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6. On Military Affairs. To consist of eleven members.

7. On State and Municipal Indebtedness. To consist of fifteen members.

8. On Education. To consist of nine members.

9. On State Institutions and Public Buildings. To consist of eleven members.

10. On City, County, and Township Organization. To consist of fifteen members.

11. On Apportionment and Representation. To consist of fifteen members.

12. On Revenue and Taxation. To consist of fifteen members. 13. On Corporations other than Municipal. To consist of fifteen members.

14. On Miscellaneous Subjects. To consist of nine members. 15. On Future Amendments. To consist of nine members. 16. On Schedule. To consist of eleven members.

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of Burt,

Jones,

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Lavigne,

Sweasey,

Swenson,

Lewis,

Lindow,

17. On Revision and Adjustment. To consist of nine members. 18. On Water and Water Rights. To consist of fifteen members. 19. On Agriculture, Manufactures, and Commerce. To consist eleven members.

20. On Mining. To consist of eleven members.

21. On Immigration. To consist of fifteen members.

Schomp,
Shafter,

Shoemaker,
Shurtleff,

Smith, of Santa Clara,

Smith, of 4th District,

Smith, of San Francisco,
Soule,

Stedman,
Steele,
Stevenson,

Strong,
Stuart,

27. On Labor and Capital. To consist of nine members. 28. On Engrossment and Enrollment. To consist of seven members. 29. On Chinese. To consist of fifteen members. 30. On Land and Homestead Exemptions. To consist of nine members.

MR. REYNOLDS. Mr. President: I offer the following as a new rule: "No member shall receive pay for any week day on which he has not actually attended the Convention, except in case of sickness, when absent on committee duty, or upon adjournment over by the Convention."

MR. REYNOLDS. I offer this amendment as a new rule, to be known as rule seventy-three, because I am satisfied that the ruling of the Chair on rule sixty-five was wrong; that he ruled it out of order under misapprehension of the scope of the rule. Now, the only object of this rule is to cut off the pay of members who voluntarily absent themselves from the Convention during its sessions. That is the entire object of this rule. The Convention had no chance to take any action upon the ruling of the Chair. Some gentlemen supposed that it was an interference with the law calling the Convention. That is not the object of the rule, but only to cut off these gentlemen from going away. I desire to have the sense of the Convention on that proposition. MR. WATERS. I raise the point of order that the members of this Convention are entitled to receive ten dollars a day for every day during the session of this Convention. Those are the very words of the statute. MR. EDGERTON. I raise the point of order that the Chair should state whether the point of order is sustained or not, and then discussion will be in order.

MR. WATERS. As to whether this Convention can grant leave of absence, is one thing; and cutting off the pay of delegates is another thing. If I apply for a leave of absence, it is the province of this Convention to grant it, or not, as they may see fit. Now, if it is the policy of the Convention to say that leave of absence shall not be granted except in case of sickness, say so; but the question as to whether you can cut off the pay of a delegate, is another thing. You may tell him that he has agreed to work for this State for one hundred days, and he must stay and do it; and if he absents himself you have the power to send for him and bring him back. I would be perfectly willing to have this rule enforced as to myself; but I will not vote to apply it to others. The rule is not right.

MR. REYNOLDS. I want to do this as a kind of a fine. If they are not in attendance, they will be practically fined ten dollars.

Dean,
Dowling,
Doyle,

Martin, of Alameda,

Martin, of Santa Cruz,

McCallum,

McComas,

McConnell,

McCoy,
McFarland,
McNutt,

Miller,

Dudley, of San Joaquin, Mansfield,
Dudley, of Solano,
Dunlap,
Eagon,
Edgerton,
Estee,
Estey,
Evey,
Farrell,
Fawcett,
Filcher,
Finney,
Freeman,
Freud,
Garvey,
Glascock,
Gorman,
Grace,
Gregg,
Hager,
Hale,

Mills,
Moffat,
Moreland,

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Morse,
Murphy,

Weller,
Wellin,

West,
Wickes,

Nason,
Nelson,
Neunaber,

Noel,

O'Donnell,
Ohleyer,

ABSENT.

Prouty,

Walker, of Tuolumne,

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Casserly,
Graves,
The Journal of yesterday was read, and, after several corrections, was
approved.

ADDITIONAL STANDING COMMITTEES.

THE PRESIDENT announced the following additional committees: On Legislative Department-Terry, Biggs, Finney, Caples, Garvey, Heiskell, Holmes, McCallum, Filcher, E. O. Smith, Graves, Reynolds, Mansfield, Cowden, Hale.

On Executive Department-Campbell, Stuart, Hitchcock, Andrews, Shurtleff, Harvey, West, Swing, Herrington.

