penses incurred while engaged in the performance of official duties, to be audited as the legislature may direct.

The act of April 15, 1880, (Stats. p. 243) to define, regulate and govern the state prison, and the amendment thereto of March 14, 1881, (Stats. p. 81) in so far as they attempt to grant compensation to the members of the board of directors other than reasonable traveling and other expenses, are unconstitutional. People v. Chapman, 61 Cal, 262,

SECTION 5. The legislature shall pass such laws as may be necessary to further define and regulate the powers and duties of the board, wardens and clerks, and to carry into effect the provisions of this article.

SECTION 6. After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, copartnership, company or corporation, and the legislature shall, by law, provide for the working of convicts for the benefit of the state.

ARTICLE XI.

CITIES, COUNTIES AND TOWNS.

SECTION 1. The several counties as they now exist, are hereby recognized as legal subdivisions of this state.

Sections 1 to 13, are referred to as sustaining the proposition that under the municipal corporation act the recorder of a city may have a dual jurisdiction and functions, as justice of the peace and recorder. Prince v. City of Fresno, 88 Cal. 407, 412.

SECTION 2. No county seat shall be removed unless twothirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not be submitted in the same county more than once in four years.

SECTION 3. No new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to

118 308

118 404

be divided, Every county which shall be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken.

On division of county and creating new county, the latter is not chargeable with money expended in its territory by the original county between the date of the act and the organization of the new county. Los Angeles County v. Orange County, 97 Cal. 329.

SECTION 4. The legislature shall establish a system of county governments which shall be uniform throughout the state, and by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county, voting at a general election, shall so determine; and, whenever a county shall adopt township organization, the assessment and collection of the revenue shall be made, and the business of such county and the local affairs of the several townships therein, shall be managed and transacted in the mauner prescribed by such general laws.

Const. 1849, Art. XI, Sec. 4.

The system adopted by the county government act of 1883, as amended in 1889, (Stats. 1889 p. 232, and 1891, p. 331) construed, and Held, the classification of counties for purpose of fixing salaries of officers is not in contravention of this section. The section means that the "system" shall be uniform, so that its several parts shall be applicable to each countyuniformly applicable to all the counties in the state. The legislature is forbidden to pass any local or special law regulating county or township business, (Art. IV, Sec. 25, Par. 9) or prescribing the powers and duties of officers in counties. (Art. IV, Sec. 25, Par. 28.) Welch v. Bramlett, 98 Cal. 219.

An act of the legislature amending the county government act (Stats. 1887 p. 207) authorizing supervisors in counties in certain classes to appoint deputies of county clerk and pay them from the county treasury, delegated to the supervisors powers_which could only be exercised by the legislature. Dough

erty v. Austin, 94 Cal. 601, 626. McFarland and Paterson, JJ., dissenting.

The objection was made to the act of April 27, 1880, (Stats. p. 527) known as the county government act, that it was not a general law nor uniform throughout the state. Several other objections were also urged, but the court decided it unconstitutional, without expressly distinguishing the objections. Leonard v. January, 56 Cal 1.

There is a distinction between the system of county government embracing school, road and supervisorial districts, and the township organization. Under this latter the county may become organized whenever a majority of qualified electors determine at a general election. A general law is also required for the government of such township organizations. (Ex parte Wall, 48 Cal. 318.) Lorgan v. County of Solaño, 65 Cal. 122.

A reclamation district is a public corporation for municipal purposes, and special acts prior to this constitution, creating such districts are valid. Swamp L. Dist. No. 150 v. Silver, 98 Cal. 51.

For comments upon corporations for public purposes, other than strictly municipal or county, see In re Madera Ir. Dist., 92 Cal. 297, 319.

The duty of the legislature is simply to establish a system of county governments which shall be uniform throughort the state, and the provision of subdivision 15, of section 189, of the act as amended in 1889, (Stats. p. 283) directing that in counties of a certain class, license taxes shall be paid into the city treasury of the incorporated city or town where the same are collected, is not germane to the subject of the act, and is special and local legislation. License taxes are for the use of the county, and should be deposited with the county treasurer. (See 3363 Political Code, Const. Art. XI, Sec. 16.) County of San Luis Obispo v. Graves, 84 Cal. 71.

