Obrázky stránek

1 Peoplev. Provines, 34 Cal. 532, overruling Burgoyne v. Supervisory of San Francisco, 5 Cal. 19; Exline v. Smith, 5 Cal. 112; Dickey v. Hurl. burt, 5 Cal. 343; Thompson ". Williams, 6 Cal. 88; Tuolumne Co. v. Stanislaus Co. 6 Cal. 410; Phelan v. San Francisco, 6 Cal. 531; Sander. son's Case, 30 Cal. 160.

2 Ross v. Whitman, 6 Cal. 361. 3 McCauley v. Brooks, 16 Cal. ll. 4 Beall v. Beall, 8 Ga. 210. 5 Marchv. State, 44 Tex. 64. 6 St. Jo. Pub. School v. Patten, 62 Mo. 444. 7 Austin r. Gulf &c. R. R. Co. 45 Tex. 234; Navigation Co.o. Galveston Co. 45 Tex. 272.

8 Galesburg v. Hawkinson, 75 Ill. 152. 9 Lane v. Nelson, 79 Pa. St. 407; Arick v. Hampton, 13 Nev. 439; Carleton v. Goodwin, 41 Ala. 153; Alabama &c. Co. v. Boykin, 38 Alas 510; Sanders v. Cabames. 43 Ala. 173 10 Guy v. Hermance, 5 Cal. 73. 11 Cary v. Giles, 9 Ga. 253. 12 Weaver v. Lapsley, 43 Ala. 224. 13 Matt. of Dorr, 3 R. I. 299. 14 People v. Frisbie, 26 Cal. 137. 15 Holman v. Bank of Norfolk, 12 Ala.333 16 Mayor &c. v. Horn, 26 Md. 194. 17 Stone v. Elkins, 24 Cal. 125. 18 O'Donnell v. San Francisco, 11 Cal. 206. 19 People v. Mariposa Co. 31 Cal. 196. 20 Haley v. Clark, 26. Ala. 439.




1. Senate and assembly, and enacting clause. 2. Sessions of legislature. 3. Election and term of assemblymen. 4. Election and term of senators. 5. Number and classes of senators. 6. Senatorial and legislative districts. 7. Organization of legislature. 8. What number constitutes a quorum. 9. Rules for their government-Expulsions. 10. Each house to keep a journal. 11. Privilege of members. 12. Vacancies, how filled. 13. Open doors and secret sessions. 14. Aljournment, how long and where to. 15. Origin and passage of bills. 16. Approval and return of bills-Passage over veto. 17. Impeachments, presentment and trial of.

18. What officers liable to impeachment-Judgment on. 19. Member ineligible to office created during the term.

20. Who ineligible to office under State government-proviso. $ 21. Embezzlement or defalcation-Penalty for. Š 22. Public moneys and accounts-Statement of receipts and expend

itures. $ 23. Compensation not to be increased during term. $ 24. Title of laws-Revision and amendment-Publication of.

25. Local and special laws prohibited. 26. Lotteries prohibited-Purchase and sale of shares of stock to be

regulated. 27. Congressional and Senatorial Districts. 28. Elections by legislature to be viva voce. 29. General appropriation bill, what to contain. 30. Restriction on appropriations and grants of aid. 31. Credit of State or municipalities not to be loaned. 32. Extra compensation to officers forbidden. 33. Charges of gas and telegraph corporations to be regulated.

34. Special appropriation bill, restriction as to. § 35. Lobbying defined-Punishment for.

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

Nev. IV, 1, 23.

And see Ala. IV, 1,2; Ark. V, 1; Colo. V, 1; Conn. III, 1; Del. II, 1; 1; Fla. V, 1, 13; Ga. III, 1; Ill. IV. 1, 11; Ind. IV, 1; Iowa, III, 1; Kan. II, 1, 20; Ky. II, 1; La. II, 15; Me. IV, 1;'Md. III, 1, 29; Mich. IV, 1, 48; Minn. IV, 1, 13; Miss. IV, 1, 32; Mó. I, 24; Neb. III, 1; N. H. Pt. II, 2; N. J. IV, 1,7; N. Y. III, 1, 14; N. C. II, 1, 21; Ohio, II, 1, 18; Oreg. IV, 1; Pa. II, 1; R. I. IV, 2; S. C. II, 1, 19; Tenn. II. 3, 20; Tex. III, 1, 29; Va. V, 1; W. Va. VI, 1; Wis. IV, 1, 17.

