CHAPTER II. Legislative Officers. ARTICLE I. DESIGNATION, TERM OF OFFICE, AND ELECTION OF MEMBERS. II. MEETING AND ORGANIZATION OF THE LEGIS LATURE. III. NUMBER, DESIGNATION, ELECTION, AND AP- IV. POWERS AND DUTIES OF OFFICERS AND EM- V. COMPENSATION OF MEMBERS, OFFICERS AND VI. CONTESTING ELECTIONS FOR MEMBERS OF THE VII. CONTESTING ELECTIONS FOR GOVERNOR OR VIII. ATTENDANCE AND EXAMINATION OF WITNESSES THEREOF. IX. ENACTMENT OF STATUTES. X. PROMULGATION OF STATUTES. XI. OPERATION OF STATUTES. XII. PUBLIC REPORTS. ARTICLE I. NUMBER, DESIGNATION, TERM OF OFFICE, AND ELECTION OF MEM BERS OF THE LEGISLATURE. 225. Number and designation. 226. Term of office. 227. Election of Senators. 228. Same. 229. Election of members of the Assembly. 230. Apportionment of members of the Assembly. 225. The Legislature consists of: 1. Forty Senators; and, 2. Eighty members of the Assembly. Legislature of the State of California, legislative power vested in, Const. Cal., art. 4, § 1. Number of members, Const. Cal., art. 4, § 5. POWER OF LEGISLATURE. Appeals-to prescribe mode of making, 8 Cal. 297. Assessments-to levy, 31 Cal. 240; 51 Cal. 15; 53 Cal. 45; 54 Cal. 536; to legalize, 25 Cal. 300; 53 Cal. 44; Schumacher v. Toberman, Jan. 5, 1881, 6 P. C. L. J. 997; to impose interest on, 47 Cal. 9. Capital-to remove, 5 Cal. 24. Cattle-as to impounding of, 49 Cal. 117. City-as to funds for Agricultural Park in, 52 Cal. 196; see also Claim. Claim—against city, not to create, 52 Cal. 150. Commerce-not to regulate, 34 Cal. 492. Constitutional-see Desty's Const. Cal. 408-410; also Constitutional Provisions and Constitutionality of Statutes, under Construction of Statutes, § 4n. Corporations-to confer additional privileges on, Pierson v. Perrin, Dec. 20, 1880, 6 P. C. L. J. 861. Courts-to prescribe rules for, 15 Cal. 476; 49 Cal. 465; not to require written reasons for decisions of, 13 Cal. 24; over jurisdiction of, see Jurisdiction. Curative acts-to pass, 44 Cal. 323. Delegation-of, when not permissible, 6 Cal. 143; 8 Cal. 378; 33 Cal. 279; 46 Cal. 477; 47 Cal. 480, 650; 48 Cal. 279, 490. Eminent domain-as to exercise of right of, 51 Cal. 269. Evil-to repress, 18 Cal. 678. Examiners-to appoint Board of, 6 Cal. 361. Excess-of, acts in, void, 7 Cal. 65; 16 Cal. 11. Exclusive-franchises and privileges, to confer, 22 Cal. 398. Generally-29 Cal. 395; 35 Cal. 624, see Desty's Const. Cal. 222-224; covers all unassigned and non-prohibited powers, 5 Cal. 24; 6 Cal. 361. Governmental-9 Cal. 502. Impair obligations of contract-not to, 7 Cal. 347; 9 Cal. 341; 16 Cal. 30; and see Desty's Const. Cal. 204-206; 54 Cal. 41; see also note to $3 on Retroactive statutes. Improvements-on public lands, as to removal of, 48 Cal. 161; see also Local improvements. Indebtedness-exceeding $300,000, as to incurring of, 6 Cal. 499. Individual Liability-of stockholders over, 22 Cal. 370. Infants-over property of, 50 Cal. 153; 51 Cal. 352. Interest on legacies-over, 50 Cal. 244. Invalid claims-to authorize payment of, 13 Cal. 343. Investigating committee-within its own body, as to, 29 Cal. 395. Judicial functions-not to exercise, 5 Cal. 73. Jurisdiction-on Federal Courts, not to confer, 25 Cal. 604; of Supreme Court, not to take away appellate, 8 Cal. 297; of Justices of the Peace, as to, 6 Cal. 447; to prescribe procedure in exercise of, 49 Cal. 467; not to confer on Courts, 5 Cal. 9, 43, 230; 6 Cal. 582; but sco 22 Cal 474. Legalize assessment-to, 25 Cal. 300. Limitations-of; see Restrictions upon. Local and special laws-to enact, 17 Cal. 23, 547; 48 Cal. 493; but see Special laws, under Construction of statutes, § 4n., and Desty's Const. Cal. 257-263. Local improvements-to compel, 47 Cal. 223. Local option laws-as to, Desty's Const. Cal. 226. Municipal corporations-over, 42 Cal. 446, 541. Property rights-as to, 13 Cal. 678. Pueblo lands-to control sale of, 52 Cal. 155. Religion-as to matters touching, 18 Cal. 679. Restrictions-upon; see Desty's Const. Cal. 225. Solely derived from Constitution, 16 Cal. 332; 33 Cal. 279; 35 Cal 624; Constitutional, 7 Cal. 65; 16 Cal. 11. Not to be imposed by courts as to political matters, 7 Cal. 65. Revenue-as to, 9 Cal. 341; 34 Cal. 432; 46 Cal. 415; 47 Cal. 652; 51 Cal. 244; Wells, Fargo & Co. v. State Board of Equalization, Sept. 21, 1880, 6 P. C. L. J. 358, concurring opinion of Thornton, J.; see Assessment, Taxation. Roads-as to improvement of, 50 Cal. 561. Secretary of State-to impose services on, 51 Cal. 549. State Board of Equalization-as to, 47 Cal. 646. State officers-over, 47 Cal. 364. Streets-over, 48 Cal. 490-91; 52 Cal. 270. Taxation-as to, 2 Cal. 590; 4 Cal. 46; 7 Cal. 65, 400; 12 Cal. 76; 13 Cal. 175, 343; 16 Cal. 332; 29 Cal. 499; 35 Cal. 624; see also Assessment, Revenue. Trusts-as to, 42 Cal. 541. Validating judgments-as to, 50 Cal. 388; void street assessment, none, 53 Cal. 44. War-to determine when exists, 23 Cal. 173; 27 Cal. 175. 