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36 218

219 .78, 82, 85, 122

320

328

.105, 109 .258, 267, 268, 274, 283

110 .74, 223

261 .51, 154

218 211

38

529 253, 303

226 217 109 245 201

216 258, 283

37 .176, 178, 203, 205, 224

..176, 189

205

255 .253, 311, 312

328 264, 270 .45, 125

165

254 51, 54, 87, 94, 136 177

182

240 .78, 83,

84

75 .303, 305

281

74 248 242 133

101 ..253, 296, 303 .273, 293, 312

213

8. J. etc. R. R. Co. v. Mayne.
Skinner v. Buck...
Smith v. Brown
Smith v. Dunn
Smith v. Farrelly
Smith v. Greer.
Smith v. Hill
Smith v. Judge 1261 Dist.
Smith v. Kenfield..
Smith v. McDermot
Smith v. Morse..
Smith v. Strother
So. Cal. Lumber Co. v. Schmidt.
Soto v. Kroder
Spaulding v. Bradley
Spear v. Ward
Spencer Creek W. Co. v. Vallejo..
Spiegle v. Joy..
Spinney v. Griffith
S. P. R. R. Co. v. Pixley..
S. P. R. R. Co. v. Reed et al.
S. P. R. R. Co. v. Superior Court.
S. P. R. R. Co. v. Wilson
S. V. W. W. v. Bryant...
S. V. W. W. v. Drinkhouse..
S. V. W. W. v. San Francisco.
S. V. W.W, v. Schottler...
S. V. W. W. v. Supervisors.
Stafford v. Lick.
State v. McCauley
State v. Poulterer
State v. Rogers...
State v. Smith..
State v. S. P. R. R. Co. (U. S.).
State v. S. S. Constitution.....
Staude v, Election Commissioners.
Stein y, Howard....
Stevenson v. Bennett
Stevenson v. Colgun..
Stockton v. Weber..
Stoppelkamp v. Mangeot.
Stratton v. Green....
Sullivan v. Mier.
Burocco v. Geary.
Sutherland v. Sweem.
Swamp L. Dist. No. 150 v. Silver.
Swift v. Shepard...
S. & C. R. R. v. Galgiani.
S. & V. R. R. v. Stockton.
Tape v. Hurley..
Taylor v. Donner..
Taylor y. Palmer
Taylor v. Reynolds..
Taylor v. The Columbia.
Taylor v. Weston..
Tebbs v. Wetherby

524 ..239, 250, 278, 321 324

18 294 249 326

Tehama Co. v. Bryan.....

38 Teschamaker v. Thompson.

.240, 241 249 Thomas v. Justices' Court.

107, 116 Thomason v. Ashworth, 22, 78, 79, 136, 139, 140, 152, 153, 175, 177..

179 Thomason v. Ruggles..

. 139, 140, 175, 211 225 Thompson v. Thompson..

269 Thorne v. San Francisco.

264 Thornton v. Hooper

262 Town of Woodland v. Stephens

176 Trahern v. Supervisors.

40 Treadwell v. Wells,.

309 Treadwell v, Yolo Co.

.54, 87, 89, 155 232 Tregea y. Owens..

192 Trezevant v. W. R. Strong Co...

185 Trimmer v. Bode...

209 Tuolumne Redemption Co. v. Sedgwick.

262 Turlock Irr. Dist. v. Williams.

143 Tyler y. Connolly..

.99, 100 Underbill v. Santa Barbara.

182 United States v. Land in Monterey County

246 University v. January..

129 University of Cal. v. Bernard.

.69, 70 Upham v. Supervisors..

251 I'ridias v. Morrill.

.267, 293 Urton v. Wilson.

209 Urton v. Wood..

109 Van Maren v. Johnson.

329 Van Valkenberg v. Brown.

265 Varsault y. Austin...

294 Veutura Co. v. Thompson

247 Vermule v. Bigler..

270 Vilhac y. S. & I. R. R. Co. Vlautin v Bumpus

329 Vulicevich v. Skinner.

120 Ward v. Flood..

10 Ware v. Robbins.

254 Washington r. Page.

.69, 70, 282 Water Works v. San Francisco.

106 Waterloo Turnpike Co. v. Cole

257 Waterman v. Smith...

241 Watt v. Wright....

..108, 227 Weber v. Supervisors..

