23

Senate Constitutional Amendment No. 5.--A resolution to propose and submit to the people of the State of California an amendment to section 2, article eighteen of the constitution of the State of California, providing for the election of delegates to be assembled in convention for the purpose of framing a new constitution for the State of California.

Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California, at its regular session commencing on the seventh day of January, A. D. 1929, two-thirds of all the members elected to each of the two houses of said Legislature voting in favor thereof, hereby proposes that section 2 of article eighteen of the constitution of the State of California be amended to read as follows, to wit:

(This proposed amendment expressly amends an existing section of the Constitution; therefore EXISTING PROVISIONS proposed to be DELETED are printed in STRİKE-OUT TYPE; and NEW PROVISIONS proposed to be INSERTED are printed in BLACK-FACED TYPE.)

PROPOSED AMENDMENT TO THE CONSTITUTION. Sec. 2. Whenever two-thirds of the members elected to each branch of the Legislature shall deem it necessary to revise this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention for that purpose, and if a majority of the electors voting at such eleetion on the proposition for a convention shall vote in favor thereof, the Legislature shall, at its next session, provide by law for calling the same. The convention shall consist of a number 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 the Legislature: The delegates so eleeted shall meet within three months after their election, at such place 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 their ratification or rejection, in such manner as the convention may determine. 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, Treas urer, and Seeretary of State, and compare the returns so certified to him; and it shall be the duty of the Executive to declare, by his proclamation, such constitution as may have been ratified by a majority of all the votes east at such special election, to be the Constitution of the State of California. Within ten months after the adoption hereof, a special election shall be held throughout the state, on a day to be

YES

NO

fixed by proclamation of the governor, whereat one hundred twenty delegates, one from each assembly district and one from each senatorial district who may or may not be members of the Legislature, shall be elected, having the same qualifications and being chosen in the same manner as members of the Legislature, to form a convention, to meet in the state capitol, for the purpose of framing a new constitution for the State of California. Such convention shall assemble and organize for the transaction of its business within three months after said election of delegates, on a day to be fixed by proclamation of the governor, and shall thereafter continue in session in the state capitol until it shall have completed its business of framing a new constitution and provided for submitting the same to the vote of the people of the state for adoption or rejection. The compensation of each member of said convention in full payment for all services rendered, shall be fixed by the Legislature, but each delegate shall be entitled to the same mileage as is allowed to a member of the Legislature, and the convention shall have authority to employ such clerks and other attaches as may be reasonably necessary for the transaction of its business and the accomplishment of its purpose, in addition to such experts as the convention shall deem necessary, and it shall be the duty of the Legislature to provide by law for the payment of all and singular the expenses of said election of delegates and their compensation and mileage and other expenses of said convention herein authorized. Within six months after the adjournment of said convention, on a day to be fixed by proclamation of the governor, a special election shall be held throughout the state, whereat the new constitution framed and proposed by said convention shall be submitted to the people for adoption or rejection, and it shall be the duty of the Legislature to provide by law for the payment of all and singular the expenses of such special election. At such special election the ballot shall contain the phrases "For the new constitution" and "Against the new constitution," printed thereon in a suitable place, with an appropriate space for each elector to designate his intention with reference to the adoption or rejection of the proposed new constitution. The election officers in each and every voting precinct in the state shall ascertain and make returns of the number of votes cast in favor of the new constitution and the number of votes cast against the new constitution, as aforesaid, in like manner and with the same particularity as other votes are by law required to be counted and returned, and an abstract thereof shall be transmitted by the several county clerks and registrars of voters throughout the state to the secretary of state, in the same manner and within the same time as votes for state officers are by law required to be

25

YES

NO

Senate Constitutional Amendment No. 33-A resolution to propose to the people of the State of California an amendment to the constitution of said state, being an amendment of section 1 of article two of said constitution, relative to elections and eligibility of voters, disabilities and absent voters.

Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California hereby proposes to the people of the State of California that section 1 of article two of the constitution of said state be amended to read as follows:

(This proposed amendment expressly amends an existing section of the constitution; therefore EXISTING PROVISIONS proposed to be DELETED are printed in STRIKE-OUT TYPE; and NEW PROVISIONS proposed to be INSERTED are printed in BLACK-FÁCED TYPE.)

PROPOSED AMENDMENT TO THE CONSTITUTION.

Section 1. Every native citizen of the United States, every person who shall have acquired the rights of citizenship under and by virtue of the treaty of Queretaro, and every naturalized citizen thereof, who shall have become such ninety days prior to any election, at of the age of twenty-one years, who shall have been a resident of the state one year next preceding the day of the election, and of the county in which he or she claims his or her vote ninety days, and in the election precinct forty thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, any person duly registered as an elector in one precinct and removing therefrom to another precinct in the same county within thirty forty days of prior to an election, shall for the purpose of such election be deemed to be a resident and qualified elector of the precinct from which he so removed until after such election; provided, further, no alien ineligible to citizenship, no idiot, no insane person, no person convicted of any infamous crime, no person hereafter convicted of the embezzlement or misappropriation of public money, and no person who shall not be able to read the constitution in the English language and write his or her name, shall ever exercise the privileges of an elector in this state; provided, that the provisions of this

