Daily Los Angeles herald., 1878-04-16

Mho Itslub III llle StlGt CONGRESSIONAL
District. shall be declared elected such
delegates at large.
Fourth--The Secretary Of state shall,
as soon as the returns of said election
shall be received by him, or within
twenty days after said election, in the
presence of the Governor and Controller
ofSiate, open and compute all OF the re-
turns received of votes given for mem
perS OF the Convention, and the Governor
shall forthwith issue his proc iamation,
declaring the names of the persons who
nave been chosen members of said Con-
ventiOn.
SECS. The delegates so chosen shall
meet IN Convention In the Assembly
Chamber at the Capitol, in the city Of
sacramento, on the twenty-eighth OF
sep ember, eighteen hundred ard seven
weight, at twelve O'Clock NJ. They
shall. by viva voce vote, and the vote
snail be entered on the Journal elect
one of their number President, and such
Secretaries and other officers as they
may deem necessary. After the said
Convention has met and organized, it
shall have power to adjourn to and hold
its meetings at any place in said city of
sacramento other than the said Assem-
bly, Chamber, and all committee rooms
OF the state Capitol building shall be un-
dor the control of said Convention.
The President of the Convention may APP
point not exceeding one Doorkeep and
four Pages, The Convention may select
Photographic Reporters, and fix the
Sergeant-at-Arms and one assistant. The
delegates to the Convention shall receive
the same per diem and mileage as mem-
bers of the Legislature; provided, no COM
pen alton shall be allowed delegates af-
| ter the expiration of one hundred days.
| No pay shall be allowed for any recess
longer than three days at one time. The
Secretary shall receive eight dollars per
| day, and his assistants each six dollars
| per day, and the Doork eepers, Pages,
Sergeant -at-Arms and assistants shall
receive the same compensation as pro-
vided by law for similar services and at
tendance upon the Assembly. The
amount ofpay shall be certified by the
President of the Convention, and shall
be paid by the Treasurer of state, on the
warrant of the Controller, in the same
are paid. Itshall be the duty of the Gov
ernor to attend said Convention at the
opening thereof, and to administer the
constitutional oath of office TO the dele
gates, and to preside at all meetings
thereof until President has been elected
and taken his seat, but the Governor
shall have neither the casting vote nor
any other vote therein. The Secretary of
state shall also attend at the
opening j., of the Convention ana
All public officers, Boards and Com m s.
sons shall furnish such Convention with
all snch Information, papers, statements,
books or other public documents in their
order or require for its use from time to
time while in session. 1t shall be the
duty OF the Secretary of State to furnish
the members of said Convention with
stationery to the amount provided by
law for the LEGISLATURE while in session,
and to the Convention such stationery
manual file boards and other like things
as are furnished to the two Houses of the
Legislature. Said Convention may adopt
such rules and regulations for its own
govern ment as q ma ority gifts mbers
may determine, and said Conven ton
shall be the Judge of the election and
qualification its own members.
SEC. G. A journal OF the proc ceilings OF
the said Convention shall be kept, and
shall, ut the final adjournment thereof,
be filed in the Office of the Secretary OF
State, and the Constitution agreed to by
the Convention shall be recorded in his
Office. A majority of the Convention
shall constitute Il quorum to do business.
The doors of the Convention shall be
kept open, except when the public well
fare shall require secresy. Every dele
gate to the Convention shall have tho
like privileges from arrest and from civil
process as members of the Legisl ature
ROW have by law. For any speech or de-
bate in the Convention, the delegates
shall not be questioned in any other
place. The Convention shall have the
power to eXpel any of its members. and
to punish it's members and officers for
djsorderly behavior, by i'm prs onment or
OtiltTWlst. Dul ITO 1lltIlDCT SlluIl DC GS-
PEELED until the report of committee
appointed to inquire into the facts alleg-
cd as the ground of his expulsion shall
have been made. The CONVENTION shall
have the power 10 punish as a contempt
and by imprisonment or otherwise, n
breach OF his privileges, or of the priVil-
eyes OF its members, but such power shall
not be exercised except against persons
guilty Of one or moro of the following Of
lenses:
First-The oifense of ar;esting or sub
jecting member or officer OF the Con-
vention to civil process, in violation of
his privilege fron arrest as heretofore
declared.
Sec0nd-That of dlsorderly conduct in
the immediate view and presence of the
Convention, and directly tending to in
terrupt its proceedings.
Third-That ofpublishing any false and
malicious report of the proceedings of the
Convention, or of the conduct OF Ii mem
Der in his delegated capacity.
Fourth-That of refusing to attend or be
examined, as witness, either before the
mony in the proceeding of the Conven-
ton.
Ffth-That Of giving or Offering bride
to u member, or ofattem pting by IN enace
or any other corrupt means or device, di
rectly or indirectly, to control or infiu-
ence member in giving his vote, or TO
prevent him from giving the same.
In all cases in which the Convention
shall punish any OF its members, on Off e.
GERS, or any other person, by mprison-
ment, such imprisonment shall not en-
tend beyond the session of the Conven-
ton. Every person appointed to the Of
fec OF secretary of lhe Convention shall,
before he enters on the duties of his office,
execute bond to the people of the State
with such security rs the Contr0llor shall
approve, in the penal sum of five thous-
and dollars, conditioned that he shall
faithfully perform the duties of his Office
o., 1T f.r a inl,
come into his hands by virtue thereof.
SEC. l. The Constitution framed by
such Conventiod shall be submitted by
the Convention to the people for their
adoption or rejection at a special election
to be held on the first Wednesday of May,
eighteen hundred and ssventy-nine, and
every person hereby entitled to vote for
delegates may vote at that election, on
such adoption orrelection. in the election
district in which he shall then reside,
and not elsewhere. The said Constitu-
ton shall be voted on as q whole. No
other question than the adoption or re-
lection of the proposed Constitution
shall be submitted to the people or voted
on at such election, any statute or law
to the contrary Notwithstanding. The
Convention shall prescribe the publiea-
ton OF said Constitution, and the notice
to be given of the election. The ballots or
tickets shall have printed or written up
on them The words " For the New Consti-
tuition, - or against tho New Constitu-
tion," and all the provisions of law now
or at that time existing in regard to gen.
eral elections shall be applicable to such
election, except that the provisions of the
first and second subdivisions of section
four of this act shall also apply TO said
election. The canvassing and returns of
the votes cast upon such question shall,
in such manner as the Convention shall
direct, be certified to the Executive of the
State, who shall oall to his assistan ce
the Controller, Treasurer and Secretary
of State, and co npare the votes as certi-
fed to him. If, by such an examination,
it is ascertained that majority of the
whole number of votes cast at such eles-
ton be in favor of such new Constilu-
ton, the Executive of this Slate shall,
by his proclamation. declare such new
Constitution to be the Constitution Of
the State of California, and that 1t will
take effect at such time as tho said
Convention may havo in its direc-
ton, by resolution, or in said Constitu-
ton itself, fixed. If said Convention fix
no time for said Constitution 10 take eff