Legislature to provide, by law, for the punishment of this crime. Any member of the Legislature who shall be influenced, in his vote or action upon any matter pending before the Legislature, by any reward, or promise of future reward, shall be deemed guilty of a felony, and upon conviction thereof, in addition to such punishment as may be provided by law, shall be disfranchised and forever disqualified from holding any office or public trust. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or with having been influenced in his vote or action, as a member of the Legislature, by reward, or promise of future reward, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony.

86 Cal. 543, 550; 146 Cal. 610; 1 Cal. App. 64, 65, 66, 550; XXXVI Cal. Dec. 239.

Establish system of highways.

SEC. 36. 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. [New section; adopted November 4, 1902.]

ARTICLE V.

EXECUTIVE DEPARTMENT.

Executive power vested in the Governor.

SECTION 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of California.

[Constitution of 1849, Art. V, § 1.]

148 Cal. 504; 1 Cal. App.. 64.

Election and term of office of Governor.

SEC. 2. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Assembly,

and shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his successor is elected and qualified.

[Constitution of 1849, Art. V, § 2.]

56 Cal. 101; 62 Cal. 569; 99 Cal. 45; 114 Cal. 169; VII Cal. App. Dec. 439.

Qualifications of Governor.

SEC. 3. No person shall be eligible to the office of Governor who has not been a citizen of the United States and a resident of this State five years next preceding his election, and attained the age of twenty-five years at the time of such election.

[Constitution of 1849, Art. V, § 3.]

Election of Governor, how made known.

SEC. 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the Legislature. The person having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint vote of both houses, choose one of such persons so having an equal and the highest number of votes for Governor.

[Constitution of 1849, Art. V, § 4.]

Governor to be commander-in-chief.

SEC. 5. The Governor shall be commander-in-chief of the militia, the army and navy of this State.

[Constitution of 1849, Art V, § 5.] 55 Cal. 497.

Governor to transact executive business.

SEC. 6. He shall transact all executive business with the officers of government, civil and military, and may require information, in writing, from the officers of the executive department upon any subject relating to the duties of their respective offices. [Constitution of 1849, Art. V, § 6.]

Governor to see that laws are executed.

SEC. 7. He shall see that the laws are faithfully executed. [Constitution of 1849, Art. V, § 7.]

148 Cal. 504.

Governor to fill vacancies.

SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and law for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

[Constitution of 1849, Art. V, § 8.]

62 Cal. 565, 568; 66 Cal. 655, 656; 67 Cal. 119; 93 Cal. 155, 156; 110 Cal. 453; 114 Cal. 170, 174; 121 Cal. 546; 123 Cal. 309; 127 Cal. 397; 143 Cal. 417; VII Cal. App. Dec. 439.

Governor may call extra session of Legislature.

SEC. 9. He may, on extraordinary occasions, convene the Legislature by proclamation, stating the purposes for which he has convened it; and when so convened it shall have no power to legislate on any subject other than those specified in the proclamation, but may provide for the expenses of the session, and other matters incidental thereto.

[Constitution of 1849, Art. V, § 9.]

63 Cal. 334; 130 Cal. 89; 146 Cal. 607.

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.

[Constitution of 1849, Art. V, § 10.]

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.

[Constitution of 1849, Art. V, § 11.]

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.

[Constitution of 1849, Art. V. § 12.]

Governor to keep great seal.

SEC. 13. 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."

[Constitution of 1849, Art. V, § 14.]

Form of commissions.

SEC. 14.

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.

[Constitution of 1849, Art. V, § 15.]

151 Cal. 240; 6 Cal. App. 262.

Lieutenant-Governor, qualifications and duties.

SEC. 15. A Lieutenant-Governor shall be elected at the same time and place, and in the same manner, as the Governor, and his term of office and his qualifications shall be the same. He shall be President of the Senate, but shall only have a casting vote therein. [Amendment adopted November 8, 1898.]

[Original Section.] SEC. 15. 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 have only 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 pro tempore of the Senate shall act as Governor until the vacancy be filled or the disability shall cease. The Lieutenant-Governor shall be disqualified from holding any other office, except as specially provided in this Constitution, during the term for which he shall have been elected.

[Constitution of 1849, Art. V, § 16.]

56 Cal. 101; 62 Cal. 569; 114 Cal. 169.

Lieutenant-Governor may become Governor, when.

SEC. 16. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of his office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the LieutenantGovernor for the residue of the term, or until the disability shall cease. And should the Lieutenant-Governor be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President pro tem

pore of the Senate shall act as Governor until the vacancy in the office of Governor shall be filled at the next general election when members of the Legislature shall be chosen, or until such disability of the Lieutenant-Governor shall cease. In case of a vacancy in the office of Governor for any of the reasons above named, and neither the Lieutenant-Governor nor the President pro tempore of the Senate succeed to the powers and duties of Governor, then the powers and duties of such office shall devolve upon the Speaker of the Assembly, until the office of Governor shall be filled at such general election. [Amendment adopted November 8, 1898.]

[Original Section.] SEC. 16. 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.

[Constitution of 1849, Art. V, § 17.]

62 Cal. 569; VII Cal. App. Dec. 442.

State executive officers.

SEC. 17. 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 their terms of office shall be the same as that of the Governor.

[Constitution of 1849, Art. V, § 18.]

56 Cal. 101; 62 Cal. 569; VII Cal. App. Dec. 439; VIII Cal. App. Dec. 52.

Secretary of State-Duties.

SEC. 18. The Secretary of State shall keep a correct 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.

[Constitution of 1849, Art. V, § 19.]