when, in cases of rebellion or invasion, the public safety may require its suspension.(*)

90. SEO. 6. Excessive bail shall not be required, nor excessive fines imposed, nor Excessive bail, fines, &c. shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

91. SEC. 7. All persons shall be bailable by sufficient sureties; unless for capital Bail. offenses, when the proof is evident or the presumption great.(')

92. SEC. 8. No person shall be held to answer for a capital or otherwise infamous Personal rights. crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of congress in time of peace, and in cases of petit larceny under the regulation of the legislature), unless on presentment or indictment of a grand jury;() and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions.() No person shall be subject to be twice put in jeopardy for the same offense;() nor shall he be compelled, in any criminal case, to be a witness against himself, () nor be deprived of life, liberty, or property, without due process of law;() nor shall private property be taken for pub- property. lic use without just compensation.(^)

Private

Law

93. SEC. 9. Every citizen may freely speak, write, and publish his sentiments on all Liberty of speech, &c. subjects, being responsible for the abuse of that right; and no law shall be passed to Liberty of the restrain or abridge the liberty of speech or of the press. In all criminal prosecutions Press of libel. or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published Jury judges of with good motives and for justifiable ends, the party shall be acquitted; and the jury law and fact. shall have the right to determine the law and the fact.

assemblies.

94. SEC. 10. The people shall have the right freely to assemble together, to consult Popular
for the common good, to instruct their representatives, and to petition the legislature
for redress of grievances.

(") The writ of habeas corpus should not issue to run out of the county, unless for good cause shown, as the absence, disability or refusal of the local judge to act. The mere caprice of the prisoner ought not to prevail against the interests of the people and public convenience, Ex parte Ellis, 11 Cal. 222. The issuance of the writ is not obligatory upon the supreme court in term time, but rests in the sound legal discretion of the court, though its allowance may be obligatory upon the judges in their individual capacities, Id.

(Admission to bail in capital cases, where the proof is evident or the presumption great, may be forbidden by legislation; but in all other cases admission to bail is a right which no judge or court can properly refuse, People vs. Tinder, 19 Cal. 389.

(*) The 273d section of the criminal practice act, directing that where a person is indicted under a wrong name and he gives his true name, it shall be entered on the minutes, and the prisoner tried under his true name, is not a violation of this clause. The meaning of this provision is that person shall be adicted, not the person by his true name, but the person himself, People vs. Kelly, 6 Cal. 210.

The grand jury should be constituted according to law; but the objection that it is not so constituted must be made at the particular time provided by statute. The legislature may constitutionally prescribe rules of practice, and among these is the provision as to the time and mode of excepting to irregularities of proceeding, People vs. Arnold, 15 Cal. 476.

(Courts have a large discretion over the conduct of proceedings before them, and may limit arguments of counsel to reasonable time; but in capital cases this should be done only in very extraordinary and peculiar instances The opportunity of a full defense is a constitutional right without which a prisoner cannot be lawfully convicted, People vs. Keenan, 13 Cal. 561. (On a second trial for murder upon the same or a different indictment, defendant can plead a conviction of manslaughter as an acquittal of the crime of murder. A conviction of manslaughter is an acquittal of every higher offense charged in the Indictment than the particular one of which the prisoner is found guilty, People vs. Gilmore, 4 Cal. 376.

This provision was never intended to apply to cases in which a judgment of conviction was reversed in the appellate court, and a new trial ordered. In such cases, it being apparent from the judgment of reversal that such trial was erroneous, the defendant in fact was not in jeopardy. The order for a new trial places the party in the same position as though no trial had been had, People vs. March, 6 Cal. 543.

Where upon a trial it turned out that there was a misnomer of the party injured, and thereupon the indictment was discharged and the new indictment found; Held that the accused was not placed twice in jeopardy. It would be a contradiction in terms to say that a person was put in jeopardy by an indictment under which he could not be convicted; and it is obviously Immaterial whether the inability to convict arise from a variance between the proof and indictment or from some defect in the indictment, People vs. McNealy, 17 Cal. 332.

(A witness is not privileged from answering on the ground that his answer would disgrace him, but solely on the ground that he is not compelled to criminate himself, Ex parte Rowe, 7 Cal. 184.

() The provisions of the 81st section of the practice act anthorizing judgment against an absent defendant, for whom the court has appointed an attorney with privilege of coming and opening it in six months, is not in violation of this clause, Ware vs. Robinson, 9 Cal. 107.

The right to practice law is not "property" within the constitutional meaning of the term. The act of 25th April, 1863, requiring attorneys and litigants to file affidavits of allegiance to the government, does not contravene this provision, Cohen vs. Wright, 22 Cal. 293.

This provision is not applicable to proceedings by the State to obtain from citizens their proper contributions to the expenses of administering the government, High vs. Shoemaker, 22 Cal. 363.

