power. SEC. 12. The military shall be subordinate to the civil Military power. No standing army shall be kept up by this State in time of peace; and, in time of war, no appropriation for a standing army shall be for a longer time than two years. of soldiers. SEC. 13. No soldier shall, in time of peace, be quar- Quartering tered in any house without the consent of the owner; nor in time of war, except in the manner to be prescribed by law. tation. SEC. 14. Representation shall be apportioned accord- Represening to population. SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace. NOTE.-A sum ordered to be paid pending a divorce suit for counsel fees, etc., is not a debt within the meaning of the Constitution.-Ex Parte Perkins, 18 Cal., p. 60. In a suit to recover money received by a person as agent, such person cannot be arrested without showing fraudulent conduct on his part, or a demand upon him by the principal and a refusal by him to pay.-In the matter of Holdforth, 1 Cal., p. 438; see, also, Soule vs. Hayward, 1 Cal., p. 345. SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. NOTE.-Obligation of contracts.-San Francisco vs. Beideman, 17 Cal., p. 443; McCauley vs. Brooks, 16 Cal., p. 11; Montgomery vs. Kasson, 16 Cal., p. 189; McDaniel vs. Yuba County, 14 Cal., p. 444; Thornton vs. Hooper, 14 Cal., p. 9; Robinson vs. Magee, 9 Cal., p. 81; People vs. Woods, 7 Cal., p. 579; Dewey vs. Lambier, 7 Cal., p. 347; Stafford vs. Lick, 7 Cal., p. 479; Hunsaker vs. Borden, 5 Cal., p. 288; Smith vs. Morse, 2 Cal., p. 524. There is no difference in the inviolability of a contract between the grant of property to an individual and a like grant to a municipal corporation.-Grogan vs. San Francisco, 18 Cal., p. 590. A legislative grant is an executed contract; it cannot be destroyed nor the estate divested by any subsequent legislative enactment.-Grogan vs. San Francisco, 18 Cal., p. 590. If, when a judgment is Imprisondebt. ment for Laws prohibited. rendered, judicial sales are absolute and before a sale under the judgment takes place a law is passed allowing time for redemption, such law does not impair the obligation of contracts.-Moore vs. Martin, 38 Cal., p. 428. The Act of 1858 (Stats. 1858, p. 345), which provides that a person ousted from the possession of land in an action at law by a person claiming title under a foreign grant, which shall thereafter be rejected or so located as not to include the land recovered, may have his action against the plaintiff in the former action and the person in possession of the land, to recover back the possession of the land, together with the rents and profits thereof from the time he was so ousted, etc. In Rich vs. Maples, 33 Cal., p. 107, it was held that this Act was unconstitutional. The "Settlers Act" of 1856 held unconstitutional.-Billings vs. Hall, 7 Cal., p. 1. Statute of Limitations. Part of eleventh section of Act of 1856 (Stats. 1856, p. 56,) declared unconstitutional.-Lathrop vs. Mills, 19 Cal., p. 513. An Act of the Legislature divesting the title of the purchaser of property previously mortgaged by his grantor, by a foreclosure suit in which the mortgagor was alone defendant, would not be constitutional.-Skinner vs. Buck, 29 Cal., p. 253. An Act denying the right of sale under execution for the enforcement of a contract would probably be a vital assault upon the obligation of the contract; but a repeal of the right of redemption does not impair the obligation of the contract. The right to redeem is no part of the contract.-Tuolumne Redemption Co. vs. Sedgewick, 15 Cal., p. 515. The grant of a ferry, bridge, or road franchise does not carry with it a restriction upon the granting power to make similar grants to other grantees, though the last grant decreases the value of the first.-Indian Cañon Road Co. vs. Robinson, 13 Cal., p. 519. Funding Act. Sharp vs. Contra Costa Co., 34 Cal., p. 291. The provision in a funding Act making it the duty of the county authorities to levy a certain rate of taxes annually as a Sinking Fund, enters into the contract, and cannot be repealed.-English vs. Supervisors of Sacramento, 19 Cal., p. 172. In McDonald vs. Maddux, 11 Cal., p. 187, it was held that the Act of 1854, to fund the debt of Sacramento County, and which forbade the redemption of any warrants which accrued prior to a certain date, was valid. If the right of the holder of county warrants to payment thereof has been fixed by presentation, there being money for such payment then in the Treasury, he cannot be divested of that right by a subsequent Act of the Legislature.-Laforge vs. SEC. 17. Magee, 6 Cal., p. 650. An Act creating a Board of foreigners. Foreigners who are or who may hereafter Rights of became bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens. NOTE. This section gives bona fide resident aliens certain rights which may be enlarged but which cannot be abridged by the Legislature.-State vs. Rogers, 13 Cal., p. 159. This section only removes the common law disability from aliens who are bona fide residents within the State.-Norris vs. Hoyt, 18 Cal., p. 217. prohibited. SEC. 18. Neither slavery nor involuntary servitude, Slavery unless for the punishment of crime, shall ever be tolerated in this State. warrants. SEC. 19. The right of the people to be secure in their Search persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue, but for probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. SEC. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be con 49-VOL. II.-POL. Treason defined, and how punished. victed of treason, unless on the evidence of two witnesses to the same overt act, or confession in open Court. Popular SEC. 21. This enumeration of rights shall not be conrights retained by strued to impair or deny others retained by the people. the people.; SEC. 22. The Legislature shall have no power to make an appropriation, for any purpose whatever, for a longer period than two years. Who are or may be electors. Privileges of electors. ARTICLE II. RIGHT OF SUFFRAGE. SECTION 1. Who are or may be electors. 2. Privileges of electors. 3. Militia duty, when not to be performed by electors. 4. Residence of voters, gained or lost. 5. Who are not electors. 6. Election by ballot. SECTION 1. Every white male citizen of the United States, and every white male citizen of Mexico who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the thirteenth day of May, eighteen hundred and forty-eight, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law; provided, that nothing herein contained shall be construed to prevent the Legislature, by a twothirds concurrent vote, from admitting to the right of suffrage Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and proper. NOTE.-Soldiers' veto cases.-Bourland vs. Hildreth, 26 Cal., p. 162; Day vs. Jones, 31 Cal., p. 261. SEC. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. SEC. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. NOTE. The mere residence or sojourn of a soldier in a county does not make him a citizen. Such residence or sojourn neither creates nor destroys citizenship, but leaves the political status where it was before.-Orman vs. Riley, 15 Cal., p. 48. not electors SEC. 5. No idiot or insane person, or person convicted Who are of any infamous crime, shall be entitled to the privileges of an elector. All elections by the people shall be by ballot. Election by ballot. ARTICLE III. DISTRIBUTION OF POWERS. SECTION 1. Three separate departments. separate depart ments. SECTION 1. The powers of the Government of the State Three of California shall be divided into three separate departments: the Legislative, the Executive, and Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted. NOTE.-The Legislature cannot exercise judicial functions. That portion of the Act prescribing that no injunction shall be issued against the Commission |