SEC. 8. At the general election aforesaid, viz. the thirteenth day of November next, there shall be elected a governor, lieutenant-governor, members 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 assemble at the seat of government on the fifteenth 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-governor shall be installed into office. SEC. 10. 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 body, 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 effect until signed by the governor after his installation into office. SEC. 12. The senators and representatives to the congress of the United States, elected by the legislature and people of California, as herein directed, shall be furnished with certified copies of this constitution, when ratified, which they shall lay before the congress of the United States, requesting, in the name of the people of California, the admission of the state of California into the American Union. SEC. 13. All officers of this state, other than members of the legislature, 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 following shall be the apportionment of the two houses of the legislature, viz: the districts of San Diego and Los Angeles, shall jointly elect two senators; the districts of Santa Barbara and San Luis Obispo, shall jointly elect one senator; the district of Monterey, one senator; the district of San Josè, one senator; the district of San Francisco, two senators; the district of Sonoma, one senator; the district of Sacramento, four senators; and the district of San Joaquin, four senators. And the district of San Diego shall elect one member of the assembly; the district 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 Josè, 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 assembly. 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 be 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' travel by the usual route from their residences 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 election. SEC. 16. The limitation of the powers of the legislature, contained in article eighth of this constitution, 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. FEE J. McH. HOLLINSWORTH, H. W. HALLECK, MIGUEL DE PEDRORENA, JULIAN HANKS, A. M. PICO, JACINTO RODRIGUEZ, CONSTITUTIONAL CONSTRUCTION. 1. THE destruction of a building to stop the spread of a conflagration, cannot be deemed a taking of private property for public use, within the meaning of that clause of the constitution which prohibits such taking without just compensation. Dunbar v. The Alcalde of San Francisco, 1 Cal. 355; Surocco v. Geary, 3 Cal. 69. 2. The states possess the power to arrest and restrain fugitive slaves and to remove them from their borders, but not so as to obstruct the owner in reclaiming his slave under the constitution of the United States. In Re Perkins, 2 Cal. 424. 3. A deed void by reason of fraud, cannot be made valid by an act of the legislature so as to affect the rights of third persons. Smith r. Morse, 2 Cal. 524. 4. An act of the legislature authorizing the governor to appoint a judge of the supreme court during the absence of one of the judges from the state, is unconstitutional. People v. Wells, 2 Cal. 610. 5. The legislature can neither confer appellate jurisdiction on the district courts or original jurisdiction on the supreme court. Caulfield v. Hudson, 3 Cal. 389. 6. The cotemporaneous expositions of the first legislature, acquiesced in by every subsequent legislature, tacitly assented to by the courts, and where rights have grown up under it and it has become a rule of property, must govern in a question of constitutional law. Washington b. Page, 4 Cal. 389. 7. The constitution of this state is not to be considered as a grant of power, but rather as a restriction upon the powers of the legislature, and it is competent for the legislature to exercise all powers not forbidden by the constitution of the state, or delegated to the general government, or prohibited by the constitution of the United States. People v. Coleman, 4 Cal. 46; People v. Bigler, 5 Cal. 23; Williams v. Thompson, Jan. T. 1856. 8. The legislature in the exercise of any power granted or limited by the constitution, must use it for the public welfare, independent of any foreign or extraneous considerations. In Re State Capital, Jan. T. 1854. 9. Courts have no authority to inquire into the motives of the legislature in the passage of any law; neither have they the right to declare from the face of a law that they were actuated by improper motives. People v. Bigler, 5 Cal. 23. 10. The district court has no appellate jurisdiction from the probate courts. Reed v. McCormick, 4 Cal. 342. 11. The act of congress authorizing a transfer of causes from a state court to the United States court, because one of the parties is an alien, is not warranted by the constitution of the United States. Johnson v. Gordon, 4 Cal. 368. 12. No cause can be transferred from a state court to any court of the United States. Id. 13. In conferring upon county courts the power to prevent and abate nuisances, the legislature exceeded their constitutional authority. Parsons r. Tuolumne Water Company, 5 Cal. 43. 14. The legislature cannot exercise judicial functions, and cannot, therefore, except one case or one party from the operation of a general rule of law. Guy v. Hermance, 5 Cal. 73. 15. The states are not deprived by the constitution of the United States of the power to confer upon their own courts all admiralty and maritime jurisdiction, and therefore, the statute of California conferring such jurisdiction is constitutional and valid. Taylor v. The Columbia, 5 Cal. 268. 16. Congress has no power to confer jurisdiction upon the courts of a state. Ex parte Knowles, 5 Cal. 300. Neither can a state court voluntarily exercise power or take jurisdiction of a case under an act of congress. Id. 17. The constitution of the United States does not prohibit the states from naturalizing aliens. Id. 18. The legislature cannot confer on one court the functions and powers which the constitution has conferred on another. Zander v. Coe, 5 Cal. 230. 