion. 97 Cal. 318, 32 Pac. 312.) 
 
 An act authorizing an assessment of taxes, after 
 the time witliin which the board of supervisors can 
 meet for the purpose of equalization. Is violative 
 of this section. (People v. Pittsburg II. R. Co., 07 
 Cal. 625. 8 Pac. ."ISl.) 
 
 The state board of equalizntion has poAver 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. 6S Cal. 405, 9 Pac. 652.) 
 
 The action of the state board of equalization in 
 raising the assessment-roll of a county under this 
 section ooerates upon mortgage assessments. 
 (Schroeder v. Grady, GO 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. K. Co. V. 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 
 Cai. 282.) 
 
 The board of equalization has no power to cancel 
 an assessment for taxes placed bv the assessor upon 
 the assessment-roll. (I'eople v. Supervisors, 44 Cal. 
 613.) 
 
 The board of equalization, in passing on the ques- 
 tion whetlier an assessment is too high or too low, 
 acts in a .iudicial capacity. (People v. Goldtree, 44 
 Cal. 323.) 
 
 A board of equalization acts .iudicially 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 v. 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 necessarv. (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 
 Pac. 226.) 
 
 The board of equalization may appoint a com-
 
 Art. XIII, § 10 coxsTiTUTiON OF 1870. 318 
 
 mittee to take testimony as to the valuation of 
 property. (People v. McCreery, 34 Cal. 432.) 
 
 Tlie presumption of law is that a board of equaliza- 
 tion perform tlieir duty and correct any inequality 
 in the assessment of taxes. (Guy v. Washburn, 23 
 Cal. 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 
 a county board the power to increase or lower the 
 entire assessment-roll. (Wells, Fargo & Co. v. Board 
 Ol Equalization. 5(j Cal. 194; San Francisco etc. 
 R. R. Co. V. State Board, 00 Cal. 12.) 
 
 This section does not make it necessary for a county 
 board, in a return to* a writ of cei-tioi'arl, to set out 
 general rules of notice adopted by the board. (Gar- 
 retson v. Santa Barbara, 01 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 operate(J 
 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.
 
 319 CONSTITUTION OF 1879. Art. XIII, § 10 
 
 SITUS OF PROPERTY. -This section is self-exe- 
 cutlnir. (San Francisco etc. R. R. Co. v. State Board, 
 60 Cal. 12.) 
 
 It has no relation to the assessment of the prop- 
 erty of raih'oad 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 
 one 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 
 rollincr stock, to be separately apportioned. (San 
 Francisco etc. R. R. Co. v. State Board, 60 Cal. 12.) 
 
 Steamer? 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 collec- 
 tion of taxes upon railroads operating in more than 
 one county is valid. (People v. Central Pac. R. R. 
 Co., 105 Cal. 570, 38 Pac. 905. People v. Central Pac. 
 R. R. Co.. 83 Cal. 393, 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 th6 
 money on general deposit in a bank of another 
 county. (San P^rancisco v. Lux, 64 Cal. 481, 2 Pac. 
 254.) 
 
 Debts are taxable at the domicile of the creditor. 
 (Pacitic etc. Soc. v. San Francisco, 21 Cal. Dec. 705.)
 
 Art. XIII, §§ 11-13 CONSTITUTION OF 1S79. 320 
 
 Sec. 11. Income taxes ma}^ 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 authorizin.? county 
 assessors to retain, as their compensation in coi- 
 leetiiig, fifteen per cent, of all poll taxes collected 
 by them, is not In contlict with this section. (San 
 Luis Obispo County v. Felts, 1U4 Cal. GO, 37 Pac. 
 780.) 
 
 Sec. 12f. 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 G, 1894.] 
 
 Sec. 13. The legislature shall pass all laws 
 'necessary to carry out the provisions of tliis ar- 
 ticle.
 
 321 CONSTITUTION OF 1879. Art. XI V, § 1 
 
 AETIOLE 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 
 supplied 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. XIY, § 1 CONSTITUTION OF 1S79. 322* 
 
 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 VV. \\\ v. San Francisco, 01 (al. 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 i-eceive 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. 02 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. (I'eople v. Stephens, 02 Cal. 
 209.) 
 
 Tliis section does not api)ly to a case of a cor- 
 poration which acquir(>s and holds water solely for 
 the use of its stockliolders. (McFaddeu v. Los An- 
 geles, 74 Cal. .^)71, 10 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, ni-ti- 
 de 11, of the constitution, to be introduced into 
 cities by individuals or c(>nii)anies incori)orated for 
 that purpose. (People v. Stephens, 02 Cal. 209.) 
 
 By this section water is declared to be a public 
 use, .subject to the control and regulation of the
 
 S23 CONSTITUTION OF 1879. Art. XIV, § 1 
 
 legislature in the manner prescribed by statute; such 
 regulation, liowever, bein,c: subject to certain consti- 
 tutional provisions, and anions them the provision 
 in respect to rates. (People v. Stephens. G2 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- 
 Tisors to determine. (Spring Valley W. W. v. San 
 Francisco, 82 Cal. 280, 22 Pac. 910.) 
 
 This section was not intended to appropriate water 
 for the use of the public without compensation. 
 (People V. Elk etc. 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 Pac. 
 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., 130 Cal. 309. 02 Pac. 5G2.) 
 
 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 v. 
 f^an Joaquin etc. Irr. Co., 130 Cal. 309, 02 Pac. 562, 
 Beatty, C. J., and McFarland, .!., dissenting.) 
 
 A person engaged in fvu-nishing 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 establislied by the constitution. (.People v. 
 Stephens, 62 Cal. 209.)
 
 Art. XIV, § 1 CONSTITUTION OF 1879. 324 
 
 The provision of tlie act of 1858. requiring water 
 companies to furnish water free of charge to cities 
 and counties, was abrogated by this section. (Spring 
 V^alley W. W. v. San Francisco, Gl Cal. 18.) 
 
 The act of 18.58 providing for the fixing of water 
 rates by a commission was superseded by tliis 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. 030.) 
 
 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 
 paver or water company. (San Diego Water Co. v. 
 San Diego. 118 Cal. 556, .50 Pac. 633.) 
 
 This section is not opposed to the United States 
 constitution in not giving tlie water company notice. 
 (San Diego Water Co. v. San Diego, 118 Cal. 556, 
 50 Pac. 633.) 
 
 If the bo;ird 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 go(>s beyond the powers conferred upon 
 it. (San Diego Water Co. v. San Diego, 118 Cal. 
 556, 50 Pac. 633.) 
 
 Where an ordinance fixing rates does not show 
 upon its face that tlie rates to be collected, wliere 
 the amount of consumption is ascertained by a 
 meter, are different from tliose collected from jxt- 
 eons who are rated by tlie 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. (Sbeward v. Citizens' Water Co., 
 00 "Cal. 035, 27 Pac. 439.) 
 
 The action of the city council in fixing rates is 
 leflislative, and it is to receive all the presumptions 
 and sanctions Avhich 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. (Shevi^ard v. Citizens' 
 Water Co., 90 Cal. 035, 27 Pac. 439.) 
 
 An ordinance fixing water rates, and providing 
 for meter and house I'ates at the option of the con- 
 sumer, and providing that the meter shall be sup- 
 j)lied at the expense of the water company, is valid. 
 (Spring Valley W. W. v. San Francisco, 82 Cal. 280, 
 22 Pac. 910.) 
 
 When the constitution provides for the fixing of 
 rates, or compensation for the use of water, it means 
 reasonable rates and .just compensation. (Sprinx 
 Valley W. W. v. San Francisco, 82 Cal. 280, 22 Pac! 
 910.) 
 
 The power of regulating rates is not a power of 
 confiscation, 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 thp courts. (Spring Valley W. 
 W. V. San Francisco, 82 Cal. 280, 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 tlie court, the rates fixed are not 
 reasonable. (Spring Valley W. W. v. San Francisco, 
 82 Cal. 28(5, 22 Pac. 910.) 
 
 The fixing of water rates is not judicial. (Spring- 
 Valley W. W. V. Bartlett, 03 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 etc. Factory v. Brickwedel, 
 00 Cal. 1(;0.) 
 
 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 bv the mayor. (Jacobs v. Supervisors, 
 100 Cal. 121, '34 Pac. 630.) 
 
 An ordinance .fixing rates passed subsequently to 
 the month of February, and prior to July 1st, when 
 it is required to tal^e 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 "intei-ested party" within 
 the meaning of this section. (Fitch v. Supervisors, 
 122 Cal. 285, 54 Pac. 901.) 
 
 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 inhabitanls 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. v. Schot- 
 tler, 62 Cal. 69; People v. Stephens, 62 Cal. 209.) 
 
 This section does not talce 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. Parli, 129 Cal. 437, 62 Pac. 
 87.)
 
 Art. XV, §§ 1-3 CONSTITUTION OF 1879. 328 
 
 AETICLE 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. Xo individual, partnership, or corpora- 
 tion, claiming or possessing tbe 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 liberal 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 ripon tide- 
 water s1ouk1i><. tlioiii;:!! \he sloufrhs be not themselves 
 navigable, result in tlie obstiuctiou of a navigable 
 stream, they eoustitiite a public iiuisan<*e, and are 
 forbidden by this section. (People v. Russ, 132 Cal. 
 102.) 
 
 Sec. 3. All tide lands witliin two miles of any 
 incorporated city or town in this state, and front-
 
 329 CONSTITUTION OF 1879. Art. X V, § 3 
 
 ing on the waters of any harbor, estuary, bay, or 
 inlet nsed 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 
 
 AETICLE XVI. 
 
 STATE INDEBTEDNESS. 
 
 Section 1. The legislature shall not, in any 
 manner, create any debt or debts, liability 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 single 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 tlie 
 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
 
 331 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 judse of 
 tlie 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 Cal. 175; Ileis 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. 
 (I'^ranklin v. 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. G5.)
 
 Art. XVI, § 1 CONSTITUTION OF 1879. 332 
 
 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. G Cal. 499.) 
 
 This provision is not limited to the iiower to boiTOW 
 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 coi*po- 
 rations. (Fattison v. Yuba County, 13 Cal. 175.) 
 
 This provision distinguished from the provision of 
 the charter of San Francisco in Argenti v. San 
 Francisco, IG Cal. 255. 
 
 The act creating the board of state prison com- 
 missionei"S is not in violation of this section, since 
 tlie 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; 
 Mc<:auley v. Brooks, IG Cal. 11.) 
 
 An act providing for the construction of a state 
 capitol, and only authorizing tlie commissi"oners to 
 contract for one hiuulred thousand dollars, is not 
 in violation of this section. (Koppikus v. State 
 Capitol Commrs.. IG 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 v. 
 Pacheco, 27 Cal. 175.)
 
 333 CONSTITUTION OF 1879. Art. XVII, § 1 
 
 ARTICLE XVII. 
 
 LAND AND HOMESTEAD EXEMPTION. 
 
 § 1. Homesteads. 
 
 § 2. Laud 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 
 33 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 tile a declaration of homestead a 
 forfeiture of the homestead right is valid. (Noble 
 V. Hook, 24 Cal. G38.) 
 
 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 iu 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, G Cal. 025.) 
 
 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 mor^ 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, 20 Pac. 500.) 
 
 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 toolc effect. 
 (Johnson v. Squires, 55 Cal. 103; Moscly v. Torrence, 
 71 Cal. 318, 12 Tac. 430.) 
 
 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 Pac. 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 ordi;iary 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; McXee 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. 385, 26 Pac. 832; Manley 
 V. Cunningham, 72 Cal. 236, 13 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. Walli- 
 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, 68 
 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. 33;> 
 
 Tbe fact tliat 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 v. 
 Brown, 91 Cal. 523, 27 Pac. 771.)
 
 337 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— 2'J
 
 Art. XYIII, § 2 CONSTITUTION OF 1879. 338 
 
 ments is valid; and it is not necessary tliat an amend- 
 ment be submitted specially by the legislature pro- 
 posing it. CNIartiu v. Election Commrs., 126 Cal. 404, 
 58 Pac. 932.) 
 
 Where the Political Code provides for the certifica- 
 tion of proposed constitutional amendments by the 
 secretary of state to the cf)unty clerics "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. Curi-y, 130 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 Avhich, 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 v. Waite, 
 102 Cal. 113.) 
 
 The time at which a proposed amendment to the 
 constitution is to be sul^mitted to the jieople for 
 ratification must be fixed by an act of tlie legisla- 
 ture, approved by tlie governor in the same manner 
 as other acts. (Hatch v. Stonemau, 66 Cal. 632, 6 
 Pac. 734.) 
 
 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 anicndnieiit. (Thoni- 
 ason V. Ruggles, 60 Cal. 465, 11 Pac. 20; Oaklai\d 
 Pav. Co. V. Tompkins, 72 Cal. 5, 12 Pac. Si)l; 
 Thomason v. Ashworth, 73 Cal. 73, 14 Pac. 615. But 
 see Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 
 3.) 
 
 Sec. 2. \\licnevcr Iwo-iliirds of ilie moiubers 
 elected to each brancli of the legislature shall
 
 339 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. XIX, § 1 CONSTITUTION OF 1S79. 340 
 
 • ARTICLE XIX. 
 CHINESE. 
 
 § 1. Protection from alien paupers, etc. 
 
 § 2. Corporations prohibited from hiring Chinese. 
 
 § 3. Public works, Chinese not to be employed on. 
 
 § 4. Coolieism prohibited— Removal of Chinese. 
 
 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 Avhich such persons may 
 reside in the state, and to provide the means 
 aiul mode of their removal from the state, u])on 
 failure or refusal to comply witli 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 HEGULATIONS.— A state has the power 
 
 to »!xolu(l(^ from its limits paupers, vagabonds, and 
 friniinals, or sick, diseased, inlirm, and disabled per-
 
 341 cONSTiTUTiox OF 1S79. 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 l)y the state. (State v. 
 Steamship Constitution, 42 Cal. 578.) 
 
 An act giving the horticultural commissioners 
 power to abate a nuisance caused by insect pests iu 
 orchards, etc., is authorized by this section. (Los 
 Anseles Co. v. Spencer, 12tl Cal. (170, 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 bv this section. 
 (Abeel v. Clark, 84 Cal. 220, 24 Tac. 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 I'nited States constitution. (Lin Sing v. Wash- 
 burn. 20 Cal. 534.) 
 
 An act foi-bldding the landing of lewd or debauched 
 women within the state is valid. (Ex parte Ah Fook, 
 49 Cal. 402.) 
 
 Sec. 2. No corporation now existin,^ 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 Avith 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. 
 C L. J. 409; Chapman v. Toy Long. 4 Saw. 28; Ex 
 parte Ah Cue, lUl Cal. 197, 35 Pac. 550.) 
 
 Sec. 3. No Chinese shall he employed on any 
 state, county, municipal, or other public work, 
 except in punishment fur crime.
 
 Art. XIX, § 4 co-xsTiTUTiON of 1879. ■ 342 
 
 CHINESE EMPLOYMENT.— As to the validity of 
 this provision, see Baker v. City of Portland, 3 Pac. 
 C. L. J. 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 
 coolieism is a form of human slavery, and is 
 forever prohibited in this state, and all contracts 
 for coolie 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 limits 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.— .\s to the validity of les'sla- 
 tion excludiii;,' foroipnors, see State v. Steamship 
 Constituiion, 42 Cal. .">7S; Liu Siiiff v. Wa.sliburn, 20 
 Cal. 5:54: Ex parte All Foolc, 49 (>.i\. 402; In re Par- 
 rott. 1 Fed. 481; Baker v. City of Portland, 3 Pac. 
 C. L. J. 472; Ho Ah Kow v. Nunan, 3 Pac. C. L. J. 
 413.
 
 843 CONSTITUTION OF 1879. Art. XX, § 1 
 
 AETICLE XX. 
 MISCELLANEOUS SUBJECTS. 
 
 § 1. Seat of government. 
 
 § 2. Dueling, disabilities arising from. 
 
 § 3. Oath of office. 
 
 § 4. Election and appointment of officers and com- 
 missioners. 
 
 § 5. Fiscal year. 
 
 § 6. Suits against state. 
 
 § 7. Marriage contracts, validity of. 
 
 § 8. Separate property of husband and wife. 
 
 § 9. Perpetuities not allowed. 
 
 § 10. Disqualification for office by giving or taking 
 bribe. 
 
 § 11. Exclusion from office, jury, and right of suf- 
 frage of certain persons— Protection of right 
 of suffrage. 
 
 § 12. Residence, when absence not to affect. 
 
 § 13. Plurality vote to elect. 
 
 § 14. State board of health. 
 
 § 15. Mechanic's lien. 
 
 § 16. Term of office, duration of. 
 
 § 17. Eight hours a legal day's labor. 
 
 § 18. Sex not a disqualification for business. 
 
 § 19. Payment of expenses of convention. 
 
 § 20. Election of officers— Term, when commences. 
 
 Section 1. The city of Sacramento is hereby 
 declared to be the soat of government of this
 
 Art. XX, § 2 CONSTITUTION OF 1879. 344 
 
 state, and shall so roniain 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 v. Waite, 102 
 Cal. 113, 36 Pac. 424.) 
 
 The proposed constitutional amendment of 1803 to 
 change the seat of .government to San Jose was heUl 
 invalid and ineffective, its operation beinpr limited 
 upon the uncertain 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 Tac. 424.) 
 
 An act making Valle.io 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 sliould 
 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 breacli of tlie condition. (People v. P,ig- 
 ler, 5 Cal. 23.) 
 
 Sec. 2. Any ciiizou of Ibis state who sliall, 
 after the adoption of lliis constitution, fight a 
 duel with deadly weapons, or send or accept a 
 challenge to fight a duel willi (L^idly weapons, 
 eilhor williiu tliis stale or out of it, or wlio shall
 
 345 CONSTITUTION OF 1S79. Art. XX, § 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. 3. 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 : 
 
 "I 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 tinist" 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, 
 oblect, and intent of the section be not violated. 
 (Cohen v. Wright. 22 Cal. 293.) 
 
 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. 34G 
 
 It is to be presumed that officers will qualify within 
 a reasonable time consistent with their duties, 
 (Brodie v. Campbell, 17 Cal. 11.) 
 
 The provisions of the Puiity 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. 233. 22 Pac. 173.) 
 
 The constitution does not prohibit the legislature 
 from conferring on a voluntary association of i)ersons, 
 who are not citizens of the United States, nor electors 
 of the city, the power to elect a person to fill an offlro 
 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 fiscjil year ends with the 
 thirtieth day of .Tune. ( Uollius v. Wright, 1)3 Cal. 
 3t>5, 20 Pac". 58.)
 
 347 CONSTITUTION OF 1S79. Art. XX, §§ G-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 comnieiice 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 etc. Min. Co., 
 31 Cal. tJ29.) 
 
 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 v. Gould & Curry etc. Min. Co., 
 31 Cal. 629.) 
 
 In the absence of any agreement the Husband ac- 
 quires no interest in the separate property of the 
 wife bv bestowing labor upon it. (Lewis v. Johns, 24 
 Cal. 98.) 
 
 All property whicli 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 coKSTiiXTiON 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 estjite held, both in its use and title, for 
 the exclusive beneht of the wife. To give the hus- 
 band or his creditors any claim upon the separate 
 property of the wife is unconstitutional. (George v. 
 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 v. Gould & Curry etc. 
 Mm. Co., 31 Cal. G29.) 
 
 Sec. 9. No perpetuities shall be allowed except 
 for eleemosjmary 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 
 olTerod 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 convictt'd of bribery, perjury, 
 forgery, malfeasance in office, or otlier liigh crimes. 
 The privilege of free suffrage shall ])e supported 
 by laws regulating elections and prohibiting, un-
 
 349 CONSTITUTION OF 1879. Art. XX, §§ 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 
 pledsjes 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. 304; State v. Purdy, 36 AVis. 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 thinff to a 
 third party, is voiil. (Tucker v. Aiken, 7 N. II. 140; 
 Alvord V. Collin, 20 Pick. 428.J 
 
 See, further. State v. Church, 5 Or. 375; Common- 
 wealth V. Shaver, 3 Watts & S. 3.38. 
 
 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.) 
 
 Sec. 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. 
 
 See. 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, § IG CONSTITUTION of 1S79. 350 
 
 furnished material for tlie 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 lesislation. (Spinney v. Griffith, 98 Cal. 149, 32 
 Pac. 974.) 
 
 Tlie 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 public 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. etc. 
 Assn. V. Wagner, 61 Cal. 349.) 
 
 Sec. lla. 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, mu.st be construed in the same manner. (People 
 V. Edwards. 93 Cal. l."3.) 
 
 The word "dtiralion" signifies extent, limit, or 
 time. (People v. Hill, 7 Cal. 97.)
 
 351 CONSTITUTION OF 1879. All. XX, § 16 
 
 "Good behavior" is not a term within the meaning' 
 of this section. (Somers v. State, 58 S. Dak. 584.) 
 
 Tlie 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 V. Burbank, 12 Cal. 378.) 
 
 AVhere an officer is appointed for two years, he 
 does not hold by the tenure of the approbation of 
 the appointing poAver. (People v. Eeid, 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 Pae. 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. 423.) 
 
 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 Yaugn 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 v. Board 
 of Health, 127 Cal. 388, 59 Pac. 702.)
 
 Art. XX, §§ IT, 18 CONSTITUTION OF 1879. Zo2 
 
 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 tliose cases where the tenure is de- 
 fined by law. (People v. Jewett, 6 Cal. 291.) 
 
 The constitution does not prohibit an oflice 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. Edwards, 93 Cal. 153, 28 Pac. 831.) 
 
 Where the term of an oflicer 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 ofiicer holds over. 
 (People V. Hammond, 66 Cal. 6.54, 6 Pac. 741; Peoplt- 
 V. Gunst, 110 Cal. 447, 42 Pac. 963.) 
 
 Sec. 17. Eight hours sliall constitute a legal 
 day's work on all public work. 
 
 Sec. 18. jSTo 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, wliether an 
 act of the legislature or an ordinance of a municipal 
 corjioration. (Matter of Maguire. ."7 Cal. 604.) 
 
 Tlie word "qualified," as used in tliis section, is pre- 
 .sumed to be used in its natural and ordinary sense. 
 CNIntter of Maguire, r»7 Cal. 60-1: \\"eill v. Kenlield, r>4 
 Cal. 111.) 
 
 An ordinance proliiliiting tlie enii)l()yment of fe- 
 males in dani-e-lialls. etc., is in violation of this sec- 
 tion. (Matter of Maguire. ru Cal. 604. Hut see Ex 
 parte Felclilin, 96 Cal. I'.CO, 31 Pac. 224.) 
 
 A city ordinance M-liich fixes the license for tlie 
 carrying on of a saloon wiiei-e females are eniphjycd, 
 and where intoxicating liquors are sold in less quanli-
 
 Article XS, Sectiou 17, 
 
 Sec. 17. The time of service of all laborers 
 
 publ c works of the state of California, or of any 
 eounty cty and connty, city, town d^tr t 
 
 irof''\°:'/''^'''''^'- P"''«-' ™M'v n 
 theieof, whether said work is done by contract 
 or^o herwise. shall be lin.Hed and res'rlted t 
 
 cTses of ' t " T ""' "'^""" "'y' --Pt in 
 flood „ T'°"^'''''y ""«-?»oy caused by Are 
 flood, - danger to life and property, or except to 
 «o.k upon public, nnlitary, or naval works or 
 
 P fv^drb" T 1 "■'■"■• ""' •"" '^^'^"""- ^ha 1 
 prov.de by law that a stipulation to this effect 
 shall be .neorporated in all contracts for public 
 work and prescribe proper penalties fc^. e 
 peedy and efficient enforcanent of said la 
 ( Ai.i,.n,l,„ent adopted November 4, lOOi.)
 
 353 CONSTITUTION OF 1879. Art. XX, §§ 19, 20 
 
 ties tlinn one quart, at a hi^lier rate than a license 
 f'(ir fonductinjar a saloon where females are not ein- 
 l»h).ve(l, is valid. (Ex parte Felehlin. 0(1 Cal. 3(50. 
 Opinion of MeKinstry. J., in Matter of ^Maguire, 57 
 Cal. (>14. approved.) 
 
 An ordiuuuce providing that no licen.'^e shall be is- 
 sued to persons engaged in tlie sale of liquors in dance- 
 halls, or dunce-collars, or in places where musical, the- 
 alrical, or other public exhibitions are given, and 
 Avhere females attend as waitresses, is valid. (Ex 
 parte Hayes, 08 Cal. 5.:i5, 33 Tac. 337.) 
 
 Sec. 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. 
 (Merce<l Bank y. Rosenthal, 99 Cal. 39, 31 Pac. 849, 33 
 Pac. 732.) 
 
 The officers mentioned in this section are not the 
 county, township, and municipal officers who are dis- 
 tinctly mentioued in section 5, article 11, and the 
 duration of whose terms the legislature is expressly 
 directed to fix. (In re Stuart, .13 Cal. 745.) 
 
 The officers mentioned in this section are the same
 
 Art. XX, § 20 co>STiTUTiON of 1879. 354 
 
 as those mentioned in section 10, article 22. (Barton 
 V. Kalloch. 56 Cal. 95.) 
 
 Under tliis section justices of the peace are to be 
 elected in the even-numbered years. (People v. Kan- 
 som, 58 Cal. 558: Bishop v. Oaldand. 58 Cal. 572; 
 Jenks V. Oakland, 58 Cal. 576; Coggins v. Sacra- 
 mento, 59 Cal. 599.)
 
 355 CONSTITUTION OF 1879, Alt, 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 latitiide; 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. XXI, § 1 coxsTiTUTiON OF 1879. 350 
 
 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 CONSTITUTION OF 1S79. Art. XXII, § 1 
 
 AETICLE XXII. 
 
 SCHEDULE. 
 
 § 1. Laws to remain in force. 
 
 § 2. Recognizances, obligations, etc., unaffected. 
 
 § 3. Courts, save justices' and police courts, abol- 
 ished—Transfer of records, books, etc. 
 
 § 4. State printing. 
 
 § 5. Ballots to be printed. 
 
 § 6. Registers, poll-boolvs, etc., to be furnished. 
 
 § 7. Who entitled to vote for constitution. 
 
 § 8. Canvass of. returns of vote. 
 
 § 9. Computing returns of vote. 
 
 § 10. Terms of officers first elected. 
 
 § 11. Laws applicable to judicial system. 
 
 § 12. Constitution, when to take effect. 
 
 That no inconvenience may arise from the al- 
 terations and amendments in the constitution of 
 tliis 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 beeii 
 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 1S79 did not, proprio vigore, repeal or dis- 
 place all the statutes of the state theretofore in force, 
 but only such as wore inconsistent with those pro- 
 visions of that constitution which do not require legis- 
 lation to put tiiern 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, 
 93 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. (Wickcrsliam v. Brittan, 93 Cal. 34. 
 28 rac. 792, 29 Tac. 51.) 
 
 A statute giving tlie district coin! jurisdiction of 
 a special procc(Mling is not inconsistent with the con- 
 stitution, and did not cease upon its adoption. (Wiclj- 
 ersham v. Brittan, 93 Cal. 34. Fraser v. Alexander, 
 75 Cal. 147, IG Pac. 757, overruled.) 
 
 Section 13, article 11, being only prospective, an 
 act passed prior to tlic constitution which is incon- 
 sistent with it is not sui)ersedtKl. (Commissioners 
 V. Trustees, 71 Cal. 310, 12 I'ac. 224.)
 
 359 CONSTITUTION OF 1879. Art. XXII, § 1 
 
 Sections 11S3 to 1199 of the Code of Civil Proce- 
 dure, not being inconsistent AA'ith section 15, article 
 L'O. of the constitution, remained in force after its 
 adoption. (Germania BIdg. etc. Assn. v. Wagner, 61 
 Cal. 349.) 
 
 The law providing for the election of a cleric of 
 tlie supreme court was not superseded by the con- 
 stitution. (Gross V. Kenfield. 57 Cal. 626.) 
 
 Section 1, article 13, 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 tlie 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 sliould be ap- 
 pointed, did not necessarily destroy the two otfices, 
 nor affect the validity of the act, but the incumbents 
 continued to hold after the appointing power was 
 a!)olished. (People v. Newman, 96 Cal. 605, 31 Pac. 
 564.) 
 
 Where, at tlie adoption of the constitution, the 
 Political Code fixed tlie 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 tlie special act 
 never went into effect, (Peachy v. Supervisors, 59 
 Cal. .548; Whiting v. Haggard, 60 Cal. 51,3.) 
 
 Where a special act was passed prior to the new 
 constitution, but it was provided that it should not 
 aftect the present incnmlient, whose term did not ex- 
 jjire until after the constitution went into effect, the 
 act was not superseded by the constitution. (Los 
 Angeles v. La ml). 61 Cal. 196. Peachy v. Super- 
 visors, 59 Cal. 548, distinguished.)
 
 Art. XXII, § 1 CONSTITUTION OF 1879. 3G0 
 
 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. Kuprgles, 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, Gl 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, etc., 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. 153.) 
 
 Held that an ordinance prohibiting the employ- 
 ment of females in dance-halls, etc., being in con- 
 flict with section 18, article 20, ceased upon the adoj)- 
 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. wliich provides tliat tlie local 
 boards of e<lncation sliould adojit text-books within 
 tlicir respective jurisdictions. (People v. Board of 
 Education, 55 Cal. :v.n.) 
 
 An act i)assed before the adoption of the consti- 
 tution, but which was not to go into effect until a 
 later date, never wont 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, actionsj, 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 coxsTiTUTiox of 1ST9. 3G2 
 
 under the old constitution, and ho Tvas re-elected, 
 under the new, he may, as a judge under the new, 
 decide the case on the evidence then taken, without 
 a resubmission. (Scale v. Ford, 29 Cal. 104.) 
 
 The amendments to the constitution in 1802 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 1SG6. 
 were continued in force by this section, and are not 
 affected bv the provisions of the County Government 
 Act. (Kahn v. Sutro, 114 Cal. 31G. 46 Fac. 87. But 
 see People v. Cobb, 21 Cal. Dec. 779.) 
 
 The superior court of San Francisco is the suc- 
 cessor of the municipal criminal court of that city 
 and countv. (Ex parte Williams, 87 Cal. 78, 24 Pac. 
 602, 2.5 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 v. 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. (G'urnee v. Superior Court, 58 Cal. 88; San 
 Francisco Sav. Union v. Abbott, 59 Cal. 400.) 
 
 It would seem that it was intended that the su- 
 perior judge should succeed to the duty of the 
 countv 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 Avrits to the exe- 
 cution of its judgment. (Ex parte Toland, 54 Cal. 
 314.) 
 
 The superior court is the successor of the district 
 court, and may carry into execution a judgment of 
 deatli rendi'red by the district court. (People v. C(»l- 
 by, 54 Cal. 184.) 
 
 Sec. 4. The superintendent of printinf^ 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, §§ G, 7 coxsTiTXJTiON of 1879. 3G4 
 
 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- 
 l)ly in this state, shall be entitled to vote for the 
 adoption or rejection of this constitution.
 
 3U5 CONSTITUTION OF 1879. Art. XXII, §§ 8, 9 
 
 Sec. 8. The officers of tlie several counties of 
 this state, wliose duty it is, under the law, to 
 receive and canvass the returns from the several 
 precincts of tlieir 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- 
 cinct in the county in which the polls were opened 
 have heen received, the hoard must then and there 
 proceed to canvass the returns; hut if all the 
 returns have not been received, the canvass must 
 be postponed from time to time imtil 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 proscribed for 
 like hoards 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. 
 
 Sec. 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. XXII, § 10 coNSTiTUTiox OF 1S79. 3GG 
 
 of votes cast for and against the new constitution. 
 If, by such examination and computation, it is 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 sliall be elected at the time and in the 
 manner that state officers are elected. 
 
 ELECTIONS.— Sugfrested but not decided that it 
 may have been, and i)rol)al)ly was. contemplated by 
 the framers of the const itul ion tliat, when the legis- 
 lature sliould provide for the election of county, 
 township, and municipal ofticers, it would require 
 such election to be lield in tlie even-numbered years; 
 but wliellier tlie legislature must do so, not decided. 
 (Barton v. Kallocli. r,{\ Cal. 0.").) 
 
 Tliis section i-efei's only to the officers mentioned 
 in section -0, 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, 5G 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. Gil; 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, G2 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 v. 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 18G2, 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 18G6 were 
 continued in force by tliis section, and are not af- 
 fected by the County novernment ^ct. (Kahn v. 
 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 coNSTiTrxiON of 1S79. 3G8 
 
 The superior court has jurisdiction, as the suc- 
 cessor of the district court, to entertain proceedings 
 under sections 312 and 31.5 of the Civil Code, although 
 those sections mention the district court. (Wicker- 
 sham V. Brittan. 93 Cal. 34, 28 Tac. 792. 29 Pac. 51.) 
 
 The power of apixjinting 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 v. Sullivan. 64 Cal. 378, 1 Pac. 158.) 
 
 Under this section, the law giving the district 
 court power to fix the compensation of phonographic 
 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 api)lied 
 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, Avithout 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, cleric, and sheriff 
 was not superseded by the constitution, since the 
 superior judge would either succeed to the duty of 
 tlie county judge, or, tliere being no county judge, tlie 
 presence of the clerk and sheriff Avould be sufficient. 
 (People V. Gallagher, 55 Cal. 462.) 
 
 Sec. 12. This constitution shall take eflCcct and 
 be in force on and after the fourth day of July, 
 eigliteen hundred and sevonty-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 meeting of the legislature. 
 In all other respects, and for all other purposes, 
 this constitution shall take effect on the lirst day
 
 369 
 
 CONSTITUTION OF 1879. 
 
 Signers 
 
 of January, eighteen liundred and eighty, at twelve 
 o'clock meridian. 
 
 J. P. HOGE, 
 President. 
 Smith, Secretary. 
 
 Jolm 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. E. W. Hitchcock, 
 J. E. Hale, 
 
 ■Attest: Edwin F. 
 A. R, Andrews, 
 James J. Ayers, 
 Clitus Barbour, 
 Edward 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,
 
 Signers 
 
 CONSTITUTION OF 1879. 
 
 370 
 
 Volney E. Howard, 
 Sam A. Holmes, 
 W. J. Howard, 
 Wm. Proctor Hugliey, 
 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. K. Kleine, 
 T. H. Laine, 
 Henry Larkin, 
 K. M. Lampson, 
 R. Lavigne, 
 H. M. La Eue, 
 David Lewis, 
 J. F. Lindow, 
 Jno. Mansfield, 
 Edward Martin, 
 J. West Martin, 
 Push McComas, 
 John G. McCallum, 
 Thomas McConnell, 
 Jolm McCoy, 
 Thomas B. McFarland, 
 Hiram Mills, 
 
 Wm. S. Moffatt, 
 John Fleming IMcNutt, 
 W. W. Moreland, 
 L. D. Morse, 
 James E. Murphy, 
 Edmund Nason, 
 Thorwald Klaudius Nel- 
 son, 
 Henry Neunaber, 
 Chs. C. O'Donnell, 
 George Ohleyer, . 
 James 0' Sullivan, 
 James Martin Porter, 
 William H. Prouty, 
 M. R. C. Pulliam, 
 Chas. F. Peed, 
 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. 0. Smith, 
 Bcnj. Sluirtlcff, 
 Geo. Vcnable Smith, 
 H. W. Sinith, 
 John C. Stedman,
 
 371 
 
 CONSTITUTION OF 1879. 
 
 Signers 
 
 E. P. Sonle, 
 J). C. Stevenson, 
 Geo. Steele, 
 Clias. V. Stuart, 
 W. J. Sweasey, 
 Charles Swenson. 
 R. S. Swing, 
 
 D. S. Terry, 
 S. B. Thompson, 
 
 F. 0. Townsend, 
 W. J. Tinnin, 
 Daniel Tuttle, 
 P. B. Tully, 
 H. K. Turner, 
 A. P. Vacquerel, 
 
 Walter A'an Dyke, 
 Wm. Van Voorhies, 
 Hugh Walker, 
 Jno. Walker, 
 Byron Waters, 
 Joseph E. 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, 3 Cal, 380. 
 176 71 Bui-iroyue v. Supervisors, 5 Cal. 9. 
 205 85 People v. Burbank, 12 Cal. 378. 
 210 86 Bursoyne v. Supervisors. 5 Cal. 9. 
 254 103 Georffe v. Ransom, 15 Cal. 322. 
 275 119 People v. Tinder, 19 Cal. 539. 
 428 142 In re Holdforth, 1 Cal. 438. 
 
 1851 9 1 Parsons v. Tuolumne etc. Co., 5 
 
 Cal. 43; Zander v. Coe, 5 Cal. 
 230. 
 51 5 Tav v. Ilawley, 39 Cal. 93; Exline 
 
 V. Smith, 5 Cal. 112; Crawford 
 V. Bark Caroline Keed, 42 Cal. 
 469. 
 Smith V. Morse, 2 Cal. 524. 
 
 1852 78 36 State v. Steamship Oonstitulion, 
 42 Cal. 578. 
 
 People v. Wells, 2 Cal. 106. 610. 
 People V. llosborough, 14 Cal. 180. 
 
 1853 71 51 State v. Steamship Constitution, 
 42 Cal. 578. 
 
 Guy V. Ilermance, 5 Cal. 73. 
 Ilardenburgh v. Kidd, 10 Cal. 402. 
 
 1854 84 78 Houston v. Williams, 13 Cal. 24. 
 Dickey v. Hurlburt, 5 Cal. 343. 
 
 1855 80 73 Greely v. Townsend, 25 Cal. 604. 
 Gillan v. Hutchinson, 16 Cal. 1.j3. 
 Stone V. Elkiiis, 24 Cal. 12."). 
 Bobiiison v. IMagee, 9 Cal. 81. 
 IVoitle V. .Tolmson, 6 Cal. 499. 
 Dick's Estate v. Gherke, 6 Cal. 
 
 mn 
 
 (.(72) 
 
 387 
 
 88 
 
 78 
 
 36 
 
 162 
 
 87 
 
 233 
 
 146 
 
 71 
 
 51 
 
 219 
 
 160 
 
 233 
 
 167 
 
 84 
 
 78 
 
 108 
 
 128 
 
 80 
 
 73 
 
 145 
 
 119 
 
 160 
 
 131 
 
 165 
 
 1.38 
 
 180 
 
 145 
 
 299 
 
 229
 
 873 TTNCONSTITUTIONAL STATUTES. 
 
 Statutes Page Chapter Case 
 
 1856 54 47 Billings t. Hall, 7 Cal. 1. 
 
 100 85 McCauley v. Brooks, 16 Cal. 11. 
 
 110 95 Nouf^ues 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. Tenipleton, 12 Cal. 394. 
 
 1S58 32 43 McCauley v. Weller, 12 Cal. 500. 
 
 124 171 Ex parte Newman, 9 Cal. 502; 
 
 contra, Ex parte Andrews, 18 
 
 Cal. 678. 
 254 288 San Francisco v. Spring Valley 
 
 W. W., 48 Cal. 493. 
 305 319 Brumagim v. Tillinghast, 18 Cal. 
 
 265. 
 322 336 Grogau v. San Francisco, 18 Cal. 
 
 590. 
 
 1859 343 315 People v. McCreery, 34 Cal. 432; 
 People V. Gerlje, 35 Cal. 677. 
 
 Lin Sing v, Washburn, 20 Cal. 
 
 534. 
 People V. Raymond, 34 Cal. 492. 
 
 People y. Washington. 36 Cal. 658. 
 Crosby v. Lyon, 37 Cal. 242. 
 Bourland v. Hildreth, 26 Cal. 161. 
 Gaulfield v. Stevens, 28 Cal. 118. 
 
 People V. Sanderson, 30 Cal. 160: 
 Day V. Jones, 31 Cal. 261. 
 
 People V. Kelsey, 34 Cal. 470. 
 People V. McCreery, 34 Cal. 432; 
 
 People V. Gerlve, 35 Cal. 677. 
 Pryor v. Downey, 50 Cal. 388. 
 
 Waterloo T. R. Co. v. Cole, 51 
 Gal. 381. 
 196 Rose V. Estudillo, 39 Cal. 270. 
 Wilson V. Supervisors, 47 Cal. 91. 
 
 In re Market St., 49 Cal. 546, 
 
 Smith V. Brown, 59 Cal. 672; Peo- 
 ple V. Edwards, 93 Cal. 153. 
 
 Constitution— 32 
 
 1802 
 
 462 
 
 339 
 
 
 539 
 
 416 
 
 1863 
 
 69 
 145 
 
 549 
 
 586 
 
 70 
 125 
 
 355 
 395 
 
 1804 
 
 198 
 431 
 
 204 
 383 
 
 1805-66 689 
 
 786 
 
 528 
 505 
 
 
 824 
 
 590 
 
 1867-68 159 
 
 181 
 
 
 176 
 
 316 
 
 196 
 293 
 
 1809-' 
 
 70 026 
 
 434 
 
 1871-72 243 
 
 204
 
 UNCONSTITUTIONAL STATUTES. 374 
 
 Statutes Page Chapter Case 
 
 1871-72 415 308 Williams v. Corcoran. 46 Cal. 553. 
 443 334 Chollar M. Go. v. Wilson, 66 Cal. 
 
 374. 
 773 536 Savings etc. Soc. v. Austin, 46 
 Cal. 415. 
 
 1873-74 50 54 Young f. 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 Pae. 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 Oal. 233. 
 896 045 People v. Lynch, 51 Oal. 15. 
 
 1875-76 82 114 Spring Valley W. W. v. Bryant, 
 
 52 Cal. 132. 
 140 137 People v. Houston, 54 Cal. 536. 
 214 190 Hoagland v. Sacramento, 52 Cal. 
 
 142. 
 753 495 Montgomery Avenue Case, 54 Cal. 
 
 579. 
 
 1877-78 181 138 Knox v. Los Angeles, 58 Cal. 59. 
 341 282 Fanning v. Scammel, 68 Oal. 428, 
 
 i) Pac. 427. 
 419 317 Schumacher v. Toberman, 56 
 
 Oal. 508. 
 442 333 Purdy v. Sinton, 56 Oal. 133. 
 777 501 I'.oorinan v. Santa Barbara, 65 
 
 Cal. 313, 4 Pac. 31. 
 
 1880 1 1 Weill v. Kenfield, 54 Oal. 111. 
 
 20 26 San Francisco v. Broderick, 125 
 
 Cal. 188, 57 Pac. 887. 
 55 03 Ilutson v. Protection Dlst., 79 Cal. 
 
 90. 10 Pac. 549, 21 Pac. 435. 
 67 71 People v. Chapman, 61 Cal. 262. 
 
 80 84 Dx parte Westortield, 55 Cal. 550. 
 
 123 110 In re Ah Chong, 5 Pac. 0. L. J. 
 451.
 
 375 UNCONSTITUTIONAL STATUTES. 
 
 Statutes Page Chapter Case 
 
 1880 123 117 Doanev. Well, 58 Cal. 334; People 
 
 V. Parks, 58 Cal. 624; Callahan 
 V. Dunn, 78 Cal. 3G6, 20 Pac. 
 f737. 
 137 124 Desmond v. Dunn, 55 Cal. 242. 
 527 244 Leonai-d v. January, 56 Cal. 1; 
 (Ban.) Dillon v. Bicknell, 116 Cal. Ill, 
 
 47 Pac. 937. 
 
 1881 15 21 Nickey v. Stearns Ranchos Co., 
 
 126 Cal. 150, 58 Pac. 459. 
 51 51 Ex parte Cox, 63 Cal. 21. 
 
 54 52 Fitch v. Supervisors, 122 Cal. 285, 
 
 54 Pac. 901. 
 81 71 People v. Chapman, 61 Cal. 262. 
 
 1883 54 30 People v. Kewen, 69 Cal. 215, 10 
 
 Pac. 393. 
 93 49 Tulare v. Hevren, 126 Cal. 226, 58 
 
 Pac. 530. 
 370 82 Los Angeles v. Teed, 112 Cal. 319, 
 
 44 Pac. 580. 
 1885 13 15 San Francisco v. Insurance Co., 
 
 74 Cal. 113, 15 Pac. 380. 
 45 39 Western Granite etc. Co. v. 
 .Knickerbocker, 103 Cal. Ill, 37 
 Pac. 192. 
 160 154 Miller v. Kister, 68 Cal. 145, 8 
 Pac. 813; People v. Henshaw, 
 76 Cal. 436, 18 Pac. 413. 
 203 157 People v. Kewen, 69 Cal. 215, 10 
 Pac. 393. 
 1887 178 169 Dougherty v. Austin, 94 Cal. 601, 
 
 28 Pac. 834, 29 Pac. 1092. 
 1889 148 138 Farrell v. Board of Trustees, 85 
 Cal. 408, 24 Pac. 868. 
 212 178 Cullen v. Glendora Water Co., 113 
 Cal. 503, 39 Pac. 769, 45 Pac. 
 «22. 
 1232 '206 San Luis Obispo v. Graves, 84 
 
 Cal. 71, 23 Pac. 1032. 
 302 207 People v. Common Council, 85 
 Cal. 3C9, 24 Pac. 727; Fisher v. 
 Police Court, 80 Cal. 158, 24 
 Pac. 1000.
 
 UNCONSTITUTIONAL STATUTES. 376 
 
 Statutes Page Cbapter Case 
 
 1889 455 1 People v. Teal, 85 Cal. S33, 24 
 
 Pac. 603. 
 1891 5 7 San Francisco v. Broderick, 125 
 
 'Cal. 188, 57 Pac. 887. 
 182 137 McCabe v. Carnenter, 102 Cal. 469, 
 
 66 Pac. 836. 
 195 146 Slocum v. Bear Valley Irr. Co.. 
 
 122 Cal. 555, 55 Pac. 403; Keen- 
 er V. Eagle etc. Co., 110 Cal. 
 
 e27, 43 Pac. 14; Ackley v. Black 
 
 Hawk etc. Co., 112 Cal. 42, 44 
 
 iPac. 330. 
 283 205 Murray v. Colgan, 94 Cal. 435, 
 
 29 Pac. 871. 
 295 216 People v. .Johnson, 95 Cal. 471, 
 
 31 Pac. 611; Welch v. Bramlet, 
 
 98 Cal. 219, 33 Pac. 66; Bloss v. 
 
 Lewis, 109 Cal. 493, 41 Pac. 
 
 1081. 
 433 226 Ex parte Giambonini, 117 CaL 
 
 573, 49 Pac. 732. 
 513 280 Conlin v. Supervisors, 99 Cal. 17, 
 
 33 Pac. 753. 
 1893 33 21 Ramish v. Hartwell, 126 Cal. 
 
 443, 58 Pac. 920. 
 57 45 Molineux v. State, 109 Cal. 378, 
 
 42 Pac. 34. 
 59 47 Los Angeles v. Teed, 112 Cal. 
 
 319, 44 Pac. 580. 
 61 48 Los Angeles v. Hance, 122 Cal. 
 
 77, 55 Pac. 387. 
 127 112 Rnucr v. Williams, 118 Cal. 401, 
 
 50 Pac. G91. 
 168 143 People v. Markham, 104 Cal. 232, 
 
 37 Pac. 918. 
 280 197 Darcy v. Mayor of San Jose, 
 
 104 Cal. 642, 38 Pac. 500. 
 346 234 Hale v. McGettigan, 114 Cal. 112, 
 
 45 Pac. K)49. 
 1895 1 2 Dwvcr v. Parker, 115 Gal. 544, 
 
 47 Pac. 372. 
 107 11.". Taylor v. Mott, 123 Oal. 497, 56 
 
 Pac. 256. 
 164 160 K.Muer v. Williams, 118 Cal. 401, 
 
 50 i':ic. (;;)i.
 
 377 UNCONSTITUTIONAL STATUTES. 
 
 Statutes Page Chapter Case 
 
 1895 205 178 Miner v. Justice's Court, 121 Cal 
 2C4, 53 Pac. 795. 
 207 181 Marsh v. Supervisors, 111 Cal. 
 368. 43 Pac. 975; Gett v. Su- 
 pervisors, 111 Cal. 366, 43 Pac. 
 1122. 
 246 200 Ex parte .Tentzsch, 112 Cal. 468, 
 
 .44 Pac. 80.3. 
 
 267 207 Fatjo v. Pfister, 117 Cal. 86, 48 
 
 Pac. 1012; Dwyer v. Parlier, 
 
 115 Cal. 544. 47 Pac. 372; Coolev 
 
 V. Calaveras Co., 121 Cal. 482, 
 
 53 Pac. 1075; Kiernan v. Swan, 
 131 Cal. 410. 
 
 341 221 Dcnman v. Broderick, 111 Cal. 
 
 96. 43 Pac. 516. 
 409 12 Miner v. Justice's Court, 121 Cal. 
 
