Governor to

call out the militia.

SEC. 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions.

Restriction on the. legislative power to contract debts.

ARTICLE VIII.

STATE DEBTS.

SECTION 1. Restriction on the legislative power to contract debts.

SECTION 1. The Legislature shall not in any manner create any debt or debts, liability or liabilities, which shall, singly or in the aggregate, with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liabil ity within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until, at a general election, it shall have been submitted to the people and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each Judicial District, if one be published therein, throughout the State, for three months next preceding the election at which it is submitted to the people.

ARTICLE IX.

EDUCATION.

SECTION 1. Superintendent of Public Instruction.

2. Duties of Legislature to promote and encourage educa

tion. Proceeds of school lands. School Fund.

SECTION 3. To provide a system of common schools.

4. University Fund-How created, managed and applied.

tendent of

Instruction

SECTION 1. A Superintendent of Public Instruction Superinshall, at the special election for judicial officers to be Public held in the year eighteen hundred and sixty-three, and every four years thereafter, at such special elections, be elected by the qualified voters of the State, and shall enter upon the duties of his office on the first day of December next after his election.

ture to

education.

lands.

SEC. 2. The Legislature shall encourage, by all suitable Legislameans, the promotion of intellectual, scientific, moral, and promote agricultural improvement. The proceeds of all lands. that may be granted by the United States to this State School for the support of schools, which may be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual Fund, the interest of which, together with all the School rents of the. unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State. SEC. 3. The Legislature shall provide for a system of Common common schools, by which a school shall be kept up and supported in each district at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public Fund during such neglect.

Fund.

Schools.

Fund.

SEC. 4. The Legislature shall take measures for the University protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this State, for the use of a University; and the funds

accruing from the rents or sale of such lands, or from
any other source, for the purpose aforesaid, shall be and
remain a permanent Fund, the interest on which shall
be applied to the support of said University, with such
branches as the public convenience may demand, for the
promotion of literature, the arts and sciences, as may be
authorized by the terms of such grant. And it shall be
the duty of the Legislature, as soon as may be, to pro-
vide effectual means for the improvement and permanent
security of the funds of said University.

NOTE.-Sec. 1 of this Article amended in 1862 so
as to read as now printed in the text. See Stats. 1862,
p. 586.

ARTICLE X.

Amendments.

MODE OF AMENDING AND REVISING THE CONSTITUTION.

SECTION 1. Proposal of amendments. Submission to the people.
2. By what authority and how a Constitutional Convention
is called and acts, and how its acts are ratified.

SECTION 1. Any amendment or amendments to this
Constitution may be proposed in the Senate or Assembly;
and if the same shall be agreed to by a majority of the
members elected to each of the two houses, such pro-
posed amendment or amendments shall be entered on
their Journals, with the yeas and nays taken thereon,
and referred to the Legislature then next to be chosen,
and shall be published for three months next preceding
the time of making such choice. And if, in the Legisla-
ture next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of all
the members elected to each house, then it shall be the
duty of the Legislature to submit such proposed amend-
ment or amendments to the people, in such manner and
at such time as the Legislature shall prescribe; and if
the people shall approve and ratify such amendment or
amendments, by a majority of the electors qualified to
vote for members of the Legislature voting thereon, such
amendment or amendments shall become part of the
Constitution.

tional

tion.

SEC. 2. And if at any time two thirds of the Senate Constituand Assembly shall think it necessary to revise and Convenchange this entire Constitution, they shall recommend. to the electors at the next election for members of the Legislature to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall consist of a number of members not less than that of both branches of the Legislature. The Constitution that may have been agreed upon and adopted by such Convention shall be submitted to the people, at a special election to be provided for by law, for the ratification or rejection. Each voter shall express his opinion by depositing in the ballot box a ticket, whereon shall be written or printed the words "For the New Constitution," or "Against the New Constitution." The returns of such election shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the votes so certified to him. If, by such examination, it be ascertained. that a majority of the whole number of votes cast at such election be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California.

NOTE.-Section 2 of this Article amended in 1856, submitted by Act of 1855 (see Stats. 1855, p. 311, et seq.), and approved November 4, 1856.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

SECTION 1. Seat of Government.

2. Duelling disqualifies for office.

3. The oath of office.

Seat of Government.

Duelling.

Oath of office.

SECTION 4. Legislature to provide a system of uniform county and town governments.

5. Boards of County Supervisors.

6. All officers not otherwise provided for elected by the peo

ple or appointed as Legislature directs.

7. Duration not declared by Constitution to be fixed by law. 8. Fiscal year.

9. Provision for support of county and other inferior officers. 10. Credit of the State not to be given or loaned.

11. Suits against the State.

12. Marriage contracts to be valid.

13. Taxation shall be equal and uniform.

14. Separate property of wife defined and provided for.

15. Homesteads of heads of families to be provided for.

16. Perpetuities not to be allowed.

17. Giving or taking a bribe disqualifies for office.

18. Rights of suffrage to be protected, and improper persons excluded therefrom: from the jury and from the ballot box.

19. Residence not affected by absence on the business of the

State or Federal Government.

20. Plurality vote makes a choice.

21. Publication of laws, decrees, etc., in English.

SECTION 1. The first session of the Legislature shall be held at the Pueblo de San José, which place shall be the permanent seat of government until removed by law; provided, however, that two thirds of all the members elected to each House of the Legislature shall concur in the passage of such law.

SEC. 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as a second or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit or to enjoy the right of suffrage under this Constitution.

SEC. 3. Members of the Legislature and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: