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lowa, IV, 20; Kan. 1, 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; Tes. 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. 1,9; La. III, 72; Me. IX,3; Ma. IV, Pt. 1, 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 offi. cer not removable at his pleasure. 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. 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 inc able 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 sball have been elected.

1 Ala. VI, 2; Conn. IV, 3; Amend. IV; Fla, V, 14; Ill. VI, 3; Iowa,
IV, 3; Kan. 1, 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. II. I; onio, 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, 4); 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.

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.


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;? so as to the attorney-general,3 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. 361. 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,

as follows: Governor, six thousand dollars per annum; Lieutenant-Governor, the same per diem as may be provided by law for the Speaker of the Assembly, to be allowed only during the session of the Legislature; the Secretary of State, Controller, Treasurer, Attorney-General, and Surveyor-General, three thousand dollars each per annum, such compensation to be in full for all services by them respectively rendered in any official capacity or employment whatsoever during their respective terms of office; provided, however, that the Legislature, after the expiration of the terms hereinbefore mentioned, may, by law, diminish the componsation of any or all of such ofticers, but in no case shall have the power to increase the same above the sums hereby fixed by this Constitution. No salary shall be authorized by law for clerical service, in any office provided for in this article, exceeding sixteen hundred dollars per annum for each clerk employed. The Legislature may, in its discretion, abolish the office of Surveyor-General;1 and none of the officers hereinbefore named shall receive for their own use any fees or perquisites for the performance of any official duty.?

1 Ala. V, 19; Ark. VI, 1; Conn. IV, 4; Md. IX, 1; N. Y. IV, 8; N. C. III, 15; Ohio, III, 19; R. I. VII, 2; S. C. III, 13; Wis. IV, 26. 2 Pa. III, 7.

Compensation applies only to those officers who receive a fixed salary from the State. An act may postpone its operation until the expiration of the term of the incumbent.2 These clauses should be construed together, and be interpreted to mean that until the legislature shall fix the salary, the fees of the office are not to be paid into the county treasury.3 The right to enact laws fixing the salaries or compensation of public officers and to modify them in all cases is not prohibited by the Constitution of the United States.

1 Milwaukec Co. v. Hackett, 21 Wis. 613.
2 Perot's Case, 86 Pa. St. 335.
3 Perot's Case, 86 Pa. St. 335.
4 State v. Smedes, 26 Miss. 47.

§ 20. The Governor shall not, during his term of office, be elected a Senator to the Senate of the United States.

See Mich.


ex. IV, 6.



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1 Judicial powers.
2 Supreme court, how constituted.
3. Election of supremo justices.
4. Jurisdiction of supreine court.
5. Superior court, jurisdiction.
6. Superior court, how constituted.
7. Superior judges, apportionment of business.
8. Judge may hold court in other county-Judge pro tempore.
9. Leave of absence-Limitation of time.
10. Justices and judges, how removed.
11. Justices of the peace, provision for.

12. Courts of record.
Š 13. Jurisdiction of inferior courts to be fixed by legislaturo. ;
Š 14. Clerks of courts and court commissioners.

15. Judicial officers not to receive fees and perquisites.

16. Supreme court opinions to be published.
Š 17. Compensation of justices and judges.
Š 18. Justices anal judges ineligible to other offices.
$ 19. Charges to juries.
$ 20. Style of process.
$ 21. Reporter of supreme court decisions.
§ 22. Judges not to practice law.
Š 23. Eligibility of justices and judges.
Š 24. Condition precedent to draft of salary

§ 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such inferior Courts as the Legislature may establish in any incorporated city or town, or city and county.

IU. VI, 1; Mich. VI, 1; Nev. VI 1; N. C. IV, 4; S. C. IV, 1,

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