Page images
PDF
EPUB
[ocr errors]

ful heir, of which such deceased person died lawfully possessed, shall be sold to the highest bidders for cash, in quantities not exceeding six hundred and forty (640) acres each, and the proceeds divided equally among the lawful heirs.

SEC. 5. Actual occupation and continuous use for agricultural purposes during a period of one year shall constitute a title to the ownership of land in this State. Tracts of land of over six hundred and forty (640) acres in extent, which shall remain unoccupied and unused for agricultural purposes during a period of one year, shall be open to the occupation and use of citizens of the United States, in quantities not exceeding one hundred and sixty (160) acres; provided, if it shall appear that any other person has previous title to such tract of land, the party occupying and using the same shall pay to said person the assessed value of the property.

SEC. 6. No more than one hundred and sixty (160) acres of land shall hereafter be granted or patented by the State, in any manner, to any one person. No grant or patent of lands by the State shall hereafter be made otherwise than upon the basis of actual settlement and use. No land scrip or land location certificates shall ever be issued in this State.. Referred to the Committee on Land and Homestead Exemption.

THE OWNERSHIP OF WATER.

MR. O'SULLIVAN introduced the following proposed amendment to the Constitution, relative to rivers and lakes:

Resolved, That the persistent attempts to monopolize Nature's free gift to all, water, demand the insertion of the following emphatic declaration in the Constitution:

SECTION 1. All the rivers and fresh water lakes within the boundaries

Fifth-To prescribe such rules for the government and control of such railroad, and other incorporated companies, as may be necessary to protect the people of the State against unjust exactions, favoritism, and

other discriminations.

Sixth-To file in the office of the County Clerk of each of the several counties of this State a schedule of freights and fares as fixed by said Board, as often as the same shall be changed, showing the classifications and rates to be charged for each class; and it shall be lawful for all railroad companies in this State to charge and receive the rates fixed upon by such Board for freight and for passenger fare, and none other. Seventh-The Board shall have such further powers and shall perform such further duties as may be prescribed by law.

SEC.

The Board of Supervisors shall keep an office at the Capitol of the State, and shall meet as often as the public good may require, but not less often than once in each month. It shall organize by electing a President and Vice President from its own members, and a Secretary, who may or may not be taken from its own members. Four members shall constitute a quorum to transact business.

SEC. The five members of the Board, to be elected as herein provided, shall receive as compensation for their services each the sum of dollars per annum, payable as the salaries of other State officers are paid, and the further sum of cents per mile for every mile necessarily traveled in the performance of their duties. Each member, before entering upon the discharge of the duties of his office, shall take the accustomed oath of office. Referred to Committee on Miscellaneous Subjects. CONCERNING VACANCIES IN OFFICE.

of this State are common property, and shall be controlled by the gov- the Constitution, concerning vacancies in office: ernment for public uses alone.

Referred to the Committee on Water and Water Rights.

[blocks in formation]

No person shall have the right to vote, or be eligible to office under the Constitution of this State, who shall not be able to read the Constitution of this State and write his name; provided, however, that the provisions of this amendment shall not apply to any person prevented by physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward at the time this amendment shall take effect. Referred to the Committee on Privileges and Elections.

DECLARATION OF RIGHTS.

MR. REED introduced the following proposed amendment to the Constitution:

SECTION. No money shall be drawn from the State treasury for the benefit of any religious or theological institution. Referred to the Committee on Preamble and Bill of Rights.

POWERS AND DUTIES OF CERTAIN CORPORATIONS.

MR. RHODES introduced the following proposed amendments to the Constitution, creating a Board to supervise and prescribe the duties, powers, and liabilities of certain corporations, and for other purposes: Resolved, That the following sections be appropriately numbered and incorporated into the proposed Constitution: SECTION.

A State Board of Supervisors shall be formed, to consist of seven members. The Attorney-General and the Surveyor-General shall be ex officio members of such Board. One member shall be elected by the qualified voters of the State at large, and one member in each Congressional District by the qualified voters thereof. The five Supervisors to be elected as herein provided, shall be elected at the same time as the Governor of the State, and shall hold their office for the term of four years, and until their successors shall have been elected and qualified.

SEC. No person shall be elected Supervisor who, at the time of his election, is a stockholder in, or officer or employé of any banking company, insurance company, railroad company, or other incorporated company doing business in this State for profit. When any Supervisor, elected as provided in section of this article, shall become interested, either as stockholder, officer, or employé of any company named in this section, he shall thereby become ineligible as a member of the Board of Supervisors, and his seat therein shall then become vacant. SEC.. The Governor of the State shall, by appointment, fill any vacancy occurring in the Board of Supervisors, but in making such appointment no Congressional District shall be deprived of its representative in the Board. The person so appointed shall hold his office until the next general election, and until his successor is elected and qualified.

