SEC. 21. Every chapter and section of an Act of the State Legislature, entitled "An Act to create the office of Commissioner of Transportation, and to define its powers and duties, to fix the maximum charges for transporting passengers and freights on certain railroads, and to prevent extortion and unjust discrimination thereon," approved April first, eighteen hundred and seventy-eight, except chapter three of said Act, shall be null and void, and of no validity whatever from and after the adoption of this Constitution by the people of the State. Referred to the Committee on Corporations other than Municipal.

EXECUTIVE DEPARTMENT.

MR. WHITE introduced the following proposed amendment to the Constitution, in relation to Executive Department:

SECTION 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.

SEC. 2. The Governor, and all State and county officers, shall be elected by the qualified electors of the State of California, as hereinafter provided.

SEC. 3. No person shall be eligible to the office of Governor who has not been a citizen of the United States, and an elector of the State of California, for five years next preceding his election.

SEC. 4. The returns of the election of Governor, and all State officers, shall be sealed up and transmitted to the seat of government, directed to the President of the Senate, who shall open and publish them in presence of the Senate. The person having the highest number of votes for each office shall be declared elected; but in case that any two or more persons shall be found to have an equal and the highest vote for the same office, the Senate shall, by vote, choose one of said persons so having an equal and the highest number of votes for that office.

SEC. 5. The State Senate shall convene at the Capitol of the State on the second Monday after the first Tuesday in every January that is subsequent to a general election, for the purpose of opening the returns and declaring the result, as prescribed in the preceding section.

SEC. 6. The Governor shall be Commander-in-Chief of the militia, the army, and navy of this State.

SEC. 7. He shall transact all executive business with the officers of government, civil and military, and may require information, in writing, from the officers of the Executive Department upon any subject relating to the duties of their respective offices.

SEC. 8. He shall see that the laws are faithfully executed.

SEC. 9. 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.

SEC. 10. He shall communicate, by message, to the Legislature, at every session, the condition of the State, and recommend such matters as he shall deem expedient.

SEC. 11. In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature. SEC. 12. No person shall, while holding any office under the United States, or this State, exercise the office of Governor, or be eligible thereto.

SEC. 13. There shall be a seal of this State, which shall be kept by the Governor and used by him officially, and shall be called "The Great Seal of the State of California."

SEC. 14. All grants and commissions shall be in the name and by the authority of "The People of the State of California," sealed with the great seal of the State, signed by the Governor and countersigned by the Secretary of State.

SEC. 15. The Governor shall receive an annual salary of five thousand dollars, to be paid at stated times, as provided by law, which shall be in full for all services to be performed by him for the State, as Governor, or in any other official capacity, and the Legislature shall have no power to grant him an extra compensation whatever for any ex officio service of any kind.

SEC. 16. In cases of impeachment of the Governor, his removal from office, death, or inability to discharge the powers and duties of the said office, resignation, or absence from the State, the power and duties of the office, with its emoluments, shall devolve upon the President of the Senate, or in case there shall be no President of the Senate, or if from any cause he be disqualified to act, then it shall devolve on the Speaker of the Assembly.

SEC. 19. The first election for Governor, Secretary of State, Secretary of Interior Affairs, Treasurer, Attorney-General, and all State and county officers, shall be on the first Wednesday in September, eighteen hundred and seventy-nine; and they shall be qualified and enter on the discharge of their official duties on the second Monday after the first Tuesday in January, eighteen hundred and eighty, and their term of office shall extend to the second Monday after the first Tuesday in January, eighteen hundred and eighty-five. The second election under this Constitution for State and county officers shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty-four; and all subsequent such elections shall be every four years therefrom.

SEC. 20. All State and county officers shall be inaugurated in office on the second Monday after the first Tuesday in January subsequent to their election.

SEC. 21. The term of all State and county officers, other than those of the judiciary and County Supervisors, shall be for the term of four years. SEC. 22. When any office shall, from any cause, become vacant, and no rule is provided by the Constitution or laws for filling such vacancy, the Governor shall have power to fill such vacancy by appointment for the unexpired term, or until the next general election

SEC. 23. The Governor shall have power to grant reprieve or stay of execution of the sentences in all criminal cases after conviction, but no such reprieve or stay of execution shall extend beyond sixty days, except on a unanimous recommendation of the Board of Pardons, as hereinafter provided for.

SEC. 24. The Governor shall nominate, and by and with the advice and consent of the Senate (a majority of all the Senators elected concurring, by ayes and noes), appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the Legislature, or by any legislative enactment.