amendment relative to an educational qualification shall not apply to any person prevented by a physical disability from complying with its requisitions. nor to any person who had the right to vote on October 10, 1911, nor to any person who was sixty years of age and upwards on October 10, 1911; provided, further, that the Legislature may, by general law, provide for the casting of votes by duly registered voters who by reason of their occupation are required to travel and who, by such affidavit as the Legislature may prescribe, show that they expect to be absent from their respective precincts or unable to vote therein, by reason of physical disability, on the day on which any primary or general election is held. er who, by reason of their being engaged in the eivil, eongressional, military or naval service of the United States or of the State, may be absent, from their respective precincts on the day on which any primary or general election is held. or who because of injury or disability are absent from their precincts or unable to go to the polling places; which votes (a) may be east in the office of the registrar of voters, or of the county clerk of the county or city and county in which such voters respectively reside, and on a day prior to the date of such election, under such provisions as the Legislature may see fit to make; or (b) may be east in the city, eity and county or town within this state in which such voters may be on the day on which such election is held, under sueb provisions as the Legisla ture may see fit to make, and shall be forwarded in such manner as the Legislature may prescribe to the officers respectively of the eity, eity and county or town having charge of the counting of the ballots east at such election; or (e) in eases where said voters are engaged in such civil, congressional, military or naval service, may be east at any place, under such provisions as the Legislature may see fit to make, and shall be forwarded in such manner as the Legislature may preseribe to the officers respectively of the city, eity and county or town having charge of the counting of the ballots at such election, all of which votes shall be kept in such manner and counted by such methods as the Legislature shall prescribe, provided, that it must be required that all ballets east in any other place than the precinct of the voter must be received by the county clerk of the county in which the voter is registered, within two weeks of the eleetion, in which such ballots are to be counted.

26

Sufficient qualified voters of the State of California have presented to the secretary of state a petition and request that the proposed measure hereinafter set forth be submitted to the people of the State of California for their approval or rejection, at the next ensuing general election. The proposed measure is as follows:

(This proposed law does not expressly amend any existing law; therefore the provisions thereof are printed in BLACK-FACED TYPE to indicate that they are NEW.)

PROPOSED LAW.

PROPOSED SUNDAY ACT.

Section 1. It shall be unlawful for any person, firm, association, or corporation to conduct, carry on, or keep open for business on Sunday any store, barber shop, workshop, factory or other place of business, or to perform or employ any labor on Sunday;

Provided, however, that the provisions of this act shall not apply to works of charity or necessity or recreation. In works of charity or necessity or recreation is comprised whatever is needful during the day for the good order, or health, or comfort of the community, and includes, not to the exclusion of any other work of business not herein enumerated, the following:

(a) Work to prevent immediate danger to life, property, public safety or public health;

(b) Agricultural work, and the care of live animals;

(c) The sale or delivery of drugs, medicines, and surgical appliances;

(d) Furnishing of lodging or meals or light refreshments;

(e) The sale of fruit, confectionery, tobacco and magazines;

(f) The sale of necessities for the comfort of tourists at automobile camp grounds;

(g) The sale and delivery of milk or cream;

(h) Work necessary for the transportation of persons or commodities including the conduct and operation of motor vehicles, street cars, railroads, boats, airplanes, garages, livery stables, and gasoline stations;

(i) Work necessary for the continuous supply of electricity, light, heat, air, water, gas, or motive power;

(j) Work necessary for the dissemination of news and information, including the preparation and sale

of newspapers and periodicals, and the use of the telephone, telegraph, radio, and motion picture;

(k) Work necessary for the operation of parks, bathing establishments, theatres, auditoriums, art galleries, museums, athletic games, libraries, and other places of lawful entertainment and recreation; (1) Setting sponges in bakeries;

(m) Work essential to the protection and operation of mines, and to the utilizing of water power necessary to prevent serious injury and loss in mining or other industries where the water is not continuous throughout the year;

(n) Necessary work in making cheese or butter, and in any manufacturing plant or industrial process of such a continuous nature that the public welfare would suffer by a cessation of such work;

(0) Necessary work to protect perishable prod ucts;

(p) Any public utility which the public welfare requires should be kept in daily operation;

(q) Necessary work for the care and upkeep of residences or place of abode;

(r) Any work or place of business conducted by a member of any religious society which observes regularly each week, as a day of rest or worship a day other than Sunday, and who keeps his place of business closed and does not work on such day;

Sec. 2. Every person, firm, association or corporation that violates any provision of this act is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail for not to exceed one hundred and eighty days, or by both such fine and imprisonment.

Sec. 3. Nothing in this act shall be construed as to impair the obligations of contracts made on Sunday, nor shall anything in this act be construed to repeal or limit an act entitled "An act limiting the hours of labor of females, etc.", approved March 22, 1911, and acts amendatory thereof or supplementary thereto.

Sec. 4. If any section, subsection, sentence, clause or phrase of this initiative is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portion of this act. The people hereby declare that they would have passed this initiative and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.