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1 Wetherbee v. Cazneau, 20 Cal. 503.

2 Nichols v. McKee, 68 N. C. 429.

3 Aylett v. Langdon, 8 Cal. 1. 4 People v. Lord, 9 Mich. 227. 5 Casserly v. Fitch, 1 Cal. 519. 6 People v. Tilton, 37 Cal. 614. 7 Davis v. State, 7 Md. 151. 8 People v. Mizner, 7 Cal. 519. 9 People v. Parker, 37 Cal. 633. 10 Melony v. Whitman, 10 Cal. 38. 11 Battle v. McIver, 63 N. C. 467. 12 Murray v. Ayres, Minor, 323. 13 Speed v. Crawford, 3 Met. (Ky.) 207. 14 State v. McAdoo, 36 Mo. 453.

15 Wetherbee v. Cazneau, 20 Cal. 503. 16 Tennant's Case, 3 Neb. 423.

17 Keenan v. Perry, 24 Tex. 253.

13 People v. Jewett, 6 Cal. 291. And see Cantwell v. Owens, 14 Md. 215. 19 Speed v. Crawford, 3 Met. (Ky.) 207.

20 People v. Molineaux, 53 Barb. 9.

21 People v. Stratton, 23 Cal. 382.
22 Comm. v. King, 85 Pa. St. 103.
23 In re Barber, 86 Pa. St. 392.
24 State v. Seay, 64 Mo. 89.
25 State v. Seay, 64 Mo. 89.

26 Cloud v. Wilson, 72 N. C. 155.

§ 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 legislate on any subjects other than those specified in the proclamation, but may provide for the expenses of the session and other matters incidental thereto.

Ala. V, 10; Ark. VI, 19; Del. III, 12; Ga. IV, 2, iii; Kans. I, 5; Iowa, IV, 11; Me. V, Pt. I, 13; Md. II, 16; Mich. V, 7; Minn. V, 4; Neb. V, 8; N. Y. IV, 4; Ohio, III, 8; Or. V, 12; Pa. IV, 12; R. I. VII, 7; S. C. III, 15; Wis V, 4.

And see Colo. IV, 9; Fla. VI, 8; Ill. V, 8; Ky. III, 13; La. III, 64; Mo. V.9; Nev. V, 9; N.J. V, 6; N. C. III, 9; Tenn. III, 9; Tex. IV, 8; W. Va. VII, 7.

2 Ark. VI, 19; Colo. IV, 9; Pa. III, 35; Tex. III, 4.

Extraordinary occasions.-The governor is the sole judge of the extraordinary occasion for convening the legislature by proclamation. In special sessions the legislature can only legislate on subjects for which it was specially convened, and such as are called to their attention by the governor.2

1 Whiteman v. Wilmington & S. R. R. Co. 2 Har. 514.

2 Jones v. Theall, 3 Nev. 233.

§ 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.

Ala. V, 7; Kan. I, 5; Minn. V, 4; Neb. V,7; N. Y. IV, 4; Ohio, III, 7; Pa. IV, 11; Va. IV, 5; W. Va. VII, 6; Wis, V, 4.

And see Ky. III, 12; La. III, 63; Me. V. Pt. I. 9; Md. II, 19; Mich. V, 8; Miss. V, 8; Mo. V; 10; Nev. V, 10; Or. V, 11; S. C. III, 15; Tenn. III, 11.

§ 11. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature.

Ala. V, 9; Conn. IV, 7; Iowa, IV. 13; Kan. I, 6; Mass. II, sec. I, 6; Me. V, Pt. I. 13; Miss. V, 7; Neb. V, 9; Nev. V, 11; Ohio, III, 9; R. I. VII, 6; Tex. IV, 9.

§ 12. No person shall, while holding any office under the United States or this State, exercise the office of Governor except as hereinafter expressly provided.

Iowa, IV, 14; Nev. V, 12; Pa. IV, 6. See N. J. V, 8; Ohio, III, 14; Or. V, 3; Tenn. III, 13.

§ 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."

lowa, IV, 20; Kan. I, 8; Miss. V, 11; Mo. V, 20; Neb. V. 23; Nev. V. 15; N. C. III, 16; Ohio, III, 12; Pa. IV, 22; S. C. III, 18; Tenn. III, 15; Tex. IV, 19.

§ 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.

