in McDonough vs. Dannery, 3 D., p. 223. Acts contrary to the first principles of the social compact are not rightful acts of legislative power (id. in Calder vs. Bull, 3 D., p. 388; see Wilkinson vs. Leland, 2 Pet., p. 627; see "Bill of Rights," State Constitution, Art. 1, Secs. 1-21), being a limitation of the sovereign power over persons. Original and ultimate title. CHAPTER IV. GENERAL RIGHTS OF THE STATE OVER PROPERTY. SECTION 40. Original and ultimate title. 41. Property escheats, when. 42. Intruders on public lands of the State. 43. Acquisition by taxation and assessment. 40. The original and ultimate right to all prop erty, real and personal, within the limits of this State, is in the people thereof. NOTE. DECLARATION OF RIGHTS.-Our State Constitution, among other things, declares inalienable the right of acquiring, possessing, and protecting property. This is one of the primary objects of Government and cannot be impaired.-Billings vs. Hall, 7 Cal., p. 1; Ex Parte Andrews, 18 Cal., p. 678; Ex Parte Schrader, 33 Cal., p. 276; High vs. Shoemaker, 22 Cal., p. 363; Exline vs. Smith, 5 Cal., p. 112. The Constitution of the State is not, like the Federal Constitution, a grant of power, nor an enabling Act to the Legislature. It is a limitation on the general powers of a legislative character, and restrains the legislative department only so far as the restriction appears, either by express terms, or by necessary implication or inference.Bourland vs. Hildreth, 26 Cal., p. 161; People or State vs. Rogers, 13 Cal., p. 159; affirmed in Cohen vs. Wright, 22 id., p. 308; People vs. Coleman, 4 Cal., p. 46; affirmed in Thorne vs. San Francisco, 4 Cal., p. 157; Thompson vs. Williams, 6 id., p. 89; Ex Parte Yale, 24 id., p. 244; and Smith vs. Judge Twelfth District Court, 17 id., p. 547; approved, Jackson vs. Shawl, 29 id., p. 271. Our State Constitution fixes no limitation to the power of taxation.-Nougues vs. Douglass, 7 Cal., p. 65; People vs. Coleman, 4 Cal., p. 47. 41. The only restraint is the thirteenth section of Article escheats, All property, real and personal, within the Property limits of this State, which does not belong to any per- when. son, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. NOTE.-See Civil Code, Vol. 1, Sec. 1405, and note. ESCHEAT.-An accidental reverting of lands to the original owner,-Bouv. L. Dict., 1 Vol. Under the English law all escheats are declared to be strictly feudal, and to import the extinction of tenure.Wright, Ten., p. 115; 1 W. Blackst., p. 123. In this country, however, the State steps in, in the place of the feudal lord, by virtue of its sovereignty, as the original and ultimate proprietor of all the lands within its jurisdiction.-4 Kent Comm., p. 424; 1 Washburn R. Prop., p. 24; 2 id., p. 443. It is the universal rule, that when the deceased owner leaves no heirs his property vests in the public and is at the disposal of the Government, and this is well supported by many civil and common law writers.-Vide Domat, Brown, Blackstone, Dane, Jones; see, also, Ramires vs. Kent, 2 Cal., p. 558; Attorney General vs. Folsom, 5 Cal., p. 373; Siemssen vs. Bofer, 6 Cal., p. 250; Norris vs. Hoyt, 18 Cal., p. 217; Farrell vs. Enright, 12 Cal., p. 450; State vs. Rogers, 13 Cal., p. 159. All which cases bear more or less on this subject.-See, also, notes to Secs. 54, post, and 30, ante. on public the State. 42. If any person, under any pretense of any claim Intruders inconsistent with the sovereignty and jurisdiction of lands of the State, intrudes upon any of the waste or ungranted lands of the State, the District Attorney of the county must immediately report the same to the Governor, who must thereupon, by a written order, direct the Sheriff of the county to remove the intruder; and if resistance to the execution of the order is made or threatened, the Sheriff may call to his aid the power 4-VOL. I Acquisition by taxation and assessment. By right of .eminent domain. of the county, as in cases of resistance to the writs of the people. NOTE. This section provides for the removal of persons intruding themselves upon property of the State without title, or claiming to enter or hold under a contract with the State. The State would have no greater rights in this respect than individuals.