SEC. 1. Every white male citizen of the United States, and every white

male citizen of Mexico, who shall have elected to become a citizen of

the United States, under the treaty of peace exchanged and ratified at

Queretaro, on the 30th day of May, 1848, of the age of twenty-one years,

who shall have been a resident of the State six months next preceding

the election, and the county or district in which he claims his vote

thirty days, shall be entitled to vote at all elections which are now or

hereafter may be authorized by law: Provided, that nothing herein

contained shall be construed to prevent the Legislature, by a two-thirds

concurrent vote, from admitting to the right of suffrage, Indians or the

descendants of Indians, in such special cases as such a proportion of

the legislative body may deem just and proper.

SEC. 2. Electors shall, on all cases except treason, felony, or breach

of the peace, be privileged from arrest on the days of the election,

during their attendance at such election, going to and returning

therefrom.

SEC. 3. No elector shall be obliged to perform militia duty on the day

of election, except in time of war or public danger.

SEC. 4. For the purpose of voting, no person shall be deemed to have

gained or lost a residence by reason of his presence or absence while

employed in the service of the United States; nor while engaged in the

navigation of the waters of this State, or of the United States, or of

the high seas; nor while a student of any seminary of learning; nor

while kept at any almshouse, or other asylum, at public expense; nor

while confined in any public prison.

SEC. 5. No idiot or insane person, or person convicted of any infamous

crime, shall be entitled to the privileges of an elector.

SEC. 6. All elections by the people shall be by ballot.

ARTICLE III.

DISTRIBUTION OF POWERS.

The powers of the government of the State of California shall be divided

into three separate departments: the Legislature, the Executive, and

Judicial; and no person charged with the exercise of powers properly

belonging to one of these departments, shall exercise any functions

appertaining to either of the others; except in the cases hereinafter

expressly directed or permitted.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SEC. 1. The legislative power of this State shall be vested in a Senate

and Assembly, which shall be designated the Legislature of the State of

California, and the enacting clause of every law shall be as follows:

“The people of the State of California, represented in Senate and

Assembly, do enact as follows.”

SEC. 2. The sessions of the Legislature shall be annual, and shall

commence on the first Monday of January, next ensuing the election of

its members; unless the Governor of the State shall, in the interim,

convene the Legislature by proclamation.

SEC. 3. The members of the Assembly shall be chosen annually, by the

qualified electors of their respective districts, on the Tuesday next

after the first Monday in November, unless otherwise ordered by the

Legislature, and their term of office shall be one year.

SEC. 4. Senators and members of Assembly shall be duly qualified

electors in the respective counties and districts which they represent.

SEC. 5. Senators shall be chosen for the term of two years, at the same

time and places as members of Assembly; and no person shall be a member

of the Senate or Assembly, who has not been a citizen and inhabitant of

the State one year, and of the county or district for which he shall be

chosen, six months next before his election.

SEC. 6. The number of Senators shall not be less than one-third, nor

more than one-half of that of the members of Assembly; and at the first

session of the Legislature after this Constitution 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 first year, so that one-half shall be chosen annually.

SEC. 7. When the number of Senators is increased, they shall be

apportioned by lot, so as to keep the two classes as nearly equal in

number as possible.

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.

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

election 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.

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.

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,

(Sunday excepted,) the same shall be a law, in like manner as if he had

signed it, unless the Legislature, by adjournment, prevent such return.

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.

SEC. 19. The Governor, Lieutenant Governor, Secretary of State,

Comptroller, 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 manner as the Legislature

may provide.

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.

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.

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 the State; and the

Legislature shall, as soon as practicable, pass a law providing for the

punishment of such embezzlement, or defalcation, as a felony.

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.

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 its title; but in such case, the

act revised, or section amended, shall be re-enacted and published at

length.

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.

SEC. 29. The number of Senators and members of Assembly, shall, at the

first session of the Legislature, holden after the enumerations herein

provided for are 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.

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; and no county shall be divided, in

forming a congressional, senatorial, or assembly district.

SEC. 31. Corporations may be formed under general laws, but shall not be

created by special act, except for municipal purposes. All general laws

and special acts passed pursuant to this section may be altered from

time to time, or repealed.

SEC. 32. Dues from corporations shall be secured by such individual

liability of the corporators, and other means, as may be prescribed by

law.

SEC. 33. The term corporations, as used in this article, shall be

construed to include all associations and joint-stock companies, having

any of the powers or privileges of corporations not possessed by

individuals or partnerships. And all corporations shall have the right

to sue, and shall be subject to be sued, in all courts, in like cases as

natural persons.

