Same.

13. He may require any officer or Board to make special reports to him, upon demand, in writing; issue arms and accouterments for the

14. He may

use of colleges;

15. He must discharge the duties of member of the Board of Examiners, of member of the State Board of Education, of State Prison Director, of State Capitol Commissioner, of Orphan Asylum Commissioner, of Trustee of State Normal School, and of the Board of Military Auditors;

16. He has such other powers and must perform such other duties as are devolved upon him by this Code or any other law of this State.

NOTE.-Const., Art. V, Sec. 1.-"The supreme executive power of the State" is vested in the Governor. See, also, Federal Constitution, Art. II, Sec. 1, as to Executive of the United States.

Subd. 3.-Const., Art. V, Sec. 8. This has in view vacancies in office when the Governor and Senate or Legislature have the power of appointment, or when they are elective by the people, and provides accordingly; but such power of the Governor is limited by the period when the people or the Legislature can appoint, on the arrival of which his power ceases, and the right of appointment returns to the proper appointing power. The People ex rel. Casserly vs. Fitch, 1 Cal., p. 536; Barbor vs. Mott, October Term, 1861, Sup. Ct. Cal., 3 Cal., p. 502; see, also, People vs. Wells, 2 Cal., p. 198. The authority to hold an elective office till his successor is elected was held not to obstruct the right of the Governor to appoint after the term expires. The office is then vacant de jure, in Langdon vs. Reid, 5 Cal., p. 288. What is a vacancy?-See Ryder vs. Mizner, 7 Cal., p. 519; Aylett vs. Langdon, 8 Cal., p. 1; People vs. Whitman, 10 Cal., p.38; People vs. Porter, 6 Cal., p. 26. It was held that the Governor had not power to revoke appointment made and commission issued, in Wetherbee vs. Cazneau, 20 Cal., p. 503, but that this section of the Constitution applied only to cases where vacancies exist with no provision made for filling them.-Id.; see, also, People vs. Addison, 10 Cal., p. 1. In People vs. Sanderson, 30 Cal., p. 160, it was held that appointing one to an office which the Constitution prohibits him from filling leaves the office

vacant. See, also, People vs. Stratton, 28 Cal., p. 382;
Christy vs. Bd. Sup. Sac. Co., 39 Cal., p. 3; see, also,
the case of People vs. Tilton, 37 id., p. 615, where this
entire question is fully discussed, and the case of People
vs. Reid, 7 Cal., p. 527, overruled-Justices Crockett
and Sprague dissenting on the authority of People ex
rel. Schoaff vs. Parker, 37 Cal., p. 639, decided by
Justice Sanderson.

381. Within ten days after the meeting of the Legislature, the Governor must transmit to it a list of all appointments made by him under the provisions of Section 1000.

To transappointLegislature

mit list of

ments to

office of.

382. The Governor must cause to be kept the Records in following records:

1. A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application;

2. A register of statements in capital cases made to him, with his action thereon;

3. An account of all his official expenses and disbursements, including the incidental expenses of his department, and of all rewards offered by him for the apprehension of criminals and persons charged with crime;

4. A register of all appointments made by him, with 'date of commission, names of appointee and prede

cessor;

5. A record of all persons confined in the State Prison, showing the name of the convict, his age and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires.

NOTE. Other duties prescribed for and other Acts relating to the Governor, are to be found in the Statutes of 1872, as follows: Appropriation for department of, p. 743; distribution of publications of geological survey, p. 924; duties concerning reports of geological survey,

14-VOL. I.

Persons acting as Governor.

Salary of
Governor.

p. 55; member of Board to purchase lot and materials for State Printing office, pp. 556, 557; to appoint appraisers of cabinet of J. M. Frey, p. 824; to appoint Board of Fire Commissioners of Sacramento City, p. 866; to appoint Board of State Normal School Commissioners p. 669; to appoint Commissioners of Funded Debt Sinking Fund of Sacramento City, p. 548; to appoint Commissioners of Santa Clara Avenue, p. 370; to appoint Commissioners of Santa Clara and Saratoga Avenue, p. 415; to appoint Commissioners to select site for Insane Asylum, p. 673; to appoint Commissioners to organize County of Ventura, p. 485; to appoint Directors Branch Insane Asylum, p. 674; to appoint Judges of Nineteenth and Twentieth Judicial Districts, p. 302; to appoint Notaries Public for Butte, p. 36; to appoint Notaries Public for Contra Costa, p. 46; to appoint Notaries Public for Humboldt, p. 159; to appoint Notaries Public for Monterey, p. 792; to appoint Notaries Public for Placer, p. 33; to appoint Notaries Public for Plumas, p. 304; to appoint Notaries Public for Sacramento, p. 881; to appoint Notaries Public for San Diego, p. 238; to appoint Notaries Public for San Francisco, p. 184; to appoint Notaries Public for Solano, p. 24; to appoint Notaries Public for Sonoma, p. 95; to appoint Notaries Public for Ventura, p. 489; to appoint Pilot Commissioners for Port of San Diego, p. 650; to appoint Reclamation Commissioners, p. 835; to appoint Superintendent of State Printing, p. 554; to cause reports of State Agricultural Society to be printed, p. 442; to designate what bonds are redeemable on indebtednesss of Calaveras County, p. 718; to execute a deed of certain real estate of Anna V. Wakeman, p. 520; to expend appropriation for erecting monument to ex-Governor John Bigler, p. 79; to order Controller to transfer from other Funds to General Fund, p. 475; to offer rewards for conviction of persons guilty of election frauds, Sec. 1054, post.

