ARTICLE X.

STATE INSTITUTIONS AND PUBLIC BUILDINGS.

Prison Directors, appointment and term of office.

SECTION 1. There shall be a State Board of Prison Directors, to consist of five persons, to be appointed by the Governor, with the advice and consent of the Senate, who shall hold office for ten years, except that the first appointed shall, in such manner as the Legislature may direct, be so classified that the term of one person so appointed shall expire at the end of each two years during the first ten years, and vacancies occurring shall be filled in like manner. The appointee to a vacancy occurring before the expiration of a term shall hold office only for the unexpired term of his predecessor. The Governor shall have the power to remove either of the directors for misconduct, incompetency, or neglect of duty, after an opportunity to be heard upon written charges.

61 Cal. 263, 436; 63 Cal. 490.

Powers and duties.

SEC. 2. The board of directors shall have the charge and superintendence of the State prisons, and shall possess such powers and perform such duties, in respect to other penal and reformatory institutions of the State, as the Legislature may prescribe.

103 Cal. 225.

Prison officers.

SEC. 3. The board shall appoint the warden and clerk, and determine the other necessary officers of the prisons. The board shall have power to remove the wardens and clerks for misconduct, incompetency, or neglect of duty. All other officers and employés of the prisons shall be appointed by the warden thereof, and be removed at his pleasure.

Compensation of Prison Directors.

SEC. 4. The members of the board shall receive no compensation, other than reasonable traveling and other expenses incurred while engaged in the performance of official duties, to be audited as the Legislature may direct.

61 Cal. 264.

Powers and duties of board of directors and officers.

SEC. 5. The Legislature shall pass such laws as may be necessary to further define and regulate the powers and duties of the board, wardens, and clerks, and to carry into effect the provisions of this article.

Convict labor.

SEC. 6. After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, co-partnership, company, or corporation, and the Legislature shall, by law, provide for the working of convicts for the benefit of the State.

ARTICLE XI.

COUNTIES, CITIES, AND TOWNS.

Existing counties recognized.

SECTION 1. The several counties, as they now exist, are hereby recognized as legal subdivisions of this State.

56 Cal. 103; 61 Cal. 277; 71 Cal. 310; 88 Cal. 407, 412; 104 Cal. 276; 106 Cal. 194, 424; 114 Cal. 320, 561; 129 Cal. 574; 134 Cal. 70; 142 Cal. 516.

County seat-Removal of.

SEC. 2. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not be submitted in the same county more than once in four years.

61 Cal. 277; 68 Cal. 294; 71 Cal. 310; 87 Cal. 165; 103 Cal. 114; 132 Cal. 106.

New counties.

SEC. 3. The Legislature, by general and uniform laws, may provide for the formation of new counties; provided, however, that no new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to be divided. Every county which shall

be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken. [Amendment adopted November 6, 1894.]

[Original Section.] SEC. 3. No new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to be divided. Every county which shall be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken.

61 Cal. 277; 97 Cal. 331; 114 Cal. 394; 117 Cal. 196; 134 Cal. 522; 142 Cal. 516.

County government.

SEC. 4. The Legislature shall establish a system of county governments, which shall be uniform throughout the State; and by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county, voting at a general election, shall so determine; and whenever a county shall adopt township organization, the assessment and collection of the revenue shall be made, and the business of such county and the local affairs of the several townships therein shall be managed and transacted, in the manner prescribed by such general laws.

[Constitution of 1849, Art. XI, § 4.]

48 Cal. 318; 56 Cal. 1, 103; 61 Cal. 277; 65 Cal. 123; 73 Cal. 77; 84 Cal. 76; 92 Cal. 297, 319; 94 Cal. 601, 624; 98 Cal. 51, 224; 109 Cal. 334, 496; 114 Cal. 320, 561; 118 Cal. 308, 404; 121 Cal. 546; 129 Cal. 574; 132 Cal. 444; 134 Cal. 70; 143 Cal. 555-573.

County officers.

SEC. 5. The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to duties, and for this purpose may classify the counties by population; and it shall provide for the strict accountability of county and township officers for all

fees which may be collected by them, and for all public and municipal moneys which may be paid to them, or officially come into their possession.

[Constitution of 1849, Art. XI, § 5.]

