People vs. Tilton, 37 Cal., p. 614. This section only
applies to those cases of vacancies for filling which no
other mode is provided "by the Constitution and laws,"
and has no application to vacancies the mode of filling
which is provided by the law of 1851.-Wetherbee vs.
Cazneau, 20 Cal., p. 503. Whether a failure to elect a
successor leaves an office vacant at the expiration of
the term, in the sense of this section, was considered,
but not fully decided, in People vs. Parker, 37 Cal.,
p. 639. The failure of a Controller elect 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.-Melony vs. Whit-"
man, 10 Cal., p. 38. The power to fill a vacancy and
the power to fill an office are distinct in their nature.-
Aylett vs. Langdon, 8 Cal., p. 1. If the appointment
to an office is vested in the Governor, with the advice
and consent of the Senate, and the term of the incum-
bent expires during a recess of the Legislature, and the
Governor appoints a successor, such appointment vests
in the appointee a right to hold the office for the full
term, subject only to be defeated by the non-concur-
rence of the Senate.-People vs. Mizner, 7 Cal., p. 519.

special

sessions of

SEC. 9. He may, on extraordinary occasions, convene Convene the Legislature by proclamation, and shall state to both Houses, when assembled, the purpose for which they lature. shall have been convened.

the Legis

messages.

SEC. 10. He shall communicate by message to the Executive 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.

Adjourn ture when disagree.

Legisla

the Houses

other office.

SEC. 12. No person shall, while holding any office Not to hold under the United States, or this State, exercise the office of Governor, except as hereinafter expressly provided.

SEC. 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offenses,

Reprioves and

except treason and cases of impeachment, upon such conpardons for 'ditions and with such restrictions and limitations as he offenses.

Keeper of the great seal.

Sign and seal grants and commissions.

Of the
Lieutenant
Governor.

may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the 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. He 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.

SEC. 14. 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. 15. 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. 16. A Lieutenant Governor shall be elected at the same time and places, and in the same manner, as the Governor; and his term of office, and his qualifications of eligibility, shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease.

SEC. 17. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or

powers of devolve on

Governor.

absence from the State, the powers and duties of the office When shall devolve upon the Lieutenant Governor for the resi- Governor due of the term, or until the disability shall cease. But Lieutenant when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of any military force thereof, he shall continue Commander in Chief of all the military forces of the State.

and terms

State

SEC. 18. A Secretary of State, a Controller, a Treas- Election urer, an Attorney General, and a Surveyor General shall of other be elected at the same time and places, and in the same officers. manner as the Governor and Lieutenant Governor, and whose term of office shall be the same as the Governor.

NOTE. All elective officers connected with the Executive Department of the State Government must be elected at the same time.-Brooks vs. Melony, 15 Cal., p. 58; reversing in part People vs. Whitman, 10 Cal., p. 116.

SEC. 19. The Secretary of State shall keep a fair record Duties of Secretary of the official acts of the Legislative and Executive of State. Departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said Article V by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended. thereby, until the election and qualification of the several officers provided for in said amendments.

SEC. 20. The Controller, Treasurer, Attorney General, and Surveyor General, shall be chosen by joint vote of the two Houses of the Legislature at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant Governor.

Election officers for

of State

first term.

tion.

SEC. 21. The Governor, Lieutenant Governor, Secre- Compensatary of State, Controller, Treasurer, Attorney General, and Surveyor General, shall each, at stated times during

their continuance in office, receive for their services a compensation, which shall not be increased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the performance of his official duties.

Judicial powers.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. Judicial powers.

2. Supreme Court, how constituted. Three Justices neces

sary to transact business.

3. Election of Supreme Court Justices.

4. Jurisdiction of the Supreme Court.

5. Judicial Districts-Judges' terms-absence.

6. Jurisdiction of District Courts.

7. County Courts. Judges. Terms and powers of the Court and Probate Judge of San Francisco.

8. Jurisdiction of County Court.

9. Justice of the Peace, their powers and duties.

10. Jurisdiction of Recorders, and other inferior Municipal

Courts.

11. Clerk of the Supreme Court, County Clerk, and other

officers. Their powers and duties.

12. Terms of the Courts, how to be fixed.

13. Fees and perquisites of Judicial officers.

14. Decisions of the Supreme Court to be published.

15. Salaries of Judicial officers, how fixed.

16. Ineligibility of Judges for other offices.

17. Charge of Judges to Juries.

18. Style of "Process."

19. Amendments to Article IV not to affect official incum

bency.

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.

NOTE.-The decisions relative to the jurisdiction of the various Courts are fully annotated in the Code of Civil Procedure, Sections 33 to 133, and are for that reason omitted in this Code.-See Note to Preamble. The Courts may go behind the record evidence of a

statute, and inquire whether it was passed or approved
in accordance with the Constitution.-Fowler vs. Pierce,
2 Cal., p. 165; see Sherman vs. Story, 30 Cal., p. 253.
A law authorizing five per cent damages to be taxed
against the losing party in litigated cases in San Fran-
cisco is constitutional.-Corwin vs. Ward, 35 Cal., p.
195. Each branch of the Judicial Department has its
functions assigned to it, and each is beyond the control
of either of the other departments.-Parsons vs. Tuol-
umne Water Co., 5 Cal., p. 43.

Court.

SEC. 2. The Supreme Court shall consist of a Chief Supreme Justice and four Associate Justices. The presence of three Justices shall be necessary for the transaction of business, excepting such business as may be done at chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment.

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at special elections to be provided by law, at which elections no officer other than judicial shall be elected, except a Superintendent of Public Instruction. The first election for Justices of the Supreme Court shall be held in the year eighteen hundred and sixty-three. The Justices shall hold their offices for the term of ten years from the first day of January next after their election, except those elected at the first election, who, at their first meeting shall so classify themselves by lot that one Justice shall go out of office every two years. The Justice having the shortest term to serve shall be the Chief Justice.

NOTE.-A constitutional officer cannot be divested of his office otherwise than as prescribed by the Constitution. People vs. Wells, 2 Cal., p. 198. The absence of a Judge from the State is not such a vacancy as can be supplied by the Executive under legislative authority; nor is an Act authorizing the Governor to appoint a Judge of the Supreme Court during the absence of one of the Judges from the State, constitutional-People vs. Wells, 2 Cal., p. 610.

Election of
Supreme
Court

Justices.

tion of the

SEC. 4. The Supreme Court shall have appellate juris- Jurisdicdiction in all cases in equity; also in all cases at law Supreme which involve the title or .possession of real estate, or

Court.