ers for the sale of the State's interest within the water line of San Francisco held invalid.-Guy vs. Hermance, 5 Cal., p. 73. The Legislature has not the power to legalize pleadings substantially defective without first requiring them to be amended.-People vs. Mariposa Co., 31 Cal., p. 196. An Act of the Legislature granting a new trial or reopening a judgment in a litigated action between individuals would be an assumption of judicial powers and hence voidbut an Act granting a new trial or reopening a judgment in favor of the people, is merely the consent of the people that either may be done and is valid.-People vs. Frisbie, 26 Cal., p. 137. An Act conferring upon Boards of Supervisors the power to try a contest in relation to the office of County Judge is unconstitutional.-Stone vs. Elkins, 24 Cal., p. 125. The Act of the Legislature directing the Supervisors of San Francisco to audit and allow the claim of a judgment creditor is not judicial in its character, and is not unconstitutional, for the Legislature can as well direct in such a matter as in any other of municipal regulation. O'Donnel vs. Supervisors of San Francisco, 11 Cal., p. 206. Of this Article of the Constitution, says Justice Sanderson, delivering the opinion of the Court in People vs. Provines, 34 Cal., p. 532:

"Our only remaining duty in connection with this case is to declare what we consider to be the true meaning and scope of the Third Article of the Constitution.

"We understand the Constitution to have been formed for the purpose of establishing a State Government; and we here use the term 'State Government' in contradistinction to local, or to county and municipal governments. But by this we do not intend to be understood to say that local governments are not within the general plan of the Constitution, for such governments are necessary incidents to all forms of government—using that term in its most enlarged and popular sense-in use among civilized nations. What we mean to be understood as saying, is that the Constitution does not, of itself-ex proprio vigore-create or establish any local or municipal governments; but, assuming that such governments will be required, provides that they shall be created and established by the Legislature, and there drops the subject. The Legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the State.'-Sec. 4, Art. XI. 'It shall be the duty of the Legislature to provide for

the organization of cities and incorporated villages and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.'-Sec. 37, Art. IV. Each county, town, city, and incorporated village shall make provision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe.'-Sec. 9, Art. XI. These provisions show very clearly that the creation and regulation of local and subordinate governments, such as county, city, and town governments, is not attempted in the Constitution; and that the whole subject of local and subordinate governments is, by that instrument, turned over to one branch of the Government, which it provides and defines, with certain admonitions only for its guidance. When, therefore, the Constitution is speaking of the 'powers of Government,' and engaged in the work of distributing them to different departments and securing absolute independence to each department by providing that each shall be worked and managed by a different set or class of individuals, of what Government is it talking? Certainly not of town, city, village, or county governments, which it does not undertake to organize, which are not being established, but are to be established hereafter by a body which the Constitution is at the time creating and organizing. Obviously it is talking about the government upon which it is at work, and it is the powers of that government alone which it is declaring, distributing, and guarding; that is to say, the State Government, as contradistinguished from those which are to be hereafter created by legislative will, merely, as the incidents and auxiliaries of the former. The departments, therefore, of which it speaks, and in respect to which it provides that no person employed in one shall be employed in either of the other two, are the Departments of the State Government, as expressly defined and limited in the Constitution; and its meaning is that no member of the Legislative Department, as there defined, shall at the same time be a member of the Executive or Judicial Departments, as there defined, and vice versa. That is to say, no judicial officer shall be Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, or Surveyor General, all of whom, and none others, in the sense of the Third Article of the Constitution, belong to and constitute the Executive Department of the Government; or a member of

the Senate or Assembly, which two bodies, and none other, in the sense of the Third Article of the Constitution, constitute the Legislative Department. So of each officer of the Executive Department-he cannot belong to the Judicial or Legislative Department. That is to say, he can hold no judicial office, nor the office of Senator or member of the Assembly. And so of Senators and members of the Assembly-they can hold no judicial or executive offices comprised within the Executive and Judicial Departments, as defined in Articles V and VI.

"In short, the Third Article of the Constitution means that the powers of the State Government, not the local governments thereafter to be created by the Legislature, shall be divided into three departments, and that the members of one department shall have no part or lot in the management of the affairs of either of the other departments, except in the cases hereinafter expressly directed or permitted.'

