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SEC. 4. The Legislature shall pass laws to carry out the provisions of this article.

Referred to Committee on Legislative Department.

LAND SUBSIDIES.

CHINESE TESTIMONY.

MR. MURPHY offered the following resolution, relative to Chinese testimony:

Resolved, That the Committee on Chinese be instructed to prepare a MR. LINDOW offered the following resolution relative to land subsi- clause in the new Constitution forbidding the employment of Chinese dies: testimony in cases where white persons are parties. Referred to the Committee on Chinese.

Resolved, No land or other subsidies should be granted to any corpora

tions.
Resolved, Land grabbing must be stopped.

Referred to Committee on Corporations other than Municipal.

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MR. MCCALLUM offered the following resolution to amend the Constitution relative to the reading of all bills by sections, on the question of their passage, and taking and recording the final vote on such ques

tion:

Resolved, That the Constitution should be so amended as to provide that every bill shall be read in full on the question of its passage, and further, that the ayes and noes shall be always taken and recorded on such question.

Referred to Committee on Legislative Department.

MEETING OF THE LEGISLATURE.

TAXATION.

MR. MURPHY introduced the following proposed amendment to section thirteen, article eleven, of the present Constitution:

Resolved, That the Committee on Taxation and Revenue insert the following amendment in the Constitution:

SEC. 13. Taxation shall be equal and uniform throughout the of indebtedness shall be taxed to their full cash value. All property in State. Mortgages, bonds, notes, book accounts, and all other evidences this State shall be taxed in proportion to its value, to be ascertained and directed by law, but Assessors and Collectors of town, county, and State taxes shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county, or town purposes is situated. Referred to Committee on Revenue and Taxation.

EMPLOYMENT OF ALIENS.

MR. NELSON introduced the following proposed amendment to the Constitution, relative to employment of aliens:

Resolved, That no alien, ineligible to become a citizen of the United States, shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution. Referred to Committee on Chinese.

DECLARATION OF RIGHTS.

MR. NOEL introduced the following proposed amendment to the Declaration of Rights, article one, section twenty-two:

The Legislature shall not grant to any citizen, or class of citizens, privileges or immunities which upon the same terms shall not equally belong to all citizens.

SEC. 23. Aliens who are, or who by the laws of the United States may become, citizens of the United States, and who are bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens. SEC. 24. The State, by virtue of its sovereignty, has the absolute

MR. MCCALLUM offered the following resolution relative to the right to control the police regulations within its limits. meeting of the Legislature:

Resolved, That the Committee on the Legislative Department are hereby instructed to report an amendment to article four of the Constitution, so as to provide that the time of meeting of the Legislature shall be fixed to commence on the first Wednesday after the first Monday in January ensuing the election of its members.

Referred to Committee on Legislative Department.

RIGHT OF SUFFRAGE.

Referred to Committee on Preamble and Bill of Rights.

ABOLITION OF POLL TAX.

MR. O'SULLIVAN introduced the following proposed amendment to the Constitution, relative to the prohibition of a poll tax:

Resolved, That the following provision should be inserted in the Constitution:

A tax on human existence being an absurdity, antagonistic to free institutions, therefore taxes by the poll are forever prohibited in this Referred to Committee on Revenue and Taxation.

MR. MCFARLAND introduced the following proposed amendment to State. the Constitution relative to the right of suffrage:

Resolved, That the following provisions be inserted in the Constitution:

Every unmarried woman having such qualifications of age, residence, and citizenship as are prescribed in this Constitution for male voters, who is or may hereafter be the owner of property of the value of one thousand dollars, shall be entitled to vote at all elections in this State and every married woman having the said qualifications of age, residence, and citizenship, who is or shall be the owner of separate property of the value of two thousand dollars, shall be entitled to vote at all elections in this State; provided, that the Legislature shall have the power to extend the elective franchise to any or all other women having the above named qualifications of age, residence, and citizenship. Referred to the Committee on Right of Suffrage.

PARDONS AND REPRIEVES.

MR. MORELAND introduced the following suggested amendment to section thirteen, article five, of the present Constitution:

The power to grant pardons and reprieves after conviction, for all offenses except treason and cases of impeachment, shall be lodged in a Commission to consist of three persons, to be chosen as provided by law. They shall have power to grant such pardons and reprieves upon such conditions and with such restrictions and limitations as they may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardon. Upon conviction for treason, they shall have power to suspend the execution of sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. They shall communicate to the Legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve.

Referred to Committee on Pardoning Power.

ABOLITION OF FINES.

MR. MORSE offered the following resolution to abolish fines: Resolved, That the Committee on Preamble and Bill of Rights be instructed to report a section abolishing fines upon conviction of crime, except in cases of petty misdemeanor.

