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SECTION 12. Absence from this state, on business of the state or of the United States, shall not affect the question of residence of any person.
Const. 1849, Art. XI, Sec. 19.
SECTION 13. A plurality of the votes given at any election shall constitute a choice, where not otherwise directed iu this constitution
Const. 1849, Art. XI, Sec. 20,
SECTION 14. The legislature shall provide by law for the maintenance aud efficiency of a state board of health.
SECTION 15. Mechanics, material men, artisans and laborers of every class, shall have a lieu upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the legislature shall provide by law for the speedy and efficient enforcement of such liens.
This section is not self-executing, but requires legislation. Spinney v. Griffith, 98 Cal. 149. ` And the provisions of laws enacted to carry it into effect must be complied with, in order to make the lien effectual, Where a contractor failed to file his contract with the recorder, the contract price being more than one thousand dollars, he was not entitled to a lien, Morris v. Wilson, 97 Cal. 644.
The constitution has provided, as the only means which the state has for the payment of its debts, the exercise of the sovereign power of taxation. And for each political subdivision the rule is the same, (Sec. 18, Art. XI) and one furnishing labor or materials to the state knows to what he must look for payment. He becomes a creditor of a specific fund, and has no rights except with respect to such fund. One cannot sue the state, unless expressly authorized by the legislature. (Sec. 6, Art. XX.) Under the constitution and laws of the state, there is no right of lien in favor of mechanics or others against any public building, and no such lien can be enforced against a public school building. Mayrhoffer v. Board of Education, 89 Cal. 110.
Commenting on Latson v. Nelson, (XI Pac. L. J. 589.) Held, the present constitution has not changed the rule that where a “valid contract” existed between the owner and contractor, the former could not be made liable to sub-contractors beyond the amount fixed therein. The provision of section 1184, C.C.P., declaring that in certain cases the sub-contractor, laborer and material man shall be deemed to have contracted directly with the owner, and have a valid lien for labor and material, are not unconstitutional. (So. Cal. Lumber Co. v. Schmidt, 74 Cal. 625.) Kellogg v. Howes, 81 Cal. 170. To same effect see D. H. L. Co. v. Gottschalk, Id. 641.
The mechanics' lien law (sections 1183 to 1199) was sustained as constitutional in Quale v. Moon, 48 Cal. 478, and Hicks v. Murray, 43 Cal. 521. And it was not the intention to repeal or abrogate this law by the new constitution. Such law was preserved in full force and effect by section 1, article XXII, of this constitution, Germania B. & L. Association v. Wagner, 61 Cal. 349.
SECTION 16. When the term of any officer or commissioner is not provided for in this coustitution, the term of such otficer or commissioner may be declared by law; and, if not so de. clared, such officer or commissioner shall hold his position as such officer or commissioner during the pleasure of the author. ity making the appointment; but in no case shall such term exceed four years.
Const, 1819, Art. XI, Sec. 7.
Where a city ordinance provided that the chief of the fire department should be appointed to hold office one year or until his successor should be appointed and qualified, the term of such office not being fixed by the constitution or law, and the organic act of the city provided that the trustees may appoint and remove policemen and other subordinate officers as they may deem proper. Held, the chief could be removed and another appointed in his stead within the year, and it would seem that the city trustees could not by ordinance limit their right of removal. Higgins v. Cole, 100 Cal. 260, and see People v. Edwards, infra.
The provision that in no case shall such term exceed four years does not preclude a person from holding over until a successor is qualified, but merely limits the term for which a person can be elected or appointed. People v. Edwards, 93 Cal. 153; citing People v. Hammond, 66 Cal. 654.
The provisions of Political Code (Secs. 3004 et seq.) providing for a board of health for San Francisco, violates this provision in establishing the term of office as five years.
The members of said board are officers within the meaning of section 7, article XI, constitution, (constitution of 1849, amendment, 1863,) and a vacancy occurred at the expiration of four years after the appointment. People v. Perry, 79 Cal. 105.
