ter, framed by a board of freeholders under section 8, article XI, constitution, may be approved by a concurrent resolution of both houses of the legislature, because only the "assent" of the legislature is required, it being expressly held that the legislature is one thing and the law making power of the state is another; but those cases are not authority, for the proposition that the legislature can enact "laws" in any other mode than by bill. A concurrent resolution approving the appointment of John Mullan by the governor and surveyor general, as agent and attorney to represent this state in Washington in the matter of the claims of this state against the United States, is not a law, and a contract entered into with Mullan in pursuance of such resolution is made "without express authority of law," and the state is not estopped from denying its validity. Mullan v. State, 114 Cal. 578.

SECTION 33. The legislature shall pass laws for the regulation 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.

Primary elections is a subject upon which a general law having a uniform operation

may be passed, and such a law being made applicable to only two classes of counties is special and unconstitutional. [Primary Election Law of 1895, Stats. p. 207.] Marsh v. Supervisors Los Angeles County, 111 Cal. 370. See also Gett v. Supervisors Sacramento, 111 Cal. 367.

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 cultivation 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 invalid. 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 compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with 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 infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony.

Services rendered by an attorney at law in endeavoring to persuade members of the legislature to vote or to act favorably upon a bill introduced in the interest of a client, when no secret, unfair, or dishonest means are employed, is not lobbying in the sense prohibited by the constitution. Foltz v. Cogswell,

86 Cal. 542.

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 governor of the state of California.

Const. 1849, Art. V, Sec. 1.

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

SECTION 2. The governor shall be elected by the qualified electors at the time and places of voting for members of the assembly, and 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., and People ex rel Lynch v. Budd, 114 Cal. 168.

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, 56 Cal. 101.

SECTION 3. No person shall be eligible to the office of governor 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 shall, by joint vote of both houses, choose one of such persons so having an equal and the highest number of votes, 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 respective offices.

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

SECTION 7. He shall see that the laws are faithfully executed.

1

Const. 1849, 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.

The section is referred to in connection with People v. Hammond, 66 Cal. 655, in People v. Menzies, 110 Cal. 450.

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