Slike strani
PDF
ePub

The act of March 4, 1889, (Stats. p. 56) providing a police relief and pension fund, does not grant extra compensation. Pennie v. Reis, 80 Cal. 266.

A resolution of the senate making an extra allowance to pages, porters, watchmen, etc., for services already performied, is void, either as a gift or as extra compensation. Robinson v. Dunn, 77 Cal. 473.

The act of April 23, 1880, (Stats. p. 389) to promote drainage, was deciared unconstitutional in People v. Parks, 58 Cal. 624. Claims against the state having been justly incurred under said act, prior to its being held unconstitutional, the legislature had power to pass the act of March 10, 1885, (Stats. p. 78) appropriating money to pay said claims. Miller v. Dunn, 72 Cal. 462.

A contract between the supervisors and a district attorney, by which the latter is engaged, for a compensation, to attend to a suit against the county which is to be tried after his term of office expires, and in another county, is not an allowance of extra compensation. Jones v. Morgan, 67 Cal. 308, and see Smith v. Dunn, 64 Cal, 164. (Par. 29, Sec. 25, Art. IV.)

SECTION 33. The legislature shall pilss laws for the regu lation and limitation of the charges for services performed

and

commodities furnished by telegraph and gas corporations,

and the charges by corporations or individuals for storage and wharfage, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates; no such person or officer shall be selected by any corporation or individual interested in the business to be regulated, and no person shall be selected who is an officer or stockholder in any such corporation.

SECTION 34. No bill making an appropriation of money, except the general appropriation bill, shall contain more than one item of appropriation, and that for one single and certain purpose to be therein expressed.

An act (Stats. 1891, p. 283) to encourage the culti

vation of ramie, to provide a bounty for ramie fibre, to make an appropriation therefor, to appoint a state superintendent and make appropriation for his salary, contains two distinct items of appropriation, for expressly different special purposes, and is in valid. Murray v. Colgan, 94 Cal. 435. The act of 1889, (Stats. p. 69) appropriating money for building site and erection thereon of home for feeble minded children contains but one item for one purpose. People v. Dunn, 80 Cal. 211.

SECTION 35. Any person who seeks to influence the vote of a member of the legislature by bribery, promise of reward, intimidation, or any other dishonest means, shall be guilty of lobbying, which is hereby declared a felony; and it shall be the duty of the legislature to provide, by law, for the punishment of this crime. Any member of the legislature, who shall be influenced in his vote or action upon any matter pending before the legislature by any reward, or promise of future reward, shall be deemed guilty of a felony, and upon conviction thereof, in addition to such punishment as may be provided by law, shall be disfranchised and forever disqualified from holding any office or public trust. Any person may be como pelled to testify in any lawful investigation or judicial proceeding against any person who may be charged wi h having committed the offense of bribery or corrupt solicitation, or with having been influenced in his vote or action, as a member of the legislature, by reward, or promise of future reward, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to public insamy; but such testimony shall not afterwards be used Kenning's Const. (2nd ed.) p. 182.

SE TION 36. The legislature shall have power to establish a system of state highways or to declare any road a state highway, and to pass all laws necessary or proper to construct and maintain the same, and to extend aid for the construction and maintenance in whole or in part of any county highway. (Amendment adopted November 4, 1902.]

[ocr errors]

ARTICLE V.

EXECUTIVE DEPARTMENT. SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the gova ernor of the state of California. Const. 1849, Art. V, Sec. 1.

See Stande v. Election Commissioners, 61 Cal. 322, cited under Art. III.

SECTION 2. The goveruor shall be elected by the qualified electors at the time and places of voting for members of the assembly, aud shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his successor is elected and qualified.

Const. 1849, Art. V, Sec. 2.

Referred to in Merced Bank v. Rosenthal, 99 Cal. 39.

Sections 2, 15, 16, of this article correspond with sections 2, 16, 17, of article V, of former constitution, except in certain particulars. As to vacancy in office of governor, see People v. Whitman, 10 Cal. 45. Approved in Treadwell v. Yolo Co., 62 Cal. 569. Referred to also in Barton v. Kalloch, 50 Cal. 101.

SECTION 3. No person shall be eligible to the office of govo ernor who has not been a citizen of the United States and a resident of this state five years next preceding his election, and attained the age of twenty-five years at the time of such election.

Const, 1849, Art, V, Sec, 3, SECTION 4. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor; but, in case any two or more have an equal and the highest number of votes, the legislature sball, by joint vote of both houses, choose one of such persons so having an equal and the lighest number of yotes, for governor.

Const. 1849, Art. V, Sec. 4.

SECTION 5. The governor shall be commander-in-chief of the militia, the army and navy of this state.

Const. 1849, Art. V, Sec. 5.

SECTION 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respect. ive oflices.

Const. 1849, Art. V, Sec. 6.

SFCTION 7. He shall see that the laws are faithfully exe. cuted.

Const. 1819, Art. V, Sec. 7.

SECTION 8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and law for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislature, or at the next election by the people.

Const. 1849, Art. V, Sec. 8.

Where an officer continues in the discharge of duties after term for which he was appointed has expired, and before the qualification of a successor, there is no vacancy in any sense which would authorize appointment by governor, without consent of the senate the office must have become vacant by death or resignation, or by some other event by which the duties of the office are no longer discharged before the governor's function of appointment is called into existence. People v. Edwards, 93 Cal. 153. See also People v. Hammond, 66 Cal. 654.

A vacancy by death having occurred in office of state board of health, the governor appointed one Tyrrell to the office for the term of four years, and the latter duly qualified Nov. 19, 1885. In January, 1885, the legislature being in session, the senate confirmed this appointment, but the goverror did not thereafter issue any commission to Tyrrell, who continued to perform the duties of the office, nor did he, subsequent to confirmation by the senate, take any

.

oath of office. On March 18, 1889, also during recess of the legislature, the governor appointed one Laine to said office, and the latter duly qualified. Held, the appointment of T. in 1884 was in legal effect, only to fill the vacancy then existing, the governor having no power to appoint for a longer time than the recess of the legislature, (Sec. 1000, Political Code) and such appointment did not require confirmation by senate. Under this appointment T. could hold the office until his successor was duly qualified. (Sec. 879, Political Code.) The mere expiration of the term of office does not create a vacancy. Whether the announcement by the governor to the senate of his appointment of T. and the action of the senate thereon constituted an appointment of T. as his own successor, not decided. The appointment of L. in 1889 was invalid because T. was discharging duties of the office under his appointment which was valid at least until the end of the next session of the legislature, and while there was an incumbent there was no vacancy to be filled by the governor. (People v. Tilton, 37 Cal, 614; People v. Bissell, 49 Cal. 407.) People v. Tyrrell, 87 Cal. 475.

It is said in Rosborough v. Boardman, 67 Cal. 117, that the enumeration of causes by which vacancies occur, contained in section 996 Political Code, is exclusive, and an office does not become vacant except upon the happening of one of the events there enumerated. Citing among other cases, People v. Bissell, 49 Id. 411; but that authority contains the words “or some other event,” and Thornton J., concurring in the Rosborough decision (p. 119) says “there may be other cases where an office becomes vacant in the sense of the words 'becomes vacant' employed in article V, section 8 of the constitution, not mentioned above or defined in section 996."

It was the intent of the present as well as of the former constitution to limit the patronage of the governor. Treadwell v. Yolo Co., 62 Cal. 568, approving People r. Mizner, 7 Cal. 519.

« PrejšnjaNaprej »