 264, 53 Pac. 795. 
 1897 54 60 Popper v. Broderick, 123 Cal. 456, 
 
 56 Pac. 53. 
 72 78 Popper v. Broderick, 123 Cal. 456, 
 
 56 Pac. 53. 
 75 82 Los Angeles v. Hance, 122 Cal. 
 
 77, 54 Pac. 387. 
 77 83 Estate of Stanford. 126 Cal. 112, 
 
 54 Pac. 259, 58 Pac. 462. 
 
 115 106 Spier v. Baker, 120 Cal. 370, 52 
 
 Pac. 659. 
 135 107 Pereria v. Wallace, 129 Cal. 397, 
 
 6 Pac. 61. 
 192 132 Popper v. Broderick, 123 Cal. 456, 
 
 56 Pac. 53. 
 231 170 Johnson v. Goodyear Min. Co., 
 
 127 Cal. 4, 59 Pac. 304. 
 452 277 Loui?her v. Soto, 129 Cal. 610, 62 
 Pac. 184. 
 1899 24 24 People v. Curry, 130 Cal. 82, 62 
 
 Pac. 516. 
 47 46 Britton v. Board of Election 
 
 Commrs., 129 Cal. 337, 61 Pac. 
 1115. 
 1901 117 102 Lewis v. Dunne, 22 Cal. Dec. 559. 
 Lewis V. Dunne, 22 Cal. Dec. 559. 
 Lewis V. Dunne, 22 Cal. Dec. 559. 
 
 117 
 
 102 
 
 332 
 
 157 
 
 433 
 
 158
 
 TABLE OF PARALLEL SECTIONS 
 
 IN CONSTITUTIONS OF 
 
 184:9 AND 1879. 
 
 1879 
 
 1849 
 
 187 
 
 9 
 
 1849 
 
 
 Art. See. Art. Sec. 
 
 ArU 
 
 Sec. 
 
 Art. 
 
 Sec 
 
 J 1 I 
 
 1 
 
 I 
 
 21 
 
 
 
 2 
 
 2 
 
 
 22 
 
 
 
 3 
 
 
 
 23 
 
 I 
 
 21 
 
 4 
 
 4 
 
 
 24 
 
 
 
 5 
 
 5 
 
 II 
 
 1 
 
 II 
 
 1 
 
 6 
 
 6 
 
 
 1 
 
 
 5 
 
 6 
 
 7 
 
 
 2 
 
 
 2 
 
 7 
 
 3 
 
 
 3 
 
 
 3 
 
 8 
 
 
 
 4 
 
 
 4 
 
 9 
 
 9 
 
 
 5 
 
 
 6 
 
 10 
 
 10 
 
 III 
 
 1 
 
 III 
 
 1 
 
 11 
 
 11 
 
 IV 
 
 1 
 
 IV 
 
 1 
 
 12 
 
 12 
 
 
 2 
 
 
 2 
 
 12 
 
 13 
 
 
 3 
 
 
 3 
 
 13 
 
 8 
 
 
 4 
 
 
 4 
 
 14 
 
 
 
 4 
 
 
 5 
 
 15 
 
 15 
 
 
 5 
 
 
 6 
 
 IG 
 
 K! 
 
 
 
 
 7 
 
 17 
 
 IT 
 
 
 G 
 
 I 
 
 14 
 
 18 
 
 IS 
 
 
 G 
 
 IV 
 
 28 
 
 19 
 
 10 
 
 
 G 
 
 
 29 
 
 20 
 
 20 
 
 
 6 
 
 Schedule 
 
 14 
 
 (378)
 
 379 
 
 PARALLEL SECTIONS. 
 
 1879 
 
 1849 
 
 
 1879 
 
 1849 
 
 
 Art. Sec. 
 
 Art. 
 
 Sec. 
 
 Art. 
 
 Sec. 
 
 Art. 
 
 Sec 
 
 IV 7 
 
 IV 
 
 8 
 
 V 
 
 13 
 
 V 
 
 14 
 
 8 
 
 
 9 
 
 
 14 
 
 
 15 
 
 9 
 
 
 10 
 
 
 15 
 
 
 16 
 
 10 
 
 
 11 
 
 
 16 
 
 
 17 
 
 11 
 
 
 12 
 
 
 17 
 
 
 18 
 
 12 
 
 
 13 
 
 
 18 
 
 
 19 
 
 13 
 
 
 14 
 
 
 
 
 20 
 
 14 
 
 
 15 
 
 
 19 
 
 
 21 
 
 15 
 
 
 16 
 
 
 19 
 
 Schedule 
 
 15 
 
 16 
 
 
 17 
 
 
 20 
 
 
 
 17 
 
 
 18 
 
 VI 
 
 1 
 
 VI 
 
 1 
 
 18 
 
 
 19 
 
 
 2 
 
 
 2 
 
 19 
 
 
 20 
 
 
 3 
 
 
 3 
 
 20 
 
 
 21 
 
 
 4 
 
 
 4 
 
 21 
 
 
 22 
 
 
 5 
 
 
 6 
 
 22 
 
 
 23 
 
 
 5 
 
 
 8 
 
 23 
 
 
 24 
 
 
 
 
 5 
 
 24 
 
 
 25 
 
 
 6 
 
 
 7 
 
 24 
 
 XI 
 
 21 
 
 
 7 
 
 
 
 25 
 
 IV 
 
 26 
 
 
 8 
 
 
 
 26 
 
 
 27 
 
 
 9 
 
 
 
 27 
 
 
 30 
 
 
 10 
 
 
 
 28 
 
 
 38 
 
 
 11 
 
 
 9 
 
 29 
 
 
 
 
 12 
 
 
 
 30 
 
 
 
 
 
 
 12 
 
 31 
 
 XI 
 
 10 
 
 
 13 
 
 
 10 
 
 32 
 
 
 
 
 14 
 
 
 11 
 
 33 
 
 
 
 
 15 
 
 
 13 
 
 34 
 
 I 
 
 22 
 
 
 10 
 
 
 14 
 
 35 
 
 
 
 
 17 
 
 
 15 
 
 V 1 
 
 V 
 
 1 
 
 
 18 
 
 
 16 
 
 2 
 
 
 2 
 
 
 19 
 
 
 17 
 
 3 
 
 
 3 
 
 
 20 
 
 
 18 
 
 4 
 
 
 4 
 
 
 21 
 
 
 
 5 
 
 
 5 
 
 
 22 
 
 
 
 6 
 
 
 6 
 
 
 23 
 
 
 
 7 
 
 . 
 
 7 
 
 
 24 
 
 
 
 8 
 
 
 8 
 
 VII 
 
 1 
 
 VII 
 
 1 
 
 9 
 
 
 9 
 
 VIII 
 
 1 
 
 VIII 
 
 1 
 
 10 
 
 
 10 
 
 
 1 
 
 
 2 
 
 11 
 
 
 11 
 
 
 1 
 
 
 
 12 
 
 
 12 
 
 
 2 
 

 
 PARALLEL SECTIONS. 
 
 380 
 
 1879 
 
 1849 
 
 
 1879 
 
 1849 
 
 
 Art, Sec. 
 
 Art. 
 
 Sec. 
 
 Art. 
 
 Sec. 
 
 Art. 
 
 Sec 
 
 IX 1 
 
 IX 
 
 2 
 
 XII 
 
 6 
 
 
 
 2 
 
 
 1 
 
 
 7 
 
 
 
 3 
 
 
 
 
 8 
 
 
 
 4 
 
 
 
 
 
 
 
 
 5 
 
 
 3 
 
 
 10 
 
 
 
 6 
 
 
 
 
 11 
 
 
 
 7 
 
 
 
 
 12 
 
 
 
 8 
 
 
 
 
 13 
 
 
 
 9 
 
 
 4 
 
 
 14 
 
 
 
 X 1 
 
 
 
 
 15 
 
 
 
 2 
 
 
 
 
 16 
 
 
 
 3 
 
 
 
 
 17 
 
 
 
 4 
 
 
 
 
 18 
 
 
 
 5 
 
 
 
 
 19 
 
 
 
 6 
 
 
 
 
 20 
 
 
 
 XI 1 
 
 
 
 
 21 
 
 
 
 2 
 
 
 
 
 22 
 
 
 
 3 
 
 
 
 
 23 
 
 
 
 4 
 
 XI 
 
 4 
 
 
 24 
 
 
 
 5 
 
 
 5 
 
 XIII 
 
 1 
 
 XI 
 
 la 
 
 5 
 
 
 9 
 
 
 2 
 
 
 
 6 
 
 
 
 
 3 
 
 
 
 7 
 
 
 
 
 4 
 
 
 
 8 
 
 
 
 
 5 
 
 
 
 8^ 
 
 
 
 
 6 
 
 
 
 n 
 
 
 
 
 7 
 
 
 
 10 
 
 
 
 
 8 
 
 
 
 11 
 
 
 
 
 9 
 
 
 
 12 
 
 
 
 
 10 
 
 
 
 13 
 
 
 
 
 11 
 
 
 
 14 
 
 
 
 
 12 
 
 
 
 15 
 
 
 
 
 13 
 
 
 
 16 
 
 
 
 XIV 
 
 1 
 
 
 
 17 
 
 
 
 
 o 
 
 
 
 ].S 
 
 IV 
 
 37 
 
 XV 
 
 1 
 
 
 
 10 
 
 
 
 
 2 
 
 
 
 XII 1 
 
 IV 
 
 31 
 
 
 3 
 
 
 
 2 
 
 
 32 
 
 XVI 
 
 1 
 
 VIII 
 
 1 
 
 3 
 
 
 3(; 
 
 
 1 
 
 Schedule 
 
 16: 
 
 4 
 
 
 33 
 
 XVII 
 
 1 
 
 XI 
 
 1& 
 
 5 
 
 
 34 
 
 
 2 
 
 
 
 5 
 
 
 35 
 
 
 3 
 

 
 381 
 
 FABALLEL SECTIONS. 
 
 1870 
 Art. Sec. 
 
 1849 
 Art. 
 
 XVIII 
 XIX 
 
 XX 
 
 XI 
 
 1 
 
 2 
 
 3 
 
 4 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 10 
 11 
 12 
 
 12 Schedule 
 
 13 XI 
 14 
 
 15 
 16 
 
 Sec. 
 1 
 2 
 
 1 
 2 
 3 
 
 6 
 8 
 11 
 12 
 14 
 16 
 17 
 18 
 19 
 4 
 20 
 
 1879 
 
 Art. Sec. 
 XX 17 
 
 1849 
 Art, 
 
 XXI 
 XXII 
 
 18 
 19 
 
 20 Schedule 
 XII 
 Schedule 
 
 10 
 11 
 12 
 
 VI 
 
 Schedule 
 
 IV 
 
 Sec. 
 
 13 
 1 
 3 
 
 1 
 
 19 
 2 
 G 
 6 
 6 
 5 
 
 7 
 8 
 9 
 10 
 11 
 12 
 39
 
 TABLE OF CALIFORNIA CITA- 
 TIONS TO CONSTITU- 
 TION OF 1849. 
 
 [Citations are to California Reports, Vols. 1 to 132.] 
 
 I-l 1-8 (Con.) 1-15 III-l 
 
 7 6 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 1-16 17 567 
 
 32 249 41 168 22 316 20 43 
 
 33 281 42 168 22 478 
 36 671 43 79 1-17 24 126 
 38 703 48 334 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 47 653 
 
 59 245 1-21 50 403 
 
 1-3 66 500 32 240 
 
 16 253 69 372 IV-1 
 22 316 109 449 II-l 5 21 
 
 109 622 5 25 46 514 
 
 1-4 130 495 26 178 47 652 
 9 504 
 
 17 612 1.9 11-2 IV-3 
 
 18 680 22 316 26 209 26 254 
 
 1-5 l-ll II-3 IV-5 
 
 11 226 17 552 26 249 26 253 
 
 24 544 
 
 1-7 26 255 II-4 IV-7 
 
 19 541 3G 671 26 211 8 415 
 41 31 37 375 28 140 
 
 38 703 38 93 IV-8 
 
 1-8 43 432 34 535 
 
 12 83 52 601 II-6 
 
 18 251 58 61 26 180 IV-10 
 22 316 34 535 
 (382)
 
 88: 
 
 J 
 
 CITATIONS 
 
 1. 
 
 
 
 IV-17 
 
 IV-31 (Con.) 
 
 V-8 
 
 VI-1 
 
 6 GGO 
 
 77 371 
 
 1 535 
 
 1 
 
 145 
 
 9 522 
 
 98 53 
 
 2 203 
 
 1 
 
 380 
 
 39 541 
 
 109 580 
 
 3 505 
 
 5 
 
 20 
 
 
 111 66 
 
 6 290 
 
 11 
 
 85 
 
 IV-18 
 
 119 341 
 
 7 523 
 
 12 
 
 387 
 
 34 535 
 
 
 8 12 
 
 21 
 
 417 
 
 
 IV-32 
 
 20 507 
 
 22 
 
 478 
 
 IV-19 
 
 24 538 
 
 22 314 
 
 34 
 
 523 
 
 2 211 
 
 35 166 
 
 34 541 
 
 34 
 
 532 
 
 22 314 
 
 62 461 
 
 37 641 
 
 39 
 
 517 
 
 45 218 
 
 111 62 
 
 
 41 
 
 131 
 
 118 483 
 
 
 V-11 
 
 48 
 
 74 
 
 
 IV-34 
 
 34 53G 
 
 52 
 
 223 
 
 IV-20 
 
 52 198 
 
 
 
 
 22 314 
 
 105 377 
 
 V-1 2 
 
 VI 
 
 -.2 
 
 
 
 22 314 
 
 2 
 
 202 
 
 TV-21 
 
 IV-35 
 
 
 5 
 
 104 
 
 10 43 
 
 105 378 
 
 V-13 
 
 
 
 22 314 
 
 
 34 536 
 
 VI-3 
 
 52 39 
 
 IV-36 
 
 43 441 
 
 2 
 
 202 
 
 
 24 538 
 
 
 8 
 
 ]G 
 
 IV-23 
 
 35 166 
 
 V-16 
 
 10 
 
 4G 
 
 36 621 
 
 62 461 
 
 2 223 
 
 
 
 106 116 
 
 111 62 
 
 10 44 
 
 VI-4 
 
 
 
 26 253 
 
 1 
 
 87 
 
 IV-24 
 
 IV-37 
 
 34 536 
 
 1 
 
 91 
 
 9 347 
 
 31 252 
 
 62 569 
 
 1 
 
 145 
 
 
 34 523 
 
 
 3 
 
 24S 
 
 IV-25 
 
 47 657 
 
 V-17 
 
 3 
 
 389 
 
 2 299 
 
 48 318 
 
 10 44 
 
 9 
 
 89 
 
 6 383 
 
 51 24 
 
 62 569 
 
 10 
 
 4' J 
 
 9 522 
 
 
 
 10 
 
 253 
 
 10 316 
 
 V-1 
 
 V-18 
 
 13 
 
 30 
 
 36 622 
 
 5 21 
 
 15 62 
 
 25 
 25 
 
 28 
 95 
 
 IV-31 
 
 V"-2 
 
 V-20 
 
 27 
 
 107 
 
 5 46 
 
 10 44 
 
 15 62 
 
 30 
 
 101 
 
 22 423 
 
 26 253 
 
 26 253 
 
 31 
 
 144 
 
 37 379 
 
 62 569 
 
 
 34 
 
 33 
 
 37 540 
 
 
 V-21 
 
 40 
 
 482 
 
 48 509 
 
 V-4 
 
 9 347 
 
 42 
 
 56 
 
 52 143 
 
 34 536 
 
 47 366 
 
 49 
 
 140 
 
 54 95 
 
 
 
 53 
 
 291
 
 CITA.TIONS. 384: 
 
 VI-4(Con.) VI-8(Con.) VI-15 X-7 
 
 55 191 20 44 2 203 55 524 
 
 60 654 28 119 9 3^6 
 
 80 575 12 392 ^I"! 
 
 VI-5 34 689 5 32 
 
 1 381 36 27 VI-16 50 572 
 
 3 504 37 161 12 392 
 
 11 85 38 157 30 303 XI-3 
 
 12 387 39 99 38 395 17 20 
 
 29 485 41 131 22 307 
 
 42 56 VI-17 24 243 
 
 VI-6 44 125 27 513 
 
 3 389 45 217 55 238 oo Ttv. 
 
 4 342 45 679 §f ^ 
 
 5 95 48 72 VMS % ^^ 
 5 230 51 433 59 191 Jl ??^ 
 
 9 87 52 223 ^8 31» 
 10 253 53 413 VT-19 ^^ ^^ 
 24 65 58 402 21 41G 
 26 383 
 28 121 VI-9 VIII-1 
 
 30 575 3 389 6 500 
 81 144 5 279 7 66 
 
 31 339 6 66 13 182 
 34 688 9 88 15 454 
 86 28 15 92 16 253 
 42 56 19 572 23 174 
 
 51 501 24 66 27 206 
 
 52 491 24 452 112 167 
 54 288 28 119 
 58 400 42 67 IX-2 
 64 288 53 413 37 244 xi-7 
 
 79 484 6 289 
 
 VI-10 IX-3 7 102 
 
 VI-7 8 382 48 50 22 314 
 
 16 442 79 113 
 
 80 683 VI-11 IX-4 128 604 
 40 654 32 290 123 616 
 
 43 435 XI-8 
 
 VI-8 IX-5 23 182 
 
 5 22 VI-14 5 22 
 
 5 104 5 232 XI-O 
 
 6 89 9 87 X-2 34 533 
 9 87 26 ISO 47 657 
 
 10 403 61 29 
 
 58 
 
 61 
 
 121 
 
 551 
 
 XI 
 
 -5 
 
 33 
 
 404 
 
 39 
 
 9 
 
 47 
 
 656 
 
 XI-6 
 
 8 
 
 16 
 
 22 
 
 314 
 
 84 
 
 541 
 
 45 
 
 558
 
 S85 
 
 
 
 CITATIONS. 
 
 
 XMO 
 
 XI-13 (Con.) 
 
 XI-13 (Con.) 
 
 XI-18 
 
 27 207 
 
 34 
 
 475 
 
 51 244 
 
 2 211 
 
 
 34 
 
 657 
 
 51 501 
 
 22 316 
 
 XI-13 
 
 37 
 
 246 
 
 52 81 
 
 
 1 252 
 
 4D 
 
 513 
 
 52 601 
 
 XI-19 
 
 2 502 
 
 41 
 
 354 
 
 58 61 
 
 26 211 
 
 4 49 
 
 43 
 
 335 
 
 
 
 12 S3 
 
 43 
 
 434 
 
 XI-15 
 
 XII-4 
 
 13 350 
 
 44 
 
 326 
 
 14 474 
 
 27 211 
 
 14 16 
 
 46 
 
 506 
 
 24 640 
 
 
 22 369 
 
 46 
 
 556 
 
 
 XII-31 
 
 29 451 
 
 47 
 
 92 
 
 XI-16 
 
 61 5 
 
 30 683 
 
 47 
 
 048 
 
 58 472 
 
 
 Constitution— 32 
 
 1 
 

 
 TABLE OF CALIFORNIA CITA- 
 TIONS TO CONSTITU. 
 TION OF 1879. 
 
 [Citations are to California Reports, Vols. 1 to 132.] 
 
 I-l 
 
 I-ll 1-13 (ron.) 
 
 1-21 
 
 65 35 
 
 59 
 
 12 
 
 107 
 
 288 
 
 60 189 
 
 112 471 
 
 60 
 
 189 
 
 115 
 
 61 
 
 65 35 
 
 128 434 
 
 65 
 
 35 
 
 116 
 
 250 
 
 69 151 
 
 
 68 
 
 145 
 
 127 
 
 7 
 
 73 371 
 
 1-2 
 
 69 
 
 151 
 
 130 
 
 123 
 
 112 471 
 
 92 316 
 
 71 
 
 631 
 
 
 
 118 5 
 
 
 73 
 
 582 
 
 I-i-i 
 
 129 343 
 
 1-3 
 
 76 
 
 442 
 
 59 """' 
 
 265 
 
 
 105 606 
 
 84 
 
 76 
 
 66 
 
 501 
 
 1-22 
 
 
 89 
 
 523 
 
 68 
 
 65 
 
 54 247 
 
 1-4 
 
 59 • 13 
 
 90 
 91 
 
 558 
 249 
 
 74 
 79 
 
 262 
 551 
 
 57 609 
 69 485 
 
 60 201 
 
 94 
 
 603 
 
 91 
 
 456 
 
 83 403 
 
 79 170 
 
 104 
 
 351 
 
 94 
 
 492 
 
 83 494 
 
 T-6 
 
 109 
 
 334 
 
 94 
 
 608 
 
 86 50 
 
 54 103 
 
 109 
 
 497 
 
 95 
 
 223 
 
 92 316 
 
 67 257 
 
 111 
 
 371 
 
 98 
 
 262 
 
 115 548 
 
 
 111 
 
 569 
 
 98 
 
 017 
 
 128 247 
 
 1-7 
 
 113 
 
 646 
 
 103 
 
 616 
 
 129 403 
 
 64 266 
 
 114 
 
 146 
 
 100 
 
 284 
 
 132 219 
 
 87 354 
 
 118 
 
 305 
 
 109 
 
 (122 
 
 . 
 
 122 139 
 
 119 
 
 241 
 
 111 
 
 r.03 
 
 1-23 
 
 
 122 
 
 147 
 
 lis 
 
 2S7 
 
 129 347 
 
 1-8 
 
 126 
 
 37 
 
 118 
 
 572 
 
 
 56 233 
 
 127 
 
 7 
 
 126 
 
 153 
 
 1-24 
 
 59 245 
 
 129 
 
 343 
 
 130 
 
 495 
 
 117 123 
 
 60 104 
 
 
 
 130 
 
 034 
 
 
 r>.% 040 
 
 
 
 
 
 III 
 
 108 003 
 111 612 
 
 1-13 
 6.-> 223 
 
 1-16 
 72 466 
 
 92 321 
 117 123 
 
 115 53 
 
 60 
 68 
 
 102 
 630 
 
 116 523 
 1-17 
 
 120 374 
 127 88 
 
 1-9 
 
 69 
 
 372 
 
 65 
 
 594 
 
 
 r2 4^>6 
 
 70 
 
 18 
 
 67 
 
 •^S'> 
 
 II-4 
 
 73 123 
 
 70 
 
 177 
 
 70 
 
 155 
 
 105 462 
 
 112 97 
 
 82 
 
 4.")n 
 
 
 
 
 
 100 
 
 1.-.3 
 
 1-19 
 
 Ill-l 
 
 MO 
 
 103 
 
 :>,:a 
 
 68 
 
 288 
 
 58 043 
 
 129 343 
 
 104 
 
 ''" (3S6) 
 
 105 
 
 606 
 
 01 322
 
 ;7 
 
 CITATIONS. 
 
 
 
 II-l(Con.) 
 
 TV-10 
 
 IV-24 (Con.) 
 
 Sub. 2 
 
 68 106 
 
 80 213 
 
 74 
 
 41 
 
 55 551 
 
 80 234 
 
 
 74 
 
 552 
 
 60 81 
 
 102 470 
 
 IV-15 
 
 80 
 
 270 
 
 60 189 
 
 106 422 
 
 54 112 
 
 84 
 
 228 
 
 62 465 
 
 123 527 
 
 72 467 
 
 88 
 
 534 
 
 67 360 
 
 126 672 
 
 80 213 
 
 93 
 
 635 
 
 112 471 
 
 127 159 
 
 85 336 
 
 102 
 
 31 
 
 
 129 604 
 
 100 421 
 
 102 
 
 418 
 
 Sub. 3 
 
 
 121 267 
 
 114 
 
 149 
 
 62 465 
 
 IV-1 
 
 
 117 
 
 86 
 
 83 402 
 
 56 100 
 
 IV-16 
 
 120 
 
 373 
 
 93 424 
 
 63 21 
 
 72 467 
 
 122 
 
 79 
 
 100 120 
 
 72 466 
 
 80 213 
 
 125 
 
 414 
 
 113 512 
 
 92 307 
 
 83 494 
 
 128 
 
 668 
 
 117 363 
 
 96 291 
 
 85 337 
 
 129 
 
 570 
 
 120 304 
 
 
 121 267 
 
 129 
 
 606 
 
 126 230 
 
 IV-2 
 
 
 130 
 
 91 
 
 127 7 
 
 56 101 
 
 IV-18 
 
 132 
 
 219 
 
 
 96 291 
 
 85 645 
 
 
 
 Sub. 4 
 
 114 114 
 
 108 662 
 
 IV-25 
 
 62 465 
 
 130 88 
 
 122 293 
 
 55 
 
 490 
 
 
 
 
 55 
 
 618 
 
 Sub. 6 
 
 IV-3 
 
 IV-20 
 
 57 
 
 613 
 
 123 527 
 
 55 622 
 
 61 267 
 
 59 
 
 8 
 
 
 56 100 
 
 73 231 
 
 60 
 
 32 
 
 Sub. 7 
 
 96 291 
 
 
 61 
 
 38 
 
 114 146 
 
 114 169 
 
 IV-22 
 
 61 
 
 267 
 
 
 
 61 267 
 
 63 
 
 382 
 
 Sub. 9 
 
 IV-4 
 
 69 77 
 
 72 
 
 466 
 
 55 622 
 
 55 622 
 
 71 630 
 
 73 
 
 77 
 
 65 123 
 
 56 100 
 
 77 134 
 
 81 
 
 499 
 
 84 76 
 
 96 264 
 
 84 58 
 
 84 
 
 229 
 
 94 620 
 
 119 438 
 
 92 55 
 
 87 
 
 79 
 
 98 224 
 
 
 106 116 
 
 93 
 
 400 
 
 109 335 
 
 IV-5 
 
 121 19 
 
 105 
 
 616 
 
 111 102 
 
 65 578 
 
 123 151 
 
 124 
 
 696 
 
 113 646 
 
 66 29 
 
 126 118 
 
 
 
 114 410 
 
 96 291 
 
 
 Sul 
 
 .. 1 
 
 118.306 
 
 
 IV-24 
 
 62 
 
 465 
 
 
 IV-6 
 
 55 496 
 
 120 
 
 401 
 
 Sub. 10 
 
 65 577 
 
 57 613 
 
 121 
 
 267 
 
 60 28 
 
 96 290 
 
 58 635 
 60 30 
 
 
 
 83 402
 
 
 
 CITATIONS. 
 
 
 388 
 
 Sub.lO(Con.) 
 
 Sub 
 
 >. 28 
 
 Sub.33(Con.) 
 
 IV-32 
 
 105 583 
 
 62 
 
 465 
 
 127 
 
 7 
 
 72 465 
 
 119 521 
 
 65 
 
 123 
 
 127 
 
 684 
 
 74 125 
 
 124 698 
 
 65 
 
 291 
 
 130 
 
 134 
 
 77 475 
 
 
 &> 
 
 413 
 
 132 
 
 221 
 
 80 270 
 
 Sub. 11 
 
 98 
 
 224 
 
 
 
 92 606 
 
 55 622 
 
 111 
 
 102 
 
 I\ 
 
 '-26 
 
 93 320 
 
 81 501 
 
 113 
 
 646 
 
 68 
 
 289 
 
 115 532 
 
 100 425 
 
 114 
 
 410 
 
 87 
 
 607 
 
 121 21 
 
 111 102 
 
 118 
 
 305 
 
 89 
 
 378 
 
 123 498 
 
 111 371 
 
 124 
 
 698 
 
 104 
 
 599 
 
 
 124 698 
 
 125 
 
 192 
 
 127 
 
 118 
 
 IV-34 
 
 
 132 
 
 221 
 
 130 
 
 326 
 
 94 435 
 
 Sub. 13 
 
 
 
 
 
 
 83 402 
 
 Sub 
 
 . 29 
 
 I\ 
 
 ^28 
 
 TV-35 
 
 
 62 
 
 405 
 
 80 
 
 213 
 
 86 550 
 
 Sub. 15 
 
 65 
 
 123 
 
 
 
 
 126 117 
 
 68 
 
 145 
 
 I^ 
 
 .^-29 
 
 V-2 
 
 
 85 
 
 496 
 
 61 
 
 267 
 
 56 101 
 
 Sub. 17 
 
 89 
 
 523 
 
 115 
 
 532 
 
 62 569 
 
 126 117 
 
 92 
 
 (')06 
 
 
 
 99 45 
 
 
 103 
 
 395 
 
 IV-30 
 
 114 169 
 
 Sub. 19 
 
 104 
 
 644 
 
 115 
 
 532 
 
 
 100 120 
 
 113 
 
 645 
 
 
 
 V-8 
 
 118 306 
 
 115 
 
 549 
 
 I^ 
 
 :-3l 
 
 62 565 
 
 124 698 
 
 118 
 
 300 
 
 72 
 
 473 
 
 62 568 
 
 
 126 
 
 37 
 
 74 
 
 125 
 
 66 655 
 
 Sub. 20 
 
 
 
 77 
 
 475 
 
 93 155 
 
 55 495 
 
 Sub. 
 
 33 
 
 80 
 
 270 
 
 114 170 
 
 83 402 
 
 81 
 
 498 
 
 83 
 
 265 
 
 123 309 
 
 
 84 
 
 76 
 
 92 
 
 606 
 
 127 397 
 
 Sub. 23 
 
 91 
 
 249 
 
 93 
 
 326 
 
 
 67 300 
 
 M 
 
 620 
 
 97 
 
 252 
 
 V-9 
 
 
 100 
 
 120 
 
 99 
 
 21 
 
 130 89 
 
 Sub. 24 
 
 109 
 
 497 
 
 109 
 
 380 
 
 
 83 402 
 
 111 
 
 371 
 
 112 
 
 315 
 
 V-15 
 
 127 7 
 
 112 
 
 471 
 
 115 
 
 .532 
 
 56 101 
 
 
 114 
 
 410 
 
 117 
 
 176 
 
 62 569 
 
 Sub. 27 
 
 118 
 
 306 
 
 lis 
 
 546 
 
 114 169 
 
 55 402 
 
 118 
 
 404 
 
 123 
 
 498 
 
 
 104 351 
 
 119 
 
 523 
 
 126 
 
 118 
 
 V-16 
 
 124 698 
 
 124 
 126 
 
 69S 
 23U 
 
 
 
 62 5G9
 
 389 
 
 9 
 
 
 CITATIONS. 
 
 
 V-17 
 
 VI-4 (Con.) 
 
 VI-5 (Con.1 
 
 VI-14(Con.) 
 
 56 101 
 
 82 
 
 42'» 
 
 123 G95 
 
 94 47 
 
 
 83 
 
 112 
 
 130 98 
 
 103 491 
 
 VI-1 
 
 94 
 
 353 
 
 
 
 54 186 
 
 95 
 
 646 
 
 VI-6 
 
 Vl-16 
 
 62 465 
 
 100 
 
 120 
 
 55 266 
 
 80 222 
 
 66 4 
 
 108 
 
 663 
 
 56 101 
 
 
 71 633 
 
 110 
 
 39 
 
 86 28 
 
 VI-1 7 
 
 78 557 
 
 120 
 
 569 
 
 99 44 
 
 87 39G 
 
 82 344 
 
 122 
 
 534 
 
 IM 234 
 
 
 83 112 
 
 
 
 
 VI-1 8 
 
 85 335 
 
 
 
 VI-7 
 
 118 483 
 
 97 216 
 
 VI-5 
 
 55 206 
 
 
 114 330 
 
 54 
 
 1S6 
 
 
 VI-19 
 
 119 232 
 
 60 
 
 103 
 
 VI-8 
 
 55 238 
 
 120 401 
 
 00 
 
 152 
 
 130 573 
 
 65 261 
 
 121 267 
 
 00 
 
 307 
 
 
 65 431 
 
 
 60 
 
 427 
 
 VI-9 
 
 65 569 
 
 VI-2 
 
 61 
 
 71 
 
 80 29 
 
 86 33 
 
 81 460 
 
 62 
 
 41 
 
 104 234 
 
 88 270 
 
 82 599 
 
 64 
 
 444 
 
 118 483 
 
 88 426 
 
 83 112 
 
 65 
 
 470 
 
 
 96 181 
 
 83 494 
 
 65 
 
 641 
 
 VI-11 
 
 97 453 
 
 95 43 
 
 66 
 
 204 
 
 55 611 
 
 115 14 
 
 
 71 
 
 383 
 
 60 103 
 
 129 509 
 
 VI-3 
 
 71 
 
 555 
 
 GO 152 
 
 130 8 
 
 56 101 
 
 73 
 
 183 
 
 60 427 
 
 
 81 400 
 
 76 
 
 184 
 
 80 40 
 
 VI-20 
 
 83 112 
 
 78 
 
 557 
 
 90 502 
 
 103 413 
 
 99 45 
 
 80 
 
 41 
 
 114 331 
 
 122 288 
 
 
 82 
 
 305 
 
 121 267 
 
 
 VI-4 
 
 83 
 
 493 
 
 122 119 
 
 VI-21 
 
 54 103 
 
 84 
 
 120 
 
 122 534 
 
 57 138 
 
 55 191 
 
 87 
 
 231 
 
 130 98 
 
 
 60 115 
 
 92 
 
 50 
 
 
 VI-22 
 
 60 654 
 
 93 
 
 463 
 
 VI-13 
 
 80 221 
 
 62 41 
 
 94 
 
 355 
 
 78 560 
 
 
 65 99 
 
 94 
 
 397 
 
 85 336 
 
 VI-24 
 
 65 382 
 
 100 
 
 120 
 
 97 216 
 
 62 514 
 
 65 645 
 
 103 
 
 120 
 
 120 401 
 
 
 67 187 
 
 104 
 
 203 
 
 
 VI-29 
 
 79 107 
 
 110 
 
 2(U 
 
 VI-1 4 
 
 80 222 
 
 79 486 
 
 117 
 
 3S1 
 
 56 101 
 
 
 82 162 
 
 122 
 
 113 
 

 
 
 CITATIONS. 
 
 
 
 390 
 
 VI-34 
 
 IX-8 
 
 XI-4 
 
 XI-5 (Con.) 
 
 80 222 
 
 55 334 
 
 56 
 
 103 
 
 Ill 
 
 370 
 
 
 71 630 
 
 61 
 
 277 
 
 111, 
 
 569 
 
 IX-1 
 
 
 615 
 
 123 
 
 113 
 
 516 
 
 118 120 
 
 IX-9 
 
 73 
 
 77 
 
 113 
 
 645 
 
 121 22 
 
 55 334 
 
 84 
 
 76 
 
 114 
 
 327 
 
 124 699 
 
 66 508 
 
 94 
 
 624 
 
 114 
 
 561 
 
 
 69 216 
 
 98 
 
 224 
 
 115 
 
 548 
 
 TX-2 
 
 104 658 
 
 109 
 
 334 
 
 118 
 
 308 
 
 87 396 
 
 123 619 
 
 109 
 
 496 
 
 118 
 
 404 
 
 
 
 114 
 
 320 
 
 125 
 
 192 
 
 IX-3 
 
 IX-11 
 
 114 
 
 561 
 
 128 
 
 247 
 
 56 102 
 
 104 658 
 
 118 
 
 308 
 
 129 
 
 574 
 
 114 335 
 
 
 118 
 
 404 
 
 131 
 
 550 
 
 114 561 
 
 IX-12 
 
 129 
 
 574 
 
 
 
 123 308 
 
 56 101 
 
 
 
 XI-6 
 
 
 
 XT-5 
 
 55 
 
 246 
 
 IX-4 
 
 X-1 
 
 53 
 
 748 
 
 58 
 
 506 
 
 70 157 
 
 63 490 
 
 56 
 
 103 
 
 60 
 
 81 
 
 97 431 
 
 
 58 
 
 90 
 
 61 
 
 277 
 
 104 658 
 
 X-4 
 
 58 
 
 509 
 
 61 
 
 319 
 
 
 61 264 
 
 60 
 
 514 
 
 64 
 
 242 
 
 IX-5 
 
 
 61 
 
 277 
 
 66 
 
 5 
 
 55 334 
 
 XM 
 
 05 
 
 123 
 
 69 
 
 470 
 
 55 490 
 
 56 103 
 
 65 
 
 288 
 
 73 
 
 76 
 
 97 431 
 
 61 277 
 
 66 
 
 4 
 
 73 
 
 312 
 
 104 350 
 
 114 320 
 
 73 
 
 77 
 
 73 
 
 622 
 
 117 523 
 
 114 561 
 
 76 
 
 95 
 
 74 
 
 26 
 
 124 698 
 
 129 574 
 
 81 
 
 500 
 
 74 
 
 125 
 
 
 
 84 
 
 75 
 
 76 
 
 446 
 
 IX-6 
 
 XI-2 
 
 88 
 
 531 
 
 81 
 
 497 
 
 55 334 
 
 61 277 
 
 94 
 
 003 
 
 82 
 
 341 
 
 97 431 
 
 71 313 
 
 95 
 
 332 
 
 85 
 
 346 
 
 104 63 
 
 
 95 
 
 473 
 
 86 
 
 41 
 
 117 523 
 
 XI-3 
 
 98 
 
 222 
 
 87 
 
 92 
 
 118 119 
 
 61 277 
 
 98 
 
 228 
 
 87 
 
 606 
 
 124 698 
 
 97 331 
 
 100 
 
 273 
 
 91 
 
 249 
 
 
 117 196 
 
 103 
 
 394 
 
 92 
 
 316 
 
 IX-7 
 
 
 104 
 
 130 
 
 94 
 
 74 
 
 55 333 
 
 
 105 
 
 626 
 
 94 
 
 621 
 
 117 522 
 
 
 106 
 
 197 
 
 95 
 
 111 
 
 
 
 109 
 
 334 
 
 99 
 
 560 
 
 
 
 100 
 
 407 
 
 102 
 
 304 
 
 
 
 111 
 
 103 
 
 104 
 
 275
 
 391 CITATIONS. 
 
 XI-6(Con.) XI-8(Con.) XI-10 XI-12 
 
 104 644 87 606 61 277 58 644 
 
 111 lOa 92 612 92 319 60 32 
 
 114 147 97 593 10-4 644 60 155 
 
 114 321 105 624 61 277 
 
 115 514 114 147 XI-11 62 643 
 118 403 114 364 57 007 &5 270 
 123 459 115 516 61 277 66 451 
 123 603 119 233 61 375 69 90 
 
 126 386 121 265 65 35 69 610 
 
 127 666 121 553 65 270 71 313 
 129 514 123 605 66 450 73 77 
 
 131 33 126 300 67 103 73 371 
 
 132 381 128 403 08 296 74 117 
 132 442 129 574 69 90 87 607 
 
 130 S9 69 151 92 319 
 
 XI-7 131 264 72 115 97 218 
 
 55 247 132 375 73 77 99 560 
 
 56 104 73 148 100 272 
 58 566 XI-8% 73 371 102 111 
 
 60 81 120 399 73 633 102 471 
 
 61 37 126 406 74 23 104 644 
 61 277 128 462 84 305 112 70 
 
 84 306 132 441 87 165 117 86 
 91 590 90 620 121 551 
 
 111 103 XI-9 91 590 124 690 
 
 114 320 61 277 94 391 129 604 
 
 126 409 62 563 96 356 
 
 129 574 62 566 96 608 XI-13 
 
 81 590 98 556 55 618 
 
 XI-8 85 596 98 684 59 96 
 
 55 253 87 396 99 560 60 32 
 
 55 613 92 319 102 489 61 277 
 
 56 104 94 603 103 114 64 507 
 
 60 81 95 473 104 644 71 312 
 
 61 277 98 221 105 616 71 313 
 61 231 104 644 106 283 71 631 
 69 477 109 508 108 327 80 270 
 73 82 114 123 109 321 86 48 
 79 176 118 309 112 70 87 607 
 82 342 118 362 124 348 97 219 
 
 85 335 129 527 129 574 99 560 
 
 85 345 131 466 112 329 
 
 86 40
 
 
 
 CITATIONS. 
 
 302 
 
 -13 (Con.) 
 
 XI-18 (Con.) 
 
 XII-2 
 
 XII-16(Con. 
 
 112 5G4 
 
 109 
 
 153 
 
 62 460 
 
 71 488 
 
 lis 308 
 
 111 
 
 322 
 
 125 410 
 
 73 183 
 
 125 193 
 
 112 
 
 163 
 
 
 83 493 
 
 126 134 
 
 112 
 
 313 
 
 XII-3 
 
 94 137 
 
 
 112 
 
 326 
 
 62 461 
 
 98 167 
 
 XI-14 
 
 112 
 
 540 
 
 97 95 
 
 102 48 
 
 55 618 
 
 113 
 
 202 
 
 108 425 
 
 106 58 
 
 59 279 
 
 118 
 
 530 
 
 111 (]3 
 
 107 380 
 
 61 277 
 
 119 
 
 44 
 
 116 384 
 
 
 73 77 
 
 119 
 
 227 
 
 122 523 
 
 XII-17 
 
 87 607 
 
 124 
 
 67 
 
 124 150 
 
 132 685 
 
 
 131 
 
 397 
 
 125 410 
 
 
 XI-15 
 
 
 
 
 XII-18 
 
 61 277 
 
 XI-19 
 
 XII-5 
 
 132 686 
 
 
 54 
 
 246 
 
 73 77 
 
 
 XI-16 
 
 61 
 
 24 
 
 
 Xir-19 
 
 61 277 
 
 61 
 
 277 
 
 XIT-7 
 
 132 686 
 
 87 607 
 
 62 
 
 108 
 
 91 340 
 
 
 92 319 
 
 62 
 
 232 
 
 121 19 
 
 XII-20 
 
 97 219 
 
 69 
 
 466 
 
 
 132 686 
 
 103 493 
 
 69 
 
 482 
 
 XII-9 
 
 
 108 565 
 
 72 
 
 6 
 
 107 643 
 
 XTr-21 
 
 112 315 
 
 73 
 
 75 
 
 
 109 322 
 
 112 329 
 
 92 
 
 342 
 
 XII-10 
 
 132 686 
 
 113 211 
 
 93 
 
 161 
 
 72 4m 
 
 
 
 98 
 
 618 
 
 116 100 
 
 XII-22 
 
 XI-17 
 
 118 
 
 5 
 
 
 79 163 
 
 61 277 
 
 118 
 
 483 
 
 XlI-11 
 
 105 544 
 
 87 608 
 
 118 
 
 584 
 
 59 331 
 
 132 678 
 
 97 219 
 
 129 
 
 402 
 
 65 617 
 
 
 113 211 
 
 
 
 73 77 
 
 XIIT-1 
 
 
 XI 
 
 -21 
 
 93 308 
 
 56 202 
 
 XI-18 
 
 72 
 
 389 
 
 
 57 (iOO 
 
 61 277 
 
 
 
 XII-1 2 
 
 ,59 336 
 
 62 frl2 
 
 XII-1 
 
 67 535 
 
 <)2 lOS 
 
 74 259 
 
 61 
 
 38 
 
 93 418 
 
 65 457 
 
 74 417 
 
 73 
 
 77 
 
 
 66 603 
 
 75 505 
 
 83 
 
 413 
 
 XII-15 
 
 97 220 
 
 92 342 
 
 92 
 
 31(5 
 
 99 i;53 
 
 97 324 
 
 97 219 
 
 123 
 
 527 
 
 115 311 
 
 108 192 
 
 99 413 
 
 125 
 
 412 
 
 
 111 86 
 
 107 648 
 
 131 
 
 33 
 
 xn-16 
 
 66 200 
 
 113 397 
 116 23
 
 OtfO 
 
 XIII-l(Con.) 
 
 XIII-9 (Con.) 
 
 XIV-2(Con.) 
 
 XX-5 
 
 119 521 
 
 67 
 
 625 
 
 82 304 
 
 93 400 
 
 128 592 
 
 97 
 
 324 
 
 118 579 
 
 
 128 612 
 
 
 
 129 441 
 
 XX-9 
 
 131 613 
 
 XIII-10 
 
 
 58 472 
 
 132 268 
 
 56 
 
 201 
 
 XV-2 
 
 113 139 
 
 132 600 
 
 59 
 
 325 
 
 132 106 
 
 
 
 60 
 
 28 
 
 
 XX-11 
 
 XIII-2 
 
 60 
 
 58 
 
 XVII-1 
 
 120 375 
 
 104 621 
 
 62 
 
 565 
 
 111 487 
 
 
 
 63 
 
 469 
 
 
 XX-15 
 
 XIII-4 
 
 64 
 
 483 
 
 XVII-2 
 
 61 353 
 
 59 513 
 
 83 
 
 401 
 
 88 455 
 
 89 111 
 
 60 58 
 
 105 
 
 591 
 
 96 118 
 
 98 151 
 
 66 213 
 
 125 
 
 499 
 
 
 107 623 
 
 72 36 
 
 128 
 
 593 
 
 XVII-3 
 
 
 91 11 
 
 
 
 55 103 
 
 XX-16 
 
 96 625 
 
 XIII-12 
 
 65 13 
 
 55 524 
 
 99 609 
 
 104 
 
 63 
 
 68 508 
 
 66 655 
 
 118 492 
 
 
 
 71 321 
 
 79 113 
 
 123 355 
 
 XIII-13 
 
 72 240 
 
 82 495 
 
 128 592 
 
 56 
 
 202 
 
 88 455 
 
 85 416 
 
 128 610 
 
 83 
 
 402 
 
 89 44 
 
 93 155 
 
 131 361 
 
 
 
 90 47 
 
 100 2&4 
 
 
 XIV-1 
 
 96 118 
 
 110 451 
 
 xni-5 
 
 60 
 
 169 
 
 
 127 392 
 
 59 544 
 
 61 
 
 4 
 
 XVIII-1 
 
 132 450 
 
 91 11 
 
 61 
 
 25 
 
 66 633 
 
 
 96 626 
 
 62 
 
 232 
 
 69 468 
 
 XX-IS 
 
 99 608 
 
 74 
 
 573 
 
 72 6 
 
 57 605 
 
 103 376 
 
 82 
 
 303 
 
 80 213 
 
 60 82 
 
 110 541 
 
 90 
 
 640 
 
 102 117 
 
 96 361 
 
 131 604 
 
 100 
 
 125 
 
 
 98 556 
 
 
 107 
 
 225 
 
 XIX-1 
 
 
 XIII-8 
 
 112 
 
 433 
 
 84 230 
 
 XX-20 
 
 56 206 
 
 118 
 
 565 
 
 126 674 
 
 53 747 
 
 61 103 
 
 122 
 
 286 
 
 
 62 565 
 
 73 623 
 
 129 
 
 4^41 
 
 XX-1 
 
 96 291 
 
 
 130 
 
 313 
 
 102 119 
 
 99 44 
 
 XIII-9 
 
 
 
 
 
 56 102 
 
 XIV-2 
 
 XX-4 
 
 
 56 195 
 
 61 
 
 38 
 
 80 234 
 
 
 59 329 
 
 62 
 
 108 
 
 85 416 
 
 
 61 55 
 
 62 
 
 233 
 
 110 451 
 
 .
 
 CITATIONS. 394 
 
 XXII-1 XXII-lCCon.) XXII-3 XXII-10(Con.) 
 
 53 747 69 485 54 186 62 5.i7 
 
 54 247 71 312 54 346 62 566 
 
 55 249 75 153 55 463 114 333 
 55 334 93 40 58 90 
 
 57 627 93 424 60 307 XXII-11 
 
 60 155 114 563 60 515 64 235 
 
 60 278 119 428 66 204 64 378 
 
 60 514 121 551 114 331 93 40 
 
 61 4 103 401 
 01 32 114 331 
 61 279 XXII-2 XX II -10 116 195 
 61 353 60 515 55 611 
 
 67 382 56 99 XXII-1 2 
 
 69 467 57 626 56 99 
 
 60 307 57 627
 
 APPENDIX. 
 
 <395)
 
 THE 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF CALIFORNIA, 
 
 Adopted by the Convention, October 10, 
 1849; Ratified by the People, Novem- 
 ber 13, 1849; Proclaimed, Decem- 
 ber 20, 1849; and Amknded in 
 1857, 1862, and 1871. 
 
 PEEAMBLE. 
 
 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 EIGHTS. 
 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 obtaining 
 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 
 <3ases 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 
 criminal 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 1819, 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. 
 
 Sec. 12. The military shall be subordinate to 
 the civil power. Xo 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 bo 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 (ine in time of peace. 
 
 Sec. IG, No bill of attainder, ex post facto
 
 401 CONSTITUTION OF 1S49. Art. I, §§ 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, nnless 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 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. 
 
 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 enimieration 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, f § 1-3 CONSTITUTION OF 1849. 402 
 
 ever, for a longer period than two 3Tars. [Added 
 by amendment, ratified September 6, 1871.] 
 
 ARTICLE 11. 
 RIGHT OF SUFFRAGE. 
 Section 1. Every wliite 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- 
 soli, 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 shall be obliged to perform
 
 403 CONSTITUTION OF 1849. Art. Ill, § 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 asjdum, 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. 
 DISTKIBUTION 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. IV, §§ 1-4 CONSTITUTION OF 1S49. 404 
 
 AETICLE IV. 
 LEGISLATIVE DEPAKTMENT. 
 
 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. Xo session shall continue longer than 
 one hundred and twenty days. [Amended 18G2. 
 The original provided for annual sessions, begin- 
 ning on first ]\Ionday 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 ihcir term of oiVicv shall l)e two years. 
 [Amendment ratified September 3, 18G2. The 
 original provided for annual elections on the first 
 Tuesday after the li.rst Monday in Xovcmber.] 
 
 Sec. 4. Senators and members of assembly 
 shall be duly qualified electors in the respective 
 counties and districts which they represent.
 
 405 CONSTITUTION OF 184'J. Art. IV, §§ 0-8 
 
 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 fir.-^t class shall be vacated 
 at the expiration of the second year, so that one- 
 half shall be chosen biennally. [Amendment 
 ratified September 3, 18G2. Original provided for 
 annual election.] 
 
 Sec. 7. When the number of senators is in- 
 creased, they shall ];e apportioned by lot, so as to 
 keep the two classes as nearly equal in number as 
 possible. 
 
 Sec. 8. Eacli 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 1S49. 40G 
 
 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 \\\o 
 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 slial] he oinrn, 
 except on such occasions as, in the opinion of 
 the house, may require secrecy.
 
 407 CONSTITUTION OF 1849. Art. IV, §§ 15-18 
 
 Sec. 15. ISToither lionse shall, willioiit 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 ori.s^inate in either 
 liouse 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 shall, 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 like 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. Wlien 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 coNSTiiUTiON 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 
 he liable to impeachment for any misdemeanor 
 in office; hut judgment in such cases shall extend 
 only to removal from o.fice 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 sliall 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 oHice of profit under 
 this state; provided, tliat officers in the militia to 
 which there is attached no annual salary, or local 
 offiicers and postmasters, whose compensation does 
 not exceed five hundred dollars per annum, shall 
 not be deemed lucrative.
 
 409 co^'STlTUTION 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 sucli 
 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 tift3^-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 sliall 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.
 
 411 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 county 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 he 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 1840. 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 mone}^, con- 
 tracting debts, and loaning their credit, so as to 
 prevent abuses in assossinents and in contracting 
 debts by such municipal corporations. 
 
 Sec. 38. In all eh'clious l)y the legislature tlio 
 members thereof shall vote viva voce, and the 
 votes shall l)o enten'd on the journal. 
 
 Sec. 3i). In onlei' that no iiuonvonionce mav 
 result to the public service from the taking effect
 
 413 CONSTITUTION OF 1S49. 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 ratified September 3, 1863.] 
 
 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.] 
 
 Sec. 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. Y, §§ 5-8 CONSTITUTION OF 1S49. 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. 
 
 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 sub- 
 ject relating to the duties of 4heir respective of- 
 fices. 
 
 Sec. 7. He shall see that the laws arc faith- 
 fully executed. 
 
 Sec. 8. When any office shall, from any cause, 
 l)ecome vacant, and no mode is provided by the 
 constitution and law for filling such vacancy, the 
 governor shall have ])()\V{.'r to 11 11 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, §§ 0-13 
 
 Sec. 9. He may, on extraordinary occasions, 
 convene the le<?islature 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 
 lixcd for the meeting of the next legislature. 
 
 Sec. 12. ISTo 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. 1 3. 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-lG CONSTITUTION of 1S49. 41G 
 
 lature shall either pardon, direct the execution of 
 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 tlie con- 
 vict, the crime of which he was convicted, the 
 sentence and its date, and the date of the pardon 
 or reprieve. 
 
 Sec. 14. Tlicrc shall he a seal of tlii's state, 
 which shall be kept by the governor, and u.-ed 
 by him officially and shall be called "The Ciroat 
 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 tlie governor, and 
 countersigned by the secretary of state. 
 
 Sec. IG. A lieutenant-governor shiill be elected 
 at the same time and places, and in the same man- 
 ner as the governor; and his term of oflice, and 
 his qualifications of eligibility, shall also be tlie 
 same. He shall be president of tlie senate, but 
 shall only have a casting vote therein. If, dur- 
 ing a vacancy of the office of governor, tlio licuteu- 
 ant-govemor shall be impeached, displaced, resign, 
 die, or become incapable of performing the duties 
 of his office, or be absent from the state, the presi- 
 dent of the senate shall act as governor until the 
 vacancy bo filled or the disnl)ility shall cease.
 
 417 CONSTITUTION OF 1849. Art. V, §§ 17-19 
 
 Sec. 17. In case of the impeachment of the 
 governor, or his removal from office, death, inaljil- 
 ity 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 lieutenant-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. 18. 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 whose term of office 
 shall be the same as the governor. [Amendment 
 ratified September 3, 18G2.] 
 
 [OKIGINAL SECTION.] 
 Sec. 18. A secretary of state, a controller, a treas- 
 urer, an attorney general and surveyor general shall 
 be chosen in the manner provided in this constitu- 
 tion; and the term of office and eligibility of each, 
 shall be the same as are prescribed for the governor 
 and lieutenant-governor. 
 
 Sec. 19. The secretary of state shall keep a 
 fair record of the official acts of the legislative 
 and executive departments of the government, and 
 shall, when required, lay the same, and all mat-
 
 Art. y, §§ 20, 21 CONSTITUTION OF 1S49. 418 
 
 iers relative thereto, before cither Ijraneh of the 
 legislature, and shall perform such other duties 
 as may be assigned him by law; and in order 
 that no inconvenience may result to the public 
 service from the taking effect of the amendments 
 proposed to said article 5 by the legislature of 
 eighteen hundred and sixty-one, no officer shall 
 be superseded or suspended thereby, until the 
 election and qualification of the several officers 
 'provided for in said amendments. [Amendment 
 ratified September 3, 1862. Original provided 
 for appointment of secretary of state by the 
 governor.] 
 
 Sec. 20. The controller, treasurer, attorney 
 general, and surveyor general, shall be chosen by 
 joint vote of the two houses of the legislature at 
 their first session under this constitution, and 
 thereafter shall be elected at the same time and 
 places, and in the same manner, as the governor 
 and lieutenant-governor. 
 
 Sec. 21. The governor, lieutenant-governor, 
 secretary of state, controller, treasurer, attorney 
 general, and surveyor general, shall eacli, at stated 
 times during their continuance in office, receive 
 for their services a compensation, which shall not 
 be increased or diniinislied during the term for 
 which they shall have ])een elected; but neither 
 of these officers shall receive for his own use any 
 fees for the performance of his official duties.
 
 419 coNSTiTUTiox OF 1849. Art. VI, §§ 1-1 
 
 AKTICLE VI. 
 
 [Before it was revised by amendments ratified 
 September 3, 1862. For ravision, see page 433.] 
 
 JUDICIAL DEPARTMENT. 
 
 Section 1. The judicial power of this state 
 shall be vested in a supreme court, in district 
 courts, in county courts and in justices of the 
 peace. The legislature may also establish such 
 municipal and other inferior courts as may be 
 deemed necessary. 
 
 Sec. 3. The supreme court shall consist of a 
 chief justice and two associate justices, any two 
 of whom shall constitute a quorum.. 
 
 Sec. 3. The justices of the supreme court shall 
 be elected at the general election, by the qualified 
 electors of the state, and shall hold their office for 
 the term of six years from the first day of January 
 next after their election; provided, that the legis- 
 lature shall, at its first meeting, elect a chief jus- 
 tice and two assoeiate justices of the supreme 
 court, by joint vote of both houses, ai:d so classify 
 them that one shall go out of office every two years. 
 After the first election, the senior justice in com- 
 mission shall be the chief justice. 
 
 Sec. 4. The supreme court shall have appellate 
 jurisdiction in all cases when the matter in dis- 
 pute exceeds two hundred dollars, when the le- 
 gality of any tax, toll, or impost, or municipal
 
 Art. YI, §§ 5, G CONSTITUTION OF 1849. 420 
 
 fine is in question, and in all criminal cases 
 amounting to felony, on questions of law alone. 
 And the said court, and each of the justices there- 
 of, as well as all district and county judges, shall- 
 have power to issue writs of habeas corpus at the 
 instance of any person held in actual custody. 
 They shall also have power to issue all other writs 
 and process necessary to the exercise of their ap- 
 pellate jurisdiction and shall be conservators of 
 the peace throughout the state. 
 
 Sec. 5. The state shall be divided by the first 
 legislature into a convenient number of districts, 
 subject to such alteration from time to time as 
 the public good may require, for each of which a 
 district judge shall be appointed by the joint vote 
 of the legislature, at its first meeting, who shall 
 hold his office for two years from the first day of 
 January next after his election ; after which, said 
 judges shall be elected by the qualified electors 
 of their respective districts, at the general elec- 
 tion, and shall hold their office for the term of six 
 A'oars. 
 
 Sec. 6. The district courts shall have original 
 jurisdiction, in law and equity, in all civil cases 
 where the amount in dispute exceeds two hundred 
 dollars, exclusive of interest. In all criminal 
 cases not otherwise provided for, and in all issues 
 of fact joined in the probate courts, their juris- 
 diction shall be unlimited.
 
 421 CONSTITUTION OF 184i). Art. VI, §§ 7-11 
 
 Sec. 7. The legislature shall provide for the 
 election, by the people, of a clerk of the supreme 
 court, and county clerks, district attorneys, sher- 
 iffs, coroners and other necessary officers; and 
 shall fix by law their duties and compensation. 
 County clerks shall be ex officio clerks of the dis- 
 trict courts in and for their respective counties. 
 
 Sec. 8. There shall be elected in each of the 
 organized counties of this state one county judge, 
 who shall hold his office for four years. He shall 
 hold the county court and perform the duties of 
 surrogate or probate judge. The county judge, 
 with two justices of the peace, to be designated ac- 
 cording to law, shall hold courts of sessions, witii 
 such criminal jurisdiction as the legislature shall 
 prescribe, and he shall perform sucli other duties 
 as shall be required by law. 
 
 See. 9. The county courts shall have such 
 jurisdiction, in cases arising in justices' courts, 
 and in special cases, as the legislature may pre- 
 scribe, but shall have no original civil jurisdiction, 
 except in such special cases. 
 
 Sec. 10. The times and places of holding the 
 terms of the supreme court, and the general and 
 special terms of the district courts within the 
 several districts, shall be provided for by law. 
 
 Sec. 11. No judicial officer, except a justice 
 of the peace, shall receive to his own use, any 
 fees or perquisites of office. 
 
 Constitution— 36
 
 Art. VI, §j 12-lG CONSTITUTION of 1849. 422 
 
 Sec. 12. The legislature shall provide for the 
 speedy pubUcation of all statute laws, and of such 
 Judicial decisions as it may deem expedient; and 
 all laws and judicial decisions shall be free for 
 publication by any person. 
 
 Sec. 13. Tribunals for conciliation may be es- 
 tablished with such powers and duties as may be 
 prescribed by law; but such tribunals shall have 
 no power to render judgment to be obligatory on 
 the parties, except they' voluntarily submit their 
 matters in difference, and agree to abide the judg- 
 ment, or assent thereto in the presence of such 
 tribunal, in such cases as shall be prescribed by 
 law. 
 
 Sec. 14. The legislature shall determine the 
 number of justices of the peace to be elected in 
 each county, city, town, and incorporated village 
 of the state, and fix by law their powers, duties 
 and responsibilities. It shall also determine in 
 what cases appeals may be made from justices' 
 courts to the coimty court. 
 
 Sec. 15. The justices of the supreme court and 
 judges of the district courts shall severally, at 
 stated times during their continuance in oflfice, re- 
 ceive for their services a compensation to be paid 
 out of the treasury. 
 
 Sec.'lG. The justices of the supreme court and 
 district judges shall be ineligible to any other of-
 
 423 CONSTITUTION OF 1819. Art. VI, §§ 1-3 
 
 fice clnring the term for which they shall have 
 been elected. 
 
 Sec. 17. Judges shall not charge juries with 
 respect to matters of fact, but may state the tes- 
 timony and declare the law. 
 
 AETICLE VI. 
 
 [As revised by Amendments ratified September 
 3, 1862.] 
 
 JUDICIAL DEPARTMENT. 
 
 Section 1. The judicial power of this state 
 shall be vested in a supreme court, in district 
 courts, in county courts, in probate courts, and in 
 justices of the peace, and in such recorders' and 
 other inferior courts as the legislature may es- 
 tablish in any incorporated city or town. [1862.] 
 
 Sec. 2. The supreme court shall consist of a 
 chief justice and four associate justices. The 
 presence of three justices shall be necessary for 
 the transaction of business, excepting such busi- 
 ness as may be done at chambers, and the concur- 
 rence of three justices shall be necessary to pro- 
 nounce a judgment. [1862.] 
 
 Sec. 3. The justices of the supreme court shall 
 be elected by the qualified electors of the state at 
 special elections to be provided by law, at which 
 elections no officer other than judicial shall be 
 elected, except a superintendent of public instruc-
 
 Art. VI, § 4 CONSTITUTION OF 1849. 424 
 
 tion. The first election for justices of the su- 
 preme court shall be held in the year eighteen 
 hundred and sixty-three. The justices shall hold 
 their offices for the term of ten years from the 
 first day of January next after their election, ex- 
 cept those elected at the first election, who, at 
 their first meeting, shall so classify themselves 
 by lot that one justice shall go out of office every 
 two years. The justice having the shortest term 
 to serve shall be the chief justice. [1862.] 
 
 Sec. 4. The supreme court shall have appel- 
 late jurisdiction in all cases in equity; 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 miniicipal fine, or in which 
 tlie demand, exclusive of interest or the value of 
 the property in controversy, amounts to three hun- 
 dred dollars ; also in all cases arising in the pro- 
 bate courts; and also in all criminal cases amount- 
 ing to felony, on questions of law alone. The 
 court shall also liave power to issue writs of man- 
 daiinis, certiorari, proliibition, and haljcas corpus, 
 and also all writs necessary or jM-opor to the com- 
 ])lete 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 peti- 
 tion on behalf of any person held in actual cus- 
 tody, and may make such writs returnable before 
 himself, or the supreme court, or before any dis-
 
 425 CONSTITUTION OF 1849. Art. "VI, §§ 5, 6 
 
 trict court, or any county court in the state, or 
 before any judge of said courts. [1862.] 
 
 Sec. 5. The state shall be divided, by the legis- 
 lature of eighteen hundred and sixty-three, into 
 fourteen judicial districts, subject to such alter- 
 ation, from time to time, by a two-thirds vote of 
 all the members elected to both houses, as the 
 public good may require, in each of which there 
 shall be a district court, and for each of which 
 a district judge shall be elected by the qualified 
 electors of the district at the special judicial elec- 
 tions to be held as provided for the election of 
 justices of the supreme court, by section three of 
 this article. The district judges shall hold tiieir 
 offices for the term of six years from the first day 
 of January next after their election. The legis- 
 lature shall have no power to gi-ant leave of ab- 
 sence to a judicial officer; and any such officer 
 who shall absent himself from the state for up- 
 ward of thirty consecutive days shall be deemed 
 to have forfeited his office. [18G2.] 
 
 Sec. 6. The district courts shall have original 
 jurisdiction in all cases in equity; also, in all 
 cases at law which involve the title or possession 
 of real property, or the legality of any tax, im- 
 post, 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 also 
 in all criminal cases not otherwise provided for.
 
 Art. VI, §§ 7, 8 CONSTITUTION of 1S19. 426 
 
 The district courts and their judges shall have 
 power to issue writs of habeas corpus, on petition 
 by or on behalf of any person held in actual cus- 
 tody, in their respective districts. [1862.] 
 
 Sec. 7. There shall be in each of the organized 
 counties of the state a county court, for each of 
 which a county judge shall be elected by the 
 qualified electors of the county, at the special 
 judicial election to be held as provided for the 
 election of justices of the supreme court by sec- 
 tion three of this article. The county judges 
 shall hold their offices for the term of four years 
 from the first day of January next after their 
 election. Said courts shall also have power to 
 issue naturalization papers. In the city and 
 county of San Francisco the legislature may sep- 
 arate the office of probate judge from that of 
 county judge, and may provide for the election 
 of a probate judge, who shall hold his office for 
 the term of four years. [1862.] 
 
 Sec. 8. Tlie county court shall have original 
 jurisdiction of actions of forcible entry and de- 
 tainer, of proceedings in insolvency, of actions 
 to prevent or abate a nuisance, and of all such 
 special cases and proceedings as are not other- 
 wise provided for; and also such criminal juris- 
 diction as the legislature may prescribe; they 
 shall also have appclhite jurisdiction in all cases 
 arising in courts held by justices of the peace and
 
 427 CONSTITUTION OF 1S49. Art. VI, §§ 9-11 
 
 rocorders, and in such inferior courts as may be 
 established in pursuance of section one of this ar- 
 ticle, in their respective counties. The county 
 judges shall also hold, in their several counties, 
 probate court, and perform such duties as probate 
 judg-os as may be prescribed by law. The county 
 courts and their judges shall also have power to 
 issue writs of habeas corpus, on petition by or 
 on behalf of any person in actual custody in their 
 respective counties. [1863.] 
 
 Sec. 9. The legislature shall determine the 
 number of justices of the peace to be elected in 
 each city and township of the state, and fix by law 
 their powers, duties, and responsibilities; pro- 
 vided, such powers shall not in any case trench 
 upon the jurisdiction of the several courts of 
 record. The supreme court, the district courts, 
 county courts, the probate courts, and such other 
 courts as the legislature shall prescribe, shall be 
 courts of record. [1862.] 
 
 Sec. 10. The legislature shall fix by law the 
 jurisdiction of any recorder's or other inferior 
 municipal court which may be established in pur- 
 suance of section one of this article, and shall 
 fix by law the powers, duties, and responsibilities 
 of the judges thereof. [1862.] 
 
 Sec. 11. The legislature shall provide for the 
 election of a clerk of the supreme court, county 
 clerks, district attorneys, sheriffs, and other nee-
 
 Art. VI, §§ 12-15 CONSTITUTION OF 1849. 428 
 
 essary officers, and shall fix by law their duties 
 and compensation. County clerks shall be ex 
 oir.cio clerks of the courts of record in and for 
 their respective counties. The legislature may 
 also provide for the appointment by the several 
 district courts of one or more commissioners in 
 the several counties of their respective districts, 
 with authority to perform chamber business of 
 the judges of the district courts and county courts, 
 and also to take depositions, and to perform such 
 other business connected with the administration 
 of justice as may be prescribed by law. [18G2.] 
 
 Sec. 12. The times and places of holding the 
 terms of the several courts of record shall be pro- 
 vided for by law. [1862.] 
 
 Sec. 13. No judicial officer, except justices of 
 the peace, recorders, and commissioners shall re- 
 ceive to his own use any fees or perquisites of of- 
 fice. [18G2.] 
 
 Sec. 14. The legislahiro sliall provide for the 
 speedy publication of siu-h o])inioiis of the su- 
 preme court as it may deem expedient; and all 
 opinions shall be free for publication by any 
 person. [1862.] 
 
 Sec. 15. Tlie justices of ilie supreme court, 
 district judges, and county judges, shall severally, 
 at stated times during tlieir continuance in office, 
 receive for their services a coiujiensalion, Avhich 
 shall not be increased or dimitiislied, during the
 
 429 CONSTITUTION OF 1S49. Art. VII, § 1 
 
 term for whieli they shall have been elected; pro- 
 vided, that county judges shall be paid out of 
 the county treasury of their respective counties, 
 [18G2.] 
 
 Sec. 16. The justices of the supreme court, 
 and the district judges, and the county judges, 
 shall be ineligible to any other office than a ju- 
 dicial office during the term for which they shall' 
 have been elected. [1862.] 
 
 Sec. 17. Judges shall not charge juries with 
 respect to matters of fact, but may state the tes- 
 timony and declare the law. [1862.] 
 
 Sec. 18. The style of all process shall be: 
 "The People of the State of California," and all 
 prosecutions shall be conducted in their name and 
 by their authority. [1862.] 
 
 Sec. 19. In order that no inconvenience may 
 result to the public service from the taking effect 
 of the amendments proposed to said article 6, by 
 the legislature of eighteen hundred and sixty-one, 
 no officer shall be superseded thereby, nor shall 
 the organization of the several courts be changed 
 thereby, until the election and qualification of the 
 several officers provided for in said amendment. 
 [1862.] 
 
 ARTICLE VII. 
 
 MILITIA. 
 
 Section 1. The legislature shall provide by 
 law for organizing and disciplining the militia.
 
 Art. VIII, § 1 CONSTITUTION OF 1849. 430 
 
 in such manner as they shall deem expedient, not 
 incompatible with the constitution and laws of 
 the United States. 
 
 Sec. 2. Officers of the militia shall be elected 
 or appointed in such manner as the legislature 
 shall from time to time direct, and shall be com- 
 missioned by the governor. 
 
 Sec. 3. The governor shall have power to call 
 forth the militia to execute the laws of the state, 
 to suppress insurrections, and repel invasions. 
 
 AETICLE VIII. 
 
 STATE DEBTS. 
 
 Section 1. The legislature shall not in any 
 manner create any debt or debts, liability 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 insur- 
 rection, unless the same shall be authorized by 
 some law for some single object or worlc, to be 
 distinctly specified therein, which law shall' pro- 
 vide 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 from the time of the contracting thereof, 
 and shall be irrepealable until the principal and 
 interest thereon siiall be paid and discharged ; but
 
 431 CONSTITUTION OF 1849. Art. IX, §§ 1, 2 
 
 no such law shall take effect until, at a general 
 election, it shall have been submitted to the peo- 
 ple and have received a majority of all the votes 
 cast for and against it at such election; and all 
 money raised by authority of such law sliall be 
 applied only to the specific object therein stated, 
 or to the payment of the debt thereby created; 
 and such law shall be publisliod in at least one 
 newspaper in each judicial district, if one be pub- 
 lished therein, throughout the state, for three 
 months next preceding the election at which it is 
 submitted to the people. 
 
 ARTICLE IX. 
 
 EDUCATION. 
 
 Section 1. A superintendent of public instruc- 
 tion shall, at the special election for judicial offi- 
 cers to be held in the year eighteen hundred and 
 sixty-three, and every four years thereafter, at 
 such special elections, be elected by the qualified 
 voters of the state, and shall enter upon the du- 
 ties of his office on the first day of December next 
 after his election. [Amendment ratified Septem- 
 ber 3, 1862. Original provided for term of three 
 years and election at the general election.] 
 
 Sec. 2. The legislature shall encourage, by all 
 suitable means, the promotion of intellectual, sci- 
 entific, moral, and agricultural improvement. The 
 proceeds of all lands that may be granted by the
 
 Art. IX, §§ 3, 4 CONSTITUTION OF 1S49. 432 
 
 United States to this state for the support of 
 schools, which may be sold or disposed of, and the 
 five hundred thousand acres of land granted to 
 the new states, under an act of Congress distrib- 
 uting the proceeds of the public lands among the 
 several states of the Union, approved A, D. one 
 thousand eight hundred and forty-one, and all 
 estates of deceased persons who may have died 
 without leaving a will or heir, and also such per 
 cent as may be granted by Congress on the sale 
 of lands in this state, shall be and remain a per- 
 petual fund, the interest of which, together with 
 all the rents of the unsold lands, and such other 
 means as the legislature may provide, shall be in- 
 violably appropriated to the support of common 
 schools throughout the state. 
 
 Sec. 3. The legislature shall provide for a 
 system of common schools, by which a school shall 
 be kept up and supported in each district at least 
 three months in every year; and any school dis- 
 trict neglecting to keep up and support such gi 
 school may be deprived of its proportion of the 
 interest of the public fund during such neglect. 
 
 Sec. 4. The legislature shall take measures 
 for the protection, imjirovement, or other disjiosi- 
 tion of such lands as have been or may hereafter 
 be reserved or granted by the United States, or 
 any person or persons, to this state, for the use 
 of a university; and the funds accruing from the 
 rents or sale of such lands, or from any other
 
 433 CONSTITUTION OF 1849. Art. X, § I 
 
 source, for the purpose aforesaid, shall be and 
 remain a permanent fund, the interest of which 
 shall be applied to the support of said university, 
 with such branches as the public convenience may 
 demand, for the promotion of literature, the arts 
 and sciences, as may be authorized by the terms 
 of such grant. And it shall be the duty of the 
 legislature, as soon as may be, to provide effectual 
 means for the improvement and permanent secu- 
 rity of the funds of said university. 
 
 ARTICLE X. 
 
 MODE OF AMENDING AND REVISING THE CON- 
 STITUTION. 
 
 Section 1. Any amendment or amendments 
 to this constitution may be proposed in the senate 
 or assembly; and if the same shall be agreed to 
 by a majority of the members elected to each of 
 the two houses, such proposed amendment or 
 amendments shall be entered on their journals, 
 with the yeas and nays taken thereon, and re- 
 ferred to the legislature then next to be chosen, 
 and shall be published for three months next pre- 
 ceding the time of making such choice. And if, 
 in the legislature next chosen as aforesaid, such 
 proposed amendment or amendments shall be 
 agreed to by a majority of all the members elected 
 to each house, then it shall be the duty of the legis- 
 lature to submit such proposed amendment or 
 amendments to the people, in such manner and 
 
 Constitution— 37
 
 Art, X, § 2 CONSTITUTION OF 1849. 434 
 
 at such time as tlie legislature shall prescribe; 
 and if the people shall approve and ratify such 
 amendment or amendments, by a majority of the 
 electors qualified to vote for members of the legis- 
 lature voting thereon, such amendment or amend- 
 ments shall become part of the constitution. 
 
 Sec. 2. And if at any time two-thirds of the 
 senate and assembly shall think it necessary to 
 revise and change this entire constitution, they 
 shall recommend to the electors at the next elec- 
 tion for members of the legislature to vote for 
 or against a convention; and if it shall appear 
 that a majority of the electors voting at such 
 election have voted in favor of calling a conven- 
 tion, the legislature shall, at its next session, pro- 
 vide by law for calling a convention, to be holden 
 within six months after the passage of such law ; 
 and such convention shall consist of a number of 
 members not less than that of both branches of 
 the legislature.* The constitution that may have 
 been agreed upon and adopted by such convention 
 shall be submitted to the people, at a special elec- 
 tion to be provided for by law, for their ratifica- 
 tion or rejection. Each voter shall express his 
 opinion by depositing in the ballot box a ticket, 
 whereon shall be written or printed the words 
 "For the new constitution,"' or "Against the new 
 constitution." The returns of such election shall, 
 in such manner as the convention sliall direct, be 
 certified to the executive of the state, who shall
 
 435 CONSTITUTION OF 1849. Art. XI, §§ 1, 2 
 
 call to his assistance the controller, treasurer, and 
 secretary of state, and compare the votes so cer- 
 tified to him. If, hy such examination, it be as- 
 certained that a majority of the whole numl)er of 
 votes cast at such election be in favor of such 
 new constitution, the executive of this state shall, 
 by his proclamation, declare such new constitu- 
 tion to be the constitution of the state of Califor- 
 nia. [Words after the * were added by amend- 
 ment ratified November 4, 1856.] 
 
 ARTICLE XI. 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1, The first session of the legislature 
 shall be held at the Pueblo de San Jose, which 
 place shall be the permanent seat of government 
 until removed by law; provided, however, that 
 two-thirds of all the members elected to each 
 house of the legislature shall concur in the pas- 
 sage of such law. 
 
 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 
 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.
 
 Art. XI, §§ 3-6 CONSTITUTION OF 1849. 436 
 
 Sec. 3. Members of the legislature and all 
 officers, executive and judicial, except such in- 
 ferior officers as maj' be by law exempted, shall, 
 before they enter on the duties of their respective 
 offices, take and subscribe the following oath or 
 affirmation : 
 
 "I 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. 
 
 Sec. 4. The legislature shall establish a sys- 
 tem of county and town governments, which shall 
 be as nearly uniform as practicable throughout 
 the state. 
 
 Sec. 5. The legislature shall have power to 
 provide for the election of a board of supervisors 
 in each county, and these supervisors shall jointly 
 and individually perform such duties as may be 
 prescribed by law. . 
 
 Sec. 6. All officers whose election or appoint- 
 ment is not provided for by this constitution, and 
 all officers whose offices may hereafter be created 
 by law, shall be elected by the people, or appoint- 
 ed, as the legislature may direct.
 
 437 CONSTITUTION OF 1849. Art. XI, §§ 7-13 
 
 Soc. 7. When the duration of any office is not 
 provided for by this constitution, it may be de- 
 chired by hiw; and if not so declared, such office 
 shall be held during the pleasure of the authority 
 making the appointment ; nor shall the duration 
 of any office not fixed by this constitution ever 
 exceed four years. 
 
 Sec. 8. The fiscal year shall commence on the 
 first day of July. 
 
 Sec. 9. Each county, town, city, and incorpo- 
 rated village shall make provision for the support 
 of its own officers, subject to such restrictions and 
 regulations as the legislature may prescribe. 
 
 Sec. 10. The credit of the state shall not in any 
 manner be given or loaned to or in aid of any 
 individual, association, or corporation; nor shall 
 the state, directly or indirectly, become a stock- 
 holder in any association or corporation. 
 
 Sec. 11. Suits may be brought against the 
 state in such manner and in such courts as shall 
 be directed by law. 
 
 Sec. 12. No contract of marriage, if other- 
 wise duly made, shall be invalidated for want of 
 conformity to the requirements of any religious 
 sect. 
 
 Sec. 13. Taxation shall be equal and uniform 
 throughout the state. All property in this state 
 shall be taxed in proportion to its value, to be
 
 Art. XI, §§ 14-18 coxsTiTUTiox of 1849. 438 
 
 ascertained as directed by law; but assessors and 
 collectors of town, county, and state taxes shall be 
 elected by the qualified electors of the district, 
 county, or town in which the property taxed for 
 state, county, or town purposes is situated. 
 
 Sec. 14. All property, both real and personal, 
 of the wife, owned or claimed by her before mar- 
 riage, and that acquired afterward by gift, devise, 
 or descent, shall be her separate property, and 
 laws shall be passed more clearly defining the 
 rights of the wife in relation as well to her sepa- 
 rate property as to that held in common with her 
 husband. Laws shall also be passed providing 
 for the registration of the wife's separate prop- 
 erty. 
 
 Sec. 15. The legislature shall protect by law 
 from forced sale a certain portion of the home- 
 stead and other property of all heads of families. 
 
 Sec. 16. No perpetuities sliall be allowed ex- 
 cept for eleemosynary purposes. 
 
 Sec. 17. Every person shall be disqualified 
 from holding any office of profit in this state who 
 shall have been convicted of having given or of- 
 fered a bribe to procure his election or appoint- 
 ment. 
 
 Sec. 18. Laws shall be made to exclude from 
 office, serving on juries, and from the right of 
 suffrage, those who shall hereafter be convicted
 
 439 CONSTITUTION OF 1849. Art. XII, § 1 
 
 of bribery, perjury, forgery, or other high crimes. 
 The privilege of free suffrage shall be supported 
 by laws regulating elections, and prohibiting, un- 
 der adequate penalties, all undue influence thereon 
 from power, bribery, tumult, or other improper 
 practice. 
 
 Sec. 19, Absence from this state on business 
 of the state or of the United States shall not af- 
 fect the question of residence of any person. 
 
 Sec. 20. A plurality of the votes given at any 
 election shall constitute a choice, where not oth- 
 erwise directed in this constitution. 
 
 Sec. 21. All laws, decrees, regulations, and 
 provisions which from their nature require publi- 
 cation shall be published in English and Spanish. 
 
 ARTICLE XII. 
 
 BOUNDARY. 
 
 Section 1. The boundary of the state of Cali- 
 fornia shall be as follows: 
 
 Commencing at the point of intersection of 
 forty-second degree of north latitude with the 
 one hundred twentieth degree of longitude west 
 from Greenwich, and running south on the 
 line of said one hundred twentieth degree of west 
 longitude until it intersects the thirty-ninth de- 
 gree of north latitude; thence running in a 
 straight line in a southeasterly direction to the 
 River Colorado, at a point where it intersects the
 
 Schedule, §§ 1-3 constitution of 1849. 440 
 
 thirty-fifth degree of north latitude ; thence down 
 the middle of the channel of said river to the 
 boundary line between the United States and 
 Mexico, as established by the treaty of May thir- 
 tieth, one thousand eight hundred and forty-eight ; 
 thence, running west and along said boundary 
 line, to the Pacific Ocean, and extending therein 
 three English miles; thence, running in a north- 
 westerly direction and following the direction of 
 the Pacific Coast, to the forty-second degree of 
 north latitude; thence, on the line of said forty- 
 second degree of north latitude, to the place of 
 beginning. Also, all the islands, harbors, and 
 bays along and adjacent to the coast. 
 
 SCHEDULE. 
 
 Section 1. All rights, prosecutions, claims, 
 and contracts, as well of individuals as of bod- 
 ies corporate, and all laws in force at the time 
 of the adoption of this constitution and not in- 
 consistent therewith, until altered or repealed by 
 the legislature, shall continue as if the same had 
 not been adopted. 
 
 Sec. 2. The legislature shall provide for the 
 removal of all causes which may be pending when 
 this constitution goes into effect to courts created 
 by the same. 
 
 Sec. 3. In order that no inconvenience may 
 result to the public service from the taking effect
 
 441 CONSTITUTION OF 1849. Schedule, §§ 4-6 
 
 of this constitution, no office sliall be superseded 
 thereby nor the laws relative to the duties of the 
 several officers be changed until the entering into 
 office of the new officers to be appointed under 
 this constitution. 
 
 Sec. 4. The provisions of this constitution 
 concerning tlie term of residence necessary to en- 
 able persons to hold certain offices therein men- 
 tioned, shall not be held to apply to officers chosen 
 by the people at the first election, or by the legis- 
 lature at its first session. 
 
 Sec. 5. Every citizen of California declared a 
 legal voter by this constitution, and every citizen 
 of the United States a resident of this state on 
 the day of election, shall be entitled to vote at the 
 first general election under this constitution, and 
 on tlic question of the adoption thereof. 
 
 Sec. 6. This constitution shall be submitted to 
 the people for their ratification or rejection at the 
 general election to be held on Tuesday, the thir- 
 teenth day of November next. The executive of 
 the existing government of California is hereby 
 requested to issue a proclamation to the people, 
 directing the prefects of the several districts, or, 
 in case of vacancy, the subprefects or senior judge 
 of first instance, to cause such election to be 
 held on the day aforesaid in their respective dis- 
 tricts. The election shall be conducted in the 
 manner which was prescribed for the election of
 
 Schedule, § 6 constitution of 1849. 442 
 
 delegates to this convention, except that the pre- 
 fects, subprefects, or senior judge of first instance 
 ordering such election in each district shall have 
 power to designate any additional number of 
 places for opening the polls, and that in every 
 place of holding the election a regular poll list 
 shall be kept by the judges and inspectors of elec- 
 tion. It shall also be the duty of these judges 
 and inspectors of election, on the day aforesaid, 
 to receive the votes of the electors qualified to vote 
 at such election. Each voter shall express his 
 opinion by depositing in the ballot box a ticket 
 whereon shall be written or printed, "For the 
 constitution," or "Against the constitution," or 
 some such words as will distinctly convey the in- 
 tention of the voter. These judges and inspectors 
 shall also receive the votes for the several officers 
 to be voted for at the said election, as heroin pro- 
 vided. At the close of the election the judges and 
 inspectors shall carefully count each ballot, and 
 forthwith make duplicate returns thereof to the 
 prefect, suhprefoct, or senior judge of first in- 
 stance, as the case may be, of their respective dis- 
 tricts; and said prefect, subprofoct, or senior 
 judge of first instance shall transmit one of the 
 same, by the most safe and rapid conveyance, 
 to the secretary of state. Upon the receipt of 
 said returns, or on the tenth day of December 
 next, if the returns be not sooner received, it shall 
 be the duty of a board of canvassers, to consist of
 
 413 CONSTITUTION OF 1849. Schodule, §§ 7-1) 
 
 the secretary of state, one of the judges of the su- 
 perior court, the prefect, judge of first instance, 
 and an alcalde of the district of Monterey, or any 
 three of the aforementioned officers, in the pres- 
 ence of all who shall choose to attend, to compare 
 the votes given at said election, and to immedi- 
 ately publish an abstract of the same in one or 
 more of the newspapers of California. And the 
 executive will also, immediately after ascertain- 
 ing that the constitution has been ratified by the 
 people, make proclamation of the fact ; and thence- 
 forth this constitution shall be ordained and es- 
 tablished as the constitution of California. 
 
 Sec. 7. If this constitution shall be ratified 
 by the people of California, the executive of the 
 existing government is hereby requested, imme- 
 diately after the same shall be ascertained, in the 
 manner herein directed, to cause a fair copy 
 thereof to be forwarded to the President of the 
 United States, in order that he may lay it before 
 the Congress of the United States. 
 
 Sec. 8. At the general election aforesaid, viz. : 
 the thirteenth day of November next, there shall 
 be elected a governor, lieutenant-governor, mem- 
 bers of the legislature, and also two members of 
 Congress. 
 
 Sec, 9. If this constitution shall be ratified by 
 the people of California, the legislature shall as- 
 semble at the seat of government on the fifteenth
 
 Schedule, §§ 10-12 constitution of 1849. 444 
 
 day of December next; and in order to complete 
 the organization of that body the senate shall elect 
 a president pro tempore, until the lieutenant-gov- 
 ernor shall be installed into office. 
 
 Sec. 1 0. On the organization of the legislature, 
 it shall be the duty of the secretary of state to 
 lay before each house a copy of the abstract made 
 by the board of canvassers, and, if called for, the 
 original returns of election, in order that each 
 house may judge of the correctness of the report 
 of said board of canvassers. 
 
 Sec, 11. The legislature, at its first session, 
 shall elect such officers as may be ordered by this 
 constitution to be elected by that bodj'-, and within 
 four days after its organization, proceed to elect 
 two senators to the Congress of the United States. 
 But no law passed by this legislature shall take ef- 
 fect until signed by the governor after his instal- 
 lation into office. 
 
 See. 12. The senators and representatives of 
 the Congress of the United States elected by the 
 legislature and people of California, as herein di- 
 rected, shall be furnished with certified copies of 
 this constitution, when ratified, which they shall 
 lay before the Congress of the United States, re- 
 questing, in the name of the people of California, 
 the admission of the State of California into the 
 American Union.
 
 445 CONSTITUTION OF 1849. Schedule, §§ 13, 14 
 
 Sec. 13. All officers of this state, other than 
 members of the legislatiire, shall be installed into 
 office on the fifteenth day of December next, or 
 as soon thereafter as practicable. 
 
 Sec. 14. Until the legislature shall divide the 
 state into counties and senatorial and assembly 
 districts, as directed by this constitution, the fol- 
 lowing shall be the api^ortionment of the two 
 houses of the legislature, viz : The districts of San 
 Diego and Los Angeles shall jointly elect two sen- 
 ators ; the districts of Santa Barbara and San Luis 
 Obispo shall jointly elect one senator; the district 
 of Monterey, one senator; the District of San 
 Jos6, one senator; the district of San Francisco, 
 two senators; the district of Sonoma, one 
 senator; the district of Sacramento, four sen- 
 ators; and the district of San Joaquin, four sen- 
 ators. And the district of San Diego shall 
 elect one member of the assembly; the dis- 
 trict of Los Angeles, two members of assembly; 
 the district of Santa Barbara, two members of 
 assembly; the district of San Luis Obispo, one 
 member of assembly ; the district of Monterey, two 
 members of assembly; the district of San Jose, 
 three members of assembly; the district of San 
 Francisco, five members of assembly; the district 
 of Sonoma, two members of assembly; the district 
 of Sacramento, nine members of assembly; and 
 the district of San Joaquin, nine members of as- 
 sembly. 
 
 Constitution— 38
 
 Schedule, §§ 15, 16 constitution of 1849. 446 
 
 Sec. 15. Until the legislature shall otherwise 
 direct, in accordance with the provisions of this 
 constitution, the salary of the governor shall be 
 ten thousand dollars per annum; and the salary 
 of the lieutenant-governor shall he double the pay 
 of a state senator; and the pay of members of the 
 legislature shall be sixteen dollars per diem while 
 in attendance, and sixteen dollars for every twenty 
 miles traveled by the usual route from their resi- 
 dences to the place of holding the session of the 
 legislature, and in returning therefrom. And the 
 legislature shall fix the salaries of all officers other 
 than those elected by the people at the first elec- 
 tion. 
 
 Sec. 16. The limitation of the powers of the 
 legislature contained in article 8 of this constitu- 
 tion shall not extend to the first legislature elected 
 under the same, which is hereby authorized to 
 negotiate for such amount as may be necessary to 
 pay the expenses of the state government. 
 
 R. SEMPLE, 
 President, and Delegate from Benicia. 
 
 Wm. G. Marcy, Secretary. 
 Joseph Aram, Pablo De La Guerra, 
 
 Ch. T. Botts, Lewis Dent, 
 
 Elam Brown, Kimball IL Dimmick, 
 
 Elisha 0. Crosby, A. J. Ellis, 
 
 Jose M. Covarubias, Jose Anto Carrillo, 
 Stephen C. Foster, Wm. M. Gwiii,
 
 447 
 
 CONSTITUTION OF 1849. 
 
 Signers 
 
 Edw. Gilbert, 
 Henry Hill, 
 J. D. Hoppe, 
 Joseph Hobson, 
 Julian Hanks, 
 H. W. Halleck, 
 L. W. Hastings, 
 
 Miguel D. Pedrorena, 
 M. M. McCarver, 
 Antonio Ma. Pico, 
 Jacinto Rodriguez, 
 Hugh Eeid, 
 J. A. Sutter, 
 Jacob R. Snyder, 
 
 J.McHenryHollinsworth,Winfield Scott Sherwood, 
 
 Jas. McHall Jones, 
 Thomas 0. Larkin, 
 Francis J. Lippitt, 
 BenJ. S. Lippincott, 
 Benj. F. Moore, 
 Rodman M. Price, 
 Jno. McDougall, 
 Man'L Dominguez, 
 Myron Norton, 
 Pacificus Ord, 
 
 William E. Shannon, 
 Abel Stearns, 
 P. Sansevaine, 
 Wm. M. Steuart, 
 Henry A. Tefft, 
 M. G. Vallcjo, 
 Thos. L. Vermeule, 
 J. P. Walker, 
 0. M. Wozencraft.
 
 THE 
 
 CONSTITUTION 
 
 OF THE 
 
 UNITED STATES. 
 
 (449)
 
 CONTENTS. 
 
 rreamble. 
 
 ARTICLE I. 
 
 Sec. 1.— Legislative power vested in Congress. 
 
 Senate and House of Legislature. 
 Sec. 2.— 1. Representatives, election of. 
 
 qualification of electors 
 
 2. Qualifications of members. 
 
 3. Apportionment of Representatives. 
 
 of direct taxes. 
 Census to be talcen decennially. 
 Ratio of representation. 
 
 4. Vacancies in representation. 
 
 Executive to order election to fill. 
 
 5. House to choose its own officers. 
 
 to have sole power of impeachment. 
 Sec. 3.— 1. Senate, of what composed. 
 
 Senators, how and when chosen, 
 each to have one vote. 
 
 2. Senators to be divided into three classes. 
 
 first class to vacate in two years. 
 
 second class in four years. 
 
 tliird class at end of sixth year. 
 
 one-third to be chosen every second 
 year. 
 
 vacancies during recess to be tempo- 
 rarily filled. 
 
 3. Qualifications for Senator. 
 
 thirty years of age. 
 nine years a citizen. 
 to be inhabitant of State for which 
 chosen. 
 
 (451)
 
 CONTENTS OF COXSTITUTIOX OF U. S. 45- 
 
 4. Vice-President to be President of Senate. 
 
 to liave no vote except in case of a tie. 
 
 5. Senate to clioose other officers. 
 
 to clioose President pro tern, in ab- 
 sence of Vice-President. 
 
 6. Senate to have sole power to try impeach- 
 
 ments. 
 
 when so sitting, to be on oath or af- 
 firmation. 
 
 Chief Justice to preside on trial of 
 President. 
 
 concurrence of two-thirds necessary 
 for conviction. 
 
 7. .Tudirment on conviction, extent of. 
 
 not to operate against trial according 
 to law. 
 Sec. 4.— 1. Time and mode of elections to be fixed by 
 State Legislatures. 
 
 Congress may alter State regulations, 
 except as to the place of elections. 
 2. Congress to assemble at least once a year, 
 meeting to be on first Monday of De- 
 cember, 
 unless otherwise appointed by law. 
 Sec. 5.— 1. Each house to judge the elections, returns, 
 and qualifications of its members. 
 
 majority to constitute a business 
 
 quorum, 
 smaller number may adjourn and com- 
 pel attendance, 
 penalties may be presci'ibed for non- 
 attendance. 
 
 2. Each house may determine rules of Its 
 
 proceedings. 
 
 may punish for disorderly behavior, 
 with concurrence of two-thirds may 
 expel. 
 
 3. Each hoiise shall keep a journal of pro- 
 
 ceedings. 
 
 may i)ulilish the same, 
 yeas and nays to be entered on desire 
 of one lifth.
 
 453 CONTENTS OF CONSTITUTION OF V. 8. 
 
 4. Neither house shall adjourn for more than 
 
 three days without consent of the other. 
 
 nor to any other place than that in 
 
 which they are sitting. 
 
 Sec. C. — 1. Compensation for services to be fixed by 
 
 law. 
 
 to be paid out of U. S. Treasury. 
 Members to be privileged from arrest dur- 
 ing the session. 
 
 except for treason, felony, and breach 
 
 of peace, 
 to be privileged in going to and return- 
 ing from the sessions. 
 for speech or debate not to be ques- 
 tioned elsewhere. 
 2. No member to be eligible for a civil of- 
 fice under Government created or in- 
 creased in emoluments during his term, 
 no person holding U. S. office to be 
 eligible as a member. 
 Sec. 7.— 1. Bills for raising revenue to originate in the 
 House, but the Senate may propose or 
 concur with amendments. 
 
 2. Every bill to be presented to the President 
 
 for his approval. 
 
 if returned, objections to be entered 
 on the journal. 
 
 to be reconsidered. 
 
 on concurrence of two-thirds, the bill 
 to be sent to other house. 
 
 If approved by two-thirds, to become a 
 law. 
 
 the vote of both houses to be by yeas 
 and nays. 
 
 names of members voting to be en- 
 tered on journals. 
 
 if bill not returned by President in ten 
 days, to be a law, unless Congress, 
 by adjournment, prevent the return. 
 
 3. Concurrent resolutions to be presented to 
 
 the President except on question of ad- 
 journment. 
 
 if disapproved, require two-thirds to 
 pass them.
 
 CONTEXTS OF CONSTITUTION OF U. S. 4.j4 
 
 Sec. 8. — 1. Congress shall have power to lay and col- 
 lect taxes, duties. Imposts, and excises. 
 to pay debts and provide for common 
 
 defense and general welfare. 
 all duties, imposts, and excises to be 
 uniform. 
 
 2. to borrow money on credit of U. S. 
 
 3. to regulate commerce. 
 
 with foreign nations, 
 among the several States. 
 and with tlie Indian tribes. 
 
 4. to establish uniform rule of naturali- 
 
 zation, and uniform laws on subject 
 of bankruptcies. 
 
 5. to coin money and regulate its value, 
 
 and fix the standard of weights and 
 measures. 
 
 6. to provide for punishment of counter- 
 
 feiting securities and coin of U. S. 
 
 7. to establish postoffices and postroads. 
 
 8. to promote progress of science and 
 
 useful arts by securing to authors 
 and inventors exclusive rights. 
 
 9. to constitute tribunals inferior to Su- 
 
 preme Court. 
 
 10. to define and punish piracies and fel- 
 
 onies on high seas, and offenses 
 against law of nations. 
 
 11. to declare war. 
 
 grant letters of marque and re- 
 prisal and make rules concern- 
 ing captures. 
 
 12. to raise and support armies. 
 
 appropriations to be limited to two 
 years. 
 
 13. to provide and maintain a navy. 
 
 14. To make rules for government of land and 
 
 naval forces. 
 
 15. To provide for calling forth the militia. 
 
 to execute laws, suppress insurrec- 
 tions, etc. 
 
 16. To provide for organizing and arming the 
 
 militia.
 
 455 CONTENTS OF COA'STITUTION OF U. S. 
 
 for governing them when in employ of 
 
 Government, 
 authority of States as to appointment 
 
 of officers reserved, 
 also as to disciplining militia. 
 
 17. To exercise exclusive legislation over seat 
 
 of government. 
 
 and over sites of public works or 
 buildings. 
 
 18. To malie all laws necessary and proper 
 
 to carry out its powers. 
 Sec. 9.— 1. Migration or importation of slaves, re- 
 striction of. 
 
 tax or duty may be imposed. 
 
 2. Haheas corpus not to be suspended except. 
 
 3. No bill of attainder or ex post facto law to 
 
 be passed. 
 
 4. No direct tax unless in proportion to 
 
 census. 
 
 5. No tax or duty on exports from any State. 
 
 6. No preference to be given in commerce or 
 
 revenue to ports of any State. 
 
 no entry, clearance, or duties on ves- 
 sels bound to or from States. 
 
 7. INfoney to be drawn only on appropriations 
 
 made by law. 
 
 statements of receipts and expendi- 
 tures to be published. 
 
