Slike strani

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. November 19, 1884. In January, 1885, the legislature being in session, the senate confirmed this appointment, but the governor 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 Tyrrell 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 [section 1000, Political Code], and such appointment did not require confirmation by senate. Under this appointment Tyrrell 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 Tyrrell, and the action of the senate thereon, constituted an appointment of Tyrrell as his own successor, not decided. The appointment of Laine in 1889 was invalid because Tyrrell 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 gov- · ernor. [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."

There may be an hiatus in office. See People v. Mott, 3 Cal. 502; People v. Tilton, 37 Cal. 620; People v. Ward, 107 Cal. 239.

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 v. Mizner, 7 Cal.


"Next election by the people" does not mean the next election held, nor the next general election, but as applied to an appointee the term means that he should hold until

some one is regularly elected to that office, and as applied to the lieutenant-governor it means the next gubernatorial election. People ex rel Lynch v. Budd, 114 Cal. 168.

SECTION 9. He may, on extraordinary occasions, convene the legislature by proclamation, stating the purposes for which he has convened it, and when so convened it shall have no power to legislate on any subjects other than those specified in the proclamation, but may provide for the expenses of the session and other matters incidental thereto.

Const. 1849, Art. V, Sec. 9.

The senate in extra session may confirm an appointment made by the governor; such confirmation is not legislation. People v. Blanding, 63 Cal. 333.

SECTION 10. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters as he shall deem expedient.

Const. 1849, Art. V, Sec. 10.

SECTION 11. In case of a disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the legislature to such time as he may think proper; provided it be not beyond the time fixed for the meeting of the next legislature.

Const. 1849, Art. V, Sec. 11.

SECTION 12. No person shall, while holding any office under the United States or this state, exercise the office of governor except as hereinafter expressly provided.

Const. 1849, Art. V, Sec. 12.

SECTION 13. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called "The Great Seal of the State of California."

Const. 1849, Art. V, Sec. 14.

SECTION 14. All grants and commissions shall be in the name and by the authority of the people of the state of California, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.

Const. 1849, Art. V, Sec. 15.

SECTION 15. A lieutenant-governor shall be elected at the same time and places, and in the same manner, as the governor; and his term of office and his qualifications of eligibility shall also be the same. He shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the presi dent pro tempore of the senate shall act as governor until the vacancy be filled or the disability shall cease. The lieutenant-governor shall be disqualified from holding any other office, except as specially provided in this constitution, during the term for which he shall have been elected.

Const. 1849, Art. V, Sec. 16.

[An amendment to this section was voted on at the general election November 8, 1898.]

See cases cited under section 2 of this article. This section is referred to in People ex rel Lynch . Budd, 114 Cal. 168.

SECTION 16. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the said

office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military force of the


Const. 1849, Art. V, Sec. 17.

[An amendment to this section was voted on at the general election November 8, 1898.]

See cases cited under sections one and two of this article.

SECTION 17. A secretary of state, a controller, a treasurer, an attorney-general and a surveyorgeneral shall be elected at the same time and places, and in the same manner as the governor and lieutenant-governor, and their terms of office shall be the same as that of the governor.

Const. 1849, Art. V, Sec. 18.

Referred to in Barton v. Kalloch, 56 Cal. 101.

SECTION 18. The secretary of state shall keep a correct record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as may be assigned him by law.

Const. 1849, Art. V, Sec. 19.

SECTION 19. The governor, lieutenant-gover. nor, secretary of state, controller, treasurer, attorney-general and surveyor-general shall, at stated times during their continuance in office, receive for their services a compensation which shall not be

« PrejšnjaNaprej »