estate, except such as may be necessary and proper for its legitimate business.

SEC. 6. No corporation shall issue stock or bonds except for money, labor done, or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock of corporations shall not be increased, except in pursuance of general law, nor without the consent of the persons holding the two thirds in value of the stock, first obtained at a meeting to be held after sixty days' notice given in pursuance of law.

SEC. 7. No railroad or telegraph company shall consolidate with or hold an interest in the stock or bonds of any other railroad or telegraph company, nor shall the same persons be officers in corporations owning competing lines of railroads or telegraphs.

No railroad or telegraph company shall lease, or in any manner manage or control, the railroad or telegraph line of another company.

SEC. 9. All individuals, associations, and corporations shall have equal right to have person's and property transported over railroads; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station, at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special

rates.

SEC. 10. The Legislature shall pass statutes to correct abuses, and prevent unjust discrimination and extortion in the rates of freights and fares on the railroads in the State, and provide for the enforcement of such statutes by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of property and franchises.

SEC. 11. Every railroad corporation organized in this State shall maintain an office therein where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which books shall be recorded the amount of capital stock subscribed or paid in, and by whom, the names of the owners of its stock, and the amounts owned by them, respectively, the transfers of said stock, and the names and places of residence of its officers.

SEC. 12. All railroads shall be public highways, and all railroad companies shall be common carriers. Any association or corporation organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads in other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad; and shall receive and transport each other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.

SEC. 13. No President, Director, officer, or employé of any railroad company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transporta tion as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by such company.

SEC. 14. No railroad, railway, or other transportation company, shall grant free passes, or passes at a discount, to any public officers.

SEC. 15. No foreign corporation shall do any business in this State. without having one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served.

Amend Article IX of the present Constitution, by making it Article XI, and to read as follows:

ARTICLE XI-EDUCATION.

SECTION 1. The Legislature shall provide for the maintenance of and support of a thorough and efficient system of public schools, wherein all the children within the State may be educated.

SEC. 2. All public moneys raised for school purposes, all moneys, lands, and other property, which have heretofore or shall hereafter come to the State for school purposes, and the proceeds, rents, issues, and profits of such lands and other property, shall be appropriated exclusively to the support of the common school system of this State.

SEC. 3. 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 on 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 the Legislature shall, as soon as may be, provide effectual means for the improvement and permanent security of the funds of said University.

ARTICLE XII.

Amend Article X of the present Constitution by making it Article XII, and amend section one thereof to read as follows:

SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly, and if the same are 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 ayes and noes taken thereon, and shall be published for three months before the next general election. In his proclamation calling such election, the Governor shall submit such proposed amendments to the qualified electors of the State for adoption or rejection, and if a majority of the votes cast shall be for the adoption of such amendment or amendments, it or they shall become part of this Constitution.

Amend said Constitution by inserting therein a new Article, to be known as Article XIII, and to read as follows:

ARTICLE XIII-MISCELLANEOUS PROVISIONS.

SECTION 1. 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.

SEC. 2. 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 according to the best of my ability."

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

SEC. 3. All officers whose election or appointment is not provided for by this Constitution, and all officers whose office may hereafter be created by law, shall be elected by the people, or appointed, as the Legisla ture may direct.

SEC. 4. No person shall be elected or appointed to, or hold any office created by this Constitution, who is not an elector and resident of this State. No person shall be elected or appointed to, or hold any district, county, or other local office created by this Constitution, unless he is an elector and resident of the district, county, or other political division for which he is elected or appointed. And every judicial officer must reside at the place where the sessions of the Court of which he is s member are held.

SEC. 5. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office fixed by this Constitution ever exceed four years.

SEC. 6. The fiscal year shall commence on the first day of July. SEC. 7. Each county, city, and incorporated town, shall make prevision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe.

SEC. 8. Suits may be brought against the State in such manner and in such Courts as shall be directed by law.

SEC. 9. The seat of government shall not be removed from Sacramento except by operation of a statute enacted for that purpose and ratified by a majority of the votes cast at the next general election after the passage of such statute.

SEC. 10. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

SEC. 11. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religions

sect.

SEC. 12. No perpetuities shall be allowed except for eleemosynary purposes.

SEC. 13. 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.

SEC. 14. No person holding a lucrative office under the United States, or any other power, shall be eligible to any office of honor, trust, or profit in this State; but officers in the militia who receive no annual salary, and local officers and Postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed persons holding lucrative offices.

