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this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office, not fixed by this Constitution, ever exceed four years.“
SEC. 8. The fiscal year shall commence on the first day of July.
Support of county and inferior officers.
SEC. 9. Each county, town, city, and incorporated village shall make provision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe.
Credit of State.
SEC. 10. THE CREDIT OF THE STATE SHALL NOT IN ANY MANNER BE GIVEN OR LOANED TO OR IN AID OF ANY INDIVIDUAL, ASSOCIATION, OR CORPORATION; NOR SHALL THE STATE, DIRECTLY OR INDIRECTLY, BECOME A STOCKHOLDER IN ANY ASSOCIATION OR CORPORATION
Suits against State.
SEC. 11. Suits may be brought against the State in such a manner in such Courts as shall be directed by law.
SEC. 12. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.
SEC. 13. TAXATION SHALL BE EQUAL AND UNIFORM THROUGHOUT THE STATE. ALL PROPERTY IN THIS STATE SHALL BE TAXED IN PROPORTION TO ITS VALUE, TO BE ASCERTAINED AS DIRECTED BY LAW; BUT ASSESSORS AND COLLECTORS OF TOWN, COUNTY, AND STATE TAXES SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE DISTRICT, COUNTY, OR TOWN IN WHICH THE PROPERTY TAXED FOR STATE, COUNTY, OR TOWN PURPOSES IS SITUATED.“
a. The Governor cannot remove from office a Notary Public, duly appointed, before his full term of office has expired. (Finlay vs. Jewett, 6 Cal. 291.)
This provision must be construed to deny the right of removal in those cases where the tenure is defined. (Id.)
A law which provides that an officer may be removed in a certain way, or for a certain cause, does not restrain or limit the power of removal to the cause or manner indicated. The only way in which this power of removal can be limited is by first fixing the duration or term of office, and then providing the mode, if deemed necessary, by which the officer may be removed during the term. (People vs. Hill, 7 Cal. 97.)
This clause does not inean that an office created by the Legislature shall cease to exist after four years; but that the term, fixed by the constituting authority and for which an incumbent holds by election or appointment, shall not extend beyond that limit. (People vs. Stratton, 28 Cal. 382.)
The Commissioners of the Funded Debt of the City of San Francisco were not officers within the meaning of this section, as their term was not limited to four years. (People vs. Middleton, 28 Cal. 663.)
b. The clause prohibiting the State from giving or loaning its credit to or in aid of a corporation does not prohibit it from appropriating its funds in time of war to aid a corporation in the construction of a railroad to be used by the State for military purposes. (People vs. Pacheco, 27 Cal. 175.)
a. This section applies only to direct taxation upon property, and does not prohibit the Legislature from enacting license laws. It may require the payment by foreigners of a license fee for the privilege of working the gold mines in the State.“ (People vs. Naglee, 1 Cal. 232.)
The Constitution provides that all property shall be taxed; but the quo modo is a matter of legislative control, and the statute must be steadily followed. (De Witt vs. Hays, 2 Cal. 463.)
It is not within the power of the Legislature to exempt any species of property, however owned, from taxation. That a steamboat is taxed in New York is no ground why it should not be taxed in California, when within its limits. (Minturn vs. Hays, 2 Cal. 590.)
The first clause of this section does not operate as a limitation on the taxing power of the Legislature, and apply to every species of taxation, but is to be taken as applying only to direct taxation on property as such. It does not require that all should be taxed alike. The power of the Legislature to tax trades, professions, and occupations, is a matter completely within its control, and rests in its sound discretion. (People vs. Coleman, 4 Cal. 46.)
The interest of the occupant of a mining claim is property, and it is within the power of the Legislature, under the Constitution, to tax such property. (State vs. Moore, 12 Cal. 56.)
This section applies only to that charge or imposition upon property which it is necessary to levy to raise funds to defray the expenses of the government of the State or of some county or town. It has no reference to special assessments for local improvements. For the expenses of such improvements it is competent for the Legislature to provide, either by general taxation upon the property of all the inhabitants of the county or town in which they are made, or upon property adjacent thereto and especially benefited thereby. (Burnett vs. Sacramento, 12 Cal. 76.)
The Legislature can impose a general tax upon all the property of the State, or a local tax upon the property of particular political subdivisions, as counties, cities, and towns. The cases in which its power shall be exercised, and the extent to which the taxation in a particular instance shall be carried, are matters exclusively within its own judgment, subject to the qualifications of equality and uniformity in the assessment. And, except as especially restricted, its power of appropriation of the moneys raised is co-extensive with its power of taxation. (Blanding vs. Burr, 13 Cal. 343.)
Assessors and Tax Collectors are constitutional officers, but it is not necessary that every portion of the revenue pass through their hands. The Legislature may authorize the taxpayer to pay his taxes directly into the treasury. (People vs. Squires, 14 Cal. 12.)
The foreign miners' license, though in some sense a tax, yet, probably, it is not so in the sense involved in the necessary duties of a Tax Collector. (Id.)
A Sheriff, being ex officio Tax Collector of foreign miners' licenses, may be deprived of the office of Tax Collector by the Legislature, before the expiration of his term. (Id.)
The Act May 3, 1852, providing for the appointment of a Gauger for the Port of San Francisco, is constitutional. It does not violate the provision that taxation shall be equal and uniform, because the percentage allowed the Gauger is not a tax within the meaning of the Constitution. (Addison vs. Saulnier, 19 Cal. 82.)
