Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Posted by: mll1127 viewed 164 times

Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc.

What about the noose that Black America's own no good treasonous, despotic, misfit leadership, and the typical Black middleclass who praise this misfit set .... ...the noose applied to illegally deprive truly innocent, and law abiding Black people of their Constitutional rights, individuals who are U.S. citizens

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

by birthright?????....... ............. while giving praise to the sleazy, the greedy, the unethical, and the blatantly criminal, and/or criminal illegal immigrants!!!! Some people would say that I'm crazy, but most would say just the opposite, because credit should only be given where it is due. Since Martin Luther King, the NAACP, Jesse Jackson, SCLC, PUSH, the Congressional Black Caucus, the so-called Black middle class, are not in any way responsible for my success, and/or anyone in my circle, then credit in this instance is truly deserving as applied to: 1. My parents. 2. My own effort to succeed. 3. A few teachers. 4. A few friends who have helped me along the way. 5. Any Doctor, Doctors, Hospital such as Kaiser Permanente WLA or Johns Hopkins who helped to save my life. 6. Any co-worker who has helped me along the way. 7. Any stranger who went beyond the call in making my day. 8. Joe Pyne and the sponsors of Joe Pyne Talk Radio Show, KTTV, Channel 11. 9. One lone Black woman who made it her business to help re-unite my immediate family, the exception being one of my sisters, who spent at least eighteen years of her life, from the time that she was a toddler, to be hidden and passed between deceitful Black foster parents to keep the AFDC benefits flowing, in the 35th Congressional District, Congresswoman Maxine "Kerosene" Water's district, in South Central Los Angeles. ( 35th Congressional District map) 10. The Daily News for printing the truth about my family as opposed to the many falsehoods that Black journalists employed by the Los Angeles Sentinel couldn't publish the story straight even if the author gave it to them verbatim.

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

11. Booker Griffin, of KGFJ Black radio station..... " Griffin, Booker: KGFJ. Booker was a graduate of Baldwin-Wallace College in Berea, Ohio, and in 1962 moved to Los Angeles, where he started with Motown Records and was a volunteer in the presidential campaign of Robert F. Kennedy. Booker was an African American activist who, after the 1965 Watts riots, wrote and helped design programs for the Westminster Neighborhood Association in Watts. Booker died July 4, 1993, after suffering a diabetes-induced stroke at the age of 55." ......who helped to provide public exposure for one of my immediate family members in a bid to unseat, the no good Buffoon in an elected office holder, former Los Angeles City Councilman Nate Holden. It will be a "Cold Day in Hell" before I will ever give credit for my success, and/or any of my immediate family members success to any: 12. No good treasonous Black social worker who aided and abetted in the destruction of my immediate family for profit. 13. Deceitful Black foster parents who without legal authority used my brothers, sisters, and I, to collect AFDC benefits, to pay down on their mortgage, pay down on personal luxuries, finance that private education for their offspring, etc., through the destruction of any law abiding Black family, such as the Lofton family, for their own personal financial gain. 14. Any poverty pimping jack-leg Black preacher. 15. Any game playing and deceitful Black elected official in an illegal immigrant Merv Dymally, ............Individual(s) accusing the truly oppressed of being vexatious litigants to deny valid redress by conspiring to accuse and accusing the truly oppressed of being vexatious litigants ...... ................... no good sleazy and treasonous Los Angeles County Second District Supervisor Yvonne " Brentwood Burke" , Los Angeles City Councilman Herb Wesson, Congresswoman Diane Watson, 2nd District

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Mark Ridley Thomas , Los Angeles City Councilman Bernard Parks, Rod Wright, Maxine "Kerosene" Waters, etc., etc., etc., etc., etc., etc., etc., etc., etc., etc.* 16. The owners, and journalists affiliated with the Los Angeles Sentinel Newspaper, the largest Black owned worthless newspaper on the planet. 17. The leadership of the NAACP, which is sleazy at its best . 18. Any Dr. Martin Luther King, who again has absolutely no connection to my success. Mind you back in the day the destruction of the Black family structure for profit surely existed. Mind you just as surely as Caucasians disregarded the rights of Black people, the same and/or worse can be said about Black people who show contempt for the rights of other Black people, who have not infringed upon their rights in any way. 19. Those Black social workers who falsely accused my parents of kidnapping their own offspring, who would go to any length to summons police officers to arrest my Dad, and Mom for the erroneous charge of kidnapping their own flesh and blood, which is the height of disregard for the traditional Black family unit. 20. That no good Black social worker, who summons policing authorities to drag my parents out of the house, while in their pajamas, at 4 A.M. in the morning, on a bogus recommendation to commit both of them to section 95, which is insanity court. Mind you, my parents belief in themselves, and the value that Caucasians have in respect for the laws on the books, ruled my Dad and Mom both sane and competent. If left up to Black people my Dad and Mom would have been confined to an insane asylum. 21. Last but not least that Black probation officer, who places minors, including infants on Probation. The minors, and infants, in this instance being my immediate family members. All the above occurred during the height of the civil rights movement, and/or during the 1970's, to which virtually every Black elected official, Civil Rights Organization, Dr. Martin Luther King, many Black Preachers, were made aware of these very serious and un-American atrocities, as it relates truly un-American practices of breaking up law abiding Black families for profit.

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Not a one of these individuals spoke up, too even so much as use five minutes out of their day to respond to these very serious atrocities, as it relates to the unwarranted destruction of the Black family structure for profit by other Black people. Just as in contemporary times, it is very popular for that civil rights movement, or prominent leader, in a Dr. Martin Luther King, a deceitful Reverend Jesse Jackson, an NAACP, PUSH, the Congressional Black Caucus, many of the so-called Black middle class, to show contempt toward Caucasians for very serious civil or criminal law violations, but when it comes time to hold any Black people who fit this description accountable for the civil or criminal law violations that Black people perpetrate on other Black people, this message board, any room, the Black Church, a football stadium filled with Black folks, etc., become so quiet, you would think that the lights are on, and no one is present, or should the victim protest, he is called an Uncle Tom, referred to as being insane, ridiculed, etc. Again, I only give credit where it is due, to which it should be plain as day as to where my loyalty rests, and who my heroes are, who do not include Dr. Martin Luther King, Reverend Jesse Jackson, any game playing Black elected official, the Los Angeles Sentinel, any Black social worker, any Black probation officer, any Black foster parent, the NAACP, any jack leg poverty pimping Black preacher and their chitterling eating deceitful deacons, and/or any defenders of any of these disgraceful individuals, from any misfit set from within the Black community. ...........Not that I've written off all of Black America, ....and Caucasian America, and/or other U.S. citizens, like always I'm making it possible for you to stay tuned. It is certain that you have been following the Lofton story for many years. There is no question that the so-called Black university educated, Black America's own elected leadership have failed, because the reality of it speaks for itself. The defendants being the LAUSD, in Los Angeles County Case C#895188, to which a mountain of evidence exists to prove that the Los Angeles Unified School District, is in fact guilty as charged. The question still remains as once again, ..... upon meeting at that fork in the road, Are there Any Rights that the Truly Law Abiding of Black America have that Mandate Respect?

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Dread Scott came to this same fork back in the day, to which the reality of the answer was no. In light of the fact that Black people have served honorably in WWI, one being my Dad an honorably discharged Buffalo Soldier combat veteran of WWII, the Korean War, the Vietnam War, Desert Storm, one being one of my brothers an honorably discharged Naval War veteran of Desert Storm, and now Iraq. I seek answers to this question, to determine whether the American Flag, the Principles for which this nation stands, the Pledge of Allegiance, the U.S. Constitution, the "Bill of Rights", "Equal Justice and Protection Under the Law", "Equity in the Courts", etc. , in fact exist for me, and/or my posterity, to which this truth rests heavily on the outcome of Los Angeles Superior Court Cases #C895188, #BS111697, and #BC385899. The United States of America, being the greatest, fairest, most promising land of opportunity in the world , is great because of the good nature of the majority of people who live here. More so than not, the truth always prevails, and so far I'm really encouraged to stay on course, because this great nation has yet to fail the Lofton family. The misdeeds of a few citizens, as strongly evidence by the blatant incompetence of some Black people in positions of responsibility, the unwarranted character assassinations as evidenced by a few directed at my Dad, Mom, other family members, and/or I,....... ........are not the fabric, the essence, the purpose of what it means to be a U.S. citizen in this great nation. The many voices to the contrary, exceed the garbage that has been thrown my direction by more than a few Black people, by leaps and bounds. Should the facts present themselves, and/or should the American people pass judgment, it is certain that this cause will not be quashed by the negative responses that I have received from those who are Black like me, who again make statements they cannot prove.

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Thanks to the deceit, greed, and gross incompetence of more than a few Black people, indeed much of my childhood and that of my brothers and sisters was ruined. I credit the outstanding initial eleven years of my life to my parents. My parents being both credentialed school teachers, are indeed responsible for my success story as to what I have made of my life. Nothing but destructive activity came out of the truly unwarranted and blatantly illegal break up of the Lofton family for profit, on the part of sleaze, greed, and ignorance that surely exists within the Black community. Although my sisters, brothers, and I were used by the greed, deceit, and blatant incompetence of Black social workers, Black preachers, foster care providers, and/or probation officers to make money off of another's family members, this was not the worst of it. The worst of it, is that both of my parents were subjected to this foolishness, in serving unearned, unwarranted jail time, and not be faced by their accuser(s), and/or "unequal justice and protection under law", to which Caucasian America, Storm Front, Protest Warriors, the KKK, the Aryan Nation, etc., are in no way responsible for this very unethical, truly destructive to the Black family unit, criminal, blatantly illegal, truly un-American, and/or very treasonous activity. Court records, signed affidavits, the issue that both of my parents were ruled sane and competent, rebut all the perjured testimony that stems from those of deceit from within the Black community who have perpetrated these very serious atrocities on truly law abiding U.S. citizens of Black American heritage, who are also Black like them. A few individuals may attempt to quash this reality, but again this information if both true and factual. Furthermore, it can be augmented by additional information as published by a very reputable newspaper in the Los Angeles Daily News, to which again both the perpetrators and the victims are Black. ...but I presume this too, meaning the Los Angeles Daily News is just a racist paper, racist for publishing court documented, easy to validate, criminal, unethical, treasonous and/or un-American activity that definitely takes place in the Black community. .....mind you, to date, neither of my parents have been found to be criminal, unfit, insane, or otherwise, in any court jurisdiction in the U.S. My Dad

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

passed in July of 2003, to which none of the foolishness, as expressed by the deceitful can dishonor the truth, the honor that my Dad carried with him during times of battle during WWII, or here in the states, as it concerns his family. You won't find any publication discrediting my Dad's character, destroying his good name, etc., as expressed about Reverend Jesse Jackson, Michael King, and/or jackleg set of individuals from the Black community. The same can be said for all of my brothers and sisters, in that not a one of has been found to be criminal, insane, incorrigible, etc., anywhere with the U.S. In the U.S., the innocent are not supposed to lose rights to their property, freedom, and/or any family relationship, etc., unless it can be proven that they are criminal, insane, and/or incompetent. Best wishes to those whose have read, and shared their input, without resorting to cheap shots, name calling, foul language, which is not a reflection on the reader, but rather a reflection on those who make the statements in any cheap shot, name calling, foul language, etc., which has yet to rebut the material, or discredit this very serious reality. ......on another note, it pays to be a U.S. citizen provided you are competently represented , otherwise U.S. citizenship would have little if any value because.... The NAACP, The Typical Black Elected Leadership, the Black Clergy, far too many Black lawyers........ .......will bend over backwards to serve individuals, such the Black firefighter, in a Tennie Pierce, who: A. is tricked into eating a spaghetti dinner laced with dog food by Caucasian and/or other firefighters. B. also participated in hazing of fellow firefighters. C. is gainfully employed as a firefighter. D. has not been unlawfully and egregiously violated by agents and officials of government. E. has not been subjected to illegal and unwarranted penal incarceration, fines, and/or convictions. .........but in proven instances where truly innocent law abiding U.S. citizens

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

who are also Black, such as the Lofton Family, Carl Steadman, are truly violated by the criminal, illegal, and wrongful actions of agents and officials of government, be it in Los Angeles County or otherwise, through: F. illegal and unwarranted penal incarceration and fines. G, illegal and unwarranted violation of property rights. H. illegal and unwarranted break up of the Black family structure. I. illegal, unwarranted, and very serious defamation of the good character through unearned misdemeanor, and/or felony criminal convictions. J. serious unlawful and unwarranted violation of the U.S. and/or State Constitutional civil rights..... ........to which the individuals in categories F, G, H, I, J, K, M, N, and/or P, who need competent representation in an elected representative.... ....... The Typical Black Elected Leadership,......... .......... the so called Black clergy, the typical Black middleclass, numerous Black lawyers, journalists from the Los Angeles Sentinel Newspaper, and/or the notoriously fake and phony NAACP: K. trash legitimate petitions for redress. L. play games of deceit . M . join the ranks of the perpetrators to trash the lawful rights of the truly innocent, or all call for valid redress fall on deaf ears. N. use false pretenses to hold elected office at the expense of the law abiding O. are blatantly incompetent, and/or criminal. P. bend over backwards to discredit or defame the good character of the truly innocent. Q. Refer to the oppressed or the individuals victimized by the atrocities of government as being vexatious litigants, as a lame excuse to shirk their own sworn under oath of office duty to protect the lawful rights of the innocent, the victim(s), the truly oppressed. A most important function of any elected representative is to serve the people, protect the rights of any law abiding individual against rogue police officers, unethical or criminal public servants, etc .

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

Mind you, any individual so violated has the duty and the right to file a formal petition against government for redress. Just as the individual is mandated to respect the law, agents and officials of government sworn under oath must respect the law. It sure would be grand if an individual who commits a felony against another, or against the People of the State of California, or any other jurisdiction, is excused of any liability, after admitting guilt, after being proven guilty in court, to which the penalties are heavy fines and/or penal incarceration for his or her actions....... ........ and because the People of the State of California, or any other jurisdiction, have been vexatious litigants for holding the wrong doer(s) accountable, the perpetrator is excused from any liability. Slim chance exists that any citizen who violates the law, who is proven to have violated the law in court, will be excused from paying a fine, and/or serving jail time, because one or more City Prosecutors are vexatious litigants. More so than not, the persistence of any District Attorney, City Attorney, City Prosecutor will increase the probability, of the proven guilty to pay stiff fines, and/or serve time behind bars. Why any elected Black leader would conspire to oppress plaintiffs, the plaintiffs being Black like them..... .......Plaintiffs who prove that a government entity or public official has seriously violated the law, make the elected official so described truly treasonous and a despot, when more so than not, Black men and women are defendants in civil and/or criminal court. .......... any one of the foregoing and/or any combination thereof, as described in K, L, M, N, O, P, and/or Q, make the Black community a deadly and regressive community. Sincerely, Michael Lofton

Lofton, M. (2008). Unsung Heroes Who Have Done More to Serve the Oppressed than Dr. Martin Luther King, the NAACP, etc. http://www.ireport.com/docs/DOC-155551, Retrieved February 24, 2009. CNN ireports,

********************************* P.S. ....the jailing, fining, and/or unlawful violation of the U.S. citizenship rights of law abiding citizens is a travesty, truly unlawful acts that are not supposed to take place in the great United States of America. Furthermore this blatantly unlawful activity predates our present "1 TRILLLION DOLLAR TAXPAYER BAILOUT" economic crisis. .....more likely, the U.S. and its' institutions of government have failed law abiding individuals being U.S. citizens like me, the Lofton family, Carl Steadman, and/or other law abiding individuals, through a no good set of treasonous elected officials such as 10th District Los Angeles City Councilman Herb Wesson, 2nd District Los Angeles County Supervisor "Brentwood" Burke, Congressman William Jefferson, former 10th District Los Angeles City Councilman Nate Holden, Senator Diane Watson, Congresswoman Maxine "Kerosene" Waters, Los Angeles City Councilman Bernard Parks, Marc "little Napoleon" Ridley Thomas, the now felon former City Councilman Lou Bird, Detroit Mayor Kwame Kilpatrick, etc., etc. ........and a mountain of evidence proves this to be true! Tags: black_in_america In response to assignment: Black in America

Lofton, M. (2009). Black leaders Disregard for Constitutional Protections Make for a Dysfunctional Black community! http://www.ireport.com/docs/DOC-182700. Retrieved February 24, 2009. CNN ireports (2009).

Posted by: mll1127 // 1 month ago // viewed 39 times

Black leaders Disregard for Constitutional Protections Make for a Dysfunctional Black community!

More so than not, the treason and incompetence of elected black leaders , black lawyers, black journalists, and the black middleclass, have shown blatant disregard for the mandated State and Federal Constitutional protections of law abiding Black people, who are U.S. citizens by birthright . This activity is keeping the black community in poverty, chaos, crime infested, unrepresented, misrepresented, and this is denying the American Dream to law abiding black people, who are citizens by birthright.. It has failed to register with this misfit set, using Constitutional protections to hold a municipality accountable for multiple mega buck claims in damages, for the atrocities of police officers, unethical and criminal government officials, and/or others targeting innocent Black men, women, their offspring, and/or others, blatant disregard for the lawful rights of the law abiding in most any black community, would quickly come to a halt.

Lofton, M. (2009). Black leaders Disregard for Constitutional Protections Make for a Dysfunctional Black community! http://www.ireport.com/docs/DOC-182700. Retrieved February 24, 2009. CNN ireports (2009).

The many claims that resulted from the "rampart scandal" has done more to stop police abuses, blatant violation of the lawful rights of innocent citizens, than any racial profiling bill, any "million person" march in civil protest, etc., etc. The loss of assets of taxpayer's dollars in Los Angeles city revenue to pay multiple mega bucks in damages, has made for major reforms in the LAPD, the Los Angeles County Sheriff's Department, etc., etc. "Money talks and B.S. walks, meaning the substantial loss of assets talks, and the B.S. of "racial profiling or marching" walks! By and large the taxpayers will not sit quietly, while their tax dollars are being used to pay off civil claims, while the atrocities of government continue. Heads will roll, police officers who are responsible for killing or maiming the innocent are prosecuted, police chiefs make for change in the police department, incompetent doctors, nurses, hospital administrators, and/or elected officials become responsible or face a recall, being replaced, etc., etc . ......innocent young Black men, women, and/or minors so violated, and/or others are justified in their anger. Instead of "Rioting" to show their disgust and anger, by destroying the property of others, a better move would be to hold their elected officials accountable. The President, Congresspersons, Senators, Governors, County Board of Supervisors, Mayors, City Council persons, Judges, Lawyers , etc., etc., are sworn under oath to respect the Constitutional rights of the law abiding. Racial profiling is not a Constitutional protection, and slim chance exists where racial profiling legislation and/or the execution of any worthless racial profiling bill will bring redress to any victim or victims violated by the atrocities of government. If this type of activity were to occur in any Caucasian community, such that the lawful rights of innocent Caucasians were egregiously violated on par with what commonly occurs in the Black community, at the very least, Caucasian lawyers, and/or their elected officials would take necessary steps to bring substantial exemplary and punitive damages in civil redress to any law abiding Caucasian citizen so violated. ....and should government officials fail to take corrective action, slim chance exists to where they would remain in elected office, or continue to serve the public, at the public's expense.

Lofton, M. (2009). Black leaders Disregard for Constitutional Protections Make for a Dysfunctional Black community! http://www.ireport.com/docs/DOC-182700. Retrieved February 24, 2009. CNN ireports (2009).

.....and at the extreme end, Caucasians would take up arms or rebel against tyrannical and despotic government officials, like they did during the " Boston Tea Party ", the American Revolutionary War , so much so, that in comparison, the " Watts Riot of 1965, the Los Angeles County Riot of 1992, and/or any rioting in Oakland", would seem insignificant, "like shooting a pea shooter", as to the extent of "fire power" Caucasians would use to protect their lawful rights from the atrocities of a government, seriously gone awry. Typically, the Black community has not evolved to place value in the meaning of Constitutional protections , and/or value in the many sacrifices of honorably discharged Black war veterans to serve, protect, and defend the principles for which this nation stands ! ...... More on this reality Tags: black_in_america

'l.'HE

STArrUTES OF CALIFORNIA

PASSED AT THE

TWENTY-THIRD SESSION OF THE I1EGISLATURE,

i880.

BEGAN ON MONDAY, JANUARY FIFTH, AND ENDED ON FRIDAY, APRIL

SIXTEENTH, ONE THOUSAND EIGHT HUNDRED AND EIGHTY.

SACRAMENTO:STATE OFFICE: : : J. D. YOUNG, SUPT. STATE PRINTING.

1880

CONSTITUTIONOF THE

STATE OF OALIFORNIA.

ADop'rED IN CONVENTION, AT SACRAMENTO, MARCH THIRD, EIGHTEEN HUN­DRED AND SEVENTY-NINE; RATIFIED BY A VOTE OF THE PEOPLE ON

WEDNESDAY, MAY SEVENTH, EIGHTEEN HUNDRED AND SEVENTY-NINE.,

PREAMBLE AND DECLARATION OF RIGHTS.

PREAMBLB.

WE, the People of the State of California, grateful to Almighty God for our freedom, in order• to secure and perpetuate its blessings, do establish this Constitution.

ARTICLE 1.

DECLARATION OF RIGHTS.

SKCTWlI 1. All men are by nature free and independent, and haNe certain inalienable rights,among which are those of enjoying and defending life and liberty; acquiring, possessing, andprotecting property; and pursuing and obtaining safety and happiness.

SKC. 2. All political power is inherent in the people. Government is instituted for the pro­tection, security, and benefit of the people, and they have the right to alter or reform the samewhenever the pubhc good may require it.

SEC. 3. The State of California is au inseparable part of tbe American Union, and the Con-stitution of the United States is the supreme law of the land. .

SEC. 4. The free exercise and enjoyment of religious profession and worship, without dis­crimination or preference, shall forever be gnarl1nteed in this State; and no person shall herendered incompetent to be a witness or juror on account of his opinions on matters of religiouBhelief; but the liberty of conscience hereby secured shall not be so construed as to excuse actsof licentiousness, or justify practices inconsistent with the peace or safety of this State.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, incases of rebellion or invasion, the public safety may require its suspension.

SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses whenthe proof is evident or the presumption great. Excessive bail shall not be required, nor exces­sive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall notbe unreasonahly detained, nor confined in any room where criminals are actually imprisoned.

SEC. 7. The right of trial by jury shall he secured to all, and remain inviolate; l;mt in civilactions three fourths of the jury may render a verdict. A trial by jury may be waived in allcriminal cases, not amounting to felony, by the consent of both parties, expressed in openCourt, and in civil actions by the consent of the parties, signified in such manner as may beprescribed by law. In civil actions, ftnd cases of misdemeanor, the jUl'y may consist of twelve,or of any number less than twelve upon which the parties may agree in open Court.

SEC. 8. Offenses heretofore required to be prosecuted by indICtment shall be prosecuted byinformation, after examination ~nd commitment by a Magistrate, OT by indictment, with orwithout such examination and commitment, as may be prescribed by law. A grand jury shallbe drawn and summoned at least once a year in each county.

SEC. 9. Every citizen may freely speak, write, and publish his sentiments, on all subjects,being responsible for the abuse of that right; and no law shall be passed to restrain or abridgethe liberty of speech or of the press. In all criminal prosecutions for libels, the truth may begiven in evidence to the jury; and if it shall appear to the jury that the matter charged as

xxiv CONSTITUTION OF CALIFORNIA.

libelous is tIue J and ".ras p1111lishell wlLh good. motives 0.1)(1 for Ju<;tIfiable ends, the rur~y shallbe acgllltted; and the JUlY shall h,1Ve the light to determme the law ann the fact Indict­ment., foulld. Uf Jnfl1fmatloll lrud, fo1' pubhcatlOlls 111 l1eWSpapels shall be tned m the clIuntywhere such newspapers have their publlcatlOIl office. or In the cnullty where the party allegedtn be Ilhele.i resl.}efl fit thp tune IIf the alleged l'uulIcu.tLun, unless tile place of trIal shall bechange,l for ~ood cause.

ShO, 10 The peoplo" shall have the right to freely assemble together to consult 1'01 the COIll­

nlOn gOl)d, to Instruct their Representatives, and tu petItIOu the Legislature for redress ofgnevn.ures.

SEC. 11. All laws of a general nature shall haye a ullIfurm operation.Slo..c. 12. The 1J1lht:lIy shall Le sullordlJl:lte to the CIVil power. No st:lndlug a.rmy shall be

kept up by tbIS State 1n tmw of peac~, flnd]ll} sl)hher shall. III tune of peace, be l\l1art~lcd 1Ufilly huu<;e Without the cons~nt of tl!e ownel, nOl Jll tune uf war, e-xct-'pt In the Hwnller pre­SCribed by law.

SEC 13. In crnl1l1l:11 plQSecutI\)nS,~In auy Cnurt whateyer, the party accu,;;erl shall hu.ye theIII;ht to ,1 'llOetly and publiC trml; tu have the prucess of the Cum t to compel the attendance ofwitnesses III IllS behaH. a.nd to appear and detenrl, 111 pelsun [lllJ WIth counsel. No perSI)nf'ball be tWice put III Jeopmdy for the .::;ame offen<;e: nor be compelled. 111 any cl'lmInal ca~e, tobe a wltn~s' ago1m,t humelf, nor be dcpllved of lIfe. lIberty. or property wlthuut tiue processof law. The Legl,latIlle shall have power to plO\"Ide for the taking, III the presence of thepn,Ity accu;,ed anrl hls counsel, llf lieposlLlOllS v1 wltnessf'S 111 cnmlllal cases, vther than caSt:S ofhomicide, when thele '" leason to heheve that the witness. f,um mability or other cuu,e, wIllnot attellli at the tlW!.

Sye 14 Pllvate property shall not he taken or damaged for puhlIc UBe without Just com­pE'llsatlon havmg been fiJst made tu, 01' paId ll1to CI)Ul'li for, the owner, al1l1 no TIght of way~hnll be nPI'loprl3.ted to tht" use of any COIporatlOll otber than municipal unLil full CI)mpenSa­tl01l tlJf'lefo[ o~ :fir:-t made In money or ascertallltjll anlL p<:wl1nto COUlt for the owner, ITleSpeC­tlve of any oenefit from any 1I11l'Tl)vement P10l'flSfd Ly l:luch ('IJrpOlatlOn, whICh compensatIOnshall be a.scel't3llled by a Jury, unless a JUlY be walyed, a'3 In other CIvIL cas~s 111 a. Gunrt ofrecM'[, as sboJI he presclloe,l hy law.

SEC 15 No pf'ISnn shall be Imprisoned for rlebt III ftny CIVIL acbon, on Iue~ne 01 final pro-cess. unles;, III c.lse~ (If fl':1ud, nOI In ~Ivd actIOns [01' to,·t~. except Il1 ca"es of Willful inJUl'Y toperson or propel'tv. and. no person shn.ll be IInprl'3oneLl for a mIlitia fine 1n tIme of peace

SFC. 16. No I,ill of attallHler, ex post facto law, 01 law JlnpaJrIng the oblIgatIOn of contracts,shall evel be pa"e'[.

Sr(' 17. Filleigneis IIf the whlte race or of AflIcall descent, ellgil.t1e to bec.:onlf' Citizens ofthe Ulllte(i I:)tates unuel the nuturalizatllln 1.lWS tberent. while !JOlla fide It:-slllt'nts uf thIS State,shall hn,,'e the snnle }'Ights 111 rE'spect to the acqmsLtlull, possesslOn, enjoyment, tl'allSnllsslOD,amI Inheritance of prorerty as naLlve-horn CItizens.

SRe. IS. Neither <;lavery nOl Illvoluntary servitude, unless for the pllJllShnlent of cl'lme,shall evel be tolemte,[ In th,s State.

S.c. 1~ The light of the people to be seCllre III their persons, bOlls~s. papers. and elfects,agalllst ulireasonable seizures anel searches, shaJlnot be vIOlate,[; andllo warrant shall Issue,but on plObnble cau5'3. supported by oath or affilmatlOll, particularly descrIbmg the place to heseal'ehed and the persons a.nll thmgs to be seized.

51-C. 20. Treasou agalll"!-t the Slale shedl consIst only in IC'vying war agalllc;t It, o..f1berlllg toits ent3111le<;, nr glVlllg them md and comt~)lt" Nfl peI~[ln shall be COTl\~ld~ll oft1eason unless onthe eVIJence nf two wltne:-sc'S to the sarne oveI t aet, 01 confesslun JIl 0pt"1l COl1rt.

Sl'c.:21. Nospecl::tl p11YIleges or Immunltles shall evt'rlJe ~rallted which 1nay not be a.ltered,revok~d, or reve.1t.)d by the LP.gliilaturt<, nor shall any C'ItlZf111, 01' el::Lss of cltlzen'J. he granted!Hlvllcges nr ImmUnIties wJueh, upon thr:o same terms. shall not be gIanted to ~111 Citizens

8rc. 22 The prOVISIons uf thlA Const1tutIOn ore mandatory nnd prohlbltury, unless byexpl~s9 words they al~ declared to be l,thel\\ls('.

She 23. TIllS enUlJlelatl,)U of nghts shall not be cOllstrued to ImpaIr or deny uthers retmuedhy the people.

Sw. 24. No plo[>erly 'lualdicatlOn shall ever be reqUIred for an)' person to vote or bold office.

ARTICLE II.

RlOHT OF SUFFRAGE.

SH.. TION -1. EvelY 1111t1ve ])"}nle CItizen of the Unltt.·11 States, f\\Tery male person who shallbaxe acqlllred the rights of CItizenshIp unde'" or by vlIlue Clf the. trea.ty of Qn~l'etftlO, a.nd evel'Ynude natLlr::L11zed CItizen tLeleof. ,,,"hI) sha.lI ha.\e become such .Il1n~ty days prwr to any electIOn,of the age of twenty-ont' yeal';';. who shall have heen a leslrlent (If the State one year llext pre­cedmg tlIe electlOlI. and ul the coullty III wllleh he el"lIuo 1m vote llmety cloys. anelm the dec­twn IHeclllct thirty rla.ys] ~h:lll hI;:' entitled to vote at nll elt:>ctlOl,!S \\'lllC'h are now 01 may here­after ue 3llthnllzell by l::n~r, 'P~·l)tncltJ. no native of Chm<\, 110 H1lot. lUS311e peISt)n, or personCUll' Idetl of any lllfaffious erllne. anrl 11u Jl~rst)n hellJ3fter ('nnvlCted of the embezzlernl~TltorIllIsapprt.)pIHl,tlOn uf publIC fJl1mey, sllall eVeJ exelcl<;e the prlvl!pge<; of an t:'lectol' 11l thiS t>tute.

S1'c. 2. Electols shall III all C~1se~, eXl'~pL treason, fell.'ny, or breach of tbe peticc, IJC prlvl­legt'n. fr(lUl anest I)n the days of electIOn, dUring their atteudalJce at such electIOn, gOlllg to andreturDlllg thereflom.

CONSTITUTION OF CALIFORNIA. xxv

SEC. 3. No elect"r shnll he oblIged to perform mlIJtm duty all tbe day ~f eleetiOIl. except III

tune of war or pH bhc l1nngel.SF-C. 4: For the purpll,;e of votlllg'. no pel'Silll shnll lJe flt-'enwd til baye- gamed or lost a. feSI­

<lencp hy l'ea').. 11 of hl'3 preS€IWe f1l absence while t:'Illplu) ell 111 the sel VICP of the UIlIted Slates,nor while t:'1l~rtgf'd J11 tht" tin-" Jgntloll (If thf" W[Ltel'~ 'If tIllS State. 01 llf thl'" Untteti States,or nf the lllgh S~::l'=;; 1101" while a. stuclent at any selllillary of It"arnmg. nur whllt" J<E'pt at allYalms-hollse 01" other [IS) hUH. at publlc e ..... pense· nor whlle ClllltlllE:'fl III i11l)" publiC' prlsun.

SEC. 5. All e!ectlOns by the people shall be by ballot.

ARTICLE III.

DISTRIBUTION OF POWERS.

SCCTTON 1. The powers of the Goyernment of the Stnte of CaMornHL shall be d'Ylder! mtoth ree serm ate d~r,lrtmetlt:3-the legll.,latlve, exe(~Lltl \ e, [l,nd JndlClfll, flnd Ill) liP] SOil eh:lI gedwIth lh~_' e"'{t'lCl"~ (If l"Jwer'i flltlperly belon.g'lIlg to l")ne ot the--c Jep:lltmenls "b:111 p. ..... elclbe [~ny

functltJns appertolllmg to f'lther of the otllers, eXtJel't as JIl thiS C'onstItuhl)Jl explessly duccted1IJ" peJJ:l.lltled,

ARTICLE IV.

LEGISLATIVE Dr,P.\RTMt..N"T.

S'CTTON 1. The legi'latlve pow~r of tlllS State shnll be v"ste'!lll a Senate and Assembly,WlllGh .,hall be dt"slgnJ.ted The LI:gl51atllre of the Statt'" of C.:L1lfol lllrt, rtnd the enadl1lg clause{If every Inw ,hall be a' follow,' ,. The People of the St.\te of ('.,hfnrIlIa. lej)lesenteJ 1Il Sen­a~'" ftllfl A%I~rllt.lv. rIo eWll.'t n" follllws."

Src. 2 Tbe Se%1011'i of the Legl"lnlll1e "hall Cllllllnence at twt'lvt' o'clllck].I on lhe -first ?\.fon­a.ly::tller the til;;;t rIay of J~nu~IY next "ucct"'edll1~ the t"ledlr>n of Its memberb. and nfter the.el'~ctlon hold HI tilE.' :. e::u f'lghtf"OIl lllllldre(l and €lghty, "hall be biennial, ll1lless thf" GrwelllUrshall, 111 thp I11tfH'lm, ClInyene the LeglslatuTf" by pro('hunn,tlOll. No ray blHLll lie allo''''E'11 tollle!1l),(;I'S fllr l11()llg-~r tlll:l(' than Sl~ty d.ly', except fur the filst seSSJ(lll after th", cHlopllllll of thlSCOllstlLutlnn, 1:1} "dllc'h they Inay be allowed ray fIJI l.llle Illllllirell da.Ys. Anri no bIll shaH beintIllLlllCPlll1l t'ltlJCl H()l1.;;,e, nftel tilt" C"'(PIIi1tlOll nf lllllety days flO!Jl the commenccmenL of thefhsL seSSion, nOT after fifty tlays nfter the COlllmencelnent or eaeh "ucceerl.lI.lg seSSIOn, Withoutthe cnl1~ent or tWI)-thlrd" uf the rnernhers theleof

~FC, 3, l\Iembers of the A~3elllhly shall be C'1eeted 111 the ye:1r eIghteen hUllflred and seventy­nIne, at the tlln~ and Hl the ll:IUll:I'".lf'l' nnw 1'It)\'lded by law. The se~onrl pleetll111 of mernhels ofthe A"elllbly. aftel' the adoI'tlnn of thIS Constltutlnn. "hall be on the filst Tuesday nfter the firstr..r(l]l(lay 111 NlIyembt:1, E'lghtef'n huwherl anti E.'H~hty. rrherea..fter, mernbel.s of the Assemblyshall be chosell bIennially. anr! thell' tel'1I1 of nmee _hall be (,'0 yems, and each elect Inn shnllhe on thc" first Tuesrlay after the fiIst 1\lonu:1)' III NUvenlbt.'r, ullIes,; othennse olLleleLl by theL€."~lslatllre.

S.a 4. Sonators shull he eh,)sen rM the term of four ye.".". at the Sam" t,me anrl places asmemLoer~ of the A~sembly. anr! no persall shnll be a member of the Senate OJr Assembly '1'110

has not beell i1. CItizen and lllLalJltant l)f tht: StJ..te tlnet: yea.ls, and. I.'f the dlstud fol' which heshnll lll~ cho"en one yea!.". next LcftJre JllS electlon

S~C, 5, The Senatl" shall cnnSI ...t tlf forty melllbE.'r9, [UHl thf< A""C>lnbly or eIghty m~lnIJcrs. tobp, plocte1i hy dlstl'IPtl::., IlUmbeJe-d :J.l;l, he1eIn:l.fter PIO\'Id.~J.. The seats of the twenly Senatorselecterl III the yl'[U r~lghtet'n pll1Hlieri and elghty-two ftom. the t1dd numbered dl"tIlCt~ "hall beVQcated at Lhe expllJ.tlCln of th.e second yE'[lI, S<l that nile hall of the Senators ::;hull be elected€'\ery two yt"ar':i, pl0llldcd, thnt nlllhe Senat,ns eledt::rl a.t the first elE'etll.'n under thIS Constltu­tlOn Shall hnld nfRee for the t~rm of three )'1"'a1 s.

EltC 11. Fur the Jlurpllse of chnU--Il1~ members of the L~gI51atllre. the State shall be dIvluedinto fUlty seantol1:!l find elghty assembly dl"itl'lctS. a~ I1p:uly pf]ualll1 populatll)1l u.s may ue, andcc)fnpnsed o( CClntlg1lOus terlltor.v. to be'called C:;Pll~lb)ll:Jl aUII fl~selll1Jly dl~trICts. Each sen!ltor­Jal rll"tll~t shull f.:hoose nn .... Senator, u]}Ii e.wh a,;;,sembly district sunil choose I)lW IIlf>lllher l)fAf.'5embly. The senatllllfli districts fihnll h(" lllltn1Jlo'l.eu hom Olle toflJltv, lllelusLve.,1ll numel.lcaloHleI', ann III the asscrnblv dl'~trlCt, shall be I1llmbel'ed from one to eH~hty, l1l tue sn.me Older,cOln.menclng- at the nollib~ern. bounda.ry of the St.."1.te, ,mel eH.}lllg at the southern bllundarythereof. Iu the -finlllntlOJl of sneh lilstllete;;, lin f'OllIlty. or elf)' and county, c;lJall be ulYlded,lInJe-ss It ront:1111 n, sufficlellt popUlatIo!l \\ Ithlll Jtself to fo'm twu ur more dIstricts, Dor .,hall n.pmt of any N1llllty, (11' nf any Clty and cnunly. be unltell Wltl1 on\, othel eOU1lty, or cltvandCOllnty, III forrJ1l1lg allY UIstllt--'t. The Ct"lhUS t,lken unrIer the dl1'~ctIl)n of lhe ('t1ngll~~g (If theU,lIIted Stntps In the year oue thnu:5and eIght hUlllhed and eighty, and eV~IY tell years thele­o.ltel, .,hall he the ba::;I'3 of fixlI1g anJ nJJu~tll1g thl' Ipglsla.llye dlsLrld~. nn~l the Legl.::.lntur13shull, at lt~ fiJ'3t SeS<;]I)ll after each CI;llS1l5. wlJust such dl"tllctS <l1ld It-f1l'}J0ltlllll the H'}Jrt:'5t...-nla­tll)1l ':in:18 ~o pleSt"I'VP tl1t-'lll as npar equal In populatloll as may Le But.. III maktng slich adJust­Illent nn pel'30nS whn ale lIot ~llgd)le tn II€corlJc Citizen" of the Unlterl ~t.lt€5, unuCl thenatulallzatlnn lawf5, ~hall be cnuntefl as formlllg a part of the rOpUla..tlOn of any rhslnr-t lTntllSUCD dl'itrlrllll~ as hereIn rl'l1vlded for "hall he lllade, Senall)r.:; awl AsSt"'mblymell shall beelecteJ. I,,}' the distrICts accf)!dlllg tl) the ~lrpoltIllllIllelltnnw ])J.'tJvIfled for by law,

4*

XXVI CONSTITUTION OF CALIFORNIA.

S~c. 1. Each House shall chonse Its officers, ",nd judge of the qualificatIOns, electIOns, andreturns of Its members.

Src. &. A mnJorlty of each House shall constitute a quorum to do business, but a smallernumlJer may adjourn fTorll (l::Ly to day, and may clJrnpel the nttenc1,lnce 01 abs~llt luembers Insueh mnnner, :Uh-i under such pellELltIeb, 3.8 each House may proYHle.

SEC. 9. Each hnuse sha.ll uetcrmlllc the rule of Its Pll.ICf"f'(lll1g. and lllay, wIth the concur­rence of two thuds of all the rnembers elect-en. expel a InemlJer.

S~c 10. Each Huuse suall keep a Journal vf It, Itloceedlllg', allet puhlIsh the same, and theyeas and nays 01 the memuPls of eIther House, ou any questIOn, shall, at the deSIre of anythree mC'-mbers uresent, be enteleu on the Journal

S'c. 11. !\Iembers of the Leglsl"tUle ,hall, III all cases, except treasnn. felony, and bleach ofthe renee. be 1"'lnleged. [tom al rest, and shall not. be subject to any CiVIl plUcess J.url11g theseSSlOn of the Leglsln.tUle, nor fur fifteen days next L~fore the COmm€IH'emt'nt and aftcl thetCIIII Illatll)n of each SeS"l.lOl1.

S~c. 12. When vacancies nccur in cltber Huuse, tbe Governnr. or the peI;on exerClslUg thefunetlOns of the (.:roverUlll, shll.llls5ue Wflts of electLon to fill such vacancIes.

SEC 13. The dvors of each House shall be (Ipen. except 011 such occaSIOns :lS, In the opinIonof the House, ma.y l'e(lUlre sPclecy.

S.c. 14 NeIther lIuuge shall, wltbont the consent of the other, aetjonln for more Lhan tbreedays, Iwr tn any place other than that 111 wbICh they may be slttmg. Nor shall the membersof eItlJer House ciraw pay fur au)" recess Of uclJlJufnlT1c'nt fOf a. lnnger tllllt' than three dilYs.

SEC. 15. No law shall he passed except by bIll. Nor shall any bIll be put upon Its finalpas<age untIl the same. WIth the amendments tbereto, sball bave been prIuterl fur the use of themem!Jers. nllr ~hall i1l1y bill becomE: a. law unle~,; the S~l.me be reud 011 tluee severn I Ui1\.rs IIieach H"use, unlcss, III case of urgency, two thuds vf the House where such bill Illay be pend­Ing' shall, by a. vote of yeas a.lld Ila.y~. dl8pl"nSe With tbl'.; pr(lVI'ilon. Any bill may ollgmate Inelthel House, but Inay be alllendetl or rejected or the other; 41nd LIn the final pLl.Ssage 01 all LIllsthey shall"e read at length, antl the vole shall be by yeas antlnays upon each bIll sepalately,and sLn,1l Le entt>led 011 the JOUlnnl: and no bill sh.lll beeome a. law without the cOUellrtenooof a mn.lnrlty IIf the lnembers elected to each IIouse.

SEC. 16. Every bill whIch may have IXl.sse-d the Lpgl"ilatllre shall, 11€fore It beCf,mes a law,be presented to tbe Governor. If!><' approve It, he shall Sign It, but Jf not, he Ehall retnrn Jt,WltU hiS oUJectlOlls, to tbe House III whiCh. It orlglllated, whICh shall enter such tlbjCctlOllS uponthe JOUlna.! anJ proeeed. to reconsider It. If, after such leconSldclatlOn, It aga.ln pass bothHouses, by yeas awl nays, two thnds of the members elected to each Huuse votIng thelefor, Itshall become 11 law, notlVltustandll1g tbe Governor's obJectwlls If any bIll "ball 1I0t, bereturned witlun ten days after It shall ha\re 1el:'11 plesented to hun (Suntluys excepted). theSame shall become a law In like manner as If he hud SIgned It, unless the LeglslattueJ by ullJourn­nlent, !Hevents buch return, Hi WhICh cn,r;;e It shall not becomea.ll1w, unle% the Governol', WithInten clays Dfter such aLIJoll1 Ilment (Sundays excepte(l), ~hnll Blgn fLllCI deposltctIle same Ln the(dlicE' of tht: Secreta.l)" of State. III WhiCb case It :,hall become n.li1w III like Jnallner as If it hadbeen Signed by bUll uefore arlJoUl'llment. If any LIII I'JeselltA~d to the GoVt-'ruor contruns '5eypralitems (If n,ppl'Oprl.ltlon of mOlle-yo he lnay object to one or more Items, whlle applovlllg otberportlollS of the bill. In sucb cu,e he shan append to the bIll, at the tlllle of slgnlllg it, a state­luent of the Itf'1l1S to wluC'b he objects, and the reus()n~ tht::leflll', anLl the a.pproprmtlOl1 soobJeeted t(l shall not take eHed uule:,s p.lsse(l over the l-lllVernor's vet...), 0':1 hereInbefore [JI'ovrJed.If the- Le-glslature be III seS,"IIIIl, the Governor shall trall'5mlt to t.he House 111 which the bIllong1l1ated a copy 01 suell statC'lllent, and the Itel1lS "0 objected to shall ue bt'}Jarately reCon­wIere,1 III the s"me manner as LHlls which have been dlsapplOved I~', the Govern"r,

SFC. 17. The Assemuly sh.llllwvt" the sole powl~r or 1IlIpe.1C'!llnent. :tnll all lI11pf'~chmentsshall llt~ tiled hy the Senate. 'VIll'll Slttlllg tor tha.t purpt)se, the Se-nnttllS shall be upon o.:ltb orafhunatwll, and no person shall 'be CllnvlCt~d wlthont th~ concurrence of two tllulls of themembels elected,

S"c. 18. The (·hlvelnor, Llt"utenant-GOyelnOr, Secret.a.ry of StateJ Contlc,lter, Tl'easurer,ALtorney-Genern.l, Surveyor-General, CIlll:f .Ju:::..tll.:e awl Assnclate ~Tustl<..e':l of lhe Supreme CLlurt,and .Judges of tbe bUlJerwl Courts, sball be lJaLle to nJl}lt'3CUl1Ient for any mIbdemeunor IJl office,but Judgment III such cnses ~hnll extend only to removal flOl1l office, ani I dlsqu:lll11catlO11 to Ulildnnyoffice of honor. trust lIr profit under the State; but the pnrty cOllywtt?-d or ncrlll1ltecl shall never­theless be lIable to mdlC'tmellt, trIal, and pllnl"lullent. accoI<llllg to law. All other CIVil officerssIJulllJe tlled for Illlsrlemeanor III o1TIce- In sitCh mQ..nner as the Legislature nlay prllvHle.

HFC. HI. No St'llJ.tor or Ineilluel of Assembly shall, Jlllll1g the term for wlllL-h he shall havebeen elected, be appollltetl to any CIvIl office uf profit un<ler thIS StaLe" Illch shall bave beencreated, or rue emoluments of wJllrh have been Il1cleased, dllrlllg sucll term, except such officesas may be filler[ by election by the people.

Src 20. No P€'ISOll 11lIIdlllg any hlC'I'.ttn;e office- under the Ul11terl States, or any other pn\ver,shall be eligible tlJ any ('1\'11 office ufPlofit unrlel thiS St.tte, promded, that ofhcer:, In the l.IlllItla,wIll) reCeIve 110 llnnual salul'y, 11IcaJ offit ers, or PCl'5tlllnst01s whose cCimpen-;a.tlOll does not exceed:five hUllrlred dollars per annum, Bhallnut be deel.l1ed lu hl,lcl IUcllltlve otli.~es

SEC. 21. NLI person COllvlcteJ of the embezzlt'lllentordefulcatlOll of the }Jubllcfunds of theUnIted States. or 01 any State, (lr of any cOlluty or mUlllCI}hlhty tuelelJ1, shall eyet lJe eligIbletu any office of honO!, trust, or profit umler tbls StaLe, alld the LegIslature shall plOvI,le, bylaw, for the pUllIshrl1ent of embezzlement 01 defulc..'l.tIOIl as a felony.

SEC. 22. No money shall ue drawn from the treasury but m consequence of approprIatIOns

CONSTITUTION OF CALIFORNIA. XXVll

made by law, Imd upon warrants duly drawn thereon by the ContlOlIer; and no money shallever ue approprmted or drawn fronl the ~tntE' treasury for the use or benefit of any corporn.tlon ..assocwtlun. asylurn, hosIHtal, or any other lustlLutlOn not under the exclusrve manag~rue~tandCfllltTII} of the State as:1 State InstItutIOn, nor bllUll any glitllt or donatIOn of property eVer beInade thereto by the St"te. prov"Icd, that 1l0tWlthslandlllg anythlllg con tamed III thIs or anyothel SectlOll of this CunstlLutlOll, the Legislature 8ball ll:l\'e the pu\\o'er to grant rLId to IIlsiItu­tlOns eOlHlucted fllr the SUpptllt and mallltenauce of mmor ol'plulnS. (IT balf orphalJ~, orab<llldoueu c~Jldren, or aged pel sons In Indigent CllCllm'3tances-such ~LJd to lJe gHlllted Ly auillform rule, anll ploportIonl-'ll tl1 the Humber of lIllnates of such respective InslltutlOllS; P1'O­

v,dedjurlher. that the State shall have, at any lime, tbe Ilght to lI1qulle IlltO tbe management,of such lIl"tltutlOllS. prolndcd .t lO·thc1·, that whene·..er any cnunty. or city iLnd county. or City,or lown, shall provide for the snpport of JIl1l10r orphans, or balf orphans, or abantloned childrenor aged pelSllll'3 111 JlHhgent circumstances. such cuunty. city nnu county. CIty, or town, shall beentItled to reCelVE.' the same pro rata. upplopuatlOnsnsnuly be- gluntf'd to such lnstltut!OIlS undercburd.l 01 othm contlol, An accurate ~L.lt~rnt'nt uf the I€Celpts and expendItures of publIcmoneys shall be attached to and J'ubhshed with the laws at every regular session of the LegiS­lature.

Sr.c. 23. The members of the Legls1.lture shall reCeive for thelJ servICes a per diem andmileage, to \,e fixed by Jaw. aud paid out of the pUblJc trea~ul'Y; such per diem shall not exceedeight dollars. and such mileage shallllot exceed ten cents per mIle, and r.J! contmgent expensesnot exceedlllg twent.y-five ,loll[us fl)r ('neh ,;;esslOn. NI) mCl€':l.Se In cornpensatlOll or nulea.gesball take elleet dUllng tbe telln for which the members of either House shall have beenelected. and the pay 'Jf no attaohe shall he Increased after he '5 elected or apPolllteu.

S~C. 24. EyelY Act shull embrace but one subject, wl1]('h suLJect sball u(; expIPssell In ltstItle. But If all)' sllbJ"d shall be emb,aeelllll all Act whlob shallllot be expressed III Its title,BHch Act shall be V~)I,I only n<; tl) so much theleof 115 shnllnot be expressed III Its title. No lawshall be J('VIS(U nr amended uy l'efeumce tv It'S title j but 111 such case the Ac~ reVised orsectIOn amended shall be reellacted, and pubhshed at length as revlseo or amended.; and alllaws of the State ()f Cahf'Jrnla, nnll all officlnl WIltlllgS, flnd the executive, legislative. andJud.lcIUl proceedlllgs shall be conducted, preserved, lLnd pu\'hshed In no other tlntll the En­ghsh languag".

S.c. 25. The Legislatllle shall not pass lucal or speCIal laws III any of the followmg enumer­nte(l cnses, that 19 to say

Plr..t-Regulatmg tlie JUJls(llCtIon and dutIeS of Justices of the Peace, PolIce Judges, and ofCOllstahles.

Sceolld-Fnr the pUlllshment of Crimes and llusdetneanors.Tklrd-Regulatlllg the plaellee of Cuurts of Justice.Fuu,lh-ProYldlUg for changlUg the venue III CIVil or el'lmulal actIOns.Filth-Granting' dIvor('es.Sl~ th~ClJangJ Ilg the nUll1es of persons or placesSCl'cilth-Authot"lzmg thf" laYing out, opeulIlg. alterIng. maintamlng, or vacating roads, blgh­

ways. streets, n.lleJs, tu\Vll plats, pmks, cemetenes. gta.veyn.rtls, or PUUllC grounds not owned bythe Stale.

Elgldlt-SUllllllonlllg anrl 1I11panellllg granrl and l',t,t Junes, and IJrUVldIDg for the,. com­pensation .

.Nllllh-RegulatllIg county and township busllless, ,)J the electIOll of county and townshipOffiCel:3.

Telllit-For tho assesslnent or collectIOn of taxes,Ett:l..'£llth-Pruvlulllg for ~onductlllg electhJllS, or designatIng the places of votmg, except on

the 1)lg[l.,llIzatwu of ne\',r 11ll1ntlesTw"ljih-Allectlllg estates of deceased persons, mlllors, or other persons under legal diS-

abilities. .Th1rtccnth-Extenumg the tune for the collectIOn of taxes.Fou,'tcenth~GlvlIlg'ettect to lllVn.lltl heeds, 'VIlis, or other Instruments.Ftfteenth-Refulldlng mone)" JXUcllllto the- Statt'" treasury.SI;dfCJlth-RE'len~lllg or extmgmshmg, 1Il wholp. Ol' m part, tl1e mdebterlne~~. liabIlity, or

obll!;.ltlOll of any ClJrpOl:1{101l or }J~rSllll to thiS State. or to any munICipal corporatIOn therelD.Scvel1tcenth~D~clullllbany persoll'of ag(", ur ELuLhorlzmg any nUUOI to sell. least', or Illcum­

ber LIS 01 her )lrop~1 ty.ElyAleenlh-Legalizmg, except as agamst the State, the u,,"utbollzed or mvalid ael of any

offieelNlncleent1l.-Gl3utl1lg to any corporatIOIl •. aSSOCiatIOn, or IndiVidual any speCIal or exclUSIve

rIght, }IIIYJlcge.or IIIUllUnIty.Twentieth-Exempting projJerty from taxatIOn.TwcntlJ:.nr~t-ChungIlJgcounty sents,Twcnty-.')ccolld-Restullug to cILlzellslup !'f'rSllnS convicted of Inf:tDlouS crImes.TwclIt!/-Uunl-Regulatlllg the late of Interest 011 1l1Ouey.TU'CIl!y:foarth-Authorlzlng lut:' creatllln, extenSion, OJ Ilnp:lITlng of hens.TW(lltJj-fijth--C'hnrtc'rlllg (II IJCensmg ferries, bridges. or loads.TWC1t(lj':sl.tth-Renllttmg fines, penalties, or forfelLUles.TwclltY-.'!('llcnth-Pl'OYlrlmg f01 tbe management of common school,;;.Twenty-eighth-Cleatmg offices, or fJlescnblIlg the puwers and dutIes of officers In countIeS,.

CIties, clt.les and counties, tuwnshlps, electlon or school UISLllctS.

xxviii CONSTITUTION OF CALIFORNIA.

Twcnfy-nznth-Affectmg the feC',;; or salary of any (,ffict:l'.Tlurhl'l/l-C'hangmg the law nl' lie-scent 11r succession.Thn·t!/-:.fii'~t-Auth,)rlzlnglhe adoptIoll or legllllllfltl"11 of chIldren.Thtrt'/-,':;ccond-F()r lmlltatlull ot CIVIl 01 crllllilud Ut..LlOns.Th~rl!/-th'1d-In all uther Cn.S~8 wbpl't:' n gener.d law ('an be made nppIH'a.1Jle.S1'..c. 26. The LB!;lslatl.ut3 shall have 1\1, {lowel to n.UUIOIIZ(~ !I)Uellf'S or gill enterprIses for

auy plllpOSt-', nnd. ~h,lll pn~;; l:1w~ to plnhlhlt thp. sale m thIS S~(tle- or l,jtt,~ry 411 gill t:'llt~IJlrISe

tIckets, or ticket" In any scheme III the n,lture of a. loUe1y. The LI:'~lslcllllrl;' chall pass laws toregulate 01' PJt)hl!>lt. the bUYlllg flnd sel1J1lg of the share,,: of Lhe capItal stock nf ('I')ll'nr<ltlons Jll

any !:>tock lJo~l.ld, "bxk e,,(·h~l1lget rlI' stuck market 11Jlfler thfl C'lIntrol of any Ussnclutlon. Allc()nlJ:lct~ fLH the "lale of shares tlf the cflplt..'ll r::tOCh of ;lily CI)J'P llatlon 01' U"lSl>ClfttIOU. 011 ll1fllgm01' to 1)(-' delivE'led. at Or future day. (l,hall ue VOid. flnd all) mOlley paid ('Ill queh eontlUets lIlay ber13rovt'led by the party pu.Ylll~ It by SUIt 111 any Court ur clllllfldent .IUllSdlctIOll.

SFC ~7, \Vh~n n, congIE'~SI(IJHll dlstlld fihall bp cnmpfl'Jt'cl of l WfJ Ilr Ilwre ('OUlltWS, It shallllnt be sepalated by any connty uelt)nglng to nnnthel (bStllct Nt) county. 01 CIty and county,shall he dlvlti~d III 1~llmlllg fi C\)lIglf'~SI()Iln,1 dlstllc~t"l1 ft'3 tu ,lUnch nil!" Pfl1tlllll LIt' a COUllt), 01'

cIty fillll COllnty. to another Ct)llHty. or cIty awl. county, e\:cept III c,lc,es ,,,,TLele tln(' clIunty. 01Cit)' ~llld c-nullty, Lus more I'0PUlatlL'l1 than the HIJIO lerpllleu fill' (Jne 01 mOil; CUlIgre"i'3IIl~Il, butthe Leglslatule may diVide any cuunt)'. or city Ltn(l Clluntr, 1lit.O as lIlany congl'e3SlOl1nl dl"itl'lCtsl\S It In,l)' 1J e f'l1btle,l to by law. All)' count.y. (11' city allil Clllluty. cqnt::lIlll1lg n.. pllPulntlLlngreatt'l' than the llum})('>'l rcrllillell 1'UI ouC' cOllg!e'3.,IIlJ1:l1 tllSlJlct, 'Jhall be fOl'lned mtf) nne ornlflre cnngre~,)I()nnl dlstrJCts. ntx'oldll1~ tu the pn!,ul..ttl(lll lbereuf, a.nd ally I'esullle, uttel' fOl Illlllg8ueh dl:3tlld or dl"tJ ld~, sL,dl he a..ttl1elJed Ly cOJllpat'L ndy)II1Ing 3"lst::llll.Jy dl.,h letS. to a Cl.llltlg­UMIS clJunty or countIes, and fr/rm [L congressIonal JIstrld In diVIding [l, county, or city antICOUllty. lUto Cl...lIlglt:sbllJnul districts. Till flssen"l!tly tllstl'lct shall be dlVH{ed so c.\S tu fflIlIl a. pal't llfnlOl'e than ,me CI)ngIe5Sltlnnl JI<l.tl tct. and every such C\lnglesSIIJUal dl<::.tllet shall be composed rltCUln!J<,,,t CtlutlgUtlU, u':;9€'mIJly distrIcts

SEC. 28. In all ell:"ctlOns 11Y the Legislature the Inemoeis theleof shall vote V1.l.la t'OCC, andthe vntei shnJl1le ent~letl Oll thf" ,JI)llrnal

~rC. 2tl. The general applnprliltwn bill shall ('ontnm Ill) Itenl 01' Jll"ms of npprllpnntlOl1 IJtherthan sHch a~ file lerp1l1ell to pay the s.1.larlt's of the State othC~lS, tIL€' e""{p€'lle.e~ CIt' the gfJvel'u­Inent. and of the lIl::,tlt.utIOllS un(lel the exclusive crlntrol and lIl,ltHlg't'Jllellt 1)( the State.

Stu. 30. NC'lthE-1 the Lp.glsla.t11le, nor any C(lUllty, cIty and ('t)un(y, tr,wnshlp, fichool IlJstrlct,or ot.her lllunicival corpcllatlOu, shall {'vet· make an apl'l'0l'llatlOn. 01' pay tl\)!H allY publIC fUlld,,,·hnte\el, (Ir grallt anythl1lg tLl vi III alJ of any lellg:lollS sect. churrh. crf'~'l, III sectallan pUl­]111Se, or help to ~UPPt)lt or SUSt:UIl any s<:h(,ol, enllege, IllllverslLy. Ilor,plLnl, 01 \lther Ill'3t.ltlltlOn(;ontrolled by filly JE'llgltiuS ('rppa, C'hHlch, or seetal'lan oeJlO11l1ll:JtIO!l whatl;""\'f'r. nor sba.ll allYgrant 01 dllnatlOll of personal propelLy 01 l'f'al t:"::.tate ever btJ made hy the I)tate. 01' ~l.ny eILY, clt.yfLnd. COUllt) , tlJ" 11, Ilr othrr III UlllC'1Jlal c01}loratltJ1l for any lell~1llH5 crepd, ehuTl'h, 01 .,el'tarlnnpurpose whatever, p10Vldcd. that Jwthmg In thlS section shall prevent the LegIslature glantmg::wi pursuant to sectwll t.weuty-twI) (It thiS alt.Icle.

::).EC 31. The Leglslatuff' ~hall hn,ve nn power LI) give 01 to lend, or to uut.honze the glYlng'01 lelldlllg, of the t:1'l'd.lt t.Jf the ctate. 01 of allY cnunty, City and county. City, townr;ll1p. OJ otherpohtJCal eorporJtIon or slIbd,YIOIOIJ of the i"ilate now e'Clstmg. or that may be hel eafter eslau­11shed. JIl {ud of or til any pel 'ion, a..,.,Ot'I,lLIOll, til' cOl'}ltJlatlflll, whethel mlllll<':lpal 01 Cltht~l'Wlse.

{)f to pledge the cledlt thereof, In any mnllnel' wh<ltever, fOI the pnylllenL 01 t,he Jlnhilities ofUllY llld IVh..l lln I. nSSllCI,ltlon. nUllllclpa.1 I)r other ('mpllratlnn wh.lte\'er; WII .,haJllt h~l.Ve powertv make any ~IJt, 0r autu/)Ilze the III aklllgof fll1)o gift. of allY publw IlIl1ney 01 th11lg 01 vulue touuy lI11llVldlml. mmlleqlUl 01 otileJ COl pOl atwn \\ hate vel • prtlL'u!cd, th,Lt lIothmg III till" "l~ctll)n

sh.dl prevent the Lt:'glslatuI€ gl:1lltlllg ftH.l IJlll'ntftllt to S('ctll)!l tWI'>'lhy-two nf tlll~ artIcle, andIt '1hnll nCIt. havf' l'0wel to authorIzF> the State. or any politIcal subdlYlSlOn thelcol~ to 'iub"cnuefUJ ~t(lck. (II to 1Jt:'~II111e a stoekholllcr nl. [Lily COl Pfll'J.tlOll whatt'Yt'r

S~G 32 Tho LegJl;;]nture shall have llO p/)wer to gla.nt.. 01 authurlze a.ny counly 01 municipaluuthorlty to gl[tut. Dny e"Ctla. compensatIon lIl' ullownnee to any puhllC officf'r, agf'llt, "en ant,or contractor. altel sen ICe has 1)('('11 rendelf'd, or:1, cllntr.td has b('l~n entpl'ed IIlto :11111 pel fill I11('d,In whole OJ III palt, lIor to pay, or to authollze the payment uf, allY cl:uJll heleafleI cleated.agumst the State, or any cnunty or IJllllllc>I}Mllh u1 the 8ta.te, Ullrlt"'l" allY agrcl',nent VI cnntr.Lctmade Without e'Xpre<::.s ullthuIlt)' of L1W, and all such unauthollzed aglt't'll1ents vr contI actsshall be !lull all'! VOlt!.

SfC 33. 'rhe LegIslature sball pnss lnw~ fOI the legull1tlOn aIHI 11I11Iblioil of the chnrges forsel Vices pel tnl'1JlPd .uld ctlmllll)(lItH~S ftil nIshf'd by telegl:'ll'h and. goa" COl pnlatlnn'i, and thecbulge') II)' corpuratlOJls or mdlvldu,ll') fOI storage alld -..d.l.Ll f,lge. In wlllell Lben,,' IS a fiublH> lIse;alIll "here laws .,hall pruvlt1l:~ fill the selrctlou rlf any pel'301l 01 officer to ]e~uL.1tE' and lInlltsuch rates, nu such person rlf offiC'er .;;h:111 he selected In' all}' cnrpclIfltHHl or Jlldn·lduul lntt'lestl'{1

III the hU"JIlf'8S to be It=>glliated, awl no pelS()ll ,;l1all b'e selecteu who l~ all officel 01 stockholder111 UIl,}' such elll pOlatwll.

SJlc. 34. No l>lll nlftkmg an apploprlfltlOJl flf Inrll1ey. eX('I~pt the general appIopnatlOll IJlll,shall contalll more than line IteJI1 of n.pplUl'llatlOn, a,nd tLa..t for nne Single and eel laill purposetlO be the,elll e'pressen.

