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Act," of 1881 [Stats. p. 74], amending section 4109 and repealing certain other sections of the Political Code, causing said elections to occur at the same time as the general state election, was held constitutional in Staude v. Election commisioners, 61 Cal. 313. Citing other cases bearing upon elections following the adoption of this constitution, including Barton v. Kalloch, 56 Cal. 95. In nearly all the decisions upon this subject and embracing sections 3, 4, 5, 6 of this article and others bearing upon these, there are dissenting opinions.

SECTION 4.

Senators shall be chosen for the term of four years, at the same time and places as members of the assembly, and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the state three years, and of the district for which he shall be chosen one year, next before his election.

Const. 1849, Art. IV, Sec. 4.

A person elected senator from two counties comprising the fortieth senatorial district continues to hold his office for the full term notwithstanding that during the term, by a reapportionment and re-districting of the state the fortieth district is created of one of those counties alone and the person elected was and continues to be a resident of the other county. People ex rel Jennings v. Markham, 96 Cal. 262; People v. same, Id. 289; People v. Pendegast, Id. 289; McPherson v. Bartlett, 65 Id.

SECTION 5. The senate shall consist of forty members, and, the assembly of eighty members, to be elected by districts numbered as hereinafter provided. The seats of the twenty senators elected in the year eighteen hundred and eighty-two from the odd numbered districts shall be vacated at the expiration of the second year, so that one-half of the senators shall be elected every two years; provided, that all the senators elected at the first election under this constitution shall hold office for the term of three years.

Const. 1849, Art. IV, Sec. 5.

See People v. Pendegast, 96 Cal. 291, and cases collected under sections 1, 2, 4 and 6 of this article.

SECTION 6. For the purpose of choosing members of the legislature, the state shall be divided into forty senatorial and eighty assembly districts, as nearly equal in population as may be, and composed of contiguous territory, to be called senatorial and assembly districts. Each senatorial district shall choose one senator, and each assembly district shall choose one member of assembly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the assembly districts shall be numbered from one to eighty, in the same order, commencing at the northern boundary of the state, and ending at the southern boundary thereof. In the formation of such districts, no county, or city and county, shall be divided, unless it contain sufficient population within itself to form two or more districts; nor shall a part of any county, or of any city and county, be united with any other county or city and county, in forming any district. The census taken under the direction of the congress of the United States, in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative districts; and the legislature shall, at its first session after each census,

adjust such districts and re-apportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the United States, under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made, senators and assemblymen shall be elected by the districts according to the apportionment now provided for by law.

Where a county is transferred, under a reapportionment, from an odd to an even numbered senatorial district and so loses an opportunity of participating in an election, the senator elected in said even numbered district before the change, will hold office for the full term for which he was elected. People ex rel Snowball v. Pendegast, 96 Cal. 289.

It was the duty of the legislature of 1881, to have districted the state into forty senatorial districts; this not having been done it results, from the last clause of section 6, article IV, that the statute of 1874, by which the state was divided into twenty-nine senatorial districts, and according to which there were twenty senators from the districts designated by odd numbers, and twenty from the districts designated by even numbers, remains in force until the legislature shall establish the forty districts required by the constitution. The legislature of 1883, districted the state as required, but the act does not take effect until 1886. Twenty senators must therefore be elected in 1884 from the old odd numbered districts, to

hold office for two years only. McPherson v. Bartlett, 65 Cal. 577.

SECTION 7.

Each house shall chose its officers, and judge of the qualifications, elections, and returns of its members.

Const. 1849, Art. IV, Sec. 8.

Commented on in People v. Bingham, 82 Cal. 238.

SECTION 8. 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 members in such manner, and under such penalties, as each house may provide.

Const. 1849, Art. IV, Sec. 9.

SECTION 9. Each house shall determine the rule of its proceeding, and may, with the concurrence of two-thirds of all the members, elected, expel a member.

Const. 1849, Art. IV, Sec. 10.

SECTION 10. Each house shall keep a journal of its 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.

Const. 1849, Art. IV, Sec. 11.

Commented on in Oakland Pav. Co. v. Hilton, 69 Cal. 479, cited under section 1, article XVIII.

When the journals do not affirmatively show that a particular thing was done, it will not be presumed that such thing was not done, and it is not essential to the validity of a statute that the journals should affirma

tively show that every act required by the constitution to be done in the enactment of a law was in fact done. People v. Dunn, 80 Cal. 211, and cases there cited.

SECTION 11. 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 session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

Const. 1849, Art. IV, Sec. 12.

SECTION 12. When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall issue writs of election to fill such vacancies.

Const. 1849, Art. IV, Sec. 13.

SECTION 13. The doors of each house shall be open, except on such occasions, as in the opinion of the house, may require secrecy.

Const. 1849, Art. IV, Sec. 14.

SECTION 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which they may be sitting. Nor shall the members of either house draw pay for any recess or adjournment for a longer time than three days.

Const. 1849, Art. IV, Sec. 15.

SECTION 15. No law shall be passed except by bill. Nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members; nor shall any bill become a law unless the same be read on three several days in each house, unless, in case of urgency, two-thirds of the house where such bill may be pending shall, by a vote of yeas and nays, dispense with this provision. Any bill

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