SEC. 25. The Governor shall have power to remove any officer whom he may appoint, in case of incompetency, drunkenness, or malfeasance in office, and to declare such office vacant, and to fill the same as is herein provided in other cases of vacancy.

SEC. 26. The Governor may, on extraordinary occasions, convene the Legislature by proclamation, stating therein the purpose for which they are convened, and the Legislature shall enter on no business except that for which they shall be called together.

SEC. 27. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate, or be appointed to the same office during the recess of the Senate.

SEC. 28. An account shall be kept by the officers of the Executive Department, and of all the public institutions of the State, of all the money received or disbursed by them, severally, from all sources, and for every service performed, and an annual report thereof, under oath, at the end of each fiscal year shall be made to the Governor; and any officer or State employé who makes a false report shall be guilty of perjury, and punished accordingly, and the Governor shall transmit all such reports to the Legislature at each of its regular sessions, and at extra sessions whenever he may deem it for the public good to do so. SEC. 29. The Governor may at any time require information in writing, under oath, from all persons holding office under the State Government in any capacity whatever, upon any subject relating to the condition, management, receipts, expenses, and disbursements of their respective offices.

SEC. 30. The Governor shall have unquestioned liberty at all times, either personally or by an expert, to examine the books and accounts of any person holding office under the State Government, relating to the business of such office.

SEC. 31. The Governor shall have the right to be present at any meeting that shall be held for the transaction of business by any Board of Commissioners created by the constitutional laws of this State for State administration purposes.

SEC. 32. The Governor shall have power to suspend any officer, other than those of the judiciary, holding position in any capacity under the State Government, for incapacity, drunkenness, or malfeasance in office, and fill the office by temporary appointments; but any officer so suspended, who shall have been elected by the people, shall receive from the Governor a written statement of the charges against him, and he shall have, if he demand it, a speedy jury trial to determine the truth of the charge as set forth by the Governor, and if the jury in such a case shall find the Governor's charges true, the suspension shall be perpetual, and the person suspended shall be fined one thousand dollars, to go to the School Fund, and the Governor shall forthwith appoint a suit

SEC. 18. The Secretary of State shall keep a fair record of the Executive Department of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform all other duties as may be assigned to him by law, including many of those now performed by the Controller. The Secretary of Interior Affairs shall perform the duties now assigned to the Surveyor-General and Registrar of the Land Office, and all other duties that may be assigned to him by law. The Treasurer shall take charge of all moneys belonging to the State in such manner as shall be directed by law. The Attorney-General shall be the legal adviser of

the jury shall find the Governor's charges not true, the person suspended shall forthwith be restored to his office, without any reduction from its original emoluments.

SEC. 33. All civil officers, except members of the Legislature, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States of America, and the Constitution of the State of California, and that I will faithfully discharge the duties of

SEC. 34. For any reasonable cause which shall not be sufficient ground for impeachment, the Governor may remove any Justice of the Supreme Court, or any District Judge, and retire them from office; provided, that in all such cases three fourths of the State Senate shall approve his doing so, in such manner as shall be prescribed by law. Referred to Committee on Executive Department.

THE STATE CREDIT.

MR. SHOEMAKER introduced the following proposed amendment to the Constitution, prohibiting the credit of the State being given or loaned. Amend section ten, article eleven, of the Constitution, so as to read as follows:

SEC. 10. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation, directly or indirectly; nor pledge its faith and credit to, or in aid of, any county, city, city and county, or town; neither shall the State, directly or indirectly, become a stockholder in any association or corporation.

Referred to the Committee on Legislative Department.

STATE BOARD OF EQUALIZATION.

MR. SHOEMAKER introduced the following proposed amendment to article eleven of the Constitution, providing a State Board of Equalization. Amend article eleven of the Constitution by adding a new section, to be known as section twenty-three, and to read as follows:

SEC. 23. The Governor, Controller, and Treasurer shall constitute a State Board of Equalization, with power to revise assessments made by County and District Assessors, in such manner as may be prescribed by law.

Referred to Committee on Legislative Department.

CORPORATIONS.

Garvey, Glascock, Graves,

Tully,

ABSENT.

Hager,

Laine,

White,

Wilson, of Tehama, Winans,

Wyatt,

Mr. President.

Smith, of Santa Clara, Stedman,

Leave of absence for one day was granted Messrs. Ohleyer, Stedman, and Walker, of Marin. Two days' leave was granted to Mr. Glascock. Journal of yesterday read and approved.

PETITIONS-RIGHT OF SUFFRAGE.

