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increased or diminished during the term for which they shall have been elected, which compensatiou is hereby fixed for the following officers for the two terms next ensuing the adoption of this constitution, as follows: Governor, six thousand dollars per annum; lieutenant-governor, the same per diem as may be provided by law for the speaker of the assembly, to be allowed only during the session of the legislature; the secretary of state, controller, treasurer, attorney-general and surveyor-general, three thousand dollars each per annum, such compensation to be in full for all services by them respectively rendered in any official capacity or employment whatsoever during their respective terms of office; provided, however, that the legislature, after the expiration of the terms herein before mentioned, may, by law, diminish the compensation of any or all of such officers, but in no case shall have the power to increase the same above the sums hereby fixed by this constitution. No salary shall be authorized by law for clerical service, in any office provided for in this article, exceeding sixteen hundred dollars per annum for each clerk employed. The legislature may, in its discretion, abolish the office of surveyor-general; and none of the officers herein before named shall receive for their own use any fees, or perquisites for the performance of any official duty.
Const. 1849, Art. V, Sec. 21. Referred to in Kirkwood r. Soto, 87 Cal. 396.
SECTION 20. The governor shall not, during his term of office, be elected a senator to the senate of the United States.
JUDICIAL DEPARTMENT. SECTION 1. The judicial power of the state shall be vested in the senate sitting as a court of impeachment, in a Supreme Court, Superior Courts, justices of the peace, and such inferior courts as the legislature may establish in any incorporated city or town, or city and county.
Const. 1849, Art. VI, Sec. 1. Police courts cannot be lawfully established by a city charter which is only approved by a majority of the members elected to both houses under section 8, article XI. Such courts can onły be established by bill, as provided in sections 15, 16, article IV. People r. Toal, 85 Cal. 333. Beatty, C.J., dissenting.
The act of March 5, 1889 [Stats. p. 62], creating the police court in the city and county of Sai Francisco, is not unconstitutional as assuming to make the former judges the judges of a new court, but added to existing courts another judge. Ex parte Lloyd, 78 Cal. 421. [See also note Sec. 25, Art. IV, Par. 28.]
It is not unconstitutional to apply the word "court” to a tribunal presided over by a police judge. It is an inferior court, which the legislature may establish in any incorporated city or town, or city and county. So held with reference to commitment of criminal minors to non-sectarian charitable institutions in pursuance of section 1388, Penal Code. Boys' and Girls' Aid Society v. Reis, 71 Cal. 627.
A police judge is a judicial officer, but he is
also a municipal officer. Ex parte Henry, 62 Cal. 557.
Justices of the peace constitute a most important part of the judicial department. They are among the officers to be elected in 1879, and on even numbered years thereafter. [Sec. 10, Art. XXII; Sec. 20, Art. XX.] Their numbers, powers, and duties and liabilities are to be fixed by the legislature. [Secs. 1, 11, Art. VI.] The amendments to Political Code, section 1041 [ Amendments 1880, p. 77), and sections 83, 103, 110, Code of Civil Procedure (Amendments 1880, p. 21], relating to election, etc., of said officers are valid and constitutional. Coggins v. City of Sacramento, 59 Cal. 599; People v. Ransom, 58 Id. 559; Bishop v. Council of Oakland, Id. 572; Jenks v. Same, Id. 576; McGrew 4. Mayor, etc., 55 Id. 611.
The act of March 12, 1885 [Stats. p. 101, and Stats. 1889, p. 13], creating a commission, and the acts amendatory thereof and supplementary thereto, are not unconstitutional, as they do not confer upon the commission the power to decide or render judgment. People . Hayne, 83 Cal. 111.
Referred to in relation to the three departments of government in Staude v. Election Commissioners, 61 Cal. 323, and for the purpose of distinguishing the case of People 1. Toal, in Security Say. Bank , Hinton, 97 Cal. 216, and in dissenting opinion of Fox, J., in People v. Ah You, 82 Id. 343, to the effect that the legislature, as by this section author
ized, has provided by general law for justices' courts in cities, and that the “Whitney act” is unconstitutional as special legislation, disagreeing with decision in People r. Henshaw, 73 Id. 507; and in Green ". Superior Court, 78 Id. 557, as to jurisdiction of misdemeanors.
The office of justice of the peace is a creation of the constitution, and cannot be created by a city charter; such offices are filled at a general state election, even in cities, and not at a city election. The justices of the peace are township and not city officers, and vacancies in the office are to be filled by appointment by boards of supervisors. People 1. Sands, 102 Cal. 14.
It is held that in an action on an alleged contract to find and locate persons on vacant government land, the title to land is involved, and that a justices' court has no jurisdiction to try the case. [Copertini 1. Oppermann, 76 Cal. 181; Holman 1. Taylor, 31 Cal. 341.) Hart r. Carnall-Hopkins Co., 103 Cal. 142.
Part of the judicial power of the state is vested in justices of the peace, and by sections 3 and 11 of article XXII, those courts were continued in existence, subject to subsequent legislation. Kahn r. Sutro, 114 Cal. 318
There is nothing in the constitution requiring that the terms of office of justices of the peace should be the same in cities as in townships. Kahn v. Sutro, 114 Cal. 318.
SECTION 2. The Supreme Court shall consist of a chief justice and six associate justices. The court may sit in departments and in bank, and shall
always be open for the transaction of business. There shall be two departments, denominated, respectively, department one and department two. The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time. The associate justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves or as ordered by the chief justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions hereinafter contained in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank. The order may be made before or after judgment pronounced by a department; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made within thirty days after such judgment, and concurred in by two associate justices, and if so made it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a case to be heard in bank. If the order be not made within the time above limited the judgment shall be final. No judgment by a department shall become final until the expiration of the period of thirty days aforesaid, unless approved by the chief justice, in writing, with the concurrence of two associate justices. The chief justice may convene the court in bank at any time, and shall be the presiding justice of the court when so convened. The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in