On State and Municipal Institutions-Casserly, Martin, of Alameda, Waters, Reddy, Hall, Graves, M. M. Estee, Howard, Berry, Noel, Chapman, Mills, Gregg, Sweasey, Wyatt.

On Revenue and Taxation-Edgerton, Casserly, Tully, Biggs, J. M. Dudley, Miller, Shafter, Barbour, H. C. Wilson, Turner, Inman, Prouty, other-Hunter, Overton, Moffat.

THE CHAIR. If the gentleman will put his proposition in that shape, so as to make it a fine of ten dollars, the Chair will entertain it, wise it (the point of order) will be sustained.

Mr. EDGERTON. Mr. President: I desire to send up an additional rule, to be known as Rule Seventy-four:

"Rule 74. When any resolution, proposition, or other document shall be referred to a committee, the Secretary shall, without delay, cause the same to be delivered to the Chairman of such committee, and take his receipt therefor, and a book for that purpose shall be kept, and such receipt shall state the date at which such resolution, proposition, or paper is delivered."

On Corporations other than Municipal-M. M. Estee, Winans, Reed, Webster, Barbour, Steele, Berry, Gregġ, Reddy, Schell, Rhodes, Boggs, White, Dean, Dunlap.

On Revision and Adjustment-Wm. L. Dudley, Hager, Freeman, Fawcett, Casserly, Miller, Hale, Porter, Belcher.

On Water and Water Rights-Tinnin, Pulliam, Keyes, Belcher, Brown, Filcher, Henry Smith, Lewis, McComas, John Walker, Estey, Hunter, Soule, Shoemaker.

On Agriculture, Manufactures, and Commerce-Reed, Tinnin, Web

ster, Larue, Townsend, Larkin, Fawcett, Johnson, H. C. Wilson, White, Freud.

On Mining-Pulliam, Tinnin, Hale, Keyes, Lampson, Jones, McCoy, Burt, Strong, Dowling, McNutt.

On Pardoning Power-Shafter, Laine, Johnson, Barry, Rolfe, Hall, Huestis, Kelley, George V. Smith.

Resolved, That the Committee on Labor and Capital be instructed to report a provision firmly establishing eight hours as a legal day's work. Referred to Committee on Labor and Capital.

LIEN LAW.

MR. CONDON offered the following resolution relative to mechanics

On Harbors, Tide Waters, and Navigable Streams-Ayers, Mills, Hil-liens:
born, Cowden, J. West Martin, Barnes, Webster, II. Walker, Mansfield.
On Labor and Capital-Belcher, Holmes, E. O. Smith, Ed. Martin,
Hall, Barton, Stedman, Caples, Harvey.

On Engrossment and Enrollment-Noel, Wickes, Blackmer, Ringgold,
Johnson, Chapman, Stevenson.

On Chinese-Miller, S. M. Wilson, Barbour, Larkin, Shurtleff, Van Voorhies, Murphy, McFarland, Crouch, Andrews, Finney, White, Tuttle, Ed. Martin, Evey.

On Immigration-Barbour, Miller, S. M. Wilson, Evey, Larkin, Shurtleff, Van Voorhies, Murphy, McFarland, Crouch, Andrews, Finney, White, Tuttle, Ed. Martin.

On Lands and Homestead Exemption-E. O. Smith, Glascock, West, Davis, Schomp, Charles, Ohleyer, Brown, McConnell.

Additional to the Committee on State Institutions and Public Buildings-Beerstecher, Porter, McComas, Thompson.

THE RULES.

MR. ESTEE offered the following resolution:

Resolved, That the rules, as adopted, be re-referred to the Committee on Rules, with instructions to prepare an index to the same, and have it printed in pamphlet form, with the names of the officers and attachés of the Convention attached thereto. Adopted.

MR. O'DONNELL.

I have a resolution to offer.

MR. WATERS. I rise to a point of order. Resolutions are not now in order.

Resolved, That the Committee on Labor and Capital be instructed to report provisions creating a perfect lien in favor of mechanics and all laboring men, upon the thing whereon the labor is performed and the laud whereon fixed, for their compensation.

Referred to Committee on Labor and Capital.

LICENSES TO CHINESE.

MR. DOWLING introduced the following proposed amendment to the Constitution, prohibiting the granting of licenses to aliens: WHEREAS, The immigration of aliens, ineligible to become citizens of the United States, to this State, is detrimental to our well-being and dangerous to our institutions; therefore the following article should be inserted in the Constitution of California:

Resolved. That no alien ineligible to become a citizen of the United States shall ever be granted a license to trade, peddle, or carry on any kind of mercantile business in this State after the adoption of this Constitution.

