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(ORIGINAL SECTION.] SECTION 6. The pumber of senators shall not be less than one-third nor more than one-half of that of the members of assembly; and at the first session of the legislature after this constitution takes effect, the senators shall be divided by lot as equally as may be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually.
SECTION 7. When the number of senators is increased, they shall be apportioned by lot, so as to keep the two classes ag nearly equal in number as possible,
SECTION 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.
SECTION 9. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent memberg in such manner and under such penalties as each house may provide.
SECTION 10. Each house shall determine the rules of its own proceedings, and may, with the concurrence of two-thirds of all the members elected, expel a member.
SECTION 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journal.
SECTION 12. Members of the legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the sessiou of the legislature, nor for fifteen days next be. fore the commencement and after the termination of each session.
SECTION 13. When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall issue writs of election to till such vacancies.
SECTION 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.
SECTION 15. Neither house shall, without the consent of the other, adjourn for more than three days, vor to any other place than that in which they may be sitting.
SECTION 16. Any bill may originate in either house of the
legislature, and all bills passed by one house may be amended in the other.
SECTION 17. Every bill which may have passed the legislature shall, before it becomes a law, be presented to the gov. ernor. If he approve it, he shall sign it; but if not be shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of twothirds of the members of each house present, it shall become a law notwithstanding the governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sundays excepted) the same shall become a law, in like manner as if he had signed it, unless the legisla. ture, by adjournment, prevent such return.
An adjournment of either house from day to day is not such adjournment as would prevent the governor from returning a bill with his objections thereto, within the ten days allowed. If the house to which it is directed be not in session at the time, and it being the last of the ten days within which the bill should be returned, it should be placed beyond the executive control by leaving it with presiding officer, secretary or other suitable officer of the house to which it is directed. Harpending v. Haight, 39 Cal. 189.
In computing the ten days within which a bill should be returned, the day on which it is delivered to the governor is excluded. Iron Mountain Co. v. Haight, 39 Cal. 540. The decision in People v. Whitman, 6 Cal. 659, was predicated on the fact that “Sunday” in the singular was printed in the statute instead of “Sundays." In computing the ten days allowed for return of a bill, the day on which it reaches the governor is to be excluded. Price v. Whitman, 8 Cal. 412. See also Ex parte. Newman, 9 Cal. 522. The case distinguished in Taylor v. Palmer, 31 Cal. 245.
Under this provision, the bill must be signed by the governor, if at all, before adjournment of the legislature. In the matter of approving bills the governor acts as a component part of the legislative power. Parol evidence is not admissible to ascertain the motives or inducements prompting the enactment. Fowler v. Pierce, 2 Cal. 165; Harpending v. Haight, 39 Cal. 202. As to parol evidence yenerally in testing validity of a statute. Id. Also Sherman v. Storey, 30 Cal. 253; Hahn v. Kelley, 34 Id. 424; 0. & V. R. R. v. Plumas Co., 37 Id. 354; People v. Burt, 43 Id. 563.
SECTION 18. The assembly shall have the sole power of impeachment and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
SECTION 19. The governor, lieutenant governor, secretary of state, controller, treasurer, attorney general, surveyer general, justices of the Supreme Court, and judges of the District Court, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the state;but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanors in office in such a manner as the legislature may provide.
The impeachment of other officers than those named is left to be provided for in such courts and in such manner as the legislature shall prescribe. State harbor commissioner may be proceeded against for extortion and neglect in office upon complaint of private citizen, in District Court, under act of March 14, 1853, (Stats. p. 40.) In the matter of John Marks, 45 Cal. 199.
SECTION 20. No senator or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state which shall have been created or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.
The section does not prohibit a state senator from
occupying the office of harbor commissioner, the salary of which office has not been increased during his senatorship.
SECTION 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this state; provided, that officers in the militia to which there is attached no annual salary, or local officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.
A person who at the time of his election to the office of district judge was acting as inspector of customs of the United States at a salary of $3.75 per day, under and by virtue of appointment by the collector of the port at San Francisco, but which appointment was never approved by the secretary of the treasury, was not ineligible to said judgeship. People v. Turner, 20 Cal. 143. Eligible means capable of be. ing chosen; the subject of election or choice, and a person holding such office as is mentioned in this section at the time of being voted for is ineligible. The word compensation means the income of the office and not the net profits of it. Searcy v. Grow, 15 Cal. 118. (See also People v. Whitiman, 10 Id. 38; Sanders v. Haynes, 13 Id. 146.) And votes given for an ineligible candidate are not to be counted for the next highest candidate, Id. See also People v. Leonard, 73 Cal. 230.
The office of harbor commissioner of San Francisco, to which there is attached a salary of one thousand dollars per annum, is a lucrative office. A mere de facto incumbency of such office would not render the incumbent ineligible to a county office. He must be an incumbent de jure to render him ineligible. (People v. Turner, 20 Cal. 142.) Orawford v. Dunbar, 52 Cal. 36.
SECTION 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this state shall ever be eligible to any office of honor, trust or profit under this state; and the legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzle. ment or defalcation as a felony.
SECTION 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to and published with the laws at every regular session of the legislature.
When no appropriation has been made, mandamus will not lie to compel the controller to draw his warrant for payment of any demand, that is, unless the appropriation therefor has been made either by the constitution or an act of the legislature, McCauley v. Brooks, 16 Cal. 11; approved in Bagget v. Dunn, 69 Cal. 77. "Not otherwise appropriated" refers to the time of the act in which the phrase is used, or to the appropriation acts of the same legislature and not to any subsequent legislature, nor to a fund to be afterwards paid into the treasury to be appropriated by a subsequent legislature for the purposes for which such fund is designed. Baggett v. Dunn, supra. McCauley v. Brooks is commented on in Stratton v. Green, 45 Cal. 151, and the rule upon the same subject laid down in Redding v. Bell, 4 Cal. 333, is adopted, wherein it is held that the act creating the office of state printer and directing the controller to draw his warrants on the treasurer for such sums as may be due the state printer is not a specific appropriation. It must appear that there is money in the treasury not otherwise appropriated, out of which the compensation is required to be paid. See also English v. Supervisors, 19 Cal. 184, and cases there cited.
SECTION 24. The members of the legislature shall receive for their services a compensation to be ked by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have beeu elected,
SECTION 25. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title; and no law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be re-enacted and published at length.