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terms of the Judges of the Superior Court expire at the same time, shall not hereafter be increased or diminished after their election, nor during the term for which they shall have been elected. Upon the adoption of this amendment the salaries then established by law shall be paid uniformly to the justices and judges then in office. The salaries of the Justices of the Supreme Court and of the District Courts of Appeal shall be paid by the State. One half of the salary of each Superior Court Judge shall be paid by the State; and the other half thereof shall be paid by the county for which he is elected. On and after the first day of January, A. D. one thousand nine hundred and seven, the Justices of the Supreme Court shall each receive an annual salary of eight thousand dollars, and the justices of the several District Courts of Appeal shall each receive an annual salary of seven thousand dollars; the said salaries to be payable monthly. [Amendment adopted November 6,

1906.]

[Amendment of 1904.] SEC. 17. The Justices of the Supreme Court and of the District Courts of Appeal, and the Judges of the Superior Court shall severally, at stated times during their continuance in office, receive for their services such compensation as is or shall be provided by law, which shall not be increased or diminished after their election, nor during the term for which they shall have been elected. The salaries of the Justices of the Supreme Court and of the District Courts of Appeal shall be paid by the State. One half of the salary of each Superior Court Judge shall be paid by the State; the other half thereof shall be paid by the county for which he is elected. [Amendment adopted November 8, 1904.]

[Original Section.] SEC. 17. The Justices of the Supreme Court and Judges of the Superior Courts shall severally, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished after their election, nor during the term for which they shall have been elected. The salaries of the Justices of the Supreme Court shall be paid by the State. One half of the salary of each Superior Court Judge shall be paid by the State; the other half thereof shall be paid by the county for which he is elected. During the term of the first judges elected under this Constitution, the annual salaries of the Justices of the Supreme Court shall be six thousand dollars each. Until otherwise changed by the Legislature, the Superior Court Judges shall receive an annual salary of three thousand dollars each, payable monthly, except the Judges of the City and County of San Francisco, and the counties of Alameda, San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter combined, Sacramento, Butte, Nevada, and Sonoma, who shall receive four thousand dollars each.

[Constitution of 1849, Art. VI, § 15.]

87 Cal. 396; 138 Cal. 37; 148 Cal. 17.

Judges not eligible to other offices.

SEC. 18. The Justices of the Supreme Court, and of the District Courts of Appeal, and the Judges of the Superior Courts shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected. [Amendment adopted November 8, 1904.]

[Original Section.] SEC. 18. The Justices of the Supreme Court and Judges of the Superior Courts shall be ineligible to any other office or public employment, than a judicial office or employment, during the term for which they shall have been elected.

[Constitution of 1849, Art. VI, § 16.]

Charge to jury.

SEC. 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. [Constitution of 1849, Art. VI, § 17.]

54 Cal. 151; 55 Cal. 238; 56 Cal. 188, 193; 64 Cal. 468; 65 Cal. 260, 431, 569; 70 Cal. 61, 68; 76 Cal. 417, 428; 77 Cal. 98, 239, 267; 84 Cal. 481; 86 Cal. 33; 88 Cal. 142, 270, 426; 92 Cal. 490; 94 Cal. 269, 282; 96 Cal. 171, 181; 97 Cal. 453; 98 Cal. 235, 279, 354; 104 Cal. 366, 485; 105 Cal. 230, 664; 106 Cal. 80; 111 Cal. 9, 149; 112 Cal. 254; 113 Cal. 90; 115 Cal. 14; 119 Cal. 169; 124 Cal. 105; 125 Cal. 443; 129 Cal. 262, 503; 130 Cal. 8; 133 Cal. 398; 134 Cal. 529; 139 Cal. 164; 142 Cal. 111; 149 Cal. 41.

Style of process.

SEC. 20. The style of process shall be "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority.

[Constitution of 1849, Art. VI, § 18.]

28 Cal. 248; 31 Cal. 498, 620; 32 Cal. 49; 59 Cal. 188; 103 Cal. 413, 501; 118 Cal. 483; 122 Cal. 288.

Supreme Court reporter.