SEC. The State Board of Supervisors shall have power, and it shall be the duty of the Board:

MR. SHOEMAKER introduced the following proposed amendment to Amend section eight, article five, of the Constitution, so as to read as follows:

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 the power to fill such vacancy for the unexpired term, if an executive office; if a United States Senator, he shall fill the vacancy by granting a commission which shall expire at the end of the next session of the Legislature; if a judicial officer, he shall fill such vacancy by issuing a commission until the next election for judicial officers, when an election shall be had for the unexpired term. Referred to the Committee on Executive Department.

CONCERNING THE VETO POWER.

MR. SHOEMAKER introduced the following proposed amendment to the Constitution, concerning the veto power:

Amend section sixteen, article five, of the Constitution, so as to read as follows:

SEC. 16. The Governor shall have the power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto.

Referred to the Committee on Executive Department.

CONCERNING TAXATION.

MR. SHOEMAKER introduced the following proposed amendment to the Constitution, concerning taxation: Amend section thirteen, article eleven, of the Constitution, so as to read as follows:

SEC. 13. Taxation shall be uniform and equal throughout the State. All property of every kind and character, whether land, notes, certificates of deposit, bonds, or other securities in this State, shall be taxed in proportion to its value, to be ascertained as directed by law; but Assessors and Collectors of State, county, city, town, or district taxes, shall be elected or appointed, as the Legislature may direct.

Referred to the Committee on Revenue and Taxation.
MR. SMITH, of Kern. I rise to a point of order. There are more
than two propositions.
MR. SHOEMAKER. They only relate to one subject.
Objection withdrawn.

TAXATION OF CORPORATE PROPERTY.

MR. SHOEMAKER also introduced the following amendment to section fourteen, article eleven, of the Constitution, relative to taxing corporations: read as follows: Amend section fourteen, article eleven, of the Constitution, so as to

SEC. 14. The power to tax corporations and corporate property, or to regulate the affairs thereof, shall not be surrendered or suspended by any contract or grant to which the State may be a party. Referred to the Committee on Legislative Department.

PAY OF STATE OFFICERS.

MR. SHOEMAKER also introduced the following proposed amendto the Constitution, relating to the compensation of State officers: Amend section twenty-one, article five, of the Constitution, so as to read as follows:

First-To sit as a State Board of Equalization, to equalize and adjustment assessinents made in the several counties of the State for the purpose of taxation, under regulations to be prescribed by law.

law.

Second-To supervise the public institutions of the State, and exercise such powers in relation thereto as may be conferred upon the Board by Third-To examine into and report upon the condition of all banking institutions, insurance companies, and other incorporated companies doing business for profit in the State, exercising therein, among other functions, those of Bank Commissioner and Insurance Commissioner. Fourth-To fix and determine rates to be charged for freights and fares by all railroad companies within this State, and to classify the different commodities carried as freight on such railroads.

SEC. 21. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, and Superintendent of Public Instruction shall each, 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, but neither of those officers shall receive for his own use any fees for the performance of his official duties. The Attorney-General shall not practice in any Court other than the Supreme Court, except in the discharge of his official duties.

Referred to the Committee on Legislative Department.

[ocr errors]

THE PREAMBLE.

MR. SHURTLEFF introduced the following resolution, in reference to

the Preamble to the Constitution:

Resolved, That the Preamble in the present Constitution of this State is concise, appropriate, and comprehensive, and that it is the sense of this Convention that it should be incorporated in the new Constitution Referred to the Committee on Preamble and Rill of Rights.

without alteration or amendment.

RESTRICTIONS ON THE LEGISLATURE.

MR. SMITH, of Santa Clara, introduced the following proposed amendment to the Constitution:

into the propriety of incorporating into the Constitution the following The Committee of the Legislative Department be requested to inquire provision:

The Legislature shall not ratify any amendments proposed by Congress to the Constitution of the United States until after the same shall have been submitted to the voters of the State at a general election, and be ratified by a majority of said voters.

Referred to the Committee on Legislative Department.

REDEMPTION AFTER TAX SALES.

MR. SMITH, of Santa Clara, introduced the following proposed amendment to the Constitution, relating to redemption from tax sales of real estate:

The Legislature shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes, or special assessments for State, county, municipal, or other purpose, that a return of such unpaid taxes or assessments shall be made to some general officer of the county, having authority to receive State and county taxes, and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order or judgment of some Court of record. The right of redemption from all sales of real estate for the non-payment of taxes, or special assessments of any character whatever, shall exist in favor of owners and persons interested in real estate for a period of not less than two years from such sales thereof. And the Legislature shall provide by law for a reasonable notice to be given to the owners or parties interested, by publication in the nearest newspaper of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire; provided, the occupants shall in all cases be served with personal notice before the time of redemption expires. Referred to the Committee on Revenue and Taxation.

A JUDICIAL DEPARTMENT.

MR. SMITH, of Kern, introduced the following proposed amendment to the Constitution, in relation to the Judicial Department: Proposed amendment to article six of the Constitution, on the Judiciary: ARTICLE VI.

