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people of California, the admission of the state of California into the American Union.

SEC. 13. All officers of this state, other than members of the legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable.

SEC. 14. Until the legislature shall divide the state into counties and senatorial and assembly. districts, as directed by this constitution, the following shall be the apportionment of the two houses of the legislature, viz.: the districts of San Diego and Los Angeles, shall jointly elect two senators; the districts of Santa Barbara and San Luis Obispo, shall jointly elect one senator; the district of Monterey, one senator; the district of San José, one senator; the district of San Francisco, two senators; the district of Sonoma, one senator; the district of Sacramento, four senators; and the district of San Joaquin, four senators. And the district of San Diego shall elect one member of the assembly; the district of Los Angeles, two members of assembly; the district of Santa Barbara, two members of assembly; the district of San Luis Obispo, one member of assembly; the district of Monterey, two members of assembly; the district of San José, three members of assembly; the district of San Francisco, five members of assembly; the district of Sonoma, two members of assembly; the district of Sacramento, nine members of assembly; and the district of San Joaquin, nine members of assembly.

SEC. 15. Until the legislature shall otherwise direct, in accordance with the provisions of this constitution, the salary of the governor shall be ten thousand dollars per annum; and the salary of the lieutenant-governor shall be double the pay of a state senator; and the pay of members of the legislature shall be sixteen dollars per diem while in attendance, and sixteen dollars for every twenty miles' travel by the usual route from their residences to the place of holding the session of the legislature, and in returning therefrom. And the legislature shall fix the salaries of all officers other than those elected by the people at the first election.

SEC. 16. The limitation of the powers of the legislature, contained in article eighth of this constitution, shall not extend to, the first legislature elected under the same, which is hereby

authorized to negotiate for such amount as may be necessary to pay the expenses of the state government.

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R. SEMPLE,

President, and delegate from Benicia.

J. McH. HOLLINSWORTH,

J. M. JONES,

J. D. HOPPE,

T. O. LARKIN,
FRANCIS J. LIPPITT,
B. S. LIPPINCOTT,
H. M. MCCARVER,
JOHN MCDOUGAL,
B. F. MOORE,
MYRON NORTON,
P. ORD,

MIGUEL DE PEDRORENA,

A. M. PICO,

R. M. PRICE,
HUGO REID,

JACINTO RODRIGUEZ,
PODRO SANSEVAINE,
W. E. SHANNON,
W. S. SHERWOOD,
J. R. SNYDER,
A. STEARNS,
W. M. STEUART,
J. A. SUTTER,
HENRY A. TEFFT,
S. L. VERMEULE,
M. G. VALLEJO,

J. P. WALKER,

O. M. WOZENCRAFT.

CONSTITUTIONAL CONSTRUCTION.

1. 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 that clause of the constitution which prohibits such taking without just compensation. Dunbar v. The Alcalde of San Francisco, 1 Cal. 355; Surocco v. Geary, 3 Cal. 69.

2. The states possess the power to arrest and restrain fugitive slaves and to remove them from their borders, but not so as to obstruct the owner in reclaiming his slave under the constitution of the United States. In re Perkins, 2 Cal. 424.

3. A deed void by reason of fraud, cannot be made valid by an act of the legislature so as to affect the rights of third persons. Smith v. Morse, 2 Cal. 524.

4. An act of the legislature authorizing the governor to appoint a judge of the supreme court during the absence of one of the judges from the state, is unconstitutional. People v. Wells, 2 Cal. 610.

5. The legislature can neither confer appellate jurisdiction on the district courts or original jurisdiction on the supreme court. Caulfield v. Hudson, 3 Cal. 389.

6. The cotemporaneous expositions of the first legislature, acquiesced in by every subsequent legislature, tacitly assented to by the courts, and where rights have grown up under it and it has become a rule of property, must govern in a question of constitutional law. Washington v. Page, 4 Cal. 389.

7. The constitution of this state is not to be considered 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 of the state, or delegated to the general government, or prohibited by the constitution of the United States. People v. Coleman, 4 Cal. 46; People v. Bigler, 5 Cal. 23; Williams v. Thompson, Jan. T. 1856.

8. The legislature in the exercise of any power granted or limited by the constitution, must use it for the public welfare, independent of any foreign or extraneous considerations. In re State Capital, Jan. T. 1854.

9. Courts have no authority to inquire into the motives of the legislature in the passage of any law; neither have they the right to declare from the face of a law that they were actuated by improper motives. People v. Bigler, 5 Cal. 23.

10. The district court has no appellate jurisdiction from the probate courts. Reed v. McCormick, 4 Cal. 342.

11. The act of Congress authorizing a transfer of causes from a state court to the United States court, because one of the parties is an alien, is not warranted by the constitution of the United States. Johnson v. Gordon, 4 Cal. 368.

12. No cause can be transferred from a state court to any court of the United States. Id.

13. In conferring upon county courts the power to prevent and abate nuisances, the legislature exceeded their constitutional authority. Parsons v. Tuolumne Water Company, 5 Cal. 43.

14. The legislature cannot exercise judicial functions, and cannot, therefore, except one case or one party from the operation of a general rule of law. Guy v. Hermance, 5 Cal.