MR. BLACKMER presented the following petition from nine hundred and ninety-five citizens of this State, from the Counties of Santa Barbara, Ventura, and Los Angeles:

To the Constitutional Convention in Sacramento, California, assembled:

The undersigned, citizens of California, respectfully petition your honorable body to so amend the Constitution that no citizen of this State shall be disfranchised on account of sex.

LOCAL OPTION.

MR. HALE presented the following petition, signed by O. Keeler and one hundred and fifty other citizens of Ophir, Placer County, California:

To the honorable gentlemen, the members of the Constitutional Convention now assembled:

We, the residents and taxpayers of the State of California, fully realizing the importance of this session and the arduous duties and responsibilities that necessarily rest upon each individual member of said body in the exercise of the powers vested in him; and realizing that many grave questions will present themselves to any body of men who shall assemble to consider such great facts as must necescountry, State, or district, and especially our own loved and endeared State of Cali

Lewis, Lindow,

PRESENT.

Andrews,

Ayers,

Eagon, Edgerton,

Inman,

Johnson,

Barbour,

Estee,

Jones,

Barry,

Estey,

Joyce,

Barton,

Evey,

Kelley,

Beerstecher,

Farrell,

Kenny,

Belcher,

Fawcett,

Keyes,

And yet, with all our boasted advantages of climate, productions, mineral wealth, scenery, etc., we have observed with sorrow and pain the rapid and constant increase of crime and the alarming tendency toward idleness, with all its attendant elements of misery, wretchedness, and want, and in vain do we try to blind ourselves to the frequent necessity of enlarging our State Prisons and lunatic asylums, for even now they are crowded to their utmost capacity. And believing that no greater question can present itself to your honorable body than the education and protection of society, and while we cheerfully submit to and pay the taxes levied upon us for educational and other purposes, we believe that it is unwise and inexpedient to spend millions of dollars for education and then admit of the manufacture and traffic of that which destroys the mental faculties and poisons and destroys the mind. While we have explicit confidence in the judgment and integrity in those we have chosen to represent us, and believing that it will be their highest aim to carry out the will of the people they represent when such will is made known; therefore we would petition your honorable body:

That you will insert in the Constitution a clause, granting to the people the right to say whether they will allow the sale of intoxicating liquors in their midst or not, (better known as Local Option), or a Civil Damage Law, or both. And your petitioners will ever pray.

Referred to the Committee on Legislative Department.

MR. SCHELL presented the following petition from Samuel M. McLean and many other citizens of Stanislaus County:

To the honorable the Constitutional Convention of the State of California:
We, the undersigned, nespectfully petition your honorable body to insert in the
new Constitution of this State, a clause similar to that now in force in the State of
Texas, to wit:

SECTION. The Legislature shall, at its first session, enact a law whereby the qualified voters of any county, voting precinct, town or city, by a majority vote, from time to time, may determine whether the sale of intoxicating liquors shall be prohibited within the prescribed limits.

SAMUEL M. MCLEAN, M. D., and many others. MR. SOULE presented a petition, signed by a large number of citizens of Lassen County, the same as the above presented by Mr. Schell.

REPORT OF COMMITTEE ON RULES.

MR. ESTEE, from the Committee on Rules and Order of Business, made the following report:

MR. PRESIDENT: Your Committee on Rules and Order of Business, to whom was referred a number of proposed amendments, report the same back with recommendations as follows:

First-Resolution number thirty-eight, offered by Mr. Filcher, providing that W. P. Grace be added to the Committee on State Institutions and Public Buildings, recommend that the resolution be indefinitely postponed

Second-Resolution number forty, offered by Mr. Shoemaker, providing that Mr. McCoy be added to the Committee on Water and Water Rights, recommend that the resolution be indefinitely postponed.

Third-Resolution number thirty-nine, offered by Mr. Winans, suggesting that Mr Thompson be added to the Committee on Education, recommend that it be indefinitely postponed The Committee respectfully suggests that under rule six all appointments on committees rests with the President of the Convention. Fourth-Resolutions numbers thirty-six and thirty-seven, offered by Messrs. Stedman and Wellin, respectively, that no member shall be allowed pay for any day

absent with or without leave except in case of sickness or on committee duty. Your committee recommend that the two resolutions last named be indefinitely postponed. The Political Code provides that members of the Legislature shall receive ten dollars per day for the session, and the Act creating this Convention provides that the members thereof shall receive the same per diem as members of the Legislature; hence the pay of members of this Convention is fixed by law. Fifth-Your committee recommends the adoption of the resolution offered by Mr. West, that the Committee on Education be increased from nine to thirteen members. Sixth-Your committee recommends that the resolution offered by Mr. Campbell, to amend rule sixty by striking out the words and figures, "except rules fifty, fiftyone, fifty-two, fifty-three, and fifty-five," and to repeal rule seventy-one, be indefinitely postponed. Seventh-Your committee again earnestly protests against the daily changing of the rules of this Convention; such practice, instead of facilitating business, clogs the wheels of legislation, and too frequently is done to meet individual cases rather Eighth-Your committee also recommend the indefinite postponement of the res olution offered by Mr. Noel, that rule seventy-one be repealed.

than to expedite the general business of legislation.

Ninth-Your committee recommend that rule forty-one, offered by McCallum, providing that rule sixty be changed so that a majority only, instead of two thirds, Resolved, That the Controller be and is hereby authorized and directed to draw his warrant in favor of J. Steppacher for the sum of dollars, for services as Clerk of the Committee on Rules, payable out of the appropriation for this Convention, and that the State Treasurer be and is hereby authorized to pay the same. M. M. ESTEE, Chairman of Committee on Rules and Order of Business.

can change the rules, be indefinitely postponed; also,

The resolution was referred to the Committee on Contingent Expenses. MR. GRACE. I don't know what authority they have to employ a clerk. MR. ESTEE. That will come up when the Committee on Contingent Expenses report.

THE PRESIDENT. The question is on the report of the Committee on Rules and Order of Business.

MR. GRACE. I supposed we were to have no clerks.

THE PRESIDENT. That matter will come up when the report comes from the Committee on Contingent Expenses.

MR. BEERSTECHER. I move that the report of the Committee on Rules and Order of Business be received and adopted.

MR. NOEL. I would like to have a decision of the question. THE PRESIDENT. Every clause of the report will come up in time. The Secretary will read the first clause.

THE SECRETARY read, without objection, to the end of the sixth

clause.

MR. CAMPBELL. I move to amend, by adopting the amendment which provides that two thirds of the Convention may suspend these rules, just as any other rule may be suspended; that we shall not be compelled, if a single member objects, to adhere to the rule for the time being. It provides that the rules may be suspended by a two-thirds vote; and certainly it is proper that they should be suspended. I move, therefore, that the report be so amended, and that that amendment be adopted.

MR. BEERSTECHER. As I understand the report of the committee upon the resolution heretofore offered by Mr. Campbell, it is not only to amend rule sixty so as to admit of a suspension of these rules by a twothirds vote, but it is also to strike out rule seventy-one, in relation to printing.

MR. CAMPBELL. That is a separate proposition by itself. This is a proposition in regard to amending rule sixty, by striking out of it the words and figures "except Rules 50, 51, 52, 53, and 55." If that motion is adopted, then the Convention will be able to suspend these rules by a two-thirds vote. At present it cannot suspend them at all. And that is the whole object of my amendment now. The amendment in regard to rule seventy-one is a separate amendment.

MR. BEERSTECHER. As I stated yesterday, I see no occasion to change my opinion. These rules were well considered, well digested. thoroughly examined by the Convention, and adopted. The matter has been referred back to the committee. They have again examined the rules, and they report that the rules remain as they now are. I hope that the amendment of the gentleman from Alameda, Mr. Campbell, will be voted down; and I hope that we will be able to settle these rules, and not spend hours and hours debating them, and wasting money in that way at the rate of five dollars a minute.

MR ESTEE. The Committee on Rules and Order of Business, in recommending the indefinite postponement of the resolution of the gentleman from Alameda, only carried out the view expressed by the committee when the rules were adopted. They have seen no reason to change their views and they did not think the Convention had changed its views relative to the necessity of protecting minorities in the Convention. The rule proposed to be amended was rule sixty. It provides that "no rule or order of the Convention shall be rescinded or changed without a vote of two thirds and one day's notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two thirds of the members present, except rules fifty, fiftyone, fifty-two, fifty-three, and fifty-five." Rule fifty-five provides: In forming a Committee of the Whole Convention, the President may preside or appoint a member to preside. Propositions or resolutions relating to the Constitution shall be committed to a Committee of the Whole Convention and shall be read in Committee of the Whole by sections. All amendments shall be noted and reported to the Conven

66

tion by the Chairman. After report, the proposition or resolution shall again be subject to amendment before the final question is taken." The point in that rule is that the humblest member on the floor has the right individually to demand that every proposition to be engrafted in the Constitution should be disposed of or heard in the Committee of the Whole. One individual member has a right to demand it, and it is a right that this committtee and this Convention heretofore considered a necessary right: that is, that the Committee of the Whole should give consideration to all these propositions. Now the gentleman proposes to set that aside at any moment and not let the minority go into Committee of the Whole to consider and carefully examine questions of constitutional law. I hope that the amendment of the gentleman from Alameda, Mr. Campbell, will not be adopted, and that the report of the committee will be.

Now, sir, there is a rule of the Assembly and Senate that all rules may be suspended temporarily by a two-third vote, except the third reading of a bill; that a bill should not be read a third time on the day it was introduced. The point is that a bill should not be rushed through the day of its presentation, so that members would be able to give it full and fair consideration. Rule fifty-five is of the same character. The reason for going into Committee of the Whole is to place it in the reach of any member to demand that the Convention go into Committee of the Whole upon any proposition before it is disposed of. The gentleman from Alameda is going to leave it to a two-third vote; then, after an eloquent speech has been made by the gentleman from Alameda, or some other gentleman, the Convention might be carried away and refuse to go into Committee of the Whole, and thereby deprive a minority of the right that they ought to have. I hope that the report of the committee will be adopted.

MR. MCCALLUM. The theory on which these rules are presented and adopted is this: that this Convention, the first week of its session, is so much wiser than the majority of the Convention that to be overruled it must require two thirds of the Convention when it shall have had more experience. The resolution proposed to be changed, and it is one of a great deal of consequence, is that two thirds of this Convention may change a standing rule-two thirds may suspend a standing rule. Argument proceeds upon the ground that a majority having decided that that should be the rule, must not be overruled, even by a unanimous vote; and this Convention, more than once, has done this inconsistent thing, from the very necessity of the case overruling its own standing rule upon that subject.

There seems to be a sensitiveness about changing these rules. Here are seventy odd of them, an unusually large number. Assuming that the Committee on Rules have a vast amount of experience and wisdom, yet it is barely possible that experience has shown that some of these rules ought to be changed. What is there so sacred about rules fifty, fifty-one, fifty-two, fifty-three, and fifty-five that two thirds of the Convention might not suspend any, one, or all of them? The idea upon which the rule as it stands proceeds is that the majority of the Convention is not to be trusted, and the argument seems to be addressed to what is assumed to be a minority of the Convention, to be careful of their rights, or they might lose something by what the majority, or even two thirds, of the Convention might do for that is all the amendment asks. For my part, I do not know who the minority or who the majority of this Convention are. I expect that minorities or majorities may assume various positions. I do not know who will be associated in the majority, or who will be associated in the minority; and when gentlemen talk about the minority in the Convention, I must confess that I do not know to whom that language is addressed. I proceed upon the idea that two thirds of this Convention may be as wise as a majority of the Committee on Rules, and as a majority of the Convention itself was at the beginning of the session when the rules were adopted. That is all that the amendment of my colleague asks, and that is that rule sixty may be so changed that these other rules, the same as all the balance, may be suspended by a two-third vote. The difficulty has come up here again and again with reference to the printing of these propositions. Here is a mass of propositions laid upon our tables, printed at an expense of some two thousand dollars to the State. Some of these resolve, in general terms, that "the Chinese must go," and others that "land-grabbing must be stopped," at an expense of about ten dollars for each lot, and in the aggregate about two thousand dollars has already been expended. MR. BEERSTECHER. I have a statement from the printer here in relation to the cost of the printing and paper of the whole matter-that the printing that has been done up to this time, the total cost of the whole matter, does not exceed eight hundred dollars.

MR. MCCALLUM. I do not object to the interruption, but I would inquire if that includes what we ordered yesterday?

MR. BEERSTECHER. Up to this morning at ten o'clock. MR. MCCALLUM. It is well known that there was a great deal of matter ordered printed yesterday. Perhaps two thousand dollars may be too high, but certainly eight hundred dollars does not indicate it. This rule fifty-two, requiring the printing of propositions, is one of the very propositions which cannot be suspended even by a two-third vote. It cannot, under rule sixty be suspended at all. There is the proposition introduced by Mr. McConnell, which, by his consent, was not printed, but that consent is in violation of rule sixty, which says that rule fifty-two cannot be suspended at all. That whole Constitution ought to be printed, four hundred and eighty copies of it.

MR. FAWCETT. Does rule fifty-two require the printing of propositions?

MR. MCCALLUM. It is rule seventy-one. That is correct. The gentleman is correct about that. These other rules, fifty, fifty-one, fiftytwo, fifty-three, and fifty-five, are the rules which, by rule sixty, cannot be suspended even by an unanimous vote. Now, sir, I believe that that amendment ought to be adopted. There ought to be no rule that this Convention cannot suspend by a two-third vote.