Referred to Committee on Preamble and Bill of Rights.

ACQUISITION OF LAND.

MR. REYNOLDS offered the following resolution, relative to the acquisition of land:

Resolved, That the Committee on be and are hereby instructed to inquire into and report as to the expediency of so amending the Constitution as to limit the future acquisition of land by any one person, or association of persons, or corporation.

MR. REYNOLDS. I ask to lay that resolution temporarily on the table, for the reason that I have only heard the names of the committees called, and hardly know to what committee I would like to have it referred.

THE PRESIDENT. It would go to the Committee on Miscellaneous Subjects.

MR. REYNOLDS. I do not desire it referred to a committee unless I know who the committee are. I understand

THE PRESIDENT. The resolution is not debatable.

MR. REYNOLDS. I desire only to state that I hope to get a committee reported by the Committee on Rules and Order of Business, on Land Limitations, and if so I will then ask to have it referred to that committee.

THE PRESIDENT. The resolution will lie on the table as the gentleman desires it.

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MR. BARBOUR. I second that motion.

MR. ESTEE. It is already ordered.

full bench of the Supreme Court shall have jurisdiction in all cases decided by either Division, in which there shall not be a concurrence of

MR. EDGERTON. The list of committees is ordered, but not the all the Justices thereof, and in all cases which, on account of their names of the members constituting the committees.

MR. ESTEE. Then put in the residence of the members.
MR. REYNOLDS. I hope the motion will prevail, for this reason-
MR. MURPHY. I rise to a point of order. We are not now under
the head of motions and resolutions.

THE PRESIDENT pro tem. The point of order is well taken. The
Secretary will proceed to call the roll on receiving propositions.

PROPOSED AMENDMENTS AND RESOLUTIONS.

MR. RINGGOLD offered the following resolution, relative to an oath, which was read by the Secretary and referred as noted:

Resolved, After the adoption of this Constitution, no person shall ever be allowed to either vote at any State, county, township, or municipal election in this State, or the election of officers of any corporation for profit, nor be allowed to prosecute or defend any civil action in any of the State, county, or municipal Courts of this State, who, when challenged so to do by any citizen of the State, shall refuse to take the following oath or affirmation: "I do solemnly swear (or affirm) that since the expiration of ninety days after the adoption of the now existing Constitution of the State of California, I have not directly or indirectly employed in this State, or elsewhere to render service in this State, any foreign-born Mongolian, nor any alien resident of this State who is not entitled under the laws of the United States to become a citizen thereof, either as a laborer, servant, mechanic, manufacturer, or otherwise, and I have not, since the expiration of ninety days after the adoption of said Constitution, knowingly bought, sold, or used, either for food, raiment, or any other purpose, any article manufactured, produced, or prepared in this State, in whole or in part, by the labor of any such Mongolian, or other alien resident of this State who is not entitled, under the laws of the United States, to become a citizen thereof." All executive, legislative, and judicial officers of this State, and all county, township, and municipal officers shall, before entering upon the discharge of the duties of their respective offices, take and subscribe the above oath (or) affirmation), together with the following: "And I will support the Constitution of the United States, and the Constitution of the State of California, and will faithfully discharge the duties of the office of according to the best of my ability."

Referred to the Committee on Right of Suffrage.

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SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, in Probate Courts, and in Justices of the Peace, and in such Recorders' and other inferior Courts as the Legislature may establish in any incorporated city or town. SEC. 2. The Supreme Court shall consist of a Chief Justice and five Associate Justices. The Justice having the shortest term to serve shall be the Chief Justice. The Justices of the Supreme Court shall be elected by the qualified electors of the State, at the general elections next after vacancies may occur in any of such offices respectively, either by expiration of term, death, resignation, or otherwise. They shall hold their offices for the term of twelve years from the first day of January next after their election.

importance, may be transferred to the full bench by order of the Division having the jurisdiction thereof, after judgment or decision by the Division.

SEC. 6. Terms of the full bench and of each Division of the Supreme Court shall be held at such times and place or places as may be prescribed by law. The presence of four Justices shall be necessary to constitute a quorum of the full bench to transact business, and the concurrence of a majority of Justices present shall be necessary to pronounce a judgment or decision of the full bench. The judgment or decision in all cases coming to the full bench from either Division, in which the judgment or decision of the Division shall have been concurred in by two of the Justices thereof, shall be considered as affirmed by the full bench, unless a majority of the Justices present, constituting a quorum of the full bench, shall concur in a reversal or modification. The presence of two Justices shall be necessary to constitute a quorum of either Division to transact business. Referred to the Committee on Judiciary and Judicial Department.

A RESOLUTION CONCERNING THE LEGISLATIVE DEPARTMENT.