SEC. 4. The Supreme Court in bank shall have appellate jurisdiction from the three sections of the Supreme Court, in the following cases:

First-In cases where a construction of the Federal or State Constitu

tion was in dispute, or in which the constitutionality of any statute or
municipal ordinance was necessarily in dispute and decided.
Supreme Court dissents from the decision of the majority of that section,
and gives a written opinion showing the reasons of his dissent.

Second-In cases where one of the Justices of one of the sections of the

Third-In cases where either of said sections overrules a prior decision of the highest Court of the State not previously overruled by the same Court.

Fourth-In cases where one of said sections decides a principle con-
Court where the judgment is death or imprisonment for life.
trary to the decision of another of said sections.
Fifth-In all criminal cases determined in either section of the Supreme

Sixth-To such other cases of rare importance as the Legislature may
by law prescribe. The Supreme Court in bank, and in said sections,
shall also have power to issue writs of mandamus, certiorari, prohibition,
and habeas corpus, and also all writs necessary and proper to the com-
plete exercise of its appellate jurisdiction, both in bank and in sections.
Each of the Justices shall have the power to issue writs of habeas corpus
to any part of the State, upon petition by or on behalf of any person
held in actual custody, and may make such writs returnable before him-
self or in the Supreme Court, either in bank or in any section, or before
any District Court. The Supreme Court in its several sections shall
have appellate jurisdiction, in all cases arising in the District Courts for
the counties within the respective Supreme Judicial Districts, to the
sections within such Supreme Judicial Districts respectively; but cases
may be transferred from one section or Supreme Judicial District to
another section or district whenever it may be deemed proper by a
majority of the Justices of the section, or by virtue of such further regu-
lations as the Legislature may prescribe, or by the consent and written
stipulation of the parties to the cause, through their respective attorneys
at law.
SEC. 5. The State shall be divided as equally as practicable according
to population, without dividing a county, except where a county may
form more than one district, into three judicial districts, to be known as
Supreme Judicial Districts, and numbered from one to three. One of
said sections shall hold its sessions and transact its business at a locality
in such of said judicial districts which, as the Legislature shall prescribe,
shall be most accessible from all parts of each district as may be, and be
nearest to the greatest population and amount of business in each dis-
trict. Until the Legislature shall by law select other localities, the City
of Sacramento, the City and County of San Francisco, and the City of
Los Angeles, respectively, shall be the localities where said sections shall
hold their sessions and transact their business in their judicial districts.
Until a reapportionment of the State, and the Legislature shall reform
the Supreme Judicial Districts upon said reapportionment, they shall be
as follows: The First Supreme Judicial District shall be composed of
the Counties of; the Second Supreme Judicial District shall be com-
posed of the City and County of San Francisco: and the Third Supreme

SECTION 1. The judicial power of this State shall be vested in a
Supreme Court, in District Courts, in Municipal Courts, in Justices of
the Peace, and in such other inferior Courts as the Legislature may estab-Judicial District shall be composed of the Counties of —.
lish in any incorporated city or town.

SEC. 6. Each county is a judicial district for District Courts, for which District Judges shall be elected by the qualified electors of the county, or city and county, at the general State election next after the adoption of this Constitution; provided, that in every county, or city and county, containing less than twenty thousand inhabitants, shall elect one Distwenty thousand inhabitants, may elect such further number of District Judges as shall be prescribed by law, not exceeding one for every twenty thousand inhabitants and one for such fraction as shall exceed ten thousand, which shall be the number for the purposes of the next election. Where there is more than one such Court in a county, or city and county, they shall be numbered as the Legislature shall direct. The District Judges shall hold their offices for the term of ten years from the first Monday of January, A. D. eighteen hundred and seventy-nine. In districts where there shall be more than one District Judge, a Presiding Judge shall be elected by lot, who shall distribute the labor performed by each. Each District Court shall be held by one District Judge, and the Courts shall be separate, but the judgments and orders of each shall be entered and enforced as of the District Court of each county, or city and county.

SEC. 2. The Supreme Court shall consist of a Chief Justice and eight Associate Justices. For appellate jurisdiction from the District Courts, the Supreme Court shall be divided into three sections of three Justices each; and for appellate jurisdiction from said sections, the said Justices to preside in bank. The presence of five Justices in bank shall be neces-trict Judge. Counties, or cities and counties, containing more than sary for the transaction of the business of the Supreme Court in bank, except such business as may be done at chambers, and the concurrence of five Justices in bank shall be necessary to pronounce a judgment therein. The presence of two Justices sitting in each section of the Supreme Court shall be necessary for the transaction of the business of a section, except such business as may be done at chambers; and the concurrence of two Justices in a section shall be necessary to pronounce a judgment therein. When only two Justices sit in the hearing of any case in a section of the Court, and they disagree, and the case is not appealed to the Supreme Court in bank, the judgment below shall stand affirmed. Each Justice shall preside with the section of the Court which is within the Supreme Judicial District in which he was elected, except when presiding in bank, and except when called upon for temporary purpose to preside in another section by the Justice of another section. The powers and jurisdiction of each of said sections shall be equal and concurrent.

