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lature, be out of the State in time of war, at the head of any military force thereof, he shall continue Commander-in-Chief of the military force of the State.
Other State officers.
Sec. 18. A Secretary of State, a Controller, a Treasurer, an Attorney-General, and a Surveyor-General, shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant-Governor, and whose term of office shall be the same as the Governor.“ (Amendment, proposed 1861; ratified 3d September, 1862.)
Duties of Secretary of State.
SEC. 19. The Secretary of State shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service froin the taking effect of the amendments proposed to said article five by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended thereby, until the election and qualification of the several officers provided for in said amendments. (Amendment, proposed 1861 ; ratified 3d September, 1862.)
Election of State officers.
SEC. 20. The Controller, Treasurer, Attorney-General, and Surveyor-General, shall be chosen by joint vote of the two Houses of the Legislature, at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant-Governor.
SEC. 21. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, and Surveyor-General, shall each, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected; but
a. The constitutional policy is that all elective officers connected with the executive departments shail be elected biennially at the same time and place, and in the same manner. An appointment of a Controller by the Governor before this election cannot defeat this policy, nor deprive the people of their right to fill the office of Controller at such election. (Brooks vs. Melony, 15 Cal. 58.)
neither of these officers shall receive for his own use any fees for the performance of his official duties."
JUDICIAL DEPARTMENT. Judicial power.
SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, in Probate Courts, and in Justices of the Peace, and in such Recorders' and other inferior Courts as the Legislature may establish in any incorporated city or town. (Amendment, proposed 1861 ; ratified 3d September, 1862.)
Sec. 2. The Supreme Court shall consist of a Chief Justice and four Associate Justices. The presence of three Justices shall be necessary for the transaction of business, excepting such business as may be done at Chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment. (Amendment, proposed 1861; ratified 3d September, 1862.)
Election of Supreme Judges.
SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at special elections to be provided by
a. The Constitution is silent with respect to the duties to be performed by the Attorney-General, Secretary of State, Controller and Treasurer, and in assigning their duties the Legislature has a wide discretion ; but a limitation on this discretion is implied from the nature of these offices. (Love vs. Baehr, 47 Cal. 364.)
b. Each branch of the judicial department has its functions assigned by the Constitution, and is beyond the control of either of the other departments of the government. (Parsons vs. Tuolumne County Water Company, 5 Cal. 43.)
The Legislature cannot confer on one Court the functions and powers which the Constitution has conferred on another; consequently a law vesting Justices of the Peace with jurisdiction where the amount in controversy amounts to that over which District Courts have jurisdiction is unconstitutional. (Zander vs. Coe, 5 Cal. 230.)
Under the power “to establish such municipal and other inferior Courts as may be necessary,” the Courts thus created could only be of inferior, limited, and special jurisdiction. The old Superior Court of San Francisco could, therefore, not be vested with jurisdiction so as to let its powers run beyond its territory. (Meyer vs. Halkman, 6 Cal. 582.)
The purpose and effect of the amendment of article six is not to suspend the administration of any portion of the laws of the State, but to provide a judiciary system which will go into operation when the necessary officers shall be elected pursuant to laws to be hereafter enacted, and to continue the former judiciary system in force until the new one shall be in a condition to exercise its functions. The old provisions cease to have effect from time to time as the substituted provisions commence to operate. (Ex parte Carlos Oliverez, 21 Cal. 415.)
The term “ Municipal Courts” has a legal meaning, and includes Mayors' and Recorders Courts. (Uridias vs. Morrill, 22 Cal. 473.)
The Constitution not having defined the jurisdiction of the Municipal Courts authorized to be established, it is left to be regulated by the Legislature under its general powers. (Id.).
The Municipal Criminal Court of San Francisco is a constitutional Court. (People vs. Myland, 41 Cal. 129.)
law, at which elections no officer other than judicial shall be elected, except a Superintendent of Public Instruction. The first election for Justices of the Supreme Court shall be held in the year eighteen hundred and sixty-three. The Justices shall hold their offices for the term of ten years from the first day of January next after their election, except those elected at the first election, who, at their first meeting, shall so classify themselves by lot that one Justice shall go out of office every two years. The Justice having the shortest term to serve shall be the Chief Justice. (Amendment, proposed 1861; ratified 3d September, 1862.)
Jurisdiction of Supreme Court.
SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; also, in all cases arising in the Probate Courts; and also in all criminal cases amounting to felony, on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus; and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any District Court, or any County Court, in the State, or before any Judge of said Courts. (Amendment, proposed 1861; ratified 3d September, 1862.)
