This constitution was in force until 1879. In that year (Mar. 3) a state convention, which had been in session 157 days, reported a new constitution, in which there were many novel propositions and radical changes from the old organic law. The new con stitution was vigorously opposed, but in the vote taken May 7 there were 77,959 in favor and 67,134 opposed, showing an affirmative majority of 10,825. The main pro. visions of the new constitution are the following: Trial by jury may be waived, by con sent of parties, in criminal cases not amounting to felony; and in civil cases as may be prescribed by law. In civil actions and misdemeanors juries may consist of 12, or less, as parties may agree; and three fourths of a jury may decide a verdict in civil actions. No native of China, no idiot, insane person, or person convicted of infamous crime, and no per son hereafter convicted of embezzlement or misappropriation of public money, may vote. After 1880, legislative sessions begin on the first Monday after Jan.1,and are bien nial. Senators (40) hold 4 years, assemblymen (80) 2 years; legislative elections are held on the Tuesday following the first Monday in Nov. Pay of members continues only 60 days; no bill can be presented after 50 days of the session have gone by except on con sent of two thirds. In appropriation bills the governor may veto or approve special items. Persons holding United States offices, except post-masters who have less than $500 salary, cannot hold offices of honor or profit in the state. No one con victed of embezzlement or defalcation of public money of the union or of any state, county, or town, is eligible for office in California. No money shall ever be taken from the state treasury for the benefit of any institution not under the state's entire control; but the legislature may grant aid to orphans, abandoned children, and aged poor. Laws shall be passed to prohibit lotteries, gift enterprises, and anything in the nature of a lottery; also, to regulate or prohibit speculative sales of stock; and all contracts for future delivery of stock are void. In elections by the legislature the members shall vote viva voce. Every description of direct or indirect appropriation or gift of property for the benefit of any sect is forbidden, not only to the legislature, but to the counties, cities, towns, school districts, and corporations. The public credit shall not be given or loaned in aid of any person, association, or corporation; nor shall the state or any political division thereof subscribe for stock or become an owner in any corporation. Extra compensation to public officers, agents, contractors, etc., is positively forbidden. Laws shall be enacted regulating charges for gas, telegraphing, and storage and wharfage. Bribery of a member of the legislature and lobbying with that purpose are declared felony; members proved guilty of receiving bribes are disfranchised and can never hold offices of honor or trust. Witnesses in examinations for bribery shall be compelled to testify. The governor's term is four years, salary $6000; other state officers $3000. The legislature may reduce hut cannot increase these sums. Fees are abolished so far as these officers are concerned. A governor is ineligible S. senator during his term of office. Among the judiciary provisions it is provided that after July 1, 1880, no judge of superior or supreme court shall receive salary unless he swear that no cause in his court submitted ninety days previous remains undecided. Appropria tions to sectarian schools are prohibited. Counties, towns, and cities can incur debt only by the consent of two thirds of the voters at special elections. Cities and towns have power to regulate the price of water and artificial light. A stockholder in a corporation is liable to the amount of his shares for debts incurred while he is an owner. Directors and trustees are liable to stockholders and creditors for money embezzled or misappropriated. The acceptance of passes from railroads or other transportation companies by members of the legislature, or by public officers except railroad commissioners, works a forfeiture of office. Lands and improvements thereon shall be separately assessed. Cultivated and uncultivated lands of the same kind and situation shall be assessed at equal values. Tax-payers shall make return under oath of
their real and personal property, and provision may be made for payment of real estate taxes by installments. Income taxes may be assessed and collected. There is a poll tax of $2 on each male inhabitant over 21 and under 60 for the benefit of the school fund. Except in case of war, invasion, or insurrection, the legislature shall not create a debt of over $300,000 unless for some specific object, and then provision for payment within 20 years shall be made; and such special debts shall be voted upon by the people.
The famous Chinese provisions are as follows: Sec. 1. The legislature shall prescribe all necessary regulations for the protection of the state, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens who are or may become vagrants, paupers, mendicants, criminals, or invalids afflicted with con tortions or infectious diseases, and from aliens otherwise dangerous or detrimental to the well being or peace of the state; and shall impose conditions upon which such persons may reside in the state, and provide the means and mode of their removal from the state upon failure or refusal to comply with such conditions; provided, that nothing contained in this section shall be construed to impair or limit the power of the legislature to pass such police laws or other regulations as it may deem necessary.
bee. 2. No corporation now existing or hereafter formed under the laws of this state shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian. The legislature shall pass such laws as may be necessary to enforce this regulation.
Sec. 3. No Chinese shall be employed on any state, county, municipal, or other public work, except in punishment for crime.
Sec. 4. The presence of ineligible to become citizens of the United States is declared to be dangerous to tile well being of the state, and the legislature shall dis courage their immigration by.all the means within its power. Asiatic coolyism is a form of human slavery, and is forever prohibited in this state, and all contracts for cooly labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all neces sary power to the incorporated cities and towns of this state, for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits; also, it shall provide necessary legislation to prohibit the intro duction into this state of Chinese after the adoption of this constitution.
Principals and seconds in duelling or challenging to a duel are disfranchised, and cannot again hold office. The property of husband and wife shall belong separately to each. The suffrage shall be protected by adequate laws. Mechanics and laborers have property liens for the value of labor and material furnished. Eight hours is a day's work. No person shall, on account of sex, be disqualified from entering upon or pur suing any lawful business, vocation, or profession. There are no more judicial districts; every county elects a superior judge (San Francisco elects 12, six others elect two each). Three railroad districts were created, and the congressional districts were newly arranged.
At the time the vote was taken ou this constitution, for and against which 145,212 votes were cast, there were 154,638 votes,against Chinese immigration. But all the enactments on that subject fall to the ground, since they are in conflict with the treaty with China, and the federal constitution provides that treaties shall be the supreme law of the land.
The first votes of California (4) for president were cast in 1852 forPierce and King; in 1856, for Buchanan and Breckinridge; in 1860, for Lincoln and Hamlin ; in 1864 (5 votes), Lincoln and Johnson; in 1868, Grant and Colfax; in 1872 (6 votes), Grant and Wilson; in 1876, Hayes and Wheeler. Of high federal officers, the state has furnished one supreme court justice. (For latest statistics, see APPENDIX.)