 8. No title of nobility to be granted. 
 
 no officer to accept presents from for- 
 eign powers. 
 Sec. 10.— 1. No State to enter into any treaty, alliance, 
 or confederation. 
 
 or grant letters of marque and re- 
 prisal. 
 
 or coin money. 
 
 or emit bills of credit 
 
 or make anything but gold and silver 
 a legal tender. 
 
 or pass any bill of attainder. 
 
 or ex post facto law. 
 
 or law impairing obligation of con- 
 tract. 
 
 or grant any title of nobility.
 
 CONTENTS OF CONSTITUTION OF U. 8. 456 
 
 2. No State, without consent of Congress, 
 shall lay any imposts or duties, 
 except absolutely necessary, 
 and the net produce to be for use of 
 
 Government, 
 and the laws subject to revision of 
 Congress. 
 3- No State, without consent of Congress, to 
 lay duty on tonnage. 
 
 or Iveep troops or ships of war in time 
 
 of peace, 
 or enter into any agreement or com- 
 pact with other States, or with a 
 foreign jiower. 
 unless actually invaded or in immi- 
 nent danger. 
 
 ARTICLE II. 
 
 Sec. 1.— 1. The executive power is vested in a Presi- 
 dent. 
 
 his term of office shall be four years, 
 the term of office of Vice-President 
 
 shall be the same, 
 they sliall be elected together. 
 
 2. Each State shall appoint Presidential elec- 
 
 tors. 
 
 to be . in number equal to the whole 
 number of their Senators and Rep- 
 resentatives. 
 
 no Senator or Representative or public 
 U. S. officer sliall be an elector. 
 
 3. Manner of voting by electors. 
 
 RicPEALKi). See XI 1th Amendment. 
 
 4. Congress may determine time of choos- 
 
 ing electors. 
 
 and the day of their meeting to elect, 
 to be tlie same throughout the U. S. 
 5. Natural-boi-n citizens alone eligible for 
 I'rcsidcnt. 
 
 to have attained the age of thirty- 
 live, and been fourteen years a resi- 
 dent. 
 6. Tlie Vice-Pr(>si(l<>nt to assume th(> duties of 
 President in case of his death, resigna- 
 tion, etc.
 
 457 CONTENTS OF CONSTITUTION OF U. S. 
 
 Congress may by law provide for the casf^ 
 Of death, resignation, etc., of the Presi- 
 dent. 
 
 and declare wliat officer shall then act. 
 
 7. The compensation of the President shall 
 
 not be increased or diminished during 
 his term of office. 
 
 and he shall not receive during that 
 period any other emolument. 
 
 8. Oath or affirmation of President. 
 
 Sec. 2.— 1. President shall be Commander in Chief of 
 Army and Navy, 
 and of the Militia of the several States, 
 
 when in service of the U. S. 
 may i-equire written opinions of execu- 
 tive officers. 
 may grant reprieves and pardons, ex- 
 cept in impeachments. 
 
 2. By and Avith consent of Congress, may 
 
 make treaties. 
 
 and shall nominate and appoint Am- 
 bassadors, etc. 
 
 and all other officers whose appoint- 
 ments are not otherwise provided 
 for. 
 
 Congress may vest apiiointment of in- 
 ferior officers as they think proper. 
 
 3. President may fill vacancies during recess 
 
 of Senate. 
 Sec. 3. President to give information of state of the 
 Union. 
 
 to recommend measures to Congress, 
 on extraordinary occasions may con- 
 vene Congress. 
 In case of disagreement, may adjourn 
 
 Congress. 
 to receive Ambassadors and Ministers, 
 to take care that the laws are admin- 
 istered, 
 to commission all officers of the U. S. 
 Sec. 4.— President and Vice-President to be removed 
 on impeachment for treason, bribery, or 
 high crimes. 
 Constitution— 39
 
 CONTENTS OF CONSTITUTION OF U. 8. 458 
 
 ARTICLE III. 
 
 Sec. 1.— Judicial power is vested in a Supreme Court 
 and inferior Courts, to be establisbed by- 
 Congress. 
 
 Judges to hold office during good be- 
 havior, 
 compensation not to be diminished 
 during continuance in office. 
 Sec. 2. — 1. Jurisdiction to extend to all cases arising 
 under the Constitution, laws, and trea- 
 ties. 
 
 to all cases affecting Ambassadors, 
 
 Ministers, and Consuls, 
 to all cases of admiralty and maritime 
 
 jurisdiction, 
 to controversies to which the U. S, is a 
 
 party, 
 to controversies between two or more 
 
 States, 
 between a State and citizens of an- 
 other State, 
 between citizens of different States. 
 between citizens of the same State 
 claiming lands under grants of dif- 
 ferent States. 
 and between a State or its citizens, 
 and foreign States, citizens, or sub- 
 jects. 
 
 2. Supreme Court shall have original juris- 
 
 diction 
 
 in all cases affecting Ambassadors, 
 
 Ministers, or Consuls, 
 and cases in which a State is a party, 
 and appellate jurisdiction both as to 
 
 law and fact, under regulations to 
 
 be made by Congress. 
 
 3. Trials of all crimes, except in cases of im- 
 
 peaclunent, to be by jury. 
 
 to be had in State where crime has 
 
 been com mil led. 
 when not committed within a State, to 
 be where Congress may direct.
 
 459 CONTENTS OF CONSTITUTION OF U. S. 
 
 See. 3. — 1. Treason consists in levying war against, 
 or adhering to enemies of the U. S., giv- 
 ing them aid and comfort. 
 
 no conviction unless on testimony of 
 
 two witnesses, 
 or on confession in open Court. 
 2. Congress may declare the punishment for 
 treason. 
 
 no attainder shall work corruption of 
 blood or forfeiture beyond the life 
 of the party attainted. 
 
 ARTICLE IV. 
 
 See. 1.— Full faith and credit to be given to public 
 acts, records, and judicial proceedings of 
 States. 
 
 Congress may prescribe the manner 
 
 of their proof, and the effect thereof. 
 
 Sec. 2, — 1. Citizens of each State are entitled to the 
 
 privileges and immunities of citizens in 
 
 the several States. 
 
 2. Fugitives from .instice to be delivered up 
 
 to State having jurisdiction of the crime. 
 
 3. Fugitives from service or labor to be deliv- 
 
 ered up. 
 Sec. 3.— 1. New States may be admitted by Congress, 
 but they cannot be formed within the 
 jurisdiction of a State without consent of 
 its Legislature. 
 
 nor by the junction of two or more 
 States without consent of States 
 concerned and of Congress. 
 2. Congress may dispose of and make rules 
 and regulations for territories or other 
 property belonging to the LT. S. 
 Claims of the U. S. or of a State not to be 
 prejudiced. 
 Sec. 4.— A republican form of government guaranteed 
 to each State, 
 and protection of each against invasion, 
 and against domestic violence.
 
 CONTENTS OF CONSTITUTION OF U. S. -iGO 
 
 ARTICLE V. 
 
 Congress may propose amendments, when 
 deemed necessary. 
 
 or on application of two-thirds of the 
 State Legislatures. 
 
 convention to be called. 
 
 to be ratified by Legislatures or con- 
 ventions of three-fourths of the 
 States. 
 
 no State, -nithout its consent, can be 
 deprived of its equal suffrage in the 
 Senate. 
 
 ARTICLE VI. 
 
 1. All existing liabilities are valid against the 
 
 TJ. S. 
 
 2. The Constitution, laws, and treaties are the 
 
 supreme law of the land. 
 Judges in every State bound thereby. 
 
 3. All officers, executive, legislative, and .iu- 
 
 dicial, both Federal and State, to be 
 bound by oath or affirmation to support 
 the Constitution. 
 
 no religious test shall be required as 
 a qualification to any office. 
 
 ARTICLE VIL 
 
 The ratification of nine States sufficient. 
 
 Attestation clause. 
 
 Signatures. 
 
 AMENDMENTS. 
 
 ARTICLE I. 
 
 Congress can make no law respecting religion, 
 or aitridging tlie freedom of speech or of 
 
 the press. 
 or tlic right to peaceably assemble and 
 
 petition for redress. 
 
 ARTICLE IL 
 
 The right of tlie people to keep and bear 
 arms shall not be infringed.
 
 461 CONTENTS OF CONSTITUTION OF U. S. 
 
 ARTICLE III, 
 
 No soldier to be quartered in any house 
 without the consent of the owner. 
 
 nor in time of war but in a manner pre- 
 scribed by law. 
 
 ARTICLE IV. 
 
 The right of security against searches and 
 seizures shall not be violated. 
 
 warrants on probable cause to be sup- 
 ported by oath or affirmation, 
 the place, person, and thing to be de- 
 scribed in the warrant. 
 
 ARTICLE V. 
 
 Presentment or indictment before grand -jury 
 essential to trial for crime. 
 
 except as to land or naval forces or 
 militia in time of war. 
 
 no person to be put twice in jeopardy. 
 
 nor be compelled to be witness against 
 himself. 
 
 nor be deprived of life, liberty, or prop- 
 erty without due process of law. 
 
 nor shall private property be taken for 
 public use without compensation. 
 
 ARTICLE VI. 
 
 In criminal trials, accused shall have the 
 right to a speedy and public trial. 
 
 by a jury, of State and district where 
 crime was committed. 
 
 and to be informed of the nature and 
 cause of accusation. 
 
 and to be confronted with witnesses 
 against him. 
 
 and to have compulsoiy process for wit- 
 nesses in his favor. 
 
 and to have the assistance of counsel for 
 his defense.
 
 CONTEXTS OF CONSTITUTION OF U. S. 462 
 
 ARTICLE VII. 
 
 Id civil actions, tbe riglit of trial by jury 
 sliall be preserved wliere tlie value in con- 
 troversy exceeds twenty dollars. 
 
 facts tried by jury are re-examinable 
 ouly according to the rules of common 
 law. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, 
 nor excessive fines imposed, 
 nor cruel nor unusual punishments in- 
 flicted. 
 
 ARTICLE IX. 
 
 The enumeration of rights not to disparage 
 others retained by the people. 
 
 ARTICLE X. 
 
 Powers not delegated nor prohibited to the 
 States are reserved to the States or to the 
 people. 
 
 ARTICLE XI. 
 
 The judicial power not to extend to actions 
 against a State by citizen of another State, 
 or of a foreign State. 
 
 ARTICLE XII. 
 
 Frosidential electors to meet in their respec- 
 tive States. 
 
 and vote by ballot for President and 
 Vice-President. 
 
 the ballots for each office to be distinct. 
 
 distinct lists to be made, signed, certi- 
 fied, and transmitted to the President 
 of tlic Senate. 
 
 tho Prcsidt'iit of the Senate to open the 
 certificates in presence of both houses 
 of Congress. 
 
 and the voles shall then be counted. 
 
 the person liaviiig tlie greatest number of 
 votes shall be I'resident.
 
 46S CONTENTS OF CONSTITUTION OF U. 8. 
 
 if tliere be no majority the House of 
 Representatives shall elect from those 
 having the highest number, not exceed- 
 ing three. 
 
 the votes shall be taken by States, each 
 State having one vote. 
 
 a quorum shall consist of a representa- 
 tion from two-thirds of the States. 
 
 a majority of all the States necessary to 
 a choice. 
 
 if the House neglect to choose a Presi- 
 dent, the Vice-President shall act as 
 such. 
 
 the person having the greatest number 
 of votes for Vice-President shall be 
 Vice-President, if it be a majority of 
 the electors. 
 
 if not such majority, then the Senate 
 shall choose the Vice-President from 
 the two highest on the list. 
 
 a quorum shall consist of two-thirds of 
 the whole number of Senators. 
 
 a majority shall be necessary for a 
 choice. 
 
 constitutional ineligibility for President 
 renders a person ineligible for Vice- 
 President. 
 
 ARTICLE XIII. 
 
 Neither slavery nor involuntary servitude, 
 except for crime, shall exist in the United 
 States. 
 
 Congress may enforce this article. 
 
 ARTICLE XIV. 
 
 Sec. 1.— All persons born or naturalized in the U. S. 
 are citizens of the U. S. and of the State 
 where they reside. 
 
 States cannot abridge the privileges and 
 
 immunities of citizens, 
 nor deprive any person of life, liberty, or 
 
 property without due process of law. 
 nor deny to any person the equal protec- 
 tion of the law.
 
 CONTENTS OF CONSTITUTION OF U. S. 464 
 
 Sec. 2.— Representatives shall be apportioned accord- 
 ing to the whole number of persons in each 
 State, excluding Indians not taxed. 
 
 but when the right to vote is denied to 
 male citizens over twenty-one, the 
 basis of representation shall be re- 
 duced accordingly, 
 except for participation in the rebellion 
 or for other crimes. 
 Sec. 3. — Persons engaged in insurrection or rebellion 
 having previously taken the oath to sup- 
 port the Constitution of the U. S. are dis- 
 qualified from holding office. 
 
 Congress may by a two-third vote of 
 
 each house remove the disability. 
 
 See. 4.— The validity of the public debt of the U. S., 
 
 authorized by law, shall not be questioned. 
 
 debts or obligations incurred in aid of 
 
 rebellion are illegal and void, 
 claims for loss or emancipation of any 
 slave are illegal and void. 
 Sec. 5.— Congress shall have power to enforce these 
 provisions. 
 
 ARTICLE XV. 
 
 Sec. 1.— The right of citizens to vote shall not be de- 
 nied or abridged on account of race, color, 
 or previous condition of servitude. 
 
 Sec. 2.— Congress shall have power to enforce this 
 article.
 
 CONSTITUTION 
 
 OF THE 
 
 UNITED STATES 
 
 We the People of the United States, in Order 
 to form a more perfect Union, establish Justice, 
 insure domestic Tranquility, provide for the com- 
 mon defence, promote the general Welfare, and 
 secure the Blessings of Liberty to ourselves and 
 our Posterity, do ordain and establish this Con- 
 stitution for the United States of America. 
 
 AETICLE I. 
 
 Section. 1, All legislative Powers herein 
 granted shall be vested in a Congress of the 
 United States, which shall consist of a Senate and 
 House of Eepresentatives. 
 
 Section. 2. ^The House of Eepresentatives 
 
 shall be composed of Members chosen every second 
 
 Year by the People of the several States, and the 
 
 Electors in each State shall have the Qualifications 
 
 (4G5j
 
 Art. I, § 2 CONSTITUTION OF V. a. 466 
 
 requisite for Electors of the most numerous 
 Branch of the State Legislature. 
 
 ^No Person shall be a Eepresentative who shall 
 not have attained to the Age of twenty-five Years, 
 and been seven Years a Citizen of the United 
 States, and who shall not, when elected, be an 
 Inhabitant of that State in which he shall be 
 chosen. 
 
 ^[Representatives and direct Taxes shall be ap- 
 portioned among the several States which may be 
 included within this Union, according to their 
 respective Numbers, which shall be determined by 
 adding to the whole Number of free Persons, in- 
 cluding those bound to Service for a Term of 
 Years, and excluding Indians not taxed, three- 
 fifths of all other Persons.] The actual Enimiera- 
 tion shall be made within three Years after the 
 first Meeting of the Congress of the United States, 
 and within every subsequent Term of ten Years, 
 in such Manner as they shall by Law direct. The 
 Number of Representatives shall not exceed one 
 for every thirty Thousand, but each State shall 
 have at Least one Representative; and until such 
 enumeration shall be made, the State of New 
 Hampshire shall be entitled to chuse three, Massa- 
 chusetts eight, Rhode-Island and Providence 
 Plantations one, Connecticut five, New York six. 
 New Jersey four, Pennsylvania eight, Delaware 
 one, Maryland six, Virginia ten, North Carolina 
 five, South Carolina five, and Georgia three.
 
 4G7 CONSTITUTION OF u. s. Art. I, § 3 
 
 *Wheii vacancies happen in the Eepresentation 
 from any State, the Executive Authority thereof 
 shall issue Writs of Election to fill such Vacancies. 
 
 ^The House of Eepresentatives shall chuse their 
 Speaker and other Officers; and shall have the 
 sole Power of Impeachment. 
 
 Section. 3. ^The Senate of the United States 
 shall be composed of tAvo Senators from each 
 State, chosen by the Legislature thereof, for six 
 Years; and each Senator shall have one Vote. 
 
 ^Immediately after they shall be assembled in 
 Consequence of the first Election, they shall be 
 divided as equally as may be into three Classes. 
 The Seats of the Senators of the first Class shall 
 be vacated at the Expiration of the second year, of 
 the second Class at the Expiration of the fourth 
 Year, and of the third Class at the Expiration of 
 the sixth Year, so that one-third may be chosen 
 every second Year; and if Vacancies happen by 
 Resignation, or otherwise, during the Eeccss of 
 the Legislature of any State, the Executive thereof 
 may make temporary Appointments until the next 
 Meeting of the Legislature, which shall then fill 
 such Vacancies. 
 
 ^No Person shall be a Senator who shall not 
 have attained to the Age of thirty Years, and been 
 nine Years a Citizen of the United States, and 
 who shall not, when elected, be an Inhabitant of 
 that State for which he shall be chosen.
 
 Art. I, § 4 CONSTITUTION OF U. 8. 4C8 
 
 ^The Vice President of tlie United States shall 
 be President of the Senate, but shall have no Vote, 
 unless they be equally divided. 
 
 ^The Senate shall chuse their other Officers, and 
 also a President pro tempore, in the Absence of 
 the Vice President, or when he shall exercise the 
 Office of President of the United States. 
 
 ®The Senate shall have the sole Power to try all 
 Impeachments. When sitting for that Purpose, 
 they shall be on Oath or Affirmation. When the 
 President of the United States is tried, the Chief 
 Justice shall preside: And no Person shall be 
 convicted without the Concurrence of two-thirds 
 of the Members present. 
 
 Judgment in Cases of Impeachment shall not 
 extend further than to removal from Office, and 
 disqualification to hold and enjoy any Office of 
 honor, Trust or Profit under the United States: 
 but the Party convicted shall nevertheless be liable 
 and subject to Indictment, Trial, Judgment and 
 Punishment, according to Law. 
 
 Section. 4. ^The Times, Places and Manner 
 of holding Elections for Senators and Representa- 
 tives, shall be prescribed in each State by .the 
 Legislature thereof ; but the Congress may at any 
 time by Law make or alter such Kegulations, ex- 
 cept as to the Places of chusing Senators. 
 
 ^The Congress sliall assemble at least once in 
 every Year, and such Meeting sball be on the first
 
 409 coNSTixrTiON OF u. s. Art. I, §§ 5, G 
 
 Monday in December, unless they shall by Law 
 appoint a different Day. 
 
 Section. 5. ^Each House shall be the Judge 
 of the Elections, Eeturns and Qualifications of its 
 own Members, and a jVIajority of each shall con- 
 stitute a Quorum to do Business; but a smaller 
 Number may adjourn from day to day, and may be 
 authorized to compel the Attendance of absent 
 Members, in such Manner, and under such Pen- 
 alties as each House may provide. 
 
 ^Each House may determine the Eules of its 
 Proceedings, punish its Members for disorderly 
 Behavior, and, with the Concurrence of two thirds, 
 expel a Member. 
 
 ^Each House shall keep a Journal of its Pro- 
 ceedings, and from time to time publish the same, 
 excepting such Parts as may in their Judgment 
 require Secrecy; and the Yeas and Nays of the 
 Members of either House on any question shall, 
 at the Desire of one fifth of those present, be en- 
 tered on the Journal. 
 
 ^Neither House, during the Session of Congress, 
 shall, without the Consent of the other, adjourn 
 for more than three days, nor to any other Place 
 than that in which the two Houses shall be sit- 
 ting. 
 
 Section. 6. ^The Senators and Eepresenta- 
 tives shall receive a Compensation for their Ser- 
 vices, to be ascertained by Law, and paid out of 
 
 Constitution —40
 
 Art. I, § 7 CONSTITUTION OF u. s, 470 
 
 the Treasury of the United States. They shall in 
 all Cases, except Treason, Felony and Breach of 
 the Peace, be privileged from Arrest during their 
 Attendance at the Session of their respective 
 Houses, and in going to and returning from the 
 same; and for any Speech or Debate in either 
 House, they shall not be questioned in any other 
 Place. 
 
 ^ISTo Senator or Eepresentative shall, during the 
 Time for which he was elected, be appointed to 
 any civil Office under the Authority of the United 
 States, which shall have been created, or the 
 Emoluments whereof shall have been encreased 
 during such time; and no Person holding any 
 Office under the United States, shall be a Mem- 
 ber of either House during his Continuance in 
 Office. 
 
 Section. 7. ^All Bills for raising Revenue 
 shall originate in the House of Eepresentatives ; 
 but the Senate may propose or concur with Amend- 
 ments as on other Bills. 
 
 ^Every Bill which shall have passed the Houso 
 of Representatives and the Senate, shall, before it 
 become a Law, be presented to the President of 
 the United States; If he approve he shall sign it, 
 but if not he shall return it, with his Objections 
 to that House in which it shall have originated, 
 who shall enter the Objections at large on their 
 Journal, and proceed to reconsider it. If after
 
 471 CONSTITUTION OP u. s. Art. I, § 8 
 
 such Reconsideration two thirds of that House 
 shall agree to pass the Bill, it shall be sent, to- 
 gether with the Objections, to the other House, 
 by which it shall likewise be reconsidered, and if 
 approved by two thirds of that House, it shall 
 become a Law. But in all such Cases the Votes 
 of both Houses shall be determined by Yeas and 
 Nays, and the Names of the Persons voting for 
 and against the Bill shall be entered on the Jour- 
 nal of each House respectively. If any Bill shall 
 not be returned by the President within ten days 
 (Sundays excepted) after it shall have been pre- 
 sented to him, the Same shall be a Law, in like 
 Manner as if he had signed it, unless the Congress 
 by their Adjournment prevent its Eeturn, in which 
 Case it shall not be a Law. 
 
 ^Every Order, Eesolution, or Vote to which the 
 Concurrence of the Senate and House of Eepresen- 
 tatives may be necessary (except on a question of 
 Adjournment) shall be presented to the President 
 of the United States; and before the Same shall 
 take Effect, shall be approved by him, or being 
 disapproved by him, shall be repassed by two 
 thirds of the Senate and House of Representatives, 
 according to the Rules and Limitations prescribed 
 in the Case of a Bill. 
 
 Sectiojst. 8. iThe Congress shall have Power 
 To lay and collect Taxes, Duties, Imposts and Ex- 
 cises, to pay the Debts and provide for the com-
 
 Art. I, § 8 coxsTiTUTiox of u. s. 472 
 
 mon Defence and general Welfare of the United 
 States; but all Duties, Imposts and Excises shall 
 be uniform throughout the United States; 
 
 ^To borrow Money on the credit of the United 
 States ; 
 
 *To regulate Commerce with foreign Nations, 
 and among the several States, and with the Indian 
 Tribes; 
 
 *To establish an uniform Euleof Naturalization, 
 and uniform Laws on the subject of Bankruptcies 
 throughout the United States; 
 
 ^To coin Money, regulate the Value thereof, and 
 of foreign Coin, and fix the Standard of Weights 
 and Measures; 
 
 ®To provide for the Punishment of counterfeit- 
 ing the Securities and current Coin of the United 
 States ; 
 
 "^To establish Post Offices and post Eoads; 
 
 ^To promote the Progress of Science and useful 
 Arts, by securing for limited Times to Authors 
 and Inventors the exclusive Eight to their respec- 
 tive Writings and Discoveries; 
 
 ^To constitute Tril)unals inferior to the supreme 
 Court ; 
 
 ^^To define and punish Piracies and Felonies 
 committed on tbe liigk Seas, and Offences against 
 the Law of Nations;
 
 473 CONSTITUTION OF u. s. Art. I, § 8 
 
 ^^To declare War, grant Letters of Marqne and 
 Reprisal, and make Eiiles concerning Captures on 
 Land and Water; 
 
 i^To raise and support Armies, but no Appro- 
 priation of Money to that Use shall be for a 
 longer Term than Two Years; 
 
 i^To provide and maintain a jSTavy; 
 
 i^To make Eules for the Government and Eegu- 
 lation of the land and naval Forces; 
 
 i^To provide for calling forth the Militia to 
 execute the Laws of the Union, suppress Insurrec- 
 tions and repel Invasions; 
 
 ^'^To provide for organizing, arming, and dis- 
 ciplining, the Militia, and for governing such Part 
 of them as may be employed in the Service of the 
 United States, reserving to the States respectively, 
 the Appointment of the Officers, and the Authority 
 of training the Militia according to the discipline 
 prescribed by Congress; 
 
 I'To exercise exclusive Legislation in all Cases 
 whatsoever, over such District (not exceeding ten 
 Miles square) as may, by Cession of particular 
 vStates, and the Acceptance of Congress, become 
 the Seat of the Government of the United States, 
 and to exercise like Authority over all Places pur- 
 chased by the Consent of the Legislature of the 
 State in which the Same shall be, for the Erec- 
 tion of Forts, Magazines, Arsenals, dock-Yards, 
 and other needful Buildings; — And
 
 Art. I, § 9 CONSTITUTION OF u. s. 474 
 
 ^^To make all Laws which shall be necessary 
 and proper for carrying into Execution the fore- 
 going Powers, and all other Powers vested by this 
 Constitution in the Government of the United 
 States, or in any Department or OflEicer thereof; 
 
 Section. 9. ^The Migration or Importation of 
 such Persons as any of the States now existing 
 shall think proper to admit, shall not be prohibited 
 by the Congress prior to the Year one thousand 
 eight hundred and eight, but a Tax or duty may 
 be imposed on such Importation, not exceeding ten 
 dollars for each Person. 
 
 ^The Privilege of the Writ of Habeas Corpus 
 shall not be suspended, unless when in Cases of 
 Eebellion or Invasion the public Safety may re- 
 quire it. 
 
 ^No Bill of Attainder or ex post facto Law shall 
 be passed. 
 
 ^No Capitation, or other direct, tax shall be 
 laid, unless in Proportion to the Census or Enu- 
 meration herein ])efore directed to be taken. 
 
 ^No Tax or Duty shall be laid on Articles ex- 
 ported from any State. 
 
 '^Xo Preference shall be given by any Regulation 
 of Commerce or licvenue to the Ports of one 
 State over those of anotlier; nor shall Vessels 
 bound to, or from, one State, be obliged to enter, 
 clear, or pay Duties in anotlier.
 
 475 CONSTITUTION OF IT. 8. Art. I, § 10 
 
 "^No Money shall be drawn from the Treasury, 
 but in Consequence of Appropriations made by 
 Law; and a regular Statement and Account of 
 the Receipts and Expenditures of all public Money 
 shall be pviblished from time to time. 
 
 ^No Title of Nobility shall be granted by the 
 United States: and no Person holding any Office 
 of Profit or Trust under them, shall, without the 
 Consent of the Congress, accept of any present. 
 Emolument, Office, or Title, of any kind whatever, 
 from any King, Prince, or foreign State. 
 
 Section. 10. ^No State shall enter into any 
 Treaty, Alliance, or Confederation; grant Letters 
 of Marque and Reprisal; coin Money; emit Bills 
 of Credit; make any Thing but gold and silver 
 Coin a Tender in Payment of Debts; pass any 
 Bill of Attainder, ex post facto Law, or Law im- 
 pairing the Obligation of Contracts, or grant any 
 Title of Nobility. 
 
 ^No State shall, without the Consent of the Con- 
 gress, lay any Imposts or Duties on Imports or 
 Exports, except what may be absolutely necessary 
 for executing it's inspection Laws: and the net 
 Produce of all Duties and Imposts, laid by any 
 State on Imports or Exports, shall be for the Use 
 of the Treasury of the United States; and all 
 such Laws shall be subject to the Revision and 
 Controul of the Congress.
 
 Art. II, § 1 COXSTITUTION OF U. S. 476 
 
 ^Xo state shall, without the Consent of Con- 
 erress, lay any Duty of Tonnage, keep Troops, or 
 Ships of War in time of Peace, enter into any 
 Agreement or Compact Avith another State, or 
 Avith a foreign Power, or engage in War, unless 
 actually invaded, or in such imminent Danger as 
 will not admit of delay. 
 
 AETICLE II. 
 
 Section". 1. ^The executive Power shall he 
 vested in a President of the United States of 
 America. He shall hold his Office during the 
 Term of four Years, and, together with the Vice 
 President, chosen for the same Term, be elected, 
 as follows 
 
 ^Each State shall appoint, in such Manner as 
 the Legislature thereof may direct, a Number of 
 Electors, equal to the Avhole number of Senators 
 and Eepresentatives to which the State may be 
 entitled in the Congress: l)ut no Senator or Rep- 
 resentative, or Person holding an Office of Trust 
 or Profit under the United States, shall be ap- 
 pointed an Elector. 
 
 ^["The electors sliall mci't in their respective 
 States, and vote l)y ballot for two Persons, of 
 whom one at least shall not be an Inhabitant of 
 the same State witli themselves. And tbey shall 
 make a List of all the Persons voted for, and of 
 the Number of Votes for each; which List they
 
 477 CONSTITUTION OF u. s. Art. II, § 1 
 
 shall sign and certify, and transmit sealed to the 
 Seat of the Government of the United States, 
 directed to the President of the Senate. The 
 , President of the Senate shall, in the Presence of 
 the Senate and House of Eoprescntatives, open all 
 the Certificates, and the Votes shall then be 
 counted. The Person having the greatest Number 
 of Votes shall be the President, if such Kumber 
 be a Majority of the whole Number of Electors 
 'appointed; and if there be more than one who have 
 such Majority, and have an equal Number of 
 Votes, then the House of Representatives shall 
 immediately chnse by Ballot one of them for 
 President ; and if no Person have a Majority, then 
 from the five highest on the List the said House 
 shall in like Manner chuse the President. But 
 in chusing the President, the A-^otes shall be taken 
 by States, the Keprosentation from each State 
 having one Vote ; A quorum for this Purpose shall 
 consist of a Member or Members from two-thirds 
 of the States, and a Majority of all the States shall 
 be necessary to a Choice. In every Case, after 
 the Choice of the President, the Person having 
 the greatest Number of Votes of the Electors shall 
 be the Vice-President. But if there should re- 
 main two or more who have equal Votes, the Sen- 
 ate shall chuse from them by Ballot the Vice- 
 President."] 
 
 This Clause has been superseded by the twelfth 
 amendment, p. 490.
 
 Art. II, § 1 CONSTITUTION OF u. s. 478 
 
 *The Congress may determine the Time of 
 chusing the Electors, and the Day on which they 
 shall give their Votes; which Day shall be the 
 same throughout the United States. 
 
 ^No Person, except a natural born Citizen, or a 
 Citizen of the United States, at the time of the 
 adoption of this Constitution, shall be eligible to 
 the Office of President; neither shall any Person 
 be eligible to that Office who shall not have at- 
 tained to the Age of thirty five Years, and been 
 fourteen Years a Resident within the United 
 States. 
 
 ^In Case of the Removal of the President from 
 Office, or of his Death, Resignation, or Inability 
 to discharge the Powers and Duties of the said 
 Office, the same shall devolve on the Vice Presi- 
 dent, and the Congress may by Law provide for 
 the Case of Removal, Death, Resignation, or Ina- 
 bility, both of the President and Vice President, 
 declaring what Officer shall then act as President, 
 and such Officer shall act accordingly, until the 
 Disability be removed, or a President shall be 
 elected. 
 
 "^The President shall, at stated Times, receive 
 for his Services, a Compensation, which shall 
 neither be encreased nor diminished during the 
 Period for which he shall have been elected, and 
 he shall not receive within that Period any other 
 Emolument from the United States, or any of 
 them.
 
 479 CONSTITUTiON OF u. s. Art. II, § 2 
 
 ^Before he enter on the Execution of his Office, 
 he shall take the following Oath or Affirmation : — 
 "I do solemnly swear (or affirm) that I will faith- 
 fully execute the Office of President of the United 
 States, and will to the best of my Ability, pre- 
 serve, protect and defend the Constitution of the 
 United States." 
 
 SECTioisr. 2. ^The President shall he Com- 
 mander in Chief of the Army and Navy of the 
 . United States, and of the Militia of the several 
 States, when called into the actual Service of the 
 United States; he may require the Opinion, in 
 writing, of the principal Officer in each of the 
 executive Departments, upon any Subject relating 
 to the Duties of their respective Offices, and he 
 shall have Power to grant Eeprieves and Pardons 
 for Offences against the United States, except in 
 Cases of Impeachment. 
 
 ^He shall have Power, by and with the Advice 
 and Consent of the Senate, to make Treaties, 
 provided two thirds of the Senators present con- 
 cur; and he shall nominate, and by and with the 
 Advice and Consent of the Senate, shall appoint 
 Ambassadors, other public Ministers and Con- 
 suls, Judges of the supreme Court, and all other 
 Officers of the United States, whose Appointments 
 are not herein otherwise provided for, and which 
 shall be established by Law : but the Congress may 
 by Law vest the Appointment of such inferior Of-
 
 Art. Ill, § 1 CONSTITUTION OF u. s. 480 
 
 ficers as they think proper, in the President alone, 
 in the Courts of Law, or in the Heads of De- 
 partments. 
 
 ^The President shall have Power to fill np all 
 Vacancies that may happen during the Eecess of 
 the Senate, by granting Commissions which shall 
 expire at the End of their next Session. 
 
 Section. 3. He shall from time to time give 
 to the Congress Information of the State of the 
 Union, and recommend to their Consideration such 
 Measures as he shall judge necessary and ex- 
 pedient; he may, on extraordinary Occasions, con- 
 vene both Houses, or either of them, and in Case 
 of Disagreement between them, with Eespect to 
 the Time of Adjournment, he may adjourn them 
 to such Time as he shall think proper ; he shall 
 receive Ambassadors and other public Ministers; 
 he shall take Care tliat the Laws be faithfully 
 executed, and shall Commission all Ihe Officers 
 of the L^nited States. 
 
 Section. 4. The President, Vice President 
 and all civil Officers of the United States, shall 
 be removed 'from Office on Impeachment for, and 
 Conviction of. Treason, Bribery, or other high 
 Crimes and Misdemeanors. 
 
 ARTICLE TIL 
 
 Secttox. 1. Tlie judicial Power of the United 
 States, shall be vested in one supreme Court, and
 
 481 CONSTITUTION OF U. S. Aft. Ill, § 2 
 
 in such inferior Courts as the Congress may from 
 time to time ordain and establish. The Judges, 
 both of the supreme and inferior Courts, shall 
 hold their Offices during good Behaviour, and 
 shall, at stated Times, receive for their Services, 
 a Compensation, which shall not be diminished 
 during their Continuance in Office. 
 
 Section. 2. ^The judicial Power shall extend 
 to all Cases, in Law and Equity, arising under 
 this Constitution, the Laws of the United States, 
 and Treaties made, or which shall be made, un- 
 der their Authority; — to all Cases affecting 
 Ambassadors, other public Ministers and Consuls; 
 — to all Cases of admiralty and maritime Ju- 
 risdiction; — to Controversies to which the United 
 States shall be a Party ; — to Controversies between 
 two or more States ;^between a State and Citi- 
 zens of another State ; — between Citizens of differ- 
 ent States, — between Citizens of the same State 
 claiming Lands under Grants of different States, 
 and between a State, or the Citizens thereof, and 
 foreign States, Citizens or Subjects. 
 
 'In all Cases affecting Ambassadors, other pub- 
 lic Ministers and Consuls, and those in which a 
 State shall be Party, the supreme Court shall 
 have original Jurisdiction. In all the other Cases 
 before mentioned, the supreme Court shall have 
 appellate Jurisdiction, both as to Law and Fact, 
 with such Exceptions, and under such Eegulations 
 as the Congress shall make. 
 
 Constitution— 41
 
 Art. lA^, §§ 1, 2 CONSTITUTION OF u. s. 482 
 
 ^The Trial of all Crimes, except in Cases of 
 Impeachment, shall be by Jury; and such Trial 
 shall be held in the State where the said Crimes 
 shall have been committed; but when not com- 
 mitted within any State, the Trial shall be at 
 such Place or Places as the Congress may by 
 Law have directed. 
 
 Section. 3. ^Treason against the United 
 States, shall consist only in levying War against 
 them, or in adhering to their Enemies, giving them 
 Aid and Comfort. No Person shall be convicted 
 of Treason unless on the Testimony of two Wit- 
 nesses to the same overt Act, or on Confession in 
 open Court. 
 
 ^The Congress shall have Power to declare the 
 Punishment of Treason, but no Attainder of Trea- 
 son shall work Corruption of Blood, or Forfeiture 
 except during the Life of the Person attainted. 
 
 ARTICLE IV. 
 
 Section. 1. Full Faith and Credit shall be 
 given in each State to the public Acts, Records, 
 and judicial Proceedings of every other State. 
 And the Congress may by general Laws prescribe 
 the Manner in which such Acts, Records and Pro- 
 ceedings shall be proved, and the Effect thereof. 
 
 Section. 2. ^The Citizens of each State shall 
 be entitled to all Privileges and Immunities of 
 Citizens in the several States.
 
 483 CONSTITUTION OF U. 8. Art. IV, §§ 3, 4 
 
 ^A Person charged in any State witli Treason, 
 Felony, or other Crime, who shall flee from Jus- 
 tice, and be found in another State, shall on De- 
 mand of the executive Authority of the State from 
 which he fled, be delivered up to be removed to 
 the State having Jurisdiction of the Crime. 
 
 ^No Person held to Service or Labour in one 
 State, under the Laws thereof, escaping into an- 
 other, shall, in Consequence of any Law or Eegu- 
 lation therein, be discharged from such Service 
 or Labour, but shall be delivered up on Claim 
 of the Party to whom such Service or Labour may 
 be due. 
 
 Section. 3. ^ISTew States may be admitted by 
 the Congress into this Union; but no new State 
 shall be formed or erected within the Jurisdiction 
 of any other State; nor any State be formed by 
 the Junction of two or more States, or Parts of 
 States, without the Consent of the Legislatures of 
 the States concerned as well as of the Congress. 
 
 ^Tlie Congress shall have Power to dispose of 
 and make all needful Eules and Eegulations re- 
 specting the Territory or other Property belonging 
 to the United States; and nothing in this Con- 
 stitution shall be so construed as to Prejudice any 
 Claims of the United States, or of any particular 
 State. 
 
 Section. 4. The United States shall guarantee 
 to every State in this Union a Eepublican Form
 
 Arts. V, YI coxsTiTUTiox OF u. s. 4S4 
 
 of Government, and shall protect each of them 
 against Invasion; and on Application of the 
 Legislatilre, or of the Executive (when the Legis- 
 lature cannot be convened) against domestic Vio- 
 lence. 
 
 ARTICLE V. 
 
 The Congress, whenever two thirds of both 
 Houses shall deem it necessary, shall propose 
 Amendments to this Constitution, or, on the Ap- 
 plication of the Legislatures of two thirds of the 
 several States, shall call a Convention for propos- 
 ing Amendments, which, in either Case, shall be 
 valid to all Intents and Purposes, as Part of this 
 Constitution, when ratified by the Legisla4:ures of 
 three fourths of the several States, or by Conven- 
 tions in three fourths thereof, as the one or the 
 other Mode of Ratification may be proposed by the 
 Congress; Provided that no Amendment whicli 
 may be made prior to the Year One thousand eight 
 hundred and eight shall in any ]\Ianncr ail'ect the 
 first and fourth Clauses in the Ninth Section of 
 the first Article; and that no State, without its 
 Consent, shall be deprived of its equal Suffrage in 
 the Senate. 
 
 ARTICLE VL 
 
 ^All Debts contracted and Engagements entered 
 into, before ibe A(loi)iion of Ibis Constitution, 
 shall be as valid agair.st the United States under 
 this Constitution, as under the Confederation.
 
 4S5 CONSTITUTION OF u. s. Art. VII 
 
 2Tliis Constitution, and the Laws of the United 
 States which shall be made in Pursuance thereof; 
 and all Treaties made, or which shall be made, 
 under the Authority of the United States, shall 
 be the supreme Law of the Land; and the Judges 
 in every State shall be bound thereby, any Thing 
 in the Constitution or Laws of any State to the 
 Contrary notwithstanding. 
 
 ^The Senators and Eepresentatives before men- 
 tioned, and the Members of the several State Legis- 
 latures, and all executive and judicial Officers, 
 both of the United States and of the several 
 States, shall be bound by Oath or Affirmation, to 
 support this Constitution; but no religious Test 
 shall ever be required as a Qualification to any 
 Office or public Trust under the United States. 
 
 AETICLE VIL 
 
 The Eatification of the Conventions of nine 
 States, shall be sufficient for the establishment of 
 this Constitution between the States so ratifying 
 the Same. 
 
 Done in Convention by the Unanimous Consent 
 of the States present the Seventeenth Day of 
 September in the Year of our Lord one thou- 
 sand seven hundred and Eighty seven, and of 
 the Independance of the United States of 
 America the Twelfth. In Witness whereof We 
 have hereunto subscribed our ISTames, 
 
 G° : WASIIINGTOX— 
 Presidt. and Dcpuir from Virginia
 
 Signers constitutiox of u. s. 4S6 
 
 New Hampshire. 
 John Langdon Nicholas Gilman 
 
 Massachusetts. 
 Nathaniel Gorham Eufus King 
 
 Connecticut. 
 Wm. Saml. Johnson Eoger Sherman 
 
 New York. 
 Alexander Hamilton 
 
 New Jersey. 
 
 Wil : Livingston Wm. Patorson. 
 
 David Brearley Jona : Dayton 
 
 Pennsylvania. 
 
 B. Franklin Thos. Fitzsimons 
 
 Thomas Mifflin Jared Ingersoll 
 
 Robt. Morris James Wilson 
 
 Geo. Clymer Gouv Morris 
 
 Delaware. 
 
 Geo : Ecad Eichard Bassctt 
 
 Gunning Bedford Jun Jaco : Broom 
 John Dickinson 
 
 Maryland. 
 
 James l\TeTTenTy Danl. Carroll 
 
 Dan of St Thos Jenifer
 
 487 CONSTITUTION OF u. s. Ameiidm., Art. I 
 
 Virginia. 
 John Blair — James Madison Jr. 
 
 North Carolina. 
 
 Wm. Bloimt Hu Williamson 
 
 Richd. Dobbs Spaight 
 
 South Carolina. 
 
 J. Eutledge Charles Pinckney 
 
 Pierce Butler 
 Charles Cotesworth. Pinckney . 
 
 Georgia. 
 William Few Abr Baldwin 
 
 Attest WILLIAM JACKSON Secretary 
 
 ARTICLES IN ADDITION TO, AND AMENDMENT OF, 
 THE CONSTITUTION OF THE UNITED STATES OF 
 AMERICA, PROPOSED BY CONGRESS, AND RATIFIED 
 BY THE LEGISLATURES OF THE SEVERAL STATES 
 PURSUANT TO THE FIFTH ARTICLE OF THE ORIG- 
 INAL CONSTITUTION. 
 
 [AETICLE L] 
 
 Congress shall make no law respecting an es- 
 tablishment of religion, or prohibiting the free 
 exercise thereof; or abridging the freedom of 
 speech, or of the press; or the right of the people
 
 Amendm., Arts. 11- V coisstitution of u. s. 4S8 
 
 peaceably to assemble, and to petition the Govern- 
 ment for a redress of grievances. 
 
 [AETICLE II.] 
 
 A well regulated Militia, being necessary to the 
 security of a free State, the right of the people to 
 keep and bear Arms, shall not be infringed. 
 
 [AETICLE III.] 
 
 No Soldier shall, in time of peace be quartered 
 in any house, without the consent of the Owner, 
 nor in time of war, but in a manner to be pre- 
 scribed by law, 
 
 [AETICLE lY.] 
 
 The right of the people to be secure in their 
 persons, houses, papers, and effects, against unrea- 
 sonable searches and seizures, shall not be viohitod, 
 and no Wan'ants shall issue, but upon probable 
 cause, supported by Oath or allirmation, and par- 
 ticularly describing the place to be searched, and 
 the persons or things to be seized. 
 
 [AETICLE v.] 
 
 No person shall be held io answer for a cnjiilal, 
 or otbcrwisc infamous crime, unless on a present- 
 ment or indict nicnt of a (^irand Jury, except in 
 cases arising in the land or naval forces, or in the 
 INIililia, wlicn in actual service in time of War
 
 489 CONSTITUTION OF u. s. Aiueudm., Arts. VI, VII 
 
 or public danger; nor shall any person be sub- 
 ject for the same offense to be twice put in 
 jeopardy of life or limb ; nor shall be compelled in 
 any Criminal Case to be a witness agains.t himself, 
 nor be deprived of life, liberty, or property, with- 
 out due process of law; nor shall private property 
 be taken for public use, without just compensation. 
 
 [ARTICLE VI.] 
 
 In all criminal prosecutions, the accused shall 
 enjoy the right to a speedy and public trial, by an 
 impartial jury of the State and district wherein 
 the crime shall have been committed, which dis- 
 trict shall have been previously ascertained by law, 
 and to be informed of the nature and cause of the 
 accusation; to be confronted with the witnesses 
 against him; to have compulsory process for ob- 
 taining Witnesses in his favor, and to have the 
 Assistance of Counsel for his defense. 
 
 [ARTICLE VII.] 
 
 In suits at common law, where the value in 
 controversy shall exceed twenty dollars, the right 
 of trial by jury shall be preserved, and no fact tried 
 by a jury shall be otherwise re-examined in any 
 Court of the United States, than according to the 
 rules of the connnon law.
 
 Amendm. Arts. VIII-XII constitution of u. s, 41)0 
 
 [AETICLE VIII.] 
 
 Excessive bail shall not be required, nor exces- 
 sive fines imposed, nor cruel and unusual punish- 
 ments inflicted. 
 
 [AETICLE IX.] 
 
 The enumeration in the Constitution, of certain 
 rights, shall not be construed to deny or dis- 
 parage others retained by the people. 
 
 [ARTICLE X.] 
 
 Tlie powers not delegated to the United States 
 by the Constitution, nor prohibited by it to the 
 States, are reserved to the States respectively, or 
 to the people. 
 
 [ARTICLE XL] 
 
 The Judicial power of the United States shall 
 not be construed to extend to any suit in law or 
 equity, commenced or prosecuted against one of 
 the United States by Citizens of anotber State, 
 or by Citizens or Subjects of any Foreign State. 
 
 [ARTICLE XIL] 
 
 The Electors shall meet in their respective states, 
 and vote by ballot for President and Vice-Presi- 
 dent, one of whom, at least, shall not be an in- 
 habitant of the same state with themselves; they 
 shall name in their ballots the person voted for
 
 491 CONSTITUTION OF u. s. Ameudm., Art. XII 
 
 as President, and in distinct ballots the person 
 voted for as Vice-President, and they shall make 
 distinct lists of all persons voted for as President, 
 and of all persons voted for as Vice-President, 
 and of the number of votes for each, which lists 
 they shall sign and certify, and transmit sealed 
 to the seat of the government of the United States, 
 directed to the President of the Senate; — The 
 President of the Senate shall, in the presence of 
 the Senate and House of Eepresentatives, open all 
 the certificates and the votes shall then be counted ; 
 — The person having the greatest number of votes 
 for President, shall be the President, if such num- 
 ber be a majority of the whole number of Electors 
 appointed; and if no person have such majority, 
 then from the perso'ns having the highest numbers 
 not exceeding three on the list of those voted for 
 as President, the House of Representatives shall 
 choose immediately, by ballot, the President. But 
 in choosing the President, the votes shall be taken 
 by states, the representation from each state hav- 
 ing one vote ; a quorum for this purpose shall con- 
 sist of a member or members from two-thirds of 
 the states, and a majority of all the states shall be 
 necessary to a choice. And if the House of Eep- 
 resentatives shall not choose a President whenever 
 the right of choice shall devolve upon them, be- 
 fore the fourth day of March next following, then 
 the Vice-President shall act as President, as in 
 the case of the death or other constitutional dis-
 
 Amendm., Arts. XIII, XIV constitution of u. s. 492 
 
 ability of the President. The person having the 
 greatest number of votes as Vice-President, shall 
 be the Vice-President, if such number be a ma- 
 jority of the whole number of Electors appointed, 
 and if no person have a majority, then from the 
 two highest numbers on the list, the Senate shall 
 choose the Vice-President; a quorum for the pur- 
 pose shall consist of two-thirds of the whole num- 
 ber of Senators, and a majority of the whole num- 
 ber shall be necessary to a choice. But no person 
 constitutionally ineligible to the office of Presi- 
 dent shall be eligible to that of Vice-President of 
 the United States. 
 
 AETICLE XIII. 
 
 Section 1. Xeither slavery nor involuntary 
 servitude, except as a punishment for crime where- 
 of the party shall have been duly convicted, shall 
 exist within the United States, or any place sub- 
 ject to their jurisdiction. 
 
 Section 2. Congress shall have power to en- 
 force this article by appropriate legislation. 
 
 ARTICLE XIV. 
 
 Section 1. All persons born or naturalized in 
 the United States, and su])ject to Ibe jurisdiction 
 thereof, are citizens of Ibe United States and of 
 the State wherein lliey reside. No State sball 
 make or enforce any law which sliall abridge the
 
 493 CONSTITXTTION OF u. s. Aiiiendm., Art. XIV 
 
 privileges or immunities of citizens of the United 
 States; nor shall any State deprive any person of 
 life, liherty, or propert}^ without due process of 
 law; nor deny to any person within its jurisdic- 
 tion the equal protection of the laws. 
 
