400 HISTORY OF CALIFORNIA. 



provide for the organization of cities and incorporated 

 villages, and to restrict their power of taxation, as- 

 sessment, borrowing money, contracting debts, and 

 loaning their credit, so as to prevent abuses in assess- 

 ments, and in contracting debts, by such municinal 

 corporations. 



Sec. 38. In all elections by the Legislature, the 

 members thereof shall vote viva voce, and the votes 

 shall be entered on the journal. 



ARTICLE y. 



EXECUTIVE DEPARTMENT. 



Sec. 1. The supreme executive power of this State 

 shall be vested in a chief magistrate, who shall be 

 styled the Governor of the State of California. 



Sec. 2. The Governor shall be elected by the 

 qualified electors, at the time and places of voting for 

 Members of Assembly, and shall hold his office two 

 years from the time of his installation, and until his 

 successor shall be qualified. 



Sec. 3. No person shall be eligible to the office of 

 Governor (except at the first election) who has not 

 been a citizen of the United States and a resident of 

 this State two years next preceding the election, and 

 attained the age of twenty-five years at the time of 

 said election. 



Sec. 4. The returns of every election for Governor 

 shall be sealed up and transmitted to the seat of gov- 

 ernment, directed to the Speaker of the Assembly, 

 who shall, during the first week of the session, open 

 and publish them in presence of both houses of the 

 Legislature. The person having the highest number 

 of votes shall be Governor ; but in case any two or 



