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The constitution of the State of California : adopted in convention, at Sacramento, March 3, 1879 : ratified by a vote of the people May 7, 1879 ... : containing all citations in California reports vols. 1 to 132 online

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UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



Cd/iforr^'B. (^^fitufioiA



SUPPLEMENT



TO



TREADWELL'S



CONSTITUTION OF CALIFOENIA



Containing Citations prom Volumes 133 to 143 of

California Reports, and Amendments

Adopted November 4, 1902, and

November 8, 1904



SAN FRANCISCO
BANCROFT-WHITNEY COMPANY

Law PuBLisuE.is and Law Booksellers
1905






^



6






SUPPLEMENT TO TREADWELL'S CON-
STITUTION OF CALIFORNIA.



Article I, Section 1.

An act making it nnlawfxil to buy or sell quail is
not in violation of this section. (Ex parte Kenneke,
136 Cal. 527, 69 Pac. 261.)

A statute declaring that all contracts for the con-
struction of buildings, with certain exceptions, must
provide for the payment of the contract price in
money, is in violation of this section, (Stimson M.
Co. V. Braun, 136 Gal. 122, €8 Pac. 481.)

The right of property antedates all constitutions.
This right is invaded if the owner is not at liberty
to contract with others respecting the use to which he
may subject his property, or the manner in which he
may enjoy it. (Stimson M. Co. v. Braun, 136 Cal.
122, 68 Pac. 481.)

Article I, Section 5.

The writ of habeas corpus will not issue when the
restraint is not real, but merely nominal and permis-
sive. (In re Gow, 139 Cal. 242.)

Article I, Section 7.

Section 1192 of the Penal Code, conferring upon
the court the power to determine the degree of a
crime upon a plea of guilty, is not unconstitutional
as infringing upon the right of trial by jury. (Peo-
ple v. Chen Lan Ong, 141 Cal. 550.)

The power of the court to grant a new trial for
insufficiency of the evidence, or for excessive dam-
ages, does not violate the right of trial by jury.
(Ingraham v. Weidler, 139 Cal. 588.)

Article I, Section 9.

It is proper for the court to inform the jury as to
the rules of evidence, and the law applicable to the
(3)



4 SUPPLEirENT TO

case, and to tell them that they should go contrary
to the instmetions of the court only when they have
a deep and confident conviction that the court is
■nrong, and that they are right. (People v. Seeley,
139 Cal. 118.)

Article I, Section 11.

A statute providing that all county printing must
be let to persons who have been established in busi-
ness in the county for more than one year is in vio-
lation of this provision. (Van Harlingen v. Dovle,
134 Cal. 53, 66 Pac. 44.)

* An act making it unlawful to buy or sell quail is
not in violation of this section. (Ex parte Kenneke,
1S6 Cal. 527, 69 Pac. 261.)

The case of Abeel v. Clark, 84 Cal. 226, approved
as to the constitutionality of an "act to encourage
and provide for general vaccination in the state of
California." (French v. Davidson, 143 Cal. 659.)

The act regulating the practice of medicine and
surffery does not violate this section. (Ex parte
Gerino, 143 Cal. 412.)

A law is uniform in its operation if it applies alike
1-^ nil persons or objects within the class to which it
relates. (Euperich v. Baohr, 142 Cal. 190.)

An act providing that in divorce suits the final de-
cree shall not be entered until the expiration of one
year from the filing of the decision, is valid. (Deyoe
V. Superior Court, 140 Cal. 476.)

The provision of section 1373 of the Political Code,
making the county in which the indictment was
found chargeable with the support of insane crimi-
nals, is not in violation of this section. (Napa State
Hospital V. Yuba County, 138 Cal. 378.)

Ah to the uniform operation of the County Gov-
ernment Act, wliich goes into effect at different times
as to different counties, see Freman v. IMarsliall, 137
Cal. 159.

The provision of section 1197 of the Political Code
forbidding the name of a nominee to be placed upon
the ballot more than once, is in violation of this sec-
tion. (Murphy v. Curry, 137 Cal. 479.)

T'he act providing for the applicntiou of the sal-
aries of pulilic oHicers to the payment of their debts



TREADWELL'S constitution of CALIFORNIA. 5

is not unconstitutional because not uniform in its op-
eration. (Euperich v. Baelir, 142 Cal. 190.)

Article T, Section 13,

An accused person held in custody an unreasonable
length of time without trial will be discharged upon
habeas corpus. (In re Begerow, 133 Cal. 349, 65 Pac.
81:8.)

Where the court is prohibited from pronouncinsf
judgment upon the defendant because the indictment
is invalid, jeopardy does not attach. (People v. Ter-
rill, 133 Cal. 120, 65 Pac. 303.)

A law authorizing the commitment of a person to
an insane asylum without notice is void. (Matter of
Lambeit, 134 Cal. &26, 66 Pac, 851.)

A vested right in a pension fund is property within
the meaning of this provision. (Kavanagh v. Board
of Police P.P. Commrs., 134 Cal. 50, 66 Pac. 36.)

The shortness of the period of constructive notice
to nonresident 'heirs of the probate of a will does not
deprive them of due process of law, since they are
allowed to contest the will within a vear after pro-
bate. (Estate of Davis, 136 Cal. 590-, 69 Pac. 412.)

An ex parte order for alimony is void. (Baker v.
Baker, 136 Cal. 302, 68 Puc. 97i.)

The so-called front foot method of assessment is
valid. (San Francisco Pav. Co. v. Bates, 134 Cal. 33,
661 Pac. 2; Chapman v. Ames, 135 Cal. 246, 67 Pac.
1125; Belsor v. Allman, 134 Cal. 399, 66 Pac. 492;
Eeid V. Clay, 134 Cal. 207, 66 Pac. 262; Alameda v.
Cohen, 133 Cal. 5, 65 Pac. 127; German Sav. etc. Soc.
v. Eamish, 138 Cal. 120.)

A conviction for petit larceny committed in con-
nection with a burglary is not a bar to a prosecution
for burglary, (People v. Devlin, 143 Cal. 128.)

The fact that the street bond act does not in terms
give a lienholder an opportunity to object, does not
render it unconstitutional. (German Sav. etc, Soc. v.
Eamish, 138 Cal. 120.)

Article I, Section 14,

The fact that a road is called a private road does
not prevent the condemnation of land therpfor.
(County of Madera v. Eaymond G. Co., 139 Cal, 128.)



6 SUPPLEMENT TO

The street bond act, authorizing the imposition of
a charge upon property for ten years is not invalid,
as taking private property for public use. (German
Sav. etc. Soc. v. Eami-h, 138 Cal. 120.)

Section 1254 of the Code of Civil Procedure, pro-
viding that the plaintiff in an action of eminent domain
may enter into possession without first making com-
pensation, is in violation of this section. (Steinhart
V. Superior Court, 137 Cal. 575; Beveridge v. Lewis,
137 Cal. 619.)

Article I, Section 15.

To punish a person by imprisonment for failure to
pay a debt to a receiver is in violation of this pro-
vision. (Knutte V. Superior Court, 13-i Cal. li(50, l56i Pae.
875.)

Article I, Section 21.

A statute providiug that all county printing must
be let to persons who have been established in busi-
ness in the county for more than one year is in viola-
tion of this section. (Van Harlingen v. Doyle, 134
Cal. 53, 66 Pac. 44.)

The act regulating the practice of medicine and
surgery does not violate this section. (Ex parte
Gerino, 143 Cal. 412.)

An act applying uniformly to all cities of a par-
ticular class is not in violation of this section. (Ex
parte Jackson, 143 Cal. 564.)

The provision of section 1197 of the Political Code,
forbi<lding the name of a nominee to be placed upon
the ballot more than once, is in violation of this sec-
tion. (Murphy v. Curry, 137 Cal. 479.)

