power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficient, or the whole, if necessary, of the organized National Guard, or enrolled militia of the state, to proceed to the assistance of the sheriff. En. February 14, 1872. Crim. Prac. Act, sec. 39. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 726. Magistrates and officers to command rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. En. February 14, 1872. Crim. Prac. Act, sec. 40. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Suppressing riots: See ante, sec. 697, subd. 3. § 727. To arrest rioters if they do not disperse. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present, or within the county. En. February 14, 1872. Crim. Prac. Act, sec. 41. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 42. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See ante, sec. 723. § 728. Officers who may order out the military. When there is an unlawful or riotous assembly with the intent to commit a felony, or to offer violence to person or property, or to resist by force the laws of the state or of the United States, and the fact is made known to the governor, by any justice of the supreme court, or the judge of the superior court, or sheriff of the county, or the mayor or chief of police of a city, or the president of the board of supervisors of the cities and counties of Sacramento and San Francisco, the governor may issue an order directed to the commanding officer of a division or brigade of the organized National Guard, or enrolled militia of the state, to order his command, or such part thereof as may be necessary, into active service, and to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws. En. February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 46. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Governor may call out militia to execute laws, suppress insurrection and repel invasion: Const. Cal., art. VIII, sec. 1. § 729. Commanding officer and troops to obey the order. The organized National Guard or enrolled militia, or such portion thereof as shall be called into active service, as provided in section seven hundred and twenty-eight, must appear at the time and place appointed, fully armed and equipped, and with not less than forty rounds of ball cartridge to each man, in infantry or cavalry, and with not less than twenty rounds of grape, canister, or round shot, if artillery. En. February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 47. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 730. Armed force to obey orders of whom. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, as provided in section seven hundred and thirty-one, it must obey the orders in relation thereto of such civil officer. En. February 14, 1872. Am'd. 1880, 32. § 731. Conduct of the troops. Whenever any portion of the National Guard or enrolled militia shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of the state or of the United States, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly; and his honest and reasonable judgment in the exercise of his duty shall be full protection, civilly and criminally, for any act or acts done while on duty. No officer who has been called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or unlawful assemblage under penalty of being cashiered by sentence of a court-martial. En. February 14, 1872. Am'd. 1895, 193. § 732. Governor may declare a county in a state of insur.ection. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted, and has not been sufficient to enable the officers having the process to execute it, he may, on the application of the officer, or of the district attorney, or judge of a superior court of the county, by proclamation, published in such papers as he may direct, declare the county to be in a state of insurrection, and may order into the service of the state such number and description of the organized National Guard, or volunteer uniformed companies, or other militia of the state, as he deems necessary, to serve for such term and under the command of such officer as he may direct. En. February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 48. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Governor is commander-in-chief: See Const. Cal., art. V, sec. 5. § 733. May revoke the proclamation. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time and in the manner directed by him. En. February 14, 1872. Crim. Prac. Act, sec. 49. En. April 20, 1850. 290. En. 1851, 212. Rep. 1851, § 734. Right to parade with arms. It shall not be lawful for any body of men whatever, other than the regu lar organized National Guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided further, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor and subject to arrest and punishment therefor. En. Stats. 1895, 193. TITLE II. OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT OR OTHERWISE. Chapter I. Of Impeachments, §§ 737-753. II. Of the Removal of Civil Officers Otherwise than by Impeachment, §§ 758-772. CHAPTER I. OF IMPEACHMENTS. Articles, how prepared. Trial by senate. § 738. § 739. $ 740. $ 741. § 742. $ 743. $744. Time of hearing. Service on defendant. Proceedings on failure to appear. Defendant, after appearance, may answer or demur. Two thirds necessary to a conviction. Judgment on conviction, how pronounced. Nature of the judgment. $ 745. $ 746. $ 747. $ 748. The same. $ 749. $ 750. Effect of judgment of suspension. $ 751. Impeachment disqualifies until acquittal. filled. $ 752. $ 753. Vacancy, how Presiding officer when lieutenant-governor is impeached. The governor, $737. Officers liable to impeachment. lieutenant-governor, secretary of state, controller, treas urer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in office. En. February 14, 1872. Am'd. 1880, 3. Crim. Prac. Art. sec. 51. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Impeachment. This section is taken from the first portion of section 18 of article IV of the state constitution. |