MR. SCHELL introduced the following resolution: Resolved, That the following provision be incorporated in the Constitution : No new bill shall be introduced into either House of the Legislature during the last ten days of the session thereof. Read and referred to the Committee on Legislative Department.

RELATIVE TO TAXATION.

MR. SCHOMP introduced the following resolution:
Resolved, That all farming lands, of equal producing capacity, should
be subject to equal taxation, without reference to cultivation.
Read and referred to the Committee on Revenue and Taxation.

RELATIVE TO THE RIGHTS OF FOREIGN-BORN CITIZENS.

MR. SHOEMAKER introduced the following amendment to section seventeen, article one, of the Constitution, relative to rights of foreignborn residents:

Proposition to amend section seventeen, article one, of the Constitution, so as to read as follows:

SEC. 17. Foreigners (except Mongolians) who are or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens, restricted only by such regulations as the Congress of the United States may impose.

Read and referred to the Committee on Preamble and Bill of Rights.

RELATIVE TO BILLS OF ATTAINDER.

MR. SHOEMAKER introduced the following amendment to section sixteen, article one, of the Constitution, relative to bills of attainder, ex post facto laws, etc.

Proposition to amend section sixteen, article one, of the Constitution, so that it will read as follows:

SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts or making irrevocable any grant of special privilege or immunities, shall ever be passed.

Read and referred to the Committee on Preamble and Bill of Rights.

PROPOSITION IN FAVOR OF THE MINORITY SYSTEM FOR THE ELECTION OF MEM-
BERS OF THE SENATE AND HOUSE OF REPRESENTATIVES.

MR. SMITH, of Santa Clara, introduced the following resolution: Resolved, That the Committee on the Legislative Department be requested to inquire into the propriety of incorporating into the new Constitution the following provisions: The Legislature shall apportion the State every ten years, beginning with the year by dividing the population of the State into as ascertained by the last Federal census by the number of twenty-five, and the quotient shall be the ratio of representation in the Senate. The State shall be divided into twentyfive Senatorial districts, each of which shall elect one Senator, whose term of office shall be four years. The Senators elected in the year shall vacate their office at the end of two years, and those elected

SEC. 3. The Supreme Court shall have appellate jurisdiction in all cases in equity; also, in all cases at law which involve the title or right to the possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, amounts to hundred dollars; also, in all cases arising in the Probate Courts, and also in all criminal cases amounting to felony, on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction. One Jus-bearing even numbers at the end of four years, and vacancies occurring tice may issue writs of habeas corpus to any part of the State upon peti- by the expiration of term shall be filled by the election of Senators for tion and behalf of any person held in actual custody, and may make the full term. Senatorial districts shall be formed of contiguous and such writ returnable before himself, or the Supreme Court, or before compact territory bounded by county lines, and contain as nearly as any District Court or any County Court in the State, or before any practical equal number of inhabitants, but no district shall contain Judge of said Courts. less than four fifths of the Senatorial ratio. Counties containing not less than the ratio and three fourths may be divided into separate districts, and shall be entitled to two Senators, and to one additional Senator for each number of inhabitants equal to the ratio contained by such county in excess of twice the number of said votes. The House of Representatives shall consist of three times the number of the Senators, and their term of office shall be two years. Three Representatives shall be elected to each Senatorial district at the general election in the year and every two years thereafter in all elections of Representatives aforesaid each qualified voter may cast as many for one candidate as there are Representatives to be elected, or may distribute the same in equal parts thereof among the candidates as he shall see fit, and the candidates highest in votes shall be declared elected. Read and referred to the Committee on Apportionment and Representation.

SEC. 4. The Supreme Court shall be divided into two divisions, of three members each. The Justice of each division having the shortest term to serve shall be the Presiding Justice thereof. Such division shall be made by the Justices by mutual agreement among themselves, or if in any case they cannot agree, then by the Chief Justice. One division shall be known as the Equity Division, and the other as the Law Division. The Equity Division shall hear and determine all appeals in equity cases, or in which questions of equity constitute the principal or important questions involved. The Law Division shall hear and determine appeals, and have jurisdiction in all other cases. The Chief Justice shall allot to each division its appropriate cases, in accordance with the foregoing division, but his allotment of any case or cases shall be subject to revision and change by the full bench, on the application of any two Justices of the Division to which such allotments so asked to be changed may be made by the Chief Justice, the decision thereon by the full bench to be made as in any other case of appeal.

SEC. 5. Terms of the full bench of the Supreme Court shall be held by the Justices of both Divisions sitting together as one Court. The

RELATIVE TO RAILWAYS.

MR. SMITH, of Santa Clara, introduced the following propositiondeclaring railways public highways; requiring the Legislature to establish maximum rates and charges for freight and carrying passengers;

the rolling stock of a railroad company made personal property, and liable to execution and sale; prohibiting the consolidation of railroad companies; majority of Directors to be citizens or residents of State; prohibit companies from inflating stock, etc.