383. Every provision in the laws of this State in relation to the powers and duties of the Governor, and in relation to acts and duties to be performed by others toward him, extends to the persons performing for the time being the duties of Governor.

384. The annual salary of the Governor is seven thousand dollars.

NOTE.-See Sec. 1575, Penal Code Cal., and Sec.

684, post.

385. The annual salary of the Private Secretary Salary of of the Governor is twenty-four hundred dollars.

Private
Secretary.

Clerk.

386. The annual salary of the Executive Clerk is Salary of twenty-four hundred dollars.

NOTE.-Preceding Article is based upon statutes as follows: 1868, p. 508; 1858, p. 22; 1861, p. 183; 1860, p. 93; 1870, p. 516; 1853, p. 44; 1857, p. 149; 1852, p. 138; 1870, p 688; 1863, p. 150; 1870, p. 331;

1863, p. 647;

1850, p. 46;

1870, p. 344;

1870, p. 663;

1868, p. 522;

1862, p. 448; 1870, p. 359.

1870, p. 714; 1868, p. 336;
1870, p. 329; 1870, p. 716;
1868, p. 606; 1870, p. 451;
The executive powers of the Governor, with regard to
the State, correspond with those of the President in his
relation to the Federal Government. With regard to
executive authority, it has been held that though it is
limited in its exercise, it necessarily extends to many
things essential to governmental action which is not
strictly authorized by statute (United States vs. Mc-
Daniel, 7 Peters, p. 2), but that which is prohibited to
be done by an officer cannot by it be authorized.-Gil-
christ vs. The Collector of Charleston, 1 Hall L. I., p.
429; Otis vs. Bacon, 7 Cr., p. 589; Tracy vs. Swart-
wout, 10 Pet., p. 80; Kendall vs. U. S., 12 Pet.,
p. 525.
The Executive must necessarily construe the law to be
executed by that department, and when so construed
and acted upon, such action will not ordinarly be dis-
turbed by the judicial department, unless by such con-
struction and action thereunder private rights are
injuriously effected or disturbed.-The United States
vs. Lytle, 5 McLean's Reports, p. 9.

ARTICLE IV.

LIEUTENANT GOVERNOR.

SECTION 396. Duties of.

397. Compensation of.

396. In addition to those prescribed by the Con- Duties of. stitution, the Lieutenant Governor shall discharge the duties and exercise the powers of a State Prison

Director.

Compensation of

NOTE.-Lieutenant Governor is an executive officer. See Const., Art. V, Sec. 16; Stats. 1858, p. 259; see Sec. 1573, et seq., Penal Code Cal., and Sec. 383, ante.

397. The Lieutenant Governor receives a salary of twelve dollars per day during the session of the Legislature and the same mileage as is allowed to Senators. NOTE.-See compensation as Prison Director, Sec. 1575, Penal Code Cal.

Custody of records.

ARTICLE V.

OF THE SECRETARY OF STATE.

SECTION 407. Custody of records.

408. Duties of Secretary of State.

409. Distribution of statutes and journals.
410. Distribution of reports of Supreme Court.

411. To mark books distributed.

412. To superintend and take charge of Capitol.
413. To furnish fuel and stationery.

414. Expenses for fuel, etc., how paid.

415. Translation of laws into Spanish, etc.
416. Fees.

417. Salary of Secretary.

418. Salary of Deputy.

419. Salary of Clerk.

420. Salary of Recording Clerks.

421. Salary of General Clerk.

422. Salary of Special Clerks.

423. Official bond.

407. The Secretary of State is charged with the custody:

1. Of the enrolled copy of the Constitution;

2. Of all Acts and Resolutions passed by the Legislature;

3. Of the Journals of the Legislature;

4. Of the Great Seal;

5. Of all books, records, deeds, parchments, maps, and papers, kept or deposited in his office pursuant te law.

NOTE.-Secretary of State is an executive officer.See Const., Art. V, Sec. 18.