S.c 35. All)" person who seeks to mfluence the Yote of a memher of the LeglSlnture bybllbeJy. plomls'!' 01 reward. lI.~tllllldn.tlOn,III any other dl<::.hnnp"t JIlt"an"), shall be guJity ot ]pb­bpng. whlI'h IS heleby deela) ed a felolI)". and It ~hall be the ,iuty ot the Lel,;lslnture to jlloY](le,by law, fOI the pUlllshment of thIS crime. AllY member of the Leglslatule who shall h~ Illtlu-

CONSTITUTION 0lJ' CALIFORNIA. XXIX

enced in his vote or action upon any matter pending before the Legislature by any reward, orpromise of future reward, shall be deemed guilty of a felony, and, upon conviction thereof, inaddition to such punishment as may be provided by law, shall be disfranchised and foreverdisqualified from holding any office or public trust. Any person may be compelled to testifyin any lawful investigation or judicial proceeding against any person who may be charged withhaving comnutted the offense of bribery or corrupt solicitation, or with havmg been influencedin his vote 01' actIOn, as a member of t,he Legislature J by reward J or promise of future reward,and shall not be permitted to withhold his testimony upon the ground that it may criminat"himself or subject him to pubhc infamy; but such testunony shall not afterwards be usedagainst him in any judicial proceeding, except for perjury in gIving such testimony.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SECTION 1. 'rhe supreme executive power of this State shall be vested in a Chief Magistrate,who shall be styled the Governor of the State of California. ,

SEC. 2. The Guvernor shall be elected by the qualified electors at the time and places ofvoting for members of the Assembly, and shall hold his office four years from and after thefirst Monday a,fter the first day of January subsequent to his election, and nntil his successor iselecte,l and qualified.

SEC. 3. No person shall be eligible to the office of Governor who has not been a citizen ofthe United States and a resident of this State five years next preceding his elecLiollJ and attainedthe age of twenty-five years at the time of such election.

SkC. 4. The returns of every election for Governor shall be ""aled up and transmitted to theseat of government, directed to the Speaker of the Assembly, who shall, during the first weekof the session, open and pubhsh them in the pre""nce of both Houses of the Legislature. Theperson haVIng the highest number of votes shall be Governor; but, in case any two or morehave an equal and the highest number of votes, the Legislature shall, by joint vote of bothHouses, choose one of such persons so having an equal and the highest number of votes forGovernor.

SEC. 5. The Governor shall be Commander-in-Chief of the militia, the army and navy ofthis State.

SEC. 6. He shall transact all executive business with the officers of government, civil andmilitary, and may require lnformatiDn, in writing, from the officers of the executive depart­ment, upon any subjoct relating to the duties of their respective offices.

SEC. 7. He shall see that the laws are faithfully executed.SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by

the Constitution and law for filling such vacancy, the Governor shall l,ave power to fill suchvacancy hy granting a commission, which shall expire at the end of the next session of th"Legislature, or at the next election by the people.

SEC. 9. He may, on extraordiuary occasions, couvene the Legislature by proclamation, stat­ing the purposes for which he has convened it, and when so convened it shall have no powerto legislate on any subjects other th",n those specified in the proclamation, but may provide forthe expenses of the session and other matters incidental thereto.

SEC. JO. He shall communicate by message to the Legislature, at every session, the conditionof the State, and recommend such matters as he shall deem expedient.

SEC. 11. In case of a disagreement between the two Houses with respect to the time ofadjournment, the Governor shall have power to adjourn the Legislature to such time as he maythink pro!,er; prOVIded, it be not beyond the time fixed for the meeting of the next Legisla­ture.

SEC. 12. :No person shall, while holding any office under the United States or this State,exercise the office of Governor except as hereinafter expressly provided.

Sm. 13. Th~re shall be a seal of this State, which shall he kept by the Governor, and usedby lum officially, and shall be called "The Great Seal of the State of California."

SEC. 14. All grants and commissions shall he in the name and by the anthority of the Peo­ple of the State of California, sealed with the great seal of the State, signed by the Governor,and countersigned by the Secretary of State.

SEC. 15. A Lientenant-Governor shall be elected at the same time and places, and in thesame manner as the Governor; and his term of office and his qualifications of eligibility shallalso be the same. He shall be PreSIdent of the Senate, hut shall have only a castini{ vat<>therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall beimpeached, displaced, resign, die, or become incapable of performing the dubes of his office, orbe absent from the State, the President pro tempore of the Senate shall act as Governor untlithe vacancy be filled or the disability shall cease. The LIeutenant-Governor shall be disquali­fied from holding any other office, excopt as 8pecially provided in this ConstitutlOn, during theterm for which he shall have been elected.

SEC. 16. In case of the impeachment of the Governor, or his removal from office, death,inability to discharge the powers and duties of the said office, resignation, or absence from theState, the powers and duties of the office shall devolve upon the Lieutenant-Governor for theresidue of the term, or until the disability shall cease. But when the Governor shall, with thl>consent of the Legislature, be out of the State in time of war, at the head of any militaryforce thereof, he shall continue Commander-in-Chief of all the mliitary force of the State.

xxx CONSTITUTION OF CALIFORNIA.

SEC. 17. A Secretary of State, a Controller, a Treasurer, a,n Attorney·General, and a Sur­veyor-General shall be elected at the same time and places, and in the same manner as theGovernor and Lieutenant-Governor, and their terms of office shall be the same as that of theGovernQr.

SEC. 18. The Secretary of State shall keep a correct record of the official acts of the legisla­tive and executive departments of the government, and shall, when required, l"y the same, andall matters relative thereto, beforo either bmnch of the LegiSlature, and shall perform suchother duties as may be assigned him by law.

SEG. 19. The Governor, Lieutenant-GovernorJ SeBretary of State, Controller, Treasurer,Attorney-General, a11<1 Surveyor-General sh<1ll, <1t stated times during their continua,nce inoffice, receive for their services a compensation which shall not be in.creased or diminished dur­ing the term for which they sh<1l1 have been elected, which compensatIOn IS hereby ihed forthe following officers for the two terms next ensuing the adoption of this Constitution, as fol­lows: Governor, six thousand dollars per annUU1; Lieutenant~Governor, the same per diem asmay be provided by Jaw for the Speaker of the Assembly, to be allowed only during the sessionof the Legislature; the Secretary of State, Controller, Treasurer, Attorney-General, aILd Sur­veyor-General, three thousand dollars each per annum, such compensation to be in full for allservices by them respectively rendered in any official capacity or employment wha,tsoev,," dur­ing their l'espeetive terms of office; provided, however, that the Legislature, after the expirationof the terms hereinbefore mentioned, may, by law, diminish ;,he compensation of any or all ofsuch officers, but in no case shall have the power to Ulcrease the same above the sums herebyfixed by this Constitution. No salary shall he authorized by law for clerical service, in anyoffice provided for in this article, exceeding sixteen hundred dolla.n; per annum for each clerkemployed, The Legislature may, in its discretion, abolish the office of Slll'veyor-General; andnone of the officers hereinbefore named shall receive for their own use any fees or perquisitesfor the performance of any official duty.

SEC. 20. The Governor shall uot, during his term of office, be elected a Senator to the Senateof the United States.

ARTICLE VI.

JUDIOIAL DEPARTMENT,

SECTION 1. The Judicial power of the State shall be vested in the Senate sitting as a Court ofImpeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such inferiorConrts,as the Legislatnre may establish in any incorporated city or town, or city nml county.

SEC. 2. The Supreme Court shitll consist of a Chief Justice and six Associate JustiCES. TheCourt may sit in departments and in bnnk, and shall always be open for the transaction of bnsi­ness. There shall be two departments, dcnominated, rcspectively, Dcpartment One and Depart­Illent Two. The Chief Jnstice shall assign three of the Associate Justices to each dep"rtment,and such assignment may be changed by lllm from time to time. ~'he Associate Jnstices shallbe competent to sit in either depal·tment, and mny interchange with each other by agreementamong themselves or as ordered by the Chief JustIce. Each of the depa,rtments shall have thepower to hear and determine causes and all questions arising therein, subject to the provisionshereinafter contained in relation to the Court in bank. The presence of three Justices ,hall benecessary to transact any business in either of the departments, except such as may be done atChambers, and the concurrence of three Justices shall be necessary to pronounce a judgment.The Chief Justice shall apportion the business to the departments, and may, in his di3Cretion,order any cause pending before the Court to be heard and decided by the Court in bank. Theorder may be made before or after judgment pronounced by <1 department; but where a causehas been allotted to one of the departments, and ajudgment pronounced thereon, the order mustbe made WIthin thirty days after such judgment, and concurred in by two Associate Justices,and if so made it shall have the effect to vacate and set aside the Judgment. Any four Justicesmay, either before or after judgment by a department, order a case to he heard in hank. Ifthe order be not made within the time above limited the judgment shall be final. No judg­ment by a department shall become final until the expiration of the peri 011 of thirty days afore­said, unless approved by the Chief Justice, in writing, with the concurrence of two AssociateJustices. The Chief Justice may convene the Court in bank at auy timc, and shall be the pre­siding .Tustice of the Court when so convened. The concurrence of fOUl" ,TustICes prcsent at theargument shall be necessary to pronounce a judgment ill bank; but. if' four Justices, so present,do not concur in a judgment, then all, the J usticcs qualified to sit in the cause shall hear theargument; but to render a jndgment a concurrence of four JUdges shall be necessary. Inthe determination of causes, all decisions of the Court in bank or in departments shall begiven in writing, and the grounds of the decision shall be state<l. Tho Chief Justice may sit illeither department, and shall preside when so sitting, but the .Tustices assigned to each depart­ment shall select one of their number as presiding Justice. In case of the absence of the ChiefJustice from the place at which the Court is held, or his inability to act., i,he Associate Justicesshall select one of tlieir own number to perform the duties and exercise the powers of the ChiefJustice during such absence or inability to act.

SEC, 3. The Chief Justice and the Associate Justices shall be elected by the qualifie,! eleetorsof the Sta,te at large at the general State elections, at, the times and places at which State officersare elected; and the term of office shall be twelve years, from and after l,he first Monda,y afterthe first day of January next succeeding their election j prom"ded, that the six Associate Justiceselected at the first election shall, at their first meeting, so classify themselves, by lot, that two of

CONSTITUTION OF CALIFORNIA. xxxi

them shall go out of office at the eud of four years, two of them at the end of eight years, andtwo of them at the end of twelve years, and au entry of such classification shall be made in theminutes of the Court in bank, signed by them, and ad uplicate thereof shall be filed in the officeof the Secretary of State. If a vacancy occnr in the office of a Justice, the Governor shall appointa person to hold the office nntil the election and qualificatklll of a Justice to fill tbe vacancy,wbich election shall take place at the next succeeding general election, and the Justice so electedshall hold the office for the remainder of the unexpired term. The first election of the Justicesshall be at the first general election after the adoption and ratification of this Constitution.

Sw. 4. The Supreme Court shall have appellate jurisdictiou in all cases in eqnity, exceptsuch as arise in Justices' Courts; also) in all cases at law which involve t.he title or possession ofreal estate, or the legality of a.ny tax, impost, asseSSluent, toll, or lnunicipal fine, or in whlCh thedemand, exclusive of interest, or the value of the property in controversy, amounts to threehundred dollars; also, in cases of forcible entry and detainer] and in proceedmgs in Insolvency,and in actions to prevent or abate a nuisance, and in all such pl'obate luatters as may be pro~

vided by law; also, in all criminal cases prosecuted by indictment, or information in a Court of .,record Oll questions of law alone. The Court shall also have power to issue writs ofnlandamus,

certiorari, prohibItion, and habeas corpus, and at! other wrlts necessarJ or proper to the completeexercise of Its appellate jurisdICtion. Each of the Justices shall have power to issue wrrts ofhabeas corpus to any part of the State, upon petrtion by or on behalf of any person held in actual'Custody, and may make such writs returnable before bimself, or the Supreme Court, or beforeany Superior Court in the State, or before any Judge thereof.

SEC. 5. The Superior Court shaIl have original jurisdictiou in all cases in equity, and in allcases at law which involve the title or possession of real property, or the legality of any tax,impost, assessment, toll, or muniCIpal fine, and in all other cases in which the demand, exclu­sive of interest, or the value of the property in controversy, amounts to three hundred dollars,and in all crbninal cases anlounting to felony, and cases of misdemeanor not otherwise prOVidedfor; of actIOns of forcible entry and detainer; of proceedings In insolvency; of actIOns to pre­vent or abate a nuisance; of all matters of probate; of divorce and for a,nnulment of nJarriage,and af all such special cases and proceedings as are not. ot.herwise provided for. And said Courtshall have the power of naturalization, and to issue papers therefor. They shall have appellatejurisdiction in such cases arising in Justices' and other inferior Courts in their respective coun­ties as may be presenbed by law. They shall be always open (legal holidays and non-judicialdays excepted), and their process shall exteud to all parts of the State; provided, that all actionsfor the recovery of the possession of, quieting the title to, 01' for the euforcement of liens uponreal estate, shall be commenced in the county in which the real estate, ar any' part thereofaffected by such action or actions, is situated. Said Courts, and their Judges, shall have powerto issue writs of mftndamus, certiorari, prohibition, quo warranto, and habeas corpus, on petitionby or on behalf of any person in actual custody in their respective counties. Injunctions andwrits of prohibItion may be issued and served au legal holidays and uon-judicial days.

SEC. 6. There shall be in each of the organized counties, or cities and couuties of the State, aSuperior Court, for each of which at least one Judge shall be elected by the qualified electors ofthe county, or city and county, at the general State election; proVtded, that until otherwiseordered by the Legislature, only one Judge shall be elected for the Counties of Yuba and Sut­ter, and thaL in the City and County of San Francisco there shan be elected twelve Judges ofthe Superior Court, anyone or more of whom may bold Court. There may be as many sessions{)f said Court. at the same time, as there are Judges thereof. The said Judges shall choose fromtheir own number a presiding Judge, who may be removed at their pleasure. He shal! dis­tribute tl,e business of the Oourt among the Judges thereof, and prescribe the order of busme,s.The judgments, orders, and proceediugs of any session of the Superior Court, held by anyoneor more of the Judges of said Courts, respectively, shall be equally effectua.! as if all theJudges of said respective Courts presided at such session. In each of the Counties of Sacra­mento, San Joaqum, Los Angeles, Sonoma, Santa Clara, and Alameda, there shall be electedtwo such Judges. The term of office of Judges of the Snperior Courts shall be six years fromaud after the first Monday of January next succeeding theIr election; provided, that the twelveJudges of the Superior Court, elected in the City and Connty of San Francisco at the first elec­tion held under this Constitution, shall at their first meeting, so classify themselves, by lot, thatfour of them shall go ant of office at the end of two years, and four of them shall go out of.office at the enll of four years, and four of them shall go out of office at the end of six years,aud an entry of such classification shall be made in the minutes of the Court, signed by them,and a duplicate thereof filed in the office of the Secretary of State. The first 'electIOn of Judgesof the Superior Courts shall take place at the first general election held after the adoption andratification of this Constitution. If a vacancy occur in the office of Judge of a Superior Court,the Governor shall appoint a person to hold the office until the election and qualification of aJudge to fill the vacancy, whIch electlOn shall take place at the next succeeding general elee­tion, and the Judge so ele.cted shall hold office for the remainder of the unexpired term.

S.c. 7. In any cQunty, or city and county, other thau the City and Oounty of San Fran­cisco, in which there shall be more than one Judge of the Superior Court, the Judges of suchCourt may hold as many sessions of said Court at the same time as there are Judges thereof,and shall apportion tire business among themselves as equally as may be.

SEC. 8. A Judge of any Superior Oourt may hold a Superior Court in any county, at therequest of a Judge of the Superior Court thereof, and upon the request of the Governor it shallbe his duty so to do. But a cause in a Superior Court may be tried by a 'Judge pro tempore,

XXXll CONSTITUTION OF CALIFORNIA.

who must be a member of the bar, agreed upon in writing by the parties 1itigant or their attor­neys o(record, approved by the COUlt, and sworn to try the cause.

SEC. 9. The Legislature shall have no power to grant leave of absence to any judicial officer;and any such officer who shall absent himself from the State for more than sixty consc,cutivedays sball be deemed to have forfeited his office. 'l'he Legislature at the State may at anytime, two thirds of the members of the Senate and two thirds of the members of the As"emblyvoting therefor, increase or dimInish the nunlber of Judges oftbo SuperiOl' Court in any countYtor city and connty in the State; provided, that no such reduction shan a,ft"ct any Judge "ho hasbeen eleeted. .

Sm. 10. Justices of the Supreme Court, and Judges of the Superior Courts, may be removedby concurrent resolution of both Houses of the Legislature, adopted by a two thirds vote ofeach House. All other judICial ollkers, except J ustiees of the Peace, may be removed by theSenate on the recommendation of the Governor, but no removal shall be made by virtue of thissection, unless the cause thereof be entered on the Journal, nor unless the party complained ofhas been served with a copy of the complaint against him, and shall have had an opportunityof being heard in his defense. On the question of removal, the ayes and noes shall he enteredon the Journal.

SEC. 11. 'l'he Legislature shall determme the number of Justices of the Peace to be electedin townships, incorporated cities and towns, or cities and counties, and shall fix by law thepowers, duties, and responsibilities of Justiees of the Peace; provided, such powers shall not inany case trench upon thejurisdictlOll of the several Courts of record, f'xcept:. that said .Tusticesshall have concurrent jurisdiction WIth the Superior Courts in cases of forcible entry anddetainer, where the rental value does not exceed twenty-five dollaTs per month, and where thewhole amount of damages ctaimed does not exceed two huudred dollars, and in cases to enforceand foreclose liens on p'ersonal property when neIther the amount of the liens nor the value ofthe property amounts to three hundred dollars.

SEC. 12. The Supreme Court, the Superior Courts, and such other Courts as the Legislatureshall prescribe, shall be Courts of record.

S.:c. 13. The Legislature shall fix by law the jurisdiction of any inferior Courts which maybe established in pursuance of section oue of this artiGle, and shall fix by law the powers,duties, and responSlbilities of the .rndges thereof.

SEC. 14. The Legislatme shall provide for the election of a Clerk of the Supreme Court, andshaH fix 1)y law his duties and compensation, which compensation shall not be incNased ordiminished during the term for which he shall have been elected. The County Clerks shall beex officio Clerks of the CourtH of record in and for their respeet.jYe countIes, or ci :iieB andeounties. The Legislature may "Iso provide for the "ppointment, by the severai 8uperiorCourts) of one or more Comlnissioners in their respective counties) or cities and counties., withauthority to perform Chamber business of the JUdges of the Superior Courts, to takE> deposi­tions, and perform such other husiness connected WIth the administration of justice as may beprescribed by law.

SEC. 15. .No judicial officer, except Justices of the Peace and Court Commissione's, shallreceive to his own use any fees or perquisites of officE'. .

SEC. 16. The Legislature shall provide for the speedy publication of such opinions of theSupreme Court as it may deem expedient, and all opinions shall be fre', for publication by anyperson.

SEC. J7. The Justices of the Supreme Court and Judges of the Superior Court shall s,werally,at stated times during their contInuance in office, receive for their services a compensationwhich shall not be increased or diminished after their election, nor during the term for whichthey shall have been electcd. The salaries of the .Justices of the Supr,'me Court shall be paidby 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 be is elected. During th" term ofthe first Judges elected uuder this Constitution, the annual salaries of the Justices of theSupreme Court shall be six thouSllnd dollars eaeh. Until otherwise changed by the Legislature,the Superior Court Judges shall receive an annual salary of three thousand dollars eHch, pay­abie monthly, except the JUdges of the City "nd County of San Francisco, and the Counties ofAlameda, San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter eombined, Sacramento,Bntte, Nevada, and Sonoma, which shall receive four thousantl dollars eaeh. -

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 theterm for which they shall have been elected.

SEC. 19. Judges shall not charge jnries with respect to matters of fact, but may state the tes­timony and declare the law.

SEC. 20. The styIe of all process shall be," The People of the State of California," and allprosecutions sball be conducted in their name and bv their authority.

BF.c. 21. The Justices shall appoint a Reporter of the decisions of the Supreme Court, whoshall hold his office and be removable at their pleasure. He shall receive an annual fialary notto exceed twenty-five hundred dollars, payable monthly.

SEC. 22. No Judge of a Court of record shall j,ractice law in any Court of this Sta,te duringhis continuance in office.

SEC. 23. No one shall be eligible to the office of Justice of the Supreme Court, or to the officeof Judge of a Superior Court, unless he shall have been admitted to practice before the· SupremeCourt of the State•.

CONSTITUTION OF CALIFORNIA. XXXlll

SEC. 24. No Judge of a Superior Court nor of the Supreme Court shall, after the first day ofJuly, one thousand eight hundred and eighty, be allowed to draw or receive any monthly sal­ary unless he shall take and subseribe 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 periodof ninety days. <

ARTICLE VII.

PARDONING POWER.

SECTION 1. The Governor shall have the power to grant reprieves, pardons, and eommuta­tions of sentence, after convICtion, for 'all offenses Bxcept treason and cases of impeRchlnent,upon such condItions, and \yith such restrictions and limitations, as he may think proper, sLlb­jeet to such regulati~ns. as may be provided by law relati I'C to the manner of applying forpardons. Upon convICtIOn for treason, the Governor shall have power to snspend the exeeutionof the sentence until the case shall be reported to the Legislature at its next meeting, when theLegiSlature shall either pardon, direct the e,xecution of the sentence, or grant a further reprieve.The Governor shall commUl1lcate to the Legislature, at the beginning of every session, everycase of reprieve or pardon granted, stating the name of the convict, the crime of which he waseonvicted, the sentence, Us date, the date of the pardon or reprieve, and the reasons for grant­ing the same. Neither the Governor nor the Legislature slfall have power to grant pardons, orcomm.utations of sentence, in any case where the convict haB been twice convicted Df felony,unless upon the written recommendation of a majority of the ;Judges of the Supreme Court.

ARTICLE VIII.

MILITIA.

SECTION 1. The Legislat.ur~s!iall provide, by law, for organizing and disciplining the militia, 'in such manner as it may deem expedient, not incompat.ible wit.h the Constitution and laws ofthe United St.ates. Officers of the militia shall he elected or appointed in such manner as theLegisl!1ture sh!1ll from time to time direct, and shall be commissioned by the Governor. TheGovernor shall have power to call forth the militia to execute the laws of the State, to suppressinsurrections, and repel invasions. .

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 nodevice, banner, or flag ot: any State or nation, except that of the United States or the State ofCalifornia.

ARTICLE IX.

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 aIr suitablemeans the promotion of intellectual, scientifie, moral, and agricultural improvement.

