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CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
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 Cornell University Library 
 JK8525 1906 .A5 
 
 Constitution of tlie state of Nevada, as 
 
 olin 
 
 3 1924 030 495 232 
 
 , OF THll 
 
 STATE or NETADA 
 
 AS AMENDED UF TO AND 
 INCLUDING NOVEMBER 6, 1906 
 
 OOMPrEjBD ^T 
 
 W. G. DOUGLASS 
 
 SEOHIf'rAB'E OB" StATH 
 
 CAKSON CITY, NEVADA 
 State, Feinting Office, , : ; ,: J. G. McOaethy, Superintendent 
 ' ' 1907 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030495232 
 
Constitution of the State of Neyada. 
 
 [As amended up to and including November 6, 1906. J 
 
 PRELIMINARY ACTION. 
 
 1. Whereas, The Act of Congress, approved March twenty- Preamble, 
 first, A. D. eighteen hundred and sixty-four, "To enable the 
 people of the Territory of Nevada to form a Constitution and 
 State Government, and for the admission of such State into 
 the Union on an equal footing with the original States," 
 requires that the members of the Convention for framing 
 said Constitution shall, after organization, on behalf of the 
 people of said Territory, adopt the Constitution of the United 
 States; therefore be it 
 
 2. ..Resolved, That the members of this Convention, elected uniteastates 
 by the authority of the aforesaid enabling Act of Congress, adopted.''™ 
 as assembled in Carson City, the Capital of said Territory of 
 Nevada, and immediately subsequent to its organization, do 
 adopt, on behalf of the people of said Territory, the Consti- 
 tution of the United States. 
 
 ORDINANCE. 
 
 3. In obedience to the requirements of an Act of the Con- ordinance 
 gress of the United States, approved March twenty -first, ta^evocawe. 
 A. D. eighteen hundred and sixty-four, to enable the people 
 of Nevada to form a Constitution and State Government, 
 this convention, elected and convened in obedience to said 
 enabling Act, do ordain as follows, and this ordinance shall 
 be irrevocable, without the consent of the United States and 
 the people of the State of Nevada : 
 
 First — That there shall be in this State neither slavery nor slavery 
 involuntary servitude, otherwise than in the punishment for ™'^'''i'«<i- 
 crimes, whereof the party shall have been duly convicted. 
 
 Second — That perfect toleration of religious sentiment ^^^^^ *° 
 shall be secured, and no inhabitant of said State shall ever secured. 
 be molested, in person or property, on account of his or her 
 mode of religious worship. 
 
 Third — That the people inhabiting said Territory do agree. Bight to 
 and declare, that they forever disclaim all right and title to disclaimed. 
 the unappropriated public lands lying within said Territory, 
 and that the same shall be and remain at the sole and entire 
 disposition of the United States; and that lands belonging to 
 citizens of the United States, residing without the said State, 
 shall never be taxed higher than the land belonging to resi- 
 
Bight to 
 public iand 
 disclaitaed. 
 
 Declaration 
 of rights. 
 
 Paramount 
 allegiance. 
 
 CONSTITUTION OP THE STATE OP NEVADA. 
 
 dents thereof; and that no taxes shall be imposed by said 
 State on lands or property therein belonging to, or which 
 may hereafter be purchased by, the United States. 
 
 PEEAMBLE. 
 
 4. We, the people of the State of Nevada, grateful to 
 Constitution Almighty God for our freedom, in order to secure its bless- 
 prociaimea. .^^^^ insure domestic tranquility, and form a more perfect 
 government, do establish this 
 
 CONSTITUTION. 
 
 ARTICLE I. 
 
 DECLARATION OP BIGHTS. 
 
 Section 1. All men are, by nature, free and equal, and 
 have certain inalienable rights, among which are those of 
 enjoying and defending life and liberty; acquiring, posess- 
 ing and protecting property, and pursuing and obtaining 
 safety and happiness. 
 