SEC. 7. The District Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessinent, toll, or municipal fine, and in all other cases in which the demand, exclusive criminal cases not otherwise provided for; also in actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and all such special cases and proceedings as are not otherwise provided for; also of all matters of probate; and said Courts shall have the powers of naturalization and to issue papers therefor. Said Courts and their Judges shall have the power to issue writs of habeas corpus, on petition by or on behalf of any person in actual custody, in their respective counties. Said Courts shall be always open (legal holidays and non-judicial days excepted, and during such vacations as the Legislature may see proper to grant, never to exceed fifteen days), and their original jurisdiction shall extend to all parts of the State. They shall have appellate jurisdiction in all cases arising in Municipal Courts, in all criminal cases arising in Justices of the Peace, and such other inferior Courts as the Legislature may establish in incorporated cities and towns, and in all civil cases arising in such inferior Courts, in which the demand, exclusive of interest, exceeds the sum of one hundred dollars; all of said appeals to be taken only on questions of law, and only to the District Court of the county in which the appeal is taken. The said District Courts shall also have power to issue writs of mandamus,

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State, by districts, as hereinafter provided, at the general State elections. The first election for Justices of the Su-of interest, amounts to three hundred and fifty dollars; and in all preme Court shall be held on the first Wednesday in September, in the year eighteen hundred and seventy-nine. The Justices shall hold their offices for the term of twenty years from the first Monday in January next after their election, except that those elected in each Supreme Judicial District at the first election, who, at their first meeting, shall so classify themselves by lot that one Justice in each section shall go out of office in the year eighteen hundred and eighty-four, and every four years thereafter. The Justice having the shortest time to serve in the section to which he belongs, shall be the presiding Justice of that section of the Supreme Court. In case of a vacancy from any cause in the office of Justice of the Supreme Court, the Governor shall appoint some suitable person, resident of the same Supreme Judicial District, to fill such vacancy, who shall hold the place made vacant for the unexpired time for which the former incumbent was elected, or, by lot, was chosen. The Chief Justice shall be chosen by a majority of the Justices in bank, from the presiding Justices of the sections, at the first meeting and organization of the Supreme Court in bank, and thereafter at the expiration of the term of office of the Chief Justice as a Justice of the Supreme Court, and to fill any vacancy in the office of Chief Justice.

injunction, prohibition, certiorari, quo warranto, and all other writs necessary and proper to complete the exercise of their jurisdiction. In case of sickness, absence, or other incapacity of a District Judge, his Court may be held by any other District Judge of the State.

SEC. 8. Each city, town, and village in the State, having over five hundred inhabitants shall have as many Municipal Courts, and there shall be established in towns and villages having five hundred inhabitants and under, and in townships and districts outside of towns, cities, and villages, such Justices of the Peace as the Legislature shall prescribe. The jurisdiction of Municipal Courts shall extend to all cases where the amount in controversy, exclusive of interest, does not exceed three hundred and fifty dollars; to cases of forcible entry and detainer, their jurisdiction shall be concurrent with that of the District Courts; to the foreclosure of mechanics' liens and mortgages, where the amount claimed, exclusive of interest, does not exceed three hundred and fifty dollars; and to such cases of misdemeanor and special cases as shall be fixed by law. The jurisdiction of Justices of the Peace shall extend to all cases where the amount claimed does not exceed one hundred dollars, exclusive of interest, and to such cases of misdemeanor and special cases as may be provided by law. Judges of Municipal Courts shall hold their offices for four years, and Justices of the Peace shall hold their offices for two years.

SEC. 9. The Supreme Court, the District Courts, and such other Courts as the Legislature may declare, shall be Courts of record. The Legislature shall fix by law the jurisdiction of such inferior Courts as it may establish in incorporated cities and towns, and shall fix by law the powers, duties, and responsibilities of the Judges thereof; provided, that the jurisdiction of such inferior Courts shall extend to the trial of misdemeanors and cases arising under ordinances of such cities and towns. The times and places of holding the several Courts of record, except as herein provided, shall be provided by law. No judicial officer, except Justices of the Peace, Justices or Judges of such inferior Courts as may be established in incorporated cities and towns, and Commissioners, shall receive to his own use any fees or perquisites of office.

SEC. 10. The unfinished business remaining in the Probate Court of the City and County of San Francisco shall be apportioned between the several District Courts therein established under this Constitution, in such manner as the Legislature shall direct.

ARTICLE X.

SECTION 1. Corporations inay be formed under general laws, but shall not be created by special Act. All general laws passed pursuant to this section may be altered from time to time or repealed.

SEC. 2. Each stockholder shall be individually and personally liable for his proportion of all debts and liabilities of a corporation created or incurred while he remains such stockholder.

SEC. 3. The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the Legislature from taking the property and franchises of corporations and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well-being of the State.

