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He 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 of which he was convicted, the sentence and its date, and the date of the pardon or reprieve.

SECTION 14. There shall be a seal of this state. which shall be kept by the governor, and used by him officially and shall be called "The Great Seal of the State of California."

SECTION 15. All grants and commissions shall be in the name and by the authority of the people of the state of California, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.

SECTION 16. A lieutenant governor shall be elected at the same time and places, and in the same manner as the governor; and his term of office and his qualifications of eligibility shall also be the same. He shall be president of the senate but shall only have a casting vote therein. If, during a vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president of the senate shall act as governor until the vacancy be filled or the disability shall cease.

SECTION 17. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of said office, resignation or absence from the state, the powers and duties of the office shall devolve upon the lieutenant governor for the residue of the term, or until the disability cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of any military force thereof, he shall continue commander in chief of all the military forces of the state.

SECTION 18. A secretary of state, a controller, a treasurer, an attorney general and a surveyor general shall be elected at the same time and places

and in the same manner as the governor and lieutenant governor, and whose term of office shall be the same as the governor. [Amendment ratified September 3, 1862.]

[ORIGINAL SECTION.]

SECTION 18. A secretary of state, a controller, a treasurer, an attorney general and surveyor general shall be chosen in the manner provided in this constitution; and the term of office and eligibility of each shall be the same as are prescribed for the governor and lieutenant governor.

SECTION 19. The secretary of state shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said article V, by the legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended thereby, until the election and qualification of the several officers provided for in said amendments. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 19. The secretary of state shall be appointed by the governor, by and with the advice and consent of the senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned him by law.

SECTION 20. The controller, treasurer, attorney general and serveyor general shall be chosen by joint vote of the two houses of the legislature at their first session under this constitution, and

thereafter shall be elected at the same time and places, and in the same manner, as the governor and lieutenant governor.

The obvious policy of the constitution is, that all the elective officers connected with the executive department of the state should be chosen at the same time. An appointment by the governor, of a controller, prior to the general biennial election at which a governor and other state officers are to be elected, could not deprive the people of the right to elect a controller at such election, whatever other effect the appointment might have. Brooks v. Malony, 15 Cal. 59.

SECTION 21. The governor, lieutenant governor, secretary of state, controller, treasurer, attorney general and surveyor general shall each, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the performance of his official duties.

The Political Code [section 408] prescribed the duties of the secretary of state, but it also created a board of examiners, and made the governor, attorney general and secretary of state members of the board and fixed a salary to the attorney and secretary for their duties as such members. [Section 684 Political Code, repealed 1880.] Held, the legislature may devolve on said officers the performance of services foreign to their office and allow a salary therefor in addition to the salary as such officers. Melone v. State, 51 Cal. 549

[affirming Love v. Baehr, 47 Cal. 364.] As to controller, Green v. State, Id. 577. The act creating the board of examiners was constitutional. Ross v. Whitman, 6 Cal. 361; act of April 16, 1856 [Stats. p. 100.]

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of this state shall be vested in a Supreme Court, in district courts, in county courts, in probate courts and in justices of the peace, and in such recorders' and other inferior courts as the legislature may establish in any incorporated city or town. [Amendment ratified September 3, 1862.]

[ORIGINAL SECTION.]

SECTION 1. The judicial power of this state shall be vested in a Supreme Court, in district courts, in county courts and in justices of the peace. The legislature may also establish such municipal and other inferior courts as may be deemed necessary.

[Decisions relating to the jurisdiction of the several courts rendered since the adoption of the codes [1873] will be found herein under appropriate sections. The annotated Code of Civil Procedure, published by the code commissioners, sections 33 to 133, and also Parker's Practice Act, contain abundant citations prior to 1873, and, with a few exceptions, it is unnecessary to insert such in this book]

The municipal criminal court in San Francisco, established in 1870 [Stats. p. 528], is a "constitutional" court. The fact that said court does not provide for an appeal to the

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county court does not render the act unconstitutional. If the reference to such appeal in section 8, article VI, is self-executing, then the right to appeal exists independent of the statute; if it is not self-executing, then it merely confers upon the county court the right to entertain such appeals when the legislature shall provide the means of exercising it. Peopler. Nyland, 41 Cal. 129.

The power of the judiciary to declare a legislative act unconstitutional should never be exercised except where the conflict between it and the constitution is palpable and incapable of reconciliation. S. & V. R. R. Co. v. City of Stockton, 41 Cal. 149.

Section 2, article IV, United States constitution, is a solemn compact between the states, to be enforced by state legislation or by judicial action, and state courts of general original jurisdiction, exercising the usual powers of common law courts, are fully competent to hear and determine all matters and to issue all necessary writs for the arrest and transfer of fugitive criminals to the authorized agents of the state from which they fled, without any special legislation. Matter of Romaine, 23 Cal. 585.

The legislature may constitute the mayor of a city ex officio justice of the peace. Uridias r. Morrill, 22 Cal. 474.

The purpose and effect of article VI of amendments to constitution is to continue the former courts until the courts provided for by the amendments can be organized and officers

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