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tion.” The Secretary of State is hereby authorized and required to furnish the Superintendent of State Printing a sufficient quantity of legal ballot paper, now on hand, to carry out the provisions of this section.

Sec. 6. The Clerks of the several counties in the State shall, at least five days before said election, cause to be delivered to the Inspectors of Election, at each election precinct or polling place in their respective counties, suitable registers, poll books, forms of return, and an equal number of the aforesaid ballots, which number, in the aggregate, must be ten times greater than the number of voters in the said election precincts or polling places. The returns of the number of votes cast at the Presidential election in the year eighteen hundred and seventysix shall serve as a basis of calculation for this and the preceding section; provided, that the duties in this and the preceding section imposed upon the Clerks of the respective coun: ties shall, in the City and County of San Francisco, be performed by the Registrar of Voters for said city and county.

Sec. 7. Every citizen of the United States, entitled by law to vote for members of the Assembly in this state, shall be entitled to vote for the adoption or rejection of this Constitution.

Sec. 8. The officers of the several counties of this State, whose duty it is, under the law, to receive and canvass the returns from the several precincts of their respective counties, as well as of the City and County of San Francisco, shall meet at the usual places of meeting for such purposes on the first Monday after said election. If, at the time of meeting, the returns from each precinct in the county in which the polls were opened have been received, the Board must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from time to time until all the returns are received, or until the second Monday after said election, when they shall proceed to make out returns of the votes cast for and against the new Constitution; and the proceedings of said Board shall be the same as those prescribed for like Boards in the case of an election for Governor. Upon the completion of said canvass and returns, the said Board shall immediately certify the same, in the usual form, to the Governor of the State of California.

Sec. 9. The Governor of the State of California shall, as soon as the returns of saià election shall be received by bim, or within thirty days after said election, in the presence and with the assistance of the Controller, Treasurer, and Secretary of State, open and compute all the returas received of votes cast for and against the new Constitution. If, by such examination and computation, it is ascertained that a majority of the whole number of votes cast at such election is in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California, and that it shall take effect and be in force on the days hereinafter specified.

Sec. 10. In order that future elections in this State shall conform to the requirements of this Constitution, the terms of all officers elected at the first election under the same shall be, respectively, one year shorter than the terms as fixd by law or by this Constitution; and the successors of all such officers shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen after the adoption of this Constitution shall be elected at the time and in the manner now provided by law. Judicial officers and the Superintendent of Public Instruction shall be elected at the time and in the manner that State officers are elected.

Sec. 11. All laws relative to the present judicial system of the State shall be applicable to the judicial system created by this Constitution until changed by legislation.

Sec. 12. This Constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock meridian, so far as the same relates to the election or all officers, the commencement vf their terms of office, and the meeting of the Legislature. In all other respects, and for all other purposes, this Constitution shall take effect on the first day of January, eighteen hundred and eighty, at twelve o'clock meridian.

J. P. HOGE, President.

Attest: EDWIN F. SMITH, Secretary.




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Article 1. Boundaries. 2. Bill of rights. 3. Distribution of powers. 4. Executive department. 5. Legisative department. 6. Judicial department. 7. Suffrage and elections. 8. State institutions. 9. Education, 10. Revenue. 11. Public indebtedness. 12. Officers. 13. Impeachments. 14. Counties. 15. Corporations. 16. Mining and Irrigation, 17. Militia. 18. Miscellaneous. 19. Future amendments.


Section 5. All elections shall be free and

open. 6. The courts shall be open and

justice administered without

sale or delay. 7. Unreasonable searches and seiz

ures forbidden. 8. How all persons shall be pro

ceeded against criminally. 9. Treason against the State de

fined. 10. Freedom of speech.- In prose

cutions for libel, the truth may

be given in evidence. 11. That no ex post facto law shall

be passed. 12. No person shall be imprisoned

for debt, unless. 13. The right to bear arms. 14. Private property not to be taken

for private use, except. 15. Private property not to be taken

for public or private use, with

out just compensation. 16. In all criminal prosecutions the

accused shall have the right to appear and defend in person

and with counsel. 17. Witnesses not to be unneces

sarily detained. 18. No person compelled to testify

against himself. -- NO person put in jeopardy twice for the

same offense. 19. Ball shall be accepted. except

for capital offenses. 20. Excessive bail or excessive fines

shall not be required, nor cruel · punishments inflicted.


Boundaries. 1. The boundaries of the State shall

be as follows.


Bill of Rights. 1. All political power is vested in

the people. 2. The people have the sole and ex

clusive right to govern them

selves. 3. They have certain inalienable

rights. 4. Freedom of religious thought

and worship.

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