 Sec. 2. All political power is inherent in the people. 
 Government is instituted for the protection, security, and 
 benefit of the people ; and they have the right to alter or 
 reform the same whenever the public good may require it. 
 But the paramount allegiance of every citizen is due to the 
 Federal Government, in the exercise of ail its constitutional 
 powers, as the same have been, or may be, defined by the 
 Supreme Court of the United States, and no power exists in 
 the people of this or any other State of the Federal Union to 
 dissolve their connection therewith, or perform any act tend- 
 ing to impair, subvert, or resist the supreme authority of the 
 Government of the United States. The Constitution of the 
 United States confers full power on the Federal Government 
 to maintain and perpetuate its existence, and whensoever any 
 portion of the States, or people thereof, attempt to secede 
 from the Federal Union, or forcibly resist the execution of 
 its laws, the Federal Government may, by warrant of the 
 Constitution, employ armed force in compelling obedience to 
 its authority. 
 
 Sec. 3. The right of trial by jury shall be secured to all, 
 and remain inviolate forever; but a jury trial maybe waived 
 by the parties in all civil cases, in the manner to be pre- 
 scribed by law; and in civil eases, if three-fourths of the 
 jurors agree upon a verdict, it shall stand and have the same 
 force and effect as a verdict by the whole jury; provided, the 
 Legislature, by a law passed by a two-thirds vote of all the 
 members elected to each branch thereof, may require a 
 unanimous verdict, notwithstanding this provision. 
 
 Sec. 4. The free exercise and enjoyment of religious pro- 
 Freedom of fession and worship, without discrimination or preference, 
 7ecmeA. shall forever be allowed in this State; and no person shall be 
 
 Eight of 
 
 secession 
 
 denied. 
 
 Trial by jury 
 secured 
 
CONSTITUTION OF THE STATE OP NEVADA. 3 
 
 rendered incompetent to be a witness on account of his 
 opinions on matters of his religious belief; but the liberty of 
 conscience hereby secured shall not be so construed as to 
 excuse acts of licentiousness, or justify practices inconsistent 
 with the peace or safety of this State. 
 
 Sec. 5. The privilege of the writ of habeas corpus shall not Habeas 
 oe suspended, unless when, in case of rebellion or invasion, BSspenaea, 
 the public safety may require its suspension. when. 
 
 Sec. 6. Excessive bail shall not be required, nor excessive Bail, fines 
 fines imposed; nor shall cruel or unusual punishments be ^"g^fg"™*"- 
 inflicted; nor shall witnesses be unreasonably detained. iimitea. 
 
 Sec. 7. All persons shall be bailable by sufficient sure- 
 ties, unless for capital offenses when the proof is evident or 
 the presumption great. 
 
 Sec. 8. No person shall be tried for a capital or other Trial on 
 infamous crime (except in cases of impeachment, and in cases secured™' 
 of the militia when in actual service, and the land and naval ^ 
 
 forces in time of war, or which this State may keep, with the 
 consent of Congress, in time of peace, and in cases of petit 
 larceny, under the regulation of the Legislature), except on 
 presentment or indictment of a grand jury; and in any trial 
 in any court whatever the party accused shall be allowed to 
 appear and defend in person and with counsel, as in civil 
 actions. No person shall be subject to be twice put in jeopardy Not to te 
 for the same offense; nor shall he be compelled in any crim- jeopardy. "" 
 inal case, to be a witness against himself; nor be deprived of 
 life, liberty, or property, without due process of law; nor private 
 shall private property be taken for public use without just pubue'^use!"^ 
 compensation having been first made or secured, except in 
 cases of war, riot, fire, or great public peril, in which case 
 compensation shall be afterward made. 
 
 Sec. 9. Every citizen may freely speak, write and publish Freedom oi 
 his sentiments on all subjects, being responsible for the abuse |?|ss.'' ^""^ 
 of that right; and no law shall be passed to restrain or 
 abridge the liberty of speech or of the press. In all criminal 
 prosecutions and civil actions for libels the truth may be 
 given in evidence to the jury, and if it shall appear to the 
 jury that the matter charged as libelous, is true, and was pub- 
 lished with good motives, and for justifiable ends, the party 
 shall be acquitted or exonerated. 
 
