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law, at which elections only judicial and school officers should be elected. It provided further:

The first election for Justices of the Supreme Court shall be held in the year 1863. The Justices shall hold their offices for the term of ten years from the first day of January next after their election, except 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 Chief Justice.

On March 21, 1863, the Legislature passed an Act providing that there should be held on the third Wednesday in October, 1863, and every two years thereafter, an election to be called the "Special Judicial Election," at which should be elected the Supreme Justices, and other judicial and school officers. On April twentieth an Act was passed to provide for the organization of the new Court, and it was enacted that when a vacancy should occur the Governor should fill it by the appointment of a person who should hold until the next judicial election, and the Justice elected by the people at such election should hold office for the balance of the unexpired term. It was also provided that the terms of the Court should be held at the seat of government. The salaries of the Justices were fixed at $6,000 each. The salaries have not since been changed.

Under this constitutional provision, on October 21, 1863, Oscar L. Shafter, Lorenzo Sawyer, Silas W. Sanderson, John Curry, and A. L. Rhodes were elected Supreme Court Justices. The new Court organized January 2, 1864, and in accordance with law, the Judges drew lots to determine the tenure of their official terms, with the following result: Shafter drew for ten years, Rhodes for eight, Sawyer for six, Curry for four, and Sanderson for two.

Justice Sanderson was reëlected to succeed himself on October 18, 1865. Sanderson resigned January 4, 1870. On the eighth Governor Haight appointed Jackson Temple to fill the vacancy, and he assumed the duties of the office on the tenth. On October 18, 1871, Addison C. Niles was elected Justice to fill the vacancy. He took the office January first, follow

ing, and remained on the bench until the new Constitution took effect. Royal T. Sprague was elected to succeed Curry on October 16, 1867, and took office January 6, 1868, but died February 24, 1872, and on the fourth of March Governor Booth appointed Isaac S. Belcher to fill the vacancy. On October 15, 1873, Elisha W. McKinstry was elected to the office. McKinstry took office January 12, 1874, and served until the reorganization of the Court under the new Constitution.

On October 20, 1869, William T. Wallace was elected to succeed Sawyer. Wallace assumed office on January 10, 1870, and served until the new Constitution effected a change in the Court.

On October 18, 1871, Rhodes was elected to succeed himself, and he served until the new Court came in.

Justice Shafter resigned December 11, 1867, and Governor Haight appointed J. B. Crockett to succeed him. On October 20, 1869, Crockett was elected to succeed himself, and he served until the change was effected by the new Constitution.

In 1879 the people adopted the new Constitution, which constituted the Supreme Court of a Chief Justice and six Associate Justices, and it provided:

The Chief Justice and the Associate Justices 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 election; 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 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 theni, 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.

At the election held on September 3, 1879, Robert F. Morrison was elected Chief Justice. At the same time Samuel Bell McKee, Erskine M. Ross, John R. Sharpstein, J. D. Thornton, E. W. McKinstry, and M. H. Myrick were elected Associate Justices. The new Court organized January 5, 1880, and on the classification, by lot, Ross and Sharpstein drew for four years, McKee and Myrick for eight years, and Thornton and McKinstry for twelve years.

On November 7, 1882, Sharpstein and Ross were elected to succeed themselves. They assumed office, by virtue of this election, January 1, 1883, as by the provisions of section ten of the schedule to the new Constitution, the terms of all officers elected at the first election under it were made one year shorter than the terms as fixed by law or by the Constitution.

Ross sent his resignation to the Governor on October 1, 1886, and at the election on November second, following, Jackson Temple was chosen to succeed him.

At the same election A. Van R. Paterson and Thomas B. McFarland were elected Associate Justices to succeed McKee and Myrick.

Judge McKinstry resigned July 30, 1888, to take effect October 1, 1888, and on September twenty-second, of that year, Governor Waterman appointed John D. Works to fill the vacancy, and at the election held on November 6, 1888, Works was chosen to succeed himself.

The following is a list of persons who have served as Chief Justices, together with the terms of service:

S. C. HASTINGS, from December 22, 1849, to January 1, 1852.
HENRY A. LYONS, January 1, 1852, to March 31, 1852.

HUGH C. MURRAY, March 31, 1852, to September 18, 1857.
DAVID S. TERRY, September 18, 1857, to September 12, 1859.
STEPHEN J. FIELD, September 12, 1859, to May 20, 1863.
W. W. COPE, May 20, 1863, to January 2, 1864.
SILAS W. SANDERSON, January 2, 1864, to January 1, 1866.
JOHN CURRY, January 1, 1866, to January 1, 1868.
LORENZO SAWYER, January 1, 1868, to January 1, 1870.
A. L. RHODES, January 1, 1870, to January 1, 1872.
ROYAL T. SPRAGUE, January 1, 1872, to February 24, 1872.
WILLIAM T. WALLACE, February 24, 1872, to January 1, 1880.
ROBERT F. MORRISON, January 1, 1880, to March 2, 1887.
NILES SEARLS, appointed by Governor Bartlett April 19, 1887.
WILLIAM H. BEATTY, elected by the people November 6, 1888.

