REPORTS OF CASES DETERMINED IN THE SUPREME COURT OF THE STATE OF CALIFORNIA C. P. POMEROY REPORTER VOLUME 174 SAN FRANCISCO COPYRIGHT, 1918, BY BANCROFT-WHITNEY COMPANY SAN FRANCISCO THE FILMER BROTHERS ELECTROTYPE COMPANY ISADORE ERB.... .... Attorney-General .Assistant Attorney-General ...Chief Deputy Attorney-General ..Deputy Attorney-General .Deputy Attorney-General ..Deputy Attorney-General .Deputy Attorney-General ..Deputy Attorney-General Assistant Reporter ...Clerk .Reporter W. R. MACKRILLE.......Chief Deputy Clerk, San Francisco G. H. S. DRYDEN. A. S. RAMAGE... M. C. VAN ALLEN.. WM. I. TRAEGER... ..Deputy Clerk, San Francisco Deputy Clerk, San Francisco .Deputy Clerk, San Francisco .Deputy Clerk, Los Angeles Deputy Clerk, Los Angeles ORGANIZATION OF SUPREME COURT. [Constitution, article VI, section 2.] SEC. 2. The Supreme Court shall consist of a chief justice and six associate justices. The Court may sit in departments and in Bank, and shall always be open for the transaction of business. There shall be two departments, denominated, respectively, Department One and Department Two. The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time. The associate justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves, or as ordered by the chief justice. Each of the departments shall have the power to hear and determine causes, and all questions arising therein, subject to the provisions hereinafter contained in relation to the Court in Bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to be heard and decided by the Court in Bank. The order may be made before or after judgment pronounced by a department; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made within thirty days after such judgment, and concurred in by two associate justices, and if so made it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a case to be heard in Bank. If the order be not made within the time above limited, the judgment shall be final. No judgment by a department shall become final until the expiration of the period of thirty days aforesaid, unless approved by the chief justice, in writing, with the concurrence of two associate justices. The chief justice may convene the Court in Bank at any time, and shall be the presiding justice of the court when so convened. The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in Bank; but if four justices, so present, do not concur in a judgment, then all the justices |