(*) The destruction of a building to stop the spread of a conflagration cannot be deemed a taking of private property for public use within the meaning of this clause, Dunbar vs. San Francisco, 1 Cal. 355.

A lot of land in the harbor of San Francisco, lying within the line of a street laid down and recognized by the city on its official map, and being in the actual possession of a person claiming to be the owner, cannot be taken and appropriated to public use by the city without payment of just compensation, there being no title to the land in the city, Gunter vs. Geary, 1 Cal. 462; Surocco vs. Geary, 3 Cal. 69.

Where private property is appropriated to public use by supervisors, without making provision for paying for the same, such act is illegal and may be enjoined, McCann vs. Sierra County, 7 Cal. 121.

Parties in possession of land claiming title thereto are presumed to be the owners, and are entitled to compensation before it can be taken for public uses, Sacramento Valley Railroad Company vs. Moffatt, 7 Cal. 577.

A municipal corporation cannot take private property for public use without making compensation in advance or providing a fund out of which compensation shall be made as soon as the amount to be paid can be determined, Colton vs. Rossi, 9 Cal. 595.

The means of compensating the owner must be provided before the property is taken, McCauley vs. Weller, 12 Cal. 500; Bensley vs. Mountain Lake Water Company, 13 Cal. 306.

Where compensation for land taken by a county for public use does not precede or accompany the taking, the entire action of the county authorities is void; and in such case a suit against the county for the compensation does not lie, Johnson vs. Alameda County, 14 Cal. 106.

If the use for which the property is taken be to satisfy a great public want or public exigency, it is a public use within the meaning of the constitution, and the State is not limited to any given mode of applying the property to satisfy the want or meet the exigency, Gilmer vs. Lime Point, 18 Cal. 229.

Uniformity of general laws. Military power.

Quartering for soldiers.

Representation. Imprisonment for debt.

Laws prohibited.

Foreigners.

Slavery prohibited.

Search warrants.

Treason.

Popular rights.

Electors.

Proviso.

95. SEC. 11. All laws of a general nature shall have a uniform operation.(") 96. SEC. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.

97. SEO. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law. 98. SEC. 14. Representation shall be apportioned according to population.

99. SEC. 15. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of frand ;(') and no person shall be imprisoned for a militia fine in time of peace.

100. SEC. 16. No bill of attainder, ex post facto law, or law impairing the obliga tion of contracts, shall ever be passed.(")

101. SEC. 17. Foreigners who are, or who may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.(4)

102. SEC. 18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.

103. SEC. 19. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particu larly describing the place to be searched, and the persons and things to be seized.

104. SEC. 20. Treason against the State shall consist only in levying war against it adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confes sion in open court.

105. SEO. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.

ARTICLE II.

RIGHT OF SUFFRAGE.

106. SECTION 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 claim: his vote thirty days, shall be entitled to vote at all elections which are now or hereafte 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 righ of suffrage, Indians, or the descendants of Indians, in such special cases as such a pro portion of the legislative body may deem just and proper.

(") The revenue act of May 18th, 1853, does not violate this section. By "uniform operation" it was intended that laws of this character should, as near as possible, affect persons and property alike. A perfectly equal tax law is impossible from the very nature of the subject, People vs. Coleman, 4 Cal. 46.

An act regulating fees in office is not an act of a general nature; hence a fee bill for a separate county is not in violation of this section, Ryan vs. Johnson, 5 Cal. 86.

An act to remedy the failure of a tax collector to publish names of owners and lists of property is not general but special in its nature, Moore vs. Patch, 12 Cal. 265.

The word "uniform" does not mean "universal." The constitution is violated only when a privilege extended to one is denied to another on substantially the same facts, Smith vs. Judge of Twelfth District, 17 Cal. 547.

This provision is not violated by the "Sunday Law" of 1861, Ex parte Andrews, 18 Cal. 678.

The act of May 3d, 1852, providing for the appointment of a gauger at the port of San Francisco, is constitutional. It is not a general, but a special law, Addison vs. Saulnier, 19 Cal. 82. () In a suit to recover money received by a person as agent, he cannot be arrested without showing some fraudulent conduct on his part, Ex parte Holdforth, 1 Cal. 438.

A party cannot be imprisoned under a judgment in a civil action for assault and battery, Ex parte Prader, 6 Cal. 289.

() The act of 15th April, 1851, re-incorporating the City of San Francisco, did not extinguish the debts of the city incurred under the former charter, nor did its property escheat to the State. An act passed with such intention would be unconstitutional, Smith vs. Morse, 2 Cal. 524.

The suspension by statute of remedies or any part thereof existing when the contract was made is more or less impairing the obligation of the contract, Thorne vs. Hays, 4 Cal. 127.