SECTION 5. The legislature, by general and uniform laws, 118 308 shall provide for the election or appointment, in the several 118 404 counties, of boards of supervisors, sheriffs, county clerks, 120 391

district attorneys, and such other county, township and municipal officers as public convenience may require and shall prescribe their duties, and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to duties, and for this purpose may classify the counties by population; and it shall provide for the strict accountibility of county and township officers for all fees which may be collected by them, and for all public and municipal moneys which may be paid to them, or officially come into their possession.

Const. 1849, Art. XI, Sec. 5.

The county government act, (Stats. 1891, pp. 304, 307) does not authorize supervisors to employ counsel to assist district attorney in prosecuting criminal cases, nor is such authority within the inherent powers of supervisors. The district attorney, in the prosecution of criminal cases, acts by the authority and in the name of the people of the state, though in other matters he may be largely subordinate to and under the control of the supervisors. County of Modoc v. Spencer & Raker, opinion filed Aug, 6, 1894.

Supervisors cannot create offices. The legislature cannot divest itself of this power and confer it upon supervisors. In this respect this section is mandatory. Eldorado Co. v. Meiss, 100 Cal. 268. That it is mandatory. Welch v. Bramlett, 98 Cal. 219.

The legislature had power to pass the act of March 31, 1891, (Stats. p. 430) to establish law libraries. And the supervisors having elected to come in under that act, cannot afterwards evade it by repealing the enacting clause of their ordinance. (Citing, as to power of the legislature, People v. McFadden, 81 Cal. 489.) Board of Trustees v. Supervisors, 99 Cal. 571. It was unnecessary to pass upon the constitutionality of that part of the act of March 11, 1891, ((Stats. p. 101) whereby the commissioners declared Glenn county to belong to 41st class. The county contained a population between 6500 and 6600, and was a county of the 41st class under general law existing when it was created, notwithstanding the act creating it provided that until otherwise provided by law, it should

belong to the 37th class. Saunders v. Sehorn, 98 Cal. 227.

The constitution requires the legislature and not the supervisors to regulate the compensation of officers in proportion to duties, and this power cannot be delegated. (Dougherty v. Austin, 94 Cal. 601.) Welsh v. Bramlett, 98 Cal. 219. And see also Saunders v. Sehorn, supra.

What compensation is commensurate with duties of an office is a question of fact to be determined by the legislature. Green v. Fresno Co., 95 Cal. 329.

Subdivision 14 of section 183 of the county government act (Stats. 1891 p. 377) authorizing the supervisors to fix the salaries of constables, to be paid monthly, etc., is unconstitutional. The compensation of such officers must be regulated by the legislature in proportion to duties, and this power cannot be delegated to the supervisors. People v. Johnson, 95 Cal. 471.

In Dougherty v. Austin, 94 Cal. 601, it was held that the amendment, (Stats. 1887 p. 207) authorizing supervisors to appoint deputies when they deemed it necessary or expedient and to pay such deputies out of the county funds, enabled the supervisors to regulate the compensation of the officer and was void, although the act was passed before, and acted upon by supervisors after election of the officer. Such power cannot be delegated by legislature, and this section is mandatory.

Section cited on construction of statute in Donlon v. Jewett, 88 Cal. 531.

That the legislature shall classify by population. People v. McFadden, 81 Cal. 489, 500.

The requirement of subdivision 15 of section 189 of county government act as amended in 1889, (Stats. p. 283) that moneys collected as license taxes upon business conducted in any incorporated city or town shall be paid into the city treasury, etc., is contrary to the general laws of the state, (Pol. Code, pt. 3, tit. 7, c. 15) and is not germane to any part of said county government act, which purports to provide for the organization, classification and powers of counties,