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Residence of officers elected.

SEC. 4. The provisions of this Constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session.

27 Cal. 211.

Who may vote.

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 the question of the adoption thereof.

Governor to issue proclamation.

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 thirteenth 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 sub-prefects or senior judge of first instance, to cause such election to be held on the day aforesaid in their respective districts. The election shall be conducted . in the manner which was prescribed for the election of delegates to this convention, except that the prefects, sub-prefects, 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 election. It shall also be the duty of these judges and inspectors of election, on the day aforesaid, to receive the vote 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 intention 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 herein provided. At the close of the election the judges and inspectors shall carefully count each ballot, and forth with make duplicate returns thereof to the prefect, sub-prefect, or senior judge of first instance, as the case may be, of their respective dis

tricts; and said prefect, sub-prefect, 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 the Secretary of State, one of the Judges of the Superior Court, the prefect, judge of first instance, and an alcalde of the District of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the executive will also, immediately after ascertaining that the Constitution has been ratified by the people, make proclamation of the fact; and thenceforth this Constitution shall be ordained and established as the Constitution of California.

Governor to forward copy to President.

SEC. 7. If this Constitution shall be ratified by the people of California, the executive of the existing government is hereby requested, immediately 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.

Election of officers.

SEC. 8. At the general election aforesaid, viz., the thirteenth day of November next, there shall be elected a Governor, LieutenantGovernor, Members of the Legislature, and also two Members of Congress.

Legislature, convening of.

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.

Election returns-Secretary of State to lay before Legislature.

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.

Legislature, election of officers by.

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.


Copies of Constitution to be furnished.

Sec. 12. The Senators and Representatives of 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.

Installation of officers.

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.

Legislative districts.

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 Bai ara and San Luis Obispo shall jointly elect one Senator; the district of Monterey, one Senator; the district of San José, 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 José, 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 traveled 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.

Legislature, limitation of powers.

Sec. 16. The limitation of the powers of the Legislature contained in Article VIII 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. WM. G. MARCY, Secretary.



Adopted in Convention held at Sacramento, March 3, A. D. 1879.
Ratified by a vote of the People at the election

held May 7, 1879.

Preamble and Declaration of Rights.


Purpose of the Constitution.

We, the people of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. [Constitution of 1849.]

54 Cal. 353; 60 Cal. 32.


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SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. [Constitution of 1849, Art. I, $ 1.]

60 Cal. 177, 192, 539; 64 Cal. 291; 65 Cal. 35; 80 Cal. 213; 82
Cal. 588; 85 Cal. 272; 96 Cal. 360; 98 Cal. 73, 555; 102 Cal. 471;
105 Cal. 345; 108 Cal. 682 ; 128 Cal. 434; 133 Cal. 377; 134 Cal.
661; 136 Cal. 125; 147 Cal. 650, 763; 149 Cal. 400.

Government for and by the people.

Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. [Constitution of 1849, Art. 1, $ 2.]

71 Cal. 634; 91 Cal. 249; 92 Cal. 316; 114 Cal. 646; 117 Cal. 123; 118 Cal. 408; 138 Cal. 381; 139 Cal. 541; 147 Cal. 334; 148 Cal. 265, 748.

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