Plaintiff was appointed a police officer of Sacramento and was dismissed without written charges being presented against him or a trial. Such charges and trial were provided for in the sixth section of the act of March 6, 1872 (Stats. p. 244), incorporating the city of Sacramento. Section 7, article XI, of the constitution of 1849 was substantially the same as section 16, article XX, of the constitution of 1879, In People v. Hill, 7 Cal, 102, it was said: “When the time or term of holding is not fixed, the tenure of the office is at the pleasure of the appointing power. This power of removal cannot be taken away, except by limiting the term.' Smith v. Brown, 59 Cal. 672, decided on authority of People v. Hill, supra; see also People v. Edwards, 93 Cal. 153. (Sec. 7, Art. XI, Const. 1863.)
The commissioners to manage the Yosemite valley, provided under the act of April 15, 1880 (Stats. p. 205), and the act of April 2, 1866 (Stats. p. 710), were officers, though it may be admitted that one may sometimes be charged as trustee who is clothed with a power with reference to real estate where the legal title is not vested in him. Said commissioners being officers, their terms of office ex
pired four years after their appointment. People v. Ashburner, 55 Cal. 517.
That a school teacher elected by a city board of education without any limitation as to time or duration of term is entitled to hold the position while competent and faithful, and can only be dismissed for violation of rules, incompetency or the like, is dissented to by Fox and McFarland, JJ., as trary to section 16, article XX, and to the entire spirit Henning's Const. (2nd ed.) p. 417.
SECTION 17. The time of service of all laborers or workmen or mechanics employed upon any public works of the state of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public work and prescribe proper penalties for the speedy and efficient enforcement of said
law. (Amendment adopted November 4, 1902.] section, for saloolis or ployed as bar tender, solicitor, waitress, etc., a license of one hundred and fifty dollars per month, Held, the ordinance is a valid exercise of police power. Commenting on opinions expressed in the case of Maguire, 57 Cal. 610. Ex parte Felchlin, 96 Cal. 360.
An ordinance of city and county of San Francisco which declared it a misdemeanor to employ, cause or procure any female to wait or in any manner attend on any person in any dance cellar or place where liquors are used or sold, or for any female to attend or wait upon persons in such places, or for any person owning or having charge of such cellar or place where liquors are sold to suffer or permit any female
to remain therein between the hours of 6 P. M. and 6 A. M. (and excepting hotels) is unconstitutional, as discriminating against females engaging in occupations on account of sex, the business not being declared unlawful. Matter of Maguire, 57 Cal. 604.
SECTION 19. Nothing in this constitution shall prevent the legislature from providing, by law, for the payment of the expenses of the convention framing this constitution, includiug the per diem of the delegates for the full term thereof,
SECTION 20. Elections of the officers provided for by this constitution, except at the election in the year eighteen hundred and seventy-nine, shall be held on the even numbered years next besore the expiration of their respective terms The ternis of such officers shall commence on the first Monday after the first day of January next following their election.
Const. 1849, Art, IV, Sec, 39, and Schedule Sec. 8.
Term of office of Superior Judge commences on irst Monday after first of January next following his election, Bank of Merced v. Rosenthal, 99 Cal. 39. Affirming same case, 31 Pac. Rep. 849. Justices of the peace were officers to be elected in 1879, and afterwards on even numbered years, and their term of office was shortened one year by section 10 article XXII. People v. Ransom, 58 Cal. 560, and see People v. Harvey, Id. 337 as to school director, and Wood 1. Election Commissioners, Id 561. Justices of the peace are judicial officers and are included in section 10 of article XXII. McGrew v. Mayor of San Jose, 55 Cal. 611.
The county clerk of San Francisco elected in September 1879, was entitled to take his office on the first Monday in December of that year under the provisions of the “consolidation act.” The officers whose terms are by this section required to commence in January succeeding their election, are not the county and municipal officers mentioned in section 5, article XI, and whose terms the legislature is expressly directed to fix. In re Stuart, 53 Cal. 745.
The section is referred to in People v. Pendegast, 96 Cal. 291, to the effect that state senators are to be