in the house where it originated, for the use of both houses, and referred to and returned from a committee in each house, and read once at length in each house.

SEC. 25. No statute shall embrace more than one subject, and that shall be expressed in its title.

any corporation or individual to this State, or to any municipal corporation therein. SEC. 38. The Legislature shall protect, by statute, from forced sale, a certain portion of the homestead and other property of all heads of families. SEC. 26. No statute shall be amended by reference to its title; but, in SEC. 39. The Legislature shall, by statute, protect the wages of labor, such case, the statute or section amended shall be reenacted and pub-provide for liens of mechanics and laborers, and for the exemption of a lished at length. reasonable amount of property from execution and forced sale. SEC. 27. Every bill which may pass the Legislature shall, before it SEC. 40. Any statute concerning corporations may at any time be becomes a statute, be presented to the Governor, and such further pro-altered, amended, or repealed; and all corporations shall, if required ceedings had thereon as provided in section fourteen of article five of by statute, conform to any such alteration or amendment, or be dissolved this Constitution. by such repeal.

SEC. 28. Lotteries, and the sale of lottery policies or tickets, within this State, are unlawful. All lottery policies, or tickets, or prizes drawn in lotteries within this State, are forfeited to the State, to be recovered by action brought in the name of the people of the State, by the Attorney-loan of gold and silver; but no such association or corporation shall General, and shall go to the common school fund of the State.

SEC. 29. No person who shall have been or shall be convicted for embezzlement of public funds or defalcation in any public office, shall be eligible to any civil office of trust or profit in this State, and the Legislature shall pass statutes providing for the punishment of such embezzlement and defalcation as a felony.

SEC. 41. The Legislature shall not pass any statute under which any corporation for banking purposes shall be established; but associations and corporations may be forined under general laws for the deposit and make, issue, or put in circulation any bill, check, certificate, ticket, promissory note, or other paper, or the paper of any bank to circulate as money; and the Legislature shall prohibit by law the creation of paper to circulate as money.

SEC. 42. The term "corporation," as used in the Constitution, 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. All corporations shall have the right to sue and be subject to action in all Courts in like cases as natural persons. SEC. 43. When the Legislature is convened in special session by procdesignated in such proclamation.

SEC. 44. The presiding officer of each house shall, in presence of the house over which he presides, sign bills and joint resolutions passed in such house, immediately after the titles of such bills have been publicly read. The fact of signing shall be entered in the Journal.

SEC. 30. The Legislature shall not pass any local or special statute authorizing the creation, extension, or impairing of liens; regulating the affairs of counties, cities, townships, road, or school districts; changing the names of persons or places; changing the place of trial in civil or criminal cases; authorizing the laying out, opening, altering, or main-lamation of the Governor, there shall be no legislation on subjects not taining roads, highways, streets, alleys, or sewers; relating to ferries or bridges; vacating roads, town plats, streets, or alleys; relating to cemeteries or other public grounds; authorizing the adoption or legitimation of children; locating or changing county seats; incorporating towns or cities; for opening and conducting elections, or fixing or changing places of voting; granting divorces; confirming the deeds or certificates SEC. 45. Neither house, without the consent of the other, shall of acknowledgment of married women; confirming any void judicial adjourn for more than three days, nor to any other place than that in proceeding, tax, or assessment, or any grant founded thereon; erecting which they may be sitting. In case of a disagreement between the two new townships or other territorial divisions in a county; creating offices houses, with respect to the time of adjournment, the Governor shall or prescribing the powers and duties of officers in counties, cities, town-have power to adjourn the Legislature to such time as he may think ships, or districts; changing the law of succession or descent; regulating proper, provided it be not beyond the time fixed for the meeting of the the practice or production of or rules of evidence in any judicial pro- next Legislature. ceeding or inquiry before Courts or other tribunals, or providing for or changing methods for the collection of debts or enforcing of judgments; regulating fees of office; affecting the estates of minors or others under disabilities, except after notice to all parties in interest, which shall be recited in the special Act; remitting fines, penalties, or forfeitures, or refunding of moneys legally paid into the treasury; regulating labor, trade, mining, or manufacturing; creating corporations, or amending, renewing, or extending their charters; granting to any corporation, association, or person, any special or exclusive privilege or immunity, or the right to make a railroad; nor shall any local or special bill be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or the thing to be effected may be situ-office. All other officers under this Constitution may be tried by jury, ated, which notice shall be at least sixty days prior to the introduction into the Legislature of such bill, and in the manner to be provided by statute; the evidence of such notice having been published shall be exhibited in the Legislature before such Act shall be passed.

