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nor more than one-half, of that of the members of Assembly; and at the first session of the Legislature after this section takes effect, the Senators shall be divided by lot, as equally as may be, into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one-half shall be chosen biennially. (Amendment, proposed 1861; ratified 3d September, 1862.)
Increase in number.
SEC. 7. When the number of Senators is increased, they shall be appointed by lot, so as to keep the two classes as nearly equal in number as possible.
Organization of legislative Houses.
SEC. 8. Each House shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.
SEC. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may provide.
SEC. 10. Each House shall determine the rules of its own proceedings, and may, with the concurrence of two-thirds of all the members elected, expel a member.
SEC. 11. Each House shall keep a Journal of its own proceedings, and publish the same; and the yeas and nays of the members of either House, on any question, shall, at the desire of any three members present, be entered on the Journal.
Privileges of legislators.
SEC. 12. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and they shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.
SEC. 13. When vacancies occur in either House, the Governor, or
the person exercising the functions of the Governor, shall issue writs of elections to fill such vacancies.
SEC. 14. The doors of each House shall be open, except on such occasions as, in the opinion of the House, may require secrecy.
SEC. 15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
Origination of bills.
SEC. 16. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended in the other.
Governor's approval-Passage of bills notwithstanding Governor's objections.
SEC. 17. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which shall enter the same upon the Journal, and proceed to reconsider it. If, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two-thirds of the members of each House present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall be a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return."
a. The Court may go behind the record evidence of a statute, and inquire whether it was passed or approved in accordance with the Constitution. (Fowler vs. Peirce, 2 Cal. 165.)
In approving a statute the Executive acts as a component part of the law-making power, and his power of approval ceases on the adjournment of the Legislature. (Id.)
In nearly all the printed copies of the Constitution there is a mistake in the omission of the final letter "s" in the word "Sundays." The erroneous decision in Hepburn vs. Whitman, 6 Cal. 659, was based upon this mistake. (See Price vs. Whitman, 8 Cal. 412.) The ten days must be computed by excluding the day on which the bill is presented to the Governor. (Price vs. Whitman, 8 Cal. 412.)
Where the Governor sent a bill with his objections to the House in which it originated on the last of the ten days, and, on account of an adjournment of the House for the day, the bill was re-delivered to the Governor and retained by him: Held, that it was not returned within ten days within the meaning of the Constitution. (Harpending vs. Haight, 39 Cal. 189.)
In computing the ten days within which a bill may be returned by the Governor, the day on which it is presented to the Governor must be excluded. (Iron Mountain Co. vs. Haight, 39 Cal. 540.)
SEC. 18. The Assembly shall have the sole power of impeachment; and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
Officers liable to impeachment-Judgment.
SEC. 19. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, Justices of the Supreme Court, and Judges of the District Courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit, under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried, for misdemeanors in office, in such a manner as the Legislature may provide.
Disabilities of legislators.
SEC. 20. No Senator or member of Assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people.
Ineligibility to office-Proviso.
SEC. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that officers in the militia, to which there is attached no annual salary, or local officers and Postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative."
a. The Federal office of Surveyor-General is a lucrative office, and the office of Controller of State an office of profit. (Melony vs. Whitman, 10 Cal. 38.)
To constitute a "holding" there must be a concurrence of two wills, that of the appointing power and that of the person appointed. (Id.)
The word "eligible" means capable of being chosen. A person holding a lucrative Federal office cannot receive votes cast so as to give him a right to take the State office upon or after resigning the Federal office. (Searcy vs. Grow, 15 Cal. 117.)
The term "compensation" means the income of the office, not the profit over and above the necessary expenses. (Id.)
A person who held and discharged the duties of Inspector of Customs of the United States under appointment of the Collector at San Francisco, but whose appointment was never approved by the Secretary of the Treasury, held not to be ineligible to the office of District. Judge. (People vs. Turner, 20 Cal. 142.)
Embezzlement-Defalcation of public funds.
SEC. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this State shall ever be eligible to any office of honor, trust, or profit under this State; and the Legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony.
Public moneys and accounts.
SEC. 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to and published with the laws at every regular session of the Legislature.
SEC. 24. The members of the Legislature shall receive for their services a compensation to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected.
Title of laws-Revision and amendment of laws.
SEC. 25. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title,' and no law shall be revised or amended by reference to this title; but in such case the Act revised or section amended shall be reënacted and published at length.
a. The power of controlling and disposing of the revenue of the State is vested in the Legislature. It is within the power of the judiciary to declare the action of the Legislature unconstitutional, where that action exceeds the limits of the supreme law; but the Courts have no means and no power to avoid the effects of non-action. (Myers vs. English, 9 Cal. 341.)
This clause means only that no moneys shall be drawn except in pursuance of law. (McCauley vs. Brooks, 16 Cal. 11.)
b. A law is constitutional where the subjects embraced in the same statute and not expressed in the title have congruity or proper connection. (De Witt vs. San Francisco, 2 Cal. 289.)
This provision is merely directory. (Washington vs. Page, 4 Cal. 388; Pierpont vs. Cronch, 10 Cal. 315.)
A law "to regulate fees," which provides for the amount of fees, and, at the same time, that a part of such fees shall be paid into the treasury, is not objectionable as embracing more than one object, and that not expressed in the title. (Ream vs. Siskiyou County, 36 Cal. 620.)
c. The amendment of a statute operates as an absolute repeal of the old statute or section amended, even if the amendment takes nothing away from the old law, but merely adds a proviso in certain cases. (Billings vs. Harvey, 6 Cal. 381.)
Where a law enters into and becomes a part of a contract, it cannot be so altered or amended as to impair or destroy the rights of the parties. (Smith vs. Curtis, 7 Cal. 584.)
A statute may be repealed by implication; and where a subsequent Act is repugnant to a prior one, the last operates, without a repealing clause, as a repeal of the first; and where two Acts passed at different times are not in terms repugnant, yet if it is clearly evident that the last was intended as a revision or substitute of the first, it will repeal the first to the extent in which its provisions are revised or substituted. (Pierpont vs. Cronch, 10 Cal. 315.)
SEC. 26. No divorce shall be granted by the Legislature.
SEC. 27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
SEC. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and fifty-two and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.
Apportionment of legislators.
SEC. 29. The number of Senators and members of Assembly shall, at the first session of the Legislature holden after the enumeration herein provided for and made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand; and after that period, at such ratio that the whole number of members of Assembly shall never be less than thirty nor more than eighty.
Congressional, Senatorial, and Assembly Districts.
SEC. 30. When a Congressional, Senatorial, or Assembly District shall be composed of two or more counties, it shall not be separated by any county belonging to another district. No county shall be divided in forming a Congressional, Senatorial, or Assembly District, so as to attach one portion of a county to another county; but the Legislature may divide each county into as many Congressional, Senatorial, or Assembly Districts as such county may by apportionment be entitled to. (Amendment, proposed 1861; ratified 3d September, 1862.)
SEC. 31. CORPORATIONS MAY BE FORMED UNDER GENERAL LAWS, BUT SHALL NOT BE CREATED BY SPECIAL ACT, EXCEPT FOR MUNICI