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720. Force to preserve peace at public meetings.

SEC. 720. The mayor or other officer having the direction of the police of a city or town must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

Suppression of riots: See sec. 697, subd. 3. "Personal knowledge, or a complaint, or information, as provided in section 701, ante, or any other reliable facts coming to the officer, is

sufficient, if it induce the belief that a breach of the peace is reasonably to be apprehended:" Commissioners' note.

CHAPTER V.

SUPPRESSION OF RIOTS.

723. Power of sheriff or other officer in overcoming resistance to process. SEC. 723. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors.

"This section was amended so as to read as published in the text, by act of April 1, 1872, cited in note in lieu of section 433, ante. See also note to subdivision 3 of section 697, ante;

and section 701, ante, and note, 'Information;' and section 720, ante, and note as to sufficient apprehension:" Commissioners' note.

724. The officer to certify to court the names of the resisters, etc.

SEC. 724. The officer must certify to the court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.

"This is only to be done in case there has been actual resistance, or proof of threatened resist

ance, to the execution of process or other performance of official duty:" Commissioners' note.

725. When governor to order out a military force to aid in executing process. SEC. 725. If it appears to the governor that the civil power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficient, or the whole if necessary, of the organized national guard or enrolled militia of the state, to proceed to the assistance of the sheriff.

726. Magistrates and officers to command rioters to disperse.

SEC. 726. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse.

727. To arrest rioters if they do not disperse.

SEC. 727. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.

728. Officers who may order out the military.

SEO. 728. When there is an unlawful or riotous assembly with the intent to commit a felony, or to offer violence to person or property, or to resist by force

the laws of the state or of the United States, and the fact is made known to the governor, by any justice of the supreme court, or the judge of the superior court, or sheriff of the county, or the mayor or chief of police of a city, or the president of the board of supervisors of the cities and counties of Sacramento and San Francisco, the governor may issue an order directed to the commanding officer of a division or brigade of the organized national guard, or enrolled militia of the state, to order his command, or such part thereof as may be necessary, into active service, and to appear at a time and place therein specified to aid the civil authorities in suppressing violence and enforcing the laws. [Amendment, approved April 12, 1880; Amendments 1880, 32 (Ban. ed. 198); took effect immediately.]

729. Commanding officer and troops to obey the order.

SEC. 729. The organized national guard or enrolled militia, or such portion thereof as shall be called into active service, as provided in section seven hundred and twenty-eight, must appear at the time and place appointed, fully armed and equipped, and with not less than forty rounds of ball-cartridge to each man, if infantry or cavalry, and with not less than twenty rounds of grape, canister, or round shot, if artillery.

730. Armed force to obey orders of whom.

SEC. 730. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, as provided in section seven hundred and thirty-one, it must obey the orders in relation thereto of such civil officer.

731. Conduct of the troops.

SEC. 731. Whenever any portion of the national guard or enrolled militia shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this state or of the United States, it shall be competent for the commander-in-chief, or for the general acting in his stead, to place such troops under the temporary direction of the mayor of any city, or of the president of the board of supervisors of the cities and counties of Sacramento and San Francisco, or the person acting in that capacity, of the sheriff of any county, or of any marshal of the United States; and if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon any mob or body of persons assembled to break or resist the laws, such civil officer shall give a written order to that effect to the superior officer present in command of such troops, who will at once proceed to carry out the order, and shall direct the firing and attack to cease only when such mob or unlawful assembly shall have been dispersed, or when ordered to do so by the proper civil authority. No officer who has been called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank-cartridges upon any mob or unlawful assemblage, under penalty of being cashiered by a sentence of a court-martial; provided, that nothing in this section shall be construed as prohibiting any such troops from firing or charging upon such mob or assembly without the orders of such civil officers, in case they shall first be attacked or fired upon, or forcibly resisted in discharge of their duty. When the commander-in-chief, or general acting in his stead, shall call troops into active service for the purposes mentioned in this section, and shall not place them

under the temporary direction of any civil officer, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly.

The preceding sections, 728, 729, 730, 731, were amended so as to read as published in the

text, by act of April 1, 1872, cited in note in lieu of section 433, ante, repealed.

732. Governor may in certain cases declare a county in a state of insurrection. SEC. 732. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officers having the process to execute it, he may, on the application of the officer, or of the district attorney, or judge of a superior court of the county, by proclamation, published in such papers as he may direct, declare the county to be in a state of insurrection, and may order into the service of the state such number and description of the organized national guard, or volunteer uniformed companies, or other militia of the state, as he deems necessary, to serve for such term and under the command of such officer as he may direct. [Amendment, approved April 12, 1880; Amendments 1880, 32 (Ban. ed. 198); took effect immediately.]