SEC. 34. The Legislature shall have no power to pass any act granting

any charter for banking purposes; but associations may be formed under

general laws, for the deposit of gold and silver; but no such

association shall make, issue, or put in circulation, any bill, check,

tickets, certificate, promissory note, or other paper, or the paper of

any bank, to circulate as money.

SEC. 35. The Legislature of this State shall prohibit, by law, any

person or persons, association, company, or corporation, from exercising

the privileges of banking, or creating paper to circulate as money.

SEC. 36. Each stockholder of a corporation, or joint-stock association,

shall be individually and personally liable for his proportion of all

its debts and liabilities.

SEC. 37. It shall be the duty of the Legislature to provide for the

organization of cities and incorporated villages, and to restrict their

power of taxation, assessment, borrowing money, contracting debts, and

loaning their credit, so as to prevent abuses in assessments, and in

contracting debts by such municipal corporations.

SEC. 38. In all elections by the Legislature, the members thereof shall

vote _viva voce_, and the votes shall be entered on the journal.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SEC. 1. The supreme executive power of this State shall be vested in a

chief magistrate, who shall be styled the Governor of the State of

California.

SEC. 2. The Governor shall be elected by the qualified electors, at the

time and places of voting for members of Assembly, and shall hold his

office two years from the time of his installation, and until his

successor shall be qualified.

SEC. 3. No person shall be eligible to the office of Governor, (except

at the first election,) who has not been a citizen of the United States

and a resident of this State two years next preceding the election, and

attained the age of twenty-five years at the time of said election.

SEC. 4. The returns of every election for Governor shall be sealed up

and transmitted to the seat of government, directed to the Speaker of

the Assembly, who shall, during the first week of the session, open and

publish them in presence of both houses of the legislature. The person

having the highest number of votes shall be Governor; but in case any

two or more have an equal and the highest number of votes, the

Legislature shall, by joint-vote of both houses, choose one of said

persons, so having an equal and the highest number of votes, for

Governor.

SEC. 5. The Governor shall be commander-in-chief of the militia, the

army, and navy, of this State.

SEC. 6. He shall transact all executive business with the officers of

government, civil and military, and may require information in writing

from the officers of the executive department, upon any subject relating

to the duties of the respective offices.

SEC. 7. He shall see that the laws are faithfully executed.

SEC. 8. When any office shall, from any cause become vacant, and no mode

is provided by the constitution and laws for filling such vacancy, the

Governor shall have power to fill such vacancy by granting a commission,

which shall expire at the end of the next session of the Legislature, or

at the next election by the people.

SEC. 9. He may, on extraordinary occasions, convene the Legislature by

proclamation, and shall state to both houses, when assembled, the

purpose for which they shall have been convened.

SEC. 10. He shall communicate by message to the Legislature, at every

session, the condition of the State, and recommend such matters as he

shall deem expedient.

SEC. 11. In case of a disagreement between the two houses, with respect

to the time of adjournment, the Governor shall have power to adjourn the

Legislature to such time as he may think proper; Provided it be not

beyond the time fixed for the meeting of the next Legislature.

SEC. 12. No person shall, while holding any office under the United

States, or this State, exercise the office of Governor, except as

hereinafter expressly provided.

SEC. 13. The Governor shall have the power to grant reprieves and

pardons, after conviction, for all offences 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 he shall have the 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. He 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 and its date, and the

date of the pardon or reprieve.

SEC. 14. There shall be a seal of this State, which shall be kept by the

Governor, and used by him officially, and it shall be called “The great

seal of the State of California.”

SEC. 15. All grants and commissions shall be in the name and by the

authority of the people of the State of California, sealed with the

great seal of the State, signed by the Governor, and countersigned by

the Secretary of State.

SEC. 16. A Lieutenant Governor shall be elected at the same time and

place, and in the same manner as the Governor; and his term of office,

and his qualifications of eligibility, shall also be the same. He shall

be President of the Senate, but shall only have a casting vote therein.

If, during a vacancy of the office of Governor, the Lieutenant Governor

shall be impeached, displaced, resign, die, or become incapable of

performing the duties of his office, or be absent from the State, the

President of the Senate shall act as Governor, until the vacancy be

filled, or the disability shall cease.