Referred to Committee on Chinese.

IRRIGATION.

MR. DOWLING introduced the following proposed amendment to the Constitution, relative to irrigation: WHEREAS, The subject of irrigation is one of paramount importance to the State of California, and one which deserves the serious consideration of this Convention, as on it depends, in a great measure, the future lowing Article should be entitled to a place in the Constitution: The Legislature shall provide for the construction and maintenance On motion of Mr. Edgerton, Mr. Barbour had leave to offer the fol- of a system of irrigating canals and ditches in this State, said canals and lowing resolution: ditches to belong forever to the State, and remain under its direct control.

THE PRESIDENT. Introduction of propositions in relation to the prosperity and greatness of this State, and, in view of this fact, the fol

Constitution are now in order.

INTRODUCTION OF PROPOSITIONS.

Resolved. That on presentation of resolutions and propositions, as provided for in part seven of rule seventeen, the Secretary shall cali the list of delegates alphabetically, and each delegate, when his name is called, shall be allowed to present two independent resolutions or propositions relating to the proposed Constitution, which shall be read and referred without debate If the call be not completed on the day it is commenced, the Secretary shall commence the call on the next day where he left off on the previous day, and so on for the next day after, coming back, when through, to the head of the list, until the further order of the Convention. Adopted.

MR. WATERS. I would suggest that it be made a rule of the

vention.

Referred to Committee on Water and Water Rights.

THE SUPREME COURT.

MR. EDGERTON introduced the following proposed amendment to the Constitution, concerning the Supreme Court:

Resolved, That the following provision be adopted in the Constitution: All terms of the Supreme Court shall be held at the seat of governCon-ment; but the times for holding such terms shall be provided by law. Referred to Committee on Judiciary and Judicial Department.

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MR. EDGERTON introduced the following proposed amendment to the Constitution, concerning the seat of government:

Resolved, That the following provision be adopted in the Constitution: The seat of government shall be at Sacramento, until otherwise for any purpose' until it is submitted to the electors of the State, at a directed by law; but no law proposing a change thereof shall be effectual general election, for approval, and is approved by a majority of two thirds of all the votes cast at such general election for or against such proposed change.

Referred to Committee on Legislative Department.

CHARGES ON RAILROADS AND VESSELS.

MR. ESTEE introduced the following proposed amendment to the Constitution, relative to discrimination of charges of railroads and vessels:

SECTION 1. All individuals, associations, and corporations shall have the equal right to have persons and property transported over railroads in this State, or upon vessels plying upon the waters of this State, and no discriminations shall be made in charges for or in facilities for transportation of freight or passengers within this State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station or landing at charges not Lieutenant-exceeding the charges of transportation of persons and property of the same class, in the same direction, to any more distant station, but excursions and commutation tickets may be issued at special rates.

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Resolved, That the Committee on the Legislative Department directed to inquire into the expediency of establishing a single Legislative Chamber.

Referred to Committee on Legislative Department.

MR. DUDLEY, of Solano. I rise to a point of order. Rule twentysix, which has been adopted, says: "It shall be the duty of each member who moves that any committee be instructed to inquire into the expediency of amending or revising the existing Constitution, to point out the amendment which he deems expedient, in writing, to accompany his motion." These amendments do not accompany the motion of the gen

tleman from San Francisco, Mr. Barbour.

THE PRESIDENT. I think these resolutions sufficiently point out the intention. The point of order is overruled.

HOURS OF LABOR.

SEC. 3. No railroad, railway, or other transportation company shall grant free passes, or passes at a discount, to any person except officers or employés of the company.

Referred to Committee on Corporations other than Municipal.

HOMESTEAD EXEMPTION.

MR. EVEY introduced the following proposed amendment to the Constitution, relative to homestead exemption:

all times, have the right to point out and designate the same by any The homestead is the place on which the owner resides, who shall, at mode he may choose, and shall embrace and consist of one or more lots or parcels of land not in excess of one hundred and sixty acres, not exceeding the value of five thousand dollars, which shall be and remain free and exempt from incumbrance by debt or contract of every kind

MR. CONDON offered the following resolution establishing hours of whatsoever, and free and exempt from forced sale by any and all writs

labor:

or process whatever; and with the growing and grown produce there

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MR. GREGG introduced the following proposed amendment to the Constitution, concerning the "Declaration of Rights:" Amendment suggested to section seventeen of the "Declaration of Rights."

Be it resolved, That foreigners who, under the laws of the United States, are privileged to become citizens of the United States, and who are or 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.

Referred to Committee on Preamble and Bill of Rights.

JUDICIAL SYSTEM.