SEC. 2. A Superintendent of Public Instruction shall,at each giIbernatorial election after theadoption of this Constitution, be elected by the qualified electors of the State. He shall reccivea salary equiLI to that of the Secretary of State, and shall enter upon the duties of his office onthe first Monday after the first day of January next succeeding his election.

SEC. 3. A Superintendent of Schools for each county shall be eleeted by the qualified elect­ors thereof at each gubernatorial election; pl-ovided, that the Legislatnre may authorize two ormore couuties to unite and elect one Superintendent for the eounties so uniting.

SEC. 4. The proceeds of all lands that have been or may be granted by the United States tothis State for the support of common schools which may be, or may have been, sold or disposedof, and the five hundred thousand acres of land granted to the new States under an Act ofCongress distributing the proceeds of the public lands among the several States of the Union,appl'oved A. D. one thousand eight hundred and forty-one, and all estates of deceased personswho may have died without leaving a will or heir, and also such pe" cent. as may be granted,or may have heen granted, by Congress on the sale of lands in thIS State, shall be and remaina perpetual fund, the interest of which, together with all the rents of the unsold lands, andsuch other means as the Legislature may provide, shall be inviolably appropriated to the sup-port of common schools throughout t.he State. .

S"c. 5. The Legislature shall provide for a system of common schools by which a free schoolshall be kel't up and supported in each district at least six months in every year, after the firstyear in whlch a school has been established.

SEC. 6. The public school system shall include primary and grammar sehools, and such highschools, evening schools, normal schools, and technical schools as lnay be established by theLegislature, or by municipal or distriet authority; but the entire revenue derived from the StateSchOOl Fund, and the State school tax, shall be applied exclusively to the support of primaryand grammar schools.

SEC. 7. The local Boards of Education, and the Boards of Supervisors, and County Superin­tendeuts of the several counties which may not have County Boards of Edueation, shall adopt

5*

XXXIV CONSTITUTION OF CALIFORNIA.

a series of text-books for the Use of the common schools within their re3pective jurisdbtions;the text-books so adopted shall coatinue in use for uot less than fOUl' years; they shaJI als~

have control of the examination of teacher' and the granting of teachers' certificates withintheir several jurisdictions.

SEC. 8. No publie money shall ever be appropriated for the support of any secta-'ian ordenominational school, or any school not under the exelusive control of thn officers of the pub­lic schools; nor shall a.ny sectarian or denmninatioDal doctrine be taught, 01" instruction thereonbe permitted, directly Or indirectly, in any of the common schools of thill State.

SEC. 9. '1'he University of California shall constitute a public trust, and its organization andgovernment shall be perpetually continued 1U the form and character prescribed by the ~rgani"

Act creating the same, passed March twenty-third, eighteen hundred and Sixty-eight (llnd theseveral Acts amenda.tory thereof), subject only to such legislative COlltrol as may b" neces­sary to insure compliance with tIle terms of its endOWlnent~, 3,nd the proper investml~nt andsecurity of its funds. It shall be entirely independent of all political or sectarian inffuence,and kept free thel'efrom in the appointment of its Regents, and in th" admilllstration of it»affairs; provided, that all the moneys derived from the sale of the public lands donated to thisState by Act of Congress, approved July second, eighteen hundred aud sixty-two (and 'ohe sev­eral Acts amendatory thereof), sha1l be invested as provided by said Acts of Congress, md theinterest of said moneys shall be inviolably appropriated to the endowment" support, and main­tenance of at least one C01lege of Agriculture, where the lcadmg objccts shall be (withoutexcluding other scientific and classical studies, and including military taetics) to teach suchbranches of learning as are rela.ted to scientific and practical agriculture and the mechanic arts,in accordance With the requirements and conditions of said Acts of Congress; and the Legisla­ture shall provide that if, through neglect, misappropriation, or any other contingency, anyportion of the funds so set apart shall be diminished or lost, the State shall replace such portionso lost or misappropriated, eo that the principal thereof shall remain forever undmlinished. N(}person shall be debarred admission to any of the collegiate departments of the Univ"rsityonaccount of sex.

ARTICLE X.

STATE INSTITUTIONS AND PU»LIO BUILDINGS.

Sy.cTION 1. There shall be a State Board of Prison Directors, to consist. of five persons, to beappointed by the Governor, with the advice and conseut of the Senatc, who shall hold office forten years, except that the first appointe-d shall, jn such manner as the Legislature m9,y direct,be so ela""ified that the term of one person so appointed sha1l expire at the end of each tW(}years during the first ten years, and vacancies occurrmg shall be filled in lIke ll'lanner. Theappointee to a vacancy, occnrring before the expiration of a term, shall hold office only for theunexpired term of his predecessor. The Governor shall have the power to remove either of theDirectors for misoonduct, incompetency, or neglect of duty, after an opportunity to be heardupon written charges. .

SEC. 2. The Board of Directors shall have the charge and superintendance of the SLate Pris­ons J and shaH possess such po,versJ and perform such duties, in respect to other penal andreformatory institutIOns of the State. as the Legislature may prescribe.

SEC. 3. The Board shall a-ppoint the Warden and Clerk, and determine the other 'Jecessaryofficers of the Prisons.- The Board shall have power to remove the Wardens and Clerks formiscondnct, incompetency, or n~glect of duty. All other ottleers and employes of the Prisonsshall be appointed by the Warden thereof, and be removed at his pleasnre.

S"c. 4. The memhers of the 130ard shall receive no corn pells",tion other than reason.lble trav­eling antI other expenses incurred wbi]e engaged in the performance of official dU1!ies, to beaudited as the Legislatnre may direct.

SEC. 5. The Legislature shall pass sueh laws as may be necessary to further defin', and reg­ulate the powers and duties of the Board, Wardene, and Clerks, and to carry into efiect thl>proviSIOns of this article.

S"o. 6. After the first day of January, eighteen hundred and eighty-two, the labor of con­victs shall not be let out by contra.ct to any person, copartnerSUlp, compa.ny, or corporf~tion, andthe Legislature shall, by law, provide for tho working of convicts for the benefit of the State.

ARTICLE XI.

CITIES, COUNTJES, .AND 'l'OWNS.

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

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

SEC. 3. No new county shall be established which shall reduce any county to a populationof less than eight thousand; nor shall a new county be formed containiug a less populationtban ih'e thousand; nor shall any line thcreof pass within :five miles of the county seat ofany county proposed to be divided. Every county which shall be enlarged or cr"ated fromterritory taken from any other county or COUll ties, shall be liable for a just proport.ion of the

•existing debts and liabilities of the county or counties from which sud1 territory shall be taken.

CONSTITUTION OF CALIFORNIA. xxxv

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, underwhich any county may organize, whenever a majority of the qualified ejectors of such county,voting at a general election, shall so determine; and, whenever a county shall adopt townshiporganization, tbe asscssment and collection of the revenue shall be made, and the busmess ofsuch county and the local affairs of the several townships therein shall be managed and trans­acted in the manner prescribed by such generalla\vs.

SEC. 5. The Legislature, by general and uniform laws, shall provide for the election orappointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, DistrictAttorneys, and such other county, township, and'municipal officers as public cODveniellce mayrequire, and shall prescribe their duties, and fix thdr terms of office. It shall re!,:ulate thecompensation of all such officers, in proportion to duties, and for this purpose may classify thecounties 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 municipalmoneys which may be paid to them, or officially come mto their possession. '

SEC. 6. Corporations for municipal purposes shall not be created by speeial laws; but theLegislature, by general laws, shall provide for the incorporation, organization, and classification,in proportion to popUlation, of cities and towns, which laws may he altered, amended, orrepealed. CIties and towns heretofore organized or incorporated may become orgrmized undersuch general laws whenever a majority of the electors voting at a general election shall sodetermme, and shull orgnnize in conformity therewith; and citi.es or towns heretofore or here­after organized, and all charters thereof framed 01' adopted hy authority of this Constitution,shall be subjcct to and controlled by general laws. '

SEC. 7. City and county governments may be merged and consolidated into one municipalgovernment, with one Bet of officers) and may be incorporated under generf\11aw8 providing forthe incorporation and organization of corporations for municipal purposes. The provisions ofthis Constitution applicable to cities, and also those applicable to counties, so far as lIot incon­Bi.tent or not prolllblted to cities, shall be applicable to such consolidated government. 1,1 con­solidated city and county governments, of more than one hundred thousand population, thereshall be two Boards of Supervisors or houses of legislation-one of which, to consist of twelvepersons, shall be elected by general ticket from the city and county at large, and shall boldoffice for the term of four years, but shall be so classified that after tbe first election only sixshall he elected every two years; the other, to consist of twelve persons, shall be elected everytwo years, and shall hold office for the term of two years. Any vacancy occurring in t,be officeof Supervisor, in either Board, shall bc filled by the Mayor or other chief cxecu!Jve officer.

SEC. 8. Any Clty eontallling a l,opulation of more than one hundred thousand' if>habitantsmay frame a charter for its own I(overnment, consistent with and subject to the ConstitutIOn andlaws of tbis State, by causmg a Board of fifteen freeholders, who shall have been for at least fiveyears qualified electors thereof, to be elected by the qualified voters of such city, at any generalor special election, whose duty it shall be, within ninety days after such election, to prepareand propose a charter for such city, which shall he signed in duplicate by the members of such"Board, or a majority of them, and returned, one coPy thereof to the Mayor, or other chiefexecutive officer of such city, and the otber to the Re-eorder of deeds of the county, Such pro­posed charter shall then he published in two daily papers of general circulation in such cItyfor {tt least twenty days, and within not less than t.hirty days after such publication it shall besubmItted to the qualified electors of such city at It general or special electIOn, and if a majorityof such qualifieq electors voting thereat shall ratify the same, it shall thereafter be submittedto the Legislature for its approval or rejection as a whole, without power of alteration oramendmellt, and if approved by a majority vote of the members elected to each House, it shallbecome the charter of such city, or if such city be consolidated with a connty, 1.hen of such cityand county, and shall become the organic law therebf, and supersede anyexlBting charter andall amendments thereof, and all specialla,w8 inconsistent with such charter. A copy of Burhcharter, certified by the Mayor, or chief executive officer, and authenticated by the seal of suchCIty, setting forth tbe submission of such cbarter to the electors and its ratification by tbem,shall be made in duplicate and deposited, one in the office of the Secretary of State, the other,after being recorded in the office of the Recorder of deeds of the county, among the archives ofthe city; all Courts shall take judicial notice thereof. The charter so ratlfied may be amelldedat intenals of not less than two years, by proposals therefor, submitt.ed by legislative authorityof the city to the qualified voters thereof, at a general or special election held at least Slxty daysafter the pnblication of snch proposals, and ratified by at least three fifths of the <'jualifiedelectors voting thereat, and approved by the Legislature as herein provided for the approval ofthe charter. In SUbmitting any such charter, or amendment. thereto, any alternative article orpropositIOn may be presented for the choice of the voters, and may be voted on separatelywithout prejUdice t.o others.

SEC. 9. The compensation of any county, city, town, or municipal officer, shall. not beincreased afte-f his election or during his term of (lffice; nor shall the term of any such officerbe ex~endcd beyond the perIOd for which be is elected or appointed.

SJI;c.l0. No county, CIty, town, or ot,her publIc or municipal corporation, nor the inhabitantsthereof, nor the property therein, shall be released or discharged from lLS 01' their proportiona.teshare of taxes to be levied for State purposes, nor shall commutation for such taxes be author­ized in any form whatsoever.

SEC. 11. Any county, city, town, Dr township, may make and enforce within its limits aUsuch lo~al, police, sanitary, and other regulations as are not in conflict with general laws.

XXXVI CONSTITUTION OF CALIFORNIA.

SEC. 12. The Legislature shall have no power to lmpose taxes upon counties, cities, towns,or other public or municipal corporations, or upon the inhabltants or property thereof, forconnty, city, town,or other municipal purposes, but may, by generallaw~,vest in the cOJ'porateauthorities thereof the power to assess and collect taxes for such purposes.

SEC. 13. The Legislature shall not delegate to any special ";ommlssloll, private corporation,company, association, or indIvidual, any power to make, control, appropri:lte, supervise:, or inany way interfere with, any county, city, town, or Inunicipal improt'ement, money, property,or effects) whether held in trust 01" otherwise, or to levy taxes or assessments, or perform anymunicipal functions whatever.

SEC. 14. No State office shall be continued or created in any county, city, town, or othermunIcipality, for the inspection, measuretuent, or graduation of any merehandise, Inanufacture,or commodity; but such county, city, town, or Inullicipality lllay, when authorized by generallaw, appoint such officers.

SEC. 15. Private property shall not be taken or sold for the payment of the corpotlLte debtof any political or municipal corporation.

SEC. J6. All moneys, assessments, and taxes belonging to or collect.ed for the use of anycounty, city, town, or public or n~unicipal corporation} coming into the hands of any officerthereof, shall immediately be deposited with the Treasurer, or other legal depositary, to thecredit of Buch city, town, or other corporation respectively, for the benefit, of the funds to whichthey respectively belong.

SEC. 17. The making of profit. out of county, city, town, or other public money, or ming thesame for any.purpose not authorized by law, by any officer having the possession or controlthereof, shall be a felony, and shitll be prosecuted and puuished as prescribed by law.

SEC. 18. No county} citYI town, township, Board of Education, or school district, shf111 incurany indcbtedness or liability in a.ny manner, or for any purpose, exceeding in any year theincome and revenue provided for it for such year, without the assent of two thirds of the quali­fied electors thereof voting at an election to be held for that purpose, nor unless, before or atthe time of incurring such indebtedness, provision shall be made for the collection of an annualtax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute asinking fund for the payment of the principal thereof within twenty years from th, time ofcont.racting the same. Any indebtedness or liability incurred contrary t.o this provia on shallbe void.

SEC. 19. No public work or improvement of any description whatsoever shall be done ormade, in any city, in, upon, or about the streets thereof, or otherwise, t.hc cost and e, pense ofwhich is made chargeable or ml1Y be assessed upon private propert.y by speoial assessment,unless an estimate of such cost and expense shall be made, and an assessment, in proportion tothe benefits, on the property to be affected or benefited, shall be levied, collected, and oaid intothe city treasury before such work or improvement shall be commenced, or any contract forletting or doing the same authorized or performed. ]n any city where there are no pnblicworks owned and controlled by the municipality, for the supplying the same with water orartificial light, any individual, or any company duly incorporated for such purpose under andby authority of t.he laws of this State, shall, under the dIrection of t.he Superintendent ofStreets, or ot.her officer in control thereof, and nnder such general regulations as th,' munici­pality may prescribe for damages antl indemnity for damages, have tbe privilege of using thepublic streets and thoroughfares thereof, and of laying down pipes amI conduits therein, andconnections therewith, so far as may be necessar)' for introduclllg into and supplying such cityand its inhabitants either with gaslight or other illuminating light, or with fresh water fordomestic and all ot.her purposes, upon the condition that the municipal government sball havethe right to regulate the charges thereof.

ARTICLE XU.

CORPORATIONS.

S~CTION 1. Corporations may be formed under general laws, but shall not be created byspecial Act. All laws now in force in this State concerning corporations} and all laws that maybe hereafter passed pursuant to this section, may be altered from time to time or repealed.

S~c. 2. Dues from corporations shall be secured by such individual liability of the corpo­rators and other means as may he prescribed hy law.

SEC. 3. Each stockholder of a corporation, or joint stock association, shall be indiViduallyand personally liable for such proportion of all its debts and Iiabiliti"s contracted or incurred,during the time he was a stockholder, as the amount of stock or shares owned by him bears tothe whole of the subscribed capital stock, or shares of the corporation or association.. Thedirectors or trustees of corporations and joint-stock associations shall be jointly and severallyliable to the creditors and stockholders for all moneys embezzled or misappropriat.ed by theofficers of such corporation or joint stock association during the t.erm of office of such directoror trustee.

SEC. 4. The term corporations, as used in this article, shall be const.rued to include all asso­ciations and joint stock companies having any of the powers or privlleges of corporatious notpossessed by individuals or partnerships; and all corporations shall have the right 00 sue andshall be subject to be sued, in all Courts, in like cases as natural persons.

SEC. 5. The Legislature shall have no power to pass any Act. granting any charter forbanking purposes, but corporations or associations may be formed for such purposes under

CONSTITUTION OF CALIFORNIA. xxxvii

general laws. No corporation, association, or individual shall issue or put in circulation, asmoney, anything but the lawful money of the United States.

SEC. 6. All existing charters, grants, franchises, special or exclusive privileges, under whichan actual and bona fide organization shall not have tn-ken place, and business been commencedin good faith, at the time of the adoption of this Oonstitution, shall thereafter have no validity.

SEC. 7. 'rhe Legislature shall not extend any franchise or charter, nor remit the forfeitureof any franchise or charter of any corporation now existing, or which shall hereafter exir:;t underthe laws of this State.

SEC. 8. The exercise of the right of eminent domain shall never be so abridged or construedas to prevent the Legislature from taking the property and franchises of incorporated companiesand subjecting them to public nse the &1me as the property of individuals, and the exercise ofthe police power of the State shall never be so abridged or construed as to permit corporationsto conduct their business in such manner as to infringe the rights of individuals or the generalwell-being of the State.

SEC. 9. No corporation shall engage in any business other than that expressly authorized inita charter, or the law under which it may have been or may hereafter be organized; nor shallit hold for a longer period than five years any real estate except such as may be necessary forcarrying on its business.

SEO. 10. The Legislature shall not pass any laws permitting the leasing or alienation of anyfranchise, so as to relieve the franchise or property held thereunder from the liabilities of thelessor or grantor, lessee or grantee, contracted or incnrred in the operation, use, or enjoyment ofsuch franchise, or any of its privileges. , 1$

SEC. 11. No corporation shall issue stock or bonds, except for money paid, labor <lone, orproperty actually received, and all fictitious increase of stock or indebtedness shall be "Void, Thestock and bonded indebtedness of corporations shall not be increased except in pursuance ofgeneral law, nor without the consent of the persons holding the larger amount in value of thestock, at a meeting called for thao purpose, giving sixty days' public notice, as may be providedby law.

SRC, 12. In all elections for directors or managers of corl'orations, every stockholder shallhave the righo to vote, in person or by proxy, the number of shares of stock owned by him, foras many persons as there are directors or managers to be elected, or to cumulate Baid shares andgive one candidate as many "Votes as the number of directors multiplied by the number of hisshares of stock shall equal, or to distribute them, on the same principle, among as many candi­dates as he shall think fit j and such directors or managers shall not be elected in any othermanner, except that members of cooperative societIes formed for agricultural, mercantile] andmanufacturing purposes, may vote on all questions affecting such societies in manner prcscnbedbylaw.

SEC. 13. The Soate shall noo in any manner loan its credit, nor shaU 10 subscribe to, or beinterested in the stock of any company, association, or corporation.

SEC. 14. Every corporation other than religious, educational, or benevolent, organized ordoing business in this State, shall have and maintain an office or place in this State for thetransaction of ita business, where transfers of stock shall be made, and in which shall be kept,for inspection by every person, having an interest therein, and legislative committees, books inwhich shall be recorded the amount of capital stock subscribed, and by whom; the names ofthe owners of Its stock, and the amounts owned by them respectively; the amonnt of stock paidin, and by whom; the transfers of stock; the amount of lOs assets and liabilities, and the namesand places of residence of its officers.

SEC. 15. No corporation organized outside the limits of this State shall be allowed to transactbusiness within this State on more f",vorabl" conditIOns than are prescrib"d by law to similarcorporations organized under the laws of this State.

SEC. 16. A corporation or association may be sued in the county where the contract is madeor is to be performed, or wher" the obligation or liability arises, or the breach occurs; or in thecounty where the principal place of bnsiness of such corporation is situated, snbject to thepower of the Oourt to change the place of trial as in other cases.

SEC. 17. All railroad, canal, and other transportation companies are declared to be commoncarriers, and subje.ct to l~gislatiYe cDntrDl. Any association or corporation, organized fOl' thepurpose, under the laws of this State, shall have the right to connect at the State line with rail­roads of other States. Every railroad company sball have the right with its road to mtersect,connect with or cross any other railroad, and shall receive and transport each the other's pas­sengers, tonnnge, and cars, without delay or discrimination.

_ SEC. 18. No president, director, officer, agent, or employe of any railroad or canal companyshall be interestcd, directly or indirectly, in the furnishing of material or supplies to such COm­pany, nor in the business of transportation as a common carrier of freight or passengers overthe works owned, leased, controlled, or worked by such company, except such int"rcst in thebusiness of transportation as lawfully flows from the ownership of stock therein_

SEC. 19. No railroad or other transportation company shall grant free passes, or passes ortickets at a discount, to any person holding any office of honor, trust, or profit in this State;and the acceptance of any such pass or ticket', by a member of the Legislature or any publicofficer, other than Railroad Commissioner, shall work a forfeiture of his office.

SEC. 20. No railroad company or other common carrier shaU combine or make any contractwith the owners of any vessel tbat leaves port or makes port in this State, or with any commoncarrier, by which combination or contract the "aruings of one doing the carrying are to be

xxxviii CONSTITUTION OF CALIFORNIA.

shared hy the other not doing the carrying. And whenever a ncilroad corporation shall, lor thepurpose of competing WIth any other COl1llnon cu,1'l'ier, lower it.s rates for transportation of pas­sengers or freight from Doe point 1,0 another, such reduced rates shall not be again raised orincreased from such standard without the consent of the governmental authority in which. shallbe vested the power to regulate f:u€:s and freights.

Sgc. 21. W-o dlscrlnllnation in charges or facilities for transportation Bhall be Inade by anyrailroad or other tr::msportatlOn company between places or persons, or in the facilitIes for thetransportation of the same classes of freIght or passengers within th13 State, or coming from orgoing to any other State. Persons and property transported over any railroad, or by anl othertransportation company or individual, shall be delivered at any station, landing, or port, atcharges not exceeding the charges for the transportation of persons and property of the samoclass, In the same direction, to any morc distant station, port, or landinp;. Excursion and com­mutation tickets may be issued at special mtes.

