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shall be as follows: "The people of the state of California, represented in senate and assembly, do enact as follows."
Const. 1849, Art. IV, Sec. 1. This article is referred to in dissenting opinion of Justice Harrison in McClatchy v. Superior Court, 119 Cal. 428, a case of contempt for newspaper publication.
Statutory and constitutional provisions are subject to substantially the same rules of construction; the main object being in all cases to ascertain the intention of the law maker. There should be no such construction of language as would lead to absurd or impractical results, or compel a court to decree a thing substantially impossible, or which is in plain violation of fundamental principles of law or equity firmly established and universally recognized, unless such language absolutely requires such construction. Jacobs v. Board of Supervisors, 100 Cal. 121, cited in Pollock v. San Diego, 118 Cal. 598.
This section is referred to in People v. C. P. R. R. Co., 83 Cal. 402, cited under section 25 of this article. Also referred to in People v. Pendegast, 96 Id. 291, cited under sections 4, 6, of this article.
The act of March 31, 1891 [Stats. p. 223), authorizing formation of sanitary districts, and to issue bonds for purposes thereof, is within police power of legislature, and the court will not assume that such act must include cities and towns, and is therefore a violation of constitution, article XI, sections 6,
cannot be delegated, excepting to municipal
commissioners attempts to confer upon the board power to make rules and declare a vio
lation thereof a misdemeanor, it is unconsti
11-13. Woodward v. Fruitvale S. Dist., 99 Cal. 554, affirming In re Madera Irr. Dist., 92 Cal. 296.
A repealing clause of unconstitutional act to have any effect must be clear and unequivocal. Repeal by implication cannot result from provision in subsequent act when that provision is itself devoid of constitutional force. In such act it is not sufficient to say that all acts inconsistent therewith are thereby repealed. Orange Co. v. Harris, 97 Cal. 600.
Section 2569 Sub. 6], Political Code, attempts to empower the harbor commissioners to impose penalties, not exceeding five hundred dollars, for violations of its rules and regulations. In an action to recover such penalty, Feld, the board of harbor commissioners is a creature of the statute, and purely an executive body, and the fixing and imposing of penalties are matters of which the legislature alone has cognizance.
An act providing that if a person does or does not do a certain thing he shall pay a penalty of five hundred dollars is Legislation. Such power corporations. Harbor Commissioners v. Redwood Co., 88 Cal. 491, distinguishing Ex parte Cox, 63 Cal. 21.
In so far as the act of March 4, 1881 [Stats. p. 51), relating to the board of viticultural
tutional as a delegation of legislative power. Ex parte Cox, 63 Cal. 21.
The legislature had power to pass the insolvency act of 1876, but it could not go into operation while the United States bankrupt law remained in force. Lewis v. County Clerk, 55 Cal. 604; Seattle C. & T. Co. v. Thomas, 57 Cal. 197.
The legislature had power to direct, as in sections 3971, 3972, Political Code, that a county boundary shall be conclusive when approved by the surveyor general. The power conferred upon the surveyor general is ministerial. People v. Boggs, 56 Cal. 648.
The governor is not a part of the legislature, and a city charter may be approved by the legislature without approval by the governor. The legislature is one thing, and the law making power is another. Brooks v. Fischer, 79 Cal. 173. Compare Fowler v. Pierce, 2 Cal. 165, and People v. Toal, 85 Id. 333.
SECTION 2. The sessions of the legislature shall commence at 12 o'clock M. on the first Monday after the first day of January next succeeding the election of its members, and, after the election held in the year eighteen hundred and eighty shall be biennial, unless the governor shall, in the interim, convene the legislature by proclamation. No pay shall be allowed to members for a longer time than sixty days, except for the first session after the adoption of this constitution, for which they may be allowed pay for one hundred days. And no bill shall be introduced, in either house, after the expi. ration of ninety days from the commencement of
the first session, nor after fifty days after the commencement of each succeeding session, without the consent of two-thirds of the members thereof.
Const. 1849, Art. IV, Sec. 2. [An amendment to this section is proposed to be voted on at the general election November 8, 1898.]
The •question stated, but not decided, whether the journals of either branch of the legislature will be considered for the purpose of impeaching the validity of an act that is found duly enrolled and deposited with the secretary of state. There can be no presumption that the legislature has disregarded any constitutional requirements in the passage of a statute. If a bill has been introduced in either house within the first fifty days of the session, whatever is proper in the way of amendment is as admissible after the fifty days as before, and this will include whatever is germane to the bill. By the same rules a substitute that is germane to the subject of the bill may be adopted without violating the provision requiring bills to be introduced during the first fifty days of the session. Hale v. McGettigan, 114 Cal. 113.
SECTION 3. Members of the assembly shall be elected in the year eighteen hundred and seventynine at the time and in the manner now provided by law. The second election of members of the assembly, after the adoption of this constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter members of the assembly shall be chosen biennially, and their term of office shall be
two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the legislature.
Const. 1849, Art. IV, Sec. 3. [The time for election of governor and other state officers is made to correspond with time for election of members of the assembly and senate. Sections 2, 17, article V. And special laws relating to election of county and town. ship officers are prohibited by subdivision 9, of section 25, article IV.] The present constitution has changed the time of holding general elections from the first Wednesday in September to the first Tuesday after the first Monday in November. The intention of the legislature to make a corresponding change in the code in relation to the time of holding elections for county and township officers, is sufficiently manifest by the amendment of 1881, of section 4109 Political Code, and repealing sections 4024, 4027 and 4111 of the same code. Treadwell v. Yolo County, 62 Cal. 563.
The county government act of 1880 [Stats. p. 527], amending Political Code from 4000 to 4344, and adding new sections, and which included an amendment of section 4109, was declared unconstitutional in Leonard v. January, 56 Cal. 1. Various grounds of unconstitutionality were urged in the briefs of counsel, but the decision does not designate which or how many of such objections were well taken. As to the time for holding elections in counties, cities and counties, etc., the “Hartson