40 Weiderkind v. Tuolumne C. W. Co...

121 Weill v. Kenfield

59 Welch v. Strother.

173 Wells, Fargo & Co. v. Board of Equalization.

191 Wells, Fargo & Co. v. State Board

198 Welsh v. Bramlett..

..132, 134, 135, 153 Westbrook v. Roseborough.

302 Western G, & M. Co. v. Knickerbocker.

156 Wetmore v. Barrett..

80 Wetmore v. City of Oakland..

.124, 172 Wetherbee v. Cazneau...

288 Weyl v. Sonoma V. R. R..

38 Wheaton v. Insurance Co.

121

250

Wheeler v. Miller.
White y. Lightfoot.
White v. Lightwell
Whiting v. Haggard.
Whittier v. Wilbur
Wickersbam v. Brittan
Will of Bowen ..
Willard v. Superior Court.
Williams v. Corcoran
Wills v. Austin..
Wilson y. Sup. Sutter Co.
Wood v. Ele tion Commissioners
Weod v. Truckee T.: rnpike (o
Woods v. Varnum..
Woodward v. Fruitvale S. Dist
Wren v. Mangan...
Wright v. Central Cal. Water Co
Wymans v Moore
Wysinger v. Crookshank
Yarnell v. City of L. A.
Yore v. Bankers' Association.
Yosemite S. & F. Co. v. Dunn
Young v. Wright.
Zander y. Coe...
Zoltman v. San Francisco

264 297

101 . 136, 226

238 223, 233

301

29 324 322

321 ..69, 136, 144, 145, 221

285, 286

.17, 62 .52, 143, 156, 168

209 183 80

10 . 153, 168, 170, 171

185

84 242 301 287

INTRODUCTION.

The first constitution of California was adopted in convention chosen by the people under proclamation issued by Brevet Brig. General B. Riley, U. S. A., then in command of the United States forces, and ex officio civil governor, by virtue of the laws of Mexico then in force here, and by which the military officer in command became governor in the absence of a duly elected civil governor. The election for members of the convention was held August 1st, 1849; the convention met at Monterey on the 1st of September following, and on the 10th of October of the same year, the constitution was adopted in convention. It was ratified by the people on the 13th of November, and proclaimed on the 20th of December, 1819.

The first amendment was proposed by the legislature in 1855, and ratified November 4th, 1856. This amendment altered the mode in which the constitution might be revised or entirely changed, and provided that the constitution that should be agreed upon by a convention called for such purpose should thereafter be submitted to the people, and provided also for the canvass of the vote cast, and for proclamation thereof by the governor, which provisions were not in the constitution as originally adopted. No other amendments were made until those proposed in 1861, and which were ratified September 3d, 1862. These amendments changed the sessions of the legislature from annual to biennial, and of course changed the term of office of the members of the house from one

of Ja

to two years, and of senators from two to four years. The terms of governor, secretary of state and superintendent of public instruction were changed from two to four years, and the judicial department was changed in very material respects.

The next amendment was that ratified September 6th, 1871, by which section 22 was added to article I, limiting appropriatious to two years.

The present constitution was adopted in convention at Sacramento, March 3d, 1879; was ratified by vote of the people May 7th, 1879, and went into effect, according to its own terms, at 12 o'clock, M., July 4th, 1879, so far as the same relates to the election of all officers, the commencement of their terms, and the sessions of the legislature. In all other respects and for all other purposes, it took effect on the first day

ary, 1880, at 12 o'clock, M. The amendments to this constitution have been five, as follows: Section 19, article XI, and section 9, article XIII, ratified at election held November 4th, 1884; section 8, article XI, ratified at election held April 12th, 1887; and sections 8 and 18, article XI, ratified at election held November 8th, 1892.

It will be seen by reference to Davis v. Superior Court, 63 Cal. 581, and Staude r. Election Commissioners, 61 Cal. 313, that the present Supreme Court will follow, as authoritive, the construction placed upon. any provision of the former constitution by the former Supreme Court. There are many of the provisions of the old constitution embodied in the new, which are noted in this volume by appropriate reference under the respective sections of the latier; and in view of the familiar rule expressed in Knowles v. Yates, 31 Cal. 83, approved in S. &. C. R. R. Co. v.

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