SEC. 17. In case of the impeachment of the Governor, or his removal from

office, death, inability to discharge the powers and duties of the said

office, resignation or absence from the State, the powers and duties of

the office shall devolve upon the Lieutenant Governor for the residue of

the term, or until the disability shall cease. But when the Governor

shall, with the consent of the Legislature, be out of the State in time

of war, at the head of any military force thereof, he shall continue

commander-in-chief of all the military force of the State.

SEC. 18. A Secretary of State, a Comptroller, a Treasurer, an Attorney

General and Surveyor General, shall be chosen in the manner provided in

this Constitution; and the term of office, and eligibility of each,

shall be the same as are prescribed for the Governor and Lieutenant

Governor.

SEC. 19. The Secretary of State shall be appointed by the Governor, by

and with the advice and consent of the Senate. He 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 shall be assigned him by law.

SEC. 20. The Comptroller, 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,

Comptroller, 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

neither of these officers shall receive for his own use any fees for the

performance of his official duties.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SEC. 1. The judicial power of this State shall be vested in a Supreme

Court, in District Courts, in County Courts, and in Justices of the

Peace. The Legislature may also establish such municipal and other

inferior courts as may be deemed necessary.

SEC. 2. The Supreme Court shall consist of a Chief Justice, and two

Associate Justices, any two of whom shall constitute a quorum.

SEC. 3. The Justices of the Supreme Court shall be elected at the

general election, by the qualified electors of the State, and shall hold

their office for the term of six years from the first day of January

next after their election; provided that the Legislature shall, at its

first meeting, elect a Chief Justice and two Associate Justices of the

Supreme Court, by joint vote of both houses, and so classify them that

one shall go out of office every two years. After the first election,

the senior Justice in commission shall be the Chief Justice.

SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases

when the matter in dispute exceeds two hundred dollars, when the

legality of any tax, toll, or impost or municipal fine is in question:

and in all criminal cases amounting to felony, or questions of law

alone. And the said court, and each of the Justices thereof, as well as

all district and county judges, shall have power to issue writs of

habeas corpus, at the instance of any person held in actual custody.

They shall also have power to issue all other writs and process

necessary to the exercise of the appellate jurisdiction, and shall be

conservators of the peace throughout the State.

SEC. 5. The State shall be divided by the first Legislature into a

convenient number of districts, subject to such alteration from time to

time as the public good may require; for each of which a district judge

shall be appointed by the joint vote of the legislature, at its first

meeting, who shall hold his office for two years from the first day of

January next after his election; after which, said judges shall be

elected by the qualified electors of their respective districts, at the

general election, and shall hold their office for the term of six years.

SEC. 6. The District Courts shall have original jurisdiction, in law and

equity, in all civil cases where the amount in dispute exceeds two

hundred dollars, exclusive of interest. In all criminal cases not

otherwise provided for, and in all issues of fact joined in the probate

courts, their jurisdiction shall be unlimited.

SEC. 7. The legislature shall provide for the election, by the people,

of a Clerk of the Supreme Court, and County Clerks, District Attorneys,

Sheriffs, Coroners, and other necessary officers; and shall fix by law

their duties and compensation. County Clerks shall be, _ex-officio_,

Clerks of the District Courts in and for their respective counties.

SEC. 8. There shall be elected in each of the organized counties of this

State, one County Judge who shall hold his office for four years. He

shall hold the County Court, and perform the duties of Surrogate, or

Probate Judge. The County Judge, with two Justices of the Peace, to be

designated according to law, shall hold courts of sessions, with such

criminal jurisdiction as the Legislature shall prescribe, and he shall

perform such other duties as shall be required by law.

SEC. 9. The County Courts shall have such jurisdiction, in cases arising

in Justices Courts, and in special cases, as the Legislature may

prescribe, but shall have no original civil jurisdiction, except in such

special cases.

SEC. 10. The times and places of holding the terms of the Supreme Court,

and the general and special terms of the District Courts within the

several districts, shall be provided for by law.

SEC. 11. No judicial officer, except a Justice of the Peace, shall

receive, to his own use, any fees, or perquisites of office.

SEC. 12. The Legislature shall provide for the speedy publication of all

statute laws, and of such judicial decisions as it may deem expedient;

and all laws and judicial decisions shall be free for publication by any

person.

SEC. 13. Tribunals for conciliation may be established, with such powers

and duties as may be prescribed by law; but such tribunals shall have no

power to render judgment to be obligatory on the parties, except they

voluntarily submit their matters in difference, and agree to abide the

judgment, or assent thereto in the presence of such tribunal, in such

cases as shall be prescribed by law.

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