ARTICLE IV.

LEGISLATIVE DEPARTMENT.

Sec. 1, Enacting clause of laws.

2. Sessions of legislature.
3. Election and term of assemblymen.
4. Qualifications of members.
5. Election and term of senators.
6. Number and classes of senators.
7. Increase and apportionment of senators.
8. Organization of houses.
9. Quorum-number necessary.
10. Rules of government.
11. Journals of legislature.
12. Privileges of members.
13. Vacancies, how filled.
14. Open doors and secret sessions.
15. Adjournmeuts.
16. Origin and passage of bills.
17. Approval and veteos of governor.
18. Impeachments.
19. What officers liable to impeachment
20. Legislator ineligible to office created during his term,
21. Ineligibility because of holding lucrative office.

Embezzlement and defalcations-penalty for.
23. Appropriations necessary in order to draw public

moneys.
21. Compensation of members not to be increased.
25. Title of laws-amendment and revision,
26.

Divorce not to be granted.
27. Lotteries prohibited.
28. Census, when and how taken.
29. Apportionment of legislators.
30. Congressional and legislative districts.
31. Corporations to be formed under general laws.
2. Stockholders individually liable.
33. Powers and duties of corporations.
34. Banks of deposit.
35. Issuing of money prohibited.
36. Individual liability of corporators.
37. Municipal Corporations.
38. Viva yoce elections in legislature.
39. Incumbents not affected by amendment of 1862.

22.

ARTICLE V.

EXECUTIVE DEPARTMENT.
Sec. 1. Governor invested with executive power.

2. Election and term of office of governor.
3. Qualifications for office.
4. Return and count of votes for governor.
5. Commander in chief of militia.
6. Governor to transact all executive business.
7. To see that laws are faithfully executed.
8. To fill certain vacancies.

SEC. 9. May con vene the legislature.

10. Executive messages.
11. To adjouru legislature in cases of disagreement.
12. Governor not to hold other office.
13. Reprieves and pardons.
14. Keeper of great seal of state.
15. To sign and seal grants and commissions.
16. The lieutenant governor.
17. When duties of governor devolve upon.
18. State officers, election and terms of.
19. Secretary of state, duties of.
20. Election of state officers.
21. Compensation not to be increased or diminished.

ARTICLE VI.

JUDICIAL DEPARTMENT,
Sec. 1. Judicial powers, where vested.

2. Supreme Court, how constituted.
3. Election of justices of Supreme Court.
4. Jurisdiction of Supreme Court.
5. District judges-terms-absence.
6. District Courts, jurisdiction of.
7. County Courts, judges, terms and powers.
8. Jurisdiction of County Courts.
9. Justices of the peace, jurisdiction, etc.
10. Recorders and other inferior courts.
11. Clerks of courts, powers and duties.
12. Terms of courts, how fixed.
13. Fees and perquisites of judicial officers.
14. Decisions of Supreme Court to be published.
15. Salaries of judicial officers, how fixed.
16. Judges ineligible to other offices.
17. Charging juries.
18. Style of process.
19. Incumbency not effected by amendment of 1862.

ARTICLE VII.

MILITIA.
SEC. 1. Organization aud dicipline.

2. Officers, how chosen.
3. Governor may call out.

ARTICLE VIII.

STATE DEBTS. SEC. 1. Legislature restricted as to amount to be contracted.

ARTICLE IX.

EDUCATION.
SEC. 1. Superintendent of public instruction.

2. To be promoted-proceeds of lands to be devoted to.
3. A system of common schools to be provided.
4. Fund for university.

ARTICLE X.

AMENDING AND REVISING CONSTITUTION.

Sec. 1. Amendments, how proposed and submitted.

2. How constitutional convention called.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

SEC. 1. Seat of govern nient.

2 Dueling--penalty.
3. Oath of office.
4. Uniform system of town and county government.
5. Boards of supervisors.
6. Election or appointment of officers not otherwise pro-

vided for.
7. Duration of office.
8. Fiscal year.
9. Sapport of county and inferior officers.
10. State's credit not to be given or loaned.
11. Suits against the state.
12. Marriage contracts.
13. Taxation to be equal and uniform.
14. Husband and wife, separate property of.
15. Homesteads of heads of families.
16. Perpetuities forbidden.
17. Bribery disqualifies for office.
18. Exclusion from right of suffrage and from juries.
19. Residence, as affec:ing suffrage.
20. Plurality of votes elects.
21. Laws, etc., to be in English.

SCHEDULE.

SEC. 1. Mexican law in force.

2. Removal of causes.
3. Change of government.
4. Qualifications to hold office.
5. Who can vote at first election.
6. Constitution, how submitted and ratified.
7. Transmission to Congress.
8. Election of officers.
9. Meeting of legislature.
10. Canvass of election to be submitted to legislature.
11. U.S. senator, election of.
12. Application for admission into the Union.
13. Installing officers elected.
14. Apportionment for representation.
15. Salaries of state officers, how fixed.
16. Article VIII does not apply to first legislature.

