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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 rule expressed in Knowles v. Yates, 31 Cal. 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 comprehensive 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 legislative departments and in the matters of municipal corporations and taxation, and these changes have resulted 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. That there 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 November 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 12, article XIII, added November 6, 1894. W. F. H.

LOS ANGELES, CAL., December 15, 1898.

DISTRIBUTION OF POWERS.

SEC. 1. Three departments of government.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SEC. 1. Senate-assembly-enacting clause. 2. Sessions of legislature-limitations. Election and terms of assemblymen.

3.

4. Election and terms of senators - qualification of members.

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

6. Senatorial and assembly districts.

7. Organization of legislature.

8. Quorum.

9.

10. Journals.

ARTICLE III.

Kules-expulsions.

11. Privileges of legislators.

12. Vacancies.

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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 or religious and sectarian purposes. 31. Public credit not to be given or loaned.

32. Extra compensation forbidden.

33

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

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8. Filling vacancies.

9. May call special sessions of legislature.

10. Executive messages.

Salaries of state officers.

Governor not to boome U. S. senator.

21. Reporter of Supreme Court decisions.

22. Judges not to practice law.

23. Qualifications for judicial office.

24. Affidavit of judge before drawing salary.

SEC. 1. Organization-discipline-power to call on.
2. Flags, banners, etc., allowed-prohibited.

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