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ture reward, 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 him in any judicial proceeding, except for perjury in giving such testimony.2

1 Pa. III, 30; Tex. XVI, 41.

2 Pa. III, 32.

See Ala. IV, 40; Ark. V, 35; Colo. V, 40; Pa. III, 29-32; Tex. XV1, 41.

ARTICLE V.

EXECUTIVE DEPARTMENT.

1. Executive power vested in governor.
2. Election of governor and term of office.

3. Eligibility and qualifications.

4. Returns of election-Counting votes.

5. Governor to be Commander-in-Chief of militia.

6. Executive bu iness of.

7. To see that laws are executed.

8. To fill vacancies in office.

9. When to convene special sessions.

10. Messages to legislature.

11. When to adjourn legislature.

12. Disability to hold other offices.

13. Keeper of Seal of State.

14. To sign and seal grants and commissions.

15. Lieutenant-governor-Election of, etc.

16. When powers of governor devolve on.

17. State officers-Election and terms of office.

18. Secretary of State-Duties of.

19. Compensation of State officers.

$ 20. Governor-Ineligible to U. S. Senate.

§ 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of California.

Fla. VI, 1; Iowa, IV, 1; La. III, 48; Mo. V, 5; Nev. V, 1; Pa. IV. 2; S. C. III, 1.

See Ala. V, 2; Ark. VI, 2; Colo. IV, 2; Conn. IV, 1; Del. III, 1; Ga. IV, 1; III. V, 6; Ind. V, 1; Kans. I, 2; Ky. III, 1; Me. V. Pt. I. 1; Md. II, 1; Mass. II, sec. I, 1; Mich. V, 1; Miss. V, 1; Neb. V, 6; N. H. Pt. II, 41; N. J. V, 1, N. Y. IV, 1, Amend.; N. C. III, 1; Ohio, III, 5; Or. V, 1; R. I. VII, 1; Tenn. III. 1; Tex. IV, 1; Vt. VIII, Amend.; Va. IV, 1; W. Va. VII, 5.

§ 2. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Assembly, and shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his successor is elected and qualified.

Kan. I, 1; Nev. V, 2; Pa. IV, 2; Va, VI, 22.

See Ala. V. 3; Conn. IV, 2; Del. III, 2; Fla. VI, 2; Iowa, IV, 2; Ky. III, 2; La. III, 43; Me. V, Pt. I, 2; Md. II, 2; Mass. II, sec. I, 1; Mich. V, 3; Miss. V, 2; N. J. V, 2; N. Y. ÍV, 3; Or. V, 4; S. C. III, 2; Tenn. III, 2; Va. IV, 2; Wis. V, 3.

Tenure of office.-The governor holds office until his successor is elected and qualified.

State v. Robinson, 1 Kan. 17; Ex parte Lawhorne, 18 Gratt. 85.

§ 3. No person shall be eligible to the office of Governor who has not been a citizen of the United States and a resident of this State five years next preceding his election, and attained the age of twenty-five years at the time of such election.

See Ark. VI, 5; Colo. IV, 4; Conn. IV, 1; Del. III, 4; Fla. VI, 3; Ga. IV, 1, 3; Ill. V, 5; Ind. V, 7; Iowa, IV, 6; Ky. III, 4; La. III, 49; Me. V, Pt. 1, 4; Md. II, 5; Mich. V, 2; Miss. V, 3; Mo. V,5; Neb. V, 2; Nev. V, 3; N. H. Pt. II, 41; N. J. V, 4; N. Y. IV, 2, Amend.; N. C. III, 2; Or. V. 2; Pa. IV, 5; S. C. III, 3; Tenn. III, 3; Va. IV, 3; W. Va. VII, 4 Wis. V, 2.

4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in the presence of both Houses of the Legislature.1 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 such persons so having an equal and the highest number of votes for Gov

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i Ind. V, 4; Iowa, IV, 3; Tex. IV, 3.

2 Ark. VI, 4; Ind. V. 4; Iowa, IV, 4; La. III, 48; Mich. V, 4; Neb. V,3; N. J. V, 2; N. Y. IV, 3; Ohio, III, 3; Or. V, 5; Pa. IV, 2; Tenn. III. 2; Tex. IV, 3; Va. IV, 2; W. Va. VII, 3; Wis. V, 3.

And see Ala. V, 4; Colo. IV, 3; Del. III, 2; Ill. V, 4; Pt. I, 3; Md. II, 3; Minn. V, 2; Miss. V, 2; Mo. V,3; III, 3; S. C. III, 4; Vt. IX, Amend.

Kan. I, 2; Me. V,
Nev. V, 4; N. C

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

Iowa, IV, 7; Mo. V, 7; Neb. V, 14; N. C. III, 8; Pa. IV, 7; W. Va. VII. And see Ala. V, 18; Ark. VI. 6; Colo. IV, 5; Conn. IV, 5; Del. III, 7; Fla. VI, 4; Ga. IV. 2; Ill. V, 14; Ind. V, 12; Ky. III, 8; La. III, 59; Me. V, Pt. I, 7; Md. II, 8; Mass. II, sec. 1, 7; Minn. V, 4; Miss. V, 5; Név. V, 5; N. H. Pt. II, 51; N. J. V, 6; N. Y. IV, 4, Amend.; Ohio, III, 10; Or. V, 9; R. I. VII, 3; S. C. III, 10; Tenn. III, 5; Tex. IV, 7; Wis. V, 4.

