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sons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons ami things to be seized.
Sec. 20. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court.
Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
R1GHT OF SUFFRAGE.
Section 1. Every white male citizen of the United States, and every white male citizen of Mexico, wbo shall have elected to become a citizen of the United States, nnder the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law; provided, that nothing herein contained shall be construed to prevent the legislature by a two-thirds concurrent vote, from admitting to the right of suffrage Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and proper.
Sec. 2. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.
Sec. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confmed in any public prison.
Sec. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. Sec. 6. All elections by the people shall be by ballot.
D1STR1BUT1ON OF POWERS.
Section 1. The powers of the government of the state of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Section 1. The legislative power of this state shall be vested in a senate and assembly, which shall be designated the legislature of the state of California, and the enacting clause of every law shall be as follows: "The people of the state of California, represented in senate and assembly, do enact as follows:"
Sec. 2. The sessions of the legislature shall bo annual, and shall commence on the first Monday of January next ensuing the election of its members, unless the governor of the state shall, in the interim, convene the legislature by proclamation.
Sec. 3. The members of the assembly shall be chosen annually by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the legislature, and their term of office shall bo one year.
Sec. 4. Senators and members of assembly shall be duly I
qualified electors in the respective counties and districts which they represent.
Sec. 5. Senators shall be chosen for the term of two years, at the same time and places as members of assembly, and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the stale for one year, and of the county or district for which he shall be chosen six months next before his election.
Sec. 6. The number of senators shall not be less than onethird, nor more than one-half of that of the members of assembly; and at the first session of the legislature after this constitution takes effect the senators shall be divided by lot, as equally as may be, into two classes: the seats of the senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually.
Sec. 7. When the number of senators is increased, they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible.
Sec. 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.
Sec. 9. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
Sec. 10. Each house shall determine the rules of its own proceedings, and may, with the concurrence of two-thirds of all the members elected, expel a member.
Sec. 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journal.
Sec. 12. Members of the legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.
Sec. 13. When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall issue writs of election to fill such vacancies.
Sec. 14. The doors of each house shall he open, except ou such occasions as, in the opinion of the house, may require secrecy.
Sec. 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may he sitting.
Sec. 16. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended in the other.
Sec. 17. Every bill which may have passed the legislature shall, before it becomes a law, be presented to the governor. If he approve it he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, notwithstanding the governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall he a law, in like manner as if he had signed it, unless the legislature, by adjournment, prevent such return.1
Sec. 18. The assembly shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or aflirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
Sec. 19. Hie governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, justices of the supreme court and judges of the district courts, shall be liahle to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the state; but the party convicted or acquitted shall, nevertheless, he liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried,
1 The term " Sundays excepted" applies only to the last day of the ten which the executive has for consideration of a bill. People ex rtl. Hepburn r. Whitman, Oct. T. 1SM>.
for misdemeanors in office, in such a manner as the legislature may provide.
Sec. 20. No senator or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Sec. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this state; provided, that officers in the militia, to which there is attached no annual salary, or local officers and postmasters, whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.
Sec. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this state shall ever be eligible to any office of honor, trust or profit, under this state; and the legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony.
Sec. 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws at every regular session of the legislature.
Sec. 2i. The members of the legislature shall receive for their services a compensation to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected.
Sec. 25. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title; and no law shall be revised or amended by reference to its title; but in such case the act revised, or section amended, shall be re-enacted and published at length.'
Sec. 26. No divorce shall be granted by the legislature.
1 A law is constitutional, in view of this section, where the subjects embraced in tho statute, nnti not expressed in the title, have congruity or proper connection. Dewitt v. San Francisco, 2 Cal. 389. This section is merely directory. Washington v. Page, 4 Cah 8S8.