San Diego Sav. Bank vs. Goodsell, 137 Cal. 420, 427, 70 Pac. Rep. 299. 16. QUESTION OF FACT.-In re Vance, 92 Cal. 195, 198, 28 Pac. Rep. 229; In re Donovan, 104 Cal. 623, 625, 38 Pac. Rep. 456. See note 28 Am. Dec. 295. 17. RESIDENCE OF MINOR CHILD. Home of the husband is legal domicile of family, and if he is entitled to custody of children, he has right to select any reasonable place where they shall abide with him. -Luck vs. Luck, 92 Cal. 653, 28 Pac. Rep. 787. See KERR'S CYC. CIV. CODE § 213. As to residence of minor child, in general, see notes 54 Am. Dec. 58; by Robert Desty, 13 L. R. A. 163; also briefs in 38 L. R. A. 472; 50 L. R. A. 663. As to change of ward's residence, see monographic note 89 Am. St. Rep. 278-280. 18. Abandoned child.-General rule that residence of father is residence of his unmarried minor child does not apply when child is under age of fourteen years, and has been abandoned by father. Residence of person having custody of child is then child's residence, and father cannot change such residence by surreptitiously removing child. In re Vance, 92 Cal. 195, 198, 28 Pac. Rep. 229. Compare: Dissenting opinion in Ex parte Miller, 109 Cal. 643, 662, 42 Pac. Rep. 428. 19. After adoption the residence of an adopted child is that of those who adopted As to residence of wife, in general, see note 59 Am. Dec. 112; briefs in 52 L. R. A. 420; 56 L R. A. 866. As to separate residence of married woman, exceptions to rule, see monographic note 84 Am. St. Rep. 27. 21. Desertion by husband, for time required to entitle her to apply for divorce, entitles her to her own domicile.-Moffatt vs. Moffatt, 5 Cal. 280, 281. 22. Intention of wife to conform to her husband's selection of residence, and her knowledge that he intends within few days to change residence, does not defeat her right to homestead premises from which he intends to remove.-First Nat. Bank Bruce, 94 Cal. 77, 29 Pac. Rep. 488. VS. As to homestead, and requisite residence, see KERR'S CYC. CIV. CODE §1237 and note. As to an insane person, under guardianship, changing his residence, see brief in 3 L. R. A. 254. As to residence of electors, see post § 1239 and note. TITLE III. POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO THE JURIS § 54. § 60. Rights and duties of citizens of other ALL PERSONS WITHIN THE STATE SUBJECT TO ITS JURISDICTION. Every person while within this state is subject to its jurisdiction and entitled to its protection. History: 1. Jurisdiction of state over persons. 2. Persons within state may leave it. Enacted March 12, 1872. OVER supe of 1. JURISDICTION OF STATE PERSONS.-Constitutional grant to rior court of jurisdiction in all cases equity was not intended as limitation upon power of legislature to regulate rights of persons. Spreckels vs. Hawaiian C. & S. Co., 117 Cal. 377, 49 Pac. Rep. 353. As to general rights of state over persons within its limits, see ante § 37 and note. STATE MAY 2. PERSONS WITHIN LEAVE IT without payment of license imSuch purposes. posed for state revenue license is regulation of commerce concerning which authority of Congress is para mount and exclusive.-People vs. Raymond. 34 Cal. 492. As to jurisdiction over absent citizens, see monographic note 53 Am. St. Rep. 179. As to jurisdiction of state over tribal Indians, see monographic note by H. P. Farnham, 21 L. R. A. 169; briefs in 37 L. R. A. 636; 41 L. R. A. 419. As to rights of Indians to sue, see note by Robert Desty, 13 L. R. A. 542. AS TO RIGHTS OF PERSONS WITHIN STATE, CONSTITUTIONAL DECLARATION OF RIGHTS, see Const. 1879 art. I §§ 1-24; HENNING'S GENERAL LAWS pp. lxv-lxvii. As to general personal rights, see KERR'S CYC. CIV. CODE § 43 and note. §§ 55-58 (32) ALLEGIANCE-PERSONS NOT CITIZENS. [Pt. I. § 55. ALLEGIANCE. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. History: Enacted March 12, 1872. Citizen of United States may renounce his allegiance and become citizen of another country. In re Look Tin Sing. 21 Fed. Rep. 905. § 56. ALLEGIANCE MAY BE RENOUNCED. Allegiance may be renounced by a change of residence. History: Enacted March 12, 1872. Citizen may expatriate himself and become a citizen of another country. - Brown vs. Dexter, 66 Cal. 39, 4 Pac. Rep. 913. § 57. PERSONS NOT CITIZENS. Persons in the state not its citizens are either: 1. Citizens of other states; or, 2. Aliens. History: Enacted March 12, 1872. as As to effect of marriage on wife's status an allen, see monographic note 84 Am. Dec. 210-213; by H. P. Farnham, 22 L R. A. 148. 2. FOREIGNERS WHO ARE BONA FIDE RESIDENTS of state enjoy same rights in respect to possession, enjoyment, and inheritance of property as native-born citizens.- -Const. 1879 art. I § 17; HENNING'S GENERAL LAWS p. lxvii. As to alien as grand juror, see note by Irwin Taylor, 28 L. R. A. 195. As to immigration, see post § 2949 et seq. As to rights of aliens, see note by B. A. Rich, 14 L. R. A. 583. As to right of alien to inherit, see KERR'S CYC. CIV. CODE § 1404 and note. As to right of alien to hold property, see KERR'S CYC. CIV. CODE § 671 and note. As to right of alien to sue, see note by P. H. Van Auken, 54 L. R. A. 934. As to treaty guaranties to aliens, see note by B. A. Rich, 16 L. R. A. 277. 3. NATURALIZATION. -A person of Mongolian nativity is not entitled to naturalization.-In re Hong Yen Chang, 84 Cal. 163, 24 Pac. Rep. 156. 4. Granted by state courts-Ex parte Knowles, 5 Cal. 300; In Matter of Conner, 39 Cal. 98, 2 Am. Rep. 427; Robertson vs. Baldwin, 165 U. S. 275, 278, bk. 41 L. ed. 715, 17 Sup. Ct. Rep. 326; United States vs. Severino, 125 Fed. Rep. 949, 954; Levin vs. United States, 128 Fed. Rep. 826, 828, 63 C. C. A. 476. 5. Merely filing declaration of intention to become citizen does not give alien full rights of citizenship.-Orosco vs. Gagliardo. 22 Cal. 83. 6. TITLE OF NOBILITY affixed to party's name will not be judicially noticed as evidence of his alienage.-De Tolna vs. De Tolna, 135 Cal. 575, 67 Pac. Rep. 1045. § 58. ELIGIBILITY TO OFFICE. Every elector is eligible to the office for which he is an elector, except where otherwise specially provided; and no person is eligible who is not such an elector, except when otherwise specially provided. History: Enacted March 12, 1872; amended March 10, 1891, Stats. and Amdts. 1891, p. 29. Alien is ineligible to office of county treasurer.-See Walther vs. Rabolt, 30 Cal. 185, 186. As to qualifications of electors, see post $841-843, 1083, 1084. As to women as electors for educational offices, see HENNING'S GENERAL LAWS p. 1234; also p. 210 § 54. As to women as matrons of prisons, see HENNING'S GENERAL LAWS p. 1076. § 59. RIGHTS AND DUTIES OF CITIZENS NOT ELECTORS. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office. History: Enacted March 12, 1872. Political rights of citizens of several states consist in power to participate directly or indirectly in establishment of government elective franchise, and right to hold public offices.-People vs. Washington, 36 Cal. 658, 662. § 60. RIGHTS AND DUTIES OF CITIZENS OF OTHER STATES. A citizen of the United States who is not a citizen of this state, has the same rights and duties as a citizen of this state not an elector. History: Enacted March 12, 1872. 1. Applied, cited construed, referred to. 2. Civil rights bill. 3. Limitations of actions on foreign contracts. 4. Privileges or immunities of citizens of the United States. 5. Privilege of attending public schools. 6, 7. Rules of evidence must apply without discrimination. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Lyons vs. Cunningham, 66 Cal. 42, 44, 4 Pac. Rep. 938 (cited). 