6. The Supreme Court being created by the Constitution, and its powers being therein defined, the jurisdiction therein conferred must be taken as exclusive; hence, under the original section, it was beld that it had no original jurisdiction, except in cases of habeas corpus, and could not issue a quo warranto. (Attorney-General ex parte, 1 Cal. 85.)
Nor could it issue a certiorari. (Warner vs. Hall, 1 Cal. 90.)
But it could exercise its appellate powers by means of mandamus, and it seems, of certiorari, etc. (People vs. Turner, 1 Cal. 143; White vs. Lighthall, 1 Cal. 347; see Cowell vs. Buckelew, 14 Cal. 640.)
No appeal lay from the judgment of a District Court on an appeal from an order of the Court of Sessions upon an application for a ferry license. (2 Cal. 133.)
Held that the Supreme Court had power to issue a writ of error to a County Court, where the Supreme Court had jurisdiction of the subject matter, and there was no express provision by law by which the case could be brought up. (Adams & Co. vs. Town, 3 Cal. 247.)
This Court has no appellate jurisdiction in cases of misdemeanor or crimes of a less degree than felony, and no jurisdiction can be conferred by the Legislature. (People vs. Applegate, 5 Cal. 295; People vs. Shear, 7 Cal. 139; People vs. Vick, 7 Cal. 165.)
The Supreme Court has no power to naturalize. (Ex parte Frank Knowles, 5 Cal. 300.)
A writ of error will lie only in cases where no appeal is given by statute. Where an appeal is given, that remedy is exclusive. (Haight vs. Gay, 8 Cal. 297.)
The Supreme Court possesses appellate jurisdiction in all cases, except as provided in the Constitution; it consequently has appellate jurisdiction in divorce cases. (Conant vs. Conant, 10 Cal. 249.)
Jurisdiction on appeal will not be entertained where the record (in a suit for damages) fails
Judicial districts-District Judges.
Sec. 5. The State shall be divided by the Legislature of eighteen hundred and sixty-three into fourteen judicial districts, subject to such alteration from time to time, by a two-thirds vote of all the members elected to both Houses, as the public good may require; in each of which there shall be a District Court, and for each of which a District Judge shall be elected by the qualified electors of the district at the special judicial elections to be held as provided for the election of Justices of the Supreme Court by section three of this article. The District Judges shall hold their offices for the term of six years from the first day of January next after their election. The Legislature shall have no power to grant leave of absence to a judicial officer, and any such officer who shall absent himself from the State for upwards of thirty consecutive days shall be deemed to have forfeited his office. (Amendment, proposed 1861; ratified 3d September, 1862.)
to show that the matter in dispute exceeds two hundred dollars. (Doyle vs. Seawell, 12 Cal. 280.)
The words “matter in dispute" mean the subject of litigation. Costs form no part of it. (Dumphy vs. Guindon, 13 Cal. 28; Votan vs. Reese, 20 Cal. 89.)
Where suit was brought for two hundred dollars and defendant pleaded a set-off of one hundred and twenty-five dollars: Held, that the matter in dispute did not exceed two hundred dollars. (Simmons vs. Brainard, 14 Cal. 278.)
Where there was a judgment for plaintiff against defendant for six hundred dollars, and defendant, having a judgment against plaintiff' for one hundred and ten dollars in another Court, moved to set it off, which was denied: Held, on appeal of the motion that the matter in dispute did not exceed two hundred dollars. (Crandell vs. Blen, 15 Cal. 406.)
Some offenses may be punished either as felonies or misdemeanors, and in such cases the punishment inflicted must determine the grade of the offense. If the punishment is a fine for a misdemeanor, though it exceeds two hundred dollars, the Supreme Court has no appellate jurisdiction. (People vs. Cornell, 16 Cal. 187.)
The half-pilotage allowed by the twenty-third section of the Act of March 29,1856, relating to pilots, is not a “toll" within the meaning of the Constitution. (Harrison vs. Green, 18 Cal. 94.)
Where the matter in dispute does not exceed the constitutional sum, the Supreme Court has no appellate jurisdiction, though the demand is secured by a mechanics' lien or a mortgage, of which a foreclosure is sought in the same case. (Poland vs. Carrigan, 20 Cal. 174.)
The Supreme Court could not, under the original article, issue the writ of certiorari except in aid of its appellate jurisdiction; consequently the provision of section four hundred and fiftysix of the practice Act held not to apply to it. (Miliken vs. Huber, 21 Cal. 169.)
Where, in an action of forcible entry and detainer, plaintiff had judgment in a Justice's Court for twenty dollars damages, and twenty dollars fine and costs, from which defendant appealed to the County Court, where the action was dismissed and afterwards a new trial granted: Held, that it was doubtful whether the Supreme Court had jurisdiction of an appeal from the order. (Quinn vs. Kenyon, 22 Cal. 82.)
