cities and towns thereof, from the burdens and evils arising from the presence of aliens who are, or may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contageous 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 such persons may 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 in this section shall be construed to impair or limit the power of the legislature to pass such police laws or other regulations as it may deem necessary.

An act to provide for vaccination of all persons attending or who desire to attend public schools, is within the police and sanitary powers of the legislature. Abeel v. Clark, 84 Cal. 227.

It is not competent for the legislature, under the elaim of police power, to enact a law punishing a physician who has been decided to be competent to practice, and a certificate issued to him, for what is styled "unprofessional conduct," and as advertising himself as a specialist in certain diseases. That a rule of professional conduct by a board of medical men prohibiting such advertisements, and declaring them unprofessional, can be declared a misdemeanor and punished, would extend the police power beyond whatever has been allowed. (Per Thornton, J.) That the legislature had no power to confer upon a board or officer power to prescribe what acts shall constitute a misdemeanor as held in Ex parte Cox, 63 Cal, 21, commented on per Paterson, J. Ex parte McNulty, 77 Cal. 164.

The supplemental act of April 1, 1878, (Stats. p. 918) to regulate the practice of medicine, is not wholly unconstitutional. Citing Ex parte Frazer, 54 Cal. 94.

SECTION 2. No corporation now existing or hereafter formed under the laws of this state, shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian. The legislature shall pass such laws as may be necessary to enforce this provision.

SECTION 3. No Chinese shall be employed on any state, county, municipal, or other public work, except in punishmeut for crime.

SECTION 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the state, and the legislature shall discourage their immigration by all the means within its power. Asiatic coolleism is a form of human slavery, and is forever prohib ited in this state, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and town of this state for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits, 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.

Admission of Chinese children to public schools. Tape v. Hurley, 66 Cal. 473.

ARTICLE XX.

MISCELLANEOUS SUBJECTS.

SECTION 1. The city of Sacramento is hereby declared to be the seat of government of this state, and shall so remain until changed by law; but no law changing the seat of government shall be valid or binding unless the same be approved and ratified by a majority of the qualified electors of the state voting therefor at a general state election, under such regulations and provisions as the legislature, by a two-thirds yote of each house, may provide, submitting the question of change to the people,

Const. 1849, Art. XI, Sec. 1.

The proposed amendment of this section by which it is intended to make San Jose the capital, upon condition that ten acres of land and one million dollars be donated to the state, and the approval of the governor, secretary of state and attorney general, of the site, does not effect a removal although it also

declares San Jose to be the seat of government. The vote of the people would not have the effect of making the change. Such vote could only act on the amendment as proposed, which would do away with the present seat of government, without the selection of a new one. Paterson and McFarland JJ., also holding that the seat of government cannot be changed by an amendment to the constitution. Livermore v. Waite, 36 Pac. Rep. 424.

SECTION 2. Any citizen of this state who shall, after the adop tion of this constitution, fight a duel 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 in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution.

SECTION 3. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the office of

best of my ability."

-, according to the

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

Const. 1849, Art. XI, Sec. 3.

As to form of oath and where same is to be filed, member of board of health of San Francisco partakes of the nature of both a state and local officer. Oath filed with secretary of state was sufficient compliance with law to defeat proceedings in the nature of quo warranto. (Secs. 904, 907, 3004, 3007, Pol. Code.) People v. Perry, 79 Cal. 105.

SECTION 4. All officers or commissioners whose election or appointment is not provided for by this constitution, and all officers or commissioners whose offices or duties may here

after be created by law, shall be elected by the people, or appointed, as the legislature may direct.

Const. 1849, Art. XI, Sec. 6.

Appointment to office is not exclusively an "executive" function, but so far as not regulated by express provision of the constitution, may be regulated by law, and may be exercised by the legislature. People ex rel Waterman. Freeman, 80 Cal. 233.

By an amendatory act of 1889 (Stats. p. 148) the legislature authorized the police commissioners of Sacramento to appoint additional policemen. The act was void as in conflict with subdivision 28, section 25, article IV. It is also apparent from sections 4, 16, article XX, that the creation of offices is to be accomplished by the legislature directly, but it cannot be done by special legislation. Farrell v. Board of Trustees, 85 Cal. 408., Beatty, C. J., dissenting, Works and Fox, JJ., concurring, but not deciding that the legislature might not amend a special charter by a special act in a matter which is not prohibited by the constitution.

SECTION 5. The fiscal year shall commence on the first day 117 699 of July.

Const. 1849, Art. XI, Sec. 8.

The fiscal year ends on the 30th of June. Rollins v. Wright, 93 Cal. 395; Brown v. Clark, 89 Cal. 200.

SECTION 6. Suits may be brought against the state in such manner and in such courts as shall be directed by law.

Const. 1849, Art. XI, Sec. 11.

SECTION 7. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.

Const. 1849, Art. XI, Sec. 12.

SECTION 8. All property, real and personal, owned by either husband or wife before marriage, and that acquired by either of them afterwards by gift, devise, or descent, shall be their separate property.

Const. 1849, Art. XI, Sec. 14.

118 489

120 375

"Afterwards" means after the marriage and before dissolution thereof. The earnings of the husband subsequent to the dissolution are neither community nor separate property. In re Spencer, 82 Cal. 110.

SFCION 9. No perpetuities shall be allowed except for eleemosynary purposes.

Const. 1849, Art. XI, Sec. 16.

This section is a renewal of section 16, article XI, of constitution of 1849. The perpetuities here prohibited are such as were obnoxious to the common law, as the same is adopted in this state by act of April 13, 1850. (Stats. p. 219.) (See Political Code, Sec. 4468.) The adoption of the common law left undisturbed the distinction recognized by the constitution between prohibited perpetuities, (including private trusts) and charities. The latter are not included in the common law rule. The courts of this state have inherent equity jurisdiction over trusts for charitable purposes. Estate of Hinckley, 58 Cal.

457.

The grant by congress of the Yosemite valley and the act of the state accepting it, (Stats. 1865-6, p. 710) did not create a gift for charitable uses, such as may be regulated or enforced by courts of equity, nor can the obligations of the state in relation thereto be enforced by the courts of the state. People v. Ashburner, 55 Cal. 517.

SECTION 10. Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appointment.

Const. 1849, Art. XI, Sec. 17.

SECTION 11. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes. The privilege of free suffråge shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

Const. 1849, Art. XI, Sec. 18.