Resolved, That the Committee on Corporations other than Municipal be requested to inquire of the propriety of the following provisions for the Constitution:

classifying and grading lands said Boards may appoint deputies, whose duties shall be subjec; to the control and revision by said Boards. And said Boards shall perform such other duties in equalizing, grading, and classifying as the Legislature may prescribe.

SEC. 3. Before any agricultural, grazing, mineral, or wild lands shall be assessed, they shall be so graded and classified by the Board of Equalization of each county that lands of the same kind and location shall be Railways heretofore constructed, or that may hereafter be constructed placed in a separate class, each class to be graded as to value in numeriin this State, are hereby declared public highways, and shall be free to cal order from first upwards. But cultivated lands shall not be graded all persons for the transportation of their persons and property thereon, as lands of a greater value than the same kind and class of lands unculunder such regulations as may be prescribed by law; and the Legislativated. Lands, whether cultivated or not, of the same kind and ture shall, from time to time, pass laws establishing reasonable maxi-quality, shall be graded and classified in the same grade and class. The mum rates of charges for the transportation of passengers and freight on assessment of lands shall be based upon their grade and classification; the different railroads in this State. The rolling stock, and all other but lands belonging to the Government of the United States upon which movable property belonging to any railroad company or corporation in preemption or United States Government homestead rights have not this State, shall be considered personal property, and shall be liable to been perfected, and possessory rights, shall not be graded nor classified, execution and sale in the same manner as the personal property of indi- nor subject to taxation, until such rights have been perfected into a feeviduals, and the Legislature shall pass no law exempting any such simple ownership. And in the taxation of lands the improvements property from execution and sale. No railroad corporation shall con- shall be separately assessed. solidate its stock, property, or franchise with any other railroad corporation running a parallel or competing line. A majority of the Directors of any railroad corporation now incorporated or hereafter to be incorporated by the laws of this State, shall be citizens and residents of this State. No railroad corporation shall issue any stock or bonds, except for money, labor, or property actually reserved and applied to the purposes for which such corporation was created, and all dividends and other fictitious increase of the capital stock or indebtedness of any such corporation shall be void. The exercise of the power and the right of SEC. 5. No corporations, except for benevolent, religious, scientific, eminent domain shall never be so construed or abridged as to prevent or education purposes, shall be hereafter formed under the laws of this the taking by the Legislature of the property and franchise of incorpo-State, unless the persons named as corporators shall, at or before the rated companies already organized and subjecting them to the public filing of the articles of incorporation, pay into the State treasury one necessity the same as of individuals. The right of trial by jury hundred dollars for the first fifty thousand dollars or less stock, and a shall be held inviolate; in all trials by jury shall be held invio- further sum of twenty dollars for every additional ten thousand dollars late; in all trials of claims for compensation, when, in the exercise of its capital; and no such corporation shall hereafter increase its capiof the said right of eminent domain, any incorporated company tal stock without first paying into the State treasury twenty dollars for shall be interested either for or against the exercise of said right. The every ten thousand dollars of increase; and laws shall be passed to preLegislature shall pass laws to correct abuses and prevent unjust discrimi-vent and to punish, by heavy penalties and forfeitures, evasions of any nation and extortion in the rates of freight and passenger tariffs on the of the provisions of this section. different railroads in this State, and enforce such laws by adequate pen- Reading dispensed with. Referred to the Committee on Revenue and alties to the extent, if necessary for that purpose, of forfeiture of their Taxation. property and franchise.

Reading dispensed with. Referred to the Committee on Corporations other than Municipal.

RELATIVE TO TAXATION.

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

Resolved, That the following be incorporated in the Constitution of this State as a part of the system of taxation, and be known as article eight, sections one, two, three, and four of said Constitution:

ARTICLE VIII.

SECTION 1. Taxation shall be equal and uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and taxes shall be levied and collected under general laws; all private property in the State, not exempt herein or under the laws of the United States, shall be taxed in proportion to its value in money, to be ascertained as provided by law. The word property, as used in this article and section, is hereby declared to include choses in action, money at interest, at hand, or on deposit; credits, whether evidenced by notes. mortgages, or otherwise; goods, chattels, and effects, wherever they are; ships and vessels at home or abroad; public stocks and securities; stocks in moneyed corporations, owned in the State, whether within or without the State; interest or increase on the bonds of the Government of the United States when owned within the State, whether the same be within or without the State; credits or money due on a debt at the time of assessment to be assessed to the debtor who shall have a lien on the debt, and against the creditor, for the amount of the tax, and to be deducted from the debt from the date of the payment of the tax. But when a debt is secured by mortgage, and the debt is assessed against the debtor, who shall pay the tax thereon, in the assessment of land upon which such mortgage rests to the amount of the mortgage debt resting on said land shall be deducted from the valuation of said land, or real property, when the same would, without such deduction, result in double taxation, by such land not being fully paid for by the owner thereof. But it shall not be considered double taxation when such real property is used for security purposes only by the mortgage, and in the assessment of credits their valuation shall be measured by the amount of assets of the debtor and the security of the credits. Property owned by the United States, by this State, or by municipal corporations under the laws of this State, all necessary public school property, public cemeteries in actual use, and growing crops, shall be exempt from taxation.

