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SECT. 18. Judges Ineligible to other Offices.—The justices of the Supreme Court and judges of the Superior Courts shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected.

SECT. 19. Charge to Jury.-Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Sect. 20. Style of Process.—The style of all process shall be, “The People of the State of California,” and all prosecutions shall be conducted in their name and by their authority.

SECT. 21. Supreme Court Reporter.—The justices shall appoint a reporter of the decisions of the Supreme Court, who shall hold his office and be removable at their pleas

He shall receive an annual salary not to exceed twenty-five hundred dollars, payable monthly.

SECT. 22. Judges not to Practice Law.—No judge of a court of record shall practice law in any court of this State during his continuance in office.

SECT. 23. Qualifications of Judges.—No one shall be eligible to the office of justice of the Supreme Court, or to the office of judge of a Superior Court, unless he shall have been admitted to practice before the Supreme Court of the State.

Sect. 24. Condition of Receiving Salary.—No judge of a Superior Court, nor of the Supreme Court, shall, after the first day of July, one thousand eight hundred and eighty, be allowed to draw or receive any monthly salary unless he shall take and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains undecided that has been submitted for decision for the period of ninety days.

ARTICLE VII.

PARDONING POWER.

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SECTION 1. Extent of Pardoning Power.—The Governor shall have the power to grant reprieves, pardons, and commutations of sentence, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, the Governor shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The Governor 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, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the Governor nor the Legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of a felony, unless upon the written recommendation of a majority of the judges of the Supreme Court. (Compare U. S. Const., Art. II., Sect. 2.)

ARTICLE VIII.

MILITIA.

SECTION 1. Organization of Militia.-The Legislature

— shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not

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incompatible with the Constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the Legislature shall from time to time direct, and shall be commissioned by the Governor. The Governor shall have power to call forth the militia, to execute the laws of the State, to suppress insurrections, and repel invasions. (Compare U. S. Const., Art. I., Sect. 8, Par. 16.)

SECT. 2. Flag of State Militia.—All military organizations provided for by this Constitution, or any law of this State, and receiving State support, shall, while under arms either for ceremony or duty, carry no device, banner, or flag of any State or nation, except that of the United States or the State of California.

ARTICLE IX.

EDUCATION.

SECTION 1. Encouragement of Education.-A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

SECT. 2. Superintendent of Public Instruction.-A Superintendent of Public Instruction shall, at each gubernatorial election after the adoption of this Constitution, be elected by the qualified electors of the State. He shall receive a salary equal to that of the Secretary of State, and shall enter upon the duties of his office on the first Monday after the first day of January next succeeding his election.

SECT. 3., County School Superintendents.—A superintendent of schools for each county shall be elected by the qualified electors thereof at each gubernatorial election; provided, that the Legislature may authorize two or more counties to unite and elect one superintendent for the counties so uniting.

SECT. 4. State School Fund.—The proceeds of all lands that have been or may be granted by the United States to this State for the support of common schools, which may be or may have been sold or disposed of, and the five hundred thousand acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as may be granted, or may have been granted, by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State.

Sect. 5. Free School in every District.—The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

Sect. 6. The Public School System.—The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools, and technical schools as may be established by the Legislature, or by municipal or district authority;

Limitation on the Use of the State School Money.-But the entire revenue derived from the State school fund

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and the State school tax shall be applied exclusively to the support of primary and grammar schools. SECT. 7. State Board of Education.-State Text-Books.

. The Governor, Superintendent of Public Instruction, and the principals of the State normal schools, shall constitute the State board of education, and shall compile, or cause to be compiled, and adopt a uniform series of textbooks for use in the common schools throughout the State. The State board may cause such text-books, when adopted, to be printed and published by the Superintendent of State Printing, at the State printing office, and when so printed and published, to be distributed and sold at the cost price of printing, publishing, and distributing the same. The text-books so adopted shall continue in use not less than four years; and said State board shall perform such other duties as may be prescribed by law.

County Boards of Education.—The Legislature shall provide for a board of education in each county in the State. The county superintendents and the county boards of education shall have control of the examination of teachers and the granting of teachers' certificates within their respective jurisdictions. [As amended November 4, 1884.]

SECT. 8. Sectarianism.-No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any

of the common schools of this State. Sect. 9. University of California.—The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic act creating the same, passed March twenty-third, eighteen hundred and sixty-eight (and the several acts amenda

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