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 legislature 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. 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 limitation 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 Commissioners, 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.

ARTICLE XVII.

LAND, AND HOMESTEAD EXEMPTION.

§ 1. Homesteads.

§ 2. Land monopoly.

3. Lands granted only to actual settlers.

§ 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 the homestead 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 v. Hughes, 67 N. C. 293. 2 Lambert v. Kinnery, 74 N. C. 348.

3 Howard v. Marshall, 48 Tex. 471.

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. So, a State cannot enact a law to exempt property if it was liable to seizure and appropriation when the debt was incurred. A State law exempting a homestead is valid if it is such as sound policy dictates, although it leaves the debtor no property fiable to execution. Such a law is valid so far as it affects

debts created after its passage, though prior to the declaration of homestead. 10 The subjection of property to execution, which was not so at the time the contract was made, does not impair the obligation of the contract.11 No exemption can be allowed, as against a mortgagee claiming under a mortgage made prior to the law allowing the exemption.12 An exemption law cannot divest the lien of a judgment and leave no means for the collection of the debt. 13 So, creating a new exemption by a constitutional provision impairs the obligation of prior contracts. 14 An act making the failure to file for record a declaration of homestead a forfeiture of the homestead right, is not unconstitutional. 15

1 Planters' Bank v. Sharp, 6 How. 301; Von Hoffman v. Quincy, 4 Wall. 535; Morse v. Gould, 11 N. Y. 281.

2 Edwards v. Kearzey, 96 U. S. 611; Grimes v. Byrne, 2 Minn. 89; Stephenson v. Osborne, 41 Miss. 119; Morse v. Gould, 11 N. Y. 281; Lessley v. Phipps, 40 Miss. 790; Hill v. Kessler, 63 N. C. 436; Jacobs v. Smallwood, Ibid. 112; Cusic v. Douglass, 3 Kans. 23.

3 Hardeman v. Downer, 39 Ga. 425.

4 Quackenboss v. Danks, 1 Denio, 128; 1 N. Y. 129; Hawthorne v. Calef, 2 Wall. 23. But see contra, Mede v. Hand, 5 Am. Law Reg. N. S. 82; Rockwell v. Hubbell, 2 Doug. 197; Morse v. Gould, 11 N. Y. 281. And see Roby v. Boswell, 23 Ga. 51.

5 Hill v. Kessler, 63 N. C. 436; Jacobs v. Smallwood, Ibid. 112.

6 Cusic v. Douglas, 3 Kans. 23.

7 Penrose v. Erie Can. Co. 56 Pa. 46; State v. Bank, 1 Rich. N. C. 63. 8 Cusic v. Douglas, 3 Kans. 23; Root v. McGrew, Ibid. 215.

9 Hill v. Kessler, 63 N. C. 436.

10 In re Henkel, 2 Sawy. 305.

11 Reardon v. Searcy, 2 Ribb, 202.

12 Shelor v. Mason, 2 Rich. N. S. 233.

13 Gunn v. Barry, 15 Wall. 610; Smith v. Morse, 2 Cal. 524; Tillotson v. Millard, 7 Minu. 513; McKeithan v. Terry, 64 N. C. 25; Forsyth v. Marbury, R. M. Charlt. 324. But see Hardeman v. Downer, 39 Ga. 425; In re Kennedy, 2 Rich. N. S. 116; Adams v. Smith, Ibid. 228.

14 Gunn v. Barry, 15 Wall. 610; Jones v. Brandon, 48 Ga. 593. 15 Noble v. Hook, 24 Cal. 638.

§ 2. The holding of large tracts of land, uncultivated and unimproved, by individuals or corporations, is against the public interest, and should be discouraged by all means not inconsistent with the rights of private property. DESTY CAL. CON.-31.

§ 3. Lands belonging to this State, which are suitable for cultivation, shall be granted only to actual settlers, and in quantities not exceeding three hundred and twenty acres to each settler, under such conditions as shall be prescribed by law.

ARTICLE XVIII.

AMENDING AND REVISING THE CONSTITUTION.

§ 1. Proposal of amendments-Submission to vote.
2. Revision-Convention for.

§ 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly, and if two-thirds of all the members elected to each of the two Houses shall vote in favor thereof, such proposed amendment or amendments shall be entered in their Journals, with the yeas and nays taken thereon; and it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people in such manner, and at such time, and after such publication as may be deemed expedient. Should more amendments than one be submitted at the same election they shall be so prepared and distinguished, by numbers or otherwise, that each can be voted on separately. If the people shall approve and ratify such amendment or amendments, or any of them, by a majority of the qualified electors voting thereon, such amendment or amendments shall become a part of this Constitution.

With the yeas and nays taken thereon-Ark. XIII, 1; Fla. XVIII, 1; Ill. XIV, 2; Ind. XVI, 1; Iowa, X, 1; Kans. XIV, 1; La. (IX), 147; Mass. Amend. IX; Mich. XX, 1; Mo. XII, 2; Nev. XVI, 1; N. J. IX, 1; N. Y. XIII, 1; Ohio, XVI, 1; Or. XVII, 1; Pa. X, 1; R. I. XIII, 1; S. C. XV, 1; Tenn. X, 3; Va. XII, 1; W. Va. XII, 2; Wis. XII, 1.

same.

§ 2. Whenever two-thirds of the members elected to each branch of the Legislature shall deem it necessary to revise this Constitution, they shall recommend to the electors to vote at the next general election for or against a Convention for that purpose, and if a majority of the electors voting at such election on the proposition for a Convention shall vote in favor thereof, the Legislature shall, at its next session, provide by law for calling the The Convention shall consist of a number of delegates not to exceed that of both branches of the Legisla ture, who shall be chosen in the same manner, and have the same qualifications, as members of the Legislature. The delegates so elected shall meet within three months after their election at such place as the Legislature may direct. At a special election to be provided for by law, the Constitution that may be agreed upon by such Convention shall be submitted to the people for their ratification or rejection, in such manner as the Convention may determine. The returns of such election shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the returns so certified to him; and it shall be the duty of the Executive to declare, by his proclamation, such Constitution, as may have been ratified by a majority of all the votes cast at such special election to be the Constitution of the State of California.