except in cases of wilful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace. (Constitution, art. I, sec. 15.)

SEC. 43.

BILL OF ATTAINDER-EX POST FACTO LAW-OBLIGATION OF CONTRACT.

No bill of attainder, ex post facto law, or law impairing the obligations of contracts, shall ever be passed. (Constitution, art. I, sec. 16.)

SEC. 44.

PRIVILEGES AND IMMUNITIES.

No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature, nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens. (Constitution, art. I, sec. 21.)

SEC. 45.

CONSTITUTION MANDATORY.

The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. (Constitution, art. I, sec. 22.)

SEC. 46.

RIGHTS RESERVED BY PEOPLE.

This enumeration of rights shall not be construed to impair or deny others retained by the people. (Constitution, art. I, sec. 23.)

SEC. 47.

NO PROPERTY QUALIFICATION OF ELECTORS.

No property qualification shall ever be required for any person to vote or hold office. (Constitution, art. I, sec. 24.)

SEC. 48.

RIGHT TO FISH.

The people shall have the right to fish upon and from public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted. therein by the State; provided, that the Legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken. (Constitution, art. I, sec. 25.)

SEC. 49.

PRIMARY ELECTIONS.

The Legislature shall have the power to enact laws relative to the election of delegates to conventions of political parties; and the Legislature shall enact laws providing for the direct nomination of candidates for public office, by electors, political parties, or organizations of electors without conventions, at elections to be known and designated as primary elections; also to determine the tests and conditions upon which electors, political parties, or organizations of electors may participate in any such primary election. It shall also be lawful for the Legislature to prescribe that any such primary election shall be mandatory and obligatory. The Legislature shall also have the power to establish the rates of compensation for primary election officers serving at such primary elections in any city, or city and county, or county or other subdivision of a designated population, without making such compensation uniform, and for such purpose such law may declare the population of any city, city and county, county or political subdivision; provided, however, that until the Legislature shall enact a direct primary election law under the provisions of this section, the present primary election law shall remain in force and effect. (Constitution, art. II, sec. 21.)

SEC. 50.

LIMITATIONS UPON THE POWER OF THE LEGISLATURE TO

ENACT LAWS.

The legislative power of this State shall be vested in a Senate and Assembly which shall be designated "The Legislature of the State of California," but the people reserve to themselves the power to propose laws and amendments to the Constitution, and to adopt or reject the same, at the polls independent of the Legislature, and also reserve the power, at their own option, to so adopt or reject any act, or section or part of any act, passed by the Legislature. The enacting clause of every law shall be "The people of the State of California do enact as follows:'

No act passed by the Legislature shall go into effect until ninety days after the final adjournment of the session of the Legislature which passed such act, except acts calling elections, acts providing for tax levies or appropriations for the usual current expenses of the State, and urgency measures necessary for the immediate preservation of the public peace, health or safety, passed by a two-thirds vote of all the members elected to each House.

*

*

*

*

*

Whenever it is deemed necessary for the immediate preservation of the public peace, health or safety, that a law shall go into immediate effect, a statement of the facts constituting such necessity shall be set forth in one section of the act, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon; provided, however, that no measure creating or abolishing any office or changing the salary, term or duties of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be

construed to be an urgency measure. Any law so passed by the Legislature and declared to be an urgency measure shall go into immediate effect. (Constitution, art. IV, sec. 1.)

SEC. 51.

LENDING PUBLIC CREDIT PROHIBITED.

The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township, or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public money or thing of any value to any individual, municipal or other corporation whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to section twenty-two of this article; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever; provided, further, that irrigation districts for the purpose of acquiring the control of any entire international water system necessary for its use and purposes, a part of which is situated in the United States, and a part thereof in a foreign country, may in the manner authorized by law, acquire the stock of any foreign corporation which is the owner of, or which holds the title to the part of such system situated in a foreign country. (Constitution, art. IV, sec. 31.)

SEC. 52.

