of police commissioners shall be elected or appointed; and for the constitution, regulation, compensation, and government of such boards, and of the municipal police force.

4. For the manner in which, the times at which, and the terms for which the members of all boards of election shall be elected or appointed, and for the constitution, regulation, compensation, and government of such boards, and of their clerks and attaches; and for all expenses incident to the holding of any election.

Where a city and county government has been merged and consolidated into one municipal government, it shall also be competent in any charter framed under said section eight of said article eleven, to provide for the manner in which, the times at which, and the terms for which the several county officers shall be elected or appointed; for their compensation, and for the number of deputies that each shall have, and for the compensation payable to each of such deputies. [Ratified at election held Nov. 3, 1896.]

The constitution may provide any convenient mode for enacting laws. Charters adopted by authority of the constitution are laws. It is not made a law by the people of the municipality, but is only proposed by them. This mode for establishing courts by freeholders' charters must be held an exception to the general rule, but such courts could not be so established by a charter adopted prior to this amendment. Ex parte Sparks, 120 Cal. 399.

SECTION 9. The compensation of any county, city, town, or municipal officer shall not be increased after his election or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed.

A district attorney elected prior to the county government act of 1891 [Stats. p. 295], is not entitled to have the salary of a deputy paid by the county. Welsh v. Bramlett, 98 Cal. 219.

Official salary may be reduced by city council where the charter provides that council shall at stated periods readjust and fix anew all official salaries. Election is not contractual. Coyne v. Rennie, 97 Cal. 590.

A county clerk elected after the amendment to county government act [Stats. 1887, p. 207], authorizing supervisors to allow deputies, and for such officers to be paid from the county fund, is not entitled to have such a deputy so paid. This provision is contrary to constitution, article XI, section 9, and is not uniform in operation [article I, section 11], and is an attempt to vest legislative function in supervisors. [Article XI, section 5.] Dougherty v. Austin, 94 Cal. 601, 626; McFarland and Paterson, JJ., dissenting.

The words "compensation" and "salary" are used synonymously in the constitution and county government act. It is the compensation or salary for services rendered, and not expenses of the office, which the constitution provides shall not be raised. The allowance to superintendent of public instruction, of his actual and necessary traveling expenses, not exceeding ten dollars per district per annum, provided for by section 1552, Political Code, as amended in March, 1889, is not an increase of the salary of the office of superintendent pre

viously elected and then in office. Similar provisions are cited with reference to expenses of justices of Supreme Court and judges of Superior Court in holding courts at different places. Kirkwood v. Soto, 87 Cal. 393.

The amendment to section 274, Code of Civil Procedure, of March 21, 1885 [Stats. p. 218], is unconstitutional in delegating to the judge of Superior Court power to fix the salary to be paid shorthand reporters, and had not the force to repeal the former provision requiring fees of reporters to be fixed by the judge, not exceeding a certain sum per day, and certain rate for transcribing. [Smith v. Strother, approved.] McAllister v. Hamlin, 83 Cal. 362.

Under county government act, March 14, 1883 [Stats. p. 299], and the constitution, the salary of on appointee to fill vacancy in office of superintendent of schools must remain the same as that of the incumbent before the vacancy occurred, and the provision of said act increasing the salary could not take effect until the expiration of the full term. Larew v. Newman, 81 Cal. 588.

The act of 1880 [Stats. p. 78], amending section 110, Code of Civil Procedure, relating to term of office of justices of the peace is constitutional, and it was necessary to elect said officers at the election of that year. Bailey v. Supervisors, 66 Cal. 10.

The city of Stockton adopted a new charter under and in pursuance with section 8, article XI as amended, which charter was approved March 2, 1889 [Stats. p. 578], and by the terms

of this charter the police court under the old charter and the court of the city justice of the peace were practically consolidated. It did not abolish the court of the justice of the peace, but added to it the duties theretofore performed by the police court. Held, the person holding the office of justice of the peace and performing these duties was not entitled to a salary for each, but was entitled to the salary provided for the office of justice of the peace. The salary could not be increased even by the legislature during his term of office nor by local or special law at any time. Milner v. Reibenstein, 85 Cal. 593.

This section is not violated by an ordinance of the supervisors passed in pursuance of subdivision 14 of section 183 of the county government act of 1891 [Stats. p. 377], which fixes a salary of constable at less than the compensation formerly received by that officer, although the act by which the legislature attempted to vest the supervisors with power to regulate such compensation is void by reason of section 5 of article XI, constitution. People v. Johnson, 95. Cal. 471.

As to extension of term of office, this section is referred to in concurring opinion of Thornton, J., in Rosborough v. Boardman, 67 Cal. 119, and of McKee, J., in Treadwell v. Yolo Co., 62 Cal. 566, and in dissenting opinion of McKinstry, J., in Donahue v. Graham, 61 Cal. 277. Also see Darcy v. Mayor of San Jose, 104 Cal. 644, noted under subdivision

29, section 25, article IV, ante., and Hall v. McGettigan, 114 Cal. 123.

The provisions of section 173 of the county government act of 1893 [Stats. pp. 415, 416], empowering certain county officers in counties of the eleventh class to appoint a specified number of deputies whose salaries were fixed by the act and made payable out of the county treasury, are not unconstitutional. Tulare County v. May, 118 Cal. 305.

It cannot be determined in advance whether the compensation provided for supervisors by the county government act of 1893 is greater than that provided by the act in force at the time of their election. If it is greater by the latter act, then the act is unconstitutional. County of Tulare v. Jefferds, 118 Cal. 362.

To allow extra compensation to a city attorney who receives a stated salary, for services in a suit against the city, however valuable his services, or however important the suit, would be to allow an increase of salary, and would violate this section of the constitution. Buck v. City of Eureka, 109 Cal. 508.

SECTION 10. No county, city, town, or other public or municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from its or their proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatsoever.

Cities and towns are not the only municipal corporations that may be created by the legislature, and the provisions contained in subdi