-See McCauley vs. Weller, 12 Cal., p. 531; State of Cal. vs. McCauley, 15 Cal., p. 430; McCauley vs. Brooks, 16 Cal., p. 11. 43. The State may acquire property by taxation in the modes authorized by law. NOTE." All property in this State shall be taxed in proportion to its value," etc.-Art. XI, Sec. 13 of the State Constitution; People vs. McCreery, 34 Cal., p. 432; see note to Sec. 30, ante. 44. It may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the mode provided in Title VII, Part III of THE CODE OF CIVIL PROCEDURE. NOTE.-Art. 1, Sec. 8, Const. of this State. The right of eminent domain is a part of the sovereign power.-Jones vs. Walker, 2 Pa., p. 690; Ches. and Ohio Can. Co. vs. Union Bank, 4 Cr. C. C., p. 75. Upon the admission of a new State into the Union, the right of eminent domain temporarily held by the United States passes to the State.-Pollard vs. Hagan, 3 H., p. 212. The right to take private property for public use is incident to all Governments, but the obligation to make compensation is concomitant.-Bonaparte vs. Cam. and Amboy R. R. Co., Bald., p. 205; Baring vs. Erdam, 14 Haz. Pa. Reg., p. 129. The right of the Legislature.-De Varvigue vs. Fox, 2 Bl. C. C., p. 95. Under the right of eminent domain the States have power to lay out roads through the public lands.-U. S. vs. R. R. Br. Co., 6 McL., p. 517; Ills. Cen. R. R. Co., vs. U. S., 20 Law Rep., p. 630. A legislative Act divesting one person of his property and vesting it in another, at a fixed valuation, is unconstitutional.-Vanhorne's Lessee vs. Dorrance, 2 D., p. 312; see note to Sec. 30, ante. California Decisions.-Emery vs. S. F. Gas. Co., 28 Cal., p. 345; and S. F. A. & S. R. R. Co. vs. Caldwell, 31 Cal., p. 367. Federal Government has the fee as well as the right of eminent domain.-People vs. Folsom, 5 Cal., p. 373. Legislature has no power to take the property of one and give it to another.-Gillin TITLE II. PERSONS COMPOSING THE PEOPLE OF THE STATE. SECTION 50. Who are the people. 51. Who are citizens. 52. Residence, rules for determining. 50. The people, as a political body, consist: 1. Of citizens who are electors; 2. Of citizens not electors. NOTE.-Qualification of electors.-People vs. Per- 51. The citizens of the State are: citizens. 1. All persons born in this State and residing within Who are it, except the children of transient aliens and of alien public Ministers and Consuls; 2. All persons born out of this State who are citizens of the United States and residing within this State. NOTE.-See note to Sec. 52, post. Residence rules for 52. Every person has, in law, a residence. In dedetermin- termining the place of residence the following rules are to be observed: ing. 1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose; 2. There can only be one residence; 3. A residence cannot be lost until another is gained; 4. The residence of the father during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor child; 5. The residence of the husband is the residence of the wife: 6. The residence of an unmarried minor who has a parent living cannot be changed by either his own act or that of his guardian; 7. The residence can be changed only by the union of act and intent. NOTE. On this question of the constituent elements of the body politic reference is here made to the note to Sec. 30, ante; to Sec. 2 of Art. 4 of the Federal Constitution, and Arts. 10, 13, 14, and 15 of the amendments thereto.-Story on the Constitution, Vol. 2, Sec. 1693. "The Constitution having declared that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States, every person who is a citizen of one State and removes into another with the intention of taking up his residence and inhabitancy there, becomes ipso facto a citizen of the State where he resides, and he then ceases to be a citizen of the State from which he has removed his residence. Of course when he gives up his new residence or domicil, and returns to his native or other State residence or domicil, he reacquires the character of the latter. In general, however, * 帶 it may be said that a removal from one State into another "animo manendi," or with a design of becom ing an inhabitant, constitutes a change of domicil, and of course a change of citizenship. But a person who is a native citizen of one State never ceases to be a citizen thereof until he has acquired a new citizenship |