SEC. 4. There shall never be levied or collected, by general levy and collection, any special road tax. Where funds other than such as may come from county treasuries are needed for the construction and repair of county roads, bridges, and ferries, the same may be levied upon the owners of property adjacent to such proposed roads, bridges, and ferries, or improvements, in proportion to the amount and value of such property and the convenience and value of such roads, bridges, and ferries to such property, or the owners and inhabitants thereof.

RELATIVE TO EDUCATION.

MR. SMITH, of San Francisco, introduced the following: Resolved, That neither the General Assembly, nor any county, town, township, school district, municipal or other corporation, shall ever make any appropriation to, or pay from any public fund whatever, anything in aid of any sectarian purpose, or to help support or sustain any school, academy, seminary, college, or university, or other institution of learning controlled by any sectarian denomination whatever; nor shall any grant or donation of land or personal property ever be made by any such public corporation for any sectarian purpose whatever. Reading dispensed with. Referred to the Committee on Education.

RELATIVE TO PARDONING POWER.

MR. SMITH, of San Francisco, introduced the following resolution, relative to the pardoning power: Resolved, That the Constitution ought to be so amended as to abolish the power of pardon now vested in the State Executive.

Read, and referred to the Committee on Pardoning Power.

RELATING TO CORPORATIONS.

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

Resolved, That the following section be incorporated into the new Constitution:

tract shall be liable for all dues from contractors or sub-contractors to SECTION Every corporation or person having work done by conlaborers and material-men for service or material hereafter done or furbe given to such person or company within thirty days after the date nished on such work; provided, that notice of the amount of such dues when payable.

Referred to Committee on Corporations other than Municipal.

DISPENSING WITH GRAND JURIES.

MR. STEDMAN introduced the following resolution: Resolved, That the Standing Committee on the Judiciary be instructed to inquire into and report to the Convention the propriety of dispensing with Grand Juries, and that if the committee should be in favor of dispensing with Grand Juries they report a section of the Constitution on that subject.

Referred to Committee on Judiciary and Judicial Department.

RELATIVE TO THE ELECTIVE FRANCHISE FOR WOMEN.

MR. STEELE introduced the following resolution : Resolved, That the Committee on Privileges and Elections be inelective franchise to women on the same basis of qualification as established by law for the male voter.

SEC. 2. There shall be a State Board of Equalization, consisting of the Secretary of State, the Controller, and the Attorney-General. Said Board shall equalize the valuation of the taxable property in the State for State purposes; shall have appellate jurisdiction from County Boards of Equalization, and shall perform such other duties as may be pre-structed to inquire into the justice and expediency of extending the scribed by law. The Boards of Supervisors of the various counties of the State shall constitute Boards of Equalization of their respective counties, and for the purposes of equalization shall have full power (subject to appeal) to review and to raise or lower any county assessment, either upon complaint or upon their own motion; and it shall be their duty, at any convenient time, to be by such Boards previously fixed, before the regular assessments in each county, to classify and grade the lands in their respective counties subject to taxation, under such regulations as shall be provided by law; and for the purposes of

Referred to the Committee on Privileges and Elections.
RELATIVE TO THE WORDS "WHITE MALE."

MR. SWEASEY introduced the following resolution :
Resolved, That article two, section one, of the present Constitution be
amended by striking out the words, in line one, "white male," and
wherever the same words may occur.

Referred to the Committee or Right of Suffrage.
MR. SWEASEY introduced the following resolution:

TAXATION OF VESSELS.

Resolved, That all water-craft, steamers, sail vessels, steam-tugs, etc., shall be assessed for taxes in the counties where the majority of the owners reside.

Referred to the Committee on Commerce and Navigation.

RELATIVE TO EQUAL TAXATION OF LAND.

MR. SWENSON introduced the following resolution:
Resolved, That all lands in this State, of equal productive capacity,
shall be taxed alike, without reference to improvements.
Referred to the Committee on Revenue and Taxation.

LIABILITY OF STOCKHOLDERS IN CORPORATIONS.