Ala. V, 13; Ark. VI, 17; Conn. IV, 11; Fla. V, 13; Ind, XV. 6; Iowa, IV, 21; Kan. I, 9; La. III, 72; Me. IX, 3; Md. IV, Pt. I, 13; Mass. Pt. II, Ch. VI, 4; Mich. V, 19; Miss. V, 12; Mo. V, 23; Neb. Exec. 14; Nev. V, 16; N. H. Pt. II, 86; N. J. VIII, 3; N, C. III, 16; Ohio, III, 13; Or. V, 18; Pa. IV, 22; R. I. VII, 8; S. C. III, 19; Tenn. III, 16; Tex. IV, 20; Vt. Pt. II, 23; Va. IV, 7; W. Va. II, 8.

Commissions.-A commission issued by the executive is prima facie evidence of the right to the office, until a judicial ascertainment that a vacancy did not exist. The governor has no power to revoke a commission to an officer not removable at his pleasure.2 He has no authority to issue a commission pending a contest for the office.3 1 Hill v. State, 1 Ala. 559.

2 Ewing v. Thompson, 43 Pa. St. 372.

3 Case of Barber, 86 Pa. St. 392.

§ 15. A Lieutenant-Governor shall be elected at the same time and places, and in the same manner, as the Governor; and his term of office and his qualifications of eligibility shall also be the same.1 He shall be President of the Senate, but shall have only a casting vote therein.2 If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, 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 be filled or the disability shall cease. The LieutenantGovernor shall be disqualified from holding any other office, except as specially provided in this Constitution, during the term for which he shall have been elected.

1 Ala. VI, 2; Conn. IV, 3; Amend. IV; Fla, V, H; III. VI, 3; Iowa, IV, 3; Kan. I, 12; Ky. III, 15; La. III, 55; Mich. V, H, Minn. V, 6; Miss. V. 14; Mo. V, 15; Nev. V, 17; N. Y. IV, 7; N. C. III. 11; Ohio, III, 16; R. I. IX,5; S. C. III,5; Tex. IV, 16; Vt. Amend. XXIV, 2; Va. IV, 9; Wis. V, 8.

2 Fla. V, 14; Nev. V, 17; N. Y. IV, 17; Wis. V, 8.

And see Mass. II, sec. II, 1; Pa. IV, 4.

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§ 16. In case of the impeachment of the Governor, 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 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-inChief of all the military force of the State.

See Ky. III, 17; La. III, 53; Me. V. Pt. I, 14; Md, II, 7; Mass. II, sec. II, 3; Mich. V, 12; Miss. V, 17; Mo. V, 16; Neb. V, 16; Nev. V, 18; N. H. Pt. II. 49; N. J. V, 12; N. Y. IV, 6; N. C. III, 12; Ohio, III, 15; Or. V, 8; Pa. IV, 13; R. I. VII, 9; S. C. III, 9; Tenn. III, 12; Tex. IV, 17; Wis. V, 7.

§ 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.

See La. II, 70; Miss. V, 19; Mo. V, 21; Nev. V, 19; N. Y. V, 1; Pa. IV. 8; S. C. III, 23.

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Time of election. All elective officers connected with the executive department must be elected at the same time.

Brooks v. Melony, 15 Cal. 58, reversing in part People v. Whitman, 10 Cal. 116.

DESTY CAL. CON.-24.

Duties of office.-Although there is no express limitation of power of the legislature as to the duties of State officers, yet a limitation is necessarily implied, and such limitation is found in the general class of duties which such officers performed in other States. The legislature has a wide discretion; it may devolve on the secretary of state the performance of services foreign to the office, and may pay additional salary therefor; 2 so as to the attorney-general, or the controller; 4 but it has no power to compel the attorney-general to perform duties of the board of examiners.5

1 Love v. Baehr, 47 Cal. 364.

2 Melone v. State, 51 Cal. 549; Love v. Baehr, 47 Cal. 364.

3 Love v. Baehr, 47 Cal. 364.

4 Green v. State, 51 Cal. 577. 5 Love v. Baehr, 47 Cal. 364.

§ 18. The Secretary of State shall keep a correct record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature,1 and shall perform such other duties as may be assigned him by law.2

1 Fla. VII, 2; Nev. V, 20; Or. VI, 2; Wis. VI, 2. 2 Ark. VI, 6; Del. III, 15; Conn. IV, 18; Ill. V, 1; Ind. VI, 1; Iowa, IV, 22; Ky. III, 2; La. III, 68; Miss. V, 19; Mo. V, 16; Nev. V, 20; Or. VI, 2; Pa. II, 18; Tenn. III, 17; Tex. IV, 21; Va. IV, 13; Wis. VI, 2. See Ala. VI, 21; Md. II, 23.

§ 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 shall not be increased or diminished during the term for which they shall have been elected, which compensation is hereby fixed for the following officers for the two terms next ensuing the adoption of this Constitution,

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