adopted and approved, should become the organic law of such city, or city and county if consolidated, and supersede any existing charter or amendments thereto and all special laws inconsistent with it. At the same time, while the legislature was inhibited from imposing taxes upon counties, cities, towns or other public or municipal corporations for county or municipal purposes, and from delegating to any special commission or person any power to levy taxes or assessments or perform any municipal functions whatever, power was conferred upon any county, city, town or township to make and enforce within its limits all such local, police, sanitary and other regulations as were not in conflict with general laws.

Under the old constitution, nothing was said about water rights: under the new the use of all water appropriated or to be appropriated for sale, rental or distribution was declared to be a public use and subject to the regulation and control of the state in a manner to be prescribed by law; and rates for water supplied to any city and county, city, town or the inhabitants thereof were required to be annually fixed by the board of supervisors or other governing body of such municipality; and it was further declared that the right to collect such rates was a franchise and could not be exercised except by authority of and in the manner prescribed by law. The old constitution said nothing about state prisons; and under old laws convict labor had been let out by contract: all this was changed by the new constitution, which prohibited any such contracts and required the legislature to provide for the working of convicts for the benefit of the state. The pardoning power under the old constitution, which was almost unlimited, had been so frequently used as to be very often abused. It appeared that many of the convicts, partly at least on account of the facility with which pardons could be secured, were serving their fourth and some their tenth terms. James McM. Shafter affirmed that they regarded San Quentin as “the happy valley of Rasselas and had no fear of it." The new constitution continued the pardoning power in the governor in much the same terms, but inhibited him or the legislature from granting a pardon or commutation of sentence in any case where the convict had been twice convicted of felony, unless upon written

recommendation of a majority of the justices of the supreme court. Under the old constitution criminal offenses amounting to felony, excepting impeachments and certain military and naval offenses, had to be prosecuted on presentment or indictment by a grand jury: under the new, they could be prosecuted by information after examination and commitment by a magistrate, or by indictment; and provision was made for the taking of depositions of witnesses in criminal cases other than those of homicide.

The constitution of 1849, as amended in 1862, provided that the legislature should meet biennially; that its sessions should commence on the first Monday of December of the odd-numbered years and not continue longer than one hundred and twenty days, and that it should consist of senators and members of assembly elected by districts-the senators to hold for four years and the assemblymen for two. The number of assemblymen was not to be less than thirty nor more than eighty, and that of senators not less than one-third nor more than one-half that of assemblymen. The new constitution changed the commencement of the sessions to the first Monday after the first day of January of the years 1880 and 1881 and of every odd-numbered year thereafter; fixed the number of senators at forty and of assemblymen at eighty, and provided that legislators should not be allowed salary for more than sixty days, except in 1880, when they should be paid for one hundred days. Every bill was to embrace but one subject, which should be expressed in its title; it was with any amendments to it to be printed, and to be read on three several days in each house, unless in case of urgency this provision should be dispensed with by a two-thirds vote. As to the executive department, on the other hand, not much change was made, except fixing the election of governor and other state officers— after those to be elected in 1879, who were to hold for three yearson the first Tuesday after the first Monday of November, 1882 and on the same day every fourth year thereafter; making their four-year terms commence on the first Monday after the first day of January after their election, and giving the governor power to disapprove special items in appropriation bills and to approve bills, not presented to him ten days before the adjournment of the legislature, within ten days after such adjournment. Another

provision, intended to prevent the repetition of an old abuse or scheming for it, expressly prohibited the governor from being elected to the United States senate during his term of office.