MR. SWING introduced the following resolution:
Resolved, That there be incorporated in the Constitution a clause
making each stockholder of a corporation or joint stock company indi-
vidually and personally liable, in the amount of the face value of his
stock, for all debts and liabilities of the corporation or joint stock com-

pany.
Referred to Committee on Corporations other than Municipal.

RELATIVE TO VOTERS.

MR. THOMPSON introduced the following resolution: Resolved, That all citizens of this State who are entitled to exercise the elective franchise shall be required to vote at all municipal or State elections, under penalty of a fine of not less than ten dollars nor over five hundred dollars, as the next Legislature of this State shall determine, the same to go to the School Fund of the State. And in case of any such citizen neglecting to vote for three consecutive elections, he shall thereby be disfranchised for the term of three years thereafter, unless prevented by sickness, or absence from the State. Referred to the Committee on the Right of Suffrage.

THE VETO POWER.

MR. TOWNSEND introduced the following resolution relative to the veto power of the Governor:

EXECUTIVE DEPARTMENT.

Resolved, That the committee be instructed to put a clause in the Constitution authorizing the Governor to veto any item of appropriation bills without affecting the other portions of the bill.

Referred to the Committee on the Executive Department.

RIGHT OF SUFFRAGE.

TAXATION OF STOCKS.

MR. WELLIN introduced the following resolution in relation to a more uniform collection of taxes:

Resolved, That all bank, mining, and other stocks shall be assessed at their full value in money.

Referred to the Committee on Revenue and Taxation.

MECHANICS' LIENS.

MR. WELLIN introduced the following resolution, in relation to the protection of laborers' wages, and the security of persons selling materials:

Resolved, That all improvements, buildings, railroads, flumes, dams, bridges, or other structures shall be held, together with the land belonging to such works or improvements, for the full payment of all labor and materials used in such works.

Referred to the Committee on Legislative Department.

RELATIVE TO THE DUTIES OF RAILROAD OFFICERS.

MR. WEST offered the following proposed amendment to the Constitution:

SECTION The General Assembly shall enforce by fine and imprisonment, and such other penalties and forfeitures as may be effectual prohibitions:

First-Against any director or officer of any railroad company, during his term of office, buying, selling, or in any manner dealing in the capital stock of such company, or being individually interested in any contract with it, except as an ordinary shipper or passenger.

Second-Against officers and employés of railroad companies giving or issuing any free or discriminating passes or bills of lading, or other discriminating gratuities, to any person elected to or holding any office of profit or trust under the public authority of this State or of the

United States.

Referred to Committee on Corporations other than Municipal.

RELATIVE TO PREAMBLE.

MR. WICKES introduced the following proposed amendment, relative to the preamble:

Resolved, That the following preamble be referred to the Committee on Preamble and Bill of Rights, as presenting a basis for an organic law that shall claim obe lience, command respect, insure progress, and give a dignity and especial guarantee to the Bill of Rights immediately following it:

PREAMBLE.

We, the people of the State of California, declare that God, being the author of order and law, is the final umpire of all government; that He delegates authority to the people to frame, amend, or change its form, according to their necessities and principles of justice; that He clothes

MR. TULLY introduced the following proposed amendment to the them with power to enforce it; that he holds each and all amenable for Constitution, in regard to the right of suffrage:

the use or abuse of such delegated power; that, in this connection, allegiance to God and to the State are one. And upon these fundamental Referred to the Committee on Preamble and Bill of Rights.

Resolved, That the Legislature of the State of California shall pass no truths we establish this Constitution.

law requiring a property qualification for office. Referred to the Committee on Right of Suffrage.

RELATIVE TO THE CHINESE.

RELATIVE TO MEMBERS OF THE LEGISLATURE.

MR. TURNER introduced the following proposed amendment to the Constitution, relative to members of the Legislature:
Constitution:

Resolved, "The Chinese must go."

Referred to the Committee on Chinese.

TAXATION WITHOUT REPRESENTATION.

MR. WHITE introduced the following proposed amendment to the Resolved, That the Committee on Miscellaneous Subjects be instructed to report the following:

SECTION 1. A member of the Legislature who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, office,

MR. TUTTLE introduced the following resolution relative to taxation appointment, employ ment, testimonial, reward, thing of value or enjoywithout representation:

Resolved, That no citizen shall be taxed without representation.
Referred to the Committee on Right of Suffrage.

GRAND JURIES.

MR. TUTTLE introduced the following proposed amendment to the Constitution, relative to Grand Juries:

Resolved, That the Judiciary Committee recommend that the Grand Jury shall consist of thirteen members.

Referred to the Committee on Judiciary and Judicial Department.

TRIAL BY JURY.

ment, or of personal advantage, or promise thereof, 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 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 shall incur the disabilities provided thereby for said offense, and such additional punishment as is now or shall be provided by law.

