preme Court. There are many of the provisions of the old constitution embodied in the new, which are noted in this volume by appropriate reference under the respective sections of the latter; and in view of the familiar rulo expressed in Knowles v. Yates, 31 Çal. 83, approved in S. & C..R. R. Co. v. Galgiani, 49 Cal. 139, and Hyatt v. Allen, 54 Cal. 353, Ex parte Ahren, 103 Cal. 414 to the effect that prior and recent judicial interpretation of provis: ions inserted in a constitution will be presumed to have been considered by the people in adopting such provisions, the importance of inserting in this volume the old constitution with its annotations is very manifest. Again, the codes were not abolished by the new constitution, and it is said in Wickersham v. Brittan, 93 Cal. 33, 40, that the effect of section 1, article XXII, “was, by a single comprehensi provision to preserve the statutory procedure that was then existing with reference to the courts which were by that instrument abolished, and to authorize that procedure in all rights of action that were to be determined under the new constitution."

Radical changes were effected by the constitution of 1879 in regard to the judicial and lėgįšlativo de partments and in the matters of municipal corporations and taxation, and these changes have resultedt in such a volume of decisions by the Supreme Court of this state, the whole being so interwoven with the general policy of the state, that it is believed that to cite decisions from other states upon similar constitutional provisions would be largely a work of supererogation at the present time. Thatittiere is occasion for the present effort to bring together

in this form the decisions of the Supreme Court of this state is manifest by the encouragement that I have received in various ways since its intended publication has become known.

W. F. H. LOS ANGELES, CAL., October 15, 1894.

INTRODUCTION TO SECOND EDITION.

The sale of this work has exceeded the expectations of the publisher and a second edition has become necessary. This edition brings the annotations to the California Constitution down to date.

I deem it proper to express my gratification at the favor with which my first labor has been received.

Since the first edition the following constitutional amendments have been adopted.

Section 17, article I, amendment adopted Novem-. ber 6, 1894. Section 1, article II, amendment adopted November 6, 1894. Section 5, article II, amendment adopted November 3, 1896. Section 7, article IX, amendment adopted November 6, 1894. Section 3, article XI, amendment adopted November 6, 1894. Section 6, article XI, amendment adopted November 3, 1896. Section 7, article XI, amendment adopted November 6, 1894. Section 81, article XI, added November 3, 1896. Section 1, article XIII, amendment adopted November 6, 1894. Section 123, article XIII, added November 6, 1894.

W. F. H. LOS ANGELES, CAL., December 15, 1898.

Sec. 1. Inalienable rights.

2. Popular government.
3. California an inseparable part of Union.
4. Religious worship and liberty of conscience.

5. Habeas corpus.

6. Bail-excessive fines cruel and unusual punish-

pients.

7. Trial by jury.

8. Informations and indictments-grand jury.

9. Liberty of speech-law of libel.

10. Popular assemblies.

11. General laws to have uniform operation.

12. Military-quartering soldiers.

13. Rights of accused persons-twice in jeopardy-depo-

sitions in criminal cases.
14. Private property- public use.

15. Imprisonment in civil actions.

16. Bills of attainder-ex post facto laws-impairing con.

tracts.

17. Foreigners, rights of.

18. Slavery prohibited.
19. Seizure and search-warrants.

20. Treason,

21. No special privileges or immunities.

22. Constitution, mandatory and prohibitory.

23. Rights retained by the people.

24. No property qualifications for office or voting.

ARTICLE II.

RIGHT OF SUFFRAGE.

Sec. 1. Who entitled to vote.

2. Privileges of electors.

3. Militia duty on election day.

4. Residence, when not gained or lost.

5. Election by ballot.

SEC. 1. Senate-assembly--enacting clause.

2. Sessions of legislature-limitations.
3. Election and terms of assemblymen.
4. Election and terms of Senators — qualification of

members.
5. Number of senators and assemblymen-classes of sen.

ators. 6. . Senatorial and assembly districts. 7. Organization of legislature. 8. Quorum. 9. kules-expulsions. 10. Journals. 11. Privileges of legislators. 12. Vacancies. 13. Open doors. 14. Adjournments-pay during recess. 15. Manner of passing laws. 16. Governors approval-veto. 17. Impeachments. 18. Officers liable to impeachment. 19. Disabilities of legislators. 20. Inelligibility to office. 21. Embezzlement and defalcations. 22. Appropriations-accounts. 23. Compensation of legislators. 24. Titles of acts - Amendment of statutes. 25. Local and special laws prohibited. 26. Lotteries-shares of stock on margin. 27. Congressional districts. 28. Legislative elections. 29. General appropriation bill. 30. Appropriations jor religious and sectarian purposes. 31. Public credit not to be given or loaned. 32. Extra compensation forbidden.

Telegraph and gas charges-wharfage aud storage. 34. Special appropriation bills, to contain but one item. 35. Lobbying and bribery.

ARTICLE V.

EXECUTIVE DEPARIMENT.
SEC. 1. Governor, supreme executive,

2. Election and term.
3. Qualifications.
4. Returps of election.
5. Commander in Chief.
6. Transact all executive business.

SEC. 7. See to due execution of laws.

8. Filling vacancies.

9. May call special sessions of legislature.

10. Executive messages.

11. May adjourn legislature on disagreement.

12. May not hold other office.

13. Seal of state.

14. Grants and commissions, how executed.

15. Lieutenant governor.

16. Duties of goveruor, when devolve upou lieutenant

governor.

17. Other state officers.

18. Secretary of state.

19. Salaries of state officers.
20. Governor not to boome U. S. senator.

ication

ses of

ARTICLE VI.

JUDICIAL DEPARTMENT.

SEC. 1. Judicial power, in senate and courts.

2. Supreme Court.

3. Election and terms of justices of Supreme Court.

4. Jurisdiction of Supreme Court.

5. Jurisdiction of Superior Courts.

6. Superior Couris, elections and terms of judges.

7. Sessions of Superior Courts.

8. Superior Courts, judges pro tempore.

9. Absence, increase or, reduction of judges.

10. Removal of jndicial officers.

11. Justices of the peace.

12. Courts of record.

13. Inferior courts, jurisdiction of.

14. Court clerks and commissioners.

15. Fees and perquisites.

16. Opinions of supreme Court to be published.

17. Salaries of judges.

18. Inelligibility to other offices.

19. Instructing ju,ies.

20. Style of process.

21. Reporter of Supreme Court decisions.
22. Judges not to practice law.
23. Qualifications for judicial office.
24. Affidavit of judge before drawing salary.

purper

torage

one lira

ARTICLE VII.

PARDONING POWER

8EC. 1 Reprieves and pardons.

ARTICLE VIII,

MILITIA.

Sec. 1. Organization-discipline-power to call on.

2. Flags, banners, etc., allowed-prohibited.