§ 6. He shall transact all executive business with the officers of government, civil and military,1 and may require information, in writing, from the officers of the executive department, upon any subject relating to the duties of their respective offices.2

1 Fla. VI, 5; Iowa, IV, 8; Nev. V, 6; Vt. Pt. II, 11.

2 Ala. V. 6; Ark. VI, 7; Colo. IV, 8; Conn. IV, 6; Del. III. 10; Iowa, IV, 8; Kan. I, 4; Ky. III, 11; La. III, 62; Mich. V, 5; Miss. V, 6; Neb. Exec. 7; Nev. V, 6; N. C. III, 7; Ohio, III, 6; Pa. IV, 10; S. C. III, 14; Tenn. III, 18; Tex; III, 26; Va. IV, 6; W. Va. V, 4; Wis. V, 4.

And see Ind. V, 15; Me. V, Pt. I, 10; 4, Amend.; Or. V, 13.

Md. II 18; Minn. V, 4; N. Y. IV,

Executive powers.--In the absence of statutory regulations, the governor has full power to protect public property.1 He alone may issue a warrant for the arrest of a fugitive from justice.2 The powers and duties expressly given to the executive department are free from interference of the other branches of government.3 The governor is the sole judge of what official communications may be revealed, and of what his official duties are,

and when they are to be performed. He and his subordinates and agents are exempt from the process of courts while engaged in their official duties.5

1 Stephenson v. Little, 10 Mich. 433.

2 Commonwealth v. Hall, 75 Mass. 262.

3 Attorney-General v. Brown, 1 Wis. 513. See ante, Art. III, note. 4 Hartranft's Appeal, 85 Pa. St. 433.

5 Hartranft's Appeal, 85 Pa. St. 433.

§ 7. He shall see that the laws are faithfully executed.

Ala. V, 8; Ark. VI, 7; Colo. IV, 2; Conn. IV, 9; Del. III, 13; Fla. VI,5; Ill. V, 6; Ind. V, 16; Iowa, IV, 9; Kans. I, 3; Ky. III, 14; La. III, 65; Me. Pt. I, 12; Md. II, 9; Mich. V, 6; Minn. V. 4; Miss. V, 9; Mo. V, 6; Neb. V, 6; Nev. V, 7; N. J. V, 6; N. C. III, 7; Ohio, III, 6; Ór. V, 10; Pa. II, 13; R. I. VII, 2; S. C. III, 12; Tenn. III, 10; Tex. IV, 10; Vt. Pt. II, 11; Va. IV, 5; W. Va. VII, 5; Wis. V, 5.

§ 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and law for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

Iowa, IV, 10; Md. II, 10; Mo. V, 11.

And see Ark. VI, 23; Ind. V, 18; Kans. I, 14; Ky. III, 9; La. II, 61; Minn. V, 4; Miss. V, 13; Neb. V, 10; Nev. V, 8; N. J. V, 12; Or. V, 16; R. I. VII, 5; Tenn. III, 14; Tex. IV, 12; W. Va. VII, 9.

Power to fill vacancies.-This section applies only to those cases of vacancies for filling which no other mode is provided,1 in which cases the power is given to the governor alone, and that, whether the legislature is in session or not.2 The power to fill a vacancy and the power to fill an office are distinct in their nature. Where the constitution provides for an election to fill a vacancy, the governor cannot appoint.4 It applies only to vacancies occurring when the original appointing power cannot act, and is limited by the period when it can act.5 The governor has no power, under this section, when a person in possession of the office expressly authorized by statute or the constitution to discharge its duties temporarily, until the power upon whom the duty of election or appointment is devolved can act. The governor may fill

all offices in the State, unless otherwise provided in the constitution or statutes. If appointment to office is vested in the governor, with the advice and consent of the senate, and the term of the incumbent expires during a recess of the legislature, and the governor appoints a successor, such appointme ts a right to hold the office for the full term, subject only to be defeated by the non-concurrence of the senate.8 Whether a failure to elect a successor leaves an office vacant at the expiration of the term, considered, but not fully decided in. The failure to qualify creates no vacancy in the office; it is only in cases where there is no incumbent to hold over that the law permits the executive to appoint.10 An officer elected by the people, holding over his regular term on account of the failure of his successor to qualify, holds over until the place is filled at the next general election. 11 An appointee to fill a vacancy holds till the next regular election.12 An appointment by the governor is not an election. 13 The power to fill a vacancy occurring under the old constitution cannot be exercised after the new constitution goes into effect. 14 The delivery of a commission by the gov ernor completes the appointment to fill a vacancy created during the recess of the legislature, and this section does not apply.15 The executive has authority to revoke a proclamation for election to fill a vacancy, whether the revocation be by the same person who issued the proclamation or not. 16 Where the term of an appointee is not regulated by law, he is removable at the governor's pleasure; 17 but the governor cannot exercise the power of removal in cases where the tenure is defined; 18 as members of police boards. 19 The governor is not authorized to fill a vacancy in the office of major-general of the national guard during a recess of the senate without its consent, in time of peace.20 The appointment to fill a vacancy in the office of state librarian is in the board of trustees and not in the governor.21 The right of appointment to fill the vacancy in a county office extends only to the period between the death, resignation, or removal of the incumbent and the beginning of the new term by regular succession.22 The governor has no authority to issue a commission pending a contest for the office.23 The authority of the governor to fill a vacancy is not judicial, but is subject to review by the courts.24 The authority conferred on the governor to fill a vacancy confers no judicial authority.2 "Until next regular election" means until the next regular election for the office in which a vacancy has occurred.26

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