SECTION 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 subjects other than those specified in the proclamation, but may provide for the expenses of the session and other matters incidental thereto.

Const. 1849, Art. V, Sec. 9.

The senate in extra session may confirm an appointment made by the governor; such confirmation is not legislation. People v. Blanding, 63 Cal. 333.

SECTION 10. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters as he shall deem expedient.

Const. 1849, Art. V, Sec. 10.

SECTION 11. In case of a disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next legislature.

Const. 1849, Art. V, Sec. 11.

SECTION 12. No person shall, while holding any office under the United States or this state, exercise the office of governor except as hereinafter expressly provided.

Const. 1849, Art. V, Sec. 12.

SECTION 13. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called "The Great Seal of the State of California."

Const. 1849, Art. V, Sec. 14.

SECTION 14. All grants and commissions shall be in the name and by the authority of the people of the state of California, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state,

Const. 1849, Art. V, Sec. 15.

SECTION 15. A lieutenant governor shall be elected at the same time and places, and in the same manner, as the governor; and his term of office and his qualifications of eligibility

shall also be the same. He shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability shall cease. The lieutenant governor shall be disqualified from holding any other office, except as specially provided in this constitution, during the term for which he shall have been elected.

Const. 1849, Art. V, Sec. 16.

See cases cited under section 2 of this article.

SECTION 16. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military force of the state.

Const. 1849, Art. V, Sec. 17.

See cases cited under sections one and two of this article.

SECTION 17. A secretary of state, a controller, a treasurer, an attorney general and a surveyor general shall be elected at the same time and places, and in the same manner as the governor and lieutenant governor, and their terms of office shall be the same as that of the governor.

Const. 1849, Art. V, Sec. 18.

Referred to in Barton v. Kalloch, 56 Cal. 101.

SECTION 18. The secretary of state shall keep a correct record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as may be assigned him by law.

Const. 1849, Art. V, Sec. 19.

119 232

120 401 121 267

SECTION 19. The governor, lieutenant governor, secretary of state, controller, treasurer, attorney general and surveyor general shall, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected, which compensation is hereby fixed for the following officers for the two terms next ensuing the adoption of this constitution, as follows: Governor, six thousand dollars per aunum; lieutenant governor, the same per diem as may be provided by law for the speaker of the assembly, to be allowed only during the session of the legislature; the secretary of state, controller, treasurer, attorney general and surveyor general, three thousand dollars each per annum, such compensation to be in full for all services by them respectively rendered in any official capacity or employment whatsoever during their respective terms of office; provided, however, that the legislature, after the expiration of the terms herein before mentioned, may, by law,diminish the compensation of any or all of such officers, but in no case shall have the power to increase the same above the sums hereby fixed by this constitution. No salary shall be authorized by law for clerical service, in any office provided for in this article, exceeding sixteen hundred dollars per annum for each clerk employed. The legislature may, in its discretion, abolish the office of surveyor general; and none of the officers herein before named shall receive for their own use any fees, or perquisites for the performance of any official duty.

Const. 1849, Art. V, Sec. 21.

Referred to in Kirkwood v, Soto, 87 Cal. 396.

SECTION 20. The governor shall not, during his term of office, be elected a senator to the senate of the United States.

ARTICLE VI,

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of the state shall be vested in the senate sitting as a court of impeachment, in a Supreme Court, Superior Courts, justices of the peace, and such inferior courts as the legislature may establish in any incorporated city or town, or city and county.

Const. 1849, Art. VI, Sec. 1.

Although inferior courts in incorporated cities can only be established by the constitution, and their jurisdiction, powers and duties must be fixed by the legislature, still a valid provision for filling vacancies may be made in a charter. And where a mayor is authorized to fill vacancies, he may fill a vacancy in the office of justice of the peace. People v. Sands, 35 Pac. Rep. 330.

Police courts cannot be lawfully established by a city charter which is only approved by a majority of the members elected to both houses under section 8, article XI. Such courts can only be established by bill, as provided in sections 15, 16, article IV. People v. Toal, 85 Cal. 333. Beatty, C. J., dissenting.

The act of March 5, 1889, (Stats. p. 62) creating the police court in the city and county of San Francisco, is not unconstitutional as assuming to make the former judges the judges of a new court, but added to existing courts another judge. Ex parte Lloyd, 78 Cal. 421. [See also note Sec. 25, Art. IV, Par. 28.]

It is not unconstitutional to apply the word "court" to a tribunal presided over by a police judge. It is an inferior court, which the legislature may establish in any incorporated city or town, or city and county. So held with reference to commitment of criminal minors to non-sectarian charitable institutions in pursuance of section 1388, Penal Code. Boys' and Girls' Aid Society v. Reis, 71 Cal. 627.

A police judge is a judicial officer, but he is also a municipal officer. Ex parte Henry, 62 Cal. 557.

Justices of the peace constitute a most important part of the judicial department. They are among the officers to be elected in 1879, and on even numbered years thereafter. (Section 10, article XXII; section 20, article XX.) Their numbers, powers, and duties and liabilites are to be fixed by the legislature. (Secs. 1, 11, article VI.) The amendments to Political Code, section 1041, (Amendments 1880, p. 77) and sections 83, 103, 110, C. C. P., (Amendments 1880, p. 21) relating to election, etc., of said officers are valid and constitutional. Coggins v. City of Sacramento,

59 Cal. 599; People v. Ransom, 58 Id. 559; Bishop v. Council of Oakland, Id. 572; Jenks v. Same, Id. 576; McGrew v. Mayor, etc., 55 Id. 611.

The act of March 12, 1885, (Stats. p. 101, and Stats. 1889, p. 13) creating a commission, and the acts amendatory thereof and supplementary thereto, are not unconstitutional, as they do not confer upon the commission the power to decide or render judgment. People v. Hayne, 83 Cal. 111.

Referred to in relation to the three departments of government in Stande v. Election Commissioners, 61 Cal. 323, and for the purpose of distinguishing the case of People v. Toal, in Security Sav. Bank v. Hinton, 97 Cal. 216, and in dissenting opinion of Fox, J., in People v. Ah You, 82 Id. 343, to the effect that the legislature, as by this section authorized, has provided by general law for justices' courts in cities, and that the "Whitney act" is unconstitutional as special legislation, disagreeing with decision in People v. Henshaw, 73 Id. 507; and in Green v. Superior Court, 78 Id. 557, as to jurisdiction of misdemeanors.

SECTION 2. The Supreme Court shall consist of a chief justice and six associate justices. The court may sit in departments and in bank, and shall always be open for the transaction of business. There shall be two departments, denominated, respectively, department one and department two. The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time. The associate justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves or as ordered by the chief justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions hereinafter contained in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrenee of three justices shall be necessary to pronounce a judgment. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank. The order may