Article II, Section 6.

Sec. 6. The inliil)itions of this Constitution
to the contrary notwithstanding, the legislature
shall have power to provide that in different
parts of the state difTercnt methods may be em-
ployed for receiving and registering the will of



TKEADWELL'S CONSTITUTIOIf OF CALIFORNIA. 7

the people as expressed at elections, and may
provide that meclianical devices may be used
within designated subdivisions of the state at the
option of the local authority indicated by the
legislature for that purpose. (Amendment
adopted November 4, 1902.)

Article Til, Section 1.

.The legislature may invest judicial officers with
power to punish for contempt. (Crocker v. Conrev, 140
Cal. 213.)

The legislature cannot invest ministerial officers
with the power to punish individuals by fine and
imprisonment. (Burns v. Superior Court, 140 Cal. 1.)

The power to remove a public officer for cause is
not judicial in its character. (Matter of Carter, 141
Cal. 316.)

Article IV, Section 1.

An act authorizing a commissioner to require fac-
tories and workshops to provide mechanical contri-
vances to prevent the inhaling of dust, filaments and
gases, when it appears to him that it can be to a
great extent prevented by such contrivances, is an
unlawful delegation of legislative functions. (Schaez-
lein v. Cabaniss, 135 Cal. 466, 67 Pac. 755.)

Article IV, Section 24.

An act entitled "An act to establish a uniform
system of county and township governments" cannot
provide for the salaries of official reporters of the
superior courts. (Pratt v. Browne, 185 Cal. 649, 67
Pac. 1082.)

The provision of an act entitled "An act creating
a board of commissioners of building and loan asso-
ciations, and prescribing their duties and powers,"
as to withdrawals is not expressed in the title of the
act. (Provident etc. Assn. v. Davis, 143 Cal. 253.)

It is a sufficient compliance with this provision to
republish the section of the act amended. (Estate of
Campbell, 143 Cal. 623.)



8 SUPrLEMEXT TO

The act of April 9, 18S0, amending one hundred aud
eitrht sections of the Penal Code, reponling ten sec-
tions, and adding a new section thereto, is not a
revision of the entire code, requiring a republication
thereof. (Peorle v. Oates, 142 Cal. 12.)

An act entitled an act to amend a particular sec-
tion of one of the codes suflficientlv states the sub-
ject of the act. (People v. Gates, 142 Cal. 12.)

An act purporting in its title to deal wit'h publica-
tions by certain public officers cannot in the body of
the act provide for other classes of publications.
(Estate of Molone, 141 Cal. 331.)

The fact that an act does not deal with the matter
of crimes and punishments does not prevent it from
being in the form of an amendment to the Penal Codo,
if its title shows its subject matter, (County of Butte
V. Merrill, 141 Cal. 396.)'

An act entitled "An act to establish a tax on col-
lateral inheritances, bequests, and devises" cannot
impose such a tax on direct kindred. (Estate of
Winchester, 140 Cal. 468.)

An act entitled an act to add a new section to a
named code relating to a named subject is sufficient
to embrace all matters relating to such subject.
(Devoo V. Supf>rior Court, 140 Cal. 476.)

The ease of Abeol v. Clark, 84 Cal, 226, approved
as to the constitutionality of an "Act to encourage
and provide for general vaccination in the stnte of
California," (French v, Davidson, 143 Cal, 659.)

The fact that an act adds certain sections which
relate to procedure to the Civil Code, instead of the
Code of Civil Procedure, does not make it invalid.
(Deyoe v. Superior Court, 140 Cal. 476.)

As to whether an act is an amendment or a re-
vision of another act, see Beach v. Von Detten. 139
Cal. 462,

The preservation of fish and game is a single sub-
ject of legislation. (Ah King v. Police Court, 139
Cal. 718.)

Siibject of act held to be within title. (Jackson
V. Baehr, 138 Cal. 266.)

The provision of the act regulating the practice of
7i!C(lifine and surgery, that tiie board of examinors
sliall be elected liy various medical societies does not



TREADWELL'S CONSTITUTION OF CALIFORNIA. 9

grant any special right, privilege, or immunity to
suc'h societies. (Ex parte Gerino, 143 Cal. 412.) '

Article IV, Section 25.

A law requiring insane persons in state institutions
to be supported out of their own estates is not in vio-
lation of this section. (Estate of Yturburru, 134 Cal.
567, 66 Pae. 729.)

An act relating to license taxes in cities of a par-
ticular class is not a special law. (Ex parte Jack-
sou. 143 Cal. 564.)

The collateral inheritance tax act is not unconstitu-
tional because it taxes brothers and sisters, and ex-
empts the wife of a son, the widow of a son, and the
husband of a daughter, the classification being based
on a natural distinction. (Estate of Campbell, 143
Cal. 623.)

An act providing that in divorce suits the final de-
cree shall not be entered until the expiration of one
vear from the filing of the decision, is valid. (Deyoe
V. Superior Court, 140 Cal. 476.)

The case of Abeel v. Clark, 84 Cal. 226, approved
as to the constitvitionality of an "Act to encourage
and provide for general vaccination in the state of
California." (French v. Davidson, 143 Cal. 659.)

The act providing for the application of the sal-
aries of public officers to the payment of their debts
is not a special law because it creates a distinct class
of debtors and provides a special method of reaching
such salaries. (Ruperich v. Baehr, 142 Cal. 190.)

A law is not special if it relates to a class, and the
cl^ss is founded upon intrinsic differenf^es, requiring or
reasonablv justifying different regulations. (Eupe-
rich V. Paehr, 142 Cal. 190.)

As to when an entire act will not be affected by
the fact that one provision thereof is special, see
Davidson v. Von Detten, 139 Cal. 467.

Ser-tion 1143 of the Penal Code relating to fees of
jurors in criminal actions is not a special law. (Jack-
son V. Baehr, 138 Cal. 266.)

The provision of section 1373 of the Political Code,
making the county in which the indictment was found
chargeable with the support of insane criminals, is



10 SUPPLEMENT TO

not a special law. (Napa State Hospital v. Tuba
County, 138 Cal. 378.)

The provision of section 1203 of the Code of Civil
Procedure, requiring contractors for the erection of
buildings to secure their contracts by bonds, is a
special law. (Shaughnessy v. American Surety Co.,
138 Cal. 543.)

The provisions of the Political Code in regard to
road taxes are not in violation of this section, be-
cause cities and towns are exempted from their opera-
tion, since this does not exempt cities and towns from
the tax, but compels cities and towns to maintain
their streets under the street improvement act. (!Mil-
ler V. County of Kern, 137 Cal. 516.)

Article IV, Section 25%.

Sec. 25-1. The legislature may provide for the
division of the state into fish and game districts,
and may enact such laws for the protection of
fish and game therein as it may deem appropriate
to the respective districts. (Amendment adopted
Xovember 4, 1902.)

Article IV, Section 31.

The provision of the Political Code for the repay-
ment to purchasers of swamp lands of the amounts
which they had paid for their lands, being a part
of the contract between them and the state, is not
a gift of public money. (McCord v. Slavin, 143 Cal.
325.)

An act providing for the payment of fees to jurors
for past services, where there was no previous liabil-
ity therefor, is in violation of this section. (Powell
v." Phelan, 138. Cal. 271.)

Article IV, Section 32.

The legislature cannot retroactively giv^ an offii'er in-
creased compensation over that fixed by law when liis
term coninu'iice<l, by ratifying the pavment of such
increased compensation. (County of Butte v. Merrill,
141 Cal. 396.)



TREADWELL'S CONSTITUTION OF CALIFORNIA. 11

Article IV, Section 36.

