No session shall continue longer than one hun. dred and twenty days. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 2. The sessions of the legislature shall be annual, and shall commence on the first Monday of January, next ensuing the election of its members, unless the governor of the state shall, in the interim, convene the legislature by proclamation.

SECTION 3. The members of the assembly shall be chosen bienially, by the qualified electors of their respective districts, on the first Wednesday in September, unless otherwise ordered by the legislature, and their term of office shall be two years. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 3. The members of the assembly shall be chosen annually, by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the legislature, and their term of office shall be one year.

SECTION 4. Senators and members of assembly shall be duly qualified electors in the respective counties and districts which they represent.

SECTION 5. Senators shall be chosen for the term of four years, at the same time and places as members of the assembly; and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the state and of the county or district for which he shall be chosen one year next before his election. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 5. Senators shall be chosen for the term of two years, at the same time and places as members of assembly; and no person shall be a member of the senate or assembly who has not

been a citizen and inhabitant of the state one year, and of the county or district for which he shall be chosen six months next before his election.

SECTION 6. The number of senators shall not be less than one-third nor more than one-half of that of the members of the assembly; and at the first session of the legislature after this section takes effect, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, so that one-half shall be chosen biennially. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 6. The number of senators shall not be less than one-third nor more than one-half of that of the members of assembly; and at the first session of the legislature after this constitution takes effect, the senators shall be divided by lot as equally as may be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually.

SECTION 7. When the number of senators is increased, they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible.

SECTION 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.

SECTION 9. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

SECTION 10.

Each house shall determine the rules of its own proceedings, and may, with the concurrence of two-thirds of all the members elected, expel a member.

SECTION 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journal.

SECTION 12. Members of the legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

SECTION 13. When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall issue writs of election to fill such vacancies.

SECTION 14.

The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.

SECTION 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

SECTION 16. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended in the other.

SECTION 17. Every bill which may have passed the legislature shall, before it becomes a law, be presented to the governor. If he approve it, he shall sign it; but if not he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If, after such reconsidera

tion, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law notwithstanding the governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sundays excepted) the same shall become a law, in like manner as if he had signed it, unless the legislature, by adjournment, prevent such return.

An adjournment of either house from day to day is not such adjournment as would prevent the governor from returning a bill with his objections thereto, within the ten days allowed. If the house to which it is directed be not in session at the time, and it being the last of the ten days within which the bill should be returned, it should be placed beyond the executive control by leaving it with presiding officer, secretary or other suitable officer of the house to which it is directed. Harpending v. Haight, 39 Cal. 189.

In computing the ten days within which a bill should be returned, the day on which it is delivered to the governor is excluded. Iron Mountain Co. v. Haight, 39 Cal. 540. The decision in People v. Whitman, 6 Cal. 659, was predicated on the fact that "Sunday" in the singular was printed in the statute instead of "Sundays." In computing the ten days. allowed for return of a bill, the day on which it reaches the governor is to be excluded. Price v. Whitman, 8 Cal. 412. See also Ex parte Newman, 9 Cal. 522. The case distinguished in Taylor v. Palmer, 31 Cal. 245.

Under this provision, the bill must be

signed by the governor, if at all, before adjournment of the legislature. In the matter of approving bills the governor acts as a component part of the legislative power. Parol evidence is not admissible to ascertain the motives or inducements prompting the enactment. Fowler . Pierce, 2 Cal. 165; Harpending v. Haight, 39 Cal. 202. As to parol evidence generally in testing validity of a statute. Id. Also Sherman . Storey, 30 Cal. 253; Hahn v. Kelley, 34 Id. 424; O. & V. R. R. v. Plumas Co., 37 Id. 354; People v. Burt, 43 Id. 563.

SECTION 18. The assembly shall have the sole power of impeachment and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.

The section is referred to in Morton v. Broderick, 118 Cal. 483.

SECTION 19. The governor, lieutenant governor, secretary of state, controller, treasurer, attorney general, surveyor general, justices of the Supreme Court, and judges of the District Court, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the state; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanors in office in such a manner as the legislature may provide.

The impeachment of other officers than