S';O. 22. The State shall he divided into three districts as nearly equal in population ns prac­ticahle, in each of which one Railroad Commissioner shall be elected by the qualified electorsthereof at the regular gubernatorial elections, whose salary shall be fixed by law, and whoseterm of office shall be four years, commencing on the first Monday after t,he first day of Jan­nary next succeeding their election. Said Commissioners shall be qualified electors of thisState and of the district from which they are elected, and shall not be mterested in any rail­road corporation, or othj3r transportation company, as stockholder, credItor, agent, attorney, oremploye; and the act of a majority of said Commissioners shall be deemed the act of saidCommission. Said Commissioners shall have the power, and it shall be their duty, to establishrates of charges for the transportation of passengers and freight by railroad or other traasporta­tion compamcs, and publish the same from time to time, WIth such changes as they may make;to examme the books, records, ani] papers of all railroad and other transportation companies,and for this purpose they shall have power to issue subpo:mas and all other necessary process;to hear and determine complaints agamst railroad and other transportation eompanies, to sendfor persons and papers, to administer oaths, take testimony, and punish for contempt of theirorders and processes, in the saIne manner and to the same extent as Courts of record, andenfOrce their deCIsions and correct abuses through the DlediulU of the Courts. Said Commis­sioners shall prescnbe a uuiform system of accounts to be kept by all such corporations andcompanies. Any railroad corporatlOll or transportation company which shall fail or refuse toconform to such rates as shall be established by such CommiSSiOners, or shaH charge rates inexeess thereof, or shaH fail to keep theIr aceounts in aeeordance with the system prescrib€d bythe Comnussion, shall be fined not exeee,ling twenty thousand dollars for each offE,nse, andevery officer, agent, or employe of any such corporation or company, who shall demand orreC€:lve rates in excess thereof, or who shall in any Dlanner -violate the provisions of this sec­tion, shall be fined not exceeding five thousand dollars, or be imprisoned in the eount]' jail notexceeding one year. In all controversies, civil or crhninal, the rates of fares and freightsestabhshed by said Commission shall be deeme,l cone]uslvely Just and reasonable, and in anyaction against such corporation or company for damages sustained by cb~Lrging excessive rates,the plamtitr, in additiOn to the actual damage, may in the discretion of the Judge or jury,recover exemplary damages. Said Commission shall report to the Governor, annually, theirproceedings, and such other facts as may he deemed important. Nothing in this section shallprevent individuals from Inalntaining actions against any of such cOlnpanies. The LegislatureInay, in addition to any penalties herein prescrtbed, enforce this article by forfeiture of charteror otherwise, and Inay confer such further powers on the Commissioners as shall be necessa.ryto enable them to perform the duties enjoined on them in thIS and the foregoing seetion, 'rheLegislature shall have power, by a two thirds vote of all the members elected to eaeh House,ta relnOye anyone or more 'of said Commissioners {rOln office, for derelictjon of duty, Or cor·ruptlOn, or incompetency; and whenever, frOln any cause, n. vacancy In office e:;hall. occur insaid CommiSSiOn, the Governor shall fill the same by the appomtment of a qualified personthereto, who shall hold office for the residue of the unexpired term, and until his successorshall have heen elected and quahfied. '

S"C. 23. Until the Legislature shall distriet the State, the following shall be the railroaddistriets: The First District shall be composed of the Counties of Al»ine, Amador, llutte, Cal­averas, Colusa, Del Norte, El Dorado, Humboldt, Lake, Lassen, Mendocmo, Moooc, Napa,Nevada, Placer, Plulnas, SaCl'Hmento, Shasta, Sierra, Siskiyou, Solano, Sonoma" Sutter,Tehama, Trinity, Yolo, and Yuba, from which one Railroad Commissioner shall he elected.The Second Distriet shall he composed of the CountIes of Marin, San FranClsco, and SanMateo, from whwh one Railroad Commissioner shall be elected. The Third Distriet shall becomposed of the Counties of Alameda, Contra Costa, Fresno, Inyo, Kern, Los Ang«les, Mari­posa, Merced, Mono, ~Ionterey, San Benito, San Bernardino, San Diego, San Joaquin, SanLuis Obispo. Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and Ven­tura} frOlll which one RaIlroad COlumissjoner shall be elected.

SEC. 24. The Legislature shall pass all laws necessary for the enforcement of the provisionsof this article.

ARTICLE XIII.

REVENUE AND TAXATION.

SECTION 1. All property in the State, not exempt under the laws of the United States, shallbe taxe,l in proportion to its value, to be ascertained as provided by law. The word" prop-

90NSTIT UTION Ol~ CALIFORNIA. XXXIX

-erty," as used in this artIcle and sectwn, is hereby declared to include moneys, credits, bonds,stocks, dues, franchises, and all other matters and things, real, personal, and lnixed, capable ofprivate ownership; proVtded, l.hat growing crops, property used exclUSIvely for public schools,and such as may belong to the Umted States, this State, or to any county or mUnIcipal corpora­tion WIthin thlS State, shall be exempt from taxation. The Lcglslature may provide, exccpt incase of cJ'edits secured by mortgage or trust deed, for a deduction from credIts of debts due tobona fide residents of this State.

SEC, 2, Laud, and the improvements thereon, shall be separately assessed. Cultivated anduncultIvated land, of the same quality, and SImilarly situated, shall be assessed at the samevalue.

J SEC.;;. Every tract of land containing more than six hundred and forty acres, and whichhas been sectionized by the United States Government, shall be assessed, for the purposes oftaxation, by sectlOns or fractions of sections. The Legislature shall provide by law for theassessment, in small tracts, of all lands not seetionized by the Umted States Government.

SEO. 4. A mortgage, deed of trust, contract, or other oblIgation by which a debt is secured,.shall, for the purposes of assessment and taxation, be deemed amI treated as an interest III theproperty affected thereby. Except as to railroad and other qUasI public corporations, in case ofdebts so secured, the value of property affected by such mortgage, deed of trust, contract, orobligation, less the value of such security, shall be assessed and taxed to the owner of theproperty, and the value of such security shall be assessed and taxed to tbe owner thereof, in thecounty, city, or district lll. which the property affected thereby is situ"te. The taxes so levied.shall be a lien upon the property and security, and may be paid by either party to such security;if paid by the owner of the security, the tax so levied upon the property affected thereby shallbecomc a part of the debt so secured; if the owner of the property shall pay the tax so levied

,on such security, it shall constitute a payment thereon, and to the extent of such payment afull discharge thereof; prov,ded, that if any such security or indebtedness shall be paid by anysuch debtor or debtors, a,f~er assessment and before the tax levy, the amount of such levy maylikewise be retained by such dehtor or debtors, and shall be computed according to the tax levyfor the preceding year.

SEC. 5. Every contract hereafter made, by which a dehtor is obligated to pay "ny tax or.assessment on Inoney loaned, or on any mortgage, deed of trust, or other lien, sball, as to anyinterest specified therein, and as to such tax or assessment, be null and void.

81m. 6. The power of taxation shall never be surren.dered or suspended by any grant or con­tract to which the State shall be a party.

SEC. 7. The LegiSlature shall have the power to provide by law for the payment of all taxeson real property by installments.

SEC. 8. The Legislature shall by law require each taxpayer in this State to make and deliverto the County Assessor, annually, a statement, under oath, setting forth specifically all the re,,1and personal property owned br such taxpayer, or in his possession, or under hIS control, attwelve o'clock mendlan, on the first Monday of March. .

SEC. 9. A State Board of EqualizatIOn, consisting of one member from e"ch congression"ldistrict III tlus State, shall be elected by the qualified electors of their respective districts, at thegeneral electIOn to be held in the year oue thousand eight hundred and seventy-nine, whoseterm of office after those first elected shall be four years, whose duty it shall be to equalize thevaluation of the taxable property of the several counties in the State for the purposes of taxa­tIon. The Controller of mate shall be ex officio a member of the Board. The Boards of Super­visors of the several counties of the State shall constitute Boards of Equalization for their respec­tive counties, whose duty it shall be to equalize the valuation of the taxable property in the·county for the purpose of taxation; providfd, such State and County Boards of Equalization arehereby authorized and empowered, under such rules of notice 'as the County Boards may pre­.scribe, as to the county assessments, and under such rules of notice as the State Board mayprescnbe, as to the action of the State Board, to Increase or lower the entire assessment roll, orany asseSSIuent contained therein, so as to equalize the assessment of the property contained 'inSaid assessment roll, and make the assessment conform to the true value in money of the prop­erty contamed in said roll.

S"c. 10. All property, except as hereinafter in this section provided, shall be assessed iu thecounty, CIty, city and county, town) township, or district in which it IS situated, in the mannerprescrIbed by law. ffhe franchise, roadway, roa:d-bed, rails, and rolling stock of all railroadsoOpel'ated in more than one county in this State shall be ,,"sessed by the State Board of Equaliza­tion, at their actual value, and the same shall be apportioned to the couuties) CIties and countIes,cities) towns, townships, and districts in which such railroads are located, in proportion to thenmnbe:r of miles. of railway laid in such counties, cities and counties, cities, towns, townships,,and distnets.• SEO. 11. Income' taxes may be assessed to and collected from persons, corporations, joint­stock associations, or companies resident or doing bUSiness in this State, or anyone or more ofthem, in such cases and amounts, and in such manner, as shall be prescribed by law.

S"c. 12. The Leglslature shall provide for the levy and collection of an annual poll tax ofnot less than two dollars on every male inhabitant of this State, over twenty-one and undertHxty years of age, except paupers, idiots, insane persons, and Indians not taxed. Said tax shallbe paid into the State SchODl Fund,

SEC. 13. The Legislature shall pass all laws necessary to carry out the provisions of thisarticle.

xl CONSTrrUTION OF CALIFORNIA.

ARTICLE XIV.

1\'ATER AND WATER RlGlITS.

S'XTION 1. The use of all water now appropriated, or that may hereafter be appropriated, forsale, rental, or distribution, is hereby declared to be a public use, and suh.i"ct to the regulatlOnand control of the State, in the manrter to be prescribed by law; p7'ovide,l, tbat the rates or com­pensation to be collected by any'persan, company, or cOl'poration in thlS State for the use ofwater supplied to any city and county, or city or town, or the lllhabitants thereof, shall be fixed,annu!Llly, by the BO!Lrd of Supervisors, or city and county, or Cltyor Town Council, or othergoverning body of such city and county, or city or town} by ordinance Or otherwise} in the man­ner that other ordinances or legislatlve acts or resolutions are passed by such body, an,l shallcontinue in force for one year and no longer. Such ordmances or resolutions shall be passed inthe month of February of each year, and take effect on the first day of July thereafter. AnyBoard or body failing to pass the necessary ordmances Or resolutions fixing water rates, wherenecessary, within such time, shall he suhject to pel'emptor}' process to compel action at the SUltof any party interested, and shall t<, liable to sueh-further processes and ]Jenalties as the Legis­lature may prescribe. Any person, company, or corporation collecting water-rates in any cityand county, or city or town in this I:ltate, otherwise than as so established, shall forfeit th e fran­chises and water-works of such person, company, or corporation to the city and county, or cityor town, where the same a,re collected, fol' the public usc. .

SEC. 2. The right to collect rates or compensation for the use of water supplied to any eounty,city and county, or town, Or the inhabItants thereof, IS a franchise, and cannot be e>ercisedexeept by authority of and in the ma,nner prescribed by law.

ARTICLE XV.

HARBOR FnONTAGESJ ETC.

SECTION 1. The right of eminent domain is hereby declared to exist in the State to all front,ages on the navigable waters of thlll State.

SEC. 2. No individual, partnen;hip, or corporation, claiming or possessing the frontage ortidal lands of a harbor, bay, inlet, estuary, or other navigable water III this State, shall be per­mitted to exclude the right of way to such water whenever it is required for any public purpose,nor to destroy or obstruct the free navigation of such water; a.nd the Legislature shall enactsuch laws as will give the most 1J beral construction to thIS provision, so that access to the navi-gable waters of thIS State shall be always attainabl,; for the pcople thereof. .SE~ 3. All tide lands within two miles of any incorporated city or town in this Stnte, and

fronting on the waters of any harbor, estuary, bay, or inlet used for the purpose of navigation,shall be withheld from grant or sale to prIvate persons, partnerships, 01' corporations. •

ARTICLE XVI.

STATE INDEBTRDN'ESS~

SECTION 1. The Legislature shall not, in any manner, create any debt or debts, liability orliabilities, which shall, singly or m the aggregate with any previous debt.q or liabilities, exceedthe sum of three hundred thousand dollars, except in case of war to repel an lllvasiotl or sup­press insurrection, unless the same shall be authorized by law for some siugle object or work tobe distinctly specified therem, which law shall provide ways and means, exclusive of loans,for the payment of the interest of such debt or liability as it falls due, and also to pay and dis­charge the principal of such debt or liability within twenty years of the time of the eontract­ing thereof, and shall be irrepealable until the principal and interest thereon shall be paid anddischarged; but no such law sl.13J1 take effect untIL, at a general eledion, it shall haNe beensubmitted to'the people and shall have received a majority of all the votes cast for and againstit at such election; and all mone}'s raised by authority of such law shall be applied only to thespeCIfie object therein stated, or to the payment of the debt thereby created, and such Jaw shallbe published in at least one new9paper in each county, or elty and county, if one he publishedtherein, throughout the State, for three months next preceding the election at which ,t is sub­mitted to the people. The Legislature may at any time after the approval of such law by thepeople, if no deht shall have !:leen contracted in pursuance thereof, repeal the same.

ARTICLE XVII.

LAND, AND HOMESTEAD EXJ{MPTION.

SECTION 1. The Legislature shall r.rotect, by law, from forced sale," eertain portien of thehomestead and other property of all leads of families.

SEC. 2. The holdin~ of large tracts of land, unenltivated and unimproved, by in,lividualsor corporations, is agamst the public interest, and should be discouraged by all means notinconsistent with the rights of private property.

CONSTITUTION OF CALIFOmnA. xli

SEC. 3. Lands belonging to tbis State, which are suitable for cultivation, shall bc grantedonly to actual settlers, and in quantities not exceeding three hundred aud twenty acres to eachsettler, under such conditions as shal\ be prescribed by law.

ARTICLE XVIII.

AMEND1NG AND REVISING THE CONSTITUTION.

SECTION 1. Any amendment or amendments to tbis Constitution may be proposed in theSenate or Assembly, and if two thirds of all the members elected to each of the two Housesshall vote in favor thereof, such proposed amendment or amendments shaH be entered in theirJournals, with the yeas and nays taken thereon; and it shall be the duty of the Legislature tosubmit such proposed amendment or amendmeuts to the people in such manner, and at suchtime, and after such publication as may be deemed expedient. Should more amendments thanone be submitted at the same election they shall be so prepared and distinguished, by numbersor otherwise, that each can be voted on separately. If the people shall approve and ratify suchamendment or amendluents, or any of them, by a majority of the quali£ed electors votingthereon, such amendment or amendments shall become a part of this Constitution.

SEC. :I. Whenever two thirds of the members elected to each branch of the Legislature shalldemll it necessary to revise this Constitution, they shall recommend to the electors. to vote atthe next general election for or against a Convention for that purpo~e, and if a majority of theelectors voting at such election on the proposition for a Convention shall vote in favor thereof,the LegiSlature shall, at its next session, provide by law for "ailing the same. Jrhe Conventionshall consist of a ,!umber of delegates, not to exceed that of both branches of the Legislature,who shall be chosen in the same manner, and have the same qualifications, as members of theLegislature. The delegate so elected shall meet within three months after their election at suchplace as the Legislature may direct. At a special election to be provided for by law, the Con­stitution that may be agreed upon by such Convention shall be submitted to the people for theirra.tificatlOu or rejection, in such manner as the Convention may determine. The returns ofsuch election shall, in such manner as the Convention shall direct, be certified to the Executiveof the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, andcompare the returns so certified to him; and it shall be the duty of the Executive to declare, byhis proclamation, such Constitution, as may have been ratified by a majority of all the votescast at such special election, to be the Constitution of the State of California.

ARTICLE XIX.

CHINESE.

SEC'noN 1. The Legislature shall prescribe all necessary regulations for the protection of theState, and the counties, cities, and towns thereof, from the burdens and evils arising from thepresence of aliens who are or may become vagrants, paupers, mendicants, crinlinals, or invalidsafflicted with contagious or infectious diseases, and from aliens otherwise dangerous or detri­mental to the well-being or peace of the State, and to impose conditions upon which personsmay reside in the State, and to provide the means and mode of their removal from the State,upon failure or refusal to comply with such conditions; provided, that nothing contained inthis section shall be construed to impair or limit the power of the Legislature to pass suchpolice laws or other regulations as it may deem necessary.

SEC. 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, anyChinese or Mongolian. The Legislature shall pass such laws as may be necessary to enforcethis prOVision.

S,"'. 3. No Chinese shall be employed on any State, county, municipal, or other publicwork, except in punishment for erllne.

SEC. 4. The presence of foreIgners ineligible to become citizens of the United States isdeclared to be dangerous to the well-being of the State, and the LegiSlature shall discouragetheir immigration by all the means within its power. Asiatic coolieism is a form of humanslavery, and is forever prohibited in this State, and all contracts for coolie l",bor shall be void.All companies or corporations, whether formed in this country or any foreign country, for theimportation of such labor, shall be subject to such penaltIes as the Legislature may prescribe.The Legislature shall delegate all necessary power to the incorporated cities and towns of thisState for the removal of Chinese without the limits of such citIes and towns, or for their loca­tion within prescribed portions of those hmlts, and it shall also provide the necessary legisla­tion to prohibit'the introduction into this State of Chinese after the adoption of this Constitu­tion. This section shall be enforced by appropriate legislation.

ARTICLE XX.

MlSCELLANEOUS SUBJECTS.

SECTION 1. The City of Sacrameuto is hereby declared to be the seat of government of thisState, and shall so remain until changed by law; but no law changing the seat of government

6*

xlii CONSTI'l'UTION OF CALIFORNIA.

shall be valid Or binding unless 'the Same be approved and mtified by a majority of the 'luali­fied electors of the State voting therefor at a general State election, under m",h regulation" andprovisions as the Legislature, by a two thirds vote of each House, may provide, submlttlllg thequeetion of change to the people,

SRC. 2. Any citizen of this State who sba11, after the Moption of this Constitution, fight aduel with deadly weapons, or send Or accept a challenge to fight a duel with deadly weapons,.either within this State or out of It, or who shall act as second, Or knowingly aid or assist inany manner those thus offending, shall not be allowed to hold any office of profit, or to enjoythe nght of snffrage under this Conetitution.

SEC. 3. Members of the Legislature, and all officers, executive a,nd judicial, except, suchinferior officers as may be by law exempted, shall, before they enter upon the duties of theirrespective offices, take and subscribe the following oath or affirmation:

"1 do solemnly swear (or affirm, as the case may be,) tha'! I wl11 support the Constitution ofthe Umted States and the Constitution of the State of California, and that I will faIthfully dis­charge the duties of the office of --, according to the best of my ability."

And no other oath, declaration, or test shall be required as a qualification for any olilce orpublic trust.

SEC. 4. A11 officers or Commissioners whose election or a.ppointment is not provided for bythis ConstItution, and all officers or COlnrnissioners whose offices Or duties may hereafter becreated by law, shall be elected by the people, or a,ppointed, as the Legisl"ture may direct.

SEC. 5. The fiscal year shall commence on the first day of July.S,"'. 6. Suits may"be br~ught against the State in such manner and in such Courts aB shall

be directed by law.S,,,,. 7. No contract of marriage, if otherwise duly made, shall lie invalidated for ",ant of

conformIty to the requirements of any religious sect.Sm. 8. All property, real and personal, owned by either husband 01' wife before marriage,

and that acquired by eitber of tbem afterwards by gift, devise, or descent, shall be their sep­arate property.

SEC. 9. No perpetuities sball be allowed except for eleemosynary purposes.SEC. 10. Every person shall be disqualified from holding "ny oillcc of profit in tbi:; State

who shall have been convicted of having given or oiIered a bribe to procure his eiec',ion orappointlnent.

S1m. 11. Laws shall be made to exclude from office, serving on juries, cnd from the right ofsuffrage, persons convicted of bribery, perjury, forgery, Inalfeasance in office, or other highcrimes. The privIlege of free suffrage shall be supported by laws regulating elections and pro­hibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult,or other improper praQtice.

SEC. 12. Absence from this State, on business of ihe State or of the United States, shall notaffect the question of residence of any person.

S';C. 13. A plurality of the votes given at any election shall constitute a choice, whoI'e nototherwise directed in this Constitution.

SEC. 14. The Legislature shall prOVide, by law, for the maintenance and effioiency of a StateBoard of Health.

SEC. 15. Mechanics, m"terial men, artisans, an,llaborers of every clnss, shall have a lienupon the property upon WhICh they have bestowed labor or furnished material for the value ofBueh labor done and material fUl"llished; and the r,egislature shall provide, by law, for thespeedy and efficient enforceruellt of such liens.

SEC. 16. Wben the term of any officer or Commissioner is not provided for in this Constitu­tion, the term of such offieer or COImmssioner may be declared by law; and, if not so d.,clared,-such officer or Commissioner shall hold his position as such officer or 001nlTIlSsioner during thepleasure of the authority making the appointment; but in no case shall such term exceed fouryears.

SEC. 17. Eight hours shall constitute a legal ~ay's work on all publie work.SEC. 18. No person shall, on aceount of sex, be disqualified from entering upon or pursuing

any lawful business, vocation, or profession.SEC. 19. Nothing in this Constitution shall prevent the Legislature from providing, by law,

for the payment of the expense, of the ConventlOn framing this ConstitutlOn, incJud ing theper diem of the Delegates for the full term thereof.