The provision that taxation shall be equal and uniform is not violated by the Revenue Act of April 29, 1857, exempting church and school lands and lands of the United States from taxation. (High vs. Shoemaker, 22 Cal. 363.)
The words “ taxation” and “taxes," as used in this section, do not apply to assessments levied upon city lots to pay for street improvements. (Emery vs. S. F. Gas Co., 28 Cal. 345 )
The provisions of this section are limitations and not grants of power, but as limitations, are, according to their terms, mandatory upon the Legislature. (People vs. McCreery, 34 Cal. 432.)
The words "all property in this State” mean all property which is not public, and the Legislaturé has no power to erempt any private property from taxation. (People vs. McCreery, 34 Cal. 432.)
An Act providing for the assessment of railroad or other property by Assessors other than those in whose district the property is situated is unconstitutional. (People vs. Placerville and S. V. R. R. Co., 34 Cal. 656.)
The Legislature may, by law, devolve the office and duties of Tax Collector upon the incumbent of any other elective office; but such law must precede the election of such officer, and his election must be by the qualified electors of the Tax Collector's district. (People vs. Kelsey, 34 Cal. 470.)
A statute erempting private property from taration, and all parts thereof relating to such exemption, are unconstitutional and must be disregarded. (People vs. Gerke, 35 Cal. 677.)
An Act having the effect of erempting the property of a railroad from the payment of a school tar regularly levied is unconstitutional." (Crosby vs. Lyon, 32 Cal. 242.)
An Act taxing the property of a district for a local improvement, which exempts personal Separate property.
Sec. 14. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property."
SEC. 15. The Legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
SEC. 16. No perpetuities shall be allowed, except for eleemosynary purposes.
Sec. 17. Every person shall be disqualified from holding any office of profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment.
property from its operation, is unconstitutional, because not levied on all the property in the district. (People vs. Whyler, 41 Cal. 351.)
The word “property," as here used, includes not only visible and tangible property, but also choses in action, such as solvent debts secured by mortgage. (People vs. Eddy, 43 Cal. 331; Savings and Loan Society vs. Austin, 46 Cal. 415.)
Where an Act authorizes a tax for road purposes upon property along a road in a portion of a county, and providing that it should be assessed by the County Assessor, and it was so assessed : Held, that the assessment was void because not made by an Assessor elected by the electors of the district. (Williams vs. Corcoran, 46 Cal. 553.)
The Act creating a State Board of Equalization, which gave the Board power to fix the rate of taxation for State purposes, was not unconstitutional. (Savings and Loan Society vs. Austin, 46 Cal. 415; overruled in Houghton vs. Austin, 47 Cal. 646.)
The Legislature cannot authorize a Board of Supervisors to remit a tax, or part of a tax, within a specified district. (Wilson vs. Supervisors of Sutter County, 47 Cal. 91.)
a. This section is taken from the Constitution of Texas. 'It creates a capacity in the wife to hold separate property, and her title depends upon the mode of acquisition, and vests before the inventory can be filed. (Selover vs. American Russian Commercial Company, 7 Cal. 266.)
From the position that the capacity of the wife as to her separate property is equal to that of the husband as to his separate property, grave doubts exist as to the validity of some of the provisions of the statute relating to husband and wife. (Id.)
The term “ separate property” is used in its common law sense, and means an estate, both in its use and in its title, for the exclusive benefit of the wife. Neither the husband nor his creditor can claim the proceeds or fruits of the separate estate of the wife. A law giving them such fruits is unconstitutional. (George vs. Ransom, 15 Cal. 222.)
The rights of married women to their separate property in California do not depend alone upon the common law or doctrines of Courts of equity, but mainly upon the Constitution and statutes. (Maclay vs. Love, 25 Cal. 367.)
This clause does not refer to the mode and form in which a wife shall convey her separate property, and, therefore, a statute requiring a deed conveying such separate property to be signed by the husband as well as the wife is not unconstitutional. (Dow vs. Gould and Curry S. M. Co., 31 Cal. 630.)
6. The Constitution is inoperative in itself, and looks to legislation to determine how far and in what manner the homestead should be protected from forced sale. (Cary vs. Tice, 6 Cal. 625.)
Right of suffrage.
Sec. 18. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.
SEC. 19. Absence from this State, on business of the State or of the United States, shall not affect the question of residence of any person.
SEC. 20. A plurality of the votes given at an election shall constitute a choice, where not otherwise directed in this Constitution.
Publication of laws, etc.
SEC. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.
BOUNDARY. State boundary.
SECTION 1. The boundary of the State of California shall be as follows: Commencing at the point of intersection of the forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of the said one hundred and twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the River ('olorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May thirtieth, eighteen hundred and forty-eight; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a northwesterly direction and following the direction of the Pacific Coast to the forty-second degree of north latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also, all the islands, harbors, and bays along and adjacent to the Pacific Coast.
SCHEDULE. Mexican laws in force.
SECTION 1. All rights, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.
Removal of causes.
Sec. 2. The Legislature shall provide for the removal of all causes which may be pending, when this Constitution goes into effect, to Courts created by the same.
Change of government.
SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no officer shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this Constitution.
SEC. 4. The provisions of this Constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session.
SEC. 5. Every citizen of California declared a legal voter by this Constitution, and every citizen of the United States a resident of this State on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof.
Constitution to be submitted to people.
SEC. 6. This Constitution shall be submitted to the people for their ratification or rejection at the general election to be held on Tuesday, the thirteenth day of November next. The Executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the Prefects of the several dis