warrant drawn against the grammar and primary school fund in favor of such kindergarten teacher must be paid out of that fund. The city of San Jose, as well as all other cities, is subject to this legislation, and the legislation is not unconstitutional. Sinnot v. Col

ombet, 107 Cal. 192.

A graduate from a state normal school of this state, under section 1503, Political Code, [1893] is entitled to a grammar grade school certificate from any city, city and county, or county board of education in the state, and any rule of any such board requiring one year's experience in teaching, before such certificate shall issue, is contrary to the general law of the state and void. Mitchell v. Winnek, 117 Cal. 522.

SECTION 8. No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this state.

Where a minor has been convicted of misdemeanor in the police judges' court, San Francisco, and the court has suspended judgment and ordered the minor to be confined under the care of the Boys' and Girls' Aid Society -a non-sectarian charitable institution for the reformation of criminal minors—and has ordered a proper amount to be paid from the treasury of the city and county for the maintainance of such minor while in such custody,

mandamus will lie to compel such payment. The act of March 15, 1883, [Sec. 1388, Penal Code] under which such proceedings are had, is constitutional, and it is not necessary that the order of the judge directing the payment should be approved by the supervisors. Boys' and Girls' Aid Society v. Reis, 71 Cal. 627. Section referred to in Kennedy v. Miller, 97 Cal. 431.

SECTION 9.

It

The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic act creating the same, passed March twenty-third, eighteen hundred and sixty-eight (and the several acts amendatory thereof), subject only to such legislative control as may be necessary to insure compliance with the terms of its endowments, and the proper investment and security of its funds. shall be entirely independent of all political or sectarian influence, and kept free therefrom in the appointment of its regents and in the administration of its affairs; provided, that all the moneys derived from the sale of the public lands donated to this state by act of congress, approved July second, eighteen hundred and sixty-two (and the several acts amendatory thereof), shall be invested as provided by said acts of congress, and the interest of said moneys shall be inviolably appropriated to the endowment, support and maintenance of at least one college of agriculture, where the leading objects shall be (without excluding other scientific and classical studies, and including military tactics) to teach such branches of learning as are related to scientific and practical agriculture and the mechanic arts, in accordance with the requirements and conditions of said acts of congress; and the legislature shall provide that if, through neglect, misappropri ation, or any other contingency any portion of

the funds so set apart shall be diminished or lost the state shall replace such portion so lost or misappropiated so that the principal thereof shall remain forever undiminished. No person shall be debarred admission to any of the collegiate departments of the university on account of sex.

The organic act of the university [Stats. 1867, p. 248] made provision that professional and other colleges might be added to and connected with the university. The act of March 26, 1878 [Stats. p. 533] creating Hastings College of Law, made provision for its affiliation with the university, and it was decided in Foltz v. Hoge, 54 Cal. 28, that such affiliation had been effected, and that the college had become an integral part of the university. By the constitution it is declared that the university shall be continued in the character and form prescribed in the acts then in force, subject to legislative control for specified purposes only. It was not competent for the legislature by act of March 3, 1883, [Stats. p. 54] or the act of March 18, 1885, [Stats. p. 202] or by any other act to change the form of government of the university, or of any college thereof then existing by assuming to transfer the control of the college to the regents of the university, or to make another transfer by creating a board of trustees for the college. Such changes are prohibited by the constitution as to the university, and the college is part of the university. People r. Kewen, 69 Cal. 215.

All money in the state treasury subject to the use of the university may be drawn upon. the order of the board of regents, endorsed by

the governor, without an appropriation or the warrant of the comptroller. University v. January, 66 Cal. 507.

The section is self-executing, and requires no legislation. People v. Board of Education, 55 Cal. 334.

Under the provisions of the act organizing the University of California, and of this section of the constitution, the regents are not public officers. Section 343 of Political Code. designating the regents as civil executive officers is repealed by this section of the constitution. Lundy v. Delmas, 104 Cal. 659.

ARTICLE X.

STATE INSTITUTIONS AND PUBLIC BUILDINGS.

SECTION 1. There shall be a state board of prison directors, to consist of five persons, to be appointed by the governor, with the advice and consent of the senate, who shall hold office for ten years, except that the first appointed shall, in such manner as the legislature may direct, be so classified that the term of one person so appointed shall expire at the end of each two years during the first ten years, and vacancies occurring shall be filled in like manner. The appointee to a vacancy, occurring before the expiration of a term, shall hold office only for the unexpired term of his predecessor. The governor shall have the power to remove either of the directors for misconduct, incompetency, or neglect of duty, after an opportunity to be heard upon written charges.

The attorney general having filed with the governor specific charges of misconduct and neglect of duty on the part of the state board of prison directors, Held, the governor had

power to investigate the charges, he having commenced such investigation by a course of procedure similar to that provided for trials before the courts. Chapman v. Stoneman, 63 Cal. 490.

Under the general powers of the legislature essential to the promotion, regulation and preservation of the morals, health, prosperity and general well-being of the people of the state, it was competent to enact section 172 of Penal Code, making it a criminal offense to sell or give away spirituous, etc., liquors, within one mile of any state prison or asylum. Such power existed under the former constitution; and, (per Thornton, J.) the like power exists under the present constitution. Er parte McClain, 61 Cal. 436.

SECTION 2. The board of directors shall have the charge and superintendence of the state prisons, and shall possess such powers, and perform such duties, in respect to other penal and reformatory institutions of the state, as the legislature may prescribe.

In strictness all public highways belong to the state. The easement is held by the state as the representative of the people. The legislature has conferred power of vacating or closing highways only upon boards of supervisors; and the state prison directors have no authority to close or obstruct with gates a public road which crosses state prison grounds. People v. County of Marin, 103 Cal. 225.