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more congressmen; but the Legislature may divide any county, or city and county, into as many congressional districts as it may be entitled to by law. Any county, or city and county containing a population greater than the number required for one congressional district, shall be formed into one or more congressional districts, according to the population thereof, and any residue, after forming such district or districts, shall be attached, by compact adjoining assembly districts, to a contiguous county or counties, and form a congressional district. In dividing a county, or city and county, into congressional districts, no assembly district shall be divided so as to form a part of more than one congressional district, and every such congressional district shall be composed of compact contiguous assembly districts.

[Constitution of 1849, Art. IV, § 30.]

Elections by Legislature.

SEC. 28. In all elections by the Legislature the members thereof shall vote viva voce, and the vote shall be entered on the journal. [Constitution of 1849, Art. IV, § 38.]

69 Cal. 512; 80 Cal. 213.

General appropriation bill, what to contain.

SEC. 29. The general appropriation bill shall contain no item or items of appropriation other than such as are required to pay the salaries of the State officers, the expenses of the government, and of the institutions under the exclusive control and management of the State.

61 Cal. 267; 64 Cal. 165; 80 Cal. 222; 109 Cal. 692; 115 Cal. 532, 549; 119 Cal. 465.

Support of sectarian schools prohibited.

SEC. 30. Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever; provided, that nothing in

this section shall prevent the Legislature granting aid pursuant to section twenty-two of this article.

115 Cal. 532.

Public credit to corporations prohibited.

SEC. 31. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township, or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public money or thing of value, to any individual, municipal or other corporation whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to section twenty-two of this article; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever.

77 Cal. 475; 83 Cal. 265; 91 Cal. 651; 92 Cal. 606; 93 Cal. 326;
97 Cal. 252; 98 Cal. 51; 99 Cal. 21; 104 Cal. 690; 106 Cal. 124;
109 Cal. 380, 580; 111 Cal. 57; 112 Cal. 315; 114 Cal. 404;
115 Cal. 532; 117 Cal. 168; 118 Cal. 546; 119 Cal. 114; 123 Cal.
498;
126 Cal. 118; 138 Cal. 273; 143 Cal. 331; 144 Cal. 692, 694;
149 Cal. 528.

Extra compensation to officers prohibited.

SEC. 32. The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract has been entered into and performed, in whole or in part; nor to pay, or to authorize the payment of, any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void.

64 Cal. 164; 67 Cal. 308; 72 Cal. 462, 471; 77 Cal. 475; 79 Cal. 173; 80 Cal. 266; 91 Cal. 649; 92 Cal. 606; 93 Cal. 326; 100 Cal. 268; 103 Cal. 498; 104 Cal. 644; 111 Cal. 588; 114 Cal. 418, 578, 584; 115 Cal. 532; 121 Cal. 21; 123 Cal. 498; 138 Cal. 275.

Charges by certain corporations, regulation of.

SEC. 33. The Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities furnished by telegraph and gas corporations, and the charges by corporations or individuals for storage and wharfage, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation or individual interested in the business to be regulated, and no person shall be selected who is an officer or stockholder in any such corporation.

145 Cal. 633-636.

Appropriation bills to contain but one item.

SEC. 34. No bill making an appropriation of money, except the general appropriation bill, shall contain more than one item of appropriation, and that for one single and certain purpose, to be therein expressed.

80 Cal. 211, 222; 94 Cal. 435; 105 Cal. 376; 145 Cal. 771.

Punishment for bribery.

SEC. 35. Any person who seeks to influence the vote of a member of the Legislature by bribery, promise of reward, intimidation, or any other dishonest means, shall be guilty of lobbying, 'which is hereby declared a felony; and it shall be the duty of the Legislature to provide, by law, for the punishment of this crime. Any member of the Legislature who shall be influenced, in his vote or action upon any matter pending before the Legislature, by any reward, or promise of future reward, shall be deemed guilty of a felony, and upon conviction thereof, in addition to such punishment as may be provided by law, shall be disfranchised and forever disqualified from holding any office or public trust. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or with having been influenced in his vote or action, as a member of the Legislature, by reward, or promise of future reward, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony. 86 Cal. 542; 105 Cal. 376; 146 Cal. 610. App. R. 1, 64, 65, 66,

Establish system of highways.

SEC. 36. The Legislature shall have power to establish a system of State highways or to declare any road a State highway, and to pass all laws necessary or proper to construct and maintain the same, and to extend aid for the construction and maintenance in whole or in part of any county highway. [New section; adopted November 4, 1902.]

ARTICLE V.

EXECUTIVE DEPARTMENT.

Executive power vested in the Governor.

SECTION 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of California.

[Constitution of 1849, Art. V, § 1.]

61 Cal. 323; 148 Cal. 504.

Election and term of office of Governor.

SEC. 2. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Assembly, and shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his successor is elected and qualified.

[Constitution of 1849, Art. V, § 2.]

56 Cal. 101; 62 Cal. 569; 99 Cal. 45; 114 Cal. 169.

Qualifications of Governor.

SEC. 3. No person shall be eligible to the office of Governor who has not been a citizen of the United States and a resident of this State five years next preceding his election, and attained the age of twenty-five years at the time of such election.

[Constitution of 1849, Art. V, § 3.]

Election of Governor, how made known.

SEC. 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the Legislature. The person having the highest number of

votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint vote of both houses, choose one of such persons so having an equal and the highest number of votes for Governor.

[Constitution of 1849, Art. V, § 4.]

Governor to be commander-in-chief.

SEC. 5. The Governor shall be commander-in-chief of the militia, the army and navy of this State. [Constitution of 1849, Art. V, § 5.]

Governor to transact executive business.

SEC. 6. He shall transact all executive business with the officers of government, civil and military, and may require information, in writing, from the officers of the executive department upon any subject relating to the duties of their respective offices. [Constitution of 1849, Art. V, § 6.]

Governor to execute the laws.

SEC. 7. He shall see that the laws are faithfully executed. [Constitution of 1849, Art. V, § 7.]

148 Cal. 504.

Governor to fill vacancies.

SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and law for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

[Constitution of 1849, Art. V, § 8.]

3 Cal. 502; 7 Cal. 519; 37 Cal. 614; 49 Cal. 407; 62 Cal. 568; 66 Cal. 655; 67 Cal. 119; 87 Cal. 475; 93 Cal. 155; 107 Cal. 239; 110 Cal. 453; 114 Cal. 170, 174; 121 Cal. 546; 123 Cal. 309; 127 Cal. 397; 143 Cal. 417.

Governor may call extra session of Legislature.

SEC. 9. He may, on extraordinary occasions, convene the Legislature by proclamation, stating the purposes for which he has convened it; and when so convened it shall have no power to legislate on any subject other than those specified in the procla

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