 Sec. 10. The people shall have the right freely to assemble Right oi 
 together to consult for the common good, to instruct their IndTetMon. 
 representatives, and to petition the Legislature for redress of 
 grievaiices. 
 
 Sec 11. The military shall be subordinate to the civil Military 
 power. No standing army shall be maintained by this State ment ffmitea. 
 in time of peace, and in time of war no appropriation for a 
 standing army shall be for a longer time than two years. 
 
 Sec. 12. No soldier shall, in time of peace, be quartered soiaier 
 in any'house without the consent of the owner, nor in time gow^'^"^^*^' 
 oi war, except in the manner to be prescribed by law. 
 
CONSTITUTION OF THE STATE OF NEVADA. 
 
 Rep- 
 resentation. 
 
 Debtor's 
 property 
 exempt from 
 taxation. 
 
 Certain 
 inhibitions. 
 
 Eights of 
 foreigners. 
 
 Slavery 
 prohibited. 
 
 Search and 
 
 seizure 
 
 regulated. 
 
 Treason 
 defined. 
 
 Sec. 13. Representation shall be apportioned according to 
 population. 
 
 Sec. 14. The privilege of the debtor to enjoy the neces- 
 sary comforts of life shall be recognized by wholesome laws, 
 exempting a reasonable amount of property from seizure or 
 sale for payment of any debts or liabilities hereafter con- 
 tracted; and there shall be no imprisonment for debt, except 
 in cases of fraud, libel, or slander, and no person shall be 
 imprisoned for a militia fine in time of peace. 
 
 Sec. 15. No bill of attainder, ex post facto law, or law 
 impairing the obligation of contracts, shall ever be passed. 
 
 Sec. 16. Foreigners who are, or may hereafter become, 
 lona fide residents of this State, shall enjoy the same rights 
 in respect to the possession, enjoyment and inheritance of 
 property as native-born citizens. 
 
 Sec. 17. Neither slavery nor involuntary servitude, unless 
 for the punishment of crimes, shall ever be tolerated in this 
 State. 
 
 Sec. 18. The right of the people to be secure in their 
 persons, houses, papers, and effects against unreasonable 
 seizures and searches, shall not be violated; and no warrant 
 shall issue but on probable cause, supported by oath or 
 afSrmation, particularly describing the place or places to be 
 searched, and the person or persons, and thing or things to 
 be seized. 
 
 Sec. 19. Treason against the State shall consist only in 
 levying war against it, adhering to its enemies, or giving 
 them aid or comfort. And no person shall be convicted of 
 treason, unless on the testimony of two witnesses to the same 
 overt act, or on confession in open court. 
 
 Sec. 20. This enumeration of rights shall not be construed 
 to impair or deny others retained by the people. 
 
 whom the 
 franchise 
 may be 
 enjoyed. 
 
 ARTICLE II. 
 
 EIGHT OP SUFFRAGE. 
 
 Section 1. Every male citizen of the United States (not 
 How^nd^by laboring under the disabilities named in this Constitution) 
 w om e ^j ^j^g g^gg ^j twenty-one years and upwards, who shall have 
 actually, and not constructively, resided in the State six 
 months, and in the district or county thirty days next pre- 
 ceding any election, shall be entitled to vote for all officers 
 that now are or hereafter may be elected by the people, and 
 upon all questions submitted to the electors at such election; 
 provided, that no person who has been or may be convicted 
 of treason or felony in any State or Territory of the United 
 States, unless restored to civil rights, and no person who, 
 after arriving at the age of eighteen years, shall have volun- 
 tarily borne arms against the United States, or held civil or 
 military office under the so-called Confederate States, or either 
 of them, unless an amnesty be granted to such by the Federal 
 
CONSTITUTION OF THE STATE OP NEVADA. 5 
 
 Government, and no idiot or insane person, shall be entitled 
 
 to the privilege of an elector. 
 
 [Amended by striking out the word white before the word male. Pro- 
 posed and passed at the Eighth Session of the Legislature, January 15, 
 1877, Statutes of 1877, page 213 ; agreed to and passed at the Ninth Session 
 of the Legislature, January 27, 1879, Statutes ot 1879, page 149, and approved 
 and ratified by the people at the general election of 1880.] 
 
 Sec. 2. For the purpose of voting, no person shall be Residence 
 deemed to have gained or lost a residence by reason of his 
 presence or absence while employed in the service of the 
 United States, nor while engaged in the navigation of the 
 waters of the United States or of the high seas; nor while a 
 student of any seminary of learning; nor while kept at any 
 almshouse or other asylum, at public expense; nor while 
 confined at any public prison. 
 
 Sec. 3. The right of suffrage shall be enjoyed by all per- soiaiers ana 
 sons, otherwise entitled to the same, who maybe in the mili- vote.""'''' 
 tary or naval service of the United States ; provided, the votes 
 so cast shall be made to apply to the county and township 
 of which said voters were bona fide residents at the time of 
 their enlistment; and provided further, that the payment of a 
 poll tax or a registration of such voters shall not be required 
 as a condition to the right of voting. Provision shall be 
 made by law regulating the manner of voting, holding elec- 
 tions, and making returns of such elections, wherein other 
 provisions are not contained in this Constitution. 
 
 Sec. 4. During the day on which any general election civiiproeess 
 shall be held in this State, no qualified elector shall be arrested suspended. 
 by virtue of any civil process. 
 
 Sec. 5. All elections by the people shall be by ballot, and Elections by 
 all elections by the Legislature, or by either branch thereof, ''^"°*' 
 shall be "»wa voce." 
 
 Sec. 6. Provision shall be made by law for the registra- Electors 
 tion of the names of the electors within the counties of which '^^'s'^"^^"- 
 they may be residents, and for the ascertainment, by proper 
 proofs, of the persons who shall be entitled to the right of 
 suffrage, as hereby established, to preserve the purity of elec- 
 tions, and to regulate the manner of holding and making 
 returns of the same; and the Legislature shall have power 
 to prescribe by law any other or further laws rules or oaths 
 as maybe deemed necessary as a test of electoral qualifications. 
 
 Sec. 7. The Legislature shall provide by law for the pay- poiit'ax 
 ment of an annual poll tax, of not less than two nor exceed- p''0"''^<i 'o'^- 
 ing four dollars, from each male person resident in the State 
 between the ages of twenty-one and sixty years (uncivilized 
 American Indians excepted), one -half to be applied for State 
 and one-half for county purposes; and the Legislature may, 
 in its discretion, make such payment a condition to the right 
 of voting. 
 
 Sec. 8. All persons qualified by law to vote for represen- who may 
 tatives to the G-eneral Assembly of the Territory of Nevada, constitation. 
 on the twenty-first day of March, A. D. eighteen hundred and 
 
CONSTITUTION OF THE STATE OF NEVADA. 
 
 sixty -four, and all other persons who may be lawful voters 
 in said Territory on the first Wednesday of September next 
 following, shall be entitled to vote directly upon the question 
 of adopting or rejecting this Constitution. 
 
 Powers of 
 government. 
 
 ARTICLE III. 
 
 DISTRIBUTION OF POWERS. 
 
 Section 1. The powers of the Government of the State of 
 Nevada shall be divided into three separate departments — 
 the Legislative, the Executive, and the Judicial; and no per- 
 son 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 herein 
 expressly directed or permitted. 
 
 Legislative 
 
 authority 
 
 vested. 
 
 To convene, 
 when. 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section 1. The legislative authority of this State shall be 
 vested in a Senate and Assembly, which shall be designated 
 "The Legislature of the State of Nevada," and the sessions 
 of such Legislature shall be held at the seat of Government 
 of the State. 
 
 Sec. 2. The sessions of the Legislature shall be biennial, 
 and shall commence on the third Monday of January next 
 ensuing the election of members of the Assembly, unless the 
 Governor of the State shall, in the interim, convene the 
 Legislature by proclamation. 
 
 [Amended by changing first Monday to third Monday in January. Pro- 
 posed and passed at tlie Twelfth Session of the Legislature, February 23, 1885, 
 Statutes of 1885, page 151; agreed to and passed at the Thirteenth Session of 
 the Legislature, March 3, 1887, Statutes of 1887, page 165, and approved and 
 ratified by the people at a special election held February 11, 1889.] ■ 
 
 Sec. 3. The members of the Assembly shall be chosen 
 biennially by the qualified electors of their respective dis- 
 tricts, on the Tuesday next after the first Monday in Novem- 
 ber, and their term of ofiice shall be two years from the day 
 next after their election. 
 
 Sec. 4. Senators shall be chosen at the same time and 
 places as members of the Assembly, by the qualified electors 
 of their respective districts, and their term of office shall be 
 four years from the day next after their election. 
 
 Sec. 5. Senators and members of the Assembly shall be 
 
 Who eligible, duly qualified electors in the respective counties and districts 
 
 which they represent, and the number of Senators shall not 
 
 be less than one -third nor more than one half of that of the 
 
 members of the Assembly. 
 
 Sec. 6. Each house shall judge of the qualifications, elec- 
 tions, and returns of its own members, choose its own officers 
 (except the President of the Senate), determine the rules of 
 its proceedings, and may punish its members for disorderly 
 
 Assembly- 
 men chosen. 
 
 Senators 
 chosen. 
 
 Powers of 
 each. 
 
CONSTITUTION OF THE STATE OF NEVADA. 7 
 
 conduct, and, with, the concurrence of two -thirds of all the 
 members elected, expel a member. 
 
 Sec. 7. Either house, during the session, may punish, by 
 imprisonment, any person, not a member, who shall have 
 been guilty of disrespect to the house by disorderly or con- 
 temptuous behavior in its presence; but such imprisonment 
 shall not extend beyond the final adjournment of the session. 
 
 Sec. 8. No "Senator or member of Assembly shall, during Members 
 the term for which he shall have been elected, nor for one beneflo^aries. 
 year thereafter, be appointed to any civil office of profit 
 under this State which shall have been created, or the emol- 
 uments of which shall have been increased, during such 
 term, except such office as may be filled by elections by the 
 people. 
 
 Sec. 9. No person holding any lucrative office under the Persons not 
 Government of the United States, or any other power, shall wiSn'®' 
 be eligible to any civil office of profit under this State; pro- 
 vided, that Postmasters whose compensation does not exceed 
 five hundred dollars per annum, or Commissioners of Deeds, 
 shall not be deemed as holding a lucrative office. 
 
 Sec. 10. Any person who shall be convicted of the embez- KsquaUflea 
 zlement or defalcation of the public funds of this State, or hoMng. °^ 
 who may be convicted of having given or offered a bribe to 
 procure his election or appointment to office, or received a 
 bribe to aid in the procurement of office f6r any other per- 
 son shall be disqualified from holding any office of profit or 
 trust in this State. And the Legislature shall, as soon as 
 practicable, provide by law for the punishment of such defal- 
 cation, bribery, or embezzlement as a felony. 
 
 Sec. 11. Members of the Legislature shall be privileged 
 from arrest on civil process during the session of the Legis- 
 lature, and for fifteen days next before the commencement of 
 each session. 
 
 Sec. 12. When vacancies occur in either house, the Gov- 
 ernor shall issue writs of election to fill such vacancy. 
 
 Sec. 13. A majority of all the members elected to each Rules 
 house shall constitute a quorum to transact business, but a [IgMaWve 
 smaller number may adjourn, from day to day, and may com- procedure. 
 pel the attendance of absent members in such manner and 
 under such penalties as each house may prescribe. 
 
 Sec. 14. Each house shall keep a journal of its own pro- 
 ceedings, which shall be published, and the yeas and nays 
 of the members of either house, on any question, shall, at 
 the desire of any three members present, be entered on the 
 journal. 
 
 Sec. 15. The doors of each house shall be kept open dur- f^f^^^ ^^ 
 ing its session, except the Senate while sitting in executive legislative 
 session, and neither shall, without the consent o( the other, procedure. 
 adjourn for more than three days, nor to any other place 
 than that in which they may be holding their sessions. 
 