"That such is the true meaning is further apparent from the mere order and arrangement of the several parts of the Constitution. It is divided into separate Articles. Each Article treats, in the main, of a particular subject, to the exclusion of other matters, which subject is stated at the head of the Article; thus the First Article is entitled 'Declaration of Rights;' the second, Right of Suffrage;' the third, 'Distribution of Powers; the fourth, Legislative Department;' the fifth, Executive Department;' the sixth, 'Judicial Department;' and so on to the end. From this arrangement alone it is apparent that the Legislative, Executive, and Judicial Departments created and restricted in the Third Article are the identical departments, and none other, separately provided for in the immediately succeeding Articles numbered Four, Five, and Six. Article Third provides that there shall be three departments, giving to each its appropriate name. Articles Four, Five, and Six continue the subject by organizing them under the names already adopted, and prescribing their several functions."

In the Provines case, the distinguished jurist who delivered the opinion of the Court collates, examines, and for the Court disapproves and overrules, upon this topic, the following cases: Burgoyne vs. Supervisors of San Francisco, 5 Cal., p. 19; Exline vs. Smith, 5 Cal., p. 112; Dickey vs. Hurlburt, 5 Cal., p. 343; Thompson vs. Williams, 6 Cal., p. 88; Tuolumne Co. vs. Stanislaus Co., 6 Cal., p. 440; Phelan vs. San Francisco, 6 Cal., p. 531; Sanderson's Case, 30 Cal., p. 160. The

duties or powers of any department, not by the Constitution disposed of or distributed to some particular officers of that department, are left to the disposal of the Legislature.-Ross vs. Whitman, 6 Cal., p. 361. This Article does not place either department of the State Government above the law, nor make either independent of the other.-McCauley vs. Brooks, 16 Cal., p. 11.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. Senate and Assembly, and enacting clause of laws. 2. Sessions of the Legislature.

3. Election and term of Assemblymen.

4. Qualifications of Legislators.

5. Election and term of Senators.

6. Number and classes of Senators.

7. Number of Senators, when increased.

8. Organization of Legislative Houses.
9. What number constitutes a quorum.

10. Rules for their government, and expulsions.

11. Each House to keep a Journal.

12. Members privileged from arrest and summons.
13. Vacancies, how filled.

14. Open doors, and secret sessions.

15. Adjournments, how long and where to.

16. Origin and passage of bills.

17. Bills to be approved by the Governor or returned vetoed;

passage over the veto.

18. Assembly to present, and Senate to try articles of im

peachment.

19. What officers liable to impeachment. Judgment in what. 20. Member ineligible to office created during his term of

office.

21. Persons holding lucrative offices under the United States Government, etc., ineligible to office under State Government. Proviso.

22. Embezzlement or defalcation of public funds by officer.

Penalty.

23. Public moneys and accounts, how disposed of and kept, and published with laws.

24. Compensation, how fixed.

25. Title of laws; how revised and amended.

26. Divorces shall not be granted by Legislature.

27. Lotteries prohibited.

28. Census, when and how taken. Number of members.

29. Apportionment of Legislators.

Senate and Assembly, and enacting clause of laws.

SECTION 30. Congressional, Senatorial, and Assembly Districts.
31. Corporations to be formed under general laws.

32. Dues of corporations, and individual liability therefor.
33. What are corporations. Their powers and duties.

34. Banks of deposit authorized.

35. Banks of circulation prohibited.

36. Individual liability of corporators for debt.

37. Organization of municipal corporations.

38. Legislative elections to be viva voce.

39. Amendments to Article IV not to affect official incumbency.

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."

NOTE.-The Legislature has the power to declare who shall be competent to testify, and the power to regulate the production of evidence in the Courts of this State.-People vs. Brady, 40 Cal., p. 198. In this case The People vs. Washington, 36 Cal., p. 658, was reviewed and overruled. Congress has no authority to legislate concerning the rules of evidence in State Courts, nor to affix conditions upon which those rules are to be applied and enforced.-Duffy vs. Hobson, 40 Cal., p. 240. The Legislature may provide a punishment for counterfeiting money.-People vs. White, 34 Cal., p. 705. A State Legislature cannot confer jurisdiction upon Federal Courts, or prescribe the means or mode of its exercise.-Greely vs. Townsend, 25 Cal., p. 613. Power of a Legislature to delegate its authority, discussed in Ex Parte Shrader, 33 Cal., p. 279. The legislative department represents the mass of political powers. It is no further controlled as to its powers or mode of their exercise than by the restrictions of the Constitution. It may enact laws in its own form, and give to them such effect to be worked out in such a way and by such means as it chooses to prescribe. It may provide that laws shall go into effect at one time or another, absolutely or on condition upon certain terms or in a certain event, or without regard to future events. It may make local laws depend for effect upon the will of all the voters of a locality, or upon the will of a majority, or upon the assent of a few.-Hobart vs. Supervisors of Butte Co., 17 Cal., p.