SEC. 31. No Act shall be passed giving extra or additional pay, or relief, or compensation, to any public officer, servant, employé, or agent of, or contract under this State, or any department thereof, or of or under any county or city in this State.

SEC. 32. No Act shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment.

SEC. 46. No money shall be drawn from or paid out of the Treasury of State, except it be pursuant to and in accordance with a specific appropriation for a particular purpose made by statute, and then only on warrants drawn by the proper officer; and no appropriation shall be made for more than four years.

SEC. 47. All general appropriation bills shall be sent to the Governor for his signature at least ten days before the close of the session. SEC. 48. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, Superintendent of Public Instruction, the Justices of the Supreme Court, and District Judges, shall be liable to impeachment for misdemeanor in on indictment for misdemeanor in office, and if convicted, be removed from office and disqualified from holding any office of honor or profit. SEC. 49. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. Each Senator, at the time the Senate shall resolve itself into a Court of Impeachment, shall swear (or affirm), that he will do impartial justice between the accuser and the accused, uninfluenced by party feeling. No person shall be convicted on such impeachment without the concurrence of two thirds of the Senators elected, and the judgment on conviction shall extend only to removal from office and disqualification to hold office thereafter. A majority of the Senators elected may affix the penalty, but such judgment on impeachment shall not be a bar to indictment for the same offense.

SEC. 33. No Act of the Legislature shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property. In cases of death from injuries received by or through the SEC. 50. No Senator or member of the Assembly shall be elected or carelessness, negligence, or willful misconduct of any person or corpo-appointed to any civil office of profit in this State during the term for ration, the right of action shall survive, and the Legislature shall which he shall have been elected, or for one year thereafter, which office prescribe by and for whose benefit such shall be prosecuted. Until the shall have been created, or the emoluments of which shall have been Legislature shall so prescribe, such right of action shall survive to, and increased during his term of office. may be prosecuted by, the personal representavies of the deceased. No Act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to person or property, or for other causes different from those fixed by general laws regulating actions against natural persons.

SEC. 34. No State office shall be continued or created for the inspection or measurement of any merchandise, or manufacture, or commodity; but the Legislature may, by general law, provide for such inspection and measurement by municipal or county officers. SEC. 35. The Legislature shall pass no statute agreeing to pay, or providing for the payment from the State treasury, or by any municipal corporation, of any bonds or other obligations of any person or corporation, or to provide for the payment of any interest on such bonds or obligations; and shall pass no statute loaning or authorizing the loan of the credit of the State, or any municipal corporation, to any person or corporation.

SEC. 51. Any member of the Legislature who shall solicit, demand, receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, office, appointment, employment, testimonial, reward, thing of value, enjoyment, or of personal advantage or promise thereof, or the influence of another to obtain for himself any office of honor or profit for his vote or official influence, or for withholding the same, or with an understanding expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter, or thing aforesaid, for another as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, matter, or thing, to another, shall be held guilty of bribery within the meaning of this Constitution and the Penal Code, and shall incur the penalties provided in such Code, and be subject to such further punishment as shall be provided by statute. SEC. 52. Any person who shall directly or indirectly offer, give, or promise any money, thing of value, testimonial, privilege, or personal

him in the performance of any of his public or official duties, shall be deemed guilty of bribery, and punished as provided by statute.

