Part 20 (1/2)

[Ill.u.s.tration: CROSSING THE ISTHMUS.]

SEC. 20. No Senator or member of a.s.sembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people.

SEC. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State; provided, that officers in the militia, to which there is attached no annual salary, or local officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.

SEC. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this State, shall ever be eligible to any office of honor, trust, or profit, under the State; and the Legislature shall, as soon as practicable, pa.s.s a law providing for the punishment of such embezzlement, or defalcation as a felony.

SEC. 23. No money shall be drawn from the Treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws, at every regular session of the Legislature.

SEC. 24. The members of the Legislature shall receive for their services, a compensation to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected.

SEC. 25. Every law enacted by the Legislature, shall embrace but one object, and that shall be expressed in the t.i.tle; and no law shall be revised, or amended, by reference to its t.i.tle; but in such case, the act revised, or section amended, shall be re-enacted and published at length.

SEC. 26. No divorce shall be granted by the Legislature.

SEC. 27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

SEC. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and fifty-two, and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken, under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature.

SEC. 29. The number of Senators and Members of a.s.sembly, shall, at the first session of the Legislature, holden after the enumeration herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of Members of a.s.sembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand: and after that period, at such ratio that the whole number of Members of a.s.sembly shall never be less than thirty, nor more than eighty.

SEC. 30. When a congressional, senatorial, or a.s.sembly district, shall be composed of two or more counties, it shall not be separated by any county belonging to another district; and no county shall be divided, in forming a congressional, senatorial, or a.s.sembly district.

SEC. 31. Corporations may be formed under general laws, but shall not be created by special act, except for munic.i.p.al purposes. All general laws and special acts pa.s.sed pursuant to this section may be altered from time to time, or repealed.

SEC. 32. Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law.

SEC. 33. The term corporations, as used in this article, shall be construed to include all a.s.sociations and joint-stock companies, having any of the powers or privileges of corporations not possessed by individuals or partners.h.i.+ps. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons.

SEC. 34. The Legislature shall have no power to pa.s.s any act granting any charter for banking purposes; but a.s.sociations may be formed under general laws, for the deposit of gold and silver; but no such a.s.sociation shall make, issue, or put in circulation, any bill, check, tickets, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money.

SEC. 35. The Legislature of this State shall prohibit, by law, any person or persons, a.s.sociation, company, or corporation, from exercising the privileges of banking, or creating paper to circulate as money.

SEC. 36. Each stockholder of a corporation, or joint-stock a.s.sociation, shall be individually and personally liable for his proportion of all its debts and liabilities.

SEC. 37. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, a.s.sessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in a.s.sessments, and in contracting debts, by such munic.i.p.al corporations.

SEC. 38. In all elections by the Legislature, the members thereof shall vote _viva voce_, and the votes shall be entered on the journal.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SEC. 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 shall be elected by the qualified electors, at the time and places of voting for Members of a.s.sembly, and shall hold his office two years from the time of his installation, and until his successor shall be qualified.

SEC. 3. No person shall be eligible to the office of Governor (except at the first election) who has not been a citizen of the United States and a resident of this State two years next preceding the election, and attained the age of twenty-five years at the time of said election.

SEC. 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 a.s.sembly, who shall, during the first week of the session, open and publish them in presence of both houses of the Legislature. 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 said persons, so having an equal and the highest number of votes, for Governor.