MR. HAGER introduced the following proposed judicial system-suggested amendments of the present, proposed to be incorporated in the new Constitution as a judicial system:

TO THE DECLARATION OF RIGHTS.

SECTION 1. The right of trial by jury shall be secured to all, and remain inviolate; but hereafter the concurrence of only three fourths of the jury shall be necessary to render a verdict. In criminal cases, where the punishment may be death or imprisonment in the State Prison, the jury shall consist of sixteen persons; in all other actions, either criminal or civil, the jury shall consist of twelve persons; but by the agreement of the parties the jury, in a civil action, may consist of eight persons, or a trial by jury may be waived. SEC. 2. No person shall be held to answer for a crime or any public offense punishable by death or imprisonment in the State Prison (except in cases of impeachment, or in cases arising in the militia when in actual service, or in the land or naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace), unless on presentment or indictment of a Grand Jury. In all other cases offenses shall be prosecuted criminally by indictment, information, or complaint, as concurrent remedies; 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. Hereafter a Grand Jury shall consist of nineteen men, any ten (10) of whom concurring may find an indictment or true bill. The Legislature, by a two-thirds vote of all the members elected to each House, may abolish or establish and restore the Grand Jury system in all or any county of the State.

SEC. 3. No person shall be compelled in any criminal case to be a witness against himself, but if he voluntarily becomes a witness he may be fully cross-examined; nor shall any person, after being once acquitted by a jury, be again, for the same offense, put in jeopardy of life or liberty; but if the jury fail to render a verdict, or if judgment after verdict be arrested or reversed, nothing herein contained shall prevent a new trial.

SEC. 4. No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into Court for the owner, the property shall not be disturbed, or the proprietary rights of the owner therein divested. The fee of lands taken for railroad tracks or canals, without the consent of the owner thereof, shall remain in such owner, subject to the use for which it is taken.

SEC. 5. The provisions of this Constitution are mandatory and prohibitory, unless by express words it is declared to be otherwise.

TO THE JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of this State, in matters of law and equity, shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace, and in such municipal Courts of inferior criminal jurisdiction as the Legislature, with the concurrence of two thirds of all the members elected to each house, may establish in any incorporated city or town.

SEC. 2. The Supreme Court shall consist of eight Justices. The Justices of the Supreme Court shall be learned in the law, and not less than thirty-five years of age. They must be citizens of the United States and of this State for five years next preceding their election or appointment. SEC. 3. The Supreme Court shall have a general superintending control over all inferior tribunals, and shall have appellate jurisdiction as follows: In all cases involving the construction of the Constitution of the United States or of this State; in all cases where the validity of any statute or treaty of, or authority exercised under, the United States is drawn in question; in all civil cases arising in the District Courts whereof such Courts have exclusive original jurisdiction; in all cases of probate in the County or Probate Courts; and in all criminal cases amounting to felony, on questions of law alone; and it shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and such other writs as may be necessary to the complete exercise of its appellate jurisdiction. The Justices, and each of them, upon petition in behalf of any person held in actual custody, may issue writs of habeas corpus to any part of the State, and make such writs returnable before the Supreme Court, or a Justice thereof, or before any District Court, or County Court, or before any Judge of such Courts.

SEC. 4. The Justices of the Supreme Court, except as in this Constitution otherwise provided, shall be elected by the qualified electors of the State-two every two years at each general election-and shall hold office for the term of eight years. But the Legislature may, in its distices of the Supreme Court at a general election, or may change the time cretion, provide separate tickets and ballot-boxes for the election of Jusof election of such Justices from a general to a special election, to be held every two years.

SEC. 5. The full terms of office of the Justices of the Supreme Court, and the unexpired terms of those elected to fill any vacancies, shall commence on the first Tuesday after the first Monday in January next ensuing their election. Those appointed shall enter upon the discharge of their duties as soon as qualified.

SEC. 6. The Justices of the Supreme Court shall be so classified that only two of them shall go out of office every two years, and at the same time. If a vacancy occurs in the office of Justice of the Supreme Court, it shall be filled by the Governor. The person so appointed shall only hold the office until the next election appointed for the election of Justices of the Supreme Court by the people, when the vacancy shall be filled by the election of a Justice, who shall hold the office only for the unexpired term.

SEC. 7. The State shall, from time to time, be divided by the Legislature into two territorial districts, each district to be composed of entire contiguous counties. A Supreme Court, to consist of any four of the eight Justices of the Supreme Court, shall be held in each territorial district, and the concurrence of three Justices shall be necessary to pronounce a judgment or render a decision. Appeals to the Supreme Court from judgments entered of record in a county within a territorial district shall be to the Supreme Court in the same district.