SEC. 2. Any person who shall, directly or indirectly, offer, give, or promise, any money, or thing of value, testimonial, privilege, or personal advantage, to any executive or judicial officer, or member of the

MR. VAN DYKE introduced the following proposed amendment to Legislature, to influence him in the performance of any of his public or the Constitution, relative to trial by jury:

Resolved, That section three of the Bill of Rights of the present Constitution be so amended that a trial jury may be constituted of a less number than twelve members, and for the rendition of a verdict by a vote less than the whole number of jurors. Also, for dispensing with a jury in civil actions, except in certain specified cases, such as cases sounding in tort.

Referred to Committee on Preamble and Bill of Rights.

FREIGHTS AND FARES.

MR. WATERS introduced the following proposed amendment to the Constitution, relative to freights and fares:

official duties, shall be guilty of bribery, and be punished in such man-
ner as shall be provided by law.

ture, or of public officers of the State, or of any municipal division
SEC. 3. The offense of corrupt solicitation of members of the Legisla-
thereof, and any occupation or practice of solicitation of such members
shall be punished by fine and imprisonment.
or officers to influence their official action, shall be defined by law, and

SEC. 4. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practices of 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 afterwards be used against Resolved, That there be incorporated in the Constitution a provision, him in any judicial proceeding, except for perjury in giving such testimandatory in its terms, requiring the Legislature to pass laws prohibit-mony, and any person convicted of either of the offenses aforesaid shall, ing discrimination in freights and fares, for or against any persons or as part of the punishment therefor, be disqualified from holding any places, by common carriers in this State.

Referred to Committee on Corporations other than Municipal.

office or position of honor, trust, or profit in this State.
Referred to the Committee on Miscellaneous Subjects.

RELATIVE TO EDUCATION.

by the qualified electors of this State at the same time the Governor is MR. WHITE introduced the following proposed amendment to the elected. He shall hold his office for four years from the second Monday in January next after his election. His duties shall be prescribed by law.

Constitution, relative to education:

Resolved, That the Committee on Education be instructed to report the following article for the new Constitution of California: ARTICLE —.

SECTION 1. A Superintendent of Public Instruction shall be elected by the qualified electors of the State at the same time that the Governor is elected, and shall hold his office for the same time as the Governor.

His duties shall be provided by law. He shall receive an annual salary of two thousand four hundred dollars, to be paid quarterly. SEC. 2. The Legislature shall foster by all suitable means the public school system of the State. The proceeds of all lands that may be granted by the United States to this State for educational purposes, or that have been heretofore granted, all estates of deceased persons who may have died without leaving a will or heirs, and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State, and no part of such fund, or any money raised by taxation for school purposes, shall ever be appropriated to or divided between sectarian schools. SEC. 3. Instruction in the common schools shall be in the English language, and confined to the following: reading, writing, orthography, grammar, geography, arithmetic, book-keeping, algebra, geometry, surveying, navigation, and ancient and modern history. SEC. 4. The Legislature shall provide that no religious books shall be used in the common schools, or any particular religion taught or advocated, and that care shall be taken to guard the rights of conscience of all children attending the public schools.

SEC. 5. The Legislature shall by law provide that none but teachers of unquestioned sobriety and good moral character shall be employed as teachers in the public schools.

SEC. 6. The Legislature shall provide by law that a lecture on the nobility of labor shall be delivered at least once a month in every public school in the State by the Principal thereof, dwelling on its paramount importance in the affairs of men in every walk of life.

SEC. 7. The common schools of this State shall be kept up and supported in each district for at least four months of every year, and the Legislature shall by law provide the necessary funds for doing so. SEC. 8. Education in the public schools shall be free to all, and each scholar shall be furnished with such school books as his studies require, at the expense of the State. SEC. 9. The Legislature may require, by law, that every parent or guardian of children under fourteen years of age shall give them as good an education as that to be obtained in the common schools, in cases where they do not send them to the public schools by choice.

SEC. 10. The Legislature shall enact laws for the modification and management of the State University, so that hereafter all instruction shall be of a practical character, and confined to all such teaching as shall properly belong to all mechanical arts and sciences, and to all sciences properly relating to agriculture, and no other. The system adopted shall provide that every student shall spend at least two hours every day in manual labor, at some mechanical art or in cultivating the ground. The students in attendance at the University shall be entitled to instruction in all studies they may select consistent with the rules of the University, all necessary books, and board and lodging, free of all charge. The privilege of sending to the University shall be divided between the cities and counties of the State, according to population, in such manner as the Legislature may provide.

SEC. 11. When the University of California is modified as provided for in the foregoing section, the Legislature shall make such appropriations from the State treasury as they shall deem prudent to assist in its support; and the proceeds of all lands granted by Congress to the State for University purposes shall be properly invested as a perpetual fund for its support; but until such modification is provided for by law, no money whatever shall be expended by the State for its support.