 Section 3. Eepresentatives shall be appor- 
 tioned among the several States according to their 
 respective numbers, counting the whole number of 
 persons in each State, excluding Indians not taxed. 
 But when the right to vote at any election for the 
 choice of electors for President and Vice-President 
 of the United States, Representatives in Congress, 
 the Executive and Judicial officers of a State, or 
 the members of the Legislature thereof, is denied 
 to any of the male inhabitants of such State, being 
 twenty-one years of age, and citizens of the United 
 States, or in any way abridged, except for par- 
 ticipation in rebellion, or other crime, the basis 
 of representation therein shall be reduced in the 
 proportion which the number of such male citizens 
 shall bear to the whole number of luale citizens 
 twenty-one years of age in such State. 
 
 Section 3. No person shall be a Senator or 
 Eepresentative in Congress, or elector of Presi- 
 dent and Vice-President, or hold any office, civil 
 or military, under the United States, or under 
 any State, who, having previously taken an oath, 
 as a member of Congress, or as an officer of the 
 United States, or as a member of any State legis- 
 
 Constitution— 42
 
 Amendm., Art. XV constitution of u, s. 494 
 
 lature, or as an executive or judicial officer of 
 any State, to support the Constitution of the 
 United States, shall have engaged in insurrection 
 or rebellion against the same, or given aid or 
 comfort to the enemies thereof. But Congress 
 may by a vote of two-thirds of each House, re- 
 move such disability. 
 
 Section 4. The validity of the public debt of 
 the United States, authorized by law, including 
 debts incurred for paj^ment of pensions and boun- 
 ties for services in suppressing insurrection or re- 
 bellion, shall not be questioned. But neither the 
 United States nor any State shall assume or pay 
 any debt or obligation incurred in aid of insurrec- 
 tion or rebellion against the United States, or any 
 claim for the loss or emancipation of any slave; 
 but all such debts, obligations and claims shall be 
 held illegal and void. 
 
 Section 5. The Congress shall have power to 
 enforce, by appropriate legislation, the provisions 
 of this article. 
 
 ARTICLE XV. 
 
 Section 1. Tlie right of citizens of the United 
 States to vote shall not be denied or abridged by 
 the United States, or by any State on account of 
 race, color, or previous condition of servitude. 
 
 Section 2. Tlic Congress shall have power to 
 enforce this article by appropriate legislation.
 
 TREATY OF PEACE, FRIENDSHIP, 
 LIMITS, AND SETTLEMENT, 
 
 BETWEEN THE UNITED STATES OF AMERICA AND 
 THE MEXICAN KEPUBLIO. 
 
 Dated at Guadalupe Hidalgo, 2d February, 1848. 
 Exchanged at Queretaro, 30th May, 1848. 
 Ratified by the President U. S., 16th March, 1848. 
 Proclaimed by the President U. S., 4th July, 1848. 
 
 BY THE PRESIDENT OF THE UNITED 
 STATES OF AMERICA. 
 
 A PROCLAMATION. 
 
 Wnereas a Treaty of Peace, Friendship, Limits, 
 and Settlement, between the United States of 
 America and the Mexican Republic, was concluded 
 and signed at the city of Guadalupe Hidalgo, on 
 the second day of February, one thousand eight 
 hundred and forty-eight, which Treaty, as amended 
 by the senate of the United States, and being in 
 the English and Spanish languages, is word for 
 word as follows: 
 
 (495)
 
 Art. I TREATY OF GUADALUPE HIDALGO. 498 
 
 In the Name of Almighty God: , 
 
 The United States of America and the United 
 Mexican States, animated by a sincere desire to 
 put an end to the cahimities of the war which un- 
 happily exists between the two Eepublics, and to 
 establish upon a solid basis relations of peace and 
 friendship, which shall confer reciprocal benefits 
 upon the citizens of both, and assure the concord, 
 harmony, and mutual confidence, wherein the two 
 people should live, as good neighbors, have for 
 that purpose appointed their respective plenipoten- 
 tiaries — that is to say, the President of the United 
 States has appointed Nicholas P. Trist, a citizen 
 of the United States, and the President of the 
 Mexican Eepublic has appointed Don Luis Gon- 
 zaga Cuevas, Don Bernardo Couto, and Don 
 Miguel Atristain, citizens of the said Eepublic, 
 who, after a reciprocal communication of their 
 respective full powers, have, under the protection 
 of Almighty God, the author of peace, arranged, 
 agreed upon, and signed the following: 
 
 Treaty of Peace, Friendship, Limits, and Settle- 
 ment, hetwecn the United States of America and 
 the Mexican Jxepnhlic. 
 
 ARTICLE L 
 
 There shall be firm and universal peace l)etwoen 
 the United States of America and the Mexican Ee- 
 public, and between their resj)ective countries,
 
 497 TRE-ATY OF GUADALUPE HIDALGO. Al'tS. II, III 
 
 territories, cities, towns, and people, without ex- 
 ception of places or persons. 
 
 ARTICLE 11. 
 
 Immediately upon the signature of this Treaty, 
 a convention shall be entered into between a 
 commissioner or commissioners appointed by the 
 General-in-Chief of the forces of the United 
 States, and such as may be appointed by the Mex- 
 ican government, to the end that a provisional sus- 
 pension of hostilities shall take place, and that, 
 in the places occupied by the said forces, constitu- 
 tional order may be re-established, as regards the 
 political, administrative, and judicial branches, so 
 far as this shall be permitted by the circum- 
 stances of military occupation. 
 
 ARTICLE IIL 
 
 Immediately upon the ratification of the pres- 
 ent Treaty by the government of the United 
 States, orders shall be transmitted to the com- 
 manders of their land and naval forces, requir- 
 ing the latter (provided this Treaty shall then 
 have been ratified by the government of the Mexi- 
 can Republic, and the ratifications exchanged) im- 
 mediately to desist from blockading any Mexican 
 ports; and requiring the former (under the same 
 condition) to commence, at the earliest moment 
 practicable, withdrawing all troops of the United 
 States then in the interior of the Mexican Re-
 
 Art. Ill TREATY OF GUADALUPE HIDALGO. 49? 
 
 public, to points that shall be selected by common 
 agreement, at a distance from the seaports not 
 exceeding thirty leagues; and such evacuation of 
 the interior of the Republic shall be completed 
 with the least possible delay ; the l\Iexican govern- 
 ment hereby binding itself to afford every facility 
 in its power for rendering the same convenient 
 to the troops, on their march and in their new 
 positions, and for promoting a good understand- 
 ing between them and the inhabitants. In like 
 manner, orders shall be despatched to the per- 
 sons in charge of the custom-houses at all ports 
 occupied by the forces of the United States, re- 
 quiring them (under the same condition) immedi- 
 ately to deliver possession of the same to the per- 
 sons authorized by the Mexican government to re- 
 ceive it, together with all bonds and evidences of 
 debt for duties on importations and on exporta- 
 tions, not yet fallen due. Moreover, a faithful 
 and exact account shall be made out, showing 
 the entire amount of all duties on imports and on 
 exports, collected at such custom-houses, or else- 
 where in Mexico, by authority of the United 
 States, from and after the day of the ratification 
 of this Treaty by the government of the Mexican 
 Republic; and also an account of the cost of col- 
 lection; and such entire amount, deducting only 
 the cost of collection, sliall be delivered to the 
 Mexican government, at tlie city of Mexico, within 
 three months after the exchange of ratifications.
 
 499 TREATY OF GUADALUPE HIDALGO. Art. IV 
 
 The evacuation of the capital of the Mexican 
 Eepublic by the troops of the United States, in 
 virtue of the above stipulation, shall be completed 
 in one month after the orders there stipulated for 
 shall have been received by the commander of said 
 troops, or sooner if possible. 
 
 ARTICLE IV. 
 
 Immediately after the exchange of ratifications 
 of the present Treaty, all castles, forts, territories, 
 places, and possessions, which have been taken or 
 occupied by the forces of the United States during 
 the present war, within the limits of the Mexican 
 Republic, as about to be established by fhe follow- 
 ing article, shall be definitively restored to the 
 said republic, together with all the artillery, arms, 
 apparatus of war, munitions, and other public 
 property, which were in the said castles and forts 
 when captured, and which shall remain there at 
 the time when this Treaty shall be duly ratified 
 by the government of the Mexican Republic. To 
 this end, immediately upon the signature of this 
 Treaty, orders shall be despatched to the American 
 officers commanding such castles and forts, se- 
 curing against the removal or destruction of any 
 such artillery, arms, apparatus of war, munitions, 
 or other public property. The city of Mexico, 
 within the inner line of intrenchments surround- 
 ing the said city, is comprehended in the above
 
 Art. IV TREATY OF GUADALUPE HIDALGO. 500 
 
 stipulations, as regards the restoration of artillery, 
 apparatus of war, etc. 
 
 The final evacuation of the territory of the 
 Mexican Eepublic, by the forces of the United 
 States, shall be completed in three months from 
 the said exchange of ratifications, or sooner if 
 possible : the Mexican government hereby engag- 
 ling, as in the foregoing article, to use all means 
 in its power for facilitating such evacuation, and 
 rendering it convenient to the troops, and for 
 promoting a good understanding between them and 
 the inhabitants. 
 
 If, however, the ratification of this Treaty by 
 both parties should not take place in time to allow 
 the embarcation of the troops of the United States 
 to be completed before the commencement of the 
 sickly season, at the Mexican ports on the Gulf 
 of iVEexico, in such case a friendly arrangement 
 shall be entered into between the General-in-Chief 
 of the said troops and the Mexican government, 
 whereby healthy and otlierwise suitable places, at 
 a distance from the ports not exceeding thirty 
 leagues, shall be designated for the residence of 
 such troops as may not yet have embarked, until 
 the return of the liealthy season. And the space 
 of time here referred to as comprehending the sick- 
 ly season, shall be understood to extend from the 
 first day of May to the first day of November. 
 
 All prisoners of war taken on either side, on 
 land or on sea, shall be restored as soon as prac-
 
 501 TKEATY OF GUADALUPE HIDALGO. Art. V 
 
 ticable after the exchange of ratifications of this 
 Treaty. It is also agreed that if any Mexicans 
 should now be held as captives by any savage tribe 
 within the limits of the United States, as about 
 to be established by the following article, the gov- 
 ernment of the said United States will exact the 
 release of such captives, and cause them to be 
 restored to their country. 
 
 AETIGLE V. 
 
 The boundary line between the two republics 
 shall commence in the Gulf of Mexico, three 
 leagues from land, opposite the mouth of the Rio 
 Grande, otherwise called Eio Bravo del Norte, 
 or opposite the mouth of its deepest branch, if it 
 should have more than one branch emptying di- 
 rectly into the sea; from thence up the middle of 
 that river, following the deepest channel, where it 
 has more than one, to the point where it strikes 
 the southern boundary of New Mexico; thence, 
 westwardh', along the whole southern boundary of 
 New Mexico (which runs north of the town called 
 Paso) to its western termination; thence, north- 
 ward, along the western line of New Mexico, un- 
 til it intersects the first branch of the river Gila 
 (or if it should not intersect any branch of that 
 river, then to the point on the said line nearest 
 to such branch, and thence in a direct line to the 
 same) ; thence down the middle of the said branch
 
 Art. V TKEATY OF GUADALUPE HIDALGO. 502 
 
 and of the said river, until it empties into the 
 Eio Colorado; thence across the Eio Colorado, 
 following the division line between Upper and 
 Lower California, to the Pacific Ocean. 
 
 The southern and western limits of New Mexi- 
 co, mentioned in this article, are those laid down 
 in the map entitled "Map of the United Mexican 
 States, as organized and defined by various Acts 
 of the Congress of said Eepublic, and constructed 
 according to the best Authorities. Revised edi- 
 tion. Published at New York, in 1847, by J. 
 Disturnell." Of which map a copy is added to 
 this Treaty, bearing the signatures and seals of the 
 undersigned plenipotentiaries. And, in order to 
 preclude all difficulty in tracing upon the ground 
 the limit separating Upper from Lower California, 
 it is agi'eed that the said limit shall consist of a 
 straight line drawn from the middle of the Eio 
 Gila, where it unites with the Colorado, to a point 
 on the coast of the Pacific Ocean distant one 
 marine league due south of the southernmost 
 point of the port of San Diego, according to the 
 plan of said port made in the year 1783 by Don 
 Juan Pantoja, second sailing-master of the Span- 
 ish fleet, and publisliod at Madrid in tlie year 
 1802, in the Atlas to the voyage of the schooners 
 Sutil and Mexicana, of which plan a copy is here- 
 unto added, signed and sealed by tlie respective 
 plenipotentiaries.
 
 503 TREATY OF GUADALUPE HIDALGO. Art. VI 
 
 In order to designate the boundary line with 
 due precision, upon authoritative maps, and to es- 
 tablish upon the ground landmarks which shall 
 show the limits of both republics, as described in 
 the present article, the two governments shall each 
 appoint a commissioner and a surveyor, who, be- 
 fore the expiration of one year from the date of 
 the exchange of ratifications of this treaty, shall 
 meet at the port of San Diego, and proceed to run 
 and mark the said boundary in its whole course 
 to the mouth of the Eio Bravo del Norte. They 
 shall keep journals and make out plans of their 
 operations; and the result agreed upon by them 
 shall be deemed a part of this Treaty, and shall 
 have the same force as if it were inserted therein. 
 The two governments will amicably agree regard- 
 ing what may be necessary to these persons, and 
 also as to their respective escorts, should such be 
 necessary. 
 
 The boundary line established by this article 
 shall be religiously respected by each of the two 
 republics, and no change shall ever be made there- 
 in, except by the express and free consent of both 
 nations, lawfully given by the general government 
 of each, in conformity with its own constitution. 
 
 ARTICLE VI. 
 
 The vessels and citizens of the United States 
 shall, in all time, have a free and uninterrupted 
 passage by the Gulf of California, and by the
 
 Art. Vll TREATY OF GUADALUPE HIDALGO. 504 
 
 river Colorado below its confluence with the Gila, 
 to and from their possessions situated north of 
 the boundary line defined in the preceding article; 
 it being understood that this passage is to be by 
 navigating the Gulf of California and the river 
 Colorado, and not by land, without the express 
 consent of the Mexican government. 
 
 If, by the examinations which may be made, it 
 should be ascertained to be practicable and ad- 
 vantageous to construct a road, canal, or railway, 
 which should in whole or part run upon the river 
 Gila, or upon its right or its left bank, within the 
 space of one marine league from either margin 
 of the river, the governments of both republics 
 will form an agreement regarding its construction, 
 in order that it may serve equally for the use and 
 advantage of both countries. 
 
 AKTICLE VII. 
 
 The river Gila, and the part of the TJio Bravo 
 del Norte lying below the southern boundary of 
 New Mexico being, agreeably to tlie fifth article, 
 divided in the middle between the two republics, 
 the navigation of the Gila and of tlie Bravo below 
 said boundary sliall be free and common to the 
 vessels and citizens of botli countries; and neither 
 shall, without tlie consc^nt of the otlicr, construct 
 any work that may impede or interrupt, in wliolc 
 or in part, the exercise of this right; not even for 
 the pui})ose of favoring new mctliods of naviga-
 
 505 TREATY OF GUADALUPE HIDALGO. Art. VIII 
 
 tion. Xor shall any tax or contribution, under 
 any denomination or title, be levied upon vessels 
 or persons navigating the same, or upon merchan- 
 dise or effects transported thereon, except in the 
 case of landing upon one of their shores. If, for 
 the purpose of making the said rivers navigable, 
 or for maintaining them in such state, it should 
 be necessary or advantageous to establish any tax 
 or contribution, this shall not be done without the 
 consent of both governments. 
 
 The stipulations contained in the present article 
 shall not impair the territorial rights of either 
 republic withm its established limits. 
 
 ARTICLE VIII. 
 
 Mexicans now established in territories pre- 
 viously belonging to Mexico, and which remain 
 for the future within the limits of the United 
 States, as defined by the present Treaty, shall be 
 free to continue where they now reside, or to re- 
 move at any time to the Mexican Eepublic, re- 
 taining the property which they possess in the said 
 territories, or disposing thereof, and removing the 
 proceeds wherever they please, without their be- 
 ing subjected, on this account, to any contribu- 
 tion, tax, or charge whatever. 
 
 Those who shall prefer to remain in the said 
 territories, may either retain the title and rights 
 of Mexican citizens, or acquire those of citizens of 
 the United States. But they shall be under the 
 
 Constitution— 43
 
 Art. IX TREATY OF GUADAI,TJPE HIDALGO. 506 
 
 obligation to make their election within one year 
 from the date of the exchange of ratifications of 
 this Treaty; and tliose who shall remain in the 
 said territories after the expiration of that year, 
 without having declared their intention to retain 
 the character of Mexicans, shall be considered to 
 have elected to become citizens of the United 
 States. 
 
 In the said territories, property of every kind, 
 now belonging to Mexicans not established there, 
 shall be inviolably respected. The present own- 
 ers, the heirs of these, and all Mexicans who may 
 hereafter acquire said property by contract, shall 
 enjoy, with respect to it, guarantees equally ample 
 as if the same belonged to citizens of the United 
 States. 
 
 ARTICLE IX. 
 
 The Mexicans who, in the territories aforesaid, 
 shall not preserve the character of citizens of the 
 Mexican Republic, conformably with what is stip- 
 ulated in the preceding article, shall be incorpo- 
 rated into the Union of the United States and be 
 admitted at the proper time (to be judged of by 
 the Congress of the United States) to the enjoy- 
 ment of all the rights of citizens of the United 
 States according to the principles of the constitu- 
 tion; and in the mean time shall be maintained 
 and protected in tlie free enjoyment of their lib- 
 erty and property, and secured in the free exercise 
 of their religion without restriction.
 
 507 TBEATr OF GUADALUPE HIDALGO. ArtS. X, XI 
 
 AETICLE X. 
 [Stricken out.] 
 
 AETICLE XL 
 
 Considering that a great part of the territories 
 which, by the present treaty, are to be compre- 
 hended for the future within the limits of the 
 United States, is now occupied by savage tribes, 
 who will hereafter be under the exclusive control 
 of the government of the United States, and whose 
 incursions within the territory of Mexico would 
 be prejudicial in the extreme, it is solemnly agreed 
 that all such incursions shall be forcibly restrained 
 by the government of the United States whenso- 
 ever this may be necessary; and that, when they 
 cannot be prevented, they shall be punished by 
 the said government, and satisfaction for the same 
 shall be exacted — all in the same way, and with 
 equal diligence and energy, as if the same incur- 
 sions were meditated or committed within its own 
 territory against its own citizens. 
 
 It shall not be lawful, under any pretext what- 
 ever, for any inhabitant of the United States to 
 purchase or acquire any Mexican, or any foreigner 
 residing in Mexico, who may have been captured 
 by Indians inhabiting the territory of either of 
 the two republics, nor to purchase or acquire 
 horses, mules, cattle, or property of any kind, 
 stolen within Mexican territory by such Indians.
 
 Art. XI TREATY OF GUADALIXrE HIDALGO. 508 
 
 And in the event of any person or persons, cap- 
 tured within Mexican territory by Indians, being 
 carried into the territory' of the United States, 
 the government of the latter engages and binds it- 
 self in the most solemn manner, so soon as it 
 shall know of such captives being within its ter- 
 ritorv', and shall be able so to do, through the 
 faithful exercise of its influence and power, to 
 rescue them, and return them to their country, 
 or deliver them to the agent or representative of 
 the llexican government. The j\Iexican author- 
 ities will, as far as practicable, give to the govern- 
 ment of the United States notice of such captures; 
 and its agent shall pay the expenses incurred in 
 the maintenance and transmission of the rescued 
 captives; who, in the mean time, shall be treated 
 with the utmost hospitality by the American au- 
 thorities at the place where they may be. But 
 if the government of tlie United States, before 
 receiving such notice from Mexico, should obtain 
 intelligence, tlirough any other channel, of the 
 existence of Mexican captives within its territory, 
 it will proceed fortbwitli to effect tbeir release 
 and delivery to the Mexican agent as above stipu- 
 lated. 
 
 For the purpose of giving to these stipulations 
 the fullest possible ellicacy, thereby all'ording the 
 security and redress demanded by their true spirit 
 and intent, the government of the United States 
 will now and hereafter pass, without unnecessary
 
 D09 TREATY OF GUADALUPE HIDALGO. Art. XII 
 
 delay, and always vigilantly enforce, such laws 
 as the nature of the subject may require. And 
 finally, the sacredness of this obligation shall 
 never be lost sight of by the said government 
 when providing for the removal of the Indians 
 from any portion of the said territories, or for 
 its being settled by citizens of the United States; 
 but on the contrary, special care shall then be 
 taken not to place its Indian occupants under the 
 necessity of seeking new homes, by committing 
 those invasions which the United States have 
 solemnly obliged themselves to restrain. 
 
 ARTICLE XII. 
 
 In consideration of the extension acquired by 
 the boundaries of the United States, as defined in 
 the fifth article of the present Treaty, the govern- 
 ment of the United States engages to pay to that 
 of the Mexican Republic the sum of fifteen mil- 
 lions of dollars. 
 
 Immediately after this Treaty shall have been 
 duly ratified by the government of the Mexican 
 Republic, the sum of three millions of dollars 
 shall be paid to the said government by that of the 
 United States, at the city of Mexico, in the gold 
 or silver coin of Mexico. The remaining twelve 
 millions of dollars shall be paid at the same 
 place, and in the same coin, in annual install- 
 nients of three millions of dollars each, together 
 with interest on the same at the rate of six per
 
 Arts. XIII, XIV TREATY OF GUADALUPE HIDALGO, 510 
 
 centum per annum. This interest shall begin to 
 run upon the whole sum of twelve millions from 
 the day of the ratification of the present Treaty 
 by the Mexican government, and the first of the 
 installments shall be paid at the expiration of one 
 year from the same day. Together with each an- 
 nual installment, as it falls due, the whole in- 
 terest accruing on such installment from the be- 
 ginning shall also be paid. 
 
 ARTICLE XIII. 
 
 The United States engage, moreover, to assume 
 and pay to the claimants all the amounts now 
 due them, and those hereafter to become due, by 
 reason of the claims already liquidated, and de- 
 cided against the Mexican Republic, under the con- 
 ventions between the' two republics severally con- 
 cluded on the eleventh day of April, eighteen hun- 
 dred and thirty-nine, and on the thirtieth day of 
 January, eighteen hundred and forty-three; so 
 that the Mexican Republic shall be absolutely 
 .exempt for the future from all expense whatever 
 on account of the said claims. 
 
 ARTICLE XIV. 
 
 The United States do furthermore discharge 
 the ^Mexican Republic from all claims of citizens 
 of the United States, not heretofore decided 
 against the Mexican government, which may have
 
 511 TREATY OF OTJADALUPE HIDALGO. Art. XV 
 
 arisen previously to the date of the signature of 
 this Treaty; which discharge shall be final and 
 perpetual, whether the said claims be rejected or 
 be allowed by the board of commissioners pro- 
 vided for in the following article, and whatever 
 shall be the total amount of those allowed. 
 
 AETICLE XV. 
 
 The United States, exonerating Mexico from 
 all demands on account of the claims of their 
 citizens mentioned in the preceding article, and 
 considering them entirely and for ever cancelled, 
 whatever their amount may be, undertake to make 
 satisfaction for the same, to an amount not ex- 
 ceeding three and one quarter millions of dol- 
 lars. To ascertain the validity and amount of 
 those claims, a board of commissioners shall be 
 established by the government of the United 
 States, whose aM^ards shall be final and conclusive ; 
 provided that, in deciding upon the validity of 
 each claim, the board shall be guided and gov- 
 erned by the principles and rules of decision pre- 
 scribed by the first and fifth articles of the un- 
 ratified convention, concluded at the city of Mexi- 
 co on the twentieth day of November, one thou- 
 sand eight hundred and forty-three; and in no 
 case shall an award be made in favor of any claim 
 not embraced by these principles and rules. 
 
 If, in the opinion of the said board of commis- 
 sioners, or of the claimants, any books, records,
 
 Art. XVI TREATY OF GUADALUPE HIDALGO. 512 
 
 or documents in the possession or power of the 
 government of the Mexican Eepublic, shall be 
 deemed necessary to the just decision of any claim, 
 the commissioners, or the claimants through them, 
 shall, within such period as Congress may desig- 
 nate, make an application in writing for the same, 
 addressed to the Mexican Minister for Foreign 
 Affairs, to be transmitted by the Secretary of 
 State of the United States; and the Mexican gov- 
 ernment engages, at the earliest possible moment 
 after the receipt of such demand, to cause any 
 of the books, records, or documents, so specified, 
 which shall be in their possession or power- (or 
 autlienticated copies or extracts of the same), to 
 be transmitted to the said Secretary of State, 
 who shall immediately deliver them over to the 
 said board of commissioners; provided, that no 
 such application shall be made by, or at the in- 
 stance of, any claimant, until the facts which 
 it is expected to prove by such books, records, 
 or documents, shall have been stated under oath 
 or aHirmation. 
 
 AETICLE XYI. 
 
 Each of the contracting parties reserves to it- 
 self the entire right to fortify whatever point with- 
 in its territory it may judge proper so to fortify, 
 for its security.
 
 G13 TREATl' OF GUADALUPE HIDALGO. Al'tS. XVII, XVIII 
 
 ARTICLE XVII. 
 
 The Treaty of amity, commerce, and naviga- 
 tion, concluded at the city of Mexico on the fifth 
 day of April, A. D. 1831, between the United 
 States of America and the United Mexican States, 
 except the additional article, and except so far 
 as the stipulations of the said Treaty may be 
 incompatible with any stipulation contained in 
 the present Treaty, is hereby revived for the 
 period of eight years from the day of the ex- 
 change of ratifications of this Treaty, with the 
 same force and virtue as if incorporated therein ; 
 it being understood that each of the contracting 
 parties reserves to itself the right, at any time 
 after the said period of eight years shall have ex- 
 pired, to terminate the same by giving one year's 
 notice of such intention to the other party. 
 
 ARTICLE XVIIL 
 
 All supplies whatever for troops of the United 
 States in Mexico, arriving at ports in the oc- 
 cupation of such troops previous to the final 
 evacuation thereof, although subsequently to the 
 restoration of the custom-houses at such ports, 
 shall be entirely exempt from duties and charges 
 of any kind; the government of the United States 
 hereby engaging and pledging its faith to estab- 
 lish, and vigilantly to enforce all possible guards 
 for securing the revenue of Mexico, by preventing
 
 Art. XIX TREATY OF GUADALUPE HIDALGO. 514 
 
 the importation, under cover of this stipulation, 
 of any articles other than such, both in kind and 
 in quantity, as shall really be wanted for the use 
 and consumption of the forces of the United 
 States during the time they may remain in Mexi- 
 co. To this end, it shall be the duty of all of- 
 ficers and agents of the United States to denounce 
 to the Mexican authorities at the respective ports 
 any attempts at a fraudulent abuse of this stipu- 
 lation which they may know of or may have rea- 
 son to suspect, and to give to such authorities all 
 the aid in their power with regard thereto; and 
 every such attempt, when duly proved and es- 
 tablished by sentence of a competent tribunal, 
 shall be punished by the confiscation of the prop- 
 erty so attempted to be fraudulently introduced. 
 
 AETICLE XIX. 
 
 With respect to all merchandise, effects, and 
 property whatsoever, imported into ports of Mexi- 
 co whilst in the occupation of the forces of the 
 United States, whether by citizens of either re- 
 public, or by citizens or subjects of any neutral 
 nation, the following rules shall be observed: 
 
 1. All such merchandise, effects, and property, 
 if imported previously to the restoration of the 
 custom-houses to the Mexican authorities, as stipu- 
 lated for in the third article of this Treaty, shall 
 be exempt from confiscation, although the im- 
 portation of the same be prohibited by the Mexi- 
 can tariff.
 
 515 TREATY OF GUADALUPE HIDALGO. Art. XIX 
 
 2. The same perfect exemption shall be enjoyed 
 by all such merchandise, effects, and property, im- 
 ported subsequently to the restoration of the cus- 
 tom-houses, and previously to the sixty days fixed 
 in the following article for the coming into force 
 of the Mexican tariff at such ports respectively; 
 the said merchandise, effects, and property being, 
 however, at the time of their importation, subject 
 to the pajonent of duties, as provided for iu the 
 said following article. 
 
 3. All merchandise, effects, and property de- 
 scribed in the two rules foregoing shall, during 
 their continuance at the place of importation, and 
 vipon their leaving such place for the interior, be 
 exempt from all duty, tax, or impost of every 
 kind, under whatsoever title or denomination. 
 Nor shall they be there subjected to any charge 
 whatsoever upon the sale thereof. 
 
 4. All merchandise, effects, and property de- 
 scribed in the first and second rules, which shall 
 have been removed to any place in the interior 
 whilst such place was in the occupation of the 
 forces of the United States, shall, during their 
 continuance therein, be exempt from all tax upon 
 the sale or consumption thereof, and from every 
 kind of impost or contribution, under whatsoever 
 title or denomination. 
 
 5. But if any merchandise, effects, or propert>^ 
 described in the first and second rules, shall be 
 removed to any place not occupied at the time by
 
 Art. XX TREATY OF GTTADALVPE HIDALGO. 51(> 
 
 the forces of the United States, they shall, upon 
 their introduction into snch place, or upon their 
 sale or consumption there, be subject to the same 
 duties which, under the Mexican laws, they would 
 be required to pay in such cases if they had been 
 imported in time of peace, through the maritime 
 custom-houses, and had there paid the duties con- 
 formably with the Mexican tariff. 
 
 6. The owners of all merchandise, effects, or 
 property described in the first and second rules, 
 and existing in any port of Mexico, shall have 
 the right to reship the same, exempt from all 
 tax, impost, or contribution whatever. 
 
 With respect to the metals, or other property, 
 exported from any Mexican port whilst in the oc- 
 cupation of the forces of the United States, and 
 previously to the restoration of the custom-house 
 at such port, no person shall be required by the 
 Mexican authorities, whether general or state, to 
 pay any tax, duty, or contribution upon any such 
 exportation, or in any manner to account for the 
 same to the said authorities. 
 
 ARTICLE XX. 
 
 Through consideration for the interests of com- 
 merce generally, it is agreed, that if less than 
 sixty days should elapse between the date of the 
 eignature of this Treaty and the restoration of 
 the custom-houses conformably with the stipula- 
 tion in the third article, in such case all mer-
 
 517 TREATY OF GUADALrPE HIDALGO. Art. XXI 
 
 chandise, effects,, and property whatsoever, arriv- 
 ing at the Mexican ports after the restoration of 
 the said custom-houses, and previously to the ex- 
 piration of sixt\' days after the day of the signa- 
 ture of this Treaty, shall he admitted to entry; 
 and no other duties shall he levied thereon than 
 the duties established by the tariff found in force 
 at such custom-houses at the time of the restora- 
 tion of the same. And to all such merchandise, 
 effects, and property', the rules established by the 
 preceding article shall apply. 
 
 ARTICLE XXI. 
 
 If unhappily any disagreement should here- 
 after arise between the governments of the two 
 republics, whether with respect to the interpreta- 
 tion of any stipulation in this Treaty, or with 
 lespect to any other particular concerning the 
 political or commercial relations of the two na- 
 tions, the said governments, in the name of those 
 nations, do promise to each other that they will 
 endeavor, in the most sincere and earnest man- 
 ner, to settle the differences so arising, and to 
 preserve the state of peace and friendship in which 
 the two countries are now placing themselves; 
 using, for this end, mutual representations and 
 pacific negotiations. And if, by these means, they 
 should not be enabled to come to an agreement, a 
 resort shall not, on this account, be had to re- 
 prisals, aggression, or hostility of any kind, by the 
 
 Constitution— 44
 
 Art. XXII TREATY OF GUADALUPE HIDALGO. 518 
 
 one republic against the other, until the govern- 
 ment of that which deems itself aggrieved shall 
 have maturely considered, in the spirit of peace 
 and good neighborship, whether it would not be 
 better that such difference should be settled by 
 the arbitration of commissioners appointed on 
 each side, or by that of a friendly nation. And 
 should such course be proposed by either party, 
 it shall be acceded to by the other, unless deemed 
 by it altogether incompatible with the nature of 
 the difference, or the circumstances of the case. 
 
 AKTICLE XXII. 
 
 If (which is not to be expected, and which 
 God forbid!) war should unhappily break out 
 between the two republics, they do now, with a 
 view to such calamity, solemnly pledge themselves 
 to each other and to the world, to observe the fol- 
 lowing rules, absolutely, where the nature of the 
 subject permits, and as closely as possible in all 
 cases wliere such absolute observance shall be 
 impossible. 
 
 1, The morchnnts of either republic then re- 
 siding in the other shall be aRowed to remain 
 twelve months (for those dwelling in the interior), 
 and six months (for those dwelling at the sea- 
 ports), to collect their debts and settle their 
 affairs ; during which periods, they shall enjoy the 
 same protection, and be on the same footing, in
 
 519 TREATY OF GUADALUPE HIDALGO. Art. XXII 
 
 all respects, as the citizens or subjects of the most 
 friendly nations; and, at the expiration thereof, 
 or at any time before, they shall have full liberty 
 to depart, carrying off all their effects without 
 molestation or hindrance : conforming therein to 
 the same laws which the citizens or subjects of 
 the most friendly nations are required to conform 
 to. Upon the entrance of the armies of either 
 nation into the territories of the other, women and 
 children, ecclesiastics, scholars of every faculty, 
 cultivators of the earth, merchants, artisans, manu- 
 facturers, and fishermen, unarmed and inhabiting 
 unfortified towns, villages, or places, and in gen- 
 eral all persons whose occupations are for the com- 
 mon subsistence and benefit of mankind, shall be 
 allowed to continue their respective employments 
 unmolested in their persons. ISTor shall their 
 houses or goods be burnt or otherwise destroyed, 
 nor their cattle taken, nor their fields wasted, by 
 the armed force into whose power, by the events of 
 war, they may happen to fall ; but if the necessity 
 arise to take anything from them for the use of 
 such armed force, the same shall be paid for at 
 an equitable price. All churches, hospitals, 
 schools, colleges, libraries, and other establish- 
 ments, for charitable and beneficent purposes, 
 shall be respected, and all persons connected with 
 the same protected in the discharge of their duties 
 and the pursuit of their vocations.
 
 Art. XXII TKEATY OF GUADALUPE HIDALGO. 520 
 
 2. In order that the fate of prisoners of war 
 may be alleviated, all such practices as those of 
 sending them into distant, inclement, or unwhole- 
 some districts, or crowding them into close and 
 noxious places, shall be studiously avoided. They 
 shall not be confined in dungeons, prison-ships, or 
 prisons; nor be put in irons, or bound, or other- 
 wise restrained in the use of their limbs. The 
 officers shall enjoy liberty on their paroles, with- 
 in convenient districts, and have comfortable 
 quarters; and the common soldiers shall be dis- 
 posed in cantonments, open and extensive enough 
 for air and exercise, and lodged in barracks as 
 roomy and good as are provided by the party in 
 whose power they are, for its own troops. But if 
 any officer shall break his parole by leaving the 
 district so assigned him, or any other prisoner 
 shall escape from the limits of his cantonment, 
 after they shall have been designated to him, 
 such individuals, officer, or other prisoner, shall 
 forfeit so much of the benefit of this article as 
 provides for his liberty on parole or in canton- 
 ment. And if any ofiicor so breaking his parole, 
 or any common soldier so escaping from the limits 
 assigned him, shall afterwards be found in anns, 
 previously to liis being regularly exchanged, the 
 person so ofi'eiuling shall be dealt with according 
 to the establislied laws of war. The officers shall 
 be daily furnished by tlic party in whose power 
 they arc, Avitli as many rations, and of the same
 
 521 TREATY OF GUADALUPE HIDALGO. Art. XXII 
 
 articles, as are allowed, either in kind or by com- 
 mutation, to officers of equal rank in its own army ; 
 and all others shall be daily furnished with such 
 ration as is allowed to a common soldier in its 
 own service : the value of all which supplies shall, 
 at the close of the war, or at periods to be agreed 
 upon between the respective commanders, be paid 
 by the other party, on a mutual adjustment of 
 accounts for the subsistence of prisoners ; and such 
 accounts shall not be mingled with or set off 
 against any others, nor the balance due on them 
 be withheld, as a compensation or reprisal for 
 any cause Avhatever, real or pretended. Each 
 party shall be allowed to keep a commissary of 
 prisoners, appointed by itself, with every canton- 
 ment of prisoners, in possession of the other; 
 which commissary shall see the prisoners as often 
 as he pleases; shall be allowed to receive, exempt 
 from all duties or taxes, and to distribute, what- 
 ever comforts may be sent to them by their 
 friends; and shall be free to transmit his reports 
 in open letters to the party by whom he is em- 
 ployed. 
 
 And it is declared that neither the pretence 
 that war dissolves all treaties, nor any other what- 
 ever, shall be considered as annulling or suspend- 
 ing the solemn covenant contained in this article. 
 On the contrary, the state of war is precisely that 
 for which it is provided; and during which its 
 stipulations are to be as sacredly observed as the
 
 Art. XXIII TREATY OF GUADALUPE HIDALGO. 522 
 
 most acknowledged obligations under the law of 
 nature or nations, 
 
 AETICLE XXIII. 
 
 This treaty shall be ratified by the President of 
 the United States of America, by and with the 
 advice and consent of the Senate thereof; and 
 by the President of the Mexican Eepublic, with 
 the previous approbation of its General Congress; 
 and the ratifications shall be exchanged in the 
 city of Washington, or at the seat of government 
 of Mexico, in four months from the date of the 
 signature hereof, or sooner if practicable. 
 
 In faith whereof, we, the respective plenipoten- 
 tiaries, have signed this treaty of peace, friend- 
 ship, limits, and settlement; and have hereunto 
 affixed our seals respectively. Done in quintupli- 
 cate, at the city of Guadalupe Hidalgo, on the 
 second day of February, in the year of our Lord 
 one thousand eight hundred and forty-eight. 
 N. P. TEIST, [L. s.] 
 
 LUIS G. CUEVAS, [l. s.] 
 BEEXARDO COT^TO, [l. s.] 
 MIGL. ATRISTAX. [l. s.] 
 
 And whereas the said treaty, as amended, has 
 been duly ratified on botli parts, and the respec- 
 tive ratifications of the same were exchanged at 
 Queretaro on the tliiriiclh day of May last, by 
 Ambrose H. Sevier and Xathan ClilTbrd, Com-
 
 523 TREATY OF GUADALUPE HIDALGO. 
 
 mi ssi oners on tlie part of the Government of the 
 United States, and by Senor Don Louis de la 
 Rosa, Minister of Relations of the Mexican Re- 
 public, on the part of that Government: 
 
 Now, therefore, be it known, that I, James K. 
 Polk, President of the United States of America, 
 have caused the said Treaty to be made public, 
 to the end that the same and every clause and ar- 
 ticle thereof may be observed and fulfilled with 
 good faith by the United States and the citizens 
 thereof. 
 
 lu witness whereof, I have hereunto set my 
 hand and caused the seal of the United States to 
 be affixed. 
 
 Done at the city of Washington, this fourth day 
 of July, one thousand eight hundred and forty- 
 eight, and of the Independence of the United 
 States the seventy-third. 
 
 [L. s.] JAMES K. POLK. 
 
 By the President: 
 
 James Buchanan, 
 
 Secretary of State.
 
 TREATY OF GUADALUrE HIDALGO. 524 
 
 AETICLES EEFEREED TO IX THE FIF- 
 TEEXTH AETICLE OF THE PEECED- 
 IXG TEEATY. 
 
 First and Fifth Articles of the unratified Con- 
 vention hetwecn the United States and the 
 Mexican Republic of the 20th Nov. 1843. 
 
 AETICLE I. 
 
 All claims of citizens of the Mexican Eepnblic 
 against the government of the United States, 
 which shall he presented in the manner and time 
 hereinafter expressed, and all claims of citizens 
 of the United States against the government of 
 the Mexican Eepnblic, which for whatever cause 
 were not submitted to, nor considered nor finally 
 decided by, the commission, nor by the arbiter ap- 
 pointed by the convention of 1839, and which 
 shall be presented in the manner and time here- 
 inafter specified, shall be referred to four com- 
 missioners, who shall form a board, and shall be 
 appointed in the following manner, that is to 
 say: Two commissioners shall be appointed by 
 the President of the Mexican Eepublic, and the 
 other two by the President of the United States, 
 with the approbation and consent of the senate. 
 The said commissioners, thus appointed, shall, 
 in presence of each oilier, take an oath to ex- 
 amine and decide impartially the claims submitted 
 to them, and wliich may lawfully be considered,
 
 525 TREATY OF GUADALUPE HIDALGO. 
 
 according to the proofs which shall be presented, 
 the principles of right and justice, the law of na- 
 tions, and the treaties between the two republics. 
 
 AETICLE V. ^ 
 
 All claims of citizens of the United States 
 against the government of the Mexican Eepublic, 
 which were considered by the commissioners, and 
 referred to the imipire appointed under the con- 
 vention of the eleventh April, 1839, and which 
 were not decided by him, shall be referred to, 
 and decided by, the umpire to be appointed, as 
 provided by this convention, on the points sub- 
 mitted to the umpire under the late convention, 
 and his decision shall be final and conclusive. It 
 is also agreed, that, if the respective commission- 
 ers shall deem it expedient, they may submit to 
 the said arbiter new arguments upon the said 
 claims.
 
 INDKX 
 
 TO THE 
 
 Constitution of the United States 
 
 [The References are to Article or Amendment, 
 Section, and Subdivision Tliereof.] 
 
 ACCOUNTS OF PUBLIC MONEY— to be published. 
 
 Art. 1, Sec. 9, Subd. 7. 
 ADJOURNMENT— of House, for want of a quorum, 
 1, 5, 1. 
 restriction on power of, 1, 5, 4. 
 when President may adjourn Congress, 2, 3. 
 ADMIRALTY AND MARITIME JURISDICTION— 
 
 3, 2. 
 ADOPTION— of confederation debts and obligations, 
 
 6, 1. 
 AFFIRMATION— see Oath. 
 ALLIANCE— no State shall enter into treaty of, 1, 
 
 10, 1. 
 AMBASSADORS— President may appoint, 2, 2, 2. 
 
 judicial power extends to, 3, 2, 1. 
 AMENDMENJ'S — when Congress sliall propose, 5. 
 to be ratified by three-fourths of the States, 5. 
 APPELLATE JURISDICTION— of Supreme Court, 
 
 3, 2, 2. 
 APPORTIONMENT— of representation and direct 
 taxation, 1, 2, 3. Repealed— Am. 14, 2. 
 of Representatives among the several States, 
 Am. 14, 2. 
 
 (527)
 
 528 INDEX TO U. S. CONSTITUTION. 
 
 APPROPRIATE LEGISLATION— power of Con- 
 gvess. Art. 1, Sec. 8, Subd. 18. 
 enforcement of Tliirteenth Amendment, 13, 2. 
 enforcement of Fourteenth Amendment, 14, 5. 
 enforcement of Fifteenth Amendment, 15, 2. 
 APPROPRIATION— for army, limited to two years, 
 1, 8, 12. 
 money not to be drawn but in consequence of, 
 1, 9, 7. 
 ARMIES— appropriations limited to two years, 1, S, 
 12. 
 Congress to mal^e rules for government of, 1, 8, 
 14. 
 ARMS— right of people to bear, 2. 
 ARREST— privilege of members from. 1, 6, 1. 
 ARSENALS— exclusive authority of Congress, 1, 8, 
 
 17. 
 ARTS— Congress to promote, 1, 8, 8. 
 ATTAINDER— Congress cannot pass bill of, 1, 9, 3. 
 State shall not pass bill of, 1, 10, 1. 
 of treason, not to worli corruption of blood, 3, 
 3, 2. 
 AUTHORS AND INVENTORS— Congress to secure 
 rights of, 1, 8, 8. 
 
 BAITi — excessive not to be required. Am. 8. 
 BALLOT— electors to vote by. Am. 12. 
 
 when House to choose President by, Am. 12. 
 BANKRUPTCIES— Congress to pass uniform laws 
 
 on, 1, 8. 4. 
 BASIS OF REPRESENTATION— Am. 14. 2. 
 BILL OF ATTAINDER— Congress cannot pass, 1, 9, 
 3. 
 States sliall not pass, 1, 10. 1. 
 BILLS OF CREDIT— States sli;ill not emit. 1, 10. 1. 
 BILLS— for raising revenue to originate in House, 1, 
 7, 1. 
 on pnssage of both Houses to be presented to 
 
 President, 1. 7, 2. 
 power of I*resident to sign or disapprove them, 
 
 1, 7, 2. 
 two-tliirds of each House mav i)ass over his veto, 
 
 1, 7. 2. 
 not returned by President within ten days bo- 
 come law, unless, etc., 1, 7, 2.
 
 INDEX TO U. S. CONSTITUTION. 529 
 
 BOUNTIES— debt for, not to be questioned, Am. 14, 
 
 Sec. 4. 
 BREACH OF PP^ACE— no privilege from arrest for. 
 
 1, 6, 1. 
 
 BRIBEIIY— all officers lia))le to impeachment for, 2, 
 4. 
 
 CAPITATION TAX— laid in proportion to the cen- 
 sus, 1, 9, 4. 
 CAPTURES— Congress to make rules for, 1. 8, 11. 
 CENSUS— of people, when to be taken, 1, 2, 3. 
 
 capitation tax in proportion to, 1, 9, 4. 
 CHIEF JUSTICE- to preside on impeachment of 
 
 President, 1, 3, 6. 
 CITIZEN— who eligible as President, 2, 1, 4. 
 who ehgible as Senator, 1, 3, 3. 
 who eligible as Representative, 1, 2, 1. 
 privileges and immunities of, 4, 2, 1. 
 who are citizens. Am. 14, 1. 
 privileges or immunities not to be abridged. Am. 
 
 14, 1. 
 not to be deprived of life, liberty, or property 
 
 without dvie process of law, Am. 14, 1. 
 equal protection of laws not to be denied, Aia. 
 14, 1. 
 CLASSIFICATION OF SENATORS— into three 
 
 commander' IN CHIEF- of Army and Navy, 2. 
 
 2, 1. 
 
 COMMERCE- Congress shall have power to regu- 
 late, 1, 8, 3. 
 no preference to be given between ports of 
 States, 1, 9, 6. 
 COMPACT— States not to enter into, 1, 10, 3. 
 COMPENSATION— of President, 2, 1, 6. 
 
 of Senators and Representatives. 1. 6. 1. 
 of .Tudges of Supreme and Superior Courts, 3, 1. 
 private property not to be taken without mak- 
 ing, Am. 5. 
 COMPULSORY PROCESS— accused to have. Am. <3. 
 CONFEDERATION— State not to enter into, 1, 10, 1. 
 
 debts of original assumed, 6. 
 CONGRESS— legislative powers vested in, 1, 1. 
 . of what to consist, 1, 1. 
 to assemble at least once a year, 1, 4, 2. 
 Constitution — 45
 
 530 IKDEX TO U. S. CONSTITUTION. 
 
 CONGRESS— may alter regulations for election of 
 members, Art. 1, Sec. 4, Subd. 1. 
 
 each House to judge of qualifications of its mem- 
 bers, 1, 5, 1. 
 
 majority of each House a quorum, 1, 5, 1. 
 
 less number may adjourn, 1, 5, 1. 
 
 each House to determine rules of its proceed- 
 ings, 1, 5, 2. 
 
 two-thirds may expel a member, 1, 5, 2. 
 
 each House to keep journal of proceedings, 1, 5, 
 3. 
 
 restriction on power to adjourn, 1, 5, 4. 
 
 compensation of members, 1, G, 1. 
 • members privileged from arrest, except, 1, G, 1. 
 
 ineligible to offices created during term of ser- 
 vice, 1, G, 2. 
 
 who ineligible, 1, 6, 2. 
 
 bills for raising revenue to originate in House, I, 
 7, 1. 
 
 proceedings on bill returned by President, 1, 7, 2. 
 
 power to lay and collect duties, etc., 1, 8, 1. 
 
 to borrow money on credit of United States, 1, 
 S, 2. 
 
 to regulate commerce, 1, 8, 3. 
 
 to establish rule of natin-alization, 1, 8, 4. 
 
 to establish uniform laws on subject of bank- 
 ruptcies, ], 8, 4. 
 
 to coin money and regtilate value of coin, 1, 8, .">. 
 
 to fix standards of weights and measures, 1, 8, o. 
 
 to punisli counterfeiting, 1, 8, 6. 
 
 to establish post-offices and post-roads, 1, 8, 7. 
 
 to promote progress of scienct> and art, 1, 8, 8. 
 
 to constitute inferior tribunals, 1, 8, !>. 
 
 to define and punish piracies, etc., 1, 8, 10. 
 
 to punish offenses against law of nations, ], S, 
 10. 
 
 to declare war, 1. 8, 11. 
 
 to grant letters of manpie and rejirisal, 1. 8, 11. 
 
 to make rules concerning captnn^s, 1, 8, 11. 
 
 to I'aise and sui)i)ort armi(>s, 1, 8, 12. 
 
 rest I'icl ion on ai)propriations, 1, 8, 12. 
 
 to provide and maintain a Navy. 1, 8, 13. 
 
 to make ruh>s for Army and Navy, 1, 8, 14. 
 
 to call out militia in case of nec»»ssity, 1, 8, 15.
 