SEC. 4. In all elections for Directors or managers of any incorporated company, each shareholder shall have the right to cast as many votes in the aggregate as shall equal the number of shares so held by him or her in said company, multiplied by the number of Directors or managers to be elected at such election; and each shareholder may cast the whole number of votes, either in person or by proxy, for one candidate, or distribute such votes among two or more candidates; and such Directors or managers shall not be elected in any other manner.

SEC. 5. No corporation shall engage in any business other than that expressly authorized in its charter; nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business. SEC. 6. No corporation shall issue stocks or bonds, except for money, labor done, or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock of corporations shall not be increased, except in pursuance of general law, nor without the consent of the persons holding the two thirds in value of the stock, first obtained at a meeting to be held, after sixty days' notice given in pur

suance of law.

SEC. 7. No railroad or telegraph company shall consolidate with or hold an interest in the stock or bonds of any other railroad or telegraph company; nor shall the same persons be officers in corporations owning competing lines of railroads or telegraphs.

SEC. 11. The Supreme Court and the District Courts now in existence SEC. 8. No railroad or telegraph company shall lease or in any manare continued until the first Monday in January, A. D. eighteen hun- ner manage or control the railroad or telegraph line of another company. dred and seventy-nine, but after said first Monday in January next SEC. 9. All individuals, associations, and corporations shall have their powers shall only extend to the determination of such cases or equal rights to have persons and property transported over railroads, proceedings pending therein as may have been submitted for decision and no undue or unreasonable discrimination shall be made in charges prior to that time; and for that purpose the Justices and Judges of said for or in facilities for transportation of freight or passengers within the Courts shall hold their offices until the first day of April, A. D. eighteen State. Persons and property transported over any railroad shall be hundred and seventy but said Justices and Judges shall not, by delivered at any station at charges not exceeding the charges for transreason of so holding over, be ineligible to hold any office under this Con-portation of persons and property of the same class in the same direction, stitution during said holding over. to any more distant station; but excursion and commutation tickets may be issued at special rates.

SEC. 12. The Justices of the Supreme Court shall appoint a Reporter of the decisions of the Supreme Court rendered in each of the sections thereof, and in bank, who shall receive an annual salary of two thousand dollars.

SEC. 13. The Legislature shall provide for the speedy publication of such opinions of the Supreme Court as it may deem expedient; and all opinions shall be free for publication by any person.

SEC. 14. The Justices of the Supreme Court and the District Judges shall be ineligible to any other office than a judicial office during the term for which they shall have been elected, except in case of resignation, and then not until two years after such resignation. In addition to the oath of office, they shall, before entering upon their offices, take and subscribe an oath that they will not, during such term, accept any Federal office, other than a judicial office.

SEC. 15. The Justices of the Supreme Court and District Judges shall severally, 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 be elected; provided, that District Judges shall be paid out of the county treasury of their respective counties.

SEC. 16. The Justices of the Supreme Court and the District Judges shall be ineligible to any other office than a judicial office during the term for which they shall have been elected. SEC. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

SEC. 18. The style of all process shall be: "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority.

SEC. 19. The Legislature shall provide for the election of a Clerk of the Supreme Court, of County Clerks, District Attorneys, Sheriffs, Assessors, and other necessary officers, and shall fix by law their duties and compensations. The Legislature may also provide for the appointment by the several Courts of record of one or more Commissioners, with authority to perforin chamber business connected with the administration of justice, as may be prescribed by law. Until the Legislature provides different offices, and their terms of office, other than Judges, the same county offices, and their terms, as now exist, shall continue as if this Constitution had not been adopted.

SEC. 20. The Justices of the Supreme Court, and the Judges of the Municipal Courts, shall not practice law, and shall not act as counsel, nor appear as attorney at law, in any case or proceeding in any Court, during their continuance in office.

Referred to Committee on Judiciary and Judicial Department.

IN REGARD TO PRIVATE CORPORATIONS.

MR. SMITH, of Kern, introduced the following proposed amendment to article tenth of the Constitution, in regard to private corporations.

SEC. 10. The Legislature shall pass statutes to correct abuses and prevent unjust discrimination and extortion in the rates of freights and fares on the railroads in the State, and provide for the enforcement of such statutes by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of property and franchise; and shall from time to time pass laws establishing reasonable maximum and minimum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties, to the extent of forfeitures, if necessary.

SEC. 11. Every railroad corporation organized in this State shall maintain an office therein, where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which books shall be recorded the amount of capital stock subscribed or paid in, and by whom, the names of the owners of its stock, and the amounts owned by them respectively, the transfers of said stock, and the names and places of residence of its officers.

SEC. 12. All railroads shall be public highways, and all railroad companies shall be common carriers. Any corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads in other States. Every railroad company shall have the right with its roads to intersect, connect with, or cross any other railroad; and shall receive and transport each other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination, in such manner as may be prescribed by general statute.

SEC. 13. No President, Director, officer, or employé of any railroad company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by such company.

SEC. 14. No railroad, railway, or other transportation company, shall grant free passes, or passes at a discount, to any public officer.