SEC. 12. In order that every child in this State may have a fair opportunity to learn the privileges, rights, duties, and obligations pertaining to freemen, the Legislature shall, by appropriate legislation. cause to be published, at the expense of the State, in one well-bound volume, of convenient size, the Declaration of American Independence, the Constitution of the United States of America, the Constitution of the State of California, and Washington's Farewell Address; and shall cause the same to be distributed, free of cost, to the children in the common schools, and to be used and taught therein as a text-book; and also in the University of California.

Referred to the Committee on Education.

RELATIVE TO TAXATION.

MR. WILSON, of Tehama, introduced the following proposed amendment to the Constitution, relative to taxation:

Resolved, That the cause of the most of the wrongs that the people now complain of is the unjust legislation in favor of capital; Second-All men should pay taxes on what he is actually worth; Third-No person should pay taxes on his indebtedness. Referred to the Committee on Revenue and Taxation.

RELATIVE TO EDUCATION.

MR. WINANS introduced the following proposition to incorporate the following into the new Constitution, under the article entitled “ Education," and as part of that article:

SECTION 1. A Superintendent of Public Instruction shall be elected

SEC. 2. There shall be elected by the qualified electors of this State, at the same time the Governor is elected, four members of a State Board of Education, one for two years, one for four yeaas, one for six years, and one for eight years, and at each succeeding biennial election there shall be elected one member of such Board, who shall hold office for eight years. The Superintendent of Public Instruction shall be ex officio a member and Secretary of said Board. The Board shall have the same pay and mileage as members of the Legislature when in

session.

a quorum.

SEC. 3. The State Board of Education shall meet at the Capital of the State, under the call of the Secretary of the Board, on the first Tuesday in February next succeeding their election, and continue in session not longer than twenty days, and annually thereafter for not to exceed twenty days at each annual session. A majority shall constitute SEC. 4. The State Board of Education shall have power to legislate and make rules in relation to common schools, and the State Normal School, and perform such other duties as may be required by law. The State Board of Education, in fixing the course of study, shall include the following branches: reading, writing, spelling, arithmetic, geography, grammar, history of the United States, and in the higher classes some manual of government. shall be printed by the Superintendent of State Printing, under the The proceedings of the Board direction of the Superintendent of Public Instruction, and the Superintendent of Public Instruction shall send a copy of said proceedings to each School Trustee and teacher in this State, and have one thousand extra copies printed for citizens generally who may apply for them. Neither the State Board of Education nor the Legislature shall enforce a uniformity of text-books throughout this State, but the matter shall select suitable text-books, and for such period of time as they deem best

be left to local Boards of Education and Trustees of school districts to

for their interests.

SEC. 5. The Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lauds that may be granted by the United States to this State for the support of schools, which may be sold or disposed of, and the five hundred thousand acres of land granted to the new States under an Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without having a will or heir, and also this State, shall be and remain a perpetual fund, the interest of which, such per cent. as may be granted by Congress on the sale of lands in together with all the rents of unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State.

SEC. 6. The Legislature shall provide for a system of common schools, by which a school shall be kept up and supported, in each district, at least three months in every year, and any district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.

SEC. 7. The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this State, for the use of a University; and the funds accruing from the rents or sale of such lands, or from any other source, for the purposes aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said University, with such literature, the arts and sciences, as may be authorized by the terms of branches as the public convenience may demand, for the promotion of said grant. And it shall be the duty of the Legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University.

SEC. 8.

part of the School or University Funds of this State. No religious sect or sects shall ever have use of or control any Referred to the Committee on Education.

RELATIVE TO RATE OF INTEREST.

MR. WYATT introduced the following proposed amendment to the Constitution, relative to rate of interest:

Resolved, That the Legislative Committee be instructed to report a clause in the Constitution which shall prevent any person from receiving, directly or indirectly, any greater interest, or usury, for the use of loaned money, than seven per cent. per annum.

Referred to the Committee on Legislative Department.

RELATIVE TO FORCED SALE OF PROPERTY.

MR. WYATT introduced the following proposed amendment to the Constitution, relative to the forced sale of property:

Resolved, That the Judiciary Committee be instructed to report a clause in the Constitution which shall prevent the sale of any property in this State, under judicial or other forced sale, unless said property shall bring two thirds of its appraised value under such sale, the appraisment to be made as provided by law.

Referred to Committee on Judiciary and Judical Department.

RELATIVE TO BILL OF RIGHTS.

MR. LARUE introduced the following proposed amendment to section twenty-one, article one, of the Constitution, relative to powers not granted a proposition to amend section twenty-one, article one, of the Constitution, so as to read as follows:

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