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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]

160 Cal. 581, 587 ; 167 Cal. 286, 288; 26 Cal. App. 123.

ARTICLE V.

EXECUTIVE DEPARTMENT. 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 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; 9 Cal. App. 154.

Who eligible.

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]

Transmission and publication of election returns.

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 th houses, ch one of such persons so having an equal and the highest number of votes for Governor. [Constitution of 1849, Art. V, $ 4]

Governor is 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 transacts all executive business-May require reports.

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) Responsible for execution of laws.

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

148 Cal. 504.

Vacancies filled by Governor.

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 the next election by the people. [Constitution of 1849, Art. V, $ 8]

3 Cal. 502; 7 Cal. 519 ; 37 Cal. 614; 49 Cal. 407; 552 Cal. 565, 568; 66 Cal. 655, 656; 67 Cal. 119; 87 Cal. 475; 93 Cal. 155, 156; 110 Cal. 453 ; 114 Cal. 170, 174; 121 Cal. 546; 123 Cal. 309; 127 Cal. 397; 143 Cal. 417; 9 Cal. App. 154, 159.

Extraordinary sessions of Legislature-Business thereat.

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 subjects other than those specified in the proclamation, but may provide for the expenses of the session, and other matters incidental thereto. [Constitution of 1849, Art. V, § 9]

63 Cal. 334 ; 130 Cal. 89; 146 Cal. 607.

Governor's message.

Sec. 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. [Constitution of 1849, Art. V, $ 10)

Adjournment of Legislature by Governor.

SEC. 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. [Constitution of 1849, Art. V, § 11]

Governor ineligible to other office.

SEC. 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. [Constitution of 1849, Art. V, § 12] The great seal.

SEC. 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.” [Constitution of 1849, Art. V, § 14] Grants and commissions-How signed and sealed.

SEC. 14. All grants and commissions shall be in the rame 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. [Constitution of 1849, Art. V, § 15]

151 Cal. 240; 156 Cal. 486; 6 Cal. App. 262. Lieutenant-Governor, election, term, qualifications and duties.

SEC. 15. A Lieutenant-Governor shall be elected at the same time and place, and in the same manner, as the Governor, and his term of office and his qualifications shall be the same. He shall be President of the Senate, but shall only have a casting vote therein. [Amendment adopted November 8, 1898]

Original text.-SEC. 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. [Constitution of 1849, Art. V, § 16)

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

Order of succession to office of Governor.

SEC. 16. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of his office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the LieutenantGovernor for the residue of the term, or until the disability shall cease. And should the Lieutenant-Governor 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 in the office of Governor shall be filled at the next general election when members of the Legislature shall be chosen, or until such disability of the Lieutenant-Governor shall cease. In case of a vacancy in the office of Governor for any of the reasons above named, and neither the Lieutenant-Governor nor the President pro tempore of the Senate succeed to the powers and duties of Governor, then the powers and duties of such office shall devolve upon the Speaker of the Assembly, until the office of Governor shall be filled at such general election. (Amendment adopted November 8, 1898]

9 Cal. App. 158. Original text.-SEC. 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. [Constitution of 1849, Art. V, § 17]

62 Cal. 569.

Other officers of State.

Sec. 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. L'Constitution of 1849, Art. V, § 18]

56 Cal. 101 ; 9 Cal. App. 154.

Duties of Secretary of State.

SEC. 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. [Constitution of 1849, Art. V, § 19] Compensation of executive officers.

SEC. 19. The Governor, Lieutenant-Governor, Secietary of State, Controller, Treasurer, Attorney-General and SurveyorGeneral 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, as follows: Governor, ten thousand dollars per annum; Lieutenant-Governor, four thousand dollars, the Secretary of State, Controller, Treasurer, and Surveyor-General, five thousand dollars each per annum, and the Attorney-General, six thousand dollars 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 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 eighteen 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. [Amendment adopted November 3, 1908]

9 Cal. App. 575 ; 24 Cal. App. Dec. 397. Original text.-SEC. 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 annum; 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,

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