SEC. 15. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

SEC. 16. Absence from this State, on business of the State or of the United States, shall not affect the question of residence of any person. SEC. 17. If these amendments are approved and ratified by the people, the Legislature of which the members of the Assembly are elected at the general election in the year eighteen hundred and seventy-seven, shall meet on the first Monday in December, eighteen hundred and seventy-seven.

SEC. 18. The Legislature, at its first session, or as soon as may be after the adoption of this Constitution, shall pass such laws as may be necessary to carry the same into full force and effect.

SEC. 19. All persons in office in this State at the time of the adoption of these amendments, shall hold their respective offices until the term for which they have been elected or appointed shall expire, and until their successors shall be duly qualified, unless otherwise provided in this Constitution.

SEC. 20. At the general election next after the adoption of these amendments, there shall be elected in the City and County of San Francisco, seven Judges of the District Court of said city and county.

SEC. 21. The Legislature, at the first session after the adoption and ratification of these amendments, shall fix and determine the compensation of the Justices of the Supreme Court, and of the Judges of the several judicial districts of the State, and the provisions of section twenty-four, of Article VI, shall not be deemed inconsistent herewith.

SEC. 22. All existing Courts shall continue in existence until the first Tuesday after the first Monday in January, eighteen hundred and seventy-eight, without abridgment of their present jurisdiction and powers.

SEC. 23. All actions and proceedings pending in the District, County, and Probate Courts of the several counties in this State, and in the Municipal Criminal Court of San Francisco, on the first Tuesday after the first Monday in January, eighteen hundred and seventy-eight, shall be transferred to and tried and determined in the District Court of the county in which such actions or proceedings are pending.

SEC. 24. All actions or proceedings pending and undetermined in the Supreme Court now in existence, on the first Monday in January, eighteen hundred and seventy-nine, must be transferred for determination to the Supreme Court created by these amendments.

SEC. 25. All rights, prosecutions, claims, and contracts existing, and all laws in force at the time of the adoption of these amendments, and

109-(Senate)

not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if these amendments had not been adopted.

SEC. 26. In all laws which shall be in force on the Tuesday after the first Monday in January, eighteen hundred and seventy-eight, in which the words Probate Court, Probate Judge, County Court, County Judge, Municipal Criminal Court of San Francisco, and Judge of the Municipal Criminal Court of San Francisco, appear, such words shall have the same effect as if written District Court and Judge of the District Court, respectively.

The roll was called, the bill passed, and the proposed Constitutional amendments agreed to in Senate, by the following vote:

AYES-Messrs. Beck, Boggs, Bush, Crane, DeHaven, Dyer, Eakin, Edgerton, Finney, Fraser, Garratt, Gibbons, Goodale, Graves, Hendricks, Hopkins, Kent, Keys, Laine, Lindsey, Martin, McCoy, McCune, McKusick, McMurry, Neff, O'Connor, Pendegast, Perkins, Roach, Spencer, Turner, and Tuttle-33.

NOES-Messrs. Bartlett, Duffy, and Oulton-3.

By Mr. Tuttle:

Mr. PRESIDENT: The Committee on Engrossment have examined and find correctly engrossed the following bill:

Senate Bill No. 551-An Act to amend section five hundred and ninety-six of the Political Code.

TUTTLE, for Committee.

SPECIAL FILE.

Senate Bill No. 313-An Act to improve the navigation of the Sacramento and San Joaquin Rivers.

Substitute adopted, and ordered engrossed.

SPECIAL ORDER.

Substitute for Senate Bills Nos. 150, 165, and 214-An Act creating a Board of Transportation Commissioners, and to prevent extortion and discrimination in fares and freights on railroads within this State. Read third time.

On the passage of the bill, the ayes and noes were demanded by Messrs. Farley, Duffy, and Fraser, and it was passed, by a vote as follows:

AYES-Messrs. Boggs, Bush, DeHaven, Duffy, Dyer, Eakin, Evans, Farley, Finney, Fraser, Gibbons, Goodale, Graves, Hendricks, Hopkins, Irwin, Kent, Keys, McKusick, O'Connor, Pendegast, Perkins, Roach, Spencer, Turner, and Tuttle-26.

NOES-Messrs. Andross, Bartlett, Beck, Crane, Edgerton, Garratt, Laine, Lindsey, Martin, McCoy, McCune, McMurry, Neff, and Oulton

Mr. PRESIDENT: Your Committee on Enrollment respectfully report that they have examined and find correctly enrolled Senate Bill No.