SEC. 21. The Supreme Court may appoint a reporter and not more than three assistant reporters of the decisions of the Supreme Court and of the District Courts of Appeal. Each of the District Courts of Appeal shall appoint its own clerk. All the officers herein mentioned shall hold office and be removable at the pleasure of the courts by which they are severally appointed, and they shall receive such compensation as shall be prescribed by law, and discharge such duties as shall be prescribed by law, or by the rules

or orders of the courts by which they are severally appointed. [Amendment adopted November 8, 1904.]

[Original Section.] SEC. 21. The justices shall appoint a reporter of the decisions of the Supreme Court, who shall hold his office and be removable at their pleasure. He shall receive an annual salary not to exceed twenty-five hundred dollars, payable monthly. 64 Cal. 165.

Judges not to practice law.

SEC. 22. No judge of a court of record shall practice law in any court of this State during his continuance in office.

Qualifications of Judges.

SEC. 23. No one shall be eligible to the office of a Justice of the Supreme Court, or of a District Court of Appeal, or of a Judge of a Superior Court, unless he shall have been admitted to practice before the Supreme Court of the State. [Amendment adopted

November 8, 1904.]

[Original Section.] SEC. 23. No one shall be eligible to the office of Justice of the Supreme Court, or to the office of Judge of a Superior Court, unless he shall have been admitted to practice before the Supreme Court of the State.

Condition of receiving salary.

SEC. 24. No Judge of the Supreme Court, nor of a District Court of Appeal, nor of a Superior Court, shall draw or receive any monthly salary unless he shall make and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and undecided, that has been submitted for decision for a period of ninety days. In the determination of causes all decisions of the Supreme Court and of the District Courts of Appeal shall be given in writing, and the grounds of the decision shall be stated. When the Justices of a District Court of Appeal are unable to concur in a judgment, they shall give their several opinions in writing and cause copies thereof to be forwarded to the Supreme Court. [Amendment adopted November 8, 1904.]

[Original Section.] SEc. 24. No Judge of a Superior Court, nor of the Supreme Court shall, after the first day of July, one thousand eight hundred and eighty, be allowed to draw or receive any monthly salary, unless he shall take and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains undecided that has been submitted for decision for the period of ninety days.

62 Cal. 514.

Supreme Court Commission.

SEC. 25. The present Supreme Court Commission shall be abolished at the expiration of its present term of office, and no Supreme Court Commission shall be created or provided for after January 1st, A. D. 1905. [New section; adopted November 8, 1904.]

Vested in Governor.

ARTICLE VII.

PARDONING POWER.

SECTION 1. The Governor shall have the power to grant reprieves, pardons, and commutations of sentence, 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, the Governor shall have 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. The Governor 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 for which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the Governor nor the Legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of a felony, unless upon the written recommendation of a majority of the Judges of the Supreme Court.

[Constitution of 1849, Art. V, § 13.]

64 Cal. 31; 82 Cal. 518.

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SECTION 1. The Legislature shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not incompatible with the Constitution and laws of the United States. Officers of the militia shall be elected or appointed

in such manner as the Legislature shall, from time to time, direct, and shall be commissioned by the Governor. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions.

[Constitution of 1849, Art. VIII, §§ 1, 2, 3.]

Flag of State militia.

SEC. 2. All military organizations provided for by this Constitution, or any law of this State, and receiving State support, shall, while under arms, either for ceremony or duty, carry no device, banner, or flag of any State or nation, except that of the United States or the State of California.

ARTICLE IX.

EDUCATION.

Encouragement of education.

SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

[Constitution of 1849, Art. IX, § 2.]

99 Cal. 150; 118 Cal. 120; 121 Cal. 22; 124 Cal. 699.

Superintendent of Public Instruction.

SEC. 2. A Superintendent of Public Instruction shall, at each gubernatorial election after the adoption of this Constitution, be elected by the qualified electors of the State. He shall receive a salary equal to that of the Secretary of State, and shall enter upon the duties of his office on the first Monday after the first day of January next succeeding his election.

[Constitution of 1849, Art. IX, § 1.]

56 Cal. 101; 87 Cal. 396.

County Superintendent of Schools.

SEC. 3. A Superintendent of Schools for each county shall be elected by the qualified electors thereof at each gubernatorial election; provided, that the Legislature may authorize two or more counties to unite and elect one Superintendent for the counties so uniting.

56 Cal. 102; 114 Cal. 318, 335, 561; 123 Cal 308.

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