SEC. 8. If in any case pending in the Supreme Court, in either district, the Justices be equally divided in opinion, or the Court overrules an authoritative decision previously made by any Supreme Court of this State, such case shall, with a statement of the reason therefor, be certified and transmitted to the Supreme Court in full bench, to consist of eight Justices. All cases so certified and transmitted shall be heard in the Supreme Court in full bench, and only, unless the Court otherwise direct, upon written arguments; and the concurrence of five Justices shall be necessary to pronounce a judgment or render a decision therein. If five Justices fail to concur the judgment appealed from must be affirmed.

SEC. 9. The Supreme Court, in full bench of eight Justices, and the Supreme Court in the territorial districts, of four Justices, shall be held at such times and places, and appeals thereto, respectively, shall be taken, certified, transmitted, and the business of the Courts regulated as may be prescribed by law.

SEC. 10. At any session of the Supreme Court the Justice holding a commission oldest in date shall be Chief Justice, and if there be more than one commission of the same date the Justices may select the Chief Justice.

SEC. 11. The State shall provide suitable Court-rooms and accommodations for holding the sessions of the Supreme Court, and for the Justices and officers.

SEC. 12. When any Justice of the Supreme Court, through interest or other disability, is disqualified from taking part in the hearing or decision of any case pending before the Supreme Court, in full bench, the remaining Justices may call to their assistance a disinterested District Judge, who shall act in such case as a Justice of the Supreme

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Court. In like cases the Supreme Court, in either territorial district,
may call to its assistance another Justice of the Supreme Court or a
District Judge.
SEC. 13. The present Justices of the Supreme Court shall remain in
office (unless sooner succeeded by those elected under this Constitution)
until the expiration of the terms of office respectively to which they
were elected; but their terms of office shall expire, and the payment
of further salaries or compensation cease, and they shall severally retire
from office in the order of their election (the Justice of the shortest
unexpired term first) at the commencement of the terms of office,
respectively, of Justices elected under this Constitution. To succeed
the present Justices of the Supreme Court two Justices shall be elected
at the
election in the year
and
in the year —.
SEC. 14. All judicial decisions in this State shall be free for publica-
tion by any person; but the Supreme Court may designate what decisions
and opinions delivered by that Court, or the Justices thereof, shall be
printed at the expense of the State; and no payment shall be made by
the State for the publication of any decisions or opinions not so desig-
nated. All cases finally submitted to the Supreme Court must be decided
without unnecessary delay, and within three months after such sub-

mission.

SEC. 15. The State, except as otherwise provided in this Constitution, shall be divided into convenient judicial districts of entire contiguous counties, in each of which one District Judge shall be elected by the qualified electors of the district, at the general or special elections provided for the election of Justices of the Supreme Court. Such judicial districts may be changed, enlarged, diminished, or abolished by the Legislature, by a two-thirds vote of all the members elected to each house, as public convenience may require; and whenever a judicial district shall be abolished the office of the Judge and his salary and compensation shall cease. The District Judges shall hold their offices

by law. In any county where there may be two or more County Judges the Probate Court shall be held, and the duties of Probate Judge performed, by one or more of such County Judges, as the public convenience may require, and as may be prescribed by law.

SEC. 23. The County Courts, in their respective counties, shall exercise a superintending control over Justices of the Peace and all municipal Courts, and shall have authority to issue writs of habeas corpus on petition by, or on behalf of, any person in actual custody, unless committed or imprisoned by the order or judgment of the Supreme Court, or a Justice thereof, or by a District Court, or a Judge thereof.

SEC. 24. No person shall be eligible to the office of County or Probate Judge unless he has attained the age of thirty years, and for five years next preceding his election or appointment has been a resident of the county, a citizen of the United States and of this State.

SEC. 25. District, County, and Probate Judges shall be elected at the general or special elections, and in the same manner prescribed for the election of Justices of the Supreme Court, and shall enter upon the duties of their respective offices on the first Tuesday after the first Monday in January next after their election.

SEC. 26. The election of all Justices and Judges of Courts of record shall be held and conducted as this Constitution, and laws in harmony therewith, may provide; and in case of a tie, or contested election between any candidates, the same shall be determined as prescribed by law.

SEC. 27. District Judges may interchange with each other in holding District Courts, and in the performance of official duties, in the several judicial districts throughout the State; and if, from any cause, a County or Probate Judge be unable or disqualified from holding Court in any county, such Court may be held by any other County or Probate Judge. SEC. 28. The Supreme Court, District Courts, County Courts, and Probate Courts shall be Courts of record.