SEC. 36. The Legislature shall never grant, or authorize extra compensation, fee, or allowance, to any public officer, agent, servant, or contractor, after service has been rendered or contract made, nor author-advantage to any officer, legislative, executive, or judicial, to influence ize the payment of any claim or part thereof hereafter created against the State, under any agreement or contract made without express authority of law; and all such unauthorized agreements shall be null and void; provided, this section shall not extend to and prevent appropriations for expenditures incurred in suppressing insurrection or repelling invasion.

SEC. 53. The offense of corrupting of members of the Legislature, or of public officers of this State, or of any municipal division thereof, and any occupation or practice of solicitation of such member or officers to influence their official action, shall be defined by law, and shall be

SEC. 37. The Legislature shall have no power to release or extin-punishable by fine and imprisonment.

guish, in whole or in part, the indebtedness, liability, or obligation of SEC. 54. Any person may be compelled to testify in any lawful inves

tigation or judicial proceedings against any person who may be charged with having committed the offense of bribery or corrupt solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony; and any person convicted of either of the offenses aforesaid, shall, as part of the punishment therefor, be disqualified from holding any office of honor or profit in this

State.

SEC. 55. The Legislature shall not act upon any amendment posed to the Constitution of the United States, until at least one general election intervene between the time such amendment is proposed and the time of the action thereon.

ARTICLE V.

EXECUTIVE DEPARTMENT.

mander-in-Chief of all the military forces of the State not in the actual service of the United States.

SEC. 14. Every bill which shall have passed both houses shall be presented to the Governor. If he approve, he shall sign it; but if he shall not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon their Journal and proceed to reconsider it. If, after such reconsideration, two thirds of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other pro-house, by which likewise it shall be reconsidered, and if approved by two thirds of all the members elected to that house, it shall be a law; but in such cases the vote of both houses shall be determined by ayes and noes, and the names of the members voting for and against the bill shall be entered on the Journals of each house respectively. If any bill shall not be returned by the Governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature, by their adjournment, by limitation, or otherwise, prevent its return, in which case it shall be a law, unless he shall file the same, with his objections, in the office of the Secretary of State, and give notice thereof, by public proclamation, within thirty days after such adjournment.

SECTION 1. The Executive Department of this State shall consist of a Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, and Superintendent of Public Instruction, who shall each be independent of the other, and have and exercise the powers prescribed for him in this Constitution and by

statutes.

SEC. 2. The Governor shall be elected by the qualified electors of the State, at the general election in the year eighteen hundred and seventynine, and every four years thereafter.

SEC. 3. No person shall be eligible to the office of Governor who is not over the age of thirty years, and who has not been a citizen of the United States, and a resident of the State, for four years next preceding his election.

SEC. 4. The Governor shall hold his office during four years from the first Tuesday after the first Monday in January next ensuing his election, and shall not be eligible to the office for the next succeeding

term.

SEC. 5. The returns of every election for Governor shall be sealed up and indorsed, "Election returns for Governor," and by the County Clerks of the different counties be transmitted to the Secretary of State, who shall safely keep the same unopened, and deliver them to the Speaker of the Assembly. The Speaker shall, in the presence of both houses of the Legislature, on the day next after the organization of both houses, open such returns and publish them. 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 both houses, choose one of said persons for Governor.

SEC. 6. The Governor shall be Commander-in-Chief of the army, navy, and militia of the State, except when they are called into actual service of the United States.

SEC. 15. The Governor shall have 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.

SEC. 16. The Lieutenant-Governor, Treasurer, and Attorney-General, shall each have the same qualifications as the Governor; each shall be elected at the same time and places, and their terms of office shall be the same as that of the Governor.

SEC. 17. The Controller, Secretary of State, Surveyor-General, and Superintendent of Public Instruction, shall each have the same qualifications as the Governor, and shall be elected at the general election in the year eighteen hundred and seventy-nine, and every four years thereafter.

SEC. 18. Each of the officers mentioned in the preceding section shall hold his office during four years from the first Tuesday after the first Monday in January next ensuing after his election.

