Year: 1878

Sergeant-at-ArmS ana assistants snail
receive the same compensation as pro- |
vided by law for similar services and at
tendance upon the Assembly. The
amount of pay 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
manner as members of the Legislature
are paid. 1t shall 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
shall have neither the casting vote nor
any other vote therein. The secretary of
state. shall also attend at the
opening of the Convention and
All public officers, Boards and Comm:s-
sious shall furnish such Convention with
all such information. papers, statements.
books or other public documents in their
order or require for its use from time to
time. while in session. IL shall be the
duty Of the Secretary of State to furnish
the memb bers of said Convention with
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
government as majority of its members
may determine, and said Convention
shall be the judge OF the election anu
qualification ofits own mem bers.


SEC. 8. A journal of the proc ceilings of
the said Convention shall be kept, and
shall, at the final adjournment thereof,
be filed in the office of the Secretary oil
State, and the Constitution agreed to by
the Convention shall be recorded in his
office. A majority of the Convention
shall constitute quorum to do business.
The doors of the Convention shall be
lxn Mt ,rn w N rnrIl, mol
fare shall require secresy. Every dele
gate to the Convention shall have the
like privileges from arrest and from civil
process as members of the Legislature
now 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
disorderly behavior, by imprisonment or
otherwise: but no member shall be ex-
PEELED until the report of committee
appointed to inquire into the facts alleg.
ed as the ground of his expulsion shall


have been made. The Convention shall
have the power to punish as q contempt
and by imprisonment or otherwise, q
breach of his privileges, or of the privil-
eges of its members, but such power shall
not be exercised except against persons
guilty Of one or more of the following Of
fenses:


First-The offense of arresting or sub
|
vention to civil process, in violation of
his privilege from arrest as heretofore
declared.


Second-That of disorderly conduct in
the immediate view and presence of the
Convention, and directly tending to in
terrupt its proceedings.


Third-That of publishing any false and
malicious report of the proceedings of the
invention, or Of the conduct of "a MEM
ber in his delegated capacity.


Fourth-That OF refusing to attend or be
examined, as witness, either before The
Convention or a committee to take testi-
mony in the proceeding of the Conven-
tion.


Fifth-That of giving or offering bribe
to member, or ofattemp pting by menace
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, or otli-
ment, such Imprisonment shall not ex-
tend beyond the session of the COnven-
ton. Every person appointed to the Of
flee OF Secretary of the Convention shall,
execute bond to the people OF the State
with such security as the Controller shall
approve, in the penal sum of five thous-
and dollars, conditioned that he shall


faithfully perform the duties of his office
| and account for all moneys which may
| come into his hands bv virtue thereof.
| SEC. I. 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 seventy-nine, and


every person hereby entitled to vote for
| delegates may vote at that election, on
such adoption or rejection. in the election


district in which he shall then reside,
| and not elsewhere. The said Consttu-


tion shall be voted on as a 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 publica-
tion 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-
tution," or Against the 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 call to his assistan ce
the Controller, Treasurer and Secretary
of State, and co npare the votes as certi-
fed to him. II, by such an examination,
it is ascertained that majority of the
whole mum ber of votes cast at such elee-
tion be in favor of such new COnstitu-
tion, the Executive of this State shall,
by his proclamation. declare such new
Constitution TO be the Constitution OF
the State of California, and that it will
take effect at such time as the said
Convention may have in its direc-
ton, by resolution, or in said Constitu-
tion itself, fixed. II said Convention fix
no time for said Constitution 10 take ef-
81 ha1 70 lr of fr,,pa anIi lot "
upon such proclamation being made.


SEC. s. All willful and corrupt false
swearing in taking any of the oaths pre-
scribed by this act, or by the laws OF this
State made applica BILE to this act, or in
any other mode or form in carrying into
effect this act, shall be deemed perjury,
and shall be punished in the manner
now prescribed by law for willful and


SEC. 8. ltshall be the duty OF the Sec
retary of S ate to cause this act to be |
published once month after its passage,
until the election of delegates herein
provided, Ill not more than five OF the |
public newspapers published in this
State-one of said publications TO be in
some newspaper published in the city
and county of Francisco, and one in the
city OF Sacramento, and one in the coun-
ty of Los Angeles, and one in the county
of Nevada, and one in the county of Tu-
lare; and the expense of publishing the
same, and all other legal expenses in
ouI,tu III printing ioI ING ouscndon,
shall be audited by the Controller and
paid by the Stato Treasurer, according to
law.


SEC. 10. All the printing necessary for
the said Convention, under The provis-
ions of this act, shall be done aud per-
formed at the State Printing Office.


Sec. IL. In case any vacancy occurs, by
reason OF the death, resignation, or other
wise, of any delegate elected to said Con-
yenlion, the same shall be filled by the
Convention


SEC. IL. The sum Of one hundred and
fifty thousand dollars, or so much there
of as may be necessary, is hereby appro-
priated out of any money in the stale
Treasury, to pay the expenses of the Con-
vention provided for in this act.


SIC. l3. This act shall take effect inn
mediatelv


an @-N@E