TABLE OF CASES CITED.

207,

183

300

Abeel v. Clark...

.22, 66, 68, 126, 212 Addison v. Saulnier..

. 258, 297, 328 Anderson v. Fisk

:01 Appeal of Houghton.

.102, 297, 300, 304 Appeal of N. B. and M. R. R. Co.

.323, 324 Appeal of Piper..

323 Arroyo D. & W. Co. v. Superior Court.

101 Ashley v. Olmstead.

330 Auguisola v. Arnaz.

.300, 301, 303 Baggett v. Dunn

281 Bailey v. Sloan.

105 Bailey v. Supervisors

155 Baines v. Babcock.

179 Baker v. Fireman's Fund Ins. Co..

.105, 185 Baldwin v. Ellis.

197 Ballerino v. Bigelow..

..105, 106, 115 Bank British N. A. V. Alaska Imp. Co. Bank British N. A. v. Madison..

183 Bank of Merced v. Rosenthal..

221 Banks v. Moreno..

240 Barnhart v. Fulkerth.

.224, 234 Barton v. Kalloch. ...55, 87, 91, 97, 114, 118, 125, 137, 188, 232, 234 Batemap v. Superior Court, Bates v. Gregory, et al.

42 Bates v. Porter

43 Bay View S. District v. Linscott.

126 Beale v. Amador County.

323 Beaudry v. Voldez.

.253, 324 Beckman v. Skaggs.

194 Belloc v. Davis.

264 Bensley v. Mountain Lake W. Co.

.247, 248 Biddle v. Oakes

. 167, 190 Bidwell v. Babcock

179 Bienefeld v. Fresno M. Co

99 Billings v. Hall..

.238, 241, 242, 255, 282 Billings v. Harvey

282 Bigelow v. City of Los Angeles..

37 Bishop v. City of Oakland.

.70, 94, 116, 145 Bishop v. Superior Court.

106 Bixler's appeal..

.69, 102 Board of Commissioners v. Board of Trustees.

169 Board of Directors v. Tregea.

164 Board of Trustees v. Supervisors.

134 Bodly v. Ferguson...

329 Bolger v. Foss.

39

Boorman v. Santa Barbara.

39 Bourland v. Hildreth..

.236, 273 Bourn v. Hart.

84 Bowman y. Norton.

330 Boys' and Girls' Aid Society v. Reis.

.23, 65, 93, 128, 169 Brady v. Bronson:

215 Brady v. King

.250, 269, 321 Branan v. Mecklenberg.

246 Brenham v. Storey..

245 Brennan v. Gaston.

247 Brennan v. Wallace..

330 Briggs v Lloyd..

16 Brodie v. Campbell.

299 Brook v. Horton..

169 Brooks v. Fischer.

.53, 151 Brooks v. Hyde..

.257, 258, 283, 330 Brooks v. Maloney.

292 Brown v. Clark..

.193, 215 Brown v. Rice

301 Brunimagiu v. Spencer.

305 Brummagin v. Tillinghast..

327 Bruner v. Superior Court.

18 Buck v. City of Eureka..

185 Bull v. Coe..

207 Burke v, Badlam..

.190, 191 Burgoyne v. San Francisco.

.267, 294 Busb v. Lindsey ..

303 Butler y. Ashworth..

35 Cal. F. & M. S. Co. v. Superior Court..

.110, 229 Cal. P. R. R. v. Cen. P. R. R...

246 Cal. So. R. R. Co. v. Colton L. & W. Co.

37 Cal. So. R. R. Co. v. Kimball.

.37, 40 Cal. So. R. R. Co. v. S. P. R. R. Co..

.39, 110, 185 Cal. State Tel. Co. v. Alta Tel. Co.

283 Campbell y. West

105 Camron v. Kentield

102 Carpentier v. Atherton.

274 Carraseo v. State..

45 Case of Maguire..

220 Cash man v. Root.

80 Cassidy v. Sullivan

16 Caulfield v. Hudson

301 Caulfield v. Stephens.

305 Chambers v, Satterlee

.245, 324, 325 Chapman v. Morris

274 Chapman v. Stoneman

130 Chase v. R.R. Co

.105, 185 Christy v. Board of Supervisors

23, 317 City and County of S. F. v. Anderson

191 City and County of S. F. v. Biedeman

263 City and County of S. F. v. Collins.. City and County of S. F. v. Flood

. 198 City and County of S. F. v. Kiernan

.36, 175 City and County of S. F. v. L. & L. & G. Ins. Co..

166 City and County of S. F. v. Lux

200 City and County of 8. F. v. Wangenheim & Co

191

35