SEC. 19. The Lieutenant-Governor shall be President of the Senate, but shall only have a vote therein when the Senate is equally divided, and he shall perform such other duties as may be prescribed by statute. In case of the death, conviction, or impeachment, absence from the State, failure to qualify, resignation, or other disability of the Governor, the powers, duties, obligations, and emoluments of the office for the remainder of the term, or until the disability be removed, shall devolve upon the Lieutenant-Governor.

SEC. 7. The Governor shall transact all executive business with the SEC. 20. In case of a vacancy in the office of Lieutenant-Governor officers of the Federal Government and with Governors of other States. by his death, assumption of the office of Governor, conviction on He shall see that the laws are faithfully executed, and he may require impeachment, or for any other cause, the powers, duties, and emoluinformation, in writing, from all other executive officers of the Statements thereof for the remainder of the term, or until the disability be upon any subject relating to the business of their respective offices. removed, shall devolve upon the President pro tempore of the Senate; SEC. 8. When any State executive office, other than Governor or and the President pro tempore of the Senate shall, in like manner, Lieutenant-Governor, shall become vacant, the Governor shall fill such become Governor if a vacancy or disability shall occur in the office of vacancy, for the unexpired term, by appointment; and if any vacancy Governor while he is acting Lieutenant-Governor, but his seat in the occur in any judicial office in this State, other than Justice of the Peace, Senate shall become vacant whenever he shall become Governor. the Governor shall fill such vacancy, by appointment, as prescribed in SEC. 21. The Secretary of State shall keep a record of all official Article VI of this Constitution. In other cases the Legislature may acts of the Governor, preserve the archives and papers pertaining to the provide, by statute, for filling vacancies in office, and if no such provis-office of Governor, and the Legislature, and shall perform such other ion shall exist, and a vacancy occur, the Governor shall fill the same, duties as may be prescribed by statute. by appointment, for the unexpired term. The Governor shall report to the Senate all appointments for State offices, and all appointments to judicial offices, for its confirmation, at the earliest practicable time, and if the Senate shall refuse to confirm such appointment, a vacancy shall then occur, to be filled as provided in this section.

SEC. 9. The Governor may, on extraordinary occasions, convene the Legislature in special session, by proclamation, which proclamation shall designate the subject upon which legislation is desired.

SEC. 10. The Governor shall communicate by message to the Legislature at every session the condition of the State, and from time to time recommend to its consideration such measures as he may deem expedient. SEC. 11. The Governor shall have power to remit fines and forfeitures imposed as a punishment for crimes, to grant reprieves, commutations of sentences, and pardons, except in cases of impeachment, and cases of disqualification from holding office, or enjoying the right of suffrage, declared by this Constitution as a punishment for crime. But no pardon shall be granted, or sentence commuted, except upon the recommendation, in writing, of the Lieutenant-Governor, Secretary of State, and Attorney-General, or a majority of them, after full hearing, upon due public notice of time and place; and such recommendations. and the reasons therefor, shall be filed in the office of the Secretary of State. SEC. 12. There shall be a seal of this State kept in the office of the Secretary of State, to be used by him and the Governor to authenticate papers and documents issued by them, or either of them, to be called "The Great Seal of the State of California," and all grants and commissions shall be in the name and by the authority of the people of the State of California, sealed with said seal, signed by the Governor, and countersigned by the Secretary of State.

SEC. 13. 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 power 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 Com

SEC. 22. The emoluments of all State officers shall be fixed prior to to the election to such office, and such emoluments shall not be increased or diminished during such term, nor shall any additional pay be allowed for additional services required of such officer.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of this State shall be vested in a Supreme Court, District Courts, Courts of Justices of the Peace, and in such Municipal Courts as shall be established by statute for cities, or consolidated cities and counties.

SEC. 2. The Supreme Court shall consist of a Chief Justice and six Associate Justices. The presence of four Justices shall be necessary for the transaction of business in Court, and the concurrence of four Justices shall be necessary to pronounce a judgment.

