HISTORY OF CALIFORNIA. 393 



almshouse, or other asylum, at puLlic expense ; nor 



Yrhile confined in any public prison. 



Sec. 5. No idiot or insane person, or person con- 

 victed of any infamous crime, shall be entitled to the 

 privileges of an elector. 



Sec. 6. All elections by the people shall be by 

 ballot. 



ARTICLE III. 



DISTRIBUTION OF POWERS. 



The powers of the government of the State of Cali- 

 fornia shall be divided into three separate depart- 

 ments : the Legislature, the Executive, and Judicial ; 

 and no person charged with the exercise of powers 

 properly belonging to one of these departments, shall 

 exercise any functions appertaining to either of the 

 others ; except in the cases hereinafter expressly 

 directed or permitted. 



ARTICLE IV. 



LEGISLATIVE DEPARTMENT. 



Sec. 1. The legislative power of this State shall 

 be vested in a Senate and Assembly, which shall be 

 desiirnated the Le^jislature of the State of California, 

 and the enacting clause of every law shall be as fol- 

 lows : " The people of the State of California, repre- 

 sented in Senate and Assembly, do enact as follows." 



Sec. 2. The sessions of the Legislature shall be 

 annual, and shall commence on the first Monday of 

 January, next ensuing the election of its members ; 

 unless the Governor of the State shall, in the interim, 

 convene the Legislature by proclamation. 



Sec. 3. The members of the Assembly shall be 



