the execution of the sentence, or grant a further reprieve. The governor shall communicate to the legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the governor nor the legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of felony, unless upon the written recommendation of a majority of the judges of the Supreme Court.

Const. 1849, Art. V, Sec. 13.

A person pardoned by the governor on condition that he forthwith leave the state and never return thereto, will not be discharged on habeas corpus when it appears that he has again been taken into custody after his release, and has remained in the state after reasonable time has elapsed for his departure from it. Ex parte Marks, 64 Cal. 30.

Penal Code, section 1590, giving to prisoners certain deductions from their term of sentence for good conduct is constitutional, and is not an infringement of the right of the governor to pardon. No order from the governor is necessary to entitle a prisoner to his discharge under said section. Ex parte Wadleigh, 82 Cal. 518.

ARTICLE VIII.

MILITIA.

SECTION 1. The legislature shall provide, by law, for organizing and disciplining the militia, in such manner as it may deem expedient, not incompatible with the constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the governor. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.

Const. 1849, Art. VIII, Secs. 1, 2, 3.

118 120 121 22

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

ARTICLE IX.

EDUCATION.

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

Const. 1849, Art. IX, Sec. 2.

Education of the youth is properly included within functions of a municipal government, and it is for the legislature to determine the extent to which it will confer upon such corporation any power to aid it in the discharge of the obligation which the constitution has imposed upon the legislature. In each of the free-holders' charters that have been approved by the legislature an educational department has been established. School houses are essential aids in promotion of education, and their creation falls as completely within municipal government as does erection of hospitals or buildings for fire engines, and when erected, are as fully municipal buildings. (Distinguishing Kennedy v. Miller, 97 Cal. 429.) Wetmore v. City of Oakland, 99 Cal. 146.

SECTION 2. A superintendent of public instruction shall, at each gubernatorial election after the adoption of this constitution, be elected by the qualified electors of the state. He shall receive a salary equal to that of the secretary of state, and shall enter upon the duties of his office on the first Monday after the first day of January next succeeding his election.

Const. 1849, Art. IX, Sec. 1.

An amendment to section 1552, Political Code, March, 1889, provides that each superintendent of public instruction shall receive his actual and necessary traveling expenses, to be paid out of the county

general fund, not to exceed ten dollars per district per annum. Held, not to be an unlawful increase of the salary of the office. Kirkwood v. Soto, 87 Cal. 394.

Section referred to in Barton v. Kalloch, 56 Cal.

101.

SECTION 3. A superintendent of schools for each county shall be elected by the qualified electors thereof at each gubernato rial election; provided, that the legislature may authorize two or more counties to unite and elect one superintendent for the Counties so uniting.

Referred to in Barton v. Kalloch, 56 Cal. 102.

SECTION 4. The proceeds of all lands that have been or may be granted by the United States to this state for the support of common schools which may be, or may have been, sold or disposed of, and the five hundred thousand acres of land granted to the new states under an act of congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leav ing a will or heir, and also such per cent. as may be granted, or may have been granted, by congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the

state.

Const. 1849, Art. IX, Sec. 2.

School moneys properly are retained in county treasury, and not subject to call of city treasury. Kennedy v. Miller, 97 Čal. 429.

The constitution does not prohibit aliens who have never been residents of this state from being heirs. (See Secs. 671, 672, C. C., and Sec. 17, Art. I.) State v. Smith, 70 Cal. 153.

The property of a deceased the state if he leaves heirs.

person does not vest in Lyons v. State, 67 Cal.

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SECTION 5. The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

Const. 1849, Art. IX, Sec. 3.

The purpose is to maintain school within the district.

An incorporated town being formed of part of a school district and school being maintained in the town by the school trustees, but no school being maintained in that part of district not included in the town, does not entitle the trustees to draw county money apportioned to the district. Bay View S. District v. Linscott, 99 Cal. 25.

School moneys are properly retained in county treasury and not subject to deposit in city treasury. Kennedy v. Miller, 97 Cal. 429.

The general law as contained in the Political Code controls the provisions of a special charter of San Francisco in relation to public schools. Kennedy v. Board of Education, 82 Cal. 483.

Section referred to in construing Traylor act (Stats. 1880 p. 105) in Earle v. Board of Education, 55 Cal. 489. This section is not self executing. People v. Board of Education, 55 Cal. 331, 334.

SECTION 6. The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools and technical schools as may be established by the legislature, or by municipal or district authority; but the entire revenue derived from the state school fund, and the state school tax, shall be applied exclusively to the support of primary and grammar schools.

As to school moneys, see Kennedy v. Miller, 97 Cal. 429. The section defines what are public schools of the state (Abeel v. Clark, 84 Cal. 226, 229,) and is not self executing. People v. Board of Education, 55 Cal. 331, 334.

SECTION 7. The governor, superintendent of public instruction and the principals of the state normal schools, shall constitute the state board of education, and shall compile, or

SECTION 7, [Art. IX.] The governor, the superintendent of public instruction, the president of the University of California, and the professor of pedagogy therein, and the principals of the state normal schools, shall constitute the state board of education, and shall compile, or caused to be compiled, and adopt, a uniform series of text books for use in the common schools throughout the state. The state board may cause such text books, when adopted, to be printed and pub. lished by the superintendent of state printing, at the state printing office, and when so printed and published, to be distributed and sold at the cost price of printing, publishing and distributing the same. The text books so adopted shall continue in use not less than four years; and said state board shall perform such other duties as may be prescribed by law. The legislature shall provide for a board of education in each county in the state. The county superintendents and the County boards of education shall have control of the examination of teachers and the granting of teachers' certificates within their respective jurisdictions. .[Amendment ratified at

the tout-hooks

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rectly or indirectly, in any of the common sens state.

Where a minor has been convicted of misdemeanor in the police judges' court, San Francisco,