73.

15. The states are not deprived by the constitution of the United States of the power to confer upon their own courts all admiralty and maritime jurisdiction, and therefore, the statute of California conferring such jurisdiction is constitutional and valid. Taylor v. The Columbia, 5 Cal. 268.

16. Congress has no power to confer jurisdiction upon the courts of a state. Ex parte Knowles, 5 Cal. 300. Neither can a state court voluntarily exercise power or take jurisdiction of a case under an act of Congress. Id.

17. The constitution of the United States does not prohibit the states from naturalizing aliens. Id.

18. The legislature cannot confer on one court the functions

and powers which the constitution has conferred on another. Zander v. Coe, 5 Cal. 230.

19. The performance of certain legislative functions being confided to, or imposed upon, the legislature by the constitution, must be exercised by that branch of the government and cannot be delegated by them. People v. Nevada, April T. 1856.

20. The legislature can impose no duties upon the judiciary but such as are of a judicial character. Id.

21. The incorporation of colleges and towns cannot be imposed upon the courts. Id.

22. The provision in the constitution "No person shall be twice put in jeopardy for the same offence," was not intended to apply to cases in which a judgment of conviction was reversed in the appellate court and a new trial ordered. People v. March, Oct. T. 1856.

23. The constitution is inoperative of itself and looks to legislation. Cary v. Tice and Wife, Oct. T. 1856.

24. The eighth article of the constitution is an express restriction upon the powers of the legislature, and the limitation applies to the necessary and ordinary expenses of government. Nougues v. Douglass et al. Jan. T. 1857.

25. The power of taxation is given to the legislature without limit for all purposes allowed by the constitution. Id.

26. The judiciary possesses the power to construe the constitution in all cases, not expressly or by necessary implication reserved to other departments. Id.

27. All debts contracted in violation of the eighth article of the constitution are void, and the legislature has no power to levy a tax or appropriate money for the payment thereof. Id.

28. The statute of a state cannot require a greater amount of proof for the authentication of the acts, records, etc., of the several states, than that prescribed by the act of Congress, but may require less. Parke v. Williams, Jan. T. 1857.

29. The grant of "legislative power" does not include the right to attack private property. Billings v. Hall, Jan. T. 1857. 30. The act of 1856, for the protection of settlers, declared unconstitutional. Id.

31. A board of supervisors appropriating private property without making provision for paying the value thereof, may be restrained by injunction. McCann v. Sierra county, Jan. T.

1857.

32. A tax imposed by law on Chinese passengers arriving in this state is unconstitutional. People v. Downes, Jan. T. 1857.

33. Power to appoint for a full term of office is vested in the legislature, and the governor has no right to exercise it. People ex rel. v. Langdon, 8 Cal. R. 1.

34. Under the constitution, the legislature can make such dis

position of county revenues as it may deem proper. People ex rel. v. Williams, 8 Cal. R. 97.

35. The power of Congress to regulate commerce is exclusive, when exercised. The act of Congress of July 29, 1850, authorizing mortgages of vessels to be recorded, and making the record thereof notice to third parties, being in conflict with our statute of frauds, the latter must yield. Mitchel v. Steelman, 8 Cal. R.

363.

36. The appellate power of the supreme court is given by the fourth section of the sixth article of the constitution, and therefore the legislature can pass no act impairing it, but it may prescribe the mode in which appeals may be taken. Haight et al. v. Gay et al., 8 Cal. R. 297.

37. The legislature cannot delegate its general legislative powers, but it can authorize others to do those things which it cannot, understandingly or advantageously, do itself. Upham v. Supervisors of Sutter county, 8 Cal. R. 378.

38. The legislature can delegate the power to the voters of a county to select a county seat therein. Id.

39. The constitution does not require that the district courts shall be held at a county seat. Id.

40. Section seventeen of article fourth of the constitution provides, that the governor shall have ten days for the consideration of bills which have passed both houses of the legislature: the ten days must be computed by excluding the day on which the bill is presented to him. Price v. Whitman et al., 8 Cal. R. 412.

41. The legislature has no power to impose or superadd conditions to a contract after it is completed, as this would be to impair its obligations, and this is prohibited by the constitution. Robinson et al. v. Magee. 9 Cal. R. 81.

42. The legislature has the power to confer criminal jurisdiction on justices' courts. The People v. Fowler, 9 Cal. R. 85.

43. The provision of the Practice Act, authorizing judgment, personal and final, against an absent defendant, with privilege to the defendant to come in and deny in six months, is not in violation of the constitution of the United States or this state. Ware et al. v. Robinson et al., 9 Cal. R. 107.

44. The provisions of section fifteen of article six of the constitution, respecting the salaries of district judges, do not exempt those officers from the necessity of an appropriation for that purpose by the legislature. Myers v. English, 9 Cal. R. 341.

45. The constitution vests in the legislature the power of controlling and disposing of the revenue of the state. Id.

46. The provision of the constitution which prohibits the passage of any law impairing the obligation of contracts, relates solely to contracts between individuals, and not to contracts between individuals and the state. Id.

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