The 41st section of the act concerning conveyances, requiring conveyances made before the passage of the act to be recorded, does not impair the obligation of contract, Stafford vs. Lick, Cal. 479.

The provisions of the "Consolidation Act" of San Francisco

requiring the sinking fund created by act of 1851 to be first ex hausted by redemption of certificates of stock, before the trea surer should make payment annually of $50,000, set apart by se of 1851 for payment of interest, &c., are unconstitutional as vio lating the contract, Tallant vs. Woods, 7 Cal. 579.

This provision in regard to contracts relates to contracts be tween individuals, and not to contracts between individuals and the State, Myers vs. English, 9 Cal. 841.

The right to practice law is not a "contract," and therefore the "Test Act" does not violate the obligation of a contract, Coher vs. Wright, 22 Cal. 298.

(4) A British seaman on board a British vessel of which i British subject is master may, when discharged in a port of thi State without any fault on his part, sue for and recover his wage in a State court, Pugh vs. Gillana, 1 Cal. 485.

An alien may purchase and hold land and make leases and sustain actions till "office found," and proof of his alienage can not be made available in a collateral proceeding, Ramires vs Kent, 2 Cal. 558.

An alien may hold real estate against every one and ever against the government until "office found," Attorney Genera vs. Folsom, 5 Cal. 373.

Held that a non-resident alien cannot inherit land in this State, Siemssen vs. Bofer, 6 Cal. 250; Norris vs. Hoyt, 18 Cal. 217. This section leaves the right of non-resident foreigners in respect to real property as it exists at common law, Farrell vs. Enright, 12 Cal. 450.

The act of April 19th, 1856, permitting non-resident aliens to inherit, is constitutional, and the right of bona fide resident aliens may be enlarged but cannot be abridged by the legisla ture, 13 Cal. 159.

By virtue of its police power the State possesses jurisdiction to arrest and restrain fugitive slaves and to remove them from its borders, but not so as to obstruct the owner in reclaiming his slave, Ex parte Perkins, 2 Cal. 424.

The doctrine of "comity" as to the right of transit through and delay with slaves in the State discussed, Ex parte Archy, 9 Cal. 147.

electors.

107. SEC. 2. Electors shall, in all cases except treason, felony, or breach of the Privileges of peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.

108. SEC. 3. No elector shall be obliged to perform militia duty on the day of elec- Militia duty, tion, except in time of war or public danger.

109. SEO. 4. For the purpose of voting, no person shall be deemed to have Residence. 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.

110. SEC. 5. No idiot or insane person, or person convicted of any infamous crime, Idiot, insane and shall be entitled to the privileges of an elector.

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

ARTICLE III.

DISTRIBUTION OF POWERS.

infamous

persons.

Ballot.

112. The powers of the government of the State of California shall be divided into Separate departments. three separate departments: the legislative, 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.(3)

ARTICLE IV.

LEGISLATIVE DEPARTMENT.(©)

113. SECTION 1. The legislative power of this State shall be vested in a senate and Senate and assembly, which shall be designated the legislature of the State of California; and the assembly. enacting clause of every law shall be as follows: "The people of the State of Cali- Enacting clause fornia, represented in senate and assembly, do enact as follows:"

114. SEC. 2. The sessions of the legislature shall be biennial, and shall commence on the first Monday of December next ensuing the election of its members, unless the governor of the State shall in the interim convene the legislature by proclamation. No session shall con-' tinue longer than one hundred and twenty days. [Amendment, proposed 1861; ratified 3dSeptember, 1862.(*)

of laws.

Sessions of legislature.

115. SEC. 3. The members of the assembly shall be chosen biennially, by the quali- Election and fied electors of their respective districts, on the first Wednesday in September, unless terms of assemblymen. otherwise ordered by the legislature, and their term of office shall be two years. [Amendment, proposed 1861; ratified 3d September, 1862.()

116. SEC. 4. Senators and members of assembly shall be duly qualified electors in Qualifications of the respective counties and districts which they represent. legislators. 117. SEC. 5. Senators shall be chosen for the term of four years, at the same time Election and 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, and of the county,

() The mere fact that a man is a soldier in the United States army does not disqualify him from voting in this State; nor does a mere residence or sojourn in the country as a soldier make a man a citizen or prove him such. The fact of such sojourn or residence neither creates nor destroys citizenship, Orman vs. Eiley, 15 Cal. 48.

() The legislature has no power to confer other than judicial functions upon the court of sessions, Burgoyne vs. San Francisco, 5 Cal. 9; Phelan vs. San Francisco, 6 Cal. 531. The legislature cannot confer upon a county judge power of designating place and manner of holding an election, as it is a ministerial and not ajudicial act, and an election thus held will be void, Dickey vs. Hurlbut, 5 Cal. 343.