 Sec. 16. Any bill may originate in either house of the 
 
CONSTITUTION OP THE STATE OF NEVADA. 
 
 Relating to 
 Legislative 
 procedure. 
 
 Public 
 
 moneys, how 
 
 disbursed 
 
 and 
 
 accounted 
 
 for. 
 
 Legislative 
 
 powers 
 
 restricted. 
 
 Legislature, and all bills passed by one may be amended in 
 the other. 
 
 Sec. 17. Each law enacted by the Legislature shall 
 embrace but one subject, and matters properly connected 
 therewith, which subject shall be briefly expressed in the 
 title; and no law shall be revised or amended by reference 
 to its title only; but, in such case, the Act as revised, or 
 section as amended, shall be reenacted and published at 
 length. 
 
 Sec. 18. Every bill shall be read by sections on three sev- 
 eral days in each house, unless, in case of emergencey, two- 
 thirds of the house where such bill may be pending shall 
 deem it expedient to dispense with this rule ; but the reading 
 of a bill by sections, on its final passage, shall in no case be 
 dispensed with, and the vote on the final passage of every bill 
 or joint resolution shall be taken by yeas and nays, to be 
 entered on the journals of each house; and a majority of all 
 the members elected to each house shall be necessary to pass 
 every bill or joint resolution, and all bills or joint resolutions 
 so passed shall be signed by the presiding officers of the 
 respective houses, and by the Secretary of the Senate and 
 Clerk of the Assembly. 
 
 Sec. 19. No money shall be drawn from the treasury but 
 in consequence of appropriations made by law. An accu- 
 rate statement of the receipts and expenditures of the public 
 money shall be attached to and published with the laws at 
 every regular session of the Legislature. 
 
 Sec. 20. The Legislature shall not pass local or special laws 
 in any of the following enumerated cases — that is to say: Reg- 
 ulating the jurisdiction and duties of the Justices of the Peace 
 and of Constables; for the punishment of crimes and misde- 
 meanors; regulating the practice of courts of justice; pro- 
 viding for changing the venue in civil and criminal cases; 
 granting divorces; changing the names of persons; vacating 
 roads, town plots, streets, alleys and public squares; sum- 
 moning and impaneling grand and petit juries, and provid- 
 ing for their compensation; regulating county and township 
 business; regulating the election of county and township 
 officers; for the assessment and collection of taxes for State 
 county and township purposes; providing for opening and 
 conducting elections of State, county and township officers 
 and designating the places of voting; providing for the sale 
 of real estate or personal property belonging to minors or 
 other persons under legal disabilities; giving effect to invalid 
 deeds, wills or other instruments; refunding money paid into 
 the State Treasury, or into the treasury of any county 
 releasing the indebtedness, liability or obligation of any cor- 
 poration, association or person to the State, or to any county 
 town or city of this State. But nothing in this section shall 
 be construed to deny or restrict the power of the Legislature 
 to establish and regulate the compensation and fees of county 
 
CONSTITUTION OF THE STATE OP NEVADA. 9 
 
 and township officers; to establish and regulate the rates of 
 freight, passage, toll, and charges of railroads, toll roads, 
 ditch, flume and tunnel companies incorporated under the 
 laws of this State or doing business therein. 
 
 [As amended. Proposed and passed at the Twelfth Session of the Legis- 
 lature, February 23, 1885, Statutes of 1885, page 152; agreed to and passed at 
 the Thirteenth Session of the Legislature, March 3, 1887, Statutes of 1887, 
 page 166, and approved and ratified by the people at a special election held 
 February 11, 1889.] 
 
 Sec. 21. In all cases enumerated in the preceding section. Laws 
 . and in all other cases where a general law can be made ^ifom.""** 
 applicable, all laws shall be general and of uniform operation 
 throughout the State. 
 
 Sec. 22. Provision may be made by general law for bring- suit may be 
 ing suit against the State as to all liabilities originating after againsuhe 
 the adoption of this Constitution. state. 
 
 Sec. 23. The enacting