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Cal. 521. And it was not the intention to repeal or abrogate this law by the new constitution. Such law was preserved in full force and effect by section 1, article XXII, of this constitution. Germania B. & L. Association v. Wagner, 61 Cal. 349.
A law [section 1191, Code of Civil Procedure], purporting to give the right of lien upon land by virtue of a contract for street improvement, entered into with a "reputed owner,' and not with the real owner, is to that extent unconstitutional. Santa Cruz Rock Pav. Co. v. Lyons, 117 Cal. 214.
The term "mining claim" has a well defined meaning, and does not include a body of agricultural land upon which the owners open and work a mine. The lien of a laborer employed in the mine would not extend to the entire tract. Morse v. DeArdo, 107 Cal. 623. The section is referred to in Russ & Sons Co. v. Crichton, 117 Cal. 699.
SECTION 16. When the term of any officer or commissioner is not provided for in this constitution, the term of such officer or commissioner may be declared by law; and, if not so declared, such officer or commissioner shall hold his position as such officer or commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years.
Const. 1849, Art. XI, Sec. 7.
Where a city ordinance provided that the chief of the fire department should be appointed to hold office one year or until his successor should be appointed and qualified, the term of
such office not being fixed by the constitution or law, and the organic act of the city provided that the trustees may appoint and remove policemen and other subordinate officers as they may deem proper. Held, the chief could be removed and another appointed in his stead within the year, and it would seem that the city trustees could not by ordinance limit their right of removal. Higgins v. Cole, 100 Cal. 260, and see People v. Edwards, infra.
The provision that in no case shall such term exceed four years does not preclude a person from holding over until a successor is qualified, but merely limits the term for which a person can be elected or appointed. People v. Edwards, 93 Cal. 153; citing People v. Hammond, 66 Cal. 654.
The provisions of Political Code [Secs. 3004 et seq.] providing for a board of health for San Francisco, violates this provision in establishing the term of office as five years. The members of said board are officers within the meaning of section 7, article XI, constitution [constitution of 1849, amendment, 1863], and a vacancy occurred at the expiration of four years after the appointment. People v. Perry, 79 Cal. 105.
Plaintiff was appointed a police officer of Sacramento and was dismissed without written charges being presented against him or a trial. Such charges and trial were provided for in the sixth section of the act of March 6, 1872 [Stats. p. 244], incorporating the city of Sacramento. Section 7, article XI, of the con
stitution of 1849 was substantially the same. as section 16, article XX, of the constitution of 1879. In People v. Hill, 7 Cal. 102, it was said: "When the time or term of holding is not fixed, the tenure of the office is at the pleasure of the appointing power. This power of removal cannot be taken away, except by limiting the term." Smith v. Brown, 59 Cal. 672, decided on authority of People v. Hill, supra; see also People v. Edwards, 93 Cal. 153. [Sec. 7, Art. XI, Const. as amended in 1863.]
The commissioners to manage the Yosemite valley, provided under the act of April 15, 1880 [Stats. p. 205], and the act of April 2, 1866 [Stats. p. 710], were officers, though it may be admitted that one may sometimes be charged as trustee who is clothed with a power with reference to real estate where the legal title is not vested in him. Said commissioners being officers, their terms of office expired four years after their appointment. People v. Ashburner, 55 Cal. 517.
That a school teacher elected by a city board of education without any limitation as to time or duration of term is entitled to hold the position while competent and faithful, and can only be dismissed for violation of rules, incompetency or the like, is dissented to by Fox and McFarland, JJ., as contrary to section 16, article XX, and to the entire spirit of our constitution and legislation. [Secs. 1617, 1793, Political Code.] Kennedy v. Board of Education, 82 Cal. 493, 465.
SECTION 17. Eight hours shall constitute a legal day's work on all public work.
SECTION 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation or profession.
A city ordinance making it unlawful to sell liquors, etc., in any dance cellar, etc., where females are employed to wait on men, is not unlawful discrimination against persons on account of sex. [Separate opinions affirming and distinguishing Ex parte Christiansen, 85 Cal. 208.] Ex parte Hayes, 98 Cal. 555. Ordinance of city of Stockton required a saloon license of thirty dollars per quarter, and by another section, for saloons or bars where females are employed as bar tender, solicitor, waitress, etc., a license of one hundred and fifty dollars per month. Held, the ordinance is a valid exercise of police power. Commenting on opinions expressed in the case of Maguire, 57 Cal. 610. Ex parte Felchlin, 96 Cal. 360.
An ordinance of city and county of San Francisco which declared it a misdemeanor to employ, cause or procure any female to wait or in any manner attend on any person in any dance cellar or place where liquors are used or sold, or for any female to attend or wait upon persons in such places, or for any person owning or having charge of such cellar or place where liquors are sold to suffer or permit any female to remain therein between the hours of 6 P. M. and 6 A. M. (and excepting hotels) is unconstitutional, as discrimi
nating against females engaging in occupations on account of sex, the business not being declared unlawful. Matter of Maguire, 57 Cal. 604.
SECTION 19. Nothing in this constitution shall prevent the legislature from providing, by law, for the payment of the expenses of the convention framing this constitution, including the per diem of the delegates for the full term thereof.
SECTION 20. Elections of the officers provided for by this constitution, except at the election in the year eighteen hundred and seventy-nine, shall be held on the even numbered years next before the expiration of their respective terms. The terms of such officers shall commence on the first Monday after the first day of January next following their election.
Const. 1849, Art. IV, Sec. 39, and Schedule Sec. 8.
Term of office of superior judge commences on first Monday after first of January next following his election. Bank of Merced v. Rosenthal, 99 Cal. 39. Affirming same case, 31 Pac. Rep. 849. Justices of the peace were officers to be elected in 1879, and afterwards on even numbered years, and their term of office was shortened one year by section 10 article XXII. People v. Ransom, 58 Cal. 560, and see People v. Harvey, Id. 337 as to school director, and Wood v. Election Commissioners, Id. 561. Justices of the peace are judicial officers and are included in section 10 of article XXII. McGrew v. Mayor of San Jose, 55 Cal.
The county clerk of San Francisco elected