SEC. 15. No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.

SEC. 16. The rolling stock and all other movable property belonging to any railroad company, corporation, or individual in this State, shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals; and the Legislature shall pass no law exempting such property from

execution and sale.

SEC. 17. No railroad or other corporation, or the lessees, purchasers, or managers of any railroad corporation, shall consolidate the stock, property, or franchises of such corporation with, or lease, or purchase the works or franchise of, or in any way control any railway or railroad corporation owning or having under its control a parallel or competing

line; nor shall any officer of such railroad corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line. The question whether railroads are parallel or competing lines shall, when demanded, be decided by a jury, as in other civil cases.

SEC. 18. If any railroad company, organized under the laws of this State, shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other State, or of the United States, the same shall not thereby become a foreign corporation; but the Courts of this State shall retain in all matters which may arise as if said consolidation had not taken place. In no case shall any consolidation take place, except upon public notice of at least sixty days to all stockholders in such manner as may be provided by law.

SEC. 19. No law shall be passed for the benefit of a railroad, or other corporation, or any individual, or association of individuals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the State, a new liability in respect to transactions or considerations already passed.

SEC. 20. No law shall be passed granting the right to construct and operate a street railroad within any city, town, village, or on any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad; and the franchise so granted shall not be transferred without similar assent first obtained.

SEC. 21. No railroad corporation in existence at the time of the adoption of this Constitution, or any individual, shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this Constitution applicable to railroads. Referred to Committee on Corporations other than Municipal.

SECTARIAN TEACHING.

MR. SMITH, of San Francisco, offered the following resolution, concerning the public schools:

Resolved, That no sectarian book, or sectarian creed, shall ever be allowed in any of the public schools of this State.

Mr. ROLFE. I raise the point of order that it does not conform to the requirements of the rule.

THE PRESIDENT. Return it to the author as not in the proper form. MR. SMITH also offered a resolution prohibiting the increase of salaries for State officers.

MR. ROLFE. I raise the same point of order, that it is not in proper form.

THE PRESIDENT. The resolution is not in the proper form, and the Secretary will return it to the author.

[blocks in formation]

MR. SWEASEY introduced a resolution in relation to the salary of State officers, which was ruled out of order, as not in the proper form.

HOURS OF LABOR.

MR. THOMPSON introduced the following proposed amendment to the Constitution, in relation to the hours of State labor, etc:

ARTICLE

SECTION 1. All offices, State, county, and municipal, shall remain open for the transaction of business eight hours each business day. SEC. 2. Eight hours shall constitute a legal day's work in each and every department of the State, county, and municipal governments. Referred to the Committee on Miscellaneous Subjects.

ON SUFFRAGE.

MR. TULLY introduced the following proposed amendment to the Constitution, relative to suffrage.

Incorporate the following in the Constitution: The Legislature of the State of California shall pass no law requiring an educational qualification for suffrage. Referred to the Committee on Education.

EMINENT DOMAIN.

MR. TULLY introduced the following proposed amendment to the Constitution, in relation to the taking of private property for public use. Amend section eight, article one, of the Constitution, as follows: Private property shall not be taken for public use without just compensation be first made, or secured by a deposit of money to the owner, and such compensation shall be ascertained by a jury of twelve men, without deduction for benefit to any property of the owner, in a Court of record, as shall be prescribed by law.

Referred to the Committee on Miscellaneous Subjects.

TAXATION OF CHURCH PROPERTY.

MR. VACQUEREL introduced the following proposed amendment to the Constitution, in relation to the taxation of church property: Resolved, That all church property, of whatever nature, shall be subject to taxation. Only benevolent institutions, under the direct control of the State, shall be exempt from taxation. Referred to the Committee on Revenue and Taxation. RELIGIOUS FREEDOM.

the Constitution, in relation to the Bill of Rights: MR. VACQUEREL introduced the following proposed amendment to

ernment, the Legislature shall not, under any consideration, enact any Religious freedom being the fundamental principle of republican govlaw giving preference to any religious sect or mode of worship. Referred to the Committee on Preamble and Bill of Rights. MECHANICS' LIENS.

MR. VAN DYKE introduced the following proposed amendment to the Constitution, in relation to mechanics' liens:

SECTION Banks now existing, or to be hereafter created, and all bankers, shall be taxed by such equitable rules, based upon capital employed and amount of business done by them, as will require them to share equally with other business interests in the burden of taxation. Referred to the Committee on Revenue and Taxation.

LEGISLATIVE POWERS.

MR. STEDMAN introduced the following proposed amendment to the Constitution, relative to legislative powers:

Resolved, That the following section be referred to the Committee on Legislative Powers for insertion in article on Legislative Department: SECTION The assent of three fourths of the members elected to each house of the Legislature shall be required to every bill appropriating the public money or public property for any purpose. Referred to the Committee on Legislative Department.

IN REFERENCE TO SUBSIDIES.