REGULATION OF CHARGES OF PUBLIC SERVICE CORPORATIONS. The Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities furnished by telegraph and gas corporations, and the charges by corporations or individuals for storage and wharfage, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation or individual interested in the business to be regulated, and no person shall be selected who is an officer or stockholder in any such corporation. (Constitution, art. IV, sec. 33.)

SEC. 53.

STATE HIGHWAY SYSTEM AUTHORIZED.

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. (Constitution, art. IV, sec. 36.)

SEC. 532.

COURTS OF THIS STATE.

The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts and such inferior courts as the Legislature may establish in any incorporated city or town, township, county, or city and county. (Constitution, art. VI, sec. 1.)

SEC. 54.

LEGISLATURE TO PROVIDE INFERIOR COURTS.

The Legislature shall determine the number of each of the inferior courts in incorporated cities or towns, and in townships, counties, or cities and counties, according to the population thereof and the number of judges or justices thereof, and shall fix by law the powers, duties and responsibilities of each of such courts and of the judges or justices thereof; provided, such powers shall not in any case trench upon the jurisdiction of the several courts of record, except that the Legislature shall provide that said courts shall have concurrent jurisdiction with the Superior Courts in cases of forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and where the whole amount of damages claimed does not exceed two hundred dollars, and in cases to enforce and foreclose liens on personal property when neither the amount of liens nor the value of the property amounts to three hundred dollars. (Constitution, art. VI, sec. 11.)

SEC. 55.

COURTS OF RECORD.

The Supreme Court, the District Courts of Appeal, the Superior Courts, and such other courts as the Legislature shall prescribe, shall be courts of record. (Constitution, art. VI, sec. 12.)

SEC. 56.

JURISDICTION OF INFERIOR COURTS AND POWERS OF JUDGES.

The Legislature shall fix by law the jurisdiction of any inferior courts which may be established in pursuance of section one of this article, and shall fix by law the powers, duties, responsibilities of the judges thereof. (Constitution, art. VI, sec. 13.)

SEC. 57.

COURT CLERKS-COMMISSIONERS.

The county clerks shall be ex officio clerks of the courts of record in and for their respective counties, or cities and counties. The Legisla ture may also provide for the appointment, by the several superior courts, of one or more commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the Judges of the Superior Courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law. (Constitution, art. VI, sec. 14.)

SEC. 58.

FEES OF JUDICIAL OFFICERS ABOLISHED.

No judicial officer, except court commissioners, shall receive to his own use any fees or perquisites of office; provided, that Justices of the Peace now holding office shall receive to their own use such fees as are now allowed by law during the terms for which they have been elected. (Constitution, art. VI, sec. 15.)

SEC. 59.

PUBLICATION OF OPINIONS OF APPELLATE COURTS.

The Legislature shall provide for the speedy publication of such opinions of the Supreme Court and of the District Courts of Appeal as the Supreme Court may deem expedient, and all opinions shall be free for publication by any person. (Constitution, art. VI, sec. 16.)

SEC. 60.

MILITIA.

The Legislature shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not incompatible Iwith the Constitution and laws of the United States. Officers of the militia shall be elected or appointed in such a manner as the Legislature shall, from time to time, direct, and shall be commissioned by the Governor. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions. (Constitution, art. VIII, sec. 1.)

SEC. 61.

LEGISLATURE TO ENCOURAGE EDUCATION.

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislatureshall encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improvement. (Constitution, art. IX, sec. 1.)

SEC. 62.

COUNTY SUPERINTENDENT OF SCHOOLS.

A superintendent of schools for each county shall be elected by the qualified electors thereof at each gubernatorial election; provided, that the Legislature may authorize two or more counties to unite and elect one superintendent for the counties so uniting. (Constitution, art. IX, sec. 3.)

SEC. 63.

STATE SCHOOL FUND.

The proceeds of all lands that have been or may be granted by the United States to this State for the support of common schools, which may be, or may have been, sold or disposed of, and the five hundred thousand acres of land granted to the new states under an act of Congress,