Where any of the duties or powers of one of the departments are not disposed of or distributed to particular officers of that department, such powers or duties are left to the disposal of the legislature, Ross vs. Whitman, 6 Cal. 361.

From the necessity of the case, supervisors exercise judicial, legislative and executive powers in matters relating to the police and fiscal regulations of counties, People vs. El Dorado County, 8 Cal. 58.

The assessment of taxes is not a judicial act, and cannot be exercised by the court of sessions, 10 Cal. 402.

The constitution does not place either department above the law, nor make either independent of the other. The legislature can pass such laws as it may deem expedient, subject only to the prohibitions of the constitution. If it oversteps those limits, and attempts to impair the obligation of contracts, or to pass ex post facto laws, or grant special acts of incorporation for other than municipal purposes, the judiciary will set aside its legislation

terms of
senators.

and protect the rights it has assailed, McCauley vs. Brooks, 16 Cal. 11.

Nothing in the constitution prohibits the legislature from declaring the mayor of a city to be ex officio a justice of the peace, Uridias vs. Morrill, 22 Cal. 473.

(e) The constitution is not to be regarded as a grant of power but rather as a restriction upon the powers of the legislature; and it is competent for the legislature to exercise all powers not forbidden by the constitution, or delegated to the general government, or prohibited by the United States constitution, People vs. Coleman, 4 Cal. 46; People vs. Bigler, 5 Cal. 23.

The motives of the legislature in passing a law will not be inquired into, People vs. Bigler, 5 Cal. 23. An act may be void in part for its unconstitutionality, and good so far as it is constitutional, People vs. Burbank, 12 Cal. 378.

The legislature cannot require the supreme court to give the reasons of its decisions in writing. The constitutional duty of the court is discharged by the renditions of its decisions, Houston vs. Williams, 13 Cal. 24.

(4) The original section was 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. () Original section:

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.

Number and classes of senators.

Increase in number.

Organization of legislative houses. Quorum.

Rules.
Expulsions.

Journals.

Privileges of legislators.

Vacancies.

Open doors.

Adjournments.

Origination of bills.

Governor's approval.

Passage of bills notwithstanding governor's objections.

Impeachments.

Officers liable to impeachment.

Judgment.

or district, for which he shall be chosen, one year next before his election.
ment, proposed 1861; ratified 3d September, 1862.(a)

[Amend118. 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 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.(')

119. SEO. 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.

120. SEC. 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.

121. SEO. 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. 122. SEO. 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. 123. SEO. 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.

124. 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.

125. 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.

126. SEO. 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.

127. 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. 128. 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.

129. 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 twothirds 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.()

130. 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.

131. 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, accord

(c) 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 s 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.

ing to law. All other civil officers shall be tried, for misdemeanors in office, in such a manner as the legislature may provide.

132. SEC. 20. No senator, or member of assembly, shall, during the term for which Disabilities of he shall have been elected, be appointed to any civil office of profit, under this State, legislators. 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.

office.

133. SEC. 21. No person holding any lucrative office under the United States, or Ineligibility to 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 Proviso. officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.(")

defalcation of

134. SEO. 22. No person who shall be convicted of the embezzlement, or defalca- Embezzlement, tion, of the public funds of this State, shall ever be eligible to any office of honor, trust, public funds. 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.

135. SEC. 23. No money shall be drawn from the treasury but in consequence of Public moneys appropriations made by law.() An accurate statement of the receipts and expendi- and accounts. tures of the public moneys shall be attached to and published with the laws at every regular session of the legislature.

136. SEO. 24. The members of the legislature shall receive for their services a com- Compensation. pensation 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.

137. SEC. 25. Every law enacted by the legislature shall embrace but one object, Title of laws. and that shall be expressed in the title; (e) and no law shall be revised, or amended, Revision and by reference to title; but in such case, the act revised, or section amended, shall of laws. be re-enacted and published at length.(")

138. SEO. 26. No divorce shall be granted by the legislature.

amendment

Divorces.

139. SEC. 27. No lottery shall be authorized by this State, nor shall the sale of lot- Lotteries. tery tickets be allowed.

140. SEC. 28. The enumeration of the inhabitants of this State shall be taken, under Census. 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.

141. SEC. 29. The number of senators and members of assembly shall, at the first Apportionment of legislators. 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.

142. SEC. 30. When a congressional, senatorial, or assembly district, shall be com- Congressional, posed of two or more counties, it shall not be separated by any county belonging to senatorial and assembly another district. No county shall be divided in forming a congressional, senatorial, districts.

(*) 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 60 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 appointinent 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. () 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 money shall be drawn except in pursuance of law, McCauley vs. Brooks, 16 Cal. 11.

() 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.

(4) 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.