McCauley, 15 Cal. 492, and McCauley v. Brooks, 16 Cal. 11. This prohibition applies to the state as a political sovereign-a corporation-and does not prevent the state authorizing municipal or county indebtedness. (Subscription to Railroad.) Pattison v. Supervisors of Yuba County, 13 Cal. 176, and see further as to constitutionality of statutes authorizing subscriptions in aid of railroads. S. & V. R. R. Co. v. Stockton City, 41 Cal. 162; Napa Valley R. R. Co. v. Napa County, 30 Cal. 435.

An appropriation is necessary before district judges can draw their salaries. Meyers v. English, 9 Cal. 342.

Claims against the state contracted in defiance of this article can be legalized by being submitted to a vote of the people in the manner required by the constitution, but in no other way. Nougues v. Douglass, 7 Cal. 65,

ARTICLE IX.

EDUCATION.

SECTION 1. A superintendent of public instruction shall, at the special election for judicial officers to be held in the year eighteen hundred and sixty-three, and every four years thereafter, at such special elections, be elected by the qualified voters of the state, and shall enter upon the duties of his office on the first day of December next after his election. [Amendment ratified Sept. 3, 1862.]

[ORIGINAL SECTION.]

SECTION 1. The legislature shall provide for the election, by the people, of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the legislature may direct.

SECTION 2. The legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and ag. ricultural improvement. The proceeds of all lands that may be granted by the United States to this state for the support of schools, which may be 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. oue thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may be 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.

The act of April 2, 1863, (Stats. p. 145) authorizing Placer county to subscribe for stock of the C. P. R. R. Co., is unconstitutional in so far as it attempts to divert moneys from the school fund by requiring that all the taxes to be paid by said railroad in said county shall be paid into the "railroad fund” created by the act. The proportion of school money provided by general legislation to be derived from the general revenue of the county cannot be so diverted. Crosby v. Lyons, 37 Cal. 242.

SECTION 3. The legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each district at least three months in every year; aud any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.

SECTION 4. The legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this state, for the use of a university; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may demand for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of suid university.

ARTICLE X.

AMENDMENT OF THE CONSTITUTION.

SECTION 1. Any amendment or amendments to this constitution may be proposed in the senate or assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people. in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendments shall become part of the constitution.

SECTION 2. And if at any time two-thirds of the senate and assembly shall think it necessary to revise and change this entire constitution, they shall recommend to the electors at the next election for members of the legislature to vote for or against a convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature. The constitution that may have been agreed upon and adopted by such convention shall be submitted to the people, at a special election to be provided for by law, for their ratification or rejection. Each voter shall express his opinion by depositing in the ballot box a ticket, whereon shall be written or printed the words "For the New Constitution" or "Against the New Constitution." The returns of such election shall, in such manner as the convention shall direct, be certified to the executive of the state, who shall call to his assistance the controller, treasurer, and secretary

of state, and compare the votes so certified to him. If by such examination, it be ascertained that a majority of the whole number of votes cast at such election be in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new constitution to be the constitution of the state of California. [Amendment ratified November 4, 1856.] [ORIGINAL SECTION.}

SECTION 2. And if, at any time, two-thirds of the senate and assembly shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against the convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

SECTION 1. The first session of the legislature shall be held at the Pueblo de San Jose, which place shall be the permanent seat of government until removed by law; provided, however, that two-thirds of all the members elected to each house of the legislature shall concur in the passage of such law.

After the first session of the legislature the seat of the state government should be located at such place as the legislature by two-thirds vote might direct. The removal to Vallejo was not unconstitutional, and there was nothing in the fact that such removal was induced by certain offers of Mr. Vallejo; nor in the fact that he did not fulfill his promises, to render the removal invalid. People v. Bigler, 5 Cal. 24.

SECTION 2. Any citizen of this state who shall, after the adoption 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.

121 551

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 on 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-

to the best of my ability."

-, according

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

The "test oath" required to be taken by attorneys at law, by the act of April 25, 1863, (Stats. p. 566) is not materially different from the constitutional oath in substance. It requires the affiant to state that he has not, since the passage of the act, and will not aid, countenance or assist, etc., those now engaged in rebellion, but it goes beyond the strict letter of the constitutional oath with reference to his past conduct, and this has raised some doubt in the minds of the court as to its constitutionality, but the court will not declare it unconstitutional upon a mere doubt. Cohen v. Wright, 22 Cal. 294.

SECTION 4. The legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the state.

By an act of April 9, 1862, (Stats. p. 151) the legislature appointed a commission to cut a canal above the mouth of the American river, for the protection of the city of Sacramento. Thereafter, in 1867, by reason of high water and by reason of said canal the lands of John Hoagland were seriously washed and damaged. By act of March 11, 1876, (Stats. p. 214) the said John Hoagland was authorized to sue the city to recover for his damages. Held, the legislature had no power to create a claim against those who are to be taxed with its payment. The city in no manner authorized or participated in causing the damage. Hoagland v. Sacramento, 52 Cal. 142.

In construing the act of March 18, 1874, (Stats.