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at the general election next after the adoption of this Constitution, and each shall take his seat on the first Tuesday after the first Monday in January next after his election. The full term of Justices of the Supreme Court is fourteen years; at the meeting of such Justices on the said Tuesday next after the first Monday in January, they shall so classify themselves by lot that the term of one Justice shall expire every two years, and his successor shall be elected at the general election next preceding the expiration of such term, or at an election for Congressmen.

SEC. 4. At the election for Justices of the Supreme Court next after the adoption of this Constitution, no elector shall vote for more than four persons for Justices of the Supreme Court.

SEC. 5. If a vacancy occur in the office of Justice of the Supreme Court from other causes than the expiration of a full term, the Governor shall fill such vacancy by appointment, and the appointee shall hold until the election and qualification of his successor. At the next general election after such vacancy, it shall be filled by election, and the person so elected hold office from the first Tuesday after the first Monday in January next ensuing until the expiration of the unexpired term.

SEC. 6. No Justice appointed or elected to fill an unexpired term shall

be Chief Justice. The Justice not so appointed, or elected, having the for their services out of the State Treasury a compensation which shall shortest term to serve, shall be Chief Justice.

Ninth-To inquiring, by the intervention of a Grand Jury, of all Assembly detailed estimates of the sums of money necessary to be raised public offenses committed or triable within the district. Tenth-To the trial of all indictments.

loaded or empty, without delay or discrimination, in such manner as may be prescribed by general statute.

SEC. 4. The compensation of county officers shall be regulated by law. Salaries of county officers and pay allowed by law shall not be increased or diminished during the time for which they shall be elected. SEC. 5. The Legislature shall provide by statute for a strict accounta-company shall be interested directly or indirectly in the furnishing of bility of all county, township, and city officers, for all public moneys coming into their hands.

SEC. 6. Township officers are Justices of the Peace and Constables, and each shall have such power and be subject to such duties and obligations as are prescribed in this Constitution or by statute.

SEC. 7. The Legislature shall provide by statute for such offices as may be necessary in administering the affairs of school districts, road districts, swamp land districts, or other division created by statute.

SEC. 8. Cities with charters already given, shall remain such under their present charters, subject to amendment, or shall become incorporate under general laws. SEC. 9.

No debt shall be incurred by any municipal corporation, except in pursuance of an order or ordinance previously made therefor, by the municipal authorities, which order or ordinance shall provide for the payment thereof. SEC. 10. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation.

SEC. 13. No President, Director, officer, or employé of any railroad 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. Any public officer of or in this State, legislative, executive, or judicial, who shall accept or use a free pass or free ticket, or a pass or a ticket paying therefor less than the usual rates, from any railroad company or other transportation company, or who shall ride on or over any railroad for less than the usual rate of fare, shall be ineligible to all offices of honor or trust in this State, and shall lose his said office, and the Legislature shall provide for the punishment of such act as a felony. SEC. 15. The Legislature shall provide by statute for the punishment as a felony of any officer or employé of any railroad company or other transportation company who shall give, or offer to give, to any public officer of or in this State, legislative, executive, or judicial, a free pass or free ticket, or a pass or ticket for a less price than the usual rates, or who shall knowingly permit such officer to ride in or over such railroad without paying therefor the usual rates.

SEC. 11. The Legislature may vest the corporate authorities of cities, SEC. 16. No foreign corporation shall do any business in this State or consolidated cities and counties, with power to make local improve- without having one or more known places of business, and an authorments, by special assessment, or by special taxation of contiguous prop-ized agent or agents in the same, upon whom process may be served. erty, or otherwise. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same.

ARTICLE X.

PRIVATE CORPORATIONS.

SECTION 1. Corporations may 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 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. 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 pursuance 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.

ARTICLE XI.

EDUCATION.

SECTION 1. A Superintendent of Public Instruction shall be elected by the qualified electors, at the same time and place, and in the same manner, and for the same term of office, as the Governor. He shall receive a salary equal to that of Secretary of State. SEC. 2.