53 Cal. 748; 55 Cal. 242; 56 Cal. 95, 107; 58 Cal. 561; 60 Cal. 514; 61 Cal. 277, 313; 62 Cal. 566; 65 Cal. 123, 290; 66 Cal. 4; 73 Cal. 73, 77; 76 Cal. 95; 81 Cal. 489, 500; 84 Cal. 75; 88 Cal. 531; 94 Cal. 604, 925; 95 Cal. 332, 473; 98 Cal. 222, 228; 99 Cal. 571; 100 Cal. 268, 424; 103 Cal. 394, 499; 104 Cal. 79, 130; 105 Cal. 626; 106 Cal. 197; 109 Cal 334, 497; 111 Cal. 103, 370, 569; 113 Cal. 516, 645; 114 Cal. 327, 561; 115 Cal. 538, 548; 118 Cal. 308, 404; 120 Cal. 391; 125 Cal. 392; 128 Cal. 247; 131 Cal. 550; 134 Cal. 70; 135 Cal. 514, 650; 136 Cal 376; 141 Cal. 429, 726, 727, 728; 142 Cal. 516; 144 Cal. 269, 274; 145 Cal. 425; 148 Cal. 747, 753, 754.

Municipal corporations.

SEC. 6. Corporations for municipal purposes shall not be created by special laws; but the Legislature, by general laws, shall provide for the incorporation, organization, and classification, in proportion to population, of cities and towns, which laws may be altered, amended or repealed. Cities and towns heretofore organized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformity therewith; and cities and towns heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this Constitution, except in municipal affairs, shall be subject to and controlled by general laws. [Amendment adopted November 3, 1896.]

[Original Section.] SEC. 6. Corporations for municipal purposes shall not be created by special laws; but the Legislature, by general laws, shall provide for the incorporation, organization, and classification, in proportion to population, of cities and towns, which laws may be altered, amended, or repealed. Cities and towns heretofore organized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformity therewith; and cities or towns heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this Constitution, shall be subject to and controlled by general laws.

54 Cal. 94; 55 Cal. 246; 56 Cal. 133; 58 Cal. 566, 575; 60 Cal. 81; 61 Cal. 277, 319; 65 Cal. 609; 66 Cal. 3; 69 Cal. 465, 475, 479; 72 Cal. 5; 73 Cal. 76, 312, 622; 76 Cal. 360, 450; 79 Cal. 354; 81 Cal.

489, 497; 82 Cal. 341, 483; 84 Cal. 76, 304, 655; 85 Cal. 333, 346, 369; 86 Cal. 41, 158; 87 Cal. 92, 140, 606; 89 Cal. 522; 91 Cal. 249; 92 Cal. 297, 316; 94 Cal. 74, 621; 95 Cal. 105, 111; 97 Cal. 433; 99 Cal. 560; 100 Cal. 571; 102 Cal. 298, 304; 104 Cal. 275, 644; 109 Cal. 153; 111 Cal. 103; 114 Cal. 147, 322; 115 Cal. 514; 117 Cal. 573; 118 Cal. 403; 120 Cal. 391, 395; 123 Cal. 459, 603; 126 Cal. 386, 410; 127 Cal. 666; 131 Cal. 33; 132 Cal. 381, 442; 133 Cal. 104; 135 Cal. 519; 138 Cal. 131, 152; 141 Cal. 207, 213, 214, 215; 142 Cal. 515; 144 Cal. 391: 145 Cal. 634, 688; 147 Cal. 535, 778; 148 Cal. 382, 629, 752. App. R. 1, 633.

Consolidation of city and county governments.

SEC. 7. City and county governments may be merged and consolidated into one municipal government, with one set of officers, and may be incorporated under general laws providing for the incorporation and organization of corporations for municipal purposes. The provisions of this Constitution applicable to cities, and also those applicable to counties, so far as not inconsistent or prohibited to cities, shall be applicable to such consolidated government. [Amendment adopted November 6, 1894.]

[Original Section.] SEC. 7. City and county governments may be merged and consolidated into one municipal government, with one set of officers, and may be incorporated under general laws providing for the incorporation and organization of corporations for municipal purposes. The provisions of this Constitution applicable to cities, and also those applicable to counties, so far as not inconsistent or not prohibited to cities, shall be applicable to such consolidated government. In consolidated city and county governments of more than one hundred thousand population, there shall be two Boards of Supervisors or houses of legislationone of which, to consist of twelve persons, shall be elected by general ticket from the city and county at large, and shall hold office for the term of four years, but shall be so classified that after the first election only six shall be elected every two years; the other, to consist of twelve persons, shall be elected every two years, and shall hold office for the term of two years. Any vacancy occurring in the office of Supervisor, in either Board, shall be filled by the Mayor or other chief executive officer.

55 Cal. 246; 56 Cal. 104; 58 Cal. 566; 60 Cal. 81; 61 Cal. 37, 277; 91 Cal. 590; 93 Cal. 153; 104 Cal. 642; 111 Cal. 99; 113 Cal. 645; 114 Cal. 320; 118 Cal. 408; 126 Cal. 406.

Charters of cities.

SEC. 8. Any city containing a population of more than three thousand five hundred inhabitants may frame a charter for its own government, consistent with and subject to the Constitution,