 INDEX TO U. S. CONSTITUTION. 531 
 
 CONGRESS— to provide for organizing, etc., militia, 
 xirt. 1, Sec. S, Subd. IG. 
 to legislate over District of Columbia, and over 
 
 forts, magazines, etc., 1, 8, 17. 
 to make all laws necessary to carry out the pow-' 
 
 ers of Government, 1, 8, 18. 
 may determine time of choosing Presidential 
 
 electors, 2, 1, 3. 
 may admit new States into the Union, 4, 3, 1. 
 may make needful rules for the territory of the 
 
 United States, 4, 3, 2. 
 two-thirds may propose amendments. 5. 
 who disqualified as members. Am. 14, 3. 
 disqualifications may be removed, Am. 14, 3. 
 may enforce Thirteenth Amendment, Am. 13, 2. 
 may enforce Fourteenth Amendment, Am. 14, 5. 
 may enforce Fifteenth Amendment, Am. 15, 2. 
 CONSENT— of Congress, required for otficial to re- 
 ceive present, etc., 1, 1), 8. 
 required for State to lay imposts, etc., 1, 10, 2. 
 or to lay duty on tonnage, 1, 10, 3. 
 or to enter into agreement or compact with 
 
 other State, 1, 10, 3. 
 or to engage in war, 1, 10, 3. 
 or to form new State within another State, 
 
 4, 3, 1. 
 or for the junction of States or parts of 
 States, 4, 3, 1. 
 neither House to adjourn without consent of 
 
 other, 1, 5, 4. 
 of Senate re(iuired in making treaty, 2, 22. 
 or in appointing Ambassadors, etc., 2, 2, 2. 
 CONTRACTS— State not to pass law violating obli- 
 gations of, 1, 10, 1. 
 CONVENTION— for proposing amendments how 
 
 called. 5. 
 COPYRIGHTS— Congress may provide for. 1. 8, 8. 
 COUNTERFEITING— Congress shall provide pun- 
 ishment for, 1, 8, 6. 
 COURTS— inferior may be constituted by Congress, 
 1, 8, 6. 
 judicial power vested in, 3, 1. 
 term of office of judges of, 3, 1.
 
 532 INDEX TO U. S. CONSTITUTION. 
 
 CREDIT— to be given to public acts and records, 
 
 Art. 4, Sec. 1. 
 GliniE— how person held to answer for, 5. 
 impeachment of civil officers for, 2, 4. 
 trial for to be by jury, 3, 2, 3. 
 place of trial for, 3, 2, 3. 
 prosecutions for, rights of accused, 6. 
 CRUEL OR UNUSUAL PUNISHMENTS PROHIB- 
 ITED— Am. 8. 
 
 DEBT OF UNITED STATES— not to be questioned, 
 Am. 14, 4. 
 Congress has power to pay, 1, 8, 1. 
 under prior confederation assumed, 6, 1. 
 DEBTS— incurred in aid of insurrection repudiated. 
 
 Am. 14, 4. 
 DPjFENSE— Constitution adopted to insure. Pream- 
 ble, 
 power of Congress to provide for, 1, 8, 1. 
 right of accused in criminal prosecutions. Am. 6. 
 DP]PARTMENTS— appointment of officers may bo 
 
 vested in, 2, 2, 2. 
 DIRECT TAX— how laid, 1, 9, 4. 
 how apportioned, 1, 2, 3. 
 
 [Repealed by 14th Amendment] 
 DISABILITY- -provisions in case of as to President, 
 etc., 2, 1, 5. 
 to hold office by engagement in rebellion. Am. 14, 
 
 3. 
 may be removed by Congress, Am. 34, 3. 
 DISQUALIFICATION— of Senator or Ui'piesenta- 
 tive for other office, 1, G, 2. 
 for membership of either House, 1, (>, 2. 
 by engaging in rebellion, Am. 14, 3. 
 DISTRICT OF COLUMBIA— Congress to exercise 
 
 exclusive legislation, 1, 8, 17. 
 DOCKYARDS— exclusive control of Congress, 1, S, 
 
 17. 
 DUE PROCESS OF LAW— per.sons not to be de- 
 prived of life, liberty, or property without. Am. 
 5. 
 State not to deprive of life, liberty, or property 
 without, Am. 14, 1.
 
 INDEX TO U. S. CONSTITUTION. 533 
 
 DUTIES OF PRESIDENT— when to devolve on 
 Vice-President, Art. 2, Sec. 1, Siibd. 5. 
 
 in case of disability of both, Congress shall de- 
 clare who shall act, 2, 1, 5. 
 DUTIES— imposts and excises, power of Congress to 
 lay, 1, 8, 1. 
 
 to be nniform throughout U. S., 1, 8, 1. 
 
 no duty or tax to be laid on exports from a 
 State, 1, 8, 1. 
 
 vessels clearing from one State not to pay in an- 
 other, 1, 9, 6. 
 
 no State to lay duty on imports or exports, 1, 
 10. 2. 
 
 if laid by consent of C^'ongress, net produce to be 
 for use of U. S., 1, 10. 2. 
 
 all such laws subject to control and revision of 
 Congress, 1, 10, 2. 
 DUTY ON TONNAGE— no State to lay without con- 
 sent of Congress, 1, 10, 3. 
 
 ELECTIONS— of executive. Congress may determine 
 
 day of, 2, 1, 3. 
 day to be the same throughout U. S., 2, 1, 3. 
 for Senators and Representatives, Legislatures 
 
 of States to prescribe, 1, 4, 1. 
 subject to alteration and regulation of Congress, 
 
 1," 4, 1. 
 each House to .judge of returns and qualifica- 
 tions of its members, 1, 5, 1. 
 ELECTORS— for President and Vice-President, each 
 
 State to appoint, 2, 1, 2. 
 number equal to Senators and Representatives, 
 
 2. 1, 2. 
 who not eligible, 2, 1, 2. 
 Congress may determine time of choosing and of 
 
 voting by, 2, 1, 3. 
 day to be the same throughout U. S., 2, 1, 3. 
 to meet and vote by ballot. Am. 12. 
 ballots for President and Vice-President to be 
 
 distinct, Am. 12. 
 one at least to be inhabitant of another State, 
 
 Am. 12. 
 distinct lists to be made. Am. 12. 
 to sign, certify, and transmit lists to President 
 
 of Senate, Am. 12.
 
 534 INDEX TO U. S. CONSTITUTION. 
 
 ELE('TORS-\vlio (lis(iualilu'd to ollioe of, Am. 14, 
 
 Sec. 3. 
 Congress may remove disal»ili(y. Am. 14, 3. 
 EMAN('J1?ATK)N— 01" slnve, claim for loss by illegal 
 
 and void, Am. 14, 4. 
 EMOIilllMKNTS— U. S. official not to accept from 
 
 foreign king, etc., 1, 9, 8. 
 ENUMlilllATlON— of inhabitants, when to be made, 
 
 1, -*. 3. 
 
 ratio of representation, 1, 2, 3. 
 of rights, not to disparage othei's retained, Am. 
 9. 
 EQUAL PROTECTION OF THE LAWS— no State 
 
 sliall (lenv. Am. 14, 1. 
 EQUAL SLFFKAtJE IN SENATE— secured to 
 
 States. 5. 
 EXCESSIVP] BAIL— sliall not be re(iuired. Am. 8. 
 EXCISES— power of Congress to lay and collect, 1, 
 
 8, 1. 
 
 to l)e nniform, 1, 8. L 
 EXCLUSIVE LECJISLATION— by Congress over 
 District of Columbia. 1. 8, 17. 
 over places ceded to United States. 1. 8, 17. 
 EXECUTIVE DEI'AUTMEXTS -heads of may be 
 vested with power to appoint inferior officers, 
 
 2, 2, 2. 
 
 EXECUTIVE OFFICEKS-to be bound by oath to 
 suppoi't the Constitution, (>. 3. 
 of States to be bound by oath. G. 3. 
 I'residcnt may reiiuire Avritten opinions of, 2, 2, 
 1. 
 EXIOCUTIVE POWER— vested In President. 2. 1. 1. 
 EXPENDITURES— of money to be published, 1, 9. 7. 
 EXPORTS- from State, no tax to be laid on. 1. 9. 5. 
 no Slate to lay duties on without consent of Con- 
 
 gr(>ss, 1. 19. 2. 
 if laid to be for use of Treasury. 1. 10. 2. 
 and be subject to revision of Congress. 1. 10, 2. 
 EX POST FACTO LAWS— shall not be passed, 1, 
 
 9, 3. 
 
 State not to pass, 1, 10. 1. 
 EXPULSION Ol' MEMBER— by concurrence of 
 two-tliir<ls. J, 5, 2.
 
 IXDEX TO U. S. CONSTITUTION. 535 
 
 FAITH AND CREDIT— to acts, records, and judicial 
 proceedings of the several States, Art. 4, Sec. 1. 
 
 FELONY— members of Congress not privileged from 
 arrest for, 1, G, 1. 
 on high seas, Congress shall have power to de- 
 fine and punish, 1, 8, 10. 
 
 FIXES— excessive not to be imposed. Am. 8. 
 
 FOREIGN COIN— Congress may regulate value of, 1, 
 8, 5. 
 
 FOREIGN NATIONS— Congress to regulate com- 
 merce with, 1, 8, 3. 
 
 FOREIGN POWERS— State prohibited from enter- 
 ing into compact with, 1, 10, 3. 
 
 FORFEITURE— not to extend beyond life of party 
 attainted, 3, 3, 2. 
 
 FORMATION OF NEW STATES— provisions for, 4, 
 3, 1. 
 
 FORM OF GOVERNMENT— States in Union to be 
 guaranteed republican, 4, 4. 
 States to be i>rotected from invasion and domes- 
 tic violence, 4, 4. 
 
 FORTS— exclusive legislation by Congress over sites, 
 1, 8, 17. 
 
 FREEDOM OF SPEECH AND OF THE PRESS— 
 guaranteed. Am. 1. 
 
 FUGITIVES— from justice to be delivered up, 4, 2, 
 2. 
 
 from service or labor to be delivered up, 4, 2, 3. 
 
 GENERAL WELFARE— purpose of Constitution to 
 
 secure. Preamble. 
 Congress shall have power to provide for, 1, 8, 1. 
 GEORGIA— Representatives in first Congress, 1, 2, 
 
 3. 
 GOLD AND SILVER COIN— restriction on States as 
 
 to tender in payment, 1, 10, 1. 
 GOVERNMENT OF STATES-republican form 
 
 guaranteed, 4, 4. 
 protection from invasion or domestic violence, 4, 
 
 4. 
 GRAND JURY— crimes to be tried on presentment 
 
 of. Am. 5. 
 exceptions as to land and naval forces and mili- 
 tia. Am. 5.
 
 536 INDEX TO U. S. COXSTITUTIOX. 
 
 GUARANTY— of republican form of Government 
 to States, Arr. 4, Sec. 4. 
 of protection of States from invasion and domes- 
 tic violence, 4, 4. 
 
 HABEAS CORPUS— writ not to be suspended, un- 
 less, 1, 9, 2. 
 HEADS OF DEPARTMENTS— may be vested with 
 
 power to appoint officers, 2, 2, 2. 
 I'resident may require written opinions from, 2, 
 
 2, 1. 
 HIGH CRIMES AND MISDEMEANORS— removal 
 
 of officers on impeachment for, 2, 4. 
 HOUSE OF REPRESENTATIVES— composed of 
 
 members chosen every second year, 1, 2, 1. 
 qualification of electors, 1, 2. 1. 
 qualification of member, age, and residence, 1, 2, 
 
 2. 
 State executives to issue writs of election, 1, 2, 
 
 4. 
 shall choose speaker and other officers, 1, 2, 5. 
 shall have sole power of impeachment, 1, 2, 5. 
 shall judge elections, returns, and qualifications 
 
 of its members, 1, 5, 1. 
 a majority to constitute a quorum, 1, 5, 1. 
 less may adjourn from day to day, 1, 5, 1. 
 may determine its rule of proceeding, 1, 5, 2. 
 may punish for disorderly behavior, or expel a 
 
 nieniber, 1, 5, 2. 
 shall Ivcep journal of proceedings. 1, 5, 3. 
 restriction on power to adjom-ii, 1. 5, 4. 
 members nor to be questioned for speech or de- 
 bate, 1, tJ, 1. 
 United States oflicial not eligible to membership, 
 
 ]. C. 2. 
 members ineligible to oflices created during their 
 
 membersliii). 1, (!. 2. 
 bills for raising revenue to originate in. 1, 7. 1. 
 votes for I'resident and Vice-LM'esident to be 
 
 counted in presence of. Am. 12. 
 when and how to choose I'resident, Am. 12, * 
 vote to be taki'n by States, Am. 12. 
 quorum in sncli case, wliat to constitute, Am. 12. 
 majority of States necessary to choice, Am. 12.
 
 INDEX TO U. S. CONSTlTUTIOrr. 537 
 
 HOUSE OF REPRESENTATIVP^S-disabllity to 
 membership by participation iu rebellion, Am. 
 14, Sec. 3. 
 Congress may remove disability, Am. 14, 3. 
 
 IMMUNITIES— privilege of member of Congress 
 from arrest, 1, lu, 3. 
 
 soldiers not to be (piartered in time of peace, 3. 
 
 no person to be twice in jeopardy for same of- 
 fense, 5. 
 
 "Who are citizens of United States, Am. 14, 1. 
 
 privileges and immunities of citizens not to ba 
 al)ridged. Am. 14, 1. 
 
 State not to deprive of life, liberty, or property 
 without due process of law, Am. 14, 1. 
 
 nor deny the equal protection of the law, Am. 14, 
 1. 
 IMPEACHMENT— House to have sole power of, 1, 
 2, 5. 
 
 Senate the sole power to try, 1, 3, G. 
 
 to be on oath or affirmation, 1, 3, 6. 
 
 Avhen Chief Justice to preside, 1, 3, 6. 
 
 two-tliirds necessary for conviction, 1, 3, G. 
 
 .ludgmeut, extent of on conviction, 1, 3, 7. 
 
 judgment, not to bar Indictment and punishment, 
 1, 3, 7. 
 IMPORTATION OF SLAVES— restriction on power 
 of Congress, 1, 9, 1. 
 
 tax may be imposed, 1, 9, 1. 
 IMPORTS OR EXPORTS— State shall not lay with- 
 out consent of Congress, 1, 10, 2. 
 
 of land by State, for use of Treasury, 1, 10, 2. 
 
 shall be subject to revision of Congress, 1, 10, 2. 
 iMl'OSTS AND EXCISES— Congress shall have pow- 
 er to lay and collect, 1, 8, 1. 
 
 to be unifoi-m throughout States, 1, 8, 1. 
 INDIAN TRIBES— Congress to regulate commerce 
 
 with, 1, 8, 3. 
 INDICTMENT, OR PRESENTMENT— essential to 
 trial for capital or infamous crime, Am. 5. 
 
 except in cases in land and naval forces and 
 militia. Am. 5. 
 
 of person convicted on impeachment, 1, 3, 7.
 
 538 INDEX TO U. S. CONSTITUTION. 
 
 INFERIOR COURTS— power of Congress to estab- 
 lish, Art. 1, Sec. 8, Subd. 9. 
 judicial power vested in, 3, 1. 
 judges to hold otiice during good behavior, 3. 1. 
 compensation not to be diminished during official 
 term, 3, 1. 
 INFERIOR OFFICERS— Congress may invest ap- 
 pointment of where they think proper, 2, 2, 2. 
 INSURRECTIONS— Congress to provide for suppres- 
 sion of, 1, 8, 15. 
 participants in, disqualified for office. Am. 14, 3. 
 Congress may remove disabilities. Am. 14, 3. 
 debts contracted in aid of, void, Am. 14, 4. 
 INVASION— State, when may engage in war, 1, 10, 
 3. 
 •writ of habeas corpus, suspension of, 1, 9, 1. 
 Congress may call militia out to repel, 1, 8, 15. 
 United States to protect each State against. 4, 4. 
 INVENTORS— Congress to pass laws to secure rights 
 
 to, 1. 8, 8. 
 INVOLUNTARY SERVITUDE— abolition of, except 
 for crime. Am. 13, 1. 
 
 JEOPARDY OF LIFE AND LIMB— person not to be 
 
 twice subject to. Am. 5. 
 JOURNAL OF PROCEEDINGS— each House to keep, 
 
 1, 5, 3. 
 JUDGES— of United States courts to hold office dur- 
 ing good behavior, 3, 1. 
 coniiteiisation not to be diminished during term, 
 
 3, 1. 
 in every State bound by Constitution, laws, and 
 treaties of United States, G, 2. 
 JUDGMENT— in impeachment cases to extend only 
 to removal from office, 1. 3, 7. 
 not a bar to indictment and trial at law. 1, 3, 7. 
 JUDICIAL POWER- Congress may constitute in- 
 ferior tril)unals, 1, 8, 9. 
 lodged in Sui)renie and inferior courts, 3, 1. 
 judges to hold office during good l)ehavior, 3, 1. 
 compensation not to be diminished during con- 
 
 tinuanre in ollice, 3, 1. 
 to extend to cases in law and ecjnity, 3, 2, 1. 
 to cases aiising under Constitution, laws, and 
 treaties, 3, 2, 1.
 
 INDEX TO U. S. CONSTXTUTIOi\. 539 
 
 JUDICIAL POWER-to all cases affecting ambas- 
 sadors, ministers, and consuls, Art. 3, Sec. 2, 
 Subd. J. 
 
 to ail admiralty and maritime cases, 3, 2, 1. 
 
 to controversies to which United States is a 
 party, 3, 2, 1. 
 
 to controversies between States. 3, 2, 1. 
 
 to controversies between a State and citizens of 
 another State, 3, 2, 1. 
 
 or between a State or its citizens and foreign 
 States or citizens, 3, 2, 1. 
 
 in cases affecting ambassadors, etc., Supreme 
 Court to have original jurisdiction, 3, 2, 2. 
 
 in all other cases to have appellate jurisdiction, 
 3, 2, 2. 
 
 trial of crimes, except in cases of impeachment, 
 to be by jury, 3, 2, 3. 
 
 trial to be held in State where crime committed, 
 
 •J o o 
 
 o, *-, o. 
 
 when not committed within State Congress may 
 
 direct, 3, 2, 3. 
 not to extend to cases against a State by citizens 
 of another State or a foreign State, Am. 11. 
 JUDICIAL PROCEEDINGS— of States, full faith 
 and credit to be given to, 4, 1. 
 manner of proving may be prescribed by Con- 
 gress, 4, 1. 
 JUDICIAL OFFICERS— to be bound by oath to sup- 
 port Constitution. 6. 3. 
 JURISDICTION— of Supreme Court, appellate and 
 original, 3, 2, 2. 
 of inferior tribunals, 1, 8, 9. 
 JURY— trial of crimes except on impeachment to be 
 by jury, 3, 2, 3. 
 accused to have speedy and public trial by, Am. 
 
 6. 
 suits at law where value over twenty dollars 
 
 shall be tried by. Am. 7. 
 fact not to be re-examined except by rules of 
 common law, Am. 7. 
 JUST COMPENSATION— property not to be taken 
 
 for public use without; Am. 5. 
 JUSTICE— purpose of Constitution to establish. 
 Preamble.
 
 540 INDEX TO U. S. CONSTITUTION. 
 
 LABOR— fugitives from, to be delivered up, Art. 4, 
 
 Sec. 2, Subd. 3. 
 LAND AND NAVAL FORCES— Congress may gov- 
 ern and regulate, 1, 8, 14. 
 LAW OF THE LAND— Constitution, laws, and 
 treaties constitute, 6, 2. 
 judges in every State bound by, 6, 2. 
 LAW OF NATIONS— offenses against. Congress may 
 
 provide punisliment for, 1, 8, 10. 
 LAWS— Congress may provide for execution of, 1, 8, 
 15. 
 and of powers vested in Government or any de- 
 partment or officer, 1, 8, 18. 
 judicial power to extend to all cases arising un- 
 der, 3, 2, 1. 
 LEGAL TENDER— State shall not make anything 
 
 but gold and silver coin a, 1, 10, 1. 
 LEGISLATION— exclusive in Congress over District 
 of Columbia, 1, 8, 17. 
 and over places purchased for forts, arsenals, 
 
 etc., 1, 8, 17. 
 Congress to make laws necessary for operation 
 
 of powers of Government, 1, 8, 18. 
 may enforce article prohibiting slavery. Am. 13. 2. 
 may enforce P^ourteenth Amendment, Am. 14, 5. 
 may enforce Fifteenth Amendment, Am. 15. 2. 
 LEGISLATIVE POWER— to be vested in Congress, 
 
 1, 1. 
 LETTERS OF MARQUE AND REPRISAL-Con- 
 gress may grant, 1, 8, 11. 
 State prohibited from granting. 1, 10, 1. 
 LIBERTY— purpose of Constitution to secure. Pro- 
 amble, 
 person not to be deprived of without due pro- 
 cess of law. Am. 5. 
 LIFE— no person to be deprived of witliout due pro- 
 cess of law, Am. 5. 
 no person to be twice put in jeopardy of, Am. 5. 
 same restriction on powers of States, Am. 14, 1. 
 LOSS OF SLAVE— claim for illegal and void. Am. 
 14, 4. 
 
 MAGAZINRS. ARSENALS, ETC.— Congress to have 
 special legislation, 1, 8, 17,
 
 INDEX TO U. S. CONSTITUTION. 541 
 
 MAJORITY— of each House to constitute a quorum, 
 Art. 1, Sec. 5, Subd. 1. 
 
 smaller number may adjourn, and compel at- 
 tendance, 1, 5, 1. 
 
 quorum of House in case of election of Presi- 
 dent, Am. 12. 
 
 of Senate in case of election of Vice-President, 
 Am. 12. 
 
 two-thirds of Senate, on trial of impeachment, 1, 
 
 3, G. 
 
 MARITIME JURISDICTION— judicial power to ex- 
 tend to. 3, 2, 1. 
 
 MARQUE AND REPRISAL— Congress may grant 
 letters of, 1, 8, 11. 
 no State shall grant letters of, 1, 10, 1. 
 
 MARYLAND— Representatives in fir.st Congress, 1, 
 2, 3. 
 
 MASSACHUSETTS— Representatives in first Con- 
 gress, 1, 2, 3. 
 
 IVIBASURES— Congress shall fix standard of, 1, 8, 5. 
 
 MEETING OF CONGRESS— at least once a year, 1, 
 
 4. 2. 
 
 MEMBERS OF CONGRESS— and of State legisla- 
 tures to be bound by oath, 6, 3. 
 MILITIA— Congress shall provide for calling forth, 
 
 1, 8, 15. 
 
 sliall provide for organizing, arming, and dis- 
 ciplining, 1, 8, 16. 
 
 shall provide for governing, 1, 8, 16. 
 
 to execute laws, suppress insurrections, and repel 
 invasions, 1, 8, IG. 
 
 appointment of officers and training reserved to 
 States, 1, 8. 16. 
 
 discipline to be preserved by Congress, 1, 8, 16. 
 
 right of people to bear arms not to be infringed. 
 Am. 2. 
 MISDEMEANORS— impeachment and removal for, 
 
 2, 4. 
 
 MONEY — Congress may borrow on credit of United 
 States, 1, 8, 2. 
 shall have power to coin. 1, 8, 5. 
 to be drawn from treasury only in consequence 
 
 of appropriations, 1, 9, 7. 
 statement of receipts and expenditures to be 
 published, 1, 9, 7. 
 Constitution— 46
 
 542 INDEX TO U. S. CONSTITUTION. 
 
 MONEY— no appropriation for armies to be for more 
 than two years, Art. 1, Sec. 8, Subd. 12. 
 
 NATIONS— power to regulate commerce with, 3, 8, 3. 
 power to punish offenses against law of, 1, 8, 10. 
 
 NATURALIZATION— Congress to establish uniform 
 rule of, 1, 8, 4. 
 citizens by, to be citizens of United States and 
 States where reside. Am. 14, 1. 
 
 NAVAL FORCES— Congress shall make rules and 
 regulations for, 1, 8, 14. 
 
 NAVY— Congress to provide and maintain, 1, 8, 13. 
 
 NEW HAMPSHIRE— Representatives in first Con- 
 gress, 1, 2, 3. 
 
 NEW JERSEY— Representatives in first Congress, 1, 
 2, 3. 
 
 NEW STATES— may be admitted by Congress, 4, 3. 1. 
 not to be formed within jurisdiction of another 
 
 without consent of Congress, 4, 3, 1. 
 nor be formed by junction of two States without 
 consent, 4, 3, 1. 
 
 NEW YORK— Representatives in first Congress, 1, 2, 
 3. 
 
 NOBILITY— titles of not to be granted by United 
 States, 1, 9, 8. 
 no State to grant title of, 1, 10. 1. 
 
 NORTH CAROLINA— Representatives in first Con- 
 gress, 1, 2, 3. 
 
 NUMBER OF ELECTORS— for President and Vice- 
 President, 2, 1, 2. 
 
 OATH OF OFFICE OF PRESIDENT— form of, 2, 1, 
 
 7. 
 OATH OR AFFIRMATION— warrants to be sup- 
 ported by. Am. 4. 
 to support the Constitution, (5, 3. 
 religious test not to be required as a qualification 
 
 for office, 6, 3. 
 Senator on trial of impeachment to be on, 1, 3. (». 
 OBJECTIONS BY PRESIDENT- on relurn of bill, 
 
 1. 7, 2. 
 OBLKiATIONOF CONTRACTS- no state shall pass 
 laws iinpniriiig, 1, 10, 1. 
 
 obli<;ati()ns incurred in aid of rebel- 
 lion VOID-Am. 14, 4.
 
 INDEX TO U. S. CONSTITUTION. 543 
 
 OFFENSES— against law of nations, Congress may 
 provide punishment for. Art. 1, Sec. 8, Subd. 
 10. 
 
 President may grant reprieves or pardons, 2, 2, 1. 
 
 no person to be put twice in jeopardy, Am. 5. 
 OFFICE— who ineligible for member of Congress, 1, 
 6, 2. 
 
 Senator or Representative not eligible for other 
 office, 1, 6, 2. 
 
 if created during his term, 1, 6, 2. 
 
 holder of net to accept present or emolument 
 from foreign king, etc., 1, 9, 8. 
 
 term of. of President and Vice-President, 2, 1, L 
 
 of President, when to devolve on Vice-President, 
 2, 1, 5. 
 
 who precluded from office of elector, 2, 1, 2, 
 
 vacancy in, when may be filled by President, 
 2, 2, 3. 
 
 commissions to expii-e at end of next session, 2, 
 2, 3. 
 
 who ineligible as Senator, representative, or 
 Presidential elector. Am. 14, 3. 
 OFFICERS— Congress may vest appointment of in- 
 ferior officers where it thinlvs proper, 2, 2, 2. 
 
 removal on impeachment for certain crimes, 2, 4. 
 
 of House of Representatives to be chosen by it- 
 self, 1, 2, 5. 
 
 Senate to choose its own, 1, 3, 5. 
 OPINION OF OFFICERS— of Executive depart- 
 ments, may be required by President, 2, 2, 1. 
 ORDERS— resolutions and vote to be presented to 
 
 President, 1, 7, 3. 
 ORIGINAL JURISDICTION— of Supreme Court, 3, 
 2, 2. 
 
 PARDONS— President may grant except in cases of 
 impeachment, 2, 2, 1. 
 
 PATENT RIGHTS— Congress may pass laws secur- 
 ing, 2, 2, 1. 
 
 PENSIONS AND BOUNTIES— debts for not to be 
 questioned, Am. 14, 4. 
 
 PENNSYLVANIA— Representatives at first Con- 
 gress, 1, 2, 3.
 
 544 INDEX TO U. S. CONSTITUTION. 
 
 PEOPI-E— Constitution formed by. Preamble. 
 
 right of peaceable assemblage shall not be 
 abridged, Am. 1. 
 
 right to bear arms not to be infringed. Am. 2. 
 
 to be secure in person and property from uni*ea- 
 sonable seizures and search. Am. 4. 
 
 enumeration of rights not to disparage others re- 
 tained, Am. 9. 
 
 powers not delegated to United States or pro- 
 hibited to States are reserved. Am. 10. 
 PETITION FOR REDRESS— right not to be 
 
 aliridged. Am. 1. 
 PIRACIES— Congress may define and punish, 1, 8. 10. 
 PORTS -preference not to be given by any regula- 
 tion of commerce or revenue. 1, 9, 6. 
 
 vessels clearing not to pay duties, 1, 9, 6. 
 POST-OFP'ICES AND POST-ROADS— Congress shall 
 
 establish, 1, 8, 7. 
 POWERS— of Government department or officer. 
 Congress may enforce by law, 1, 8, 18. 
 
 of President, when to devolve on Vice-President, 
 2, 1, 5. 
 
 not delegated to United States nor prohibited to 
 States are reserved to people. Am. 10. 
 
 enumeration of rights not to deny or dispai'age 
 otliers retained. Am. 9. 
 PREI'ERENCE— not to be given to one port over 
 
 another, 1, 9, 6. 
 PRESENTMENT OR INDICTMENT— necessary to 
 put party on trial. Am. 5. 
 
 except in cases in land and naval forces and 
 militia. Am. 5. 
 PRESIDENT- Chief Justice to preside on impeach- 
 ment of, 1, 3, 0. 
 
 shall approve and sign all bills, 1, 7, 2. 
 
 or return any l)ill with liis objections, 1, 7, 2. 
 
 if not returned witliin ten days to become a law, 
 1, 7, 2. 
 
 proceedings of two Houses in case of a veto, 1, 
 7, 2. 
 
 orders, resolutions, or votes, when to be pre- 
 sented to, 1, 7, 3. 
 
 proceedings on return the .same as on a bill, 1, 
 7, 3. 
 
 executive power to be vested in, 2, 1, 1.
 
 INDEX TO U. S. CONSTITUTION. 545 
 
 PRESIDENT— term of office four years, Art. 2, Sec. 
 
 1, Siibd. 1. 
 
 Vice-President, when to perform duties of, 2, 1, 
 
 5. 
 when Congress may designate officer to act as, 
 
 2, 1, 5. 
 
 comp(>nsation not to be increased or diminished 
 during term of office. 2, 1, 6. 
 
 to take oath of office, 2, 1, 7. 
 
 commander-in-chief of army, navy, and militia, 
 when called out, 2, 2, 1. 
 
 may require opinion of principal officer of depart- 
 ments, 2, 2, 1. 
 
 may grant reprieves or pardons, except in cases 
 of impeachment, 2, 2, 1. 
 
 may make treaties by and with, consent of Sen- 
 ate, 2, 2, 2. 
 
 may appoint officers by and with consent of 
 Senate, 2, 2, 2. 
 
 may fill vacancies that happen in recess of Sen- 
 ate, 2, 2, 3. 
 
 commissions to fill vacancies, when to expire, 2, 
 2, 2. 
 
 to give information and recommend measui-es to 
 Congress, 2, 3. 
 
 when may convene both or eitl'M- House, 2, 3. 
 
 when may adjourn Congress, 2, .^. 
 
 shall receive ambassadors and public ministers, 
 2, 3. 
 
 shall take care that laws be faithfully executed, 
 2, 3. 
 
 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 VICE-PRESIDENT— manner of 
 choosing, 2, 1, 2. 
 
 who disqualified to be electoi", 2, 1, 2. 
 
 Congress may determine time of choosing elect- 
 ors, 2, 1, 3. 
 
 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 VICE-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 be have a majority of electoral vote, Am. 12. 
 proceedings, if no person has a majority, Am. 12. 
 in choosing President by the Legislature, each 
 
 State to have one vote, Am. 12. 
 quoiuiu for this purpose to be two-thirds of 
 
 States, Am. 12. 
 and a majority of States required to elect. Am. 
 
 12. 
 in case of no choice being made, Vice-President 
 
 to act. Am. 12. 
 PRESIDENT OF SENATE— Vice-President shall be, 
 
 1, 3, 4. 
 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, r», 1. 
 members not to be questioned for speech or de- 
 bate, 1, 6, 1. 
 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 
 
 oifeiise. Am. 5. 
 citizens of United States are citizens of State 
 
 wliere they reside, Am. 14, 1. 
 not to be al)ridged l)y State laws. Am. 14, 1. 
 State not to deprive of life, etc., without due 
 
 process of law. Am. 14, 1.
 
 INDEX TO U. S. CONSTITUTION. 547 
 
 PRIVILEGES AND IMMUNITIES— nor deny to any 
 person equal protection of the laws, Am. 14, Sec. 1. 
 PRIZES— Congress may make rules concerning, 
 
 1, 8. 11. 
 PROCIOSS 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. G. 
 PROGRESS OF SCIENCPJ AND ART— Congress to 
 
 have power to promote, 1, 8, 8. 
 PROPERTY OF UNITED STATES— Congress may 
 dispose of and make rules and regulation's for, 
 
 4, 3, 2. 
 
 PROSECUTIONS— accused to have speedy and pub- 
 lic trial. Am. G. 
 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. 0. 
 to be confronted with witnesses. Am. 6. 
 to have compulsory process for witnesses, Am. 6. 
 to have counsel for his defense, Am. G. 
 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 
 bar trial, etc., 1, 3, 7. 
 cruel and unusual prohibited, Am. 8. 
 
 QUALIFICATION FOR OFFICE— no religious test 
 shall be re(iuired as, 0, 3. 
 
 of electors and members of House of Representa- 
 tives, 1, 2, 1. 
 
 of members of House as to age and inhabitancy, 
 1, 2, 2. 
 
 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, 
 
 5, 1. 
 
 a less number may adjourn and compel attend- 
 ance, 1, 5, 1. 
 in case of choice of President, Am. 12.
 
 548 IXDEX TO U. S. CONSTITUTION. 
 
 QUORUM— to elect Yice-rresideut by Senate, Ain. 
 12. 
 niajoritv of whole number necessary for choice, 
 Am. 12. 
 
 RACE OR COLOR— rights of citizens not to be de- 
 nied on account of. Am. 15, 1. 
 RATIFICATION OF AMENDMENTS— 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, 
 2, 
 
 when reduced, denial of right to vote. Am. 14, 2. 
 REBP]LLION— 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. 
 debt^ incurred in aid of illegal and void, Am. 14, 
 
 4. 
 exception as to suspension of writ of habeas 
 cor])us, 1, 9. 2. 
 RECEIPTS AND EXPENDITURES— of public 
 
 moneys to be published, 1, I), 7. 
 RECESS OF SENATE— President may commission 
 
 1o fill vacancies in office, 2. 2. 3. 
 RECONSIDEKATIUX OF BILL RETURNED BY 
 
 PRESIDENT— 1, 7, 2. 
 RECOPiDS— of State, full failli and credit to be 
 given to, 4, 1. 
 Congress shall prescril)e maniKM- of proving. 4. 1. 
 REDRESS OF (lUIEVANCES— rigiit to petition for 
 
 cannot lie abridged. Am. 1. 
 REGULA'l'lONS— for t-leetion of Senators and Repre- 
 sentatives, 1, 4, 1. 
 RELK J lOX— Congress can make no law as to estab- 
 
 lisliment of. Am. 1. 
 RELHJIorS TESTS— shall never be reipiired as 
 
 ipialification Cor office, t;. ;',. 
 REMOVAL FROM OFlTCE-on impeacliment, 2, 1, 
 6.
 
 INDEX TO U. S. 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 population. 
 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. 
 
 shall choose Spealvcr 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 
 law, 1, G, 1. 
 
 shall be privileged from arrest except, 1, 6, 1. 
 
 shall not be questioned for speech or debate, 1, 
 G, 1. 
 
 shall be ineligible for office created during their 
 term, 1, G, 2. 
 
 who ineligible to office of, 1, 6, 2. 
 
 bills for raising revenue to originate in House, 
 1, 7, 1. 
 
 ineligible to office of Presidential elector, 2, 1, 2. 
 
 shall be bound by oath to support Constitution, 
 6,3,
 
 550 INDEX TO U. S. CONSTITUTIOX. 
 
 REPRESENTATIVES— provisions relative to appor- 
 tionment of, Am. 14, Sec. 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 B'ORM 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, 1, 5. 
 Congress may provide for case of, 2, 1, 5. 
 RESOLUTION— concurrent, to be presented to Presi- 
 dent, 1, 7, 3. 
 REA'ENUE BILLS— to originate in House. 1, 7, 1. 
 
 preference not to be given to ports, 1, 9, 6. 
 RHODE ISLAND— Representative in first Congress, 
 
 1, 2, 3. 
 RIGHT OF PETITION— 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 Slates or prohibited to 
 
 States are reserved, Am. 10. 
 RULES— of proceedings, each House mav determine, 
 
 1, 5, 2. 
 and regulations respecting territory and property 
 
 of United States, 4, 3, 2. 
 of the common law, trials by juiy. Am. 7. 
 re-examiuation 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. 551 
 
 SECURITIES— punishmeut for counterfeiting, Art. 1, 
 
 Sec. 8. Subd. 0. 
 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 otticers and President pro tempore, 1, 
 3, o. 
 
 to have sole power to try impeachments, 1, 3, 6. 
 
 on such trial to be on oath or afhrmatiou, 1, 3, 6. 
 
 Chief Justice to preside on trial of President, 1, 
 3, a. 
 
 concurrence of two-thirds required for convic- 
 tion, 1, 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- 
 ance, 1, 5, 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 pubhsh the same, except, 1, 5, 3. 
 
 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- 
 ties, 2, 2, 2. 
 
 shall advise and consent to appointment of am- 
 bassadors, etc., 2, 2, 2. 
 
 and Judges of Supreme Court and other officers, 
 
 when may be convened by President, 2, 3, 1. 
 no State williout 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.
 
 552 I^DEX TO U. S. COXSTITUTIOX. 
 
 SENATORS— to be privileced from arrest, except. 
 Art. 1, Sec. 6, Siibd. 1. 
 compensation to be ascertained by law. 1, 6. 1. 
 shall not be questioned for speech or debate, 1, 
 
 G. 1. 
 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 support the Constitu- 
 tion. 6, 3. 
 certain persons disqualified. Am. 14. 3. 
 Congress may remove disability. Am. 14. 3. 
 SERVICE OR LABOR— delivery up of fugitives 
 
 from, 4, 2, 3. 
 SERVITUDE— involuntary, except for crime, abol- 
 ished. Am. lo, 1. 
 rights of citizens not to be abridged on account 
 of prior condition of. Am. 15. 1. 
 SHIPS OF WAR— States shall not keep, 1, 10. 3. 
 SLAVE— claim for loss or emancipation of, void. Am. 
 
 14. 4. 
 SLAVERY— abolished, Am. 13. 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. 
 SPEAKER— House to choose Speaker and other 
 
 officers, 1, 2, 5. 
 SPEECH— Congress not to abridge freedom of. Am. 
 
 1. 
 STANDARD OF WEIGHTS AND MEASURES— 
 
 Congress shall fix, 1, 8, 5. 
 STATES— executives shall issue writs of election to 
 fill vacancies in House, 1, 2, 4. 
 commerce among to be regulated by Congress, 1, 
 
 8. 3. 
 shall not enter mto treaties, alliance, or confed- 
 eration, 1. 10, 1. 
 shall not grant letters of martiue or reprisal, 1, 
 
 lU. 1. 
 sJiall not coin money, 1, 10, 1. 
 sliall not emit bills of credit, 1, 10, 1. 
 restriction as to making a h'gal tender, 1, 10, 1.
 
 INDEX TO U. S. CONSTITUTION. ^.'3 
 
 STATES— 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. 
 
 lull faitli and credit to be given to acts, records, 
 etc., 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 Avitliout its consent can a State be deprived 
 of its etiual 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- 
 liibited to States are reserved. Am. lu. 
 SUntEME COURT— judicial power vested in, 3, 1. 
 
 judges to hold ofhce during good behavior. 3, 1. 
 
 compensation of judges not to be diminished 
 during term, 3, 1. 
 
 original jurisdiction in certain cases. 3, 2, 2. 
 
 appellate jurisdiction, regulations of Congress, 
 3, 2, 3. 
 SUPREME LAW— Constitution, laws, and treaties 
 to l)e. (), 2. 
 
 judges in every State bound by, G, 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— bow apportioned among tbe States, 1, 2, 3. 
 capitation or direct to be in proportion to cen- 
 sus, 1, 0, 4. 
 not to be laid on articles exported, 1, 9, 5. 
 Congress shall have power to levy and collect, 
 
 1, 8, 1. 
 to be uniform throughout the United States, 1, 8, 
 1. 
 TEMPORARY APPOINTMENT— may be made in 
 
 vacancies in Senate, 1, 3, 2. 
 TENDER IN PAYMENT— restriction on power of 
 
 State, 1. 10, 1. 
 TERM OF OFFICE— of President and Vice-Presi- 
 dent, 2, 1, 1. 
 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, 
 
 3, 3, 1. 
 TIMES, PLACES, AND MANNER— of elections to 
 Congress, 1, 4, 1. 
 Congress uniy alter regulations, except. 1, 4, 1. 
 TITUIC OF NOBILITY— United States shall not 
 grant, 1, 9, 8. 
 no State sliall grant. 1, 10, 1. 
 I'nited Suites oflicial not to accept from any 
 king, etc., 1, 9, 8. 
 TONNAGE— restriction on State as to duty of, 1, 10, 
 
 3. 
 TRANQUILITY— purpose of Constitution to insure, 
 
 Preamble. 
 TREASON- in Avhat consists, 3. 3. 1. 
 
 testimony necessary to convict of, 3, 3, 1. 
 Congress to declare puiiislnnent for, 3, 3, 2. 
 
 attainder of not to Avork corruption of blood, 3, 
 •> •> 
 
 shall not work forfeiture except during life, 3, 3, 
 
 removal from office on conviction of, 2, 4, 1. 
 privilege from arrest not lo extend to cases of. 
 1. 0, 1.
 
 INDEX TO V. 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- 
 lislied, 1, 9, 7. 
 TREATIES— President, witli 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 judgment after conviction on impeach- 
 ment, 1, 3, 7. 
 TRIAL BY JURY— of all crimes except cases of im- 
 peachment, 3, 2, 3. 
 to be held in State where crime was committed, 
 
 3, 2. 3. 
 wlien 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— State shall not keep in time of peace, 1, 
 
 10, 3. 
 TWO-THIRDS— of Senate to concur in conviction on 
 impeachment, 1, 3, G. 
 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 I'emove disability to office, Am. 
 14, 3. 
 
 UNION— purpose of Constitution to establish more 
 perfect. Preamble, 
 stafe of, to be given to Congress by President, 2, 
 
 3 1. 
 ncAV States may be admitted into, 4, 3, 1. 
 restrictions as to formation of new States, 4, 3, I. 
 
 unrp:asonable searches and seizures— 
 
 prohibited, Am. 4.
 
 55© 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- 
 sion, 2, 2, 3. 
 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 
 
 on, 1, 7, 2. 
 VICE-PKESIDENT— to be President of Senate, 1, 3, 
 
 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 aiid manner of appointing, 2, 
 
 1. 2. 
 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 ottice by impeachment, 2, 4. 
 manner of choosing, by electors. Am. 12. 
 to be named by electors in distinct ballots, Am. 
 
 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. 
 
 12. 
 quorum for such purpose to be two-thirds, Am. 
 
 12. 
 majority of whole number necessary to a choice, 
 
 Am. 12. 
 wlion to act as President, Am. 12. 
 eligibility to officv of, Am. 12. 
 VIIUJIXIA— representation in first Congress, 1, 2, 3. 
 VOTE— eacli Senator shall liave one, 1, 3, 1.
 
 INDEX TO V. 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 I'resident, 1, 7, 3. 
 
 right to, not to be abridged by reason of race, 
 color, etc., Am. 15, 1. 
 
 eacli House may expel a member by two-thirds, 
 1, 5, 2. 
 
 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 
 treaty, 2, 2. 2. 
 
 two-tliirds necessary to remove disability for 
 ottice. Am. 14, 3. 
 
 WAR— power of Congress to declare, 1. 8, 11. 
 
 poAver to make rules and articles of, 1, 8, 14. 
 no State, without consent of Congress, to engage 
 
 in, 1, 10, 3. 
 treason consists in levying, 3, 3. 1. 
 WARRANTS— 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. 
 WEI/FARE— 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, 
 3, 3, 1. 
 WRITS— of election to till vacancies in representa- 
 tion, 1, 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 .iournals. 1, 5, 3. 
 passage over veto to be determined by, 1, 7, 2.
 
 INDEX 
 
 TO THE 
 
 Constitution of California, 1879. 
 
 [Kefereuces are to articles, sections, and pages, re- 
 spectively.] 
 
 ABANDONED CHILDREN— state may provide for. 
 
 Art. 4, Sec. 22, p. 88. 
 ABSENCE— of governor, duties devolve on lieuten- 
 ant-governor, 5, 16, p. 132. 
 of chief justice, selection pro tempore, 6, 2, p. 139. 
 of judge from state, 6, 3, p. 143. 
 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, 13, p. 17. 
 ACQUISITION OF PKOPEKTY— 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 1S79. 
 
 ACTIONS— limitation of, special legislation prohib- 
 ited, Art. 4, Sec. 25, p. 99. 
 real Avhere 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. 
 3(31. 
 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 OP POPULATION— in legislative 
 
 districts, 4, G, p. 75. 
 ADMISSION TO UNIVERSITY— 9. 9, p. 199. 
 ADOPTION OF CHILDREN— special legislation pro- 
 hibited, 4, 25, p. 99. 
 AFFIDAVIT — required of justice or judge on draw- 
 ing salary, 0, 24, p. 187. 
 to sustain issue of warrants, 1, 19, p. 50. 
 AFFIRMxVTION— See Oath. 
 AGED PERSONS— state may provide for support of. 
 
 4, 22, p. 88. 
 AGENT — when not to receive extra compensation, 4, 
 32, p. 119. 
 of transportation company, restrictions as to in- 
 terests, 12, 18, p. 287. 
 AGREEMENT FOR EXTRA COMPENSATION— to 
 
 public otticials, void, 4, 32, p. 119. 
 AGRICULTURAL COLLEGE— provisions regarding, 
 
 !), 9, p. I'.t9. 
 AGRICULTURAL SOCIETY-how to ehvt otlicers, 
 
 12, 11, 1). 2S3. 
 AID FROM I'UBLIC FUNDS— to private institutions 
 prohibited. 4, 22, p. 88. 
 to religious sects proliibited, 4, 30, p. 110. 
 ALAMEDA — two superior court judges to be elected, 
 0, 0, p. 170. 
 salary of judge of superior court. (!, 17, p. 182. 
 ALIENATION OF FRANCHISE- not to relieve from 
 liability, 12, 10, p. 2S2.
 
 INDEX TO CONSTITUTION OF 1879. 501 
 
 ALIENS DETRIMENTAL TO STATE— protection 
 from, Art. 19, Sec. 1, p. 340. 
 
 foreigners iueligible 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 ch;irter, how made, 11, 8, p. 227. 
 AMENDMENT TO CONSTITUTION— may be pro- 
 posed in either house, 18, 1, p. 337. 
 
 two-thirds A^ote required, 18, 1, p. 337. 
 
 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, 
 
 I, p. 337. 
 
 AMERICAN UNION— state part of, 1, 3. p. 5. 
 APPELLATE JURISDICTION— of supreme court, 6, 
 4, p. 144. 
 of superior court, G, 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, 
 
 II, 14, p. 258. 
 
 to be according to legislative direction, 20, 4, p. 
 340. 
 APPORTIONMENT— of members of legislature, 4, G. 
 p. 75. 
 of business of superior courts, 0, 7, p. 173. 
 of railroad values on assessment, 13, 10, p. 318. 
 Al»PROPRIATION BILL— governor may veto separ- 
 ate items of, 4, 10, p. 82. 
 duty of governor as to, 4, 10, p. 82, 
 what bill to contain, 4, 29, p. 115. 
 what proliibited, 4, 30, p. 110. 
 for specific purpose to contain but one item, 4, 
 34, p. 121. 
 APPROPRIATION— of water, 14, 1, p. 321.
 
 562 INDEX TO COXSTITUTION OF 1879. 
 
 APPROPRIATIONS— to eleemosynary institutions, 
 pro rata to counties, cities, and towns, Art. 4. 
 Sec. 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, etc., 4, 22, p. 88. 
 by legislature and local governments, restriction 
 on, 4, 30, p. 116. 
 ARCHIVES— all laAvs, official writings, and proceed- 
 ings to be preserved, 4, 24, p. 92. 
 ARMY- standing not to be kept, 1, 12, p. 17. 
 ARREST— members 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. 2G5. 
 ARTISANS— secured by lien on property, 20, 15, p. 
 349. 
 legislation to provide for enforcement of, 20, 15, 
 p. 349. 
 ASIATIC COOLIEISM— a form of slavery, 19, 4, p. 
 342. 
 forever prohibited, 19, 4, p. 342. 
 ASSEMBLAGES OF PEOPLE— guaranty as to, 1, 
 
 10, p. 12. 
 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 tilled, 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 he divided, 4, 27, p. 114. 
 ASSEMl'.LY DISTRICTS— organization of, 4, 6, p. 75. 
 each to clioose one member, 4, 6, p. 75. 
 to be numhered from one to eighty, 4, 6, p. 75. 
 ASSESSMENT— a pi)ellute jurisdiction of supreme 
 court, 6, 4. p. 144. 
 original jurisdiction of superior courts, 6, 5, p. 
 154.
 
 INDEX TO CONSTITUTION OF 1879. 5G3 
 
 ASSESSMENT— under township organization, Art. 
 11, Sec-. 4, p. 211'. 
 of municipal taxes, 11, 12, p. 252. 
 for street iuiprovements, 11. 19, p. 2G5. 
 to be in proportion to benefits, 11, 19, p. 265. 
 of lands for taxes, 13, 2, p. 308. 
 of lands seotionized and not sectionized, 13, 3, p. 
 
 308. 
 mortgages, deeds of trust, etc., deemed property, 
 
 13, 4, p. 308. 
 
 of securities, how made, 13, 4, p. 308. 
 of railroads, 13. 4, p. 308. 
 equalization of, 13, 9, p. 313. 
 
 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, 13, 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, 0, 2, p. 139. 
 ASSOCIATE .lUSTICES— subject to impeachment, 4, 
 
 15, p. 85. 
 
 to be assigned to departments of supreme court, 
 
 (1, 2, p. 1.39. 
 competent to sit in either, 6, 2, p. 139. 
 may freely interchange, G, 2, p. 139. 
 tJiree necessary to transact business, 6, 2, p. 139. 
 may act in chambers, G, 2, p. 139. 
 four may order hearing in bank, G, 2, p. 1.39. 
 when concvurence of four necessary to judgment, 
 
 G, 2. p. 139. 
 to select one to preside, 6, 2, p. 139. 
 when to select chief justice pro tempore, 6, 2, p. 
 
 139. 
 time and place of election, 6, 3, p. 143. 
 term of office, G, 3, p. 143. 
 those first elected to classify themselves, 6, 3, p. 
 
 143.
 
 564 INDEX TO CONSTITUTION OF 1S79. 
 
 ASSOCIATE JUSTICES— two to be elected every 
 four years, Art. 6, Sec. 3, p. 143. 
 appointment by governor in case of vacancy, 6, 
 
 3, p. 143. 
 
 ASSOCIATION— no appropriations if not under state 
 control. 4, 22, p. 88. 
 cannot acquire rights, etc., by special legislation, 
 
 4, 25. p. 99. 
 
 included in term "corporations." 12, 4. p. 279. 
 where may be sued. 12. IG, p. 285. 
 subject to assessment for income tax, 13, 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, p. 85. 
 mode and time of election. 5, 17, p. 133. 
 term of ofQce, 5. 17. p. 133. 
 duties of office, 5. 17. p. 133. 
 compensation of, 5. 19. p. 134. 
 AYES AND NOES— on urgency for passage of bill, 
 4, 15. p. 81. 
 to be talcen 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, C, 10. j). 175. 
 on proposed amendment to constitution. IS, 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 rciiuircd. 1. 6. p. 7. 
 BALLOTS— all elections to l)e by ballot. 2, 5, p. 60. 
 for election of new constitution to be dlsti'ibuted, 
 22, 5, p. 363. 
 BANKING— restriction on power of logislaturo. 12. 5, 
 p. 280. 
 corporations may be foriiicd under general laws, 
 
 12, 5, p. 2S(i. 
 only lawful money of United States to be circu- 
 lated, 12, 5, p. 280.
 
 INDEX TO CONSTITUTION OF 1870. 5G5 
 
 BASIS— of representation. Art. 4, Sec. 6, p. 75. 
 BIENNIAL— sessions of legislatui'e, 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, IG, 
 
 p. 82. 
 when to become a law, 4, IG, 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. 11. 
 BOARD OP CANVASSERS— on new constitution, 
 
 duty of, 22, 8, p. 3<)5. 
 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, 13, 9, 
 p. 3] 3. 
 term of office and duties of, 13, 9, p. 313. 
 controller, a menilier ex otficio, 13, 9, p. 313. 
 authority of board, 13, 9, p. 313. 
 supervisors to constitute county boards, 13, 9, p. 
 313. 
 BOARD OF FREEHOLDERS— election and qualifi- 
 cation 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. 
 certain cities to have two boards, 11, 7, p. 225. 
 election, term, and classification of. 11, 7, p. 225. 
 to be a board of equalization, 13, 9, p. 313. 
 to fix water rates, 14, 1, p. 321. 
 BONDS— taxable, 13, 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, See. 
 
 11, p. 2S2. 
 
 when may be increased, 12, 11, p. 282. 
 BOOKS OF RECORD— to be liept by corporations, 
 
 12, 14, p. 284. 
 
 what to be entered on. 12, 14, p. 284. 
 railroad commissioners to prescribe form for ac- 
 counts, 12, 22, p. 289. 
 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, IT, p. 182. 
 
 CALIFORNIA SCHOOL OF MECHANICAL ARTS— 
 property of exempt from taxation, 9, 11, p. 202. 
 CANAL COMPANIES— are common carriers, 12, 17, 
 p. 2SG. 
 officers of not to be interested in certain con- 
 tracts, 12, 18, p. 287. 
 CAPITAL OFFENSES— when not bailable, 1. G, p. 7. 
 CAPITAL STOCK OF CORPORATIONS— subject to 
 legislative control, 4, 2G, p. 112. 
 to be entered on books, 12, 14, p. 284. 
 CAPITATION TAN— legislature may provide for a 
 poll tax, 13, 12, p. 320. 
 or for income taxes, 13, 11, p. 320. 
 CEMET?:RIES— special legislation prohibited, 4, 25, 
 
 p. 99. 
 CENSUS— the basis of adjustment of legislative dis- 
 tricts, 4, G. p. 75. 
 CERTIORARI— jurisdiction of supreme court, G, 4, 
 p. 144. 
 of supiM-ior coiH't, 6, 5, p. 154. 
 CHAM BIORS— justice of supreme court may act in, 
 G. 2, p. 139. 
 judges of superior courts may act in, G, 14, p. 181.
 
 INDEX TO CONSTITUTION OF 1879. 5()7 
 
 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, 
 9, p. 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. 
 CHARTER— cannot be granted by special act, 4, 25, 
 p. 99. 
 for banliing 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, 
 
 8, p. 227. 
 and a copy to be recorded, 11, 8, p. 227. 
 judicial notice to be talvcn, 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, 8I/2. P- 238. 
 CHIEF JUSTICE— subject to impeachment, 4, 18, p. 
 85. 
 authority and duties of, 6, 2, p. 139. 
 time and place of election, 6, 3, p. 143. 
 CHIEF MAGISTRATE— 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 tlieir residences 
 Art. 19, Sec. 1, p. 340. 
 to provide for their removal from tlie state, 19, 
 
 I. p. 340. 
 
 corporations prohibited from emploving, 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 prescribed for importing coolies, 19, 
 
 4, p. 312. 
 their immigration to be discouraged, 19, 4, p. 342. 
 power to be delegated to cities and towns for 
 
 tlieir 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 oii^hans, etc., 
 
 4, 22, p. 88. 
 CITIZENS— rights of, 1, 9. p. H. 
 
 privileges and immunities of, 1, 21, p. 51. 
 
 right of suffrage, 2, 1, p. 54. 
 
 not to be deprived of life, liberty, etc., without 
 
 due process of hnv, 1, 13. 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, p. 114. 
 oflicers to be governed by general laws only, 4, 
 
 25, p. 99. 
 what appropriations jjrohibitcd. 4, 30. p. IK!, 
 mode of fiainiiig ch.-irter. 11, 8. j). 227. 
 board of freeholders, wlien may frame charter, 
 
 II, 8, p. 227. 
 
 cliarter, to be published, 11, 8. p. 227. 
 to be submitted to vole, 11, 8, ]). 227. 
 if ratilied to be submitted to legislature, 11, 8, 
 p. 227.
 
 INDEX TO CONSTITUTION OF 1870. 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— right 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, 
 7, p. 225. 
 CITY, COUNTY. OR TOWNSHIP— right to share in 
 appropriations to institutions, 4, 22, p. 88. 
 prohibited from aiding religious sect or creed, 4, 
 
 30, p. 116. 
 
 prohibited from loaning or giving its credit, 4, 
 
 31, p. 116. 
 
 inferior courts may be established in, 6, 1, p. 137. 
 
 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, 
 
 11. 11, p. 242. 
 legislature may vest power of ta.xation in, 11, 12, 
 
 p. 2.-52. 
 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 COUNCII.— to fix water rates. 14, 1, p. 321. 
 CIVIL ACTIONS— three-fourths of jury may decide, 
 
 1, 7, p. 8. 
 jury may be waived, 1, 7, p. 8. 
 imprisonment in, 1, 15, p. 41.
 
 570 I>-DEX TO CONSTITUTION OF 1879. 
 
 CIVIL OFFICERS— trial of, for misdemeauor, Art. 4. 
 
 Sec. IS, p. 85. 
 CLASSIFICATION— of justices of supreme court, 6. 
 3, p. 14:;,. 
 of couuties, 11, 5, p. 213. 
 of senators at election of 1882, 4, 5, r>. 74. 
 of municipal corporations, 11, 6, p. 218. 
 of state prison ilnvctors. lu. i. |i. _ ., 
 of superior judges in San Francisco, G, 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. 20(1. 
 of county, duty on election for new constitution. 
 22, G, p. 3G4. 
 CLERICAL OFFICERS— salary of, 5, 19, p. 134. 
 CLERICAL SERVICES— limitation of compensation, 
 
 5. 10. p. 134. 
 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. 
 
 IIG. 
 COLLEGE OF A(JRICULTURE— 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 miUtia, 5, 5. p. 12G. 
 
 governor to continue as, 5, 1(», p. 132. 
 COMMISSIONERS— to be elected or appointed, 20, 
 4, p. -Mi-,. 
 tei-m of ofIif;e of, 20, IG, p. 350. 
 COMMISSIONS— to l)e sealed and signed by gov- 
 ernor, 5, 14, p. 131. 
 to militia ofhcer to be signed by governor, 8, 1, 
 p. 190. 
 COMMITMENT— for offen.ses, 1, 8, p. 10.
 
 INDEX TO CONSTITUTION OF 1879. 571 
 
 COMMON CARIIIERS— railroads, canals, and trans- 
 portation companies are, Art. 12, Sec. 17, p. 28(5. 
 
 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, 2.J, p. 99. 
 
 source aud origin of funds. 9, 4, p. 193. 
 
 legislature to provide for system of, 9, 5, p. 194. 
 
 system to include primary and grammar schools, 
 9, (J, 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 OP SENTENCE— power of gov- 
 ernor, 7, 1, p. 188. 
 COMMUTATION OF TAXES PROHIBITED— 11, 10, 
 
 p. 241. 
 COMPENSATION— to be first made on taliing 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 clerlv of supreme court, G, 14, p. 181. 
 
 to justices and judges, 6, 17, p. 182. 
 
 of justices to be paid by state, G, 17, p. 182. 
 
 half salary of judges to be paid by state, 6, 17, 
 p. 182. 
 
 and half by counties, G, 17, p. 182. 
 
 of board of state prison directors, 10, 4, p. 205. 
 
 of county oflk-ers, 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, 
 1, p. 321. 
 CONCURRENCE NECESSARY TO JUDGMENT IN 
 
 SUPREME COURT— 6, 2, p. 139. 
 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-bow formed, 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. 
 225. 
 CONSTABLE— local and special acts prohibited, 4, 
 
 25, p. 99. 
 CONSTITUTION— the supreme law. 1. 3, p. 5. 
 
 provisions mandatory and prolul)itory, 1, 22, p. 
 
 52. 
 mode of amending, IS. 1, p. 337. 
 mode of revision. IS, 2. p. 33S. 
 when it takes elVect. 22. 12, p. 308. 
 submission to vote of people, 22. 2, p. 361. 
 CONTA(iIOlIS DISEASES— protection from, 19. 1. p. 
 
 340. 
 CONTINGENT EXPENSES— of legislature. 4, 2.'i. p. 
 
 91. 
 CONTRACTOR— Avlien not to receive extra compen- 
 sation, 4, 32, p. 119. 
 CONTRACTS— obligations of not to be impaired, 1, 
 16, p. 41. 
 taxation of, 13, 4, p. 308. 
 existing not to be alTecled. 22. 1, p. 357. 
 for sale of stocks on margin, void, 4, 20, p. 112.
 
 INDEX TO CONSTITU'TION OF 1S70. 573 
 
 CONTRACTS— to pay tax on loan or its security, 
 void, Art. 13, Sec. 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 I'evision, 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, 0. p. 200. 
 
 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 i?fDE5 TO coxsTixrxioy OF 1S79. 
 
 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. p. 2S3. 
 CORPORATIONS — conditions precedent to appropria- 
 tion of right of way. 1, 14, p. 31. 
 
 vrhen 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 bv 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. 273. 
 
 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, 
 12, 6, p. 280. 
 
 existing charters not to be extended, 12, 7, p. 280. 
 
 nor can thoir forfeiture be remitted, 12, 7, p. 280. 
 
 not to injure rights of individuals or welfare of 
 state, ]2. 8, p. 281. 
 
 to be subject to right of eminent domain. 12, 8, 
 p. 281. 
 
 police i)ower over, not to be abridged, 12, 8, p. 
 281. 
 
 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, 10, p. 282. 
 indebtedness not to be increased under special 
 
 act, 12, 11, p. 282. 
 restriction on issue of stocli or bonds, 12, 11, p. 
 
 282. 
 notice required on increase of stocli, 12, 11, p. 282. 
 voting at elections by stockholders, 12, 12, p. 283. 
 cumulative 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, 13, p. 
 
 283. 
 nor to subscribe to stocli of, 12, 13, p. 283. 
 to have otiice within state, 12, 14, p. 281:. 
 religious and benevolent societies excepted, 12, 14, 
 
 p. 284. 
 books, etc., 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, 
 
 12, 17, 'p. 286. 
 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 forljidden, 12, 21, p. 289. 
 forfeiture of franchise for illegal water raies, 14; 
 
 1, p. 321. 
 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. 
 CORRUi'TING 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, 
 
 Sec. 22, p. 88. 
 place of A-oting 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. 410. 
 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. 
 
 211. 
 organization under townships, 11, 4, p. 211. 
 legislature to establish system of governments, 
 
 11. 4, p. 211. 
 boards of supervisors for, 11, 5, p. 213. 
 municipal corporations controlled by general 
 
 laws, 11, 0, 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, 
 
 11, 11, p. 242. 
 power to levy taxes, 11, 12. p. 2."2. 
 powers not to be delegated. 11, 13, p. 2^)0. 
 to appoint local inspection ofheers, 11, 14, p. 258. 
 private property not liable for debts of, 11, l."t, p. 
 
 258. 
 moneys collected to be paid into treasury, 11, 10. 
 
 p. 258. 
 malving profit out of public funds a felony, 11, 17, 
 
 p. 259. 
 restriction on power to incui- debts, 11, 18, p. 2.59. 
 provision to be made for payment of debts, 11. 
 
 IS, p. 259. 
 liabilities, when void, 11, 18, p. 2.59. 
 pioi)erty of exempt from taxation. 13. 1, p. 294. 
 l)r()t('ction from alien i)aui)eis, etc., 19, 1, p. 340. 
 COUNTY 1U).\KI)S OF Eta ALI/.VTION— how con- 
 stituted and (Inlies of. 1:5, 9, p. 313. 
 COUNTY CLEKKS— ex officio clerks of courts of 
 
 record, (>. 11, p. ISl. 
 election and api)oinl iiieni of. 11, 5. p. 21.3. 
 duties as to new constilutiou, 22, G, p. 304.
 
 INDEX TO CONSTITUTION OF 1879. 577 
 
 COUNTY GOVERNMENTS— as existing, recognized, 
 Ai-t. 11, Sec. 1, p. 208. 
 legislature to establish system of, 11, 4, p. 211. 
 COUNTY OFFICERS— to be regulated by general 
 laws, 4, 25, p. DO. 
 legislature to provide for election of, 11, 5, p. 213. 
 to pay couuty moneys into treasury, 11, 10, p. 
 
 258. 
 making profit thereon, or using the same, a fel- 
 ony, 11, 16, p. 258. 
 duties as to return of votes on neve constitution, 
 22, 8, p. 31J5. 
 COUNTY SEATS— cannot be changed by special leg- 
 islation, 4, 25, p. 99. 
 proceedings for removal of, 11, 2, p. 208. 
 tvv^o-thirds vote required, 11, 2, p. 208. 
 proposition can be made but once in four years, 
 11 2 208 
 COUNTY SUPERINTENDENTS— election and quali- 
 fication of, 9, 3, p. 193. 
 when to adopt text-boolcs, 9, 7, p. 190. 
 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, G, 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. 137. 
 COURTS — practice to be governed by general laws, 
 4, 25, p. 99. 
 inferior, legislature may establish, 6, 1, p. 137. 
 except justices of the peace and police courts 
 
 abolished, 22, 3, p. 361. 
 records, books, etc., to be transferred to new 
 
 courts, 22, 3, p. 361. 
 power and jurisdiction of new courts, 22, 3, p. 
 3G1. 
 COURTS OF RECORD— what are, 6, 12, p. 180. 
 county clerks as clerks of, 0, 14. p. 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, Sec. 
 .*51, p. 116: Art. 12. Sec. 13. p. 283. 
 not to be given or loaned. 12, 13, 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, p. 8. 
 rights of party accused, 1, 13, p. 17. 
 deprivation of right of suffrage on conviction 
 
 for, 2, 1, p. 54. 
 laws to be made to exclude from office, juries, 
 
 etc., persons convicted, 20, 11, p. 348. 
 existing prosecutions for not affected, 22, 2, p. 
 3(51. 
 CRIMINAL CASES— appellate jurisdiction of su- 
 preme court, G, 4, p. 144. 
 original jurisdiction of superior court, 6, 5, p. 154. 
 CRIMINAL PROSECUTION— rights of accused, 1, 
 
 13, p. 17. 
 CRUEL AND UNUSUAL PUNISHMENTS— prohib- 
 ited, 1, 6, p. 7. 
 CULTIVATED LANDS— and uncultivated, how as- 
 sessed. 13, 2, p. 308. 
 CUMULATIVE VOTE— may be cast by stockholder, 
 12, 12, p. 283. 
 
 DAMAGE-not to be done for public use without 
 
 compensation, 1. 14, p. 31. 
 DAMAGES— recoverable for excessive cliarges 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, 
 
 10, p. 132. 
 DEBTS— to be deducted from credits in assessments, 
 
 unless due to foreign creditor, 13, 1, p. 294. 
 See Slate IiuJclittMiiiess. 
 DEBTS OF STATE— limitation to creation of, 10, 1, 
 
 p. 330. 
 DECLARATION OF RIGIITS-1. 1, p. 2. 
 DEEDS— cannot be validated by special legislation, 
 
 4, 2."). p. 99. 
 of trust, taxation of, 13, 4, p. 308.
 
 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, 0, 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 LIFE, 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- 
 tion of, 12, 12, p. 283. 
 right of stocliholders to cumulate votes, 12, 12, 
 
 p. 283. 
 jointly and severally liable for embezzlement of 
 employees, 12, 3, p. 274. 
 DISABILITY— for office on conviction for embezzle- 
 ment or defalcation, 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— iu fares and freights prohibi- 
 ted. Art. 12, See. 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. 8G. 
 of certain officers to hold office, 4, 20, p. 87. 
 by embezzlement and defalcation, 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, 
 
 p. 352. 
 of members of corporations for certain offices, 4, 
 
 33, p. 121. 
 by receiving bribe, 4, 35, p. 122. 
 of lieutenant-governor for other offices, 5, 15, p. 
 131. 
 DISTRIBUTION OF POWERS— of government, 3, 1, 
 
 p. 61. 
 DISTRIBUTIVE VOTE— on election of officers of 
 
 corporations, 12, 12, p. 283. 
 DISTRICT ATTORNEYS— legislature to provide for 
 
 election of, 11, 5, p. 213. 
 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, G, 5, p. 
 213. 
 DONATION— in aid of religious institutions prohibi- 
 ted, 4, .".(t. p. ilC). 
 DUE I'ROCESS OF LAW— wliat is, p. 24. 
 DUELING- disfrani-lnsiMJUMit for, 20, 2. p. 344. 
 DUES— from corporation to be secured by law, 12, 
 2, p. 273. 
 individual liability of stockholders, 12, 3, p. 274. 
 linliility of tru.stet's, 12. 3, p. 274. 
 liability to taxation, 13, 1, p. 294.
 
 INDEX TO CONSTITUTION OF 1879. 581 
 
 DUTIES— of departments to be distinct, Art. 3, Sec. 
 1, p. Gl. 
 of state officers, 5, 18, p. 134. 
 of clerk of supreme court, 6, 14, p. 181. 
 of railroad commissioners, 12, 22, p. 289. 
 of boards of equalization, 13, 9, p. 313. 
 
 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 PERrETUITIES— 20, 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. 
 
 99. 
 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. 131. 
 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, 
 
 11, 7, p. 225.
 
 582 INDEX TO CONSTITUTION OF 1879. 
 
 ELECTIONS— term and classification of, Art. 11, Sec. 
 
 7, p. 225. 
 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, p. 283. 
 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 oflicers. 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, p. 53. 
 who dis(inalified to vote, 2, 1, p. 54. 
 privilege from arrest, 2, 2, p. 57. 
 from militia duty, 2, 3, p. 59. 
 residence, how not lost, 2. 4. p. 59. 
 ELIGIBILITY— of member of legislative body, 4, 4, 
 
 p. 74. 
 for office of governor, 5, 3, p. 125. 
 of lieutenant-governor, 5, 15, p. 131. 
 for judi('i;il offices. <>, 23, p. 186. 
 for railioad ciMumissioner, 12. 22. p. 289. 
 EMBEZZLEMENT— to deprive of privilege of elec- 
 tor, 2, 1, p. 54. 
 a discjualification 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. 
 
 compensatiou to be first secured, 1, 14, p. 31. 
 
 damage to property, a taking, 1, 14, p. 31. 
 
 corporations subject to riglit of. 12, 8, p. 281. 
 
 right of, not to be abridged on grants of corpo- 
 rate francliise, 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 CLAUSE— of statutes, 4, 1, p. 67. 
 
 ENDOWMENT— of university, 9, 9, p. 199. 
 
 ENGLISH— the sole language for publication of pub- 
 lic writings, etc., 4, 24, p. 92. 
 
 ENJOYMENT 0¥ PROPERTY— rights of foreign- 
 ers. 1, 17, p. 48. 
 
 ENUMERATION OF RIGHTS— not to affect others 
 reserved, 1, 23, p. 53. 
 
 EQUITY— 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, 0, p. 195. 
 EXCLUSIVP] 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. Gl. 
 
 power vested in a governor, 5, 1, p. 124. 
 
 business of, 5, 6, p. 12G. 
 
 to see laws executed, 5, 7, p. 126. 
 
 to till 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 English only, 4, 
 24, p. 92. 
 
 secretarv 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. 34.J. 
 
 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, IVa, p. 
 3U7. 
 
 property of Leland Stanford Junior University, 
 9, 10, p. 201. 
 
 property of California School of Mechanical Arts, 
 9, 11, p. 202. 
 
 fruit and nut-l^earing trees, 13, 12%, p. 320. 
 
 from poll tax, who is, 13, 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, 10, p. 41. 
 
 EXPULSION OF MEMBER— power of legislature. 
 4. 9, p. 79. 
 
 EXTENSION OF TIME FOR COLLECTION OF 
 TAX— special acts prohibited. 4, 25, p. 99. 
 
 EXTINGUISII.MENT 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. 28!). 
 
 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 OFFICER— not eligible to state civil of- 
 fice, 4, 20, p. 87. 
 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 SALARIES- 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. 
 pul)lic officers using or making profit out of pub- 
 lic moneys, 11, 17, p. 259. 
 legislator influenced by promise of reward, 4, 35, 
 
 p. 122. 
 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— void. 
 12, 11, p. 282.
 
 586 INDEX TO CONSTITUTION OF 1ST9. 
 
 FINES— excessive not to be imposed, Art. 1, Sec. 6. 
 p. 7. 
 caunot be remitted by special legislation, 4, 25, 
 
 p. 99. 
 'mposed for excessive charge for fares and 
 
 freiglits, 12, 22, p. 389. 
 already due not affected by adoption of new con- 
 stitution, 22. 2. p. 3G1. 
 FISCAL YEAR— to commence on 1st of July, 20, 5, 
 
 p. 34U. 
 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, 
 6, 11, p. 175. 
 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, 12, 22, p. 289. 
 of existing franchises not to be remitted, 12, 7, 
 p. 280. 
 FORGERY— conviction for, a disfrancliisoment, 20, 
 
 11, p. 348. 
 
 FORM— of oatli of office, 20, 3. p. 345. 
 FRANCHISE— exclusive privileges, special legisla- 
 tion prolill)ited, 4, 2.">, p. 321. 
 those not fully organized and in business inval- 
 id, 12, 0, p. 280. 
 not to be extended, 12, 7, p. 280. 
 nor forfeitures remitted, 12, 7, p. 280. 
 subject to rigiit of einiiieiit 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. 13, Sec. 6, p. 312. 
 legislature may provide for forfeiture of, 12, 22, 
 
 p. 389. 
 taxable, 13, 1, p. 294. 
 assessment of for taxes, 13, 10, p. 318 
 water rights, when forfeited, 14, 1, p. 321. 
 right to eomponsation for water supply a fran- 
 chise, 14, 2, p. 32(3. 
 FRAUD— as ground for imprisonment for debt, 1, 
 
 15. p. 41. 
 FREE AND INDEPENDENT— all men are, 1, 1, p. 
 
 2. 
 FREE ASSE.AIBI.AGES— guaranteed, 1, 10, p. 12. 
 FREE NAVIGATION— in harbors, 15, 2, p. 328. 
 
 over tide lands, 15, 3, p. 328. 
 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, U, p. 348. 
 FREEDOM AND INDEPENDENCE — declaration 
 
 of, 1, 1, p. 2. 
 FREEDOM OF SPEECH AND OF THE PRESS— 
 
 to be preserved, 1, 9, p. 11. 
 FREEHOLDERS— See Board of Freeholders. 
 FRONTAGES 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 WATER— right of cities to regulate 
 
 charges, 11, 19, p. 2(J5. 
 GAS CORPORATIONS— legislation to regulate 
 charges, 4, 33, p. 121. 
 right to introduce light in cities, 11, 10, p. 2G5. 
 right of cities to regulate chai-ges, 11, 19, p. 265. 
 may use streets for laying down pipes, 11, 19, 
 p. 2G5.
 
 588 INDEX TO CONSTITUTION OF 1879. 
 
 GENERAL APPROPRIATION BILL— lestiictions 
 
 as to. Art. 4, Sec. 29, p. 115. 
 GENERAL LAWS— to liave a uniform operation, 1, 
 11, p. 13. 
 
 what are, pp. 103, 223. 
 GIFT ENTERPRISES— prohibited. 4, 2G. p. 112. 
 GOVERNMENT— purpose of institutiou of, 1, 2, p. 
 5. 
 
 right to alter or reform, 1, 2, p. 5. 
 
 powers, how distributed, 3, 1, p. Gl. 
 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. 80. 
 
 to approve all laws, 4, IG, p. 82. 
 
 mav veto separate items in appropriation bill, 4, 
 IG, p. 82. 
 
 duty on return of bill with objections, 4, 16, p. 
 82. 
 
 subject to impeacluiient, 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 quahflcation to office, 5, 3, p. 125. 
 
 return of election of, 5, 4, p. 125. 
 
 when legislatiu'e 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 lill vacancy in office, 5, 8, p. 12G. 
 
 when may convene legislature by proclamation, 
 5, 0, p. 130. 
 
 to communicate to legislature at every session, 
 5, 10, p. 130. 
 
 to adjourn legislature in certain contingencies, 5, 
 11, p. 130. 
 
 disability to hold otlier office, 5, 12, p. 131. 
 
 to keep seal of slat(>, 5, 13, p. 131. 
 
 to seal and sign public grants and commissions. 
 5, 14, p. 131. 
 
 who to act in case of impeachment, 5, 16, p. 132.
 
 INDEX TO CONSTITUTION OF 1879. 581) 
 
 GOVERNOR— absence not to affect right as com- 
 mander-in-chief, Art. 5, Sec. IG, p. 132. 
 compensation of, 5, 19, p. 134. 
 inehgible for United States senator during term, 
 
 5, 20, p. 135. 
 to till vacancy in justices of supreme court, 6, 
 
 3, p. 143. 
 
 term of appointee, 6, 3, p. 143. 
 
 to fill vacancy in superior judgeship, G, 6, p. 170. 
 
 may recommend removal of judicial officer, 6, 
 
 10, p. 175. 
 to grant reprieves, pardons, etc., 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, 
 
 2, p. 338. 
 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, 
 
 p. 116. 
 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 CONSTITUTIOX OF 1879. 
 
 GRAVEYARDS— special legislation prohibited, Art. 
 
 4, Sec. 25, p. 99. 
 GREAT SEAL OF STATE— 5. 13, p. 131. 
 GRO\YlNG CROPS— exempted from taxation, 13, 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 water*, 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 witliheld 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 disfranchi.^^ement, 20, 11, p. 348. 
 HIGH SCHOOLS— may be established by legisla- 
 ture, 9, 0, p. 195. 
 HIGHWAYS— local and special legislation prohibi- 
 ted. 4, 25, p. 99. 
 HOMESTEAD— exemption from forced sale, 17, 1, 
 
 p. Ki-jO. 
 
 HOSPITALS— not under state control, appropria- 
 tions prohil)ited. 4, 22, p. 88. 
 
 H0USP:S of LEGISLATION— in certain cities, 11, 
 7, p. 225. 
 
 HUSBAND AND AVIPE— separate property to eacli 
 secured, 20, 8, p. 347. 
 
 HYPOTHECATION BY MINOR— special legislation 
 prohil)ited, 4, 25, p. 99. 
 
 IDIOT— cannot be an elector, 2, 1, p. 54. 
 exempt from poll tax, 13, 12, p. 320. 
 IMMIGRATION OF CHINESE— to be discouraged, 
 
 19, 4, p. 342. 
 IMMUNITIES-of citizens, 1, 21. p. 51. 
 
 to coritoralions, special legislation prohibited, 4, 
 25, p. 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 loss or damage to property, 1, 14, p. 31. 
 from imprisonment for debt, 1, 15, p. 41. 
 of members of legislature from arrest, 4, 11, p. 
 80. 
 IMPAIRING— obligation of contract, laws prohibi- 
 ted, 1, IG, p. 41. 
 IMPANELING JURIES— special and local acts pro- 
 hibited, 4, 25, p. 99. 
 grand jury to be drawn at least once a year, 1. 
 8, p. 10. 
 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. 137. 
 lieutenant-governor, when to act as governor, 5 
 16, p. 132. 
 IMPOSTS— appellate jurisdiction of supreme court 
 6, 4, p. 144. 
 original jurisdiction of superior court, 0. 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. 2.'?. 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. 330. 
 INDICT]MENT— 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, 2, p. 361. 
 INDIGENT I'ERSONS— state care over, 4. 22, p. 88. 
 INELIGIBILITY — to office of governor, 5, 12, p. 131. 
 of governor for United States senate, 5, 20, p. 
 13.5. 
 INFECTIOUS DISEASES— protection from, 19, 1, 
 
 p. 340. 
 INFERIOR COURTS— may be established by legis- 
 lation, 0, 1, p. 137. 
 jurisdiction to be fixed by law. 6, 13, p. 180. 
 powers, duties, and responsibilities, G, 13, p. 180. 
 INFORMATION — offenses may be prosecuted by, 1, 
 8, p. 10. 
 for libel, Avhere-to be tried, 1, 9, p. 11. 
 pending, unaffected by adoption of new constitu- 
 tion, 22, 2, p. 3U1. 
 from state officers to executive department, 5, 6, 
 p. 120. 
 INHERITANCE— rights of foreigners. 1, 17, p. 48. 
 IN.JUNCTION— may be served on holidays and non- 
 judicial days, 0, 5, p. 154. 
 INJURY TO PROI'ERTY— compensation to be made, 
 
 1, 14, p. 31. 
 INSANE PERSONS— cannot be electors, 2, 1, p. 54. 
 
 exempt from poll tax, 13, 12. p. 320. 
 INSOLVENCY— appellate jurisdiction in supreme 
 court, 0, 4, p. 144. 
 original jurisdiction in superior courts, G, 5, p. 
 154. 
 INSPECTION OFFICERS— to be appointed by nui- 
 
 nicip.ilities, 11, 14, p. 2.")8. 
 INSTALLMENTS— p.'iynient of taxes in, 1.3, 7, p. 312. 
 INSTITUTIONS NOT UNDER ST.VTE CONTROL— 
 
 appropriations proiilbitcd. 4. 22, p. SS. 
 INSTRUr'TIONS— certain improper, G, 10, p. 183. 
 
 certain proper, (», 10, p. l.S.">. 
 INSTRUMENTS— cannot be validated by special 
 
 acts. 4, 2."., p. 00. 
 INSURRECTIO.N'S— power of governor to suppress, 
 8, 1, p. 100. 
 autiiorily to coiitract debts, 1(5, 1, p. .3:50.
 
 INDEX TO CONSTITUTION OF 1879. 593 
 
 INTELLECTUAL IMPROVEMENT— to be encour- 
 aged. Art. 9, Sec. 1. p. 192. 
 INTEREST— to be regulated by general laws only, 
 
 4, 25, p. 99. 
 
 on state debt, provision to be made for, IG, 1, 
 p. 330. 
 INTERPRETATION— of state constitution, p. vii. 
 
 of terms in, p. vii. 
 INVASION- suspension of writ of habeas corpus, 1, 
 
 5, p. 7. 
 
 power of governor to repel, 8, 1, p. 190. 
 
 authority to contract debts, 16. 1, p. 380. 
 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 
 
 3, p. 274. 
 
 JOURNAL— each house to keep, 4, 10, p. 79. 
 
 ayes and noes on hnal 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. 173. 
 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.
 
 5&i INDEX TO CONSTITUTION OF 1879. 
 
 JUDGES— number of may be increased, Art. 6, Sec. 
 
 9, p. 174. 
 may be removed by legislature, 0, 10, p. 175. 
 cause to be entered on journal, G, 10, p. 175. 
 of inferior courts, powers, duties, and responsi- 
 bilities, G, 13, p. ISO. 
 not to receive fees or perquisites, 6, 15, p. 181. 
 compensation of, G. 17, p. 182. 
 ineligible to other otfice during term, 6, 18, p. 183. 
 not to charge juries as to matters of fact, G, 19, 
 
 p. 183. 
 prohibited from practicing law, G, 22, p. 186. 
 who ineligible to office of, G, 23, p. ISG. 
 affidavits on drawing salary, G, 24, p. 187. 
 JUDGMENT— on impeachment, extent of, 4, 18, p. 
 
 85. 
 not to bar trial according to law, 4, 18, p. 85. 
 concurrence of supreme justices necessary, G, 2, 
 
 p. 139. 
 vacated by order for rehearing in bank. G, 2, p. 
 
 139. 
 when final, 6, 2, p. 139. 
 concurrence of four justices, when necessary, G, 
 
 2, p. 139. 
 all decisions to be in writing, G, 2, p. 139. 
 of superior court, effect of, (i, G, p. 170. 
 JUDICIAL— a department of government, 3, 1, p. Gl. 
 powers, where vested, G, 1, p. 137. 
 supreme court, organization of, 6, 2, p. 1.39. 
 election of justices, G, 3, p. 143. 
 jurisdiction of sni)renie court, G, 4, p. 144. 
 jurisdiction of superior court, G, 5, p. 154. 
 superior court, how constituted, G, G, p. 170. 
 apitdiMionnient of l)usiness among judges, G, 7, 
 
 p. 173. 
 judges may hold court in other county, G, 8, p. 
 
 174. 
 lecislatur(> may grant leave of absence. G. 9, p. 
 
 174. 
 may l)e removed from ollice, (!, 10, p. 175. 
 justi<"es of the peace lor cities and townships, G, 
 
 2. p. 1.30. 
 wliat are courts of record. G. 12, ]). ISO. 
 jurisdiclion of inferior courls, (J, l.*',, p. 180.
 
 INDTSX TO CONSTITUTION OF 1879. 595 
 
 JUDICIAL— clerks and court commissioners, Art. 6, 
 
 Sec. 14, p. 181. 
 fees and perquisites, to wbom forbidden, 6, 15, 
 
 p. 181. 
 supreme court opinions to be published, 6, 16, p. 
 
 182. 
 compensation of justices and judges, 6, 17, p. 182. 
 justices and judges inelicrible to other oftice, G, 
 
 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. 18G. 
 judges not to practice law, 6, 22, p. 186. 
 eligibility of justices and judges, G, 23, p. 186. 
 condition precedent to drawing salary, G, 24, p. 
 187. 
 JUDICIAL DECISIONS-publication of, G, 16, p. 182. 
 JUDICIAIi 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, 
 
 6, 15, p. 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 I»ROCEEDINGS— to be published in 
 
 English only. 4, 24, p. 92. 
 JURIES— local and special legislation prohibited, 4, 
 25, p. 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. 1.54. 
 of justices' courts, 6, 11, p. 175, 
 of courts Under new constitution in cases trans- 
 ferred, 22, 3, p. 3G1. 
 JUROR— no religious restriction, 1, 4, p. 6. 
 
 exclusion, for bribery, forgery, etc., 20, 11, p. 
 348.
 
 590 INDEX TO CONSTITUTION OF 1879. 
 
 JURY — in civil cases and misdemeanors number may 
 be agreed on. Art. 1, Sec. 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. 
 11. 
 
 to ascertain compensation on condemnation, 1, 
 14, p. 31. 
 
 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, 0, 1, p. 137. 
 
 number to be fixed by legislature, 6, 11. p. 175. 
 
 concurrent jurisdiction in forcible entry and de- 
 tainer, C, 11, p. 175. 
 
 and in foreclosure of liens in certain cases, G, 11, 
 p. 175. 
 
 allowed fees and perquisites, 6, 15, p. 181. 
 
 courts not abolished by new constitution, 22, 3. 
 p. .3(51. 
 JUSTICES OF SUPREME COURT— powers and 
 duties of, 6, 2, p. 1.39. 
 
 election of, G, 3, p. 143. 
 
 authority to issue writs, 6, 4, p. 144, 
 
 removal from otiice, G, 10, p. 175. 
 
 compensation of, G, 17, p. 182. 
 
 Ineligible to other office during term. G. 18, p. 
 183. 
 
 to appoint reporter, G, 21, p. 186. 
 
 not to practice law, G. 22, p. 18G. 
 
 who not eligil>l(' to office of, G. 23, p. 186. 
 
 affidavit to be taken on drawing salary, G, 24, p. 
 1.S7. 
 JUSTICES AND JUDGES— may be removed by con- 
 currt'iit resolution. G. Id, p. "175. 
 
 causes of removal to be entered on journal, G, 10, 
 p. 175. 
 
 ayes and noes to be entered, 6, 10,. p. 175. 
 
 Ineligiljle to other office. G. IS, p. 18.3. 
 
 wlio eligible to otnc(> of, G. 23, p. ISG. 
 
 compensation of, G, 17, p. 182. 
 
 not to draw salary, unless, etc.. G, 24, p. 187.
 
 INDEX TO COTS'STITUTION OF 1879. 597 
 
 LABOR— liens secured on property;, Art. 20, Sec. 15, 
 p. 349. 
 
 eight liours to constitute a clay's work on pul)lie 
 works, 20, 17, p. 352. 
 LAND AND HOxMESTEAD EXEMPTION— 17, 1, p. 
 
 333. 
 LAND MONOPOLY TO BE DISCOURAGED— 17, 2, 
 
 p. 3.34. 
 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, 13, 2, p. 308. 
 
 sectionized, liow 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 tracts 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, etc., to be pre- 
 served and pul)lished in English only, 4, 24, p. 
 92. 
 LAWS— to have uniform operation, 1, 11, p. 13. 
 
 bills of attainder and ex post facto laws prohibi- 
 ted, 1, 16, p. 41. 
 
 or law impairing obligations of contract, 1, 16, 
 p. 41. 
 
 enacting clause, 4, 1, p. G7. 
 
 to be passed by bill only, 4, 15, p. 81. 
 
 a majority of members necessary to pgss, 4, 15, 
 p. 81. 
 
 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, 7, 
 p. 126. 
 
 to embrace but one object, etc., 4. 24, p. 92. 
 
 how revi;-;od .'uid nimnidod, 4, 24, p. 92. 
 
 to be published in English only, 4, 24, p. 92.
 
 59S INDEX TO CONSTITUTION OF 1879. 
 
 LAWS— local and special acts on enumerated subjects 
 
 prohibited, Art. 4, Sec. 25, p. 99. 
 creating municipal corporations may be altered 
 
 or repealed, 11, G, 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 ABSENCE— to judicial officers, 6, 9, p. 
 
 174. 
 LEGAL DAY'S WORK— 20, 17, p. 352. 
 LEGAL HOLIDAYS— certain writs may be served 
 
 on, tj, 5, p. 154. 
 LEGALIZING OFFICIAL ACTS— by special laws 
 
 prohibited, 4, 25, p. 99. 
 LEGISLATURE— to provide for taking depositions, 
 
 1, 13, p. 17. 
 power to revoke special privileges and immuni- 
 ties, 1, 21, p. 51. 
 a department of government, 3, 1, p. 01. 
 of what composed, 4. 1, p. 67. 
 power vested in senate and assembly, 4. 1, p. 67. 
 limitation of time for introduction of bills, 4, 2, 
 
 p. 73. 
 sessions to be biennial, 4, 2, p. 73. 
 members, wlien 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 Avhat composed, 4, 5, p. 74. 
 numl)er of senators and of representatives, 4, 5, 
 
 p. 74. 
 senalurial and assembly districts, 4, 6, p. 75. 
 each house to choose i(s ollicers, 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, 
 
 9, p. 79. 
 two-thirds required to expel a member, 4, 9, p. 
 
 79. 
 to keep and publish a jounial, 4, 10, p. 79. 
 members to be privileged from arrest, 4, 11, p. 
 
 SO,
 
 IXDEX TO CONSTITUTION OF 1879. 599 
 
 LEGISLATURE— vacancies, how filled, Art. 4, Sec. 
 
 12, p. SO. 
 sessions to be open, 4, 13, 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. 
 disqualitication of member to hold certain oflB- 
 
 ces, 4, 19, p. 8(j. 
 what officers not eligible to membership, 4, 20, 
 
 p. 87. 
 to provide punishment of embezzlement and de- 
 
 fiilcation, 4. 21, p. 88. 
 to Avhat 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 embrace 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. 
 no power to authorize lotteries or gift enter- 
 prises, 4, 20, p. 112. 
 vote on elections to be viva voce, 4, 28, p. 115. 
 general appropriation bill, what to contain, 4, 29, 
 
 p. 115. 
 appropriations not to be made for sectarian pur- 
 poses, 4, oO, p. 116. 
 credit of state or subdivisions of state not to be 
 
 given or lent, 4, 31, p. 110. 
 extra compeysation for past services prohibited, 
 
 4, 32, p. 119. 
 to regulate telegraph and gas companies, 4, 33, 
 
 p. 121. 
 to regulate storage and wharfage charges, 4, 33, 
 
 p. 121. 
 special appropriation bills, what to contain, 4, 
 
 34, 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. 130. 
 power when so convened, 5, 9, p. 130.
 
 600 INDEX TO CONSTITUTION OF 1879. 
 
 LEGISLATURE— adjournment by governor. Art. 5, 
 Sec-. 11, p. 130. 
 
 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. 134. 
 
 may establish Inferior courts, G, 1. p. 137. 
 
 cannot grant leave of absence to judicial officer, 
 6, 9, p. 174. 
 
 may increase or diminish number of judges, 6, 
 9, p. 174. 
 
 may remove justice or judge, 6. 10, p. 175. 
 
 tvi'o-thirds vote required, G, 10, p. 175. 
 
 to determine number of justices of the peace, 6, 
 11, p. 175. 
 
 mav prescribe other courts as courts of record, 
 6^ 12, p. 180. 
 
 may fix jurisdiction of inferior coui'ts, 6, 13, p, 
 180. 
 
 to provide for election of supreme court clerk, 6, 
 14, p. 181. 
 
 and fix duties and compensation, 6, 14, p. 181. 
 
 may provide for appointment of coiu't commis- 
 sioners, G, 14, p. 181. 
 
 to provide for publishing opinions of supreme 
 court, G, IG, p. 182. 
 
 autliorily on conviction for treason, 7, 1, p. 188. 
 
 restriction on power, 7, 1, 188. 
 
 to provide for organization and disciplining mil- 
 itia, 8, 1, p. r.to. 
 
 to encourage dilTusion of knowledge and intel- 
 ligence, 9, 1, p. I'.t2. 
 may authorize counlies lo unite in election of 
 scliool superiiileudcnt, 9, 3, p. I'.Ki. 
 
 to provide system of common scliools, 9, 5, p. 
 194. 
 
 may establish high schools, normal scliools, etc., 
 9, G, p. VX>. 
 
 duty as to university I'unds. 9, 9. p. 199. 
 
 to classify board of prison tiircctors, 10, 1, p. 204. 
 
 ami prescribe tlieir duties. 10, 2, p. 205. 
 
 to regulate reformatory institutions, 10. 2, p. 205.
 
 INDEX TO CONSTITUTION OF 1879. 601 
 
 LEGISLATURE— to direct aiuliting expenses of 
 board, Art. 10, Sec. 4, p. 205. 
 
 to pass laws regulating their powers, 10, 5, p. 
 206. 
 
 to define powers and duties of clerk of state pris- 
 on, 10, 5, p. 206. 
 
 to provide for convict lalwr, 10, 6, p. 206. 
 
 to establish system of county governments, 11, 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. 213. 
 
 to prescribe their duties and term of office, 11, 
 5, p. 213. 
 
 and for their strict accountability, 11, 5, p. 213. 
 
 may levy taxes on municipal coi'porations, 11, 12, 
 p. 252. 
 
 cannot delegate power to commissions, corpora- 
 tions, etc., 11, 13, p. 256. 
 
 to provide for punishment for use of public funds. 
 
 11, 17, p. 250. 
 
 cannot grant charter for banking, 12, 5, p. 280. 
 not to extend franchise or remit forfeiture, J2, 
 
 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, 
 p. 280. 
 
 may remove railroad commissioner, 12, 22, p. 289. 
 
 may till vacancy in commission, 12, 22, p. 289. 
 
 may enforce forfeiture of charter for excessive 
 charges of fares and freights, 12, 23, p. 293. 
 
 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, 
 p. 312. 
 
 Constitution — 51
 
 602 INDEX TO CONSTITUTION OF 1879. 
 
 LEGISLATURE— may require annual statement un- 
 der oatli, Art. 13, See. 6, p. 312. 
 may provide for income taxes, 13, 11, p. 320. 
 may provide for a poll tax, 13, 12, p. 320. 
 to carry out taxation provisions. 13, 13, p. 320. 
 to lix penalty for failure to fix water rates, 14, 
 
 1, p. 321. 
 
 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, IG, 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. 
 
 3-11. 
 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. 
 
 34.5. 
 to direct appointment or election of certain of- 
 ficers, 20, 4, p. 346. 
 to direct bringing suits against state, 20, G, p. 
 
 347. 
 to regulate elections by general laws, 20, 11. p. 
 
 .348. 
 to provide for instilulion of state board of 
 
 health. 20, 14. p. 31!). 
 to i)r()vido for enforcement of lions of mechanics, 
 
 etc.. 20, 15, p. 349. 
 may provide for expenses of convention, 20, 19, 
 
 p. 35.3. 
 LEGISLATIVE ACT— to embrace but one subject, 4, 
 
 24. p. 92. 
 
 See Legislature; Laws.
 
 INDEX TO CONSTITUTION OF 1879. G03 
 
 LEGISLATI^ E COMMITTEE— right to inspect 
 
 books of corporation, Art. 12, Sec. 14, p. 384. 
 LEGlSTvATlVE 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 OP CONSCIENCE SECURED— 1, 4, p. 6. 
 
 licentiousness not excused, 1, 4, p. 6. 
 LIBERTY AND PROPERTY— protection of, 1, 13, 
 
 p. 17. 
 LIBERTY OP SPEECH— not to be restrained, 1, 9, 
 
 p. 11. 
 LICENSE— 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— jurisdictiou of superior courts, Art. 6, Sec. 
 5. p. 154. 
 jurisdiction of justices of the peace, 6, 2, p. 139. 
 of mechanics, materialmen, etc., 20, 15, p. ^49. 
 LIEUTENANT-GOVERNOR— liable to impeacliment, 
 4, IS, p. 85. 
 when and how to be elected, 5, 15, p. 131. 
 term of otiice, 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, 1(>, p. 132. 
 compensation of, 5, 19, p. 134. 
 LIFE, LIBERTY, AND PROPERTY— inalienable 
 rights, 1, 1, p. 2. 
 not to be deprived of without due process of law, 
 1, 13, p. 17. 
 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. 09. 
 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, G, 17, p. 182. 
 LOTTERlES-prohibited. 4, 20, p. 112. 
 LUCRATIVE OFFICE— defined, 4, 20, p. 87. 
 
