Governor may call extra session 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.

Governor's message.

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.

Governor may adjourn 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.

34 Cal. 536.

Officer of the United States not to act as Governor.

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.

22 Cal. 314.

Pardoning power vested in the Governor.

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 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.

34 Cal. 536; 43 Cal. 441.

Governor to keep Great Seal.

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."

Form of 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, qualifications and duties.

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.

2 Cal. 223; 10 Cal. 44; 26 Cal. 253; 34 Cal. 536; 62 Cal. 569.

Lieutenant-Governor may become Governor, when.

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 Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military force of the State.

10 Cal. 44; 62 Cal. 569.

State executive officers.

SEC. 18. A Secretary of State, a Controller, a Treasurer, an Attorney-General and a Surveyor-General shall be elected at the same time and places and in the same manner as the Governor

and Lieutenant-Governor, and whose term of office shall be the same as the Governor. [Amendment ratified September 3, 1862.]

[Original Section.] SEC. 18. A Secretary of State, a Controller, a Treasurer, an Attorney-General and Surveyor-General shall be chosen in the manner provided in this Constitution; and the term of office and eligibility of each shall be the same as are prescribed for the Governor and Lieutenant-Governor.

15 Cal. 62.

Secretary of State-Duties.

SEC. 19. The Secretary of State shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said article five, by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended thereby, until the election and qualification of the several officers provided for in said amendments. [Amendment ratified September 3, 1862.]

[Original Section.] SEC. 19. The Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as shall be assigned him by law.

Certain State officers, how first chosen.

SEC. 20. The Controller, Treasurer, Attorney-General and Surveyor-General shall be chosen by joint vote of the two houses of the Legislature at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant-Governor. 15 Cal. 62; 26 Cal. 253.

Compensation of executive officers.

SEC. 21. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General and SurveyorGeneral shall each, at stated times during their continuance in office, receive for their services a compensation which shall not

be increased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the performance of his official duties. 9 Cal. 347; 47 Cal. 366.

ARTICLE VI.

JUDICIAL DEPARTMENT.

Judicial power-How vested.

SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, in Probate Courts and in Justices of the Peace, and in such Recorders' and other inferior courts as the Legislature may establish in any incorporated city or town. [Amendment ratified September 3, 1862.]

[Original Section.] SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts and in Justices of the Peace. The Legislature may also establish such municipal and other inferior courts as may be deemed necessary.

1 Cal. 145, 380; 5 Cal. 20; 11 Cal. 85; 12 Cal. 387; 21 Cal. 417; 22 Cal. 478; 34 Cal. 523, 532; 39 Cal. 517; 41 Cal. 131; 48 Cal. 74; 50 Cal. 407; 52 Cal. 223; 58 Cal. 417.

Supreme Court-How constituted.

SEC. 2. The Supreme Court shall consist of a Chief Justice and four Associate Justices. The presence of three justices shall be necessary for the transaction of business, excepting such business as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment. [Amendment ratified September 3, 1862.]

[Original Section.] SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum.

2 Cal. 202; 5 Cal. 104.

Justices of Supreme Court, election of.

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at special elections to be provided by law, at which elections no officer other than judicial shall be elected, except a Superintendent of Public Instruction.

The first election for Justices of the Supreme Court shall be held in the year eighteen hundred and sixty-three. The justices shall hold their offices for the term of ten years from the first day of January next after their election, except those elected at the first election, who, at their first meeting, shall so classify themselves by lot, that one justice shall go out of office every two years. The justice having the shortest term to serve shall be the Chief Justice. [Amendment ratified September 3, 1862.]

[Original Section.] SEC. 3. The Justices of the Supreme Court shall be elected at the general election, by the qualified electors of the State, and shall hold their office for the term of six years from the first day of January next after their election; provided, that the Legislature shall, at its first meeting, elect a Chief Justice and two Associate Justices of the Supreme Court, by joint vote of both houses, and so classify them that one shall go out of office every two years. After the first election, the senior justice in commission shall be the Chief Justice.

2 Cal. 202; 8 Cal. 16; 10 Cal. 46.

Jurisdiction of Supreme Court.

SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity; also in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy amounts to three hundred dollars; also in all cases arising in the probate courts; and also in all criminal cases amounting to felony, on questions of law alone. The court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court or any County Court in the State, or before any judge of said courts. [Amendment ratified September 3, 1862.]

[Original Section.] SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost, or municipal fine is in question, and in all criminal cases amounting to felony on questions of law alone. And the said court, and each of the justices thereof, as well as all District and County Judges, shall have power to issue writs of