SEC. 29. The Legislature shall provide for the election, in each county, of as many Justices of the Peace as the public convenience may require, with such duties, powers, jurisdiction (inferior to the Courts of record), and terms of office as prescribed by law.

for the term of eight years. SEC. 16. Any single county containing fifty thousand inhabitants may of itself constitute a judicial district. In a judicial district composed of a single county, the Legislature, by a two-thirds vote of all the members elected to each house, may, from time to time, as the public convenience may require, provide for an additional District Judge for every additional fifty thousand inhabitants in such county, each of whom may separately hold District Courts, hear and try cases, perform all the duties imposed upon District Judges, and exercise the full jurisdic-election, or during their terms of office. The compensation to County tion of District Courts. In any judicial district where there may be more than one District Judge, the several District Courts therein, for business purposes, shall be known and designated as the First, Second, etc., District Court of the- Judicial District, in numerical order, accord-quisites of office. ing to their respective numbers and judicial districts, as may be prescribed by law. The business, practice, and proceedings, and the times and manner of holding such Courts, may be regulated by general and special laws applicable to such judicial districts.

SEC. 17. The District Courts shall have original jurisdiction in all cases in equity; in all cases involving the title of real property or mining claims; the construction of the revenue laws of this State; the legality of any tax, impost, assessment, toll, or municipal fine, forfeiture or penalty, or the title to any office under this State; and in all other cases in which the demand, exclusive of interest or the value of personal property in controversy amounts to three hundred dollars; and, also, in all criminal cases not otherwise provided for, or which may be conferred by law. They shall also have such concurrent jurisdiction with, and such appellate jurisdiction from, inferior tribunals as may be conferred by law.

SEC. 18. No person shall be eligible to the office of District Judge unless he be learned in the law and has attained the age of thirty-five years; and who has not, for five years next preceding his election, been a resident of the district, and a citizen of the United States and of this State.

SEC. 19. The District Courts shall exercise a superintending control over County Courts, Probate Courts, and other inferior Courts in each county of their respective districts; and they and the Judges thereof shall have power to issue orders and writs of mandamus, quo warranto, certiorari, prohibition, ne exeat, injunction, habeas corpus, and all other orders and writs necessary and proper to the complete exercise of their jurisdiction, and to hear and determine the same.

SEC. 20. In each of the counties of the State there shall be a County Court, and, except as otherwise provided in this Constitution, for each a County Judge shall be elected by the qualified electors of the county. County Judges shall hold their offices for the term of four years. SEC. 21. In any county containing over fifty thousand inhabitants, the Legislature, by a two-third vote of all the members elected to each house, may, from time to time, as the public convenience may require, provide for such county one additional County Judge for each additional fifty thousand inhabitants; each of whom shall separately hold County Courts, hear and try cases, exercise the jurisdiction and perform all other duties imposed upon County Courts and Judges. The business, practice, and proceedings of, and the manner and times of holding such Courts, may be regulated by general and special laws applicable to such counties.

SEC. 30. The Justices of the Supreme Court, District Judges, County and Probate Judges shall, at stated times during their continuance in office, receive for their services such compensation as is or may be prescribed by law, which shall not be increased or diminished after their and Probate Judges shall be paid out of the county treasury of their respective counties. No judicial officer, except Justices of the Peace when authorized by law, shall receive to his own use any fees or perSEC. 31. The Justices of the Supreme Court, District Judges, County and Probate Judges, during the term for which they shall have been elected shall not be eligible to any other office, State or Federal, than a judicial office, nor shall they hold any other office of profit under this State or under the Government of the United States, or of any other State, or practice as an attorney or counselor in any Court in this State. SEC. 32. In jury trials, Judges may state the testimony and declare the law, but shall not charge juries as to conclusions of fact.

SEC. 33. The Legislature shall have no power to grant leave of absence to any judicial officer, and if any such officer shall absent himself from the State for more than thirty consecutive days his office shall be forfeited and become vacant.

SEC. 34. If a Justice or Judge of any Court of record willfully vio lates his oath of office, or neglects, or by reason of prolonged sickness or physical or mental infirmity becomes unable to perform the duties of his office with efficiency, the Legislature shall have power, by a two-thirds vote of the members of each house concurring, and with the approval of the Governor, to remove such Justice or Judge from office; but the cause of such removal shall be first stated on the Journal of each house, and notice thereof given to such Justice or Judge, with such reasonable time to be heard in his defense as may be prescribed by law. SEC. 35. The style of all process shall be " The People of the State of California," and all prosecutions shall be conducted in their name and by their authority.

SEC. 36. The salaries and compensation allowed to judicial officers must be fixed by law. The yearly salary and compensation of Justices of the Supreme Court shall not exceed the sum of dollars; that of a District Judge shall not exceed the sum of dollars; and that of a County Judge, or a Judge of a Municipal Court, shall not exceed the sum of dollars. Justices of the Peace shall receive such salaries or fees as prescribed by law.

SEC. 37. Judicial officers, before entering upon the duties of their respective offices, shall take and subscribe before a Judge of a Court of record the following oath or affirmation, in writing: "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States; that I will support and fully sustain, observe, and obey the Constitution of the State of California, in all its parts and provisions, and that I will faithfully discharge the duties of (here insert title of office), according to the best of my ability and understanding." The oath or affirmation of a Justice of the Supreme Court, or of a District Judge, must, before the issuance of his commission, be filed and SEC. 22. The County Courts shall have original jurisdiction of actions deposited in the office of the Secretary of State; that of a County Judge, of forcible entry and detainer and to prevent or abate a nuisance; of the Judge of a Municipal Court, and of a Justice of the Peace, must, in proceedings in insolvency, and of all such special cases and proceed-like manner, be filed and deposited in the office of the County Clerk of ings as are not otherwise provided for; they shall also have such the county. criminal jurisdiction as the Legislature may prescribe; and shall have power to hear applications for and to issue naturalization papers. They shall also have appellate jurisdiction in all cases arising in Courts held by Justices of the Peace, and in such inferior municipal Courts as may be established under this Constitution. County Judges shall hold, in their respective counties, Probate Courts, and in such Probate Courts, and as Probate Judges, shall perform such duties as may be prescribed

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Referred to Committee on Preamble and Bill of Rights, and Committee on Judiciary and Judicial System.

MR. VAN DYKE. I believe that violates the rule. These propositions are on different branches, and referred to different committees. The fore part was in reference to the Bill of Rights and the latter part to the Judicial Department.

MR. HAGER. Some portions of the Bill of Rights relate to the

judicial system, and that portion of it was referred to the Committee on Preamble and Bill of Rights. That which relates to Jury Trials is also a part of the judicial system, which is now embodied in the Bill of Rights. This is a proposition for a new judicial system.

THE PRESIDENT. The Chair decides that the resolutions sent up by the gentleman from San Francisco, Mr. Hager, relate to but one subject. Portions of them may be referred to different committees. Therefore the point of order is not well taken.

RAILROAD CORPORATIONS.

MR. HOWARD introduced the following proposed amendment to the Constitution, relative to corporations:

Resolved, That the Constitution should embrace the following provisions in relation to railways:

more than

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MR. HUGHEY introduced the following proposed amendment to the
Constitution, relative to excessive bails and fines:

in Bill of Rights, in their draft of the new Constitution:
Resolved, That the Judiciary Committee insert the following section

SECTION

ARTICLE

Excessive bail shall not be required, nor excessive fines
Referred to Committee on Judiciary and Judicial Department.

TENURE OF OFFICE.

MR. JOHNSON introduced the following proposition as to officers and their tenure of office:

Railroad corporations in this State are common carriers, and their
ways public highways, and such corporations subject to legislative con-
trol. They shall be chartered under general and uniform laws. Each
shall have the right to connect with any other, and transfer and receive
freight and passengers without delay or discrimination; but no such corpo-imposed, nor shall witnesses be imprisoned, in default of bail, as such.
ration shall consolidate directly or indirectly with a parallel or competing
line. The railroad and steamship corporations or companies in this State,
under pain of forfeiture of charters, are prohibited from combining or
pooling freights or fares, or in any manner combining or pooling with
each other. No railroad or canal company in this State shall charge
cents per mile as fare for passengers for a distance over
thirty miles, or more than cents per ton per mile for freight for any
distance over thirty miles. Freight shall include delivery, wharfage,
and storage for forty-eight hours after notice to the consignee. Rates
never shall be higher from a given point to another on any such way
than from the first point to one more distant on the same way, except
on excursion trains or commutation. Discrimination in rates between
individuals or corporations asking to be served is prohibited; and no
railroad, canal, or steamship oflicer shall be permitted to become pri-
vately interested in transportation or furnishing supplies. Common-excepted from the operation of the foregoing proposition.
carrying corporations are forbidden to engage in mining or other business.
The Legislature of this State shall pass laws to more fully enforce the
provisions of this article, and to correct abuses and prevent discrimina-
tion and extortion in the rates of freights and fares on the public ways
of this State, and fix, from time to time, by proper enactments and laws,
reasonable maximum rates of charges for transportation of passengers
and freight on the different railroads and canals in this State, not incon-ing, transmitting, or transferring title to any real estate within this
SECTION 1. No alien or aliens shall ever be capable of taking, hold-
sistent with the foregoing; and shall enforce such laws by adequate State, or of acquiring or transferring any right, title, or interest in any
penalties, to the extent, if necessary, of forfeiture of franchises held by real estate in this State, under lease or otherwise.
any corporation offending against such laws.

