Sec. 2. The sessions of the legislature shall commence at twelve o'clock M. on the first Monday after the first day of January next succeeding the election of its members, and, after the election held in the year eighteen hundred and eighty, shall be biennial, unless the governor shall, in the interim, convene the legislature by proclamation. No pay shall be allowed to members for a longer time than sixty days, except for the first session after the adoption of this constitution, for which they may be allowed pay for one hundred days. And no bill shall be introduced, in either house, after the expiration of ninety days from the commencement of the first session, nor after fifty days after the commencement of each succeeding session, without the consent of two-thirds of the members thereof.

INTRODUCTION OF BILLS.-After the fifty days within which bills may be introduced have expired, a bill previously introduced may be amended in the same manner as before, and several bills may be consolidated in the form of a substitute. (Hale v. McGettigan, 114 Cal. 112, 45 Pac. 1049.)

If the legislative journals are silent upon the observance of any constitutional requirement as to the passage of bills, it cannot be assumed that such requirement was omitted by the legislature. (Hale v. McGettigan, 114 Cal. 112, 45 Pac. 1049.)

Sec. 3. Members of the assembly shall be elected in the year eighteen hundred and seventy-nine, at the time and in the manner now provided by law. The second election of members of the Constitution-7

assembly, after the adoption of this constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter, members of the assembly shall be chosen biennially, and their term of office shall be two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the legislature.

Sec. 4. Senators shall be chosen for the term of four years, at the same time and places as members of the assembly, and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the state three years, and of the district for which he shall be chosen one year, next before his election.

MEMBERS.--A person properly qualified when elected to the senate does not forfeit his office by the redistricting of the state, leaving the person outside of the district which he represents. (People v. Markham, 96 Cal. 262, 31 Pac. 102.)

Sec. 5. The senate shall consist of forty members, and the assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty senators elected in the year eighteen hundred and eighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one-half of the senators shall be elected every two years; provided, that all the senators elected at the first elec

tion under this constitution shall hold office for the term of three years.

TERM OF OFFICE.-The seats of the twenty senators elected in 1882, from the districts designated in the act of 1874 by odd numbers, became vacant at the expiration of the second year, and their successors were required to be elected from the same districts for the term of two years. (McPherson v. Bartlett, 65 Cal. 577, 4 Pac. 582.)

Sec. 6. For the purpose of choosing members of the legislature, the state shall be divided into forty senatorial and eighty assembly districts, as nearly equal in population as may be, and composed of contiguous territory, to be called senatorial and assembly districts. Each senatorial district shall choose one senator, and each assembly district shall choose one member of assembly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the assembly districts shall be numbered from one to eighty, in the same order, commencing at the northern boundary of the state, and ending at the southern boundary thereof. In the formation of such districts, no county, or city and county, shall be divided, unless it contain sufficient population within itself to form two or more districts; nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congress of the United States, in the year

one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative districts; and the legislature shall, at its first session after each census, adjust such districts and reapportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the United States, under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made, senators and assemblymen shall be elected by the districts according to the apportionment now provided for by law.

LEGISLATIVE DISTRICTS. The legislature may join two counties in one assembly district. (People v. Hill, 7 Cal. 97.)

The term of members of the senate is not affected by the fact that after their election the state is so redistricted that some counties in the newly formed districts will have double representation and others will be deprived of their fair and equal representation. (People v. Pendegast, 96 Cal. 289, 31 Pac. 103.) Where the first legislature, whose duty it is to provide for the apportionment, fails to do so, the duty devolves upon each succeeding legislature until it is performed. (People v. Rice, 135 N. Y. 473, 31 N. E. 921.).

The legislature cannot be compelled to make an apportionment. (In re State Census, 62 N. W. 129.)

The apportionment must be according to population, but mathematical exactness is not required. (People v. Thompson, 155 Ill. 451; Parker v. State, 133 Ind. 178; Prouty v. Stover, 11 Kan. 235; Opinion of Justices, 18 Me. 458; Giddings v. Blacker, 92 Mich.

638; People v. Broome, 20 N. Y. Supp. 470; People v. Board of Aldermen, 14 Misc. Rep. 105; People v. Rice, 135 N. Y. 473; Matter of Baird, 142 N. Y. 523; Matter of Whitney, 75 Hun, 581; State v. Dudley, 1 Ohio St. 437; State v. Cunningham, 81 Wis. 440.)

If the apportionment is made in the exercise of a fair and honest discretion so as to preserve, as nearly as may be, equality of representation, it cannot be overthrown because not mathematically equal; but if the apportionment does not give substantially just and equal representation to the people of each county, it cannot be sustained. (Ballentine v. Willey, 2 Idaho. 1208; Prouty v. Stover, 11 Kan. 235; People v. Thompson, 155 Ill, 451; People v. Broome, 20 N. Y. Supp. 470; People v. Rice, 135 N. Y. 473; Smith v. St. Lawrence Co., 148 N. Y. 187; State v. Cunningham, 83 Wis. 90.)

While this section provides that persons who are not eligible to become citizens of the United States shall not be counted in making the apportionment, an apportionment is not necessarily invalid because they are counted. (Matter of Whitney, 142 N. Y. 531; People v. Rice, 135 N. Y. 473; Matter of Whitney, 75 Hun, 581.)

This section requires that the districts shall be composed of contiguous territory, and, while the legislature has some discretion in this matter, if it has been wholly ignored, the apportionment is void. (People v. Thompson, 155 Ill. 451; State v. Cunningham, 83 Wis. 90.)

As to what territory is "contiguous," see Houghton Co. v. Blacker, 92 Mich. 638; Parker v. Staté, 133 Ind. 178; People v. Thompson, 155 Ill. 451.

Under this section a county cannot be divided, unless it contains sufficient population to make two or more districts. (Houghton Co. v. Blacker, 92 Mich. 638; State v. Cunningham, 81 Wis. 440; People v. Board of Aldermen, 89 Hun, 460.)

Sec. 7. Each house shall choose its officers, and judge of the qualifications, elections, and returns of its members.