to the constitutional convention. Of the remaining delegates 78 were elected on a nonpartisan ticket, 11 were Republicans, 10 were Democrats, and 2 were Independents.2 The representatives of the Workingman's Party formed the most radical element in the convention. Many of the members from the country districts, who represented the views of the grangers, acted in harmony with this element on many questions; and thus the conservatives and the radicals were about evenly divided. But the conservatives controlled the convention throughout because of the fact that practically all the members of ability and legal training were found in their ranks. Thus the constitution as drawn up by the convention was in the main conservative, although the influence of the radical element can easily be seen. The convention was in session from September 28, 1878, to March 3, 1879. The constitution was ratified by the voters of the state May 7, 1879, and went into effect January 1, 1880. It is given in the following pages as amended to date (1913). 216. Contents of the Constitution. The constitution contains twenty-three articles, as follows: Article I. Declaration of Rights. (Page 327.) Article III. Distribution of Powers. (Page 334.) (Page 334.) Article IV. Legislative Department. 1 The election was held June 19, 1879. Of the 152 delegates elected, two died before the convention met, one resigned, and four did not attend. The convention thus consisted of 145 delegates. 2 Hittell's History of California, Vol. IV, pages 613-640. Article VII. Pardoning Power. (Page 364.) Article VIII. Militia. (Page 365.) Article IX. Education. (Page 365.) Article X. State Institutions and Public Buildings. (Page 369.) Article XI. Counties, Cities, and Towns. (Page 370.) Article XII. Corporations. (Page 387.) Article XIII. Revenue and Taxation. (Page 395.) Article XIV. Water and Water Rights. (Page 403.) Article XV. Harbor Frontages. (Page 403.) Article XVI. State Indebtedness. (Page 404.) Article XVII. Land, and Homestead Exemption. (Page 405.) Article XVIII. Amending and Revising the Constitution. (Page 405.) Article XIX. Chinese. (Page 406.) Article XX. Miscellaneous Subjects. (Page 408.) Article XXII. Schedule. (Page 412.) Article XXIII. Recall of Public Officials. (Page 415.) CONSTITUTION OF THE STATE OF CALIFORNIA1 PREAMBLE AND DECLARATION OF RIGHTS PREAMBLE Purpose of the constitution. We, the people of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. ARTICLE I DECLARATION OF RIGHTS Inalienable rights of men. SECTION I. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. Government for and by the people. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. California a part of the Union. SEC. 3. The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land. Freedom of religion. SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be guaranteed in 1 The text of the Constitution here given is taken from the edition compiled by F. C. Jordan, Secretary of State, and published by F. W. Richardson, Superintendent of State Printing, 1912. 2 Inherent power is power that exists by natural right. Such power is possessed by the people of a state. The powers possessed by any public corporation in a state are granted powers, and may legally be taken away. this State; and no person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. Habeas corpus. SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension. (§ 205.) Bail Witnesses. SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. (§ 201, 2 a.) Jury trial. SEC. 7. The right of trial by jury shall be secured to all, and remain inviolate; but in civil actions three fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases, not amounting to felony, by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions, and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court. (§ 198, 3; § 201, 4.) Indictments - Information - Grand jury. SEC. 8. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county. (§ 201, 2 b.) Freedom of speech Libel suits. SEC. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. Freedom of assembling and petitioning. SEC. 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives and to petition the Legislature for redress of grievances.1 Laws to be uniform. SEC. II. All laws of a general nature shall have a uniform operation. Military subordinate to civil power. SEC. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace,2 and no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. Criminal trials — Rights of the accused. SEC. 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jeopardy for the same offense; 3 nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial. Rights of private property. Edward M. Hulme SEC. 14. Private property shall not be taken or damaged for public use without just compensation having first been made to, or paid into court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of 1 In some countries - Russia, for example - the people do not have the right of free assemblage. 2 The national guard is not a standing army, as its members are not professional soldiers, and do not give their entire time to military service. 3 If a verdict of acquittal is rendered at the end of a trial the defendant may not be tried again on the same charge, unless the court should set the verdict aside for cause. There may be a new trial if the jury fails to agree. |