733. May revoke the proclamation.

SEO. 733. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time and in the manner directed by him.

TITLE II.

OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT OR OTHERWISE.

CHAPTER I. OF IMPEACHMENTS.

II. OF THE REMOVAL OF CIVIL OFFICERS OTHERWISE THAN BY IM

PEACHMENT.

737

758

CHAPTER I.

OF IMPEACHMENTS.

737. Officers liable to impeachment.

SEC. 737. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in office. [Amendment, approved February 18, 1880; Amendments 1880, 3 (Ban. ed. 7); took effect immediately.]

Impeachment.—This section is taken from as to form of articles of impeachment, and the the first portion of section 18 of article 4 of rules generally adopted in such proceedings. the state constitution. See note to next section

738. Articles, how prepared.

SEO. 738. All impeachments must be by resolution adopted, originated in, and conducted by managers elected by the assembly, who must prepare articles of impeachment, present them at the bar of the senate, and prosecute the same. The trial must be had before the senate sitting as a court of impeachment.

Impeachment.-This section is also taken from article 4 section 17 of the state constitution. In this respect our constitution is similar to the federal constitution: Const. U. S., art. 1, sec. 3. The method of procedure generally adopted in preparing articles of impeachment in the assembly is shown by the course adopted in the impeachment of G. W. Whitman, controller, and Henry Bates, treasurer, at the eighth session of the California legislature, 1856-7: See journals of assembly of that session, pp. 253, 289, 307, 318. See, as to form of articles of impeachment, Id. 375; Senate Journal, pp. 297, 303; Proceedings on Trial of William Hardy, by Sumner & Cutter, p. 14; Proceedings in the Trial of Andrew Johnson,

739. Articles of impeachment.

p. 1. In Bouvier's Law Dictionary, tit. Impeachment, the mode of proceeding in the institution and trial of impeachments in the United States congress is set out at length. As to the rules of procedure adopted by the senate in considering articles of impeachment, see Proceedings on Trial of William Hardy, by Sumner & Cutter, pp. 6-8; Proceedings in the Trial of Andrew Johnson, pp. 6-8. During the trial of the person impeached all his functions as an officer are suspended: Opinion of Judges, 3 Neb. 464. To render articles of impeachment effective, they must be presented to and received by a constitutional majority of the senate: Matter of Executive Communication, 12 Fla. 653.

SEO. 739. When an officer is impeached by the assembly for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate.

740. Time of hearing-Service on defendant.

SEO. 740. The senate must assign a day for the hearing of the impeachment and inform the assembly thereof. The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing.

741. Service, how made.

SEC. 741. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.

742. Proceedings on failure to appear.

SEO. 742. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two last sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defendant, to trial and judgment.

743. Defendant, after appearance, may answer or demur.

SEC. 743. When the defendant appears he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation of the articles of impeachment.

744. If demurrer is overruled, defendant must answer.

SEC. 744. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he plead not guilty, the senate must, at such time as it may appoint, proceed to try the impeachment.

745. Senate to be sworn.

SEC. 745. At the time and place appointed, and before the scuate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate

then present, an oath truly and impartially to hear, try, and determine the impeachment; and no member of the senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath. 746. Two thirds necessary to a conviction.

SEC. 746. The defendant cannot be convicted on impeachment without the concurrence of two thirds of the members elected, voting by ayes and noes, and if two thirds of the members elected do not concur in a conviction, he must be acquitted. [Amendment, approved February 18, 1880; Amendments 1880, 3 (Ban. ed. 7); took effect immediately.]

The original section used the word "present" instead of "elected."

747. Judgment on conviction, how pronounced.

SEC. 747. After conviction the senate must, at such time as it may appoint, pronounce judgment, in the form of a resolution entered upon the journals of the senate.

748. When judgment of senate.

SEC. 748. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

749. Nature of the judgment.

SEO. 749. The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the state. [Amendment, approved February 18, 1880; Amendments 1880, 3 (Ban. ed. 8); took effect immediately.]

The original section had "and removed from office" after the word "suspended."

750. Effect of judgment of suspension.

SEO. 750. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

751. Officer, when impeached, disqualified until acquitted.

SEC. 751. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any officer other than the governor, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or in case of his removal, until the vacancy is filled at the next election as required by law.

752. Presiding officer when lieutenant-governor impeached.

SEC. 752. If the lieutenant-governor is impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may be chosen.

753. Impeachment not a bar to indictment.

SEC. 753. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby. [Amendment, approved February 18, 1880; Amendments 1880, 3 (Bun. ed. 8); took effect immediately.]

This chapter is based on Stats. 1851, 212 et seq.; 1857, 17.

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