Gambar halaman
PDF
ePub

PAL PURPOSES." ALL GENERAL LAWS AND SPECIAL ACTS PASSED PURSUANT TO THIS SECTION MAY BE ALTERED FROM TIME TO TIME, OR REPEALED.

Dues.

SEC. 32. DUES FROM CORPORATIONS SHALL BE SECURED BY SUCH INDIVIDUAL LIABILITY OF THE CORPORATORS, AND OTHER MEANS, AS MAY BE PRESCRIBED BY LAW.

Powers and privileges.

Sec. 33. THE TERM CORPORATIONS, AS USED IN THIS ARTICLE, SHALL BE CONSTRUED TO INCLUDE ALL ASSOCIATIONS AND JOINTSTOCK COMPANIES HAVING ANY OF THE POWERS OR PRIVILEGES OF CORPORATIONS NOT POSSESSED BY INDIVIDUALS OR PARTNERSHIPS. 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.

Banks and bank circulation.

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

Banking privileges.

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

a. The term "municipal” is limited to governmental, and cannot be extended to commer-cial purposes. (Low vs. Marysville, 5 Cal. 214.)

Ecclusive franchises and privileges may be conferred by the Legislature upon persons or corporations. (California State Telegraph Company vs. Alta Telegraph Company, 22 Cal. 398.)

An Act which purports on its face to be and is in fact a special Act, cannot be converted into a. general Act by a declaration of the Legislature in another Act that it shall be considered a general Act. (San Francisco vs. Spring Valley W. W., 48 Cal. 493.)

Corporations, except for municipal purposes, must be formed under general laws, and can erercise no powers except such as are conferred by general laws. (San Francisco vs. Spring Valley W. W., 48 Cal. 493.)

A private corporation to supply a city with water cannot be created by special Act, nor can power to supply a city with water be conferred on a private corporation by special Act. (San Francisco vs. Spring Valley W. W., 48 Cal. 493.)

b. As to the power of the Legislature to regulate the individual liability of stockholders in corporations, see Robinson vs. Bidwell, 22 Cal. 379.

The Legislature of 1861 proposed as an amendment to the Constitution, and as a portion of section thirty-nine to this article, the abrogation and annulling of sections thirty-two and thirty-six; but the proposition was not adopted by the Legislature of 1862. (See Statutes of 1861, 662, and Statutes of 1862, 582.)

Individual liability of corporators.

Sec. 36. Each STOCKHOLDER OF CORPORATION OR JOINT-STOCK ASSOCIATION SHALL BE INDIVIDUALLY AND PERSONALLY LIABLE FOR HIS PROPORTION OF ALL ITS DEBTS AND LIABILITIES.“

Organization of cities and villages.

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, ASSESSMENT, BORROWING MONEY, CONTRACTING DEBTS, AND LOANING THEIR CREDIT, SO AS TO PREVENT ABUSES IN ASSESSMENTS AND IN CONTRACTING DEBTS BY SUCH MUNICIPAL CORPORATIONS."

Legislative elections.

Sec. 38. In all elections by the Legislature, the members thereof shall vote viva voce, and the votes shall be entered on the Journal. Effect of amendments.

SEC. 39. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to article four by the Legislature of eighteen hundred and sixty-one, no officer shall be suspended or superseded thereby until the election and qualification of the several officers provided for in said amendments. (Amendment, proposed 1861 ; ratified 3d September, 1862.)

ARTICLE V.

EXECUTIVE DEPARTMENT. Governor.

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.

a. Legislation is necessary to give practical effect to this provision, and without the aid of legislation it is inoperative. (Trench vs. Teschemaker, 24 Cal. 518.)

b. The proposed Central Pacific Railroad, leading from Sacramento, the eastern portion of the State, is so far a public improvement and sufficiently for the apparent interest of Sacramento that a law authorizing the municipality to become a stockholder is not unconstitutional, as imposing a tax upon a local community for an improvement in which it has no peculiar interest." (Robinson vs. Bidwell, 22 Cal. 379.)

The powers of a municipal corporation may be increased, restricted, or repealed by the Legislature at will, saving only vested rights. (Blanding vs. Burr, 13 Cal. 343.)

The fact that the Legislature has once exercised its powers in limiting the extent of taxation in municipal corporations does not prevent the Legislature from again exercising its power by enlarging the authority to tax. (Id.)

The Legislature may authorize a municipal corporation to pay claims invalid in law, but equitable and just in themselves. (Id.)

The words "taxation” and “assessment” do not have the same signification. The Legislature can have nothing to do with the mode of enforcing the taxing power, represented by the word“ assessment,” except while working under this provision of the Constitution. (Taylor vs. Palmer, 31 Cal. 240.)

Election and term.

Sec. 2. The Governor shall be elected by the qualified electors, at the time and places of voting for members of the Assembly, and shall hold his office four years from and after the first Monday in December subsequent to his election, and until his successor is elected and qualified. (Amendment, proposed 1861; ratified 3d September, 1862.)

Qualifications.

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.

Returns of 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 Assembly, 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.

Commander-in-Chief.

SEC. 5. The Governor shall be Commander-in-Chief of the militia, the army, and navy of this State.

Executive business.

SEC 6. 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.

Execution of laws.

SEC. 7. He shall see that the laws are faithfully executed.

Filling vacancies.

SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governer 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."

Special sessions of Legislature.

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

Executive messages.

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.

Adjournment of Legislature.

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.

Disabilities.

SEC. 12. No person shall, while holding any office under the United States or this State, exercise the office of Governor, except as hereinafter expressly provided.

Reprieves and pardons.

SEC. 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions

a. This power in the Governor is limited by the period when the people or the Legislature can elect or appoint; on the arrival of which his power ceases. (Casserly vs. Fitch, 1 Cal. 519.)

A constitutional officer cannot be divested of his office otherwise than as prescribed by the Constitution. Doubt expressed as to whether the absence of a Judge from the State is such a vacancy as can be supplied by the Executive. (People vs. Wells, 2 Cal. 198.) Where there is a failure to fill an elective office on the expiration of

a term, though the incumbent holds until his successor is appointed and qualifies, the office becomes de jure vacant, and can be filled by the Governor. (Langdon vs. Reid, 5 Cal. 288.)

As to what constitutes a vacancy, consult Ryder vs. Mizner, 7 Cal. 519, and Aylett vs. Langdon, 8 Cal. 1.

A person appointed by the Governor to fill a vacancy in the office of Superintendent of Immigration for San Francisco is entitled to hold until a new appointment by the Governor and Senate. The Governor cannot, after the commission is issued, revoke it; and the appointee cannot be disturbed until the office is filled pursuant to statute. (Wetherbee vs. Cazneau, 20 Cal. 503.)

This section applies only 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 April 28, 1851, concerning officers. (Id.),

When there is a person in possession of an office, who is expressly authorized by statute or Constitution to discharge its duties temporarily, till the electing or appointing power can regularly act, there is no vacancy within the meaning of the constitutional clause. (People vs. Tilton, 37 Cal. 614.)

and limitations, as he 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.

Seal of State.

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.”

Grants and commissions.

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.

Lieutenant-Governor.

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.

When duties of Governor to devolve on Lieutenant-Governor.

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 absence from the State, the powers and duties of the office shall devolve upon the LieutenantGovernor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legis

a. When the Constitution clearly enumerates the events that shall constitute a vacancy in a particular office ( as it is held to do here in regard to the office of Governor) all other causes of vacancy are excluded. (Melony vs. Whitman, 10 Cal. 38.)

« SebelumnyaLanjutkan »