Dates and Places of Deaths of Supreme Court Justices.

LYONS died at San Francisco, July 27, 1872.

BENNETT at San Francisco, April 20, 1886.

MURRAY at Sacramento, September 18, 1857.

WELLS at San José, October 31, 1854.

BRYAN at Carson City, May 14, 1877.

BALDWIN at San Francisco, September 29, 1864.
NORTON at London, May 12, 1872.
CROCKER at Sacramento, June 24, 1875.
SHAFTER at Florence, Italy, January 22, 1873.
SANDERSON at San Francisco, June 24, 1886.
SPRAGUE at Sacramento, February 24, 1872.
CROCKETT at Fruitvale, January 15, 1884.
MORRISON at San Francisco, March 2, 1887.
MCKEE at Oakland, March 2, 1887.

LEGISLATIVE DEPARTMENT.

UNITED STATES SENATORS.

JOHN C. FREMONT, elected December 20, 1849; term commenced December 20,

1849.

WILLIAM M. GWIN, elected December 20, 1849; term commenced December 20, 1849.

JOHN B. WELLER, elected January 30, 1852, to succeed Fremont; term commenced March 4, 1851. The former Legislature had failed to elect, and hence the unfilled vacancy. Weller was afterward Governor.

DAVID C. BRODERICK, elected January 10, 1857, to succeed Weller; term commenced March 4, 1857. He had been Lieutenant-Governor. WILLIAM M. GWIN, elected January 13, 1857, to succeed himself; term commenced March 4, 1855. Former Legislatures had failed to elect, and hence the unfilled vacancy. He died at New York September 3, 1885. HENRY P. HAUN, appointed by Governor Weller to succeed Broderick, deceased, October 26, 1859. He died at Marysville June 6, 1860.

MILTON S. LATHAM, elected to serve out the balance of Broderick's term, January 11, 1860. He had been Governor.

JAMES A. MCDOUGALL, elected April 2, 1861, to succeed Gwin; term commenced March 4, 1861. He had been Attorney-General.

JOHN CONNESS, elected February 10, 1863, to succeed Latham; term commenced March 4, 1863.

CORNELIUS COLE, elected December 16, 1865, to succeed McDougall; term commenced March 4, 1867.

EUGENE CASSERLY, elected December 20, 1867, to succeed Conness; term commenced March 4, 1869; resigned November 28, 1873. He had been State Printer.

AARON A. SARGENT, elected December 20, 1871, to succeed Cole; term commenced March 4, 1873. He died at San Francisco August_14, 1887. JOHN S. HAGER, elected for short term to fill Casserly vacancy, December 23, 1873.

NEWTON BOOTH, elected December 20, 1873, to succeed the Casserly term; term commenced March 4, 1875.

JAMES T. FARLEY, elected December 19, 1877, to succeed Sargent; term commenced March 4, 1879. He died at Jackson January 22, 1886.

JOHN F. MILLER, elected January 12, 1881, to succeed Booth; term commenced March 4, 1881. He died in office at Washington March 8,

LELAND STANFORD, elected January 28, 1885, to succeed Farley; term commenced March 4, 1885.

GEORGE HEARST, appointed by Governor Stoneman March 23, 1886, to serve on term of Miller, deceased.

A. P. WILLIAMS, elected August 4, 1886, to serve out Miller's unexpired term.

GEORGE HEARST, elected January 19, 1887, to succeed Williams; term commenced March 4, 1887.

REPRESENTATIVES TO CONGRESS.

The original State Constitution, adopted in 1849, provided that at the election to be held on November thirteenth of that year, there should be elected two members of Congress, and the first Legislature passed a law providing for the election of their successors at the general election in 1851. On April 24, 1852, a law was passed directing that Congressmen should be elected at the general election in 1852, and each second year thereafter. On April 15, 1858, an Act was passed providing that the Representatives should be chosen at the general election in 1859, and each second year thereafter. A law was passed on April 1, 1864, dividing the State into three Congressional Districts, and providing for the election of Representatives at the general election in 1864, and every two years thereafter. On March 13, 1866, an Act was passed fixing the time for the election of Congressmen at the general election in 1867, and every two years thereafter. A law was passed on March 11, 1868, fixing the time for the election of Representatives at the general election in 1868, and every two years thereafter. On April 4, 1870, an Act was passed providing for the election of Congressmen at the general election in 1871, and every two years thereafter. March 30, 1872, a law was passed dividing the State into four Congressional Districts, and providing that the members should be chosen at the general election in 1872, and every two years thereafter. The Political Code, as originally adopted, provided for the election of Congressmen at the general election in 1873, and every two years thereafter. The provision of the Code was superseded by the Act of March 30, 1872, which was subsequently passed by the same Legislature. On March 13, 1883, a law was passed to divide the State into six Congressional Districts. Since 1872 the time for the election of members of Congress has been fixed by Federal law.

