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SECTION 2... Vo judge of a court of record shall practice law in any court of this state during his continuance in office.

SECTION 23. No one shall be eligible to the office of justice of the Supreme ('ourt, or to the office of judge of a Superior ('ourt, unless he shall have been admitted to practice before the Supreme Court of the State.

SECTION 21. No judge of a Superior Court nor of the Supreme Court shall, after the first day of July, one thousand eight hundred and eighty, be allowed to draw or receive any monthly salary unless he shall take and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains undecided that has been submitted for decision for the period of ninety days.

It is not intended by this section that a judge should forfeit his salary upon failure to decide all cases within ninety days, but it withholds the salary until cases submitted for

nety days have been decided. Meyers r. Kenfield, 62 Cal. 512.

ARTICLE VII.

PARDONING POWER. SECTION 1. The governor shall have the power to grant reprieves, pardons, and commutations of sentence, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, the governor shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, direct the exe

cution of the sentence, or grant a further reprieve. The governor shall communicate to the legislature, at the beginning of every session, every

case of reprieve or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the governor nor the legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of felony, unless upon the written recommendation of a majority of the judges of the Supreme Court.

Const. 1849, Art. V, Sec. 13. A person pardoned by the governor on condition that he forthwith leave the state and never return thereto, will not be discharged on habeas corpus when it appears that he has again been taken into custody after his release, and has remained in the state after reasonable time has elapsed for his departure from it. E. parte Marks, 64 Cal. 30.

Penal Code, section 1590, giving to prisoners certain deductions from their term of sentence for good conduct is constitutional, and is not an infringement of the right of the governor to pardon. No order from the governor is necessary to entitle a prisoner to his discharge under said section. Ex parte Wadleigh, 82 Cal. 518.

ARTICLE VIII.

MILITIA.

ernor'.

SECTION 1. The legislature shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not incompatible with the constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the gov

The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.

Const. 1849, Art. VIII, Secs. 1, 2, 3. SECTION 2. All military organizations provided for by this constitution, or any law of this state, and receiving state support, shall, while under arms either for ceremony or duty, carry no device, banner or flag of any state or nation, except that of the United States or the state of California.

ARTICLE IX.

EDUCATION.

SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Const. 1849, Art. IX, Sec. 2. Education of the youth is properly included within functions of a municipal government, and it is for the legislature to determine the extent to which it will confer upon such corporation any power to aid it in the discharge of the obligation which the constitution has

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imposed upon the legislature. In each of the free-holders' charters that have been approved by the legislature an educational department has been established. School houses are essential aids in promotion of education, and their creation falls as completely within municipal government as does erection of hospitals or buildings for fire engines, and when erected

as fully municipal buildings. [Distinguishing Kennedy v. Miller, 97 Cal. 429.] Wetmore v. City of Oakland, 99 Cal. 146.

The section is referred to in Chico High School Board v. Supervisors, 118 Cal. 120, in deciding that where a city of the fifth class is included with other territory in a school district, the school taxes are to be levied by the city authorities and not by the supervisors.

SECTION 2. A superintendent of public instruction shall, at each gubernatorial election after the adoption of this constitution, be elected by the qualified electors of the state. He shall receive a salary equal to that of the secretary of state, and shall enter upon the duties of his office on the first Monday after the first day of January next succeeding his election.

Const. 1849, Art IX, Sec. 1. An amendment to section 1552, Political Code, March, 1889, provides that each superintendent of public instruction shall receive his actual and necessary traveling expenses, to be paid out of the county general fund, not to exceed ten dollars per district per annum. IIeld, not to be an unlawful increase of the salary of the oflice. Kirkwood v. Soto, 87 Cal.

Section referred to in Barton v. Kalloch, 56 Cal. 101.

SECTION 3. A superintendent of schools for each county shall be elected by the qualified electors thereof at each gubernatorial election; provided, that the legislature may authorize two or more counties to unite and elect one superintendent for the counties so uniting.

Referred to in Barton v. Kalloch, 56 Cal. 102.

The term of office of assessor was made four years by section 4109 of the Political Code as adopted in 1872, and by section 3 of article IX constitution, the superintendent of schools is to be elected at each gubernatorial election [referring to officers in San Francisco), Kahn v. Sutro, 114 Cal. 318; People v. Babcock, 114 Cal. 559.

SECTION 4. The proceeds of all lands that have been or may be granted by the United States to this state for the support of common schools which may be, or may have been, sold or disposed of, and the five hundred thousand acres of land granted to the new states under an act of congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may be granted, or may have been granted, by congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the state.

Const. 1849, Art. IX, Sec. 2.

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