Legislative power.-The legislative department represents the mass of political powers, and is no further controlled as to its powers or mode of their exercise than by the restrictions of the constitution.l American legislatures have the same unlimited power as is possessed by the British Parliament, and nothing is prohibited which is not so either by express terms in the constitutions, or by necessary implication, and every subject within the scope of civil government not withdrawn by the State constitution can be dealt with; 4 but if the boundary of a limited power be overstepped by the legislature its acts are void, and may be inquired into.5 Its powers concurrent with the power of the General Government are subject to the single limitation that in case of conflict the State must

yield. The legislature must look to the object and purpose of the different sections of the constitution relative to the same matter when called on to legislate; 7 but on the passage of an act it may refer to an act unconstitutional in itself to indicate its will in respect to a constitutional purpose.8 The legislature has the power to declare who shall be competent to testify, and the power to regulate the production of evidence, and the power to require a less amount of proof than is required by the act of Congress in relation to the record of judgments of another State.10 Congress has no authority to legislate concerning the rules of evidence in State courts, nor to affix conditions upon which those rules are applied and enforced.11 The legislature may regulate the mode of the conveyance of property, 12 or cure defective conveyances, 18 or make an act changing the law of descent. 14

1 People v. Coleman, 4 Cal. 46; Thorne v. San Francisco, 4 Cal. 127; State v. Rogers, 13 Cal. 159; Hobart v. Butte Co. 17 Cal. 23; Smith v. Judge of Twelfth District, 17 Cal. 547; Bourland v. Hildreth, 26 Cal. 183; S. & V. R. R. Co. v. Stockton, 41 Cal. 147; Philadelphia v. Field, 58 Pa. St. 320; Townsend v. New York, 16 Hun, 362. 2 Hollenbeck v. Hahn, 2 Neb. 394. 3 Lowrey v. Gridley, 30 Conn. 458. 4 Munn v. Illinois, 69 Ill. 80. 5 Cronise v. Cronise, 54 Pa. St. 255. 6 State v. Ashley, 1 Ark. 513. 7 Wright v. Adams, 45 Tex. 134. 8 People v. Bircham, 12 Cal. 50. 9 People v. Brady, 40 Cal. 198; People v. Washington, 36 Cal. 658. 1) Whitwell v. Barbier, 7 Cal. 54. 11 Duffy v. Hobson, 40 Cal. 240. 12 Warfield v. Ravisias, 38 Ala. 518. 13 Barnet v. Barnet, 15 Serg. & R. 72. 14 Beall v. Beall, 8 Ga. 210.

Instances.-The power to prescribe police regulations is in the legislature, and is inalienable even by express grant.1 States have exclusive rights of property over tide-waters within their limits, and the right to control fisheries.3 Merely official positions, unprotected by specific constitutional provisions, are subject to the exercise of the power of the legislature; 4 and the legislature may, change the mode of appointment to offices of its creation.5 The legislature may authorize persons to have free access to public records. 6° It may authorize a guardian to sell the real estate of his ward, or may pass an act validating the sale of orphans' property, but it cannot validate judicial proceedings void for want of jurisdiction,8 nor by

special act empower another than the guardian of a minor's estate to sell the same;' but may ratify a void transfer made by a railroad. 10 The legislature may require all pleadings to be sworn to, or may regulate what shall be presumptive evidence in civil cases, li or may authorize the dismissal of an appeal when the appellant has escaped.12 It may regulate the practice of medicine, 13 or may encourage the rearing of sheep and discourage keeping dogs, and couple the provisions with a penalty. 14 The legislature may make railroads liable foi injury to live stock, 15 or may authorize the use of a street of a city for railroad purposes, 16 or may regulate the speed of railroad trains in cities. 17 The legislature may exempt from liability for acts done under military authority, 18 or may pay bounties to veteran soldiers. 19 It may impose a penalty to compel a strict observance of a statute require ment.20 It may provide for punishment for counterfeiting, 21 or authorize the transfer of convicts to private individuals, and may lease the labor of future convicts.22

1 Thorp v. Rutland &c. R. R. Co. 1 Williams, (Vt.) 140.

2 Duval v. McLoskey, 1 Ala. 708 ; Kemp v. Thorpe, 3 Ala. 291; Pol. lard v. Files, 3 Ala. 47; Pollard v. Hagan, 3 How. 212, Mayor &c. 0. Eslava, 9 Port. 577; and authorize the construction of wharves on navi. gable rivers--State v. Green, 4 Ga. 26.

