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shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen after the adoption of this constitution. shall be elected at the time and in the manner now provided by law. Judicial officers and the superintendent of public instruction shall be elected at the time and in the manner that state officers are elected.
A police judge is a judicial officer, but he is also a municipal officer, and is not included in this section. People v. Henry, 62 Cal. 557.
Justices of the peace are judicial officers, and to be elected in 1879, and afterwards in even numbered years, as provided in section 20, article XX. People v. Ransom, 58 Cal. 560. See also McGrew v. Mayor, etc., 55 Cal. 611.
The municipal officers other than judicial, of the city and county of San Francisco were to be elected as provided in the consolidation act of 1866, as amended by act of March 30, 1872, (Stats. p. 729) and are not among the officers included in section 20, article XX, of this constitution. (Secs. 5, 7, 8, Art. XI,) Desmond v. Dunn, 55 Cal. 242.
A school director was not to be elected in said city in 1880. (Citing Barton v. Kalloch, 56 Cal. 95;) People v. Ransom, supra.
A county clerk of San Francisco, elected in September, 1879, was entitled to take his office in December of same year, under the consolidation act. Stuart, 53 Cal. 745.
See cases collected under section 9, article XI, and Gross v. Kenfield, 57 Cal. 626; Treadwell v. Yolo County, 62 Cal. 563.
SECTION 11. All laws relative to the present judicial system of the state shall be applicable to the judicial system created by this constitution until changed by legislation.
The fee bill of 1876, (Stats. p. 586) applicable to the county of San Diego, so far as it provided for fees to be paid to clerk of District Court, and deposit to be made with him at the commencement of each suit, was a law relating to the judicial system of the state, and was kept in force and made applicable, by
the constitution of 1879, to the courts organized thereunder. (Sec. 1, Art. XXII.) The act of March 16, 1889, (Stats. p. 232) amending the county government act of 1885, fixed the salary of county clerks and other officers, but as to counties of thirty-first class, made no provision as to the fees to be collected, and did not provide for a deposit to be made to cover fees. Under the former act (1876) the clerk: was authorized to require a deposit of not more than ten dollars from plaintiff and three dollars from defendant, and to return to the parties any excess of fees remaining at termination of the action. There was no law requiring him to turn such moneys into the county treasury. It is not due the county but is due the litigants, respectively. The People v. Hamilton. Opinion filed August 2, 1894.
The act of March 1, 1878, (Stats. p. 881) vesting in the District Court the power of appointing police commissioners in San Francisco, did not thereby vest a judicial power, and such power did not devolve upon the judges of the Superior Court, and the act was not continued in force by this constitution. Heinlen v. Sullivan, 64 Cal. 378.
The act of April 1, 1877, (Stats. p. 953) in relation to the house of correction in San Francisco, was not repealed by this constitution, and its provisions are applicable to the Superior Courts. Ex parte Flood, 64 Cal. 251.
Upon organization of Superior Court the judicial system prevailing under the former constitution became so far vested in the new court, that it had power to fix and order the compensation of its stenographer. Ex parte Reis, 64 Cal. 233.
And such new court has power to enquire into any election held by any corporate body pursuant to sections 312, 315, C. C. The corporate body is the corporation itself, not the board of directors. Wickersham v. Brittain, 93 Cal. 34, 40.
The clerk of the Superior Court had the same power to issue execution (without previous order of the court) as had the clerk of the former District Court. Dorn v. Howe, 59 Cal. 129.
The law existing as to change of venue (Sec. 170 C. C. P.) existing at the time the motion was made, should be pursued. Barnhart v. Fulkerth, 59 Cal. 130.
This section, so far as relates to the election and commencement of terms of office, went into effect July 4, 1879. Gross v. Kenfield, 57 Cal. 626; Barton v. Kalloch, 56 Cal. 99.
SECTION 12. This constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-niue, at twelve o'clock meridian, so far as the same relates to the election of all officers, the commencement of their terms of office, and the meeting of the legislature. In all other respects, and for all other purposes, this constitution shall take effect on the first day of January, eighteen hundred and eighty, at twelve o'clock meridian.
J, P. HOGE, Attest:
President, EDWIN F. SMITH,
STATE OF CALIFORNIA.
Adopted by the Convention, October tenth, eighteen hun
dred and forty-nine; ratified by the people November thirteenth, eighteen hundred and forty-nine; proclaimed December twentieth, eighteen hundred and forty-nine, and amended eighteen hundred and fiftyseven, eighteen hundred and sixty-two and eighteen hundred and seventy-one.
We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this constitution.
As to what importance should be attached to the debates in the constitutional convention, see People v. Coleman, 4 Cal. 46, as commented upon in People v. McCreery, 34 Cal. 452,
The constitution was formed for the purpose of establishing a state government, and does not ex. proprio vigore create local municipal governments-it assumes such governments are necessary, and provides that they shall be created by the legislature. (Sec. 4, Art. XI.) People v. Provines, 34 Cal. 532.
Recent judicial interpretation of provisions inserted in the constitution will be presumed to have been considered by the people in adopting such provision. So held as to jurisdiction of Supreme Court on appeal in contested election cases. It having been decided that the court had jurisdiction in cases where
there was no pecuniary compensation, in Conant v. Conant, (divorce) 10 Cal. 252, it is held that this exposition of the constitution must have been recognized when section 4, article VI, was amended in 1861-2, and that the words, “in all cases at law," are not limited and restrained by those immediately following. Knowles v. Yates, 31 Cal. 83.
Sovereignty is a term used to designate the supreme political authority of an independent nation or state. In this country, this authority is vested in the people, and is exercised through the joint action of their federal and state governments. To the federal government is delegated the exercise of certain rights or powers of sovereignty; and the exercise of all other rights of sovereignty, except as expressly prohibited, is reserved to the people of the respective states, or vested by them in their local governments. Moore v. Smaw, and Fremont v. Flower, 17 Cal. 199,
In the construction of constitutions, as of inferior laws, the deliberate and long-settled precedents of couris, and the practice and acquiescence of governments and people, should possess controlling weight. Ferris v. Cooner, 11 Cal. 176.
The constitution is itself a law, and must be construed by some one. The courts, from the nature of the powers vested in them, must be resorted to for such construction, unless the power is expressly given to some other branch of the government. When the right to determine the extent and effect of a restriction upon the legislature is expressly or by necessary implication confided to the legislature, then the judiciary has no right to interfere with the legislative construction, but the question whether that right is vested in the legislature or in the judiciary, must be decided by the latter. Nouges v. Douglass, 7 Cal. 65.
When the language of the constitution is unambiguous, no construction should be given to it in opposition to the express words of the instrument. Bourland v. Hildreth, 26 Cal. 161.
When the convention in framing the constitution borrowed provisions from the constitutions of other