There was, however, a very general remodeling of the judicial department. Under the constitution of 1849, amended in 1862, the judicial power was vested in a supreme court, consisting of five justices holding for ten years; fourteen district courts, subject to increase in number by the legislature, with judges holding for six years; county courts, probate courts, justices of the peace and recorders' and other inferior courts established by the legislature in cities or towns. The justices and judges were to be elected only at special judicial elections. Under the new constitution, the supreme court was made to consist of a chief justice and six associate justices, who were to sit in departments or in bank and who were to hold for twelve years-except the first six associate justices were to so classify themselves by lot that two should go out in four years and two in eight years. They were to be elected at the general state elections; or, in other words, special judicial elections were abolished. Instead of district, county and probate courts, superior courts of general jurisdiction were erected, one for each county-having in the larger counties two or more judges and in San Francisco twelve, with power in the legislature to increase the number. These judges of the superior court were to hold for six years and to be elected at the general state elections. The legislature was to determine the number of justices of the peace to be elected in townships, cities and counties, cities and towns, and fix their powers, duties and responsibilities—provided such powers were not to trench upon the jurisdiction of the several courts of record, except that in certain cases of forcible entry and detainer and personal property liens they might have concurrent jurisdiction with the superior courts. The supreme court was to be always open, and the superior courts always except on legal holidays; or, in other words, what were known as "terms" of court were abolished. Under the old constitution, there was nothing to prevent judges from withholding decisions in lawsuits for almost any length of time, and there were in some cases great and oppressive delays: under the new constitution, no justice of

the supreme court or judge of the superior courts could draw his monthly salary, until he had made an affidavit that no cause in his court remained undecided, that had been submitted for decision for the period of ninety days.

When the constitution of 1849 was adopted, it was provided, on account of the large Spanish-speaking population, that all laws and other regulations, which from their nature required publication, should be published in Spanish as well as English; and, under old laws in some of the counties, certain judicial proceedings were allowed to be conducted in Spanish; but under the new constitution, all laws, official writings and executive, legislative and judicial proceedings were required to be conducted, preserved and published in no other than the English language. Under the new constitution, no railroad or transportation company was allowed to grant a free pass or any ticket at a discount to any person holding an office of honor, trust or profit in the state; and the acceptance of such pass or ticket by any member of the legislature or any public officer, other than railroad commissioner, was to work a forfeiture of his office. The new constitution also prohibited the giving or loaning of the credit of the state or of any city and county, county, city or other political subdivision of the state in aid of any person, association or corporation; also the making of any gift or authorizing the making of any gift of any public money or thing of value to any individual or to any municipal or other corporation, except institutions under the exclusive management and control of the state and such aid as might be granted by the legislature for the support of orphans, abandoned children and aged persons in indigent circumstances; nor was the state or any political subdivision of it to subscribe for stock or become a stockholder in any corporation whatsoever. The university of California was recognized as a public trust to be perpetually continued in the form and character prescribed by its organic act, subject only to such legislative control as might be necessary to insure compliance with the terms of its endowments and the proper investment and security of its funds; it was to be maintained entirely independent of and kept free from all political Stats. 1851, 152.

and sectarian influence; and no person was to be debarred admission to any of its collegiate departments on account of sex. And it was further provided by the new constitution that eight hours should constitute a legal day's work on all public work, and that no person should on account of sex be disqualified from entering upon or pursuing any lawful business, vocation or profession.

As the sittings of the first constitutional convention were relieved by a few incidents out of the ordinary line, so were those of the second. One had its origin in a resolution, requiring the secretary of state to furnish all information in his possession in regard to the number, classification, capital stock and places of business of corporations, other than municipal, formed under the laws of the state. In reply, Secretary Thomas Beck reported that the information asked for was recorded in the books of his office; and, in order that the members of the convention might have it at as early a day as possible, he sent them his books, consisting of fifty-four large volumes, which they would find piled up on a table near the clerk's desk; and in conclusion he had the honor to be their obedient servant. It so happened that, in the course of the previous night, a large owl had entered the chamber through an open window and perched on the cornice over the president's chair, where he sat looking solemn and wise; and one of the delegates moved that Beck's report should be referred to it as the "rural member." For a while there was much levity; but, upon one of the more serious members pronouncing Beck's conduct an insult to the convention and the mover of the resolution complaining of the character of the report, the secretary of state found it necessary to apologize; disavow any want of respect; remove his books in a sadder spirit than he had produced them, and make a new and more satisfactory report. In the meanwhile, the owl was ejected; and afterwards all references in relation to it were stricken from the journal. Another matter, not usual in constitutional conventions, was a commotion in reference to Charles C. O'Donnell, commonly called Dr. O'Donnell, one of the Workingmen's dele

1 Sacramento Record-Union, October 21 and 29, 1878; Debates and Proceedings of Convention, 163-175.