 MA.TORITY— special statute cannot din-lare person of 
 age, 4, 25, p. 99. 
 of legislature to constitute a quorum, 4, 8, p. 78. 
 necessary to pass ii bill, 4. 15, p. >S1. 
 MALFEASAXtUO IN OFFICE— conviction for, a dis- 
 franchisement, 20, 11, ]). :'>48. 
 excludes from office, juries, etc., 20, 11, p. 348. 
 MANA(;i':US— of corporations, how elected, 12, 12, p. 
 
 283. 
 MANDAMUS— supreme court may issue, 6, 4, p. 144. 
 original jurisdiction in superior court, 0, 5, p. 154.
 
 INDEX TO CONSTITUTION OF 1879. G05 
 
 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, 2G. 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. 
 INIAYOR- to fill vacancy in board of supervisors, 11, 
 7, p. 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 
 of, 4, 2, p. 73. 
 to be privileged from ari-est, 4, 11, p. 80. 
 for what offices disqualified 4, 19. p. 80. 
 restriction as to power to ad.iourn, 4, 14, p. 81. 
 to vote viva voce. 4, 28, p. 115. 
 IMEMKEKS OF ASSEMBLY -when and how elected, 
 4, 3, p. 73. 
 term of otfice, 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. SO. . 
 for what offices disqualified, 4, 19, p. 80. 
 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, 23, p. 91.
 
 606 IXDEX TO COXSTITt'TIOX OF 1879. 
 
 MILITARY— subordinate to civil power, Art. 1, Sec. 
 12. p. 17. 
 standing army not to be liept in time of peace, 
 
 I, l^^p. 17. 
 
 See Militia. 
 MILITIA— no imprisonment for fines. 1. !."». p. 41. 
 organization and discipline of, 8. 1. p. 100. 
 restriction as to carrying banners or flags, 8, 2, 
 
 p. 191. 
 olficer, when not eligible to civil oflice, 4, 20, p. 
 
 87. 
 governor to be commander-in-chief, 5. 5, p. 126. 
 to sign and seal commissions. 5. 14, p. 131. 
 power of governor to call out. 8, 1, p. 190. 
 governor to remain in command of, 5, IG. p. 132. 
 exemption of electors from dxity 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. 343. 
 MISDEMEANOR- in office, provisions to be made for 
 punishment of, 4, IS, 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 stoclc bought on margin recoverable 
 
 h-.u-k. 4. 26, p. 112. 
 in liands of municipal officers to bo paid into 
 
 Treasury. 11, 16, p. 258. 
 officers using or making profit guilty of a felony, 
 
 II, 17, p. 259. 
 
 corporation can issue nolliing l)ut l.iwful money 
 
 of Ignited States. 12, 5, p. 280. 
 lial)le to taxation, 13, 1, p. 294. 
 to be applied to pa.yment of state debt. 16, 1, p. 
 
 :vM). 
 MOX(;oLIANS— See Chinese.
 
 INDEX TO CONSTITUTION OF 1879. GOT 
 
 MORTGAGES— taxation of, Art. 13, Sec. 4, p. 308. 
 
 how taxed, 13, 4, p. 308. 
 
 contract of debtor to pay tax voM, 13, 5. p. 311, 
 MUNICIPAL AFFAIRS— what are, 11, G, p. 218. 
 MUNICIPAL CORPORATION— prohibited from aid- 
 ing sect or creed, 4, 30, p. IIG. 
 
 prohibited from loaning or giving its credit, 4, 
 31, p. IIG. 
 
 shall not be created by special acts, 11, 6, p. 218. 
 
 to be organized and classified by general laws, 
 11, G. p. 218. 
 
 and subject to control of general laws, 11, 6, p. 
 218. 
 
 charter of city, how ol)taiiied, 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. 25G'. 
 
 authority to appoint inspection officers, 11, 14, p. 
 258. 
 
 private property not to be talven 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. 
 MUNK^IPAL DEBTS— liability of new counties, 11, 
 3, p. 208. 
 
 private property not to be talieu for, 11, 15, p. 
 258. 
 
 restriction on power to incur, 11, 18, p. 2-59. 
 MUNICIPAL FINE— appellate jurisdiction of su- 
 preme court, 6, 4, p. 144. 
 
 original jurisdiction of supei'ior court, 6, 5, p. 154. 
 MUNICIPAL OFFICERS— election or appointment 
 of, 11, 5, p. 213. 
 
 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. 2.58. 
 MUNICIPAL TAXES— power delegated to municipal- 
 ity, 11, 12, p. 252.
 
 G08 INDEX TO CONSTITUTION OF 1879. 
 
 NAMES— change of, special legislation prohibited. 
 
 Art. 4, Sec. 25, p. 99. 
 NATURALIZATION— power of superior court, G, 5, 
 
 p. l.'')4. 
 NAVIGABLE WATERS- harbor frontages as, ir>, 1, 
 
 p. 328. 
 to be protected, 15, 1, p. 328. 
 NAA'IGATION— 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, G, 17, p. 182. 
 NEW COUNTIES- restrictions on formation of, 11. 3, 
 
 p. 208. 
 NONJUDICIAL DAYS— certain writs served on, G, 
 
 5, p. 154. 
 NORMAL SCHOOL— may be established by legisla- 
 ture, 9, G, p. 195. 
 NOTICE— of meeting for increase of corporate stock, 
 
 12, 11. p. 182. 
 NUISANCES — appellate jurisdiction of supreme 
 
 court, G, 4, p. 144. 
 original jurisdiction of superior court, G, 5, p. 154. 
 
 OATH OR AFFIDAVIT— to sustain issue of war- 
 rants, 1, 19, p. 50. 
 of senators on trial by impeacliment, 4, 17, p. 84. 
 to be tal^iMi by justices and Judges on drawing 
 
 salary, (J, 24, p. 187. 
 form of oath of office, 20, 3, p. ;i45. 
 OATH OF OFFKE -member of legislature to take, 
 20, 3, p. 345. 
 form of oalli of office. 20. 3. p. .345. 
 executive and judicial officers to take, 20. 3, p. 
 345. 
 OBLIGATIONS— of contract not to be impaired, 1, 
 IG. p. 41. 
 existing, unaffected by adoption of new constitu- 
 tion, 22, 2. p. 3(!1. 
 OFFENSES — to be prosecuted by indictment or in- 
 formation, 1, 8. p. 10. 
 no person to l>e jtnt twic(> in jeopardy. 1, 3, p. 5. 
 right of trial by jury secured, 1, 7, p. 8.
 
 INDEX TO CONSTITUTION OF 1879. 609 
 
 OFFENSES— impeacbmeut of officer for, Art. 4, Sec. 
 18, p. 8.".. 
 
 power of JTOvernor 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. 
 
 wl)o 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. 120. 
 
 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, 10, p. 350. 
 
 terms of, when to commence, 20, 20, p. 353. 
 
 hereafter created to be subject to legislative di- 
 rection, 20, 4, p. 346. 
 OFFICE 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, 
 33, p. 121. 
 
 who impeachable, 4. 18, p. 85. 
 
 of departments to furnish information to execu- 
 tive, 5, 0, p. 126. 
 
 of United States not eligible for governor, 5, 12, 
 p. 131. 
 
 of militia elected and appointed pursuant to law, 
 8, 1, p. 190. 
 
 to be commissioned by governor, 8, 1, p. 190.
 
 610 INDEX TO CONSTITUTION OF 1879. 
 
 OFFICER— of city, comity, or town, term of ofl3ce 
 and compensation, Art. 11, Sec. 9, p. 240. 
 using or malviug protit out of public money a 
 
 felony, 11, 17, p. 259. 
 of corporation, residence to be entered in books, 
 
 12, 14, p. 2S4. 
 not to be interested in furnishing supplies, etc., 
 
 12, 18, p. 287. 
 of state, acceptance of free passes a forfeiture 
 
 of office, 12, 19, p. 2S8. 
 of corporation, fined and imprisoned for extor- 
 tion, 12, 22, p. 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. 340. 
 Avlien 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. 360. 
 OFFICIAL ACTS— cannot be validated by special 
 acts, 4, 25, p. 99. 
 record to be kept, 5, 18, p. 134. 
 OFFICIAL OATH— 20, 3, p. 345. 
 
 OPINIONS OF SUPREME COURT— to be published^ 
 6, 16, p. 182. 
 free for publication by anyone, 6, 16, p. 182. 
 OUDINANCE— to fix water rates, 14, 1, p. 321. 
 OUCANIZATION— of supreme court, 6, 2, p. 139. 
 of superior court, 6, (!, p. 170. 
 of munlciiial corporations, 11, 6, p. 218. 
 ORIGINAIi J URISDICTION— of superior court, 6, 5, 
 
 p. 154. 
 ORPHANS— State may provide for support of, 4, 
 22, p. 88. 
 
 PARDON— power of goveruor to grant, 7, 1, p. 188. 
 
 reslriction on power, 7, 1, p. 1S8. 
 PARKS— special Icgisl.iliou iwohibited, 4, 2.5, p. 99. 
 PARTIES— corporations may sue and be sued, 12, 4, 
 
 p. 279. 
 I'AUPERS— 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 l»ill Iteeomes a law, 4, 16, p. 82. 
 PAYMENT OF TAX-by iustallments, 13, 7, p. 312. 
 PEACE AND SAFETY— to be secured, 1, 4, p. 6. 
 PENALTIES— cannot be remitted by special legisla- 
 tion, 4, 25, p. 9t). 
 for absence of member of legislature. 4, 8, p. 78. 
 on transportation companies for excessive 
 
 charges, 12, 22, p. 289. 
 legislature may prescribe additional, 12, 22, p. 
 
 289. 
 of supervisors for neglect to fix water rates, 14, 
 
 1, p. 321. 
 for unduly influencing elections, 20, 11, p. 348. 
 PEOPLE— 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, 23, 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, 11, p. 348. 
 PERPETUITIES— prohibited, except for certain pur- 
 poses, 20, 9. p. 348. 
 PERSONAL AND PROPERTY RIGHTS— securitv 
 
 of, 1, 13, p. 17. 
 PP:TITI0N— 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 COXSTITUTION 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. 28L 
 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. IIG. 
 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 ASSE]MBLIES— rights of citizens, 1, 10. 
 
 p. 12. 
 POSSESSION OF PROPERTY— rights of foreigners. 
 
 L 17, p. 48. 
 POSTMASTER— when may hold civil office, 4, 20, p. 
 
 87. 
 POWERS OF GOVERNMENT— how distributed, 3, 
 1. p. 61. 
 legislative, where vested, 4, 1, p. 67. 
 executive, where vested, 5, 1, p. 124. 
 judicial, Avhere vested, 6, 1, p. 137. 
 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 
 
 grant, 13, 6, p. 312. 
 PRACTICE IN COURTS— local an 1 special legisla- 
 tion i)rohibited, 4. 25, p. 91». 
 PREA^MRLE— to constitution, 1, 1, p. 2. 
 I'RESIDENT OF SENATE— who is, 5, 15, p. 131. 
 pro tempoi'e, when to act as governor, 5, 15, p. 
 131. 
 PRESIDING .lUDGE— to be chosen, G, 6. p. 170. 
 
 duties of, 6, 6, p. 170. 
 PRESS— lilK'rty of. secured. 1, 9, p. 11. 
 IMU.MARY ELECTIONS— provision for, 2, 21/4, p. 58. 
 I'RINCII»AL PLACE OF BUSINESS— of corpora- 
 tions to be maintained, 12, 14. p. 284. 
 PRINTlNCJ-bills to be printed, 4, 15, p. SI.
 
 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. 51. 
 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, 
 
 5, 9, p. 130. 
 
 on revision of constitution, 18, 2, p. 338. 
 on computation of votes on new constitution, 22, 
 9, p. 305. 
 PROFESSION— sex not to disqualify from pursuit 
 
 of, 20, 18, p. 352. 
 PROHIBITION— jurisdiction of supreme court, 6, 4, 
 p. 144. 
 of superior courts, 6, 5, p. 154. 
 certain writs may be served on holidays and non- 
 judicial days, G, 5, p. 154. 
 of introduction of Chinese, 19, 4, p. 342. 
 PROHIBITORY — provisions of constitution, when, 1, 
 
 22, p. 52. 
 PROMOTION— of intellectual improvement, 9, 1, p 
 
 192. 
 PROPERTY— right to acquire, possess, and defend, 
 1, 1, p. 177. 
 persons not to be deprived of without due pro- 
 cess of law, 1, 13, p. 17. 
 not to be taken or injured for public use, etc., 1, 
 14, p. 31. 
 
 Constitution— 52
 
 614 INDEX TO CONSTITUTION OF 1879. 
 
 PROPERTY — cannot be exempted by special legisla- 
 tion, Art. 4, Sec. 25, p. 99. 
 liability to taxation, what includes, 13, 1, p. 194. 
 PROPERTY QUALIFICATION— not to be required 
 
 to vote or liold ofRce. 1. 24, p. 53. 
 PROSECUTIONS— to be conducted in name of peo- 
 ple, G, 20, p. 185. 
 existing unaffected by adoption of new constitu- 
 tion, "22, 2. p. 3G1. 
 right of trial by jury secured, 1, 7, p. 8. 
 rights of party accused, 1, 13, p. 17. 
 PROTECTION— from alien paupers, criminals, etc., 
 
 19, 1. p. 340. 
 PROVISIONS OF CONSTITUTION— mandatory 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. 
 maliing profit on, or using, a felony, 11, 17, p. 
 259. 
 PUBLIC GRANTS— power to tax not to be surren- 
 dered or suspended, 13, 6, p. 352. 
 PUBLIC GROUNDS— special legislation prohibited, 
 
 4. 25. p. 09. 
 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. 104. 
 what to include, 9, 6, p. 195. 
 property exempt from taxation, 13. I, p. 204. 
 PUBLIC USE— in eminent domain defined, p. 195. 
 legislative discretion, p. 19(). 
 water riglits declared for, 14. 1. p. 321. 
 PUBLIC WORKS— on streets of city, provisions con- 
 cerning, 11, 19, p. 2(i5. 
 Chines(> 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, 
 
 6, p. 7. 
 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, G, 23, p. 186. 
 of judges of superior courts, 0, 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- 
 ing, 1, 12, p. 17, 
 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 stockliolder, creditor, agent, or employee, 12, 
 
 22, p. 289. 
 powers and duties of, 12, 22, p. 289. 
 to proscribe uniform system of lieeping accounts, 
 
 12, 22, p. 289. 
 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! 21.', p. 289. 
 to examine books, etc., 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, 
 
 p. 289. 
 to r^'port 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. 28(). 
 may intersect, connect, or cross other railroads, 
 
 12, 17, p. 28(5. 
 delay and discrimination prohibited. 12, 17, p. 
 
 28(>. 
 officer, agent, or em])loy(M^ not to be interested in 
 
 furnisliing with in:iterials and supplies, 12, 18, 
 
 p. 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 com1)ine witli c;>rriers to share earnings 
 
 in certain cases, 12, 20, i). 288. 
 rates when IowohmI cannot be rai-'ed without 
 
 consent of govcrniiK-nt, 12, 20, p. 288.
 
 INDEX TO CONSTITUTION OF 1879. 617 
 
 RAILROAD COMPANIES— government to regulate 
 fares and freights, Art. 12, See. 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 officei's of company, 12, 
 
 22, p. 289. 
 
 exemplary damages for excessive charges, 12, 22, 
 
 p. 289. 
 temporary districts, 12, 23, p. 293. 
 legislature to enforce provisions, 12, 24, p. 293. 
 property of, how assessed, 13, 10, p. 318. 
 apportionment of values, 13, 10, p. 318. 
 RAILROAD DISTRICTS— state to be divided into 
 three, 12, 22, p. 289. 
 temporary allotment, 12, 23, p. 293. 
 RAILROADS— how assessed for taxation, 13, 4, p. 
 
 308. 
 RATES OP CHARGES— by corporations, regulation 
 of, 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- 
 tion, 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 1S79. 
 
 RECOGNIZANCES— Obligations, etc., unaffected by 
 adoption of new constitution, Art. 22. Sec. 2, 
 p. 301. 
 RECOMMENDATIONS— to be made by governor at 
 
 every session, 5, 10, p. 130. 
 RECORD — of official acts to be kept by secretary of 
 state, 5, 18, p. 534. 
 to be kept by railroad companies, 12. 22, p. 280. 
 RECORDER OF DEEDS— duty as to city charters, 
 
 11, 8, p. 227. 
 REDRESS OF GRIEVANCES— right of petition, 1. 
 
 10, p. 12. 
 REFORMATORY 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, etc., companies, 4, 33. 
 
 p. 121. 
 of fares and freights on railroads, 12, 22, p. 280. 
 REGISTRAR— of voters, in San Francisco, duty of, 
 
 22, 6, p. 3(54. 
 RELATION— of state to American Union. 1, 3, p. 5. 
 RELEASE OF DEBT Oil 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- 
 
 hi))itod. 4, 22, p. 88. 
 aid to sect and creed prohibited. 4, 30, p. 116. 
 RELIGIOUS FREEDOM— guaranteed, 1, 4, p. 0. 
 RELIGIOUS SECT— appropriations prohibited, 4, 30. 
 
 p. 116. 
 RELIGIOUS TEST— not required of witness or 
 
 juror, 1, 4, p. 2. 
 RELIGIOUS WORSHIP— property used for, exempt 
 
 from taxation, 13, li/>. p. 307. 
 REMEDIES— when cannot be impaired, p. 43. 
 REMOVAL— of judicial oftir-er. 0, 10. p. 136. 
 of Chinese from cities or towns, 19, 4, p. 342. 
 of supremo court reporter, (5, 21, p. 186. 
 of i)rcsi(liiig Judge in San Francisco, 6, 6, p. 170. 
 REI'RESENTATION- in legislature, 4, 0, p. 75.
 
 INDEX TO CONSTITUTION OF 1879. 619 
 
 REPORTER OF SUPREME COURT— appointment 
 of, Art 6, Sec. 21, p. 18G. 
 salary and term of office, G, 21, p. 18G. 
 REPRIEVES— 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. 
 
 132. 
 RETROSPECTIVE STATUTES— validity of, p. 45. 
 RETURN— of bill by governor, 4, 16, p. 82. 
 RETURNS OF ELECTION— for governor, 5, 4, p. 125, 
 
 on revision of constitution, 18, 2, p. 338. 
 REVENUE AND TAXATION— 13, 1, p. 294. 
 
 property to be taxed in proportion to its value, 
 
 13, 1, p. 294. 
 
 property to include money, credits, bonds, etc., 
 13, 1, p. 294. 
 
 what property exempt, 13, 1, p. 294. 
 
 deduction from credits of debts due residents of 
 state, 13, 1, p. 294. 
 
 lands and improvements to be separately as- 
 sessed, 13, 2, p. 308. 
 
 lands similarly situated and of equal value to be 
 assessed at same value, 13, 2, p. 308. 
 
 to be assessed by sections and fractions of sec- 
 tions, 13. 3, p. 308. 
 
 mortgage, deed of trust, etc., deemed an interest 
 in property, 13, 4, p. 308. 
 
 exceptions in favor of railroads and other quasi 
 corporations. 13, 4, p. 308. 
 
 tax a lien on property and securities, 13, 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, 13, 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, 
 13, 6, p. 311.
 
 G20 INDEX TO CONSTITUTION OF 1879. 
 
 REVENUE AND TAXATION— legislature may pro- 
 vide for payment by installments. Art. 13, Sec. 
 7, p. 312. 
 
 See Assessment; Taxation. 
 REVISION OF CONSTITUTION— IS, 1, p. 337. 
 
 two-thirds vote of eacb house necessary to com- 
 mand, 18, 2, p. 338. 
 
 convention for revision, when to be elected, 18, 
 2, p. 338. 
 
 of what to consist, IS, 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 declare result, 18, 2, p. 338. 
 
 majority of votes required to ratify, IS, 2, p. 338. 
 RIGHTS— inalienable, 1, 1, p. 2. 
 
 of witnesses, 1, 6, p. 7. 
 
 to bail, 1, 6, p. 7. 
 
 right of free assemblage, 1. 10. p. 12. 
 
 of accused in criminal proceedings, 1, 13, 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, 23, 
 p. 53. 
 
 right of suffrage, 2, 1, p. 54. 
 
 Chiuese excluded from, 2, 1, p. 54. 
 
 privilege of electors, 2, 2, p. 57. 
 
 from military duty, 2, .3, p. 59. 
 RIGHT OF AVAY— apl>roi)riation of, 1, 14, p. 31. 
 
 on navigable waters not to be obstructed, 15, 2, 
 p. 328. 
 ROADS— local and special legislation prohibited, 4, 
 
 25. p. 99. 
 RULES OF PROCEEDING- each house to regulate, 
 4, 9, p. 79. 
 
 SABBATH— ijower to regulate observance of. pp. 
 
 4. 6. 
 SACRAMENTO— the seat of governnuMit, 20, 1, p. 
 .343. 
 two superior judges to be elected, 0, G, p. 170. 
 salary of, (>, 17, p. 182. 
 S.\FF/rv AND II. MTl NESS— right to pursue, 1, 1, 
 p. 2.
 
 INDEX TO CONSTITUTION OF 1879. 621 
 
 SALARIES — of officers, special legislation prohibited. 
 Art. 4, Sec. ::.">, ]). !»!). 
 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, (i. 17, p. 182. 
 of judges of superior court, 6, 17, p. 182. 
 half to be paid by state and half by county, 6, 
 
 17, p. 182. 
 of reporter of supreme court, 6, 21, p. 18G. 
 of justices and judges, conditions precedent to 
 
 drawing of, G, 24. p. 187. 
 of superintendents of public instruction, 9, 2, p. 
 
 193. 
 of railroad commissioners, 12, 22, p. 289. 
 SAN FRANCISCO— to have twelve superior judges, 
 6, G, p. 170. 
 one to be eiiosen to preside, 6, 6, p. 170. 
 salary of, G, 17, p. 182. 
 sessions of sui)erior courts, 6, G, p. 170. 
 SANITARY REUULATIONS— city, county, or town 
 
 may enforce, 11, 11, p. 242. 
 SAN JOAQUIN— to have two superior judges, 6, 6, p. 
 170. 
 salary of, G, 17, p. 182. 
 SANTA CLARA— to have two superior judges, 6, 6. 
 p. 170. 
 salary of, G, 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, 
 p. 259. 
 SCHOOL FUNDS— proceeds of land sold, etc., to con- 
 stitute, 9, 4, p. 193. 
 applied exclusively to primary and grammar 
 
 schools, 9. G, p. 195. 
 poll tax to be paid into, 13, 12, p. 320. 
 SCHOOL LANDS— sale of, 9, 4. p. 193. 
 SCIENTIFIC IMRROVEMENT-to be promoted, 9, 
 
 1, p. 192. 
 SEAL OF STATE— in custody of governor, 5, 13, 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 GOA'ERNMENT— at Sacramento, 20, 1, p. 
 343. 
 provision for change of, 20, 1, p. 343. 
 SECRETARY OF STATE— subject to impeachment, 
 4, 18, p. 85. 
 to countersign grants and commissions, 5, 14, p. 
 
 131. 
 mode and time of election of, 5, 17, p. 133. 
 term of office, 5, 17. p. 133. 
 to keep record of official acts, 5, 18, p. 134. 
 duties of, 5, 18, p. 134. 
 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, 5, p. 3G3. 
 SECTARIAN INFLUENCES — university excluded 
 
 from, 9, 9, p. 199. 
 SECTARIAN PURPOSES — appropriations prohib- 
 ited, 4, 30, p. 116. 
 SECTARIAN SCHOOLS— to receive no public aid, 
 
 9, 8, p. 199. 
 SECURITIES— taxation of, 13, 4, p. 308. 
 how assessed, 13, 4, p. 308. 
 
 contract of debtor to pay tax void. 13, 5, p. 311. 
 SECURITY— from unreasonable searches and seiz- 
 ures, 1, 19, p. 50. 
 SEIZURES— unreasonable prohibited, 1, 19, p. 50. 
 SENATE— legishilive powers vi'sted in, 4, 1, p. 67. 
 number of meml)ers of, 4, .'3. p. 74. 
 a court of impeacliment, 0. 1, p. 1.37. 
 may remove justices or judges, G, 10, p. 175. 
 SENATORS— when and how chosen, 4, 4, p. 74. 
 term of office, 4, 4, p. 74. 
 iiuiiitx'r of 4, 5, p. 74. 
 allotment of, 4, 5, p. 74. 
 to try all iinpeaclniK'nls. (">, 1, p. 1.37. 
 to be on oalli. 4, 17. p. Si. 
 for what offices dis(iualili(>d, 4, 19, p. 80. 
 to be under oatli or allirinntion, 0, 1, p. 137.
 
 INDEX TO CONSTITUTION OF 1871). G23 
 
 SENATOR OF UNITED STATES— governor dis- 
 qualified for, Art. 5, Sec. 20, p. 135. 
 SENATOKIAL AND ASSEMBLY DISTRICTS— divi- 
 sion of state, 4, 6, p. 75. 
 SENTP]N('E— power of governor to suspend execu- 
 tion of. 7. 1, p. 188. 
 SEPARATE PROPERTY— of husband and wife, 20, 
 
 8, p. 347. 
 SERVANT OF STATE— not to receive extra compen- 
 sation. 4, 32, p. 119. 
 SESSIONS OF LEGISLATURE— when to commence, 
 4, 2, p. 73. 
 limitation of, 4, 2, p. 73. 
 to be open, except, 4, 13, p. 81. 
 of superior courts, 6, 7, p. 173. 
 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, 
 p. 199. 
 SHARES OF STOCK— contracts for sale on margin 
 void, 4, 20, p. 112. 
 legislature may regulate purchase and sale of, 
 
 4, 20, p. 112. 
 
 SHERIFF— legislature to provide for election of, 11, 
 
 5. p. 213. 
 
 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, 
 
 I. 12, p. 17. 
 
 SONO.MA— two supei-ior judges to be elected, 6, 6, p. 
 170. 
 salary of judges, G, 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, 
 p. 99. 
 
 SPECIAL ASSESSMENTS— for city improvements, 
 
 II, 19, p. 205.
 
 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, 2.5, p. 99. 
 prohibited wliere general laws apply, 4. 25, p. 99. 
 SPECIAL PRIVILEGES AND IMMUNITIES— 
 restriction on grant, 1, 21, p. 51. 
 when validity to cease, 12, 0, p. 280. 
 SPECIAL RIGHTS— cannot be granted by special 
 
 acts, 4, 25, p. 99. 
 SPECIAL SESSIONS— of legislature, how convened, 
 5, 9, p. 129. 
 power to act in, 5, 9, p. 129. 
 SPECIAL STATUTE— not to create municipal cor- 
 poration, 11, G, p. 218. 
 STANDING AR:\IY— not to be kept in time of peace, 
 
 1, 12, p. 17. 
 STATi:— a part of the Union, 1, 3, p. 5. 
 police powers of, p. 71. 
 subdivision into senatorial and assembly districts, 
 
 4, G, p. 75. 
 authority over institutions supported by state aid. 
 
 4. 22, p. 88. 
 prohibited to subscribe for corporation stock, 4, 
 
 .*?1, p. IIG, 
 not to loan its credit, 12, 13, p. 283. 
 nor sul)scribe for corporation stock, 12, 13. p. 28.3. 
 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 riglifs, 14, 1, p. 321. 
 suits against, 20, G, p. .347. 
 iKHindni-y of, 21, 1, p. .'>.">. 
 STATi; I'.O.'VRD OF EQUALIZATION— constitution 
 of, 13, 9, p. 313. 
 election, qualilication, and term of otlice, 13, 9, p. 
 
 ;',i3. 
 
 duties of office, 13, 9, p. 31.3. 
 
 to assess railroads and tlieir property, 13, 10, p. 
 318.
 
 INDEX TO CONSTITUTION OF 1879. 025 
 
 STATE BOARD OF HEALTH— legislature to pro- 
 vide for, Art. 20, Sec. 14, p. 345J. 
 STATE CONSTITUTIONS— detined, p. vii. 
 
 interpretation and construction, p. vii. 
 
 construction of terms, p. vii. 
 
 provisions, mandatory and prohibitory, 1, 22, p. 
 52. 
 STATE CONTRACTS— power of taxation not to be 
 
 surrendered, 13, 0. p. 312. 
 STATE INDEBTEDNESS— restriction on power of 
 lesislature, 16, 1, p. .330. 
 
 limit to aggregate debt, IG, 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- 
 tlers, 17, 3, p. 334. 
 
 parcels not to exceed three hundred and twenty 
 acres, 17, 3, p. 334. 
 STATE OFFICERS— subject to impeachment, 4, 18, 
 p. 85. 
 
 election and term of office, 5, 17, p. 133. 
 
 compensation of, 5, 1".>, p. 134. 
 
 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 vacanc.v, 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 tlieiu 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 COXSTITUTION OF 1879. 
 
 STATE SCHOOL TAX— to be applied exclusively to 
 primary aud grammar schools, Art 9, Sec. 6. 
 p. 195. 
 STATE TAXES— municipal corporations not to be re- 
 leased, 11, 10, p. 241. 
 
 See Revenue and Taxation. 
 STATEMENT OF liECEIPTS AND EXPENDI- 
 TURES TO BE PUBLISHED— 4, 22, p. 88. 
 of taxable property to be made, 13, 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. 
 constitutionalitv of, p. xiv. 
 STOCK OF CORPORATIONS— state prohibited 
 from subscribing for, 4, 31, p. 11 G. 
 not to be issued except for money, labor, etc., 
 
 12, 11, p. 282. 
 fictitious increase to be void, 12, 11, p. 282. 
 state not to be interested in, 12, 13, p. 28.'5. 
 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 EXCHANGE— to be subject to control of 
 
 legislature, 4, 26, p. 112. 
 STOCK .MARKET— legislature to control sales of 
 
 stocks, 4, 26, p. 112. 
 STOCKHOLDER— Incompetent to appointment to 
 regulate cliarges, 4, 33, p. 121. 
 individual and personal liability of, 12, 3, p. 274. 
 rights on voting for managers or directors, 12, 
 
 "^12, p. 283. 
 to have free access to books, etc, 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— sul)S(ripl ion to l»e kept In 
 
 l)Ooks, 12, 14, p. 284. 
 STOCKS— taxable, 13, 1. p. 204. 
 STORAGE— cliarges to be regulated by legislature, 
 
 4, .3.3, p. 121. 
 STREET ASSESSMENTS— pp. 20, 40. 268.
 
 INDEX TO CONSTITUTION OF 1879. 627 
 
 STREETS— proceedings for improvement of, Art. 11, 
 
 Sec. 19, p. 2()5. 
 estimate of costs and expenses, 11, 19, p. 265. 
 assessment in proportion to benefits, 11, 19, p. 
 
 265. 
 to be first collected and paid into treasury, 11, 
 
 19, p. 265. 
 may be used by gas and water companies, 11, 
 
 19, p. 265. 
 
 municipality to regulate rates for gas and water, 
 
 11, 19, p. 265. 
 
 STREETS AND ALLEYS— local and special legisla- 
 tion proliibited, 4, 25, p. 99. 
 
 STUDENT— absence not to prejudice right to vote, 
 2, 4, p. 59. 
 
 STYTiE— of process, 6, 20, p. 185. 
 
 SUB.JECT OF ACT— to be embraced in title, 4, 24, 
 p. 92. 
 
 SUBSCRIPTION— to stock to be entered on books, 
 
 12, 14, p. 81. 
 
 SUCCESSION— 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 oflicer, 9, 3, p. 193. 
 to be elected, 9, 3, p. 193. 
 when elected, 22, 10, p. 366. 
 salarv, 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. 193. 
 two or more counties may unite, 9, 3, p. 193. 
 SUPERINTENDENT OF STREETS— control of use 
 of streets, 11, 19, p. 265.
 
 62S INDEX TO CONSTITUTION OF 1879. 
 
 SUPERIOR COURT— invested with judicial power, 
 
 Art. 6, Sec. 1. p. 137. 
 appellate jurisdiction of, 6, 5, p. 154. 
 jurisdiction of, 6, 5, p. 154. 
 power of naturalization, G, 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, G, 5, p. 154. 
 for each county, 0, G, 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, G, 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, G, 14, p. 181. 
 salary of, when payable, G, 17, p. 182. 
 judges not eligil)le for other otlice, G, 23, p. 187. 
 not to practice law, G, 22, p. 187. 
 SUI*P]RVISORS— legislature to provide for election 
 
 of, 11, 5, p. 213. 
 classification of, 11. 7, p. 225. 
 constitute county boards of equalization, 13, 9, 
 
 p. 352. 
 duties and authority of, 13, 9, p. 313. 
 duty as to coiiiuiou scliools, 9, 7, p. 19G. 
 as to exaaiination of teachers, 0, 7, p. 196. 
 to fix water rates, 14, 1, p. 321. 
 compulsory process on failure, 14, 1, p. 321, 
 SUPREME COITRT— invested with judicial powers, 
 
 G, 1, p. 137. 
 to consist of chief Justice and six justices, 6, 2, 
 
 p. i;!9. 
 may sit in departments or in bank, G, 2, p. 139. 
 to 1)0 always open, G, 2, p. 139. 
 to be divided into departments on(> and two, 6, 
 
 2, p. 1 :;'.». 
 justices to 1)0 assigned, G. 2, p. l.'U). 
 competent to sit in (>itlier department, 6, 2, p. 139. 
 may freely interdiange, G, li. j). 1:19. 
 each de])artmen1 lo hear and determine causes, 
 
 G, 2, p. 139. 
 thi-ec jusliccs necessary to act, G, 2, p. 139.
 
 INDEX TO CONSTITUTION OF 1879. 029 
 
 SUPREME COURT— justice may act at chambers, 
 
 Art. 6, Sec. 2, p. 139. 
 concurrence of three necessary to judgment, 6, 
 
 2, p. 139. 
 chief justice to apportion business, 6. 2, p. 139. 
 may order question heai'd in banli, G, 2, p. 139. 
 either before or after judgment, 0, 2, p. 139. 
 order to be made within thirty days, G, 2, p. 139. 
 and concurred in by two justices, 6, 2, p. 139. 
 its effect is to vacate judgment, G, 2, p. 139. 
 four justices may order hearing in bank, G, 2, p. 
 
 139. 
 judgment final if order not made in time, G, 2, p. 
 
 139. 
 judgment by department not final till thirty days, 
 
 G, 2, p. 139. 
 unless approved by chief justice and two jus- 
 tices, G, 2, p. 139. 
 chief justice may convene court in bank at any 
 
 time, G, 2, p. 139. 
 to preside, G, 2, p. 139. 
 concurrence of four necessary for judgment, 6, 
 
 2, p. 139. 
 
 if four do not concur all qualified must sit, 6, 2, 
 
 p. 139. 
 and concurrence of four necessary to judgment, 
 
 G, 2, p. 139. 
 decisions in all cases to be in writing, 6, 2, p. 139. 
 and grounds to be set forth, 6, 2, p. 139. 
 chief justice may preside in either department, 
 
 G, 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. 143. 
 
 term of oflice, G, 3, p. 143. 
 
 justices first elected to classify by lot, 6, 3, p. 
 
 143. 
 so as to vacate two seats every four years, G. 3, 
 
 p. 143. 
 entry of clas^ifi'T-ation on minutes, G, 3, p. 14.3. 
 and to be filed with secretary of state, 6, 3, p. 
 
 143.
 
 GoO INDEX TO CONSTITUTION OF 1879. 
 
 SUPREME COURT— iu case of vacancy governor to 
 appoint, Art. G, See. 3, p. 143. 
 
 first election under new constitution, 6, 3, p. 143. 
 
 opinions to be publislied, G, IG, p. 182. 
 SURVEYOR GP:NERAL— subject to impeachment, 
 4, 18, p. 85. 
 
 mode and time of election, 5, 17, p. 133. 
 
 compensation of, 5, lU, p. 134. 
 
 legislature may abolish office, 5, 19, p. 134, 
 SUTTP::R— a superior judge to be elected, G, G, p. 170. 
 
 salary of judge, G, 17, p. 182. 
 
 TAX— appellate jurisdiction of supreme court, 6, 4, 
 p. 144. 
 
 orisinal jurisdiction of superior court, 6, 5, p. 
 154. 
 
 commutation of prohibited, 11, 10, p. 241. 
 
 assessment and collection by municipal corpora- 
 tions, 11, 12, p. 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 township organiza- 
 tion, 11, 4, p. 211. 
 
 for municipal purposes, restriction of legislature, 
 n. 12, p. 252. 
 
 municipal corporations may be invested with 
 powers of. 11. 12, p. 252. 
 
 to be in proportion to values. 13, 1, p. 328. 
 
 what i)r()perty Taxable, ]). 297. 
 
 valuation of property, p. 302. 
 
 for public improvements, p. 29!». 
 
 assessment according to value, p. 302. 
 
 exemption from, p. 300. 
 
 licenses, pp. 250, 2.54. 
 
 land and improvements to be separately as- 
 sessed, 13. 2, p. 308. ' 
 
 of sectionized and unsectionized lands, 13, 3, p. 
 308. 
 
 securities taxal)le, 13, 4, p. 308. 
 
 a lion on property and securities, 13, 4, p. 308. 
 
 contract to i)iiy tax on lo.-iii void, I."'., 5, p. 311. 
 
 power of. cannot be surrendered in grant or con- 
 tract, 13, G, p. 312.
 
 INDEX TO CONSTITUTION OF 1879. 631 
 
 TAXATION— payment by installments, Art. 13, Sec. 
 
 7, p. 312. 
 
 sworn statement to be given annually, 13, 8, p. 
 
 312. 
 of property held at a certain day and hour, 13, 
 
 8, p. 312. 
 
 state board of equalization to be eleeled, 13, 9, 
 
 p. 313. 
 county board of equalization, who constitute, 13, 
 
 9, p. 313. 
 
 duties of board, 13, 9, p. 313. 
 
 property, where assessed, 13, 10, p. 318. 
 
 state board to assess property of railroads in 
 
 more than one county, 13, lU, p. 318. 
 and apportion amount among the counties, 13, 
 
 10, p. 318, 
 
 in proportion to number of miles in each, 13, 10, 
 
 p. 318. 
 income taxes may be assessed, 13, 11, p. 320. 
 annual poll tax may be levied, 13, 12, p. 320. 
 lesfislature to carry out constitutional provisions, 
 ^3, 13, p. 320. 
 See Assessment; Revenue and Taxation. 
 TAXPAYER— statement, when to be made, 13, 8, p. 
 
 312. 
 TEACtlERS— examination under control of local 
 boards, 9, 7, p. 19G. 
 certificates on examination, 9, 7, p. 190. 
 TECHNICAL SCHOOLS— may be established, 9, 6, 
 
 p. 196. 
 TELEGRAPH COMPANIES— legislature may regu- 
 late charges, 4, .33, p. 121. 
 TEN DAYS— after session given for approval of bill, 
 
 4, 16, p. 82. 
 TERM OF OFFICE— of assemblymen, 4, 3, p. 73. 
 of senators, 4, 4, p. 74. 
 of governor, 5, 2, p. 125. 
 of lieutenant-governor, 5, 15, p. 131. 
 of state ofiicers, 5, 17, p. 133. 
 of justices of supreme court, 6, 3, p. 143. 
 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, Sec. 
 
 5, p. 213. 
 of city, couiity, and township officers, 11, 9, p. 
 
 210.' 
 of county officers not to be extended, 11, 9, p. 
 
 240. 
 of railroad commissioners, 12, 20, p. 288. 
 of state board of equalization, 13. 9, p. 213. 
 not herein provided to be declared by law, 20, 16, 
 
 p. 350. 
 not to exceed four years under statute, 20, 16, 
 
 p. 350. 
 when to commence, 20, 20, p. 353. 
 at tirst election, 20, 20, p. 353. 
 TEST— not required as a qualitication for office, 20, 
 
 3, p. 345. 
 
 TESTIMONY— on prosecution for lobbying, 4, 35, p. 
 
 122. 
 TEXT-BOOKS— shall be adopted by local boards, 9. 
 7, p. 196. 
 not to be changed within four j^ears, 9, 7, p. 196. 
 THREE-FIFTHS VOTE— 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 ti( kets prohibited to state officers, 12, 19, 
 
 p. 265. 
 exception as to railroad commissioners, 12, 21, p. 
 2.S9. 
 TIDE EANDS— 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. 
 TULIjS— .'ipp(>llate jurisdiction of supreme eourt, (i, 
 
 4, p. 144. 
 
 original jurisdiction of superior court, 6, 5, p. 
 
 154. 
 TORTS- imiirisonment for, 1, 15, p. 41. 
 TOWN COFNClL-to fix water rates annually, 14, 
 
 1, p. .321. 
 TOWN (lOVEUX.ME.XTS— p. 212. 
 TOWN I'l.ATS spwial legislation proliihited, 4, 25, 
 
 p. 99.
 
 INDKX TO CONSTITUTION OF 1879. G33 
 
 TOWNS— may make police or sanitary regulations, 
 Art. 11. Sec. 11, p. 242. 
 legislature may vest power of taxation in, 11, 
 
 12, p. 252. 
 to appoint inspection oflicers, 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. 
 liabililies of, when void, 11, 18, p. 259. 
 mav 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 laAvs, 11, 4, p. 211. 
 assessment and collection of revenue, 11, 4, p. 
 
 211. 
 election and appointment of officers, 11, 5, p. 213. 
 may malie police and sanitary regulations, 11, 11, 
 
 p. 242. 
 power of taxation may be delegated to, 11, 12, 
 p. 252. 
 TOWNSHIP OFFICERS— to be governed by general 
 
 laws only, 4, 25, p. 99. 
 THREE-FOURTHS OF JURY— may render verdict, 
 
 1, 7, p. 8. 
 TRANSFER— of corporation stock, where to be 
 
 made. 12, 14. p. 284. 
 TRANSMISSION— of property rights of foreigner, 1, 
 
 17, p. 48. 
 TRANSPORTATIOxNT COMPANIES — are common 
 carriers, 12, 17, p. 286. 
 right to connect with companies at state line, 
 
 12, 17. p. 286. 
 delay or discrimination prohibited, 12, 17, p. 286. 
 supplies or materials not to be furnished by of- 
 
 ticer or agent of company, 12, 18,' p. 287. 
 not to grant free passes to state officials, 12, 19, 
 
 p. 288. 
 a-.-ceptance of such a forfeiture of ofBce, 12, 19, 
 
 p. 2S8. 
 exception as to railroad commissioners, 12, 19, p. 
 288.
 
 634 INDEX TO CONSTITUTION OF 1879. 
 
 TRANSPORTATION COMPANIES— combination be- 
 tween prohil)ited, 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. 281). 
 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, p. -289. 
 imprisonment of officer, agent, etc.. 12, 22, p. 289. 
 exemi)lary 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. 
 TREASIJRIOU— subject to impeachnu>nt, 4, IS. 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. 133. 
 compensation of, 5, 19, p. 134. 
 to canvass returns on revision of constitution, 18, 
 
 2, p. ;J38. 
 TREASURY— money, when and how drawn, 4, 22, p. 
 
 88. 
 members of legislature to be paid out of, 4, 23, 
 
 p. 91. 
 special statute cannot authorize refunding ot 
 
 money, 4, 25, p. 99.
 
 INDEX TO CONSTITUTION OF 1879. 635 
 
 TRIAL BY JURY— right to, Art. 1, Sec. 7, p. 8. 
 three-fourths may render verdict, 1, 7, p. 8. 
 riglit to 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- 
 fense, 1, 13, p. 17. 
 nor compelled to be witness against himself, 1, 
 13, p. 17. 
 TRIAL FOR LIBEL— evidence in, 1, 9, p. 11. 
 TRIAL OF IMPEACHMENT— 4, 17, p. 84. 
 TRUSTEES— of corporations and companies, liable 
 
 for embezzlement, 12, 3, p. 274. 
 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. 
 
 UNAUTHORIZED AGREEMENT— null and void, 4, 
 
 32, p. 119. 
 UNCULTIVATED LANDS— at what value assessed, 
 
 13, 2, p. 308. 
 UNDUE INFLIIENCE— on elections prohibited, 20, 
 
 11, p. 348. 
 UNIFORM OPERATION OF GENERAL LAWS— 1, 
 
 11, p. 13. 
 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- 
 
 ti-ol, 9, 9, p. 199. 
 fund, how appropriated, 9. 9, p. 199. 
 sex not to debar admission to, 9, 9, p. 199.
 
 G36 INDEX TO CONSTITUTION OF 1879. 
 
 USE OF STREETS— by gas and water companies. 
 Art. 11, Sec. 19, p. 205. 
 conditions of, 11, 19, p. 265. 
 
 VACANCY— in legislature, how filled, 4, 12, p. 80. 
 in ottice. when tilled by governor, 5, 8, p. 126. 
 in otiice of governor, bow tilled, 5, 15, p. 131. 
 to fill vacancy in justices of supreme court, 6, 3, 
 
 p. 143. 
 in superior coiirt, 6, 0, p. 170. 
 of state prison directors, how filled, 10, 1, p. 204, 
 in board of supervisors, by whom filled, 11, 7, 
 
 p. 225. , 
 in otfice of railroad commission, 12, 22, p. 289. 
 VALIDATING ACTS— of deeds, wills, etc., by special 
 
 legislation, prohibited, 4, 25, p. 99. 
 A'ALIDITY— 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, 10, p. 285. 
 
 two-thirds of members elected may pass bill 
 over, 4, 10, p. 82. 
 VIVA VOCE— elections by legislature to be, 4, 28, 
 
 p. 135. 
 VOCATION— sex not to discjualify from following, 
 
 20, 18, p. 353. 
 VOTE— property qualification not to be reciuired, 1, 
 24, p. 53.' 
 qualilicalion for right to, 2, 1, p. 54. 
 to be by ballot, 2, 5, p. GO. 
 on election by legislature to be viva voce, 4, 28, 
 
 p. n.">. 
 
 and entered on journal, 4, 2S, p. 115. 
 
 on removal of county s(>at, 11. 2, p. 208. 
 
 two-tliirds reiiuired, 11. 2. p. 208. 
 
 on oi'gani/.ation of county governments, 11, 4, p. 
 
 211! 
 on city charter, how talcen, 11. 8. p. 227. 
 tln-oo-fiftlis recpiired. 11, 8. p. 227. 
 corporations may cumuljile or distril)Ute, 12, 12, 
 
 )x 2S:5. 
 to be taken on creation of state del)t, 10, 1, p. 
 
 330.
 
 INDEX TO CONSTITUTION OF 1879. 637 
 
 VOTE— on proposed amendment to constitution, Art. 
 18, Sec. 1, p. 337. 
 on revision of constitution, 18, 2, p. 338. 
 VOTERS— property qualification not required, 1, 24, 
 p. 53. 
 who are and who are not, 2, 1. p. 54. 
 privilejie from arrest, 2, 2, p. 57. 
 exemption from militia duty, 2, 3, p. 59. 
 residence, test qf, 2, 4, p. 59. 
 persons convicted of certain crimes disfran- 
 chised, 20, 11, p. 348. 
 
 WAIVP]ll— of riaht to trial by jury, 1, 7, p. 8. 
 WARDEN OF STATE TRISON— 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— right to introduce into cities, etc., 11, 19, p. 
 
 2fio. 
 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, 
 
 p. 321. 
 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 otlier 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 forfeiture, 
 
 14, 1. p. .321. 
 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— sjrouud of forfeiture, 14. 1, p. .321. 
 WATERING STOCKS— by fictitious increase, void, 
 12, 11, p. 282. 
 Constitution— ,54
 
 G38 INDEX TO CONSTITUTION OF 1879. 
 
 WHARFAGP]— charges to be regulated by legisla- 
 tion, Art. 4, Sec. 33, p. 121. 
 WIFE -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 coiitined witli criminals, 1, 6, p. 7. 
 deposition of In criminal cases, 1, 13, p. 17. 
 riglit of accused to have, 1, 13, p. 17. 
 no person to be compelled to testify against him- 
 self, 1, 13, p. 17. 
 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 .iurisdiction of superior court, 6, 5. p. 1.54. 
 unaffected by adoption of new constitution, 22, 
 2, p. 361. 
 
 YEAS AND NAYS— to be taken on final pas.sage of 
 bills, 4. 1.5, p. 81. 
 to l)e entered on minutes, 4, 15, p. 81. 
 to be taken on vote on proposed amendments, 
 18. 1. p. .337. 
 YUBA— a superior judge to be elected, 6, 6, p. 170. 
 salary of judge, 6, 17, p. 182.
 
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