SEC. 20. Elections of the officers provide,l for by this Oonstitution, except at the eledion inthe year eighteen hundred and seventy-nine, shall be held on the even numbered yenrs nextbefore the expiration of their respective terms. The terms of such officers shall commence onthe first :Monday after the first day of J"nuary next following their eleetion.

ARTICLE XXI.

BOUNDARY.

SECTION 1. The boundary of th'3 State of California shall be as follows: Commencing at thepoint of intersection of the forty-oecond degree of north latitude with the one hundred andtwentieth degree of longitude west from Greenwich, and running south on the line of said onehundred and twentieth degree of west longitude until it intersects the thirty-ninth degree ofnorth latitude; thence running In a straight line, in a southoasterly direction, to the RIverColorado, at a point where it intersects the thirty-fifth degree of north latitude; then"e down

CONSTITUTION OF CALIFORNIA. xliii

the middle of the channel of said river to the boundary line between the United States "ndMexico, as established by the treaty of May thirtieth, one thousand eIght hundred and forty­eight; thence running west and along said boundary line to the PaciHc Ocean, and extendingtherem three English miles; thence ruuning in a northwesterly direction and following thedirection of the Pacific Coast to the forty-second degree of north latItude; thence on the hneof said forty-second degree of north latitude to the place of beginnmg. Also, including all theislands, harbors, and bays along an~ adjacent·to the coast.

ARTICLE XXII.

SCHEDULE.

That no inconvenience may arise from the alterations and amendments in the Constitntion ofthis State, and to carry the same into complete effect, it is hereby ordained and declared:

SECTION 1. That all laws in force at the adoption of th,s ConstitutIon, not lUconslstent there­with, shall remain in full force aud effect until altered or repealed by the LegIslature; and allrights, actions, prosecutions, claims, and contracts of the State, countIes, individuals, or bodiescorporate, not inconsIstent therewith, shall continue to be as valid as if this ConstitutIOn hadnot been adopted. The provisions of all laws which are inconsIstent with this ConstItutIOnshall cease upon the adoption thereof, except that all laws which are inconsistent WIth suchpruvisions of tillS Constitution as require leglslatlOll to enforce them shall remain in full forcenntil the first day of July, eighteen .hundred and eighty, nnless sooner altered or repealed bythe Legislature.

BEC. 2. That all iecognizances, obligations, and all other instruments entered into or exe­cuted before the adoption of this ConstitutIOn, to this State, or to any subdivision thereof, orany municipality therein, and all fines, taxes, penalties, and forfeitures due or OWIng to thisState, or any subdivision or municipality thereof, and all writs, prosecutions, actions, andcauses of actioIl, except as herein otherwise provided, shall continue and remain unaffected bythe adoption of this Constitntion. All indictments or informations which shall have beenfonnd, or may hereafter be found, for any crime or offense committed before this Constitutiontakes effect, may be proceeded upon as if no change had taken place, except as otherWIse pro­vided in this Constitution.

SJ<C. 3. All Courts now existin:>;, Save Justices' and Police Courts, are hereby abolished; andall records, books, papers, and proceedings from such Courts, as are abolished by this Constitn­tion, shall be transferred on the first day of January, eighteen hundred and eighty, to theCourts provided for ill this ConstitutIOn; and the Courts to which the same are thus transferredshall have the same power and jurisdiction over them as if they had been in the first instancecommenced, filed, or lodged therein. ..

SEC. 4. The Superintendent of Printing of the State of California shall, at least thirty daysbefore the first Wednesday in May, A. D. eighteen hundred and seventy-nine, cause to beprinted at the State Printmg Office, m pamphlet form, simply stitched, as many copies of thisConstitutIOn as there are registered voters III this State, and mall one copy thereof to the post­office address of each registered voter; prov,ded, any copies not called for ten days after reach­ing their delivery office, shall be subject to general distributIOn by the several Postmasters ofthe State. Tpe Governor shall Issue his proclamation, giving notice of the electIOn for theadoption or rejection of this ConstitutIOn, at least thIrty days before the said first Wednesday ofMay ... eighteen hundred and seventy-nIue, and the Boards of Supervisors of the several countiesshall cause said proclamatIOn to be made public in their respedlve counties, and general noticeof said election to be gIven at least fifteen days next before said electlOn.

SEC. 5. The Supenntendent of Printing of the State of California shall, at least twenty daysbeforc said election, cause to be printed and delivered to the ClerJ.<: of each county in this Statefive times the number of properly prepareLl ballots for said election that there are voters in saidrespective counties, with the words printed th.reon: "}.~or the new Constitution." lIe shalllikewise cause to be so printed and delivered to said Clerks five times the nnmber of properlyprepared ballots for said election that there are voters in said respective ('))unties, with the wordsprinted thereon: . (AgaInst the new Constitution." The Secretary of State IS hereby authOrIzedand required to furnish the Superintendent of State Printing a sufficient quantity of legal bal­lot paper, now On hand, to carry out the provisions of this section.

S,.C. 6. The Cleeks of the several counties in the StaLe shall, at least Jive days before saidelection, cause to be dehvered to the Inspectors of Elections, at eadl election precinct or pollmgplace In their respective counties, suitable registers) poll-books, forms of return, and an equalnumber of the aforesaid ballots, which number, in the aggr~gate, Inust be ten times greaterthan the nnmber of voters in the said election precincts or l'0llmg places. The returns of Lhenumber of votes cast at the Presidential election in the year eighteen hundred and seventy-sixshall serve as a basis of calculation for this and the preceding section; promded, that the dutiesin this and the preceding section imposed upon the Clerk of the respectIve counties shall, in theCity and Connty of San Francisco, be performed by the Registrar of Voters for said city andcounty. .

Sw. 7. Every citizen of the United States, entitled by law to vote for members of theAssembly in thIS State, shall be entitled to vote for the adoption or rejection of this Consti­tution.

S"c. 8. The officers of the several counties of this State, whose duty it is, under the law, toreceive and canvass the returns from the several precincts of their respective counties, as well

xliv CONSTITUTION OF CALIFORNIA.

as of the City and County of San Francisco, shall meet at the usual places of meeting for suchpurposes on the first Monday after mid election. If, at the time of meeting, the returns fromeach precinct in the county in which the polls were opened have been received, the Board mustthen and there proceea to canvass the returns; but if all the returns have not been received,the canvass must be postponed from time to time until all the returns are received, or until thesecond Monday after saId election, when they shall p1'Ocee4 to make out returns of the votescast for and against the new ConstItutIOn; and the proceedmgs of said Boardll shall be the sameas those prescribed fOT like Boards ill the ease of an election for Goyernor. Upon the conple­tion of said canvass and returns, tile said Board shall immediately certify the same, in theusual form, to the Governor of tilE> State of California.

S;:c. 9. The Governor of the Stat" of Cahfornia shall, as soon as the returns of Baid el'lctionshall be received by him, or within thirty days after said election, in th" presence and withthe assistance of the Controller, Trea,surer, and Secretary of State, open :;ncl compute all thereturns received of votes cast for ,md agains~ the new Constitution. If, hy such examinationand computation, it is ascertained that a majJrity of the whole num1er of votes cast at suchelection is in favor of such new COllstitution, the Executive of this State shall, by his Focla­mation, declare such new Constitution to be the Constitution of the State of California, andthat it shall take effect and be in force on the days hereinafter specilied.

SEa. 10. In order that future elections in this State shall conform to the requirements of thisConstitution, the terms of all officers elected at the first election under the same shall be,respectIvely, one year shorter than the terms as fixed by law Or by this Constitution; and the suc­cessors of all such officers shall be elected at the last election before the expiration of the termsas in this section provided. The first officers chosen, after the adoption of this Constitution,shall be elected at the time and in the manner now provided by law. Judicial officers and theSuperintendent of Public Instruction shall be elected :;t the time and in the manner that Stateofficers are elected. .

SEC. 11. All laws relative to the present judicial system of the State shall be applicable tothe jUdicial system created by this Constitution until changed by legislation.

SEC. 12. l'his Constitution shall take effect and be in force on and after the fourth day ofJuly, eighteen hundred and seventy-nine, at twelve o'clock meridian, so far as the same relatesto the election of all officers, the commencement of their terms of office, and the mee ;lng ofthe LegIslature. In all other respeds, and for all other purposes, this Constitution shall takeeffect on the first day of January, eighteen hundred and eighty, at twelve o'clock meridian.

J. P. HOGE, President.Attest: EDWIN F. SMITH, Secr"tary.

A. R~ ANDREWS,JAMES J. AYERS,CLITUS BARBOUR,EDWARD BARRY,JAMES N. BARTON,C. J. BEERSTECHER,ISAAC S. BELCHER,PE'rER BELL,MARION BIGGS,E. T. BLACKMER,JOSEPH C BROWN,SAML. B. BURT,JOSIAH: BOUCHER,JAMES CAPLES,AUG. II. CH:APMAN,J. M. CHARLES,JOHN D. CONDON,C. W. CROSS,HAMLET DAVIS,JAS. E. DEAN,P. T. DOWLING,LUKE D. DOYLE,W. L. DUDLEY,JONATHAN M. DUDLEY,PRESLEY DUNLAP,JOHN EAGON,THOMAS H. ESTEY,HENRY EDGERTON,M. M. ESTEE,EDWARD EVEY,J. A. FILCHER,SIMON J. FARRELL,ABRAHAM CLARK FREKMAN,JACOB RICHARD FREUD,J. B. GARVEY,B. B. GLASCOCK,

DAVID LEWIS,J. F. LINDOW,JNO. MANSFIELD,EDWARD MARTIN,J. WES'r MARTIN,RUSH McCOMAS.JOHN G. McCALLUM,'rHOMAS MoCONNELL,SOHN McCOY,'rI-IOMAS B. MoFARLAND,HIRAM MILLS,WM. S. MOFFATT,.fOHN FLEMING MoNUTT,W. W. MORELAND,L. D. MORSE,JAMES E. MURPHY,EDMUND NASON,THORWALD KLAUDIUS NELSON,HENRY NEUNABI<JR,OHS. C. O'DONNEI,L,GEORGE OHLEYER,JAMES O'SULLIVAN,JAMES MARTIN PORTER,WILLIAM H. PI~OUTY,

M. R. C. PULLIAM,CHAS. F. REED,PA'rRICK REDDY,JNO. 1\11. RHODES,JAS. S. REYNOIJDS,HORACE C. ROLFE,CHAS. S. RINGGOI,D,JAMES MoM. SHAFTER,GEO. W. SCHELL,J. SCHOMP,RUFUS SHOEMAKER,E. O. SMITH,

CONSTITUTION OF CALIFORNIA. xlv

JOSEPH C. GORMAN,W. P. GRACE,WILLIAM J. GRAVES,V. A. GREGG,JNO. S. HAGER,JOHN B. HALL,THOMAS HARRISON,JOEL A. HARVEY,T. D. HEISKELL,CONRAD HEROLD,D. W. HERRINGTON,S. G. HILBORN,J. R. W. HITCHCOCK,J. E. HALE,VOLNEY E, HOWARD,SAM. A. HOLMES,W. J. HOWARD,WM. PROCTOR HUGHEY,W. F. HUESTIS,G, W. HUNTER,DANIEL INMAN,GEORGE A. JOHNSON,L. F. JONES,PETER J. JOYCE,J. M. KELLEY,JAMES H. KEYES,JOHN J. KENNY,C. R. KLEINE,T. H. LAINE,HENRY LARKIN,R. M. LAMPSON,R. LAVIGNE,H. M. LARUE,

BENJ. SHURTLEFF,GEO. VENABLE SMITH,H. W. SMITH,JOHN C. STEDMAN,E. P. SOULE,D. C. STEVENSON,GEORGE STEELE,CHAS. V. S'l'UART,W. J. SWEASEY,CHARLES SWENSON,R. S. SWING,D. S. TERRY,S. B. THOMPSON,F. O. TOWNSEND,W. J. TINNIN,DANIEL TUTTLE,P. B. TULLY,H. K. TURNER,A. P. VACQUEREL,WALTER VAN DYKE,WM. VAN VOORHIES,HUGH WALKER,JNO. WALKER,BYRON WATERS,JOSEPH R. WELLER,J. V. WEBSTER,JOHN.P. WEST,PATRICK M. WELLIN,JOHN T. WICKES,WM. F. WHrrE,H. C. WILSON,J08. W. WINANS,N. G. WYATT.

Editorial, LA Times 2011. Lies Don’t Keep us Safe. Keeping Us Safe Requires Respect for the Rule of Law and the Constitution. http://www.latimes.com/news/opinion/opinionla/la-ed-secrets-20110509,0,1681157,print.story, Retrieved May 10, 2011. Los Angeles Times, May 9, 2011, page A12.

Lies don't keep us safe, The government asserts national security as the reason it lied to a judge in a case about surveillance of Muslims in Southern California. But keeping us safe also requires respect for the rule of law and the Constitution.

May 9, 2011

U.S. District Judge Cormac J. Carney of Santa Ana, photographed here in 2005. (Mark Boster / Los Angeles Times)

Lying to a federal court carries a heavy price, but that didn't deter the U.S. Department of Justice from doing exactly that. Last month, U.S. District Judge Cormac J. Carney of Santa Ana revealed that the government lied to him in a case related to government surveillance of American Muslims in Southern California. The plaintiffs — including the Islamic Shura Council of Southern California and the Council on American-Islamic Relations — were seeking to obtain records that they believed would prove the FBI had been unfairly targeting Muslims in the area. Carney had asked government lawyers to provide him with all documents pertaining to the Freedom of Information Act request filed by the Muslim groups. Although the government initially provided some of the documents for the judge to review in chambers, it later admitted that it had intentionally withheld additional pages. "The government asserts that it had to mislead the court regarding the government's response to plaintiffs' FOIA request to avoid compromising national security," Carney wrote in an 18-page

Editorial, LA Times 2011. Lies Don’t Keep us Safe. Keeping Us Safe Requires Respect for the Rule of Law and the Constitution. http://www.latimes.com/news/opinion/opinionla/la-ed-secrets-20110509,0,1681157,print.story, Retrieved May 10, 2011. Los Angeles Times, May 9, 2011, page A12.

ruling. "The government's argument is untenable. The government cannot, under any circumstance, affirmatively mislead the court." Carney is right. There is no law that permits an individual or the government to lie to the court. To do so is to undermine due process and to prevent courts from enforcing laws. Yet for nearly a decade, the George W. Bush administration and now the Obama administration have used national security as it if were some of kind of fig leaf to cover a multitude of abuses. We understand that the government has a duty to protect secrets that would put the country in jeopardy if revealed. There are even exemptions under FOIA that the government may claim in order to avoid releasing documents it believes could damage the country's security. But that doesn't mean the government can mislead a court about the existence of those documents. Carney has said he will not seek sanctions against the government because he believes that though it was overzealous, it did not act in bad faith. His decision, like those of previous courts, is far too accommodating of the government's interpretation of the law. In this case, it is not even clear which statute the government was relying on because it has refused to disclose its legal reasoning. The government's decision to lie is even more absurd given that Carney never disputed that the documents in question should remain under seal. It is hard to take seriously the Obama administration's claim that keeping Americans safe requires that the government lie to the courts and the public. Keeping us safe also requires respect for the rule of law and the Constitution.

Copyright © 2011, Los Angeles Times

“The Job of the Congressman” “There are cases where an individual has been wrongfully treated by his government

and about the only way, unless the individual resorts to court, and even in some cases

the courts are not able to give proper relief, the only area or avenue open to the

individual is through his representative. When you find a bona fide error has been

made, I suggest that you make a maximum effort to remedy it. This I feel is a vital and

important function of those of us in the House of Representatives”.

Authors: Donald G. Tacheron and Morris Udall, from the book entitled, “The Job of the Congressman”, pages 65 and 66. (The above excerpt “The Job of the Congressman” holds true for any elected office holder, and/or U.S. citizen.) ************************************************************** U.S. Constitution: 14th Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. California Constitution: Article 1, Declaration of Rights Section 1: All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. Section. 2: All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. Section 3: The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land. Section 10: The people shall have the right to freely assemble together to consult for the common good, to instruct their Representatives, and petition the Legislature (any and every elected official) for redress of grievances. Etc:

Lofton, M. (2008). If You Succeed Inner-City Black Man, Woman, or Child, You Deserve a Medal of Honor, Valor… http://www.ireport.com/docs/DOC-47988, Retrieved February 24, 2009. CNN ireports.

Posted by: mll1127 // viewed 1,432 times

If You Succeed Inner-City Black Man, Woman, or Child, You Deserve a Medal of Honor, Valor.... If You Succeed Inner-City Black Man, Woman, or Child, You Deserve a Medal of Honor, Valor, a

Bronze Star, a Purple Heart, an Honorary Doctorate....

..... because it is quite an accomplishment to pull yourself up by your own bootstraps to succeed and make

something of yourself in inner-city Black America, for life in the 'Hood' can be quite perverted to say the least

Normal institutions of government that truly function in other communities are a colossal failure ,

free enterprise is virtually non-existent, the larger than life real criminal element walk free , the book of

criminal prosecution is reserved for low level criminals, far too often the innocent end up behind

bars, accused and punished, fined and criminally, indicted without just cause, are maimed or killed

by rogue police officers , and some of our own so-called university educated lawyers, and judges are

directly and/or indirectly responsible for this miscarriage of justice .

The community of the inner-city, the so-called university educated of middle, upper-middle, and the

affluent class of Black America are apathetic, and sometimes contribute to this perverted activity

through their own incompetence . (Los Angeles Superior Court Cases #C895188, #BS111697, and

#BC385899).

Furthermore, the so-called well connected university educated Black middleclass within the Black

community will defend and support the right to gainful employment for felonious criminal illegal

immigrants, will promote a hypocrite, while kicking to the curb the right to gainful employment, the

right to "Equal Justice and Protection Under the Law", "Due Process", other Federal and State

mandated U.S. Constitutional Protections, of truly law abiding U.S. born Black men and women who

have served this nation honorably in the U.S. military . (Los Angeles Superior Court Cases

Lofton, M. (2008). If You Succeed Inner-City Black Man, Woman, or Child, You Deserve a Medal of Honor, Valor… http://www.ireport.com/docs/DOC-47988, Retrieved February 24, 2009. CNN ireports.

#C895188, #BS111697, and #BC385899)

Heck, incompetent Black probation officers have placed minors, including infants, on probation in Los

Angeles County. University educated Black social workers have contributed to the destruction of the

traditional Black family structure, by breaking up two parent families, without legal authority, where neither

parent nor any child has been proven to be criminal, insane, incorrigible, and/or incompetent in any court

jurisdiction within the United States of America. (Los Angeles Superior Court Case #C895188)

In regards to the so-called Christian Community of Black America , lack of genuine Christian thought

and action are nonexistent for the ministers, far too often, are only concerned about number one, the

various church congregations contribute tidings to support these greedy, jack-leg, poverty pimping

preachers, beyond belief, and the churches have become huge arenas to increase the size of gate

receipts. The churches of Black America, may very well lose their tax exempt status, for the many

churches of inner-city Black America function like banking institutions, for the benefit of a few, at

the expense of those who contribute their hard earned tidings, and this violates the very reason for

tax exemption status. The church is exempt from taxation, solely for the purpose of uplifting its' people,

meaning U.S. born Black people in this instance. The so-called civil rights organizations do more harm

than good, in that they too, have failed to truly represent truly law abiding Black people, who are U.S.

citizens by birthright, who have legitimate causes, claims, etc.

The self-serving elitist inner-city elected leadership of Black America do not serve inner-city Black

America at all, and many times these so-called elected leaders play games , use false pretenses to

hold elected office , and pimp the community, just like the jack-leg sacrilegious preachers.

The actions of the policing authorities and court officers (judges, public defenders, city attorneys)

take advantage of this golden opportunity afforded them, due to lack of true representation in our

community, and many times blanket Black people, who are U.S. citizens by birthright, as the criminal

element...with or without valid evidence.

Far too many individuals from our own legal community be it a civil, criminal, and/or public defender

attorney, who are also Black like you and I, will side with the opposition, rather than competently represent

law abiding Black U.S. citizens, and/or others who, or whom, have been violated by very serious atrocities of

government, have been falsely accused, and/or illegally incarcerated. (Los Angeles Superior Court Cases

#C895188, #BS111697, and #BC385899)

Even the journalism community of Black America (for instance the Los Angeles Sentinel, which

claims to be 'The Largest Black Owned Newspaper in the West) prints falsehoods about U.S. citizens

of Black American heritage, with prior knowledge of the truth.

On the topic of the pseudo civil rights organizations, such as the NAACP, which should now be named the

national association for the advancement of certain people instead of the national association for the

advancement of colored people, for the former description surely fits.

Any Black man, woman, or child resident within the "Hood", who is a U.S. citizen by birthright, who

makes something of his/her self, in spite of all the shortcomings of inner-city Black America,

deserves a medal of valor, a medal of honor, the Purple Heart, a Bronze Star, and an Honorary

Doctorate, just for making it out of inner-city Black America alive and/or unscathed, in view of all the

Lofton, M. (2008). If You Succeed Inner-City Black Man, Woman, or Child, You Deserve a Medal of Honor, Valor… http://www.ireport.com/docs/DOC-47988, Retrieved February 24, 2009. CNN ireports.

negatives of living in the 'Hood'.

If we as Black people, who are U.S. citizens by birthright, are to have any future at all, here in the United

States, we all must roll up our sleeves and really take an active part in changing this picture, for the future

posterity of Black America rests on what each one of us do today, to make inner-city Black America, and/or

any other similar economically deprived and misrepresented community predominated by Black people, a

better place to live.

Sincerely,

Michael Lofton

*******************************************

P.S.

"Why? would you be such a disgrace it is ok to disagree with people but to put a noose that signifies

such hate and ill against the african american race your no better off then the people who are

inflaming hate against minorities." by Woman4Obama

Like it or not, the noose is very appropriate and it is staying.

