Livermore v. Waite

Citations

• 102 Cal. 113
• 25 L.R.A. 312
• 36 P. 424
• 1894 Cal. LEXIS 605

Syllabus

<p>Constitutional Law—Amendment of Constitution—Strict Pursuance of Power.—The constitution of the state can neither be revised nor amended except in the manner prescribed by itself, and the power which it has conferred upon the legislature in reference to proposing amendments must be strictly pursued.</p> <p>Id.—Change of Seat of Government.—The declaration that the city of Sacramento is the seat of government of this state is a part of the constitution, and although the section containing it provides for a change of the seat of government by a law to be submitted to the electors of the state, that section may also be^amended in the same manner as any other part of the constitution. '</p> <p>Id.—Conditional Amendment—Invalid Act.—The proposed amendment of January 2, 1893, to change the seat of government to the city of San Jose was invalid and ineffective, its operative effect being limited upon the uncertain conditions of the donation to the state of not less than ten acres in land, and one million dollars in money, and the approval by the governor, the secretary of state, and the attorney general of the site so donated.</p> <p>Id.—Power of Legislature to Propose Amendment. —The constitution does not permit the legislature to propose an amendment that will not upon ij;s adoption by the people become an effective part of the constitution, nor one which if ratified will take effect only at the will of other persons, or upon the approval of such other persons, on some specified act or condition.</p>