A County Superintendent of Schools, for each county in the State, shall be elected at the general election of Governor and Superintendent of Public Instruction, by a vote of the qualified electors of each county, and shall hold office for the term of four years.

SEC. 3. The Legislature shall provide for a system of public schools by which a free public school shall be maintained for at least six months in each school district in every year after the first year in which a school is established.

SEC. 4. There shall be a State Board of Education, consisting of two members from each Congressional district, who shall be nominated by the Governor and confirmed by the Senate, for a term of four years. The State Superintendent shall be ex officio a member of this Board. SEC. 5. The Legislature shall encourage, by all suitable means, the promotion of education among the people. The proceeds of the sale of the five hundred thousand acres of land granted to the new States under an Act of Congress approved A. D. eighteen hundred and forty-one, and of the sale of sixteenth and thirty-sixth sections of township lands reserved for school purposes, shall constitute an inviolable school fund, the income from which shall be apportioned by the Superintendent of Public Instruction to each school district pro rata, according to the number of school census children.

SEC. 6. No public moneys shall ever be appropriated for the support, directly or indirectly, of any religious sect or denomination whatever, nor for any school not under the direct and entire control of public school officers. The revenue derived from the State School Fund, and from the State school tax, shall be applied exclusively to the support of primary and grammar schools.

SEC. 7.

ARTICLE XII.

MODE OF AMENDING AND REVISING THE CONSTITUTION.

a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their Journals, with the ayes and noes taken thereon, and shall be published for three months before the next general election. In his proclamation calling such election, the Governor shall submit such proposed amendments to the qualified electors of the State for adoption or rejection, and if a majority of the votes cast shall be for the adoption of such amendment or amendments, it or they shall become part of this Constitution.

SECTION 1. Any amendment or amendinents to this Constitution may SEC. 8. No railroad or telegraph company shall lease or in any man-be proposed in the Senate or Assembly, and if the same are agreed to by ner manage or control the railroad or telegraph line of another company. SEC. 9. All individuals, associations, and corporations shall have equal right to have persons and property transported over railroads; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station, at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special

rates.

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 this 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 franchises.

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

SEC. 2. And if, at any time, two thirds of the Senate and Assembly shall think it necessary to revise and change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a Convention, the Legislature shall, at the next session, provide by law for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall consist of a number of members not less than that of both branches of the Legislature. The Constitution that may have been agreed upon and adopted by such Convention shall be submitted to the people, at a special election to be provided for by law, for their ratification or rejection. Each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written or printed the words, "For the new Constitution" or "Against the new Constitution." The returns of such election shall, in such manner as the Convention shall direct, be certiSEC. 12. All railroads shall be public highways, and all railroad com-fied to the Executive of the State, who shall call to his assistance the panies shall be common carriers. Any corporation organized for the Controller, Treasurer, and Secretary of State, and compare the votes so purpose, shall have the right to construct and operate a railroad between certified to him. If, by such examination, it be ascertained that a any points within this State, and to connect at the State line with rail-majority of the whole number of votes cast at such election be in favor roads in other States. Every railroad company shall have the right of such new Constitution, the Executive of this State shall, by his proclawith its road to intersect, connect with, or cross any other railroad; and mation, declare such new Constitution to be the Constitution of the State shall receive and transport each other's passengers, tonnage, and cars, of California.

officers.

SEC. 3. All officers whose election or appointment is not provided for by this Constitution, and all officers whose office may hereafter be created by law, shall be elected by the people or appointed, as the Legis-ipal lature may direct.

SEC. 4. No person shall be elected or appointed to, or hold any office created by, this Constitution, who is not an elector and resident of this State. No person shall be elected or appointed to, or hold any district, county, or local office created by this Constitution, unless he is an elector and resident of the district, county, or other political division for which he is elected or appointed. And every judicial officer must reside at the place where the sessions of the Court of which he is a member are held. SEC. 5. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office not fixed by this Con