MR. STRONG introduced the following proposed amendment to article two, section ten:

No county, township, city, town, village, or other political or municipal division of the State, shall become a stockholder, either directly or indirectly, in any joint stock company, corporation, or association, or shall raise money for, or loan its credit to, or in aid of, any company, corporation, or association, or shall purchase or contract, or in any way aid in purchasing or constructing, any railroad, or appurtenances thereto belonging.

Referred to Committee on City, County, and Town Organizations.

ON SUFFRAGE.

MR. STUART introduced the following proposed amendment to the Constitution:

The Constitution shall contain the following provisions in relation to the right of suffrage:

Every male citizen, twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections:

First-He shall have been a citizen of the United States at least one month.

Second-He shall have resided in the State one year. Third-He shall have resided in the election district where he shall offer to vote at least two months immediately preceding the election. Fourth-If twenty-two years of age or upwards, he shall have paid within two years a State or county tax, which shall have been assessed at least two months, and paid at least one month before elections. Referred to the Committee on Right of Suffrage.

Ruled out of order.

ARTICLE

Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property on which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished, and the Legislature shall provide by law for the speedy and efficient enforcement of said liens. Referred to the Committee on Miscellaneous Subjects.

IN RELATION TO CORPORATIONS.

MR. VAN VOORHIES introduced the following proposed amendment to section thirty-two, article four, of the existing Constitution. Amend said section so as to read as follows:

liability of the corporators and other means as may be prescribed by SEC. 32. Dues from corporations shall be secured by such individual law. The property of corporations now existing, or hereafter created, shall forever be subject to taxation the same as the property of individuals, and the franchises of such corporations shall be assessed at their actual cash value and taxed accordingly. Referred to Committee on Corporations other than Municipal.

[blocks in formation]
[blocks in formation]

MR. WELLIN introduced the following proposed amendment to the Constitution, in reference to prohibiting aliens from holding lands, etc. : Resolved, That no alien shall ever be allowed to take fish in the waters of the State.

Resolved, That no alien shall be allowed to hold lands either by feesimple or by lease in this State.

Resolved, That no citizen shall ever be allowed to hold lands in trust or otherwise for aliens.

Resolved, That no license to carry on any kind of business shall ever be granted to any Asiatic or Chinaman.

Resolved, That no Chinaman shall ever be allowed to bring suit in any
Court against a white person or to testify against a white person.
Resolved, That no citizen or other person shall ever be allowed to
bring suit as trustee or by assignment for any Chinaman.
Referred to the Committee on Chinese.

CRIMINAL PROSECUTIONS.

MR. WEST introduced the following proposed amendment to the Constitution, on the subject of criminal prosecutions:

1. Prosecutions for crimes and misdemeanors may be begun by indietment found by a Grand Jury, or by information laid before a Justice of the Peace.

2. The Grand Jury shall consist of fifteen men, and an indictment may be found upon the concurrence of nine of their number. 3. The Grand Jury shall be ordered by the County Judge, at his discretion, but not oftener than once in each year.

4. An information is a writing verified by a person called a prosecutor, charging another with the commission of a crime or misdemeanor, and setting forth the facts necessary to constitute the offense.

5. Such information may be presented to a Justice of the Peace, and when such Justice has not jurisdiction to try the offense charged there shall be had a preliminary examination, in which defendant shall have right to be heard by himself and counsel.

6. Should it appear that the offense charged has been committed, and the Justice be satisfied of defendant's guilt, he shall adjudge and bind the defendant to appear before the Court having jurisdiction of the

offense.

This com

7. Upon this information, and the judgment of the Justice thereon being filed in the Court having jurisdiction, the District Attorney shall file in such Court a complaint signed by him, officially, charging the defendant with the offense for which he is held to answer. plaint shall state the facts necessary to constitute a cause of action. 8. Upon such complaint the defendant may be tried. 9. After the defendant has been bound to appear, and within ten days thereafter, or at any time prior to filing the complaint, he shall have the right to be heard on a writ of habeas corpus before a Judge of a Court of record, and if such Judge shall find, on reviewing the evidence taken at the preliminary examination, that the defendant has been held without reasonable or probable cause, he shall order the defendant discharged, and the District Attorney shall not further prose cute the proceeding. 10. Should the information be dismissed by the Justice, after a hearing on a preliminary examination, or the defendant be so discharged on habeas corpus, no second information shall be prosecuted against the defendant on the same charge, unless the second information be approved and signed by the District Attorney of some Court having jurisdiction to try the case. 11. A person may be prosecuted by indictment for any offense of which the District or County Court has jurisdiction, although the information has been dismissed by a Justice, or the defendant discharged on

habeas corpus.

Referred to Committee on Judiciary and Judicial Department.

ON CORPORATIONS.

vide for the forfeiture, by the lender of money, of at least one fourth
of the money or value of the thing lent, for any attempt to evade this
section by receiving a premium of any sort whatever as a condition of
lending the money,
SEC. 2. All bonds and mortgages, notes and contracts for the pay-
ment of money, in existence at the date of the adoption of this Consti-
tution, shall be subject to the rate of interest and other conditions as
provided for in said instrument up to the date of their maturity, and no
longer.
Referred to the Committee on Miscellaneous Subjects.