19. The performance of certain legislative functions being confided to, or imposed upon, the legislature by the constitution, must be exercised by that branch of the government and cannot be delegated by them. People r. Nevada. April T. 1856. 20. The legislature can impose no duties upon the judiciary but such as are of a judicial character. Id. 21. The incorporation of colleges or towns cannot be imposed upon the courts. Id. 22. The provision in the constitution "No person shall be twice put in jeopardy for the same offense," was not intended to apply to cases in which a judgment of conviction was reversed in the appellate court and a new trial ordered. People r. March, Oct. T. 1856. 23. The constitution is inoperative of itself and looks to legislation. Cary v. Tice and Wife, Oct. T. 1856. 24. The eighth article of the constitution is an express restriction upon the powers of the legislature, and the limitation applies to the necessary and ordinary expenses of government. Nougues v. Douglass et al. Jan. T. 1857. 25. The power of taxation is given to the legislature without limit for all purposes allowed by the constitution. Id. 26. The judiciary possesses the power to construe the constitution in all cases, not expressly or by necessary implication reserved to other departments. Id. 27. All debts contracted in violation of the eighth article of the constitution are void, and the legislature has no power to levy a tax or appropriate money for the payment thereof. Id. 28. The statute of a state cannot require a greater amount of proof for the authentication of the acts, records, etc. of the several states, than that prescribed by the act of congress, but may require less. Parke v. Williams, Jan. T. 1857. 29. The grant of "legislative power" does not include the right to attack private property. Jan. T. 1857. Billings v. Hall, 30. The act of 1856, for the protection of settlers, declared unconstitutional. Id. 31. A board of supervisors appropriating private property without making provision for paying the value thereof, may be restrained by injunction. McCann v. Sierra Co. Jan. T. 1857. 32. A tax imposed by law on Chinese passengers arriving in this state is unconstitutional. People v. Downes, Jan. T. 1857. People v. McCauley, 1 Cal. 379; In Re Holdforth, 1 Cal. 438; Gunter v. Geary, 1 Cal. 462; Ross v. Austill, 2 Cal. 183; People v. Wells, 2 Cal. 198; Russell v. Elliott, 2 Cal. 245; Ryan v. Johnson, 5 Cal. 86; Hunsaker v. Borden, 5 Cal. 288; People v. Gerke, 5 Cal. 381; Seale v. Mitchell, 5 Cal. 491; O'Callaghan v. Booth, Jan. T. 1856. 654 5 5 20 5 6 4 10 10 Clerks, of supreme court, election of, to be provided for.... county clerk ex officio clerk of district court Commissions, form of... Controller of State, liable to impeachment..... how chosen, term of office and eligi- how chosen and elected.. Conciliation, tribunals for...... Congressional Districts, how formed.. Constitution, mode of amending. mode of revising and changing....... who entitled to vote on adoption of, Do. Coroner, election of, to be provided for........ laws creating may be altered or re- dues from, how secured.... definition of........ right to sue, etc..... banking prohibited... to be prohibited by law from banking municipal, to be restricted in the 64 4 4 32 Fiscal Year, to commence July first..... 44 4 Governor, may convene legislature by procla- ART. SEC. Assembly, shall have sole power of impeach- 4 18 Debts, state, limitation to creation of.... ment, number of..... ART. SEC. 8 16 23 not to extend to first legisla- not to issue paper to circulate as money 4 34 Defalcation. See Embezzlement... etc. Attainder, bill of, prohibited... Attorney-General, liable to impeachment.. how chosen, term and eligibility.. District Attorney, election of, to be provided 16 District Court, judges of, liable to impeachment 4 4 1 4 19 5 5 all persons entitled to-exception...... 1 34 such association not to issue paper to Boundary, of state.. Bribery, person convicted, disqualified for office 11 disqualifications of persons convicted Census, to be taken in 1852 and 1855, and every in criminal cases and issues of fact 6466 66 Divorce, shall not be granted by the legislature 4 18 Education..... Election, who entitled to vote at...... voter privileged from arrest....... residence not to be affected by presence or absence in employ of government 2 who not entitled to vote at........... to be by ballot..... 67 1956 44922 30 26 1 2 2 3 456 222 by legislature, to be viva voce and en- 4 38 Governor, may convene the legislature by proclamation shall communicate, by message, to the legislature, annually, the condition of the state, etc..... may adjourn the legislature in case of disagreement between the two houses no person holding office under the United States or this state to exercise the office of...... shall have power to grant reprieves and pardons... may suspend execution of sentence shall report to legislature the reprieves shall have power to call out militia, etc Grants, form of......... Habeas Corpus..... may be issued by judges of supreme, district and county courts... Homestead, shall be protected... ART. SEC. ART. SEC. 4 sessions to be annual. 4 4 Husband and Wife, property of, how held...... 11 laws shall be passed clearly defining the rights of the wife, etc...... registration of wife's property to be provided for. See Marriage Impeachment, how tried. who liable to.............. 12 821 6 6 may be convened by governor..... and judge of the election of its members.. quorum to do business... apportionment of members of..... when and where first to assemble and such limitation not to apply to first legislature members privileged from arrest... exemption from civil process.... 44445 4 5 11 4 9 each house to determine the rules of its proceedings..... 4 10 12 5 13 how member may be expelled....... each house to keep and publish a journal 4 10 4 11 shall prohibit banking, by law 4 in all elections by vote, to be viva voce 4 may be convened by governor. 9 11 4 21 3 power to provide for board of supervisors |