SEC. 6. This constitution shall be submitted to the people, for their ratification or rejection, at the general election to be held on Tuesday, the thirteenth day of November next. The executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the prefects of the several districts, or in case of vacancy, the sub-prefects, or senior judge of first instance, to cause such election to be held on the day aforesaid, in their respective districts. The election shall be conducted in the manner which was prescribed for the election of delegates to this convention, except that the prefects, sub-prefects, or senior judge of first instance, ordering such election in each district, shall have power to designate any additional number of places for opening the polls, and that, in every place of holding the election, a regular poll-list shall be kept by the judges and inspectors of election. It shall also be the duty of these judges and inspectors of election, on the day aforesaid, to receive the votes of the electors qualified to vote at such election. Each voter shall express his opinion, by depositing in the ballot-box a ticket, whereon shall be written, or printed, "for the constitution," or "against the constitution," or some such words as will distinctly convey the intention of the voter. These judges and inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the judges and inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the prefect, sub-prefect, or senior judge of first instance, as the case may be, of their respective districts; and said prefect, sub-prefect, or senior judge of first instance shall transmit one of the same, by the most safe and rapid conveyance, to the secretary of state. Upon the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a board of canvassers, to consist of the secretary of state, one of the judges of the superior court, the prefect, judge of first instance, and an alcalde of the district of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And

the executive will also, immediately after ascertaining that the constitution has been ratified by the people, make proclamation of the fact; and thenceforth this constitution shall be ordained and established as the constitution of California.

SEC. 7. If this constitution shall be ratified by the people of California, the executive of the existing government is hereby requested, immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be forwarded to the president of the United States, in order that he may lay it before the congress of the United States.

SEC. S. At the general election aforesaid, viz. the thirteenth day of November next, there shall be elected a governor, lieutenant-governor, members of the legislature, and also two members of congress.

SEC. 9. If this constitution shall be ratified by the people of California, the legislature shall assemble at the seat of government on the fifteenth day of December next, and in order to complete the organization of that body, the senate shall elect a president pro tempore, until the lieutenant-governor shall be installed into office.

SEC. 10. On the organization of the legislature, it shall be the duty of the secretary of state, to lay before each house, a copy of the abstract made by the board of canvassers, and, if called for, the original returns of election, in order that each house. may judge of the correctness of the report of said board of can

vassers.

SEC. 11. The legislature, at its first session, shall elect such officers as may be ordered by this constitution, to be elected by that body, and within four days after its organization, proceed to elect two senators to the congress of the United States. But no law passed by this legislature shall take effect until signed by the governor after his installation into office.

SEC. 12. The senators and representatives to the congress of the United States, elected by the legislature and people of California, as herein directed, shall be furnished with certified copies of this constitution, when ratified, which they shall lay before the congress of the United States, requesting, in the name of the

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.

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.