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water-rates, where necessary, within such time, shall be subject to peremptory process to compel action at the suit of any party interested, and shall be liable to such further processes and penalties as the Legislature may prescribe. Any person, company, or corporation collecting waterrates in any city and county, or city or town in this state, otherwise than as so established, shall forfeit the fran. chises and water-works of such person, company, or corporation to the city and county, or city or town where the same are collected, for the public use.
§ 2. The right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the man. ner prescribed by law.
Water rights.-Powers granted to a water company to lay and collect water rates in a city, although unconstitutional when applied to the company, are not so when the works, etc., are subsequently transferred to the municipal corporation. Allentown v. Henry, 73 Pa. St. 404.
HARBOR FRONTAGES, ETC.
§ 1. The right of eminent domain is hereby declared to exist in the State to all frontages on the navigable waters of this State.
§ 2. No individual, partnership, or corporation, claim. ing or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof.
§ 3. All tide lands within two miles of any incorporated city or town in this State, and fronting on the waters of any harbor, estuary, bay, or inlet used for the purposes of navigation, shall be withheld from grant or sale to private persons, partnerships, or corporations.
§ 1. The Legislature shall not, in any manner, create any debt or debts, liability or liabilities, which shall, singly or in the aggregate with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war to repel invasion or suppress insurrection, unless the same shall be authorized by law for some single object or work to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it fails due, and also to pay and discharge the principal of such debt or liability within twenty years of the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until, at a general election, it shall have been submitted to the people and shall have received a majority of all the votes cast for and against it at such election; and all moneys raised by authority of such law shall be applied only to the specific object therein stated, or to the payment.of the debt thereby created, and such law shall be published in at least one newspaper in each county, or city and county, if one be published therein, throughout the State, for three months next preceding the election at which it is submitted to the people. The Legislature may at any time after the ap
proval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same.
State debt.-This article limits the public indebtedness to a fixed sum, except under peculiar circumstances. 1 As to what is the creation of a debt within the meaning of this article.2 Appropriations, when do not create State debts. This article is mandatory. All debts contracted in violation of it are void, and the le lature has no power to levy a tax or to appropriate money to pay them. Claims outstanding contracted in defiance of this article can be legalized by being submitted to a vote of the people, and in no other manner.4 The power to determine when a state of war exists is vested in the legislative department, and its determination is not subject to review.5 No limitation is imposed upon the amount of State indebtedness which may be created by the legislature in case of war, to repel invasion, or to suppress insurrection. This article does not prevent the State authorizing counties or municipal corporations to create debts, or the legislature authorizing the local authorities to aid in the construction of railroads.The limitaticn of State powers applies to the State alone. 8
1 S. & V. R. R. Co. v. Stockton, 41 Cal. 167. 2 State v. McCauley, 15 Cal. 429.
3 People v. Pacheco, 27 Cal. 209; Koppikus v. State Capitol Com. missioners, 16 Cal. 248. 4 Nougues v. Douglass, 7 Cal. 65. 5 People v. Pacheco, 27 Cal. 221. 6 Franklin v. Board of Examiners, 23 Cal. 173.
7 Pattison v. Board of Supervisors of Yuba, 13 Cal. 175. But see Article XI, Section 18, ante.
8 Hallenbeck v. Hahn, 2 Neb. 399.
LAND, AND HOMESTEAD EXEMPTION.
2. Land monopoly.
§ 1. The Legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.
See Ala. XIV; Ark. IX; Colo. XVIII, 1; Fla. X; Ga. VII; III. IV, 32; Kans. XV,9; Mich. XVI; Nev. IV, 30 ; N. C. X; Tenn. XI, 11 ; Tex. XVI, 51; Va. XI; W. Va. VI, 48.
Homesteads.—The constitutional provision which exempts a homestead of a certain quantity is a limitation on the power of the legislature to reduce the exemption below that quantity, but not on the power to increase it.1 The title to tbe liomestead is vested in the owner, and no allotment by the sheriff is necessary to vest title thereto.2 It is the intention of the constitution to protect a family in its honest rights, but not a family neither connected by blood nor by marriage.3
1 David v. David, 56 Ala. 49; Martin c. Hughes, 67 N. C. 293.
Exemption laws.-States may pass exemption laws,1 but if the exemption is too large, and materially affects the remedies, it is void;2 as where a new constitution deprives courts of jurisdiction to sell exempt property. 3 Statutes exempting from execution impair the obligation as to prior contracts. The legislature may exempt real as well as personal property;5 but if the law is to enable the holding of large properties rather than to secure the well-being of citizens, it is void.6 So, a State cannot enact a law to exempt property if it was liable to seizure and appropriation when the debt was incurred. 7 A State law exempting a homestead is valid if it is such as sound policy dictates,8 although it leaves the debtor no property liable to execution.9 Such a law is valid so far as it affects