Under the Constitution as amended, the Supreme Court has original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus. (Tyler vs. Houghton, 25 Cal. 26.)
A fine imposed by the County Court for wrongfully demanding and collecting toll for the privilege of passing over a road, is not a “municipal fine” within the meaning of the Constitution. (People vs. Johnson, 30 Cal. 98.)
The words "cases at law” refer to civil as distinguished from criminal cases. (People vs. Johnson, 30 Cal. 98.)
The Supreme Court has constitutional jurisdiction of an appeal from the County Court in a contested election case. (Knowles vs. Yeates, 31 Cal. 82; Day vs. Jones, 31 Cal. 261.)
a. An Act of the Legislature, by which a District Judge of one district is empowered to hold a District Court in another district, is not unconstitutional. (People vs. McCauley, 1 Cal. 379.)
An election for District Judge at the general election of 1858, when the then incumbent's office was not to expire until 1861: Held unauthorized. (Brodie vs. Weller, 11 Cal. 77.)
When a District Judge is elected by the people on the occasion of a vacancy, he is elécted for
Jurisdiction of District Courts.
Sec. 6. The District Courts shall have original jurisdiction in all cases in equity; also, in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars; and also in all criminal cases not otherwise provided for. The District Courts and their Judges shall have power to issue writs of habeas corpus, on petition by or on behalf of any person held in actual custody, in their respective districts." (Amendment, proposed 1861; ratified 3d September, 1862.)
County Courts and County Judges-Probate Judge in San Francisco.
Sec. 7. There shall be in each of the organized counties of the State a County Court, for each of which a County Judge shall be elected by the qualified electors of the county, at the special judicial elections to be held, as provided for the election of Justices of the Supreme Court by section three of this article. The County Judges shall hold their offices for the term of four years from the first day of January next after their election. Said Courts shall also have
a full term, and this, though the proclamation of the Governor is for the unexpired term. The Legislature can direct the time and prescribe the manner of electing District Judges, but cannot change the tenure of the office. (People vs. Burbank, 12 Cal. 378.)
This provision does not restrict the number of judicial districts to fourteen; it means that the Legislature may alter their number as well as their extent. (People vs. Sassovich, 29 Cal. 480.)
a. The jurisdiction of District Courts is confirmed and defined by the Constitution, and nó statute can deprive them of their powers. Consequently they have jurisdiction of mining claims if the amount in controversy is sufficient, though the Legislature says that Justices of the Peace shall have jurisdiction of mining claims. (Hicks vs. Bell, 3 Cal. 219; Freeman vs. Powers, 7 Cal. 104.)
When the principal sum sued for is less than two hundred dollars, the District Court has not jurisdiction. (Arnold vs. Van Brunt, 4 Cal. 89.)
District Courts have no appellate jurisdiction. (Reed vs. McCormick, 4 Cal. 342.)
District Courts may render judgment for less than two hundred dollars. (Jackson vs. Whartenby, 5 Cal. 94.)
A law vesting Justices of the Peace with jurisdiction, where the amount in dispute exceeds the sum specified in the Constitution, is void. (Zander vs. Coe, 5 Cal. 230.)
The District Judge while sitting in an equity case is possessed of all the powers of a Court of Chancery. (Sanford vs. Head, 5 Cal. 297.)
The District Courts have " original jurisdiction in all cases in equity," and a statute depriving them of that jurisdiction or transferring it to any other Court is unconstitutional and void. (Willis vs. Farley, 24 Cal. 490.)
The District Courts have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, notwithstanding the Supreme Court has like jurisdiction. (Perry vs. Ames, 26 Cal. 372.)
The District Courts have jurisdiction of all actions to recover damages for trespass upon lands, regardless of the amount of damages claimed. (Holman vs. Taylor, 31 Cal. 338.)
Since the amendment of this section District Courts have no jurisdiction to try issues framed in Probate Courts; and an Act attempting to confer such jurisdiction is void. (Matter of Will of Bowen, 34 Cal. 682.)
It is the intention of this clause to give the District Courts exclusive jurisdiction in those cases only in which the right to the possession is involved. (Pollock vs. Cummings, 38 Cal. 683.)
The constitutional jurisdiction of the District Courts in “equity cases” does not prevent the Legislature from prescribing the procedure by which such jurisdiction is to be exercised, unless the regulations substantially impair the constitutional power of the Court or practically defeat its exercise. (Ex parte Harker, 49 Cal. 465.)