2. "CIVIL RIGHTS BILL" (14 U. S. Stats. at Large, p. 27), put all persons, irrespective of race or color, born within the United States and not subject to any foreign power, excluding Indians not taxed, upon equality before laws of state in respect to personal liberty.-People vs. Washington, 26 Cal. 658. As to effect of fourteenth amendment to U. S. Const., see note 62 Am. St. Rep. 167. 3. LIMITATIONS OF ACTIONS ON FOREIGN CONTRACTS.—State law fixing period of limitations of actions upon contracts executed out of state different from that upon contracts executed within state, does not violate rights of citizens of United States in several states. Higgins VS. Graham, 143 Cal. 131, 76 Pac. Rep. 898. 4. "PRIVILEGES OR IMMUNITIES OF CITIZENS OF UNITED STATES," guaranteed by the fourteenth amendment to constitution of the United States, defined.Van Valkenburg vs. Brown, 43 Cal. 43. As to privileges and immunities of citizens, see note by Robert Desty, 1 L. R. A. 56; note by B. A. Rich, 14 L. R. A. 579. Pol. C.-3. 5. PRIVILEGE OF ATTENDING PUBLIC SCHOOLS is not "privilege" or "immunity" appertaining to citizen of United States, as such; but last clause of the fourteenth amendment to U: S. Const. forbids state to "deny any person within its jurisdiction the equal protection of its laws." Under this clause opportunity to receive education at public expense must be equal according to respective condition of each person.-Ward vs. Flood, 48 Cal. 36, 50, 17 Am. Rep. 405; Wysinger vs. Crookshank, 82 Cal. 588, 589, 23 Pac. Rep. 54; Wong Him vs. Callahan, 119 Fed. Rep. 381, 382. As to school privileges, see note by B. A. Rich, 14 L. R. A. 581. 6. RULES OF EVIDENCE MUST APPLY WITHOUT DISCRIMINATION to all citizens of United States in order that all may have "full and equal benefit of all laws and proceedings for the security of persons," etc., as provided in "Civil Rights Bill" of the United States.-People vs. Washington, 36 Cal. 658, 666. 7. Compare: People vs. Brady, 40 Cal. 198, 215, 221, 6 Am. Rep. 604, overruling People vs. Washington as to invalidity of state statute excluding Chinese testimony; also People vs. McGuire, 45 Cal. 56, 57, that Chinese testimony is admissible under code; see also Bowlin vs. Commonwealth, 2 Bush. (Ky.) 5, 92 Am. Dec. 468. As to discrimination by states, concerning rules of evidence, see note 92 Am. Dec. 472. As to rights of corporations as citizens of other states, see monographic notes 62 Am. St. Rep. 165; 85 Am. St. Rep. 906. PART II. OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERNMENT, AND LEGAL DISTANCES OF THE STATE. TITLE I. II. CHIEF POLITICAL DIVISIONS OF THE STATE, §§ 75-142. III. LEGAL DISTANCES IN THE STATE, §§ 150-208. TITLE I. CHIEF POLITICAL DIVISIONS OF THE STATE. Chapter I. COUNTIES, § 75. II. SENATORIAL DISTRICTS (superseded). III. CONGRESSIONAL DISTRICTS (superseded). CHAPTER I. COUNTIES. §75. Counties. § 75. COUNTIES. The state is divided into counties; the names, boundaries, and territorial subdivisions thereof are as declared in part four of this code. History: Enacted March 12, 1872. CHAPTER II. SENATORIAL DISTRICTS. [§§ 78-106 superseded by Apportionment Act, passed March 16, 1874, Stats. 1873-4, p. 366; present law, Act March 21, 1901, Stats. and Amdts. 1900-1, p. 535; HENNING'S GENERAL LAWS, p. 667.] CHAPTER III. CONGRESSIONAL DISTRICTS. [§ 117 superseded by Act March 30, 1872, Stats. 1871-2, p. 714; present law, Act March 23, 1901, Stats. and Amdts. 1900-1, p. 548; HENNING'S GENERAL LAWS, p. 156.] CHAPTER IV. JUDICIAL DISTRICTS. [§§ 125-142 repealed February 13, 1880, Code Amdts. 1880 (Pol. pt.), p. 1.] TITLE II. SEAT OF GOVERNMENT. 145. Located at Sacramento. § 145. LOCATED AT SACRAMENTO. The seat of government of this state is at the city of Sacramento. History: Enacted March 12, 1872. |