226. The term of office of a Senator is four years; of a member of the Assembly, two years. Term of office-of members of Legislature, Const. Cal., art. 4, §§ 3-5. 227. Sections 227 to 230, inclusive, are superseded by Sections 30-32 of Act of March 16, 1874, given under § 78, ante. ARTICLE II. MEETING AND ORGANIZATION OF THE LEGISLATURE. $235. Time and place of meeting. $236. Certificate of election, evidence of right to seat. $239. Assembly, organization of. $240. Oath to be entered on journals. 235. The Legislature shall assemble at the seat of govern. ment at twelve o'clock м. on the first Monday after the first day of January, eighteen hundred and eighty-one, and on the first Monday after the first day of January every two years thereafter. [Approved April 9, 1880.] Sessions of the Legislature-Const. Cal., art. 4, § 2. 236. The certificate of election is prima facie evidence of the right to membership. [Approved March 30; in effect July 6, 1874.] Qualifications of members-each House the judge of, Const. Cal., art. 4., §7; generally, see Desty's Const. Cal. 238. Contesting elections-for members of the Legislature, §§ 273-283. 237. The Secretary of the Senate and Clerk of the Assembly, the Minute Clerks and Sergeants-at-Arms of each House for any session, must, at the next succeeding session of the body, perform the duties of their offices until their successors are elected and qualified. 238. At the hour of twelve o'clock M. on the day appointed for the meeting of any regular session of the Legislature, the President of the Senate, or in case of his absence or inability, then the senior member present, must take the chair, call the members and members elect to order, and then cause the Secretary to call over the Senatorial Districts, in their order, from which members have been elected at the preceding election, and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The Senate may thereupon, if a quorum is present, proceed to elect its officers. Constitutional oath of office-Const. Cal., art. 20, § 3; see § 906, and generally, $$ 104-910. Quorum-Const. Cal., art. 4, § 8. 239. At the time specified in section two hundred and thirty-eight the Clerk of the Assembly, or in case of his absence or inability, then the senior member elect present, must take the chair, call the members elect to order, and then call POL. CODE-5. over the roll of counties in alphabetical order; and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The Assembly may thereupon, if a quorum is present, proceed to elect its officers. Oath, quorum-see notes to § 238. 240. An entry of the oath taken by members of the Legislature must be made on the Journals of the proper House. Basis of section-Stats. 1863, p. 386, 388. Journal-kept by each House, Const. Cal., art. 4, § 10: see also Desty's Const. Cal. 211; 30 Cal. 277; 43 Cal. 560. ARTICLE III. NUMBER, DESIGNATION, ELECTION, AND APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE LEGISLATURE. $ 245. Officers of the Senate. $246. Officers of the Assembly. $248. Assistant Clerks. $249. How paid. 245. The officers and employees of the Senate consist of a President, President pro tem., one Secretary, two Assistant Secretaries, one Sergeant-at-Arms, one Assistant Sergeant-atArms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, three Pages, three Porters, and one Postmaster, who, without additional compensation, shall be Paper-folder. [Approved March 31, 1876. [ 246. The officers and employees of the Assembly consist of a Speaker, Speaker pro tem., one Chief Clerk, two Assistant Clerks, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Journal Clerk, one Enrolling Clerk, one Engrossing Clerk, four Porters, four Pages, and one Postmaster, who, without additional compensation, shall be Paperfolder. [Approved March 31, 1876.]* 247. All officers and employees of the Legislature, except the President of the Senate, Porters and Pages, must be elected by the House to which such officers and employees are attached. The Porters and Pages shall be appointed by the presiding officers of their respective Houses. [Approved March 31, 1876.] Elected by the House-see Const. Cal., art. 4, § 7. 248 The Engrossing Clerks and Enrolling Clerks of the Senate and Assembly shall have no power to appoint any |