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Divorces.

Lotteries.

Census.

Apportionment of

SEC. 26. No divorce shall be granted by the Legisla

ture.

SEC. 27. No lottery shall be allowed by this State, nor shall the sale of lottery tickets be allowed.

SEC. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the years one thousand eight hundred and fiftytwo and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.

SEC. 29. The number of Senators and members of Legislators Assembly shall, at the first session of the Legislature holden after the enumerations herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand; and, after that period, in such ratio that the whole number of members of Assembly shall never be less than thirty nor more than eighty.

Congressional,

and

Districts.

SEC. 30. When a Congressional, Senatorial, or AssemSenatorial, bly District shall be composed of two or more counties, Assembly it shall not be separated by any county belonging to another district. No county shall be divided in forming a Congressional, Senatorial, or Assembly District so as to attach one portion of a county to another county; but the Legislature may divide each county into as many Congressional, Senatorial, or Assembly Districts as such county may by apportionment be entitled to.

NOTE.-The Legislature may change Assembly districts so as to join two counties in one district.-People vs. Hill, 7 Cal., p. 97.

tions.

SEC. 31. Corporations may be formed under general Corporalaws, but shall not be created by special Act, except for municipal purposes. All general laws and special Acts passed pursuant to this section may be altered from time to time, or repealed.

NOTE.-The power of the Legislature to change the name of a corporation by special statute was considered, but not decided, in The Pacific Bank vs. De Ro, 37 Cal., p. 538. Exclusive franchises may be conferred by the Legislature upon persons or corporations, and no restriction upon this power is imposed by the Constitution, except as to the particular privileges specified therein. Hence it was held that the Act of May 3d, 1852, granting to Allen & Burnham the exclusive right to maintain a telegraph between Sacramento and San Francisco was constitutional.-Cal. State Tel. Co. vs. Alta Tel. Co., 22 Cal., p. 398.

SEC. 32. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.

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What are tions.

corpora

SEC. 33. The term corporations, as used in this Article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue Their and shall be subject to be sued in all Courts, in like cases duties. as natural persons.

SEC. 34. The Legislature shall have no power to pass any Act granting any charter for banking purposes, but associations may be formed, under general laws, for the deposit of gold and silver; but no such associations shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money.

powers and

Banks of authorized

deposit

Banks of

circulation

SEC. 35. The Legislature of this State shall prohibit by law any person or persons, association, company, or prohibited. corporation from exercising the privileges of banking or creating paper to circulate as money.

Individual

liability of

for debt.

SEC. 36. Each stockholder of a corporation or joint

corporators stock association shall be individually and personally liable for his proportion of all its debts and liabilities.

Organization of municipal corporations.

Legislative
elections
to be

viva voce.

Amondments to

Article

IV not to

affect

official

incum. bency.

NOTE. This section is not self executing; legislation is necessary to give it effect. The Legislature may not say that a stockholder shall not be liable for any of the debts of a corporation, but may say that he shall be liable for a portion and what that portion shall be. The same rate of liability must be imposed upon all stockholders, and the law must operate alike upon all corporations.-French vs. Teschemaker, 24 Cal., p. 539; same questions discussed in Robinson vs. Bidwell, 22 Cal., p. 379. An Act authorizing the formation of corporations without attaching an individual liability to the stockholders would be void.-French vs. Teschemaker, 24 Cal., p. 539. Persons contracting with a corporation may stipulate to waive the individual liability of the stockholders, and such stipulation is valid. French vs. Teschemaker, 24 Cal., p. 560; per Crocker, J., in Robinson vs. Bidwell, 22 Cal., p. 379.

SEC. 37. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.

NOTE.-The Legislature may authorize municipal corporations to pay claims equitable and just in themselves, but which are invalid in law.-Blanding vs. Burr, 13 Cal., p. 343. The Legislature may at pleasure increase, restrict, or repeal the powers of a municipal corporation, saving only vested rights.-Blanding vs. Burr, 13 Cal., p. 343. There is no constitutional inhibition against incorporating a portion of the inhabitants of a county as a city, or creating a county out of the territory of a city.—People vs. Hill, 7 Cal., p. 97.

SEC. 38. In all elections by the Legislature the members thereof shall vote viva voce, and the votes shall be entered on the journal.

SEC. 39. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to Article IV by the Legislature of eighteen hundred and sixty-one, no officer shall be suspended

or superseded thereby until the election and qualification of the several officers provided for in said amendments.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SECTION 1. Governor is vested with supreme executive power.

2. Election of Governor and term of office.

3. Qualifications and eligibility to the office.

4. Returns of, and counting, the votes for Governor.

5. Governor to be Commander in Chief.

6. Transact all executive business.

7. See to execution of the laws.

8. Fill vacancies not otherwise provided for.

9., Convene special sessions of the Legislature.

10. Executive messages.

11. Adjourn the Legislature when the Houses disagree.

12. Must not be Governor and hold other office.

13. Reprieves and pardons for offenses.

14. Keeper of" The great seal of the State of California."

15. Sign and seal grants and commissions.

16. Of the Lieutenant Governor.

17. When powers of Governor devolve on the Lieutenant
Governor.

18. Election and terms of other State officers.

19. Duties of Secretary of State.

20. Election of State officers for first term by Legislature;
thereafter, as in Section 18 provided.

21. Compensation. Not to be increased or diminished.

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.

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 in December subsequent to his election, and until his successor is elected and qualified.

SEC. 3. No person shall be eligible to the office of Governor (except at the first election) who has not been

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51—VOL. II.—POL.

Returns of and counting the votes for Governor.

Governor

Command

a citizen of the United States and a resident of this State
two years next preceding the election, and attained the
age of twenty-five years at the time of said election.

SEC. 4. The returns of every election for Governor
shall be sealed up and transmitted to the seat of govern-
ment, directed to the Speaker of the Assembly, who shall,
during the first week of the session, open and publish
them in presence of both Houses of the Legislature. The
person having the highest number of votes shall be Gov-
ernor; 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 said persons so
having an equal and the highest number of votes, for
Governor.

SEC. 5. The Governor shall be Commander in Chief of er in Chief. the militia, the army, and navy of this State.

Transact executive business.

See to execution

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.

SEC. 7. He shall see that the laws are faithfully exe

of the laws, cuted.

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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.

NOTE.-The power vested by this section applies only to vacancies occurring under circumstances when the original appointing (or electing) power cannot act, and is limited by the period when the original power can act.-Casserly vs. Fitch, 1 Cal., p. 519. The Governor has no power to appoint, under this section, when there is a person in possession of the office expressly authorized by statute or the Constitution to discharge its duties temporarily, until the power upon whom the duty of election or appointment is devolved can act.—

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