[blocks in formation]

SECTION 1. The legislative power of this State shall be vested in a State of California, and the enacting clause of every law shall be as Senate and Assembly, which shall be designated the Legislature of the and Assembly, do enact as follows." follows: The People of the State of California, represented in Senate

SEC. 2. The Senate shall consist of fifteen members, and the Assembly of forty-five members, all to be elected by single districts, as hereinafter provided. MR. MCCALLUM. Mr. President: That is evidently a very voluminous document.

MR. BARNES. I would like to know what that publication is. MR. EDGERTON. If it has a title, I move that the title only be read. THE PRESIDENT. There being no objections it is so ordered. by the qualified electors of their respective districts, under this ConstiSEC. 3. The members of the Senate and Assembly shall be chosen tution, as follows: The first election for members of both houses of the Legislature shall be on the first Wednesday of September, eighteen hundred and seventy-nine, and their term of office shall be three years. The second election for members of the Legislature shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty-two, and their term of office shall be four years; and every four years thereafter, on the same day of the same month, the members of the Legislature shall continue to be chosen for the same term of office of four years. SEC. 4. No person shall be qualified to be a member of the Legislature of the State of California except he shall have been a citizen of the United States for at least three years, and a bona fide resident of the State for the two years preceding his election, and a qualified elector in the district he represents.

SEC. 5. The first regular session of the Legislature shall cominence on the first Tuesday after the first Monday in January, eighteen hundred and eighty, and may continue in session for one hundred days, exclusive of Sundays, at the per diem pay for each member of six dollars. The second regular session shall commence on the first Tuesday after the first Monday in January, of the year eighteen hundred and eightythree, and may continue in session for sixty days at the same per diem pay for the members as that of the preceding Legislature. Thence, afterwards, at the expiration of each four years, dating from the first Tuesday after the first Monday in January, eighteen hundred and eighty-three, the Legislature shall convene in regular session, and conand no longer; for which the members shall be paid a per diem of ten tinue as long in session as shall seem to be for the welfare of the State, dollars for the first thirty working days, and nothing after the expiration of said thirty days.

SEC. 6. Members of the Legislature, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or aflirm) that I will support the Constitution of the United States and the Constitution of the State of California, and I will faithfully discharge the duties of Senator or Assemblyman according to the best of my ability. That I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill the said office; that I have not accepted, nor will I accept or receive, directly or indirectly, any money, office, promise, position, place, or thing from any corporation, company, or person, for any vote or influence I may give or withhold on any bill, resolution, or other official act." This oath, or affirmation, shall be administered house to which the member is elected; and the Secretary of State shall record said oath subscribed by each member. Any meinber who shall refuse to take the oath or affirmation herein presented shall thereupon forfeit his office; and every member who shall be convicted of having sworn or affirmed falsely to or in violation of said oath or affirmation, shall thereupon forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State, and may be punished as provided for perjury in other cases.

MR. WICKES introduced the following proposed amendment to the Constitution, in relation to the jurisdiction of State over corporations: Resolved, That the State, by right of eminent domain, holds super-by a Judge of the Supreme Court or District Court, in the hall of the visory jurisdiction over all railways, public highways, or toll-roads, routes of transportation; over all natural and artificial reservoirs, and water ways; and such right entitles her to regulate fares and rates, annul vested rights or call for their reversion, and to adopt such measures as will protect her people from extortion and monopolies. Referred to Committee on Corporations other than Municipal.

IN RELATION TO INTEREST ON MONEY.

MR. WHITE introduced the following proposed amendment to the SEC. 7. At the first session of the Legislature after the adoption of Constitution, in relation to interest on money: this Constitution, and as often as once in ten years thereafter, it shall SECTION 1. No agreement, or contract, or obligation hereafter made apportion the State into as many Congressional Districts as California is or entered into in this State shall be of any validity whatever, or be allowed members in Congress; and, also, into fifteen State Senatorial enforced in any of the Courts of this State, or be entitled to a record, Districts and forty-five Assembly Districts. In making these apportionthat provides, directly or indirectly, for the payment of more than seven ments, the division of counties must be avoided except where a county per cent. interest on money, or for the payment of the taxes, or any is entitled to two or more Assembly men or Senators. Equality in popupart of the taxes, of the lender of money, or anything of value by the lation must also be observed as far as it is practicable, and no one county borrower upon the money or thing loaned, or that provides for the pay-shall ever be entitled to more than three of the State Senators. Every ment of the lender's attorney fees in case of a forced collection of the district named in this section shall be composed of contiguous and commoney or thing of value lent. And the Legislature shall enforce this pact territory as far as that may be practicable. provision of the Constitution by an enactment of law which shall pro

SEC. 8. For the purpose of the election to take place in the month of

« PreviousContinue »