3 Gentile v. State, 29 Ind. 409; State v. Hockett, Ibid. 302.
4 Kilgore v. Magee, 85 Pa. St. 401.
5 Davis v. State, 7 Md. 151.
6 Silver v. People, 45 Ill. 224.

i Ward v. New England &c. Co. 1 Cliff. 565; Brenham v. Davidson, 51 Cal. 352.

8 Lane v. Nelson, 79 Pa. St. 407; nor authorize an executor to make in vestment in Confederate bonds-Houston v. Deloach, 43 Ala. 364; Puwell v. Boon, Ibid. 459, overruling Watson v. Stone, 40 Ala. 451.

9 Lincoln v. Alexander, 52 Cal. 482. 10 Hatcher v. Toledo &c. R. R. CO. 62 Ill. 477. 11 Honore v. Home Nat. Bank, 80 Ill. 489; Hand v. Ballon, 2 Kern. 41. 12 Brown v. State, 5 Tex. Ct. App. 126. 13 Logan v. State, 5 Tex. Ct. App. 306. 14 Mitchell v. Williams, 27 Ind. 62. 15 Davis v. Central Railroad, 17 Ga. 323. 16 Clinton v. Cedar Rapids, 24 Iowa, 455; Carson v. Central R. R. Co. 35 Cal. 325. 17 Chicago &c. R. R. Co. v. Reidy, 66 Ill. 43; Chicago &c. R. R. Co. 0. Haggerty, 67 Ill. 113. 18 Clark v. Dick, 1 Dill. 8. 19 Washington Co. v. Berwick, 56 Pa. St. 466. 20 Chicago &c. R. R. Co. v. Reidy, 66 Ill. 43.

11 as

21 People v. White, 34 Cal. 705.
22 State v. McCauley, 15 Cal. 429.

Restriction on legislative powers.-The power of enacting general laws cannot be delegated to the people; 1 it cannot delegate any of its powers unless authorized to do so by the constitution.2 It is to judge of the expediency of a law, and cannot refer the same to be decided by a popular vote. It cannot divest itself or a succeeding legislature of any power necessary to the well-being of the State, 4 and a release of the right to tax in a grant of a charter, since the amendment to the constitution, would not bind a succeeding legislature.5 One legislature cannot be bound by the acts of another; 6 and every legislative body may modify or abolish the acts of its predecessor, and no act is irrepealable except it be in the form of a contract. The legislature has no power to interpret existing laws which do not apply to its own duties; 8 nor can it legalize an act which it could not have authorized to be done;9 so, to cure a defective proceeding, it must have had the power to pass the original act authorizing the proceeding. 10 It cannot exercise judicial powers, authorizing city authorities to collect an assessment already declared invalid; 12 nor compel a city to pay a claim against it which it is under no obligation, moral or equitable, to pay, nor require a court to render judgment on proof of its amount;13 nor can it confer jurisdiction upon the Federal courts or prescribe the means or mode of its exercise; 14 nor can it authorize school land commissioners to treat as rescinded purchases of school sections, and to sue and receive possession of such lands. 15 The legislature has no power to change official titles as given in the constitution. 16

1 People v. Collins, 3 Mich. 343; State v. Copeland, 3 R. I. 33. 2 Willis v. Owen, 43 Tex. 41. 3 Ex parte Wall, 48 Cal. 279. 4 Daly v. Harris, 33 Ga. 38. 5 Jones & N. Manuf. Co. v. Comm. 69 Pa. St. 137. 6 Brightman v. Kirner, 22 Wis. 54. 7 Bloomer v. Stolley, 5 McLean, 158. 8 Tilford v. Ramsey, 43 Mo. 410. 9 City of Hastings v. Thorne, 8 Neb. 163; May v. Holdridge, 23 Wis• 93; Hepburn v. Curts, 7 Watts, 300. 10 State v. Squires, 26 Iowa, 340.

« PředchozíPokračovat »