....the jailing, fining, and/or unlawful violation of the U.S. citizenship rights of law abiding citizens is a

travesty, truly unlawful acts that are not supposed to take place in the great United States of

America. Furthermore this blatantly unlawful activity predates our present "1 TRILLLION DOLLAR

TAXPAYER BAILOUT" economic crisis.

.....more likely, the U.S. and its' institutions of government have failed law abiding individuals being U.S.

citizens like me, the Lofton family, Carl Steadman, and/or other law abiding individuals, through a no good

set of treasonous elected officials such as Senator Barack Obama, 10th District Los Angeles City

Councilman Herb Wesson, 2nd District Los Angeles County Supervisor "Brentwood" Burke, Congressman

William Jefferson, former 10th District Los Angeles City Councilman Nate Holden, Senator Diane Watson,

Congresswoman Maxine "Kerosene" Waters, Los Angeles City Councilman Bernard Parks, Marc "little

Napoleon" Ridley Thomas, the now felon former City Councilman Lou Bird, Detroit Mayor Kwame Kilpatrick,

etc., etc.

........and a mountain of evidence proves this to be true!

....and since in 2008, Barack Obama has not proven himself worthy of my vote it is my decision to

refrain from voting for Barack Obama!

Tags: black_in_america

In response to assignment: Black in America

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

Posted by: mll1127 viewed 478 times

The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership!

What about the noose that Black America's own no good treasonous, despotic, misfit leadership, and the typical Black middleclass who praise this misfit set...... ...the noose applied to illegally deprive truly innocent, and law abiding Black people of their Constitutional rights, individuals who are U.S. citizens by birthright?????....... ............. while giving praise to the sleazy, the greedy, the unethical, the blatantly criminal, and/or criminal illegal immigrants!!!! Some people would say that I'm crazy, but most would say just the opposite , because credit should only be given where it is due. Since Martin Luther King, the NAACP, Jesse Jackson, SCLC, PUSH, the Congressional Black Caucus, the so-called Black middle class, are not in any way responsible for my success, and/or anyone in my circle, then credit in this instance is truly deserving as applied to : 1. My parents.

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

2. My own effort to succeed. 3. A few teachers. 4. A few friends who have helped me along the way. 5. Any Doctor, Doctors, Hospital such as Kaiser Permanente WLA or Johns Hopkins who helped to save my life.. 6. Any co-worker who has helped me along the way. 7. Any stranger who went beyond the call in making my day. 8. Joe Pyne and the sponsors of Joe Pyne Talk Radio Show, KTTV, Channel 11 9. One lone Black woman who made it her business to help re-unite my immediate family, the exception being one of my sisters, who spent at least eighteen years of her life, from the time that she was a toddler, to be hidden and passed between deceitful Black foster parents to keep the AFDC benefits flowing, in the 35th Congressional District, Congresswoman Maxine "Kerosene" Water's district, in South Central Los Angeles. ( 35th Congressional District map) 10. The Daily News for printing the truth about my family as opposed to the many falsehoods that Black journalists employed by the Los Angeles Sentinel couldn't publish the story straight even if the author gave it to them verbatim. 11. Booker Griffin, of KGFJ Black radio station..... " Griffin, Booker: KGFJ. Booker was a graduate of Baldwin-Wallace College in Berea, Ohio, and in 1962 moved to Los Angeles, where he started with Motown Records and was a volunteer in the presidential campaign of Robert F. Kennedy. Booker was an African American activist who, after the 1965 Watts riots, wrote and helped design programs for the Westminster Neighborhood Association in Watts. Booker died July 4, 1993, after suffering a diabetes-induced stroke at the age of 55." ......who helped to provide public exposure for one of my immediate family members in a bid to unseat, the no good Buffoon in an elected office holder,

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

former Los Angeles City Councilman Nate Holden. It will be a "Cold Day in Hell" before I will ever give credit for my success, and/or any of my immediate family members success to any: 12. No good treasonous Black social worker who aided and abetted in the destruction of my immediate family for profit. 13. Deceitful Black foster parents who without legal authority used my brothers, sisters, and I, to collect AFDC benefits, to pay down on their mortgage, pay down on personal luxuries, finance that private education for their offspring, etc., through the destruction of any law abiding Black family, such as the Lofton family, for their own personal financial gain. 14. Any poverty pimping jack-leg Black preacher. 15. Any game playing and deceitful Black elected official in an illegal immigrant Merv Dymally, ............Accusing the truly oppressed of being vexatious litigants to deny valid redress ................... no good sleazy and treasonous former Los Angeles County Second District Supervisor Yvonne* " Brentwood Burke" , Los Angeles City Councilman Herb Wesson, Congresswoman Diane Watson, Los Angeles County 2nd District Supervisor Mark Ridley Thomas , Los Angeles City Councilman Bernard Parks, Rod Wright, Maxine "Kerosene" Waters, etc., etc., etc., etc., etc., etc., etc., etc., etc., etc. 16. The owners, and journalists affiliated with the Los Angeles Sentinel Newspaper , the largest Black owned worthless newspaper on the planet. 17. The leadership of the NAACP, which is sleazy at its best . 18. Any Dr. Martin Luther King, who again has absolutely no connection to my success. Mind you back in the day the destruction of the Black family structure for profit surely existed. Mind you just as surely as Caucasians disregarded the rights of Black people, the same and/or worse can be said about Black people who show contempt for the rights of other Black people, who have not infringed upon their rights in any way.

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

19. Those Black social workers who falsely accused my parents of kidnapping their own offspring, who would go to any length to summons police officers to arrest my Dad, and Mom for the erroneous charge of kidnapping their own flesh and blood, which is the height of disregard for the traditional Black family unit. 20. That no good Black social worker, who summons policing authorities to drag my parents out of the house, while in their pajamas, at 4 A.M. in the morning, on a bogus recommendation to commit both of them to section 95, which is insanity court. Mind you, my parents belief in themselves, and the value that Caucasians have in respect for the laws on the books, ruled my Dad and Mom both sane and competent. If left up to Black people my Dad and Mom would have been confined to an insane asylum. 21. Last but not least that Black probation officer, who places minors, including infants on Probation. The minors, and infants, in this instance being my immediate family members. All the above occurred during the height of the civil rights movement, and/or during the 1970's, to which virtually every Black elected official, Civil Rights Organization, Dr. Martin Luther King, many Black Preachers, were made aware of these very serious and un-American atrocities, as it relates truly un-American practices of breaking up law abiding Black families for profit. Not a one of these individuals spoke up, too even so much as use five minutes out of their day to respond to these very serious atrocities, as it relates to the unwarranted destruction of the Black family structure for profit by other Black people. Just as in contemporary times, it is very popular for that civil rights movement, or prominent leader, in a Dr. Martin Luther King, a deceitful Reverend Jesse Jackson, an NAACP, PUSH, the Congressional Black Caucus, many of the so-called Black middle class, to show contempt toward Caucasians for very serious civil or criminal law violations, but when it comes time to hold any Black people who fit this description accountable for the civil or criminal law violations that Black people perpetrate on other Black people, this message board, any room, the Black Church, a football stadium filled with Black folks, etc., become so quiet, you would think that the lights are on, and no one is present, or should the victim protest, he is called an Uncle Tom, referred to as being insane, ridiculed, etc.

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

..... Again, I only give credit where it is due, to which it should be plain as day as to where my loyalty rests, and who my heroes are, which do not include Dr. Martin Luther King, Reverend Jesse Jackson, any game playing Black elected official, the Los Angeles Sentinel, any Black social worker, any Black probation officer, any Black foster parent, the NAACP, any jack leg poverty pimping Black preacher and their chitterling eating deceitful deacons, and/or any defenders of any of these disgraceful individuals, from any misfit set from within the Black community. ...........Not that I've written off all of Black America, ....and Caucasian America, and/or other U.S. citizens, like always I'm making it possible for you to stay tuned. It is certain that you have been following the Lofton story for many years. There is no question that the so-called Black university educated, Black America's own elected leadership have failed, because the reality of it speaks for itself. The defendants being the LAUSD, in Los Angeles County Case C#895188, to which a mountain of evidence exists to prove that the Los Angeles Unified School District, is in fact guilty as charged. The question still remains as once again, ..... upon meeting at that fork in the road, Are there Any Rights that the Truly Law Abiding of Black America have that Mandate Respect? Dread Scott came to this same fork back in the day, to which the reality of the answer was no. In light of the fact that Black people have served honorably in WWI, one being my Dad an honorably discharged Buffalo Soldier combat veteran of WWII, the Korean War, the Vietnam War, Desert Storm, one being one of my brothers an honorably discharged Naval War veteran of Desert Storm, and now Iraq. I seek answers to this question, to determine whether the American Flag, the Principles for which this nation stands, the Pledge of Allegiance, the U.S. Constitution, the "Bill of Rights", "Equal Justice and Protection Under the Law", "Equity in the Courts", etc. , in fact exist for me, and/or my posterity, to which this truth rests heavily on the outcome of Los Angeles Superior Court Cases #C895188, #BS111697, and #BC385899.

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

The United States of America, being the greatest, fairest, most promising land of opportunity in the world, is great because of the good nature of the majority of people who live here. More so than not, the truth always prevails, and so far I'm really encouraged to stay on course, because this great nation has yet to fail the Lofton family. The misdeeds of a few citizens, as strongly evidence by the blatant incompetence of some Black people in positions of responsibility, the unwarranted character assassinations as evidenced by a few directed at my Dad, Mom, other family members, and/or I,....... ........are not the fabric, the essence, the purpose of what it means to be a U.S. citizen in this great nation. The many voices to the contrary, exceed the garbage that has been thrown my direction by more than a few Black people, by leaps and bounds. Should the facts present themselves, and/or should the American people pass judgment, it is certain that this cause will not be quashed by the negative responses that I have received from those who are Black like me, who again make statements they cannot prove. Thanks to the deceit, greed, and gross incompetence of more than a few Black people, indeed much of my childhood and that of my brothers and sisters was ruined. I credit the outstanding initial eleven years of my life to my parents. My parents being both credentialed school teachers, are indeed responsible for my success story as to what I have made of my life. Nothing but destructive activity came out of the truly unwarranted and blatantly illegal break up of the Lofton family for profit, on the part of sleaze, greed, and ignorance that surely exists within the Black community. Although my sisters, brothers, and I were used by the greed, deceit, and blatant incompetence of Black social workers, Black preachers, foster care providers, and/or probation officers to make money off of another's family members, this was not the worst of it. The worst of it, is that both of my parents were subjected to this foolishness, in serving unearned, unwarranted jail time, and not be faced by their accuser(s), and/or "unequal justice and protection under law", to which Caucasian America, Storm Front, Protest Warriors, the KKK, the Aryan Nation, etc., are in no way responsible for

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

this very unethical, truly destructive to the Black family unit, criminal, blatantly illegal, truly un-American, and/or very treasonous activity. Court records, signed affidavits, the issue that both of my parents were ruled sane and competent, rebut all the perjured testimony that stems from those of deceit from within the Black community who have perpetrated these very serious atrocities on truly law abiding U.S. citizens of Black American heritage, who are also Black like them. A few individuals may attempt to quash this reality, but again this information if both true and factual. Furthermore, it can be augmented by additional information as published by a very reputable newspaper in the Los Angeles Daily News, to which again both the perpetrators and the victims are Black. ...but I presume this too, meaning the Los Angeles Daily News is just a racist paper, racist for publishing court documented, easy to validate, criminal, unethical, treasonous and/or un-American activity that definitely takes place in the Black community. .....mind you, to date, neither of my parents have been found to be criminal, unfit, insane, or otherwise, in any court jurisdiction in the U.S. My Dad passed in July of 2003, to which none of the foolishness, as expressed by the deceitful can dishonor the truth, the honor that my Dad carried with him during times of battle during WWII, or here in the states, as it concerns his family. You won't find any publication discrediting my Dad's character, destroying his good name, etc., as expressed about Reverend Jesse Jackson, Michael King, and/or jackleg set of individuals from the Black community. The same can be said for all of my brothers and sisters, in that not a one of has been found to be criminal, insane, incorrigible, etc., anywhere with the U.S. In the U.S., the innocent are not supposed to lose rights to their property, freedom, and/or any family relationship, etc., unless it can be proven that they are criminal, insane, and/or incompetent. Best wishes to those whose have read, and shared their input, without resorting to cheap shots, name calling, foul language, which is not a reflection on the reader, but rather a reflection on those who make the statements in any cheap shot, name calling, foul language, etc., which has yet to rebut the material, or

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

discredit this very serious reality. ......on another note, it pays to be a U.S. citizen provided you are competently represented , otherwise U.S. citizenship would have little if any value because.... The NAACP, The Typical Black Elected Leadership, the Black Clergy, far too many Black lawyers........ .......will bend over backwards to serve individuals, such the Black firefighter, in a Tennie Pierce, who: A. is tricked into eating a spaghetti dinner laced with dog food by Caucasian and/or other firefighters. B. also participated in hazing of fellow firefighters. C. is gainfully employed as a firefighter. D. has not been unlawfully and egregiously violated by agents and officials of government. E. has not been subjected to illegal and unwarranted penal incarceration, fines, and/or convictions. .........but in proven instances where truly innocent law abiding U.S. citizens who are also Black, such as the Lofton Family, Carl Steadman, are truly violated by the criminal, illegal, and wrongful actions of agents and officials of government, be it in Los Angeles County or otherwise, through: F. illegal and unwarranted penal incarceration and fines. G, illegal and unwarranted violation of property rights. H. illegal and unwarranted break up of the Black family structure. I. illegal, unwarranted, and very serious defamation of the good character through unearned misdemeanor, and/or felony criminal convictions. J. serious unlawful and unwarranted violation of the U.S. and/or State Constitutional civil rights.....

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

........to which the individuals in categories F, G, H, I, J, K, M, N, and/or P, who need competent representation in an elected representative.... ....... The Typical Black Elected Leadership,......... .......... the so called Black clergy, the typical Black middleclass, numerous Black lawyers, journalists from the Los Angeles Sentinel Newspaper, and/or the notoriously fake and phony NAACP: K. trash legitimate petitions for redress. L. play games of deceit . M . join the ranks of the perpetrators to trash the lawful rights of the truly innocent, or all call for valid redress fall on deaf ears. N. use false pretenses to hold elected office at the expense of the law abiding O. are blatantly incompetent, and/or criminal. P. bend over backwards to discredit or defame the good character of the truly innocent. Q. Refer to the oppressed or the individuals victimized by the atrocities of government as being vexatious litigants, as a lame excuse to shirk their own sworn under oath of office duty to protect the lawful rights of the innocent, the victim(s), the truly oppressed. A most important function of any elected representative is to serve the people, protect the rights of any law abiding individual against rogue police officers, unethical or criminal public servants, etc . Mind you, any individual so violated has the duty and the right to file a formal petition against government for redress. Just as the individual is mandated to respect the law, agents and officials of government sworn under oath must respect the law. It sure would be grand if an individual who commits a felony against another, or against the People of the State of California, or any other jurisdiction, is excused

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

of any liability, after admitting guilt, after being proven guilty in court, to which the penalties are heavy fines and/or penal incarceration for his or her actions....... ........ and because the People of the State of California, or any other jurisdiction, have been vexatious litigants for holding the wrong doer(s) accountable, the perpetrator is excused from any liability. Slim chance exists that any citizen who violates the law, who is proven to have violated the law in court, will be excused from paying a fine, and/or serving jail time, because one or more City Prosecutors are vexatious litigants. More so than not, the persistence of any District Attorney, City Attorney, City Prosecutor will increase the probability, of the proven guilty to pay stiff fines, and/or serve time behind bars. Why any elected Black leader would conspire to oppress plaintiffs, the plaintiffs being Black like them..... .......Plaintiffs who prove that a government entity or public official has seriously violated the law, make the elected official so described truly treasonous and a despot, when more so than not, Black men and women are defendants in civil and/or criminal court. .......... any one of the foregoing and/or any combination thereof, as described in K, L, M, N, O, P, and/or Q, make the Black community a deadly and regressive community. Sincerely, Michael Lofton ********************************* P.S. "Why? would you be such a disgrace it is ok to disagree with people but to put a noose that signifies such hate and ill against the african american race your no better off then the people who are inflamming hate against minorities." by Woman4Obama Like it or not, the noose is very appropriate and it is staying.

Lofton, M. (2008). The Reality of Black America's Despotic, Sleazy, Misfit, and Criminal Elected Leadership! http://www.ireport.com/docs/DOC-37187, Retrieved February 24, 2009. CNN ireports.

....the jailing, fining, and/or unlawful violation of the U.S. citizenship rights of law abiding citizens is a travesty, truly unlawful acts that are not supposed to take place in the great United States of America. Furthermore this blatantly unlawful activity predates our present "1 TRILLLION DOLLAR TAXPAYER BAILOUT" economic crisis. .....more likely, the U.S. and its' institutions of government have failed law abiding individuals being U.S. citizens like me, the Lofton family, Carl Steadman, and/or other law abiding individuals, through a no good set of treasonous elected officials such as Senator Barack Obama, 10th District Los Angeles City Councilman Herb Wesson, 2nd District Los Angeles County Supervisor "Brentwood" Burke, Congressman William Jefferson, former 10th District Los Angeles City Councilman Nate Holden, Senator Diane Watson, Congresswoman Maxine "Kerosene" Waters, Los Angeles City Councilman Bernard Parks, Marc "little Napoleon" Ridley Thomas, the now felon former City Councilman Lou Bird, Detroit Mayor Kwame Kilpatrick, etc., etc. ........and a mountain of evidence proves this to be true! Tags: black_in_america In response to assignment: Black in America

Lofton, M. (2009). More so than Racism, the Crippling Putdowns of Black leaders, Keep the Black Community Down. http://www.ireport.com/docs/DOC-217730, Retrieved February 24, 2009. CNN ireports, 2009.

More so than Racism, the Crippling Putdowns of Black leaders, Keep the Black Community Down!

The Urban League's Campaign to Keep Blacks Down By Stuart M. Butler, LA Herald Examiner, January 29, 1988

Posted by: Steadman1127

To borrow a phrase, there they go again: The National Urban League, in its annual review of the " State of Black America" once again presents a dismal picture of black progress. Sweeping aside the steady decline in the black poverty rate, solid employment gains and dramatic successes by black self-help organizations, Urban League President John Jacob- taking the position that every silver lining must have a

Lofton, M. (2009). More so than Racism, the Crippling Putdowns of Black leaders, Keep the Black Community Down. http://www.ireport.com/docs/DOC-217730, Retrieved February 24, 2009. CNN ireports, 2009.

dark cloud- declared the condition of Black America to be "deceptively grim." The Reason? It's because of Ronald Reagan, alleged reductions in federal programs and racism. Jacob's solution? Vote Democratic and get that federal cash flowing again. The depressing thing about the Urban League report is not so much its predictable litany of misinformation, but the damaging message it sends to blacks. By ignoring evidence to the contrary, the report shows itself to be just another partisan attack on economic policies that have been good for blacks and all other Americans. John Jacob is, of course, right to be concerned with the enormous gap between black and white unemployment rates. The gap has been growing steadily since the 1950s, despite the dramatic increase in federal aid to blacks during that period. Among teen-agers, the black and white unemployment rates were virtually the same in the 1950s. In fact the rate was lower for 16 and 17 year-old blacks back then, though the overall black unemployment rate has fallen 2 percentage points since 1986. Why are so many more blacks unemployed than whites? Does Jacob seriously think racism is more prevalent now than in the '50s? Look at minimum-wage laws that bar employers from hiring low skilled black youths. Look at welfare programs that have produced a non-working ghetto underclass. Trying to lay the blame for the black-white unemployment gap on Ronald Reagan's shoulders is a crude, politically motivated rewriting of history. Worse is the message the report provides for black Americans. In essence, it says: "You are unable to make progress without the right white man in the White House, and without being propped up permanently by White America, and without being given job preference through affirmative action." If a white leader suggested anything like that, he would be denounce-correctly-as a racist. When Jacob points in that direction he is hailed as a statesman. It's about time the Urban League and other leading black organizations put aside the guilt-laden rhetoric of the '60s. They should begin to recognize that the problems of blacks have little to do with which white politicians run the government and more to do with the crippling putdowns from black leaders, and the crushing dependency their rhetoric has spawned. With blacks being told repeatedly by their leaders that they cannot make it on their own, is it any wonder some of them believe it?

Lofton, M. (2009). More so than Racism, the Crippling Putdowns of Black leaders, Keep the Black Community Down. http://www.ireport.com/docs/DOC-217730, Retrieved February 24, 2009. CNN ireports, 2009.

The Urban League should ask itself why Koreans, with no special federal programs or political clout, can open shops in the poorest black neighborhoods and make a success of them, yet local blacks cannot. The Urban League should wonder why teen-age Vietnamese boat people, who spoke no English five years ago, can top today's high-school English classes. The reasons are quite simple. The new Asian immigrants consider welfare an insult, and are prepared to work 70 or 80 hours a week to improve themselves. They make sure their kids work hard in school-and do not drop out. They keep their families together. And those who are successful are usually willing to lend a financial hand to those who are still struggling to make it. The Urban League should be sending the same message to black Americans. It should be encouraging the new black middle class to pour some of its resources back into the ghetto and to patronize black owned businesses, rather than focusing exclusively on becoming members of the local white country club or becoming the token blacks on some corporate board. It should be recognizing the heroism of people like Joe Clark, the tough Paterson, N.J., high-school principal, who refuses to accept excuses and has turned an inner-city blackboard jungle into a center of excellence. Or Kimi Gray and the other residents of Kenilworth-Parkside public housing project in Washington, D.C., who manage their own project, and through tough love and hard work have created businesses and jobs, and dramatically cut welfare dependency and teen-age pregnancy. If the National Urban League needs its annual reviews and called press conferences to highlight what blacks have done and can do, and spent more time learning from the successes of other groups, it could play a major role in providing solutions for black America. Instead, today's Urban League is a major part of the problem. ********************************** Mind you, many of the problems and solutions of black America , as expressed by Stuart M. Butler, are just as true today . Tags: black_in_america