Referred to Committee on Corporations other than Municipal.

TAXATION.

MR. HUESTIS introduced the following proposed amendment to the Constitution, concerning revenue and taxation:

Resolved, That the Committee on Revenue and Taxation be requested to embody in their report the following propositions:

SEC.-.

All officers of this State, county officers, members of the Legislature, and township officers, shall be elected on the first Tuesday after the first Monday in November, eighteen hundred and eighty, and every four years thereafter, and shall hold their offices until their successors are elected and qualified; said officers, so elected, to enter upon the discharge of their duties on the first Wednesday in January next after their election; and officers holding office at the time of the adoption of this Constitution shall hold over till the first Wednesday in January, eighteen hundred and eighty-one. Judges of Courts of record are Referred to Committee on Privileges and Elections.

REAL ESTATE TO ALIENS.

Constitution, relative to the lease or sale of real estate to aliens not eli-
MR. JOYCE introduced the following proposed amendment to the
gible to become citizens:

Referred to Committee on Chinese.

MR. JOYCE also introduced the following proposed amendment to the
Constitution, relative to the same subject:

SEC. 2. All real estate in this State which shall hereafter be conveyed
or leased to any alien who does not first legitimately declare his inten-
tions to become a citizen of the United States, under the laws thereof,

shall escheat to the State.

Referred to Committee on Chinese.

A WHOLE CONSTITUTION.

SEC. Every person and corporation shall pay a tax in propor-
tion to the value of his, her, or its property within this State. All
moneys due and owing to any person, or to become due, by a solvent MR. LAINE. I confess that I do not fully understand the scope of this
debtor, whether secured by mortgage or otherwise, are property within rule, but it appears a proposition must embrace a single idea. It seemed
the meaning of this Constitution, and shall be taxed; provided, that all to me upon the introduction of the proposition by the gentleman from
property of the United States, of the State, of counties, cities and coun-San Francisco, Mr. Hager, that it embraced a number of ideas, but was
ties, cities, or other municipal corporations, and all growing crops, shall placed under the head of one proposition. Now, I do not desire to in-
be exempt from taxation. The Legislature shall enact such laws as may fract the rules of this Convention, but I desire to offer a proposed Con-
be necessary to carry into effect the provisions of this section.
stitution for the State of California, as one proposition, if I may be in
For the purpose of preventing double taxation, the Legisla-order in doing so. It takes it all in, and of course there is more than
ture shall enact laws necessary to authorize Assessors to deduct the just one idea embraced in it. It is on legal cap and otherwise meets all the
debts, evidenced by note, mortgage, or other written instrument of the rules of the Convention. If I can be allowed to introduce it, I desire
person taxed, from the estimated value of his, her, or its taxable prop-that it be referred to the Committee on Revision and Adjustment.
erty. Solvent debts, secured by mortgage owned or held by non-resi- THE PRESIDENT. By unanimous consent of the Convention it can
dents of the State, shall be assessed to such non-residents, and the tax be introduced.
so assessed shall be a lien upon, and collectible from, the property
described in the mortgage; provided, that the amount of the tax so col-
lected from such mortgaged property may be deducted by the mortgagor
from the debt secured by the mortgage. All contracts by one party for
the payment of taxes assessed to another are hereby prohibited and

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MR. BARBOUR. I object.

THE PRESIDENT. It is out of order, then.

MR. HAGER. I wish to correct the gentleman, so far as the proposition I introduced is concerned. It relates to one subject entirely-to the administration of justice alone.

MR. LAINE. I would ask a ruling of the Chair.

THE PRESIDENT. I rule the proposition out of order.

MR. MCCALLUM. Will the Chair entertain a motion to suspend the
his Constitution as a whole-that rule fifty-two be temporarily sus-
rule? I move that the rule be suspended, in order that he may offer
pended.
Lost.

ALIENS BECOMING SETTLERS.

MR. LARKIN introduced the following proposed amendment to the
Constitution, relative to aliens becoming settlers in this State:
ARTICLE.

SECTION 1. No person shall be permitted to settle in this State who is
not eligible to become a citizen of the United States after the adoption of
this Constitution.

SEC. 2. All contracts made with any such person or persons, coming
into this State contrary to the provisions of the foregoing section, shall
be void; and any person who shall employ such person or persons,
lease, rent lands or houses to him or them, or encourage any such per-
than twenty dollars nor more than one thousand dollars.
son or persons to remain in the State, shall be fined in any sum not less

SEC. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for Resolved, That the following sections be inserted in the new Consti- the purpose of carrying the saine into execution, shall be set apart and tution: appropriated to the Common School Fund of the State.

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