The following is a list of the Representatives to Congress, since the organization of the State government:

Elected November 13, 1849: GEORGE W. WRIGHT and EDWARD GIL

BERT.

Elected September 3, 1851; term commenced March 4, 1851: J. W. MCCORKLE and E. C. MARSHALL.

Elected November 2, 1852; term commenced March 4, 1853: JAMES A. MCDOUGALL and MILTON S. LATHAM.

Elected September 6, 1854; term commenced March 4, 1855: JAMES W. DENVER and PHILIP T. HERBERT.

Elected November 4, 1856; term commenced March 4, 1857: CHARLES L. SCOTT and JOSEPH C. MCKIBBEN.

Elected September 7, 1859; term commenced March 4, 1859: CHARLES L. SCOTT and JOHN C. BURCH.

Elected September 4, 1861; term commenced March 4, 1861: AARON A. SARGENT, TIMOTHY G. PHELPS, and FREDERICK F. LOW.

Elected September 2, 1863; term commenced March 4, 1863: THOMAS B. SHANNON, WILLIAM HIGBY, and CORNELIUS COLE.

Elected November 8, 1864; term commenced March 4, 1865: D. C. MCRUER, WILLIAM HIGBY, and JOHN BIDWELL.

Elected September 4, 1867; term commenced March 4, 1867: SAMUEL B. AXTELL, WILLIAM HIGBY, and JAMES A. JOHNSON.

Elected November 3, 1868; term commenced March 4, 1869: SAMUEL B. AXTELL, AARON A. SARGENT, and JAMES A. JOHNSON.

Elected September 6, 1871; term commenced March 4, 1871: S. O. HOUGHTON, AARON A. SARGENT, and JAMES M. COGHLAN.

Elected November 5, 1872; term commenced March 4, 1873: CHARLES CLAYTON, HORACE F. PAGE, JOHN K. LUTTRELL, and S. O. HOUGHTON. Elected September 1, 1875; term commenced March 1, 1875: W. A. PIPER, HORACE F. PAGE, JOHN K. LUTTRELL, and P. D. WIGGINTON.

Elected November 7, 1876; term commenced March 4, 1877: HORACE DAVIS, HORACE F. PAGE, JOHN K. LUTTRELL, and ROMUALDO PACHECO. The Secretary of State refused to issue a certificate of election to Pacheco, there being but one vote majority for him, and his opponent, P. D. Wigginton, having taken steps to contest the election. At the January term, 1877, the State Supreme Court directed that a peremptory writ of mandate issue to the Secretary commanding him to canvass the vote as it had been transmitted to his office by the County Clerks, and to issue a certificate to the person thus shown to have received the highest number of votes. accordance with this decision the certificate of election was issued to Pacheco, and he proceeded to Washington and there took the oath of office on December 3, 1877. Wigginton contested the seat, and the House sustained his contest. Wigginton took the oath of office on February 7, 1878, and served out the remainder of the term.

In

Elected September 3, 1879; term commenced March 4, 1879: HORACE DAVIS, HORACE F. PAGE, CAMPBELL P. BERRY, and ROMUALDO PACHECO. Elected November 2, 1880; term commenced March 4, 1881: WILLIAM S. ROSECRANS, HORACE F. PAGE, CAMPBELL P. BERRY and ROMUALDO PACHECO.

Elected November 7, 1882; term commenced March 4, 1883: WILLIAM S. ROSECRANS, JAMES H. BUDD, BARCLAY HENLEY, P. B. TULLY, JOHN R. GLASCOCK and CHARLES A. SUMNER.

Elected November 4, 1884; term commenced March 4, 1885: BARCLAY HENLEY, JAMES A. LOUTTIT, JOSEPH MCKENNA, WILLIAM W. MORROW, CHARLES N. FELTON, and H. H. MARKHAM.

Elected November 2, 1886; term commenced March 4, 1887: THOMAS L. THOMPSON, MARION BIGGS, JOSEPH MCKENNA, WILLIAM W. MORROW, CHARLES N. FELTON, and WILLIAM VANDEVER.

Elected November 6, 1888; term to commence March 4, 1889: J. J. DE HAVEN, MARION BIGGS, JOSEPH MCKENNA, W. W. MORROW, THOMAS J. CLUNIE, and WILLIAM VANDEVER.

Dates and Places of Deaths of Representatives to Congress.

GILBERT was killed in a duel with James W. Denver, near Sacramento, August 2, 1852.

MCCORKLE died in Maryland, March 30, 1884.

MCDOUGALL at Albany, New York, September 3, 1867.

LATHAM at New York, March 4, 1882.

HERBERT at Kingston, Louisiana, July 23, 1864.

BURCH at San Francisco, August 31, 1885.

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