Sec. 36. The legislature shall have power to
establish a system of state highways or to declare
any road a state highway, and to pass all laws
necessary or proper to construct and maintain
the same, and to extend aid for the construction
and maintenance in whole or in part of any
county highway. (Amendment adopted Novem-
ber 4, 1902.)

Article VI, Section 1.

Sec. 1. The judicial power of the state shall
be vested in the senate, sitting as a court of im-
peachment, in a supreme court, district courts of
appeal, superior courts, justices of the peace, and
such inferior courts as the legislature may estab-
lish in any incorporated city or town, or city and
county. (Amendment adopted November 8,
1904.)

An act providing for a police judge necessarily pre-
supposes a police court. (Ex parte Mauch, 134 Cal.
500, 66 Pac. 734.)

The legislature may provide that the city council
shall be the final and exclusive judge of the election
of all municipal officers. (Carter v. Superior Court,
138 Cal. 150.)

The legislature cannot invest ministerial officers
with the power to punish individuals by fine and
imprisonment. (Burns v. Superior Court, 140 Cal. 1.)

The legislature may invest judicial officers with
power to punish for contempt. (Crocker v. Conrev,
140 Cal. 213.)

The supreme court only has jurisdiction in probate
proceedings as may be provided by law. (Estate of
Cahill, 142 Cal. 628.)



12 SUPPLEMENT TO

An action to foreclose a mechanic's lien ov to
reach the fund in the hands of the owner, being an
equitable action, is within the appellate jurisdietinu
of the supreme court. (Weldon v. Superior Court, 138
Cal. 427.)

Article VI, Section 4.

Sec. 4. The supreme court shall have appellate
jurisdiction on appeal from the superior courts in
all cases in equit}'^ except such as arise in justices'
courts; also, in all cases at law which involve the
title or possession of real estate, or the legality
of any tax, impost, assessment, toll, or municipal
tine, or in which the demand, exclusive of interest,
or the value of the property in controversy,
amounts to two thousand dollars ; also, in all such
probate matters as may be provided by law; also,
on questions of law alone, in all criminal cases
where judgment of death has been rendered ; the
said court shall also have appellate jurisdiction in
all cases, matters, and proceedings pending before
a district court of appeal which shall be ordered
by the supreme court to be transferred to itself
for hearing and decision, as hereinafter provided.
The said court shall also have power to issue writs
of mandamus, certiorari, prohibition, and habeas
corpus, and all other writs necessary or proper to
the complete exercise of its appellate jurisdiction.
Each of the justices shall have power to issue
writs of liabeas corpus to any part of the state,
upon ])ctition by or on behalf of any person held
in actual custody, and may make sucli writs re-



TREADWELL's constitution of CALIFORNIA. 13

turnable before himself or the supreme court, or
before any district court of appeal, or before any
judge thereof, or before any superior court in the
state, or before any judge thereof.

The state is hereby divided into three appellate
districts, in each of which there shall be a district
court of appeal consisting of three justices. The
first district shall embrace the following counties :
San Francisco, Marin, Contra Costa, Alameda,
San Mateo, Santa Clara, Fresno, Santa Cruz,
Monterey, and San Benito.

The second district shall embrace the following
counties: Tulare, Kings, San Luis Obispo, Kern,
Inyo, Santa Barbara, Ventura, Los Angeles^ San
Bernardino, Orange, Riverside, and San Diego.

The third district shall embrace the following
counties : Del Norte, Siskiyou, Modoc, Humboldt,
Trinity, Shasta, Lassen, Tehama, Plumas, Mendo-
cino, Lake, Colusa, Glenn, Butte, Sierra, Sutter,
Yuba, Nevada, Sonoma, Xapa, Yolo, Placer,
Solano, Sacramento, El Dorado, San Joaquin,
Amador, Calaveras, Stanislaus, Mariposa, Madera,
Mercedj Tuolumne, Alpine, and Mono.

The supreme court, by orders entered in its
minutes, may from time to time remove one or
more counties from one appellate district to an-
other, but no county not contiguous to another
county of a district shall be added to such district.

Said district courts of appeal shall hold their
regular sessions respectively at San Francisco,



14 SUPPLEMENT TO

Los Angeles, and Sacramento, and they shall al-
ways he open for the transaction of hnsine^^s.

The district courts of appeal shall have appellate
jurisdiction on appeal from the stiperior courts in
all cases at law in which the demand, exclusive of
interest, or the value of the pro]ierty in contro-
versy, amounts to three hundred dollars, and does
not amount to two thousand dollars; also, in all
cases of forcible and unlawful entry and detainer
(except such as arise in justices' courts), in pro-
ceedings in insolvency, and in actions to prevent
or abate a nuisance ; in proceedings of mandamus,
certiorari, and prohibition, usurpation of office,
contesting elections and eminent domain, and in
such other special proceedings as may be provided
liy law (excepting cases in which appellate juris-
diction is given to the supreme court) ; also, on
questions of law alone, in all criminal cases prose-
cuted by indictment or information in a court of
record, excepting criuiinal cases where judgment
of death has been rendered. The said courts
shall also have appellate jurisdiction in all cases,
matters, and proceed ings pending before the su-
preme court which sliall be ordered bv the su-
preme court to be transferred to a district court
of appeal for hearing and decision. The said
courts shall also have power to issue writs of man-
damus, certiorari, prohibition, and habeas corpus,
find all other writs necessary or proper to the com-
plete exercise of tbeir appellatc^ jurisdiction.



TREADWELL 'S CONSTITUTION OF CALIFORNIA, 15

Each of the justices thereof shall have power to
issue writs of habeas corpus to any part of his ap-
pellate district upon petition hy or on behalf of
any person held in actual custody, and may make
such writs returnable before himself or the dis-
trict court of appeal of his district, or before any
superior court within his district, or before any
judge thereof.

The supreme court shall have power to order
any cause pending before the supreme court
to be heard and determined by a district court of
appeal, and to order any cause pending before a
district court of appeal to be heard and deter-
mined by the supreme court. The order last
mentioned may be made before judgment has been
pronounced by a district court of appeal, or with-
in thirty days after such judgment shall have be-
come final therein. The judgments of the dis-
trict courts of appeal shall become final therein
upon the expiration of thirty days after the same
shall have been pronounced.

The supreme court shall have power to order
causes pending before a district court of appeal
for one district to be transferred to the district
court of appeal of another district for hearing
and decision.

The justices of the district courts of appeal
shall be elected by the qualified electors within
their respective districts at the general state elec-
tions at the times and places at which justices of



16 SUPPLEMENT TO

the supreme court are elected. Their terms of
office and salaries shall be the same as those of
justices of the supreme court, and their salaries
shall he paid by the state. Upon the ratification
by the people of this amendment the governor
shall appoint nine persons to serve as justices of
the district courts of appeal until the first Mon-
day after the first day of January in the year
1907, provided, that not more than six of said
persons shall he members of the sauie political
party. At the election in the year 1906 nine of
such justices shall be elected as above provided,
and the justices of each district court of appeal
shall so classify themselves by lot that one of them
shall go out of office at the end of four years, one
of them at the end of eight years, and one of them
at the end of twelve years : an entry of such classi-
fication shall be made in the minutes of the court,
signed by the three justices thereof, and a dupli-
cate thereof filed in the office of the secretary of
state. If any vacancy occur in the office of a jus-
tice of the district courts of appeal, the governor
shall appoint a person to hold olhcc until the elec-
tion and qualification of a justice to fill the va-
cancy; such election shall take place at the next
succeeding general state election as aforesaid ; the
justice then elected shall hold the office for the
unexpired term.

One of the justices of each of the district courts
of appeal shall be the presiiling justice thereof.



TKEADWELL'S CONSTITUTION OF CALIFORNIA. 17

and as such shall be appointed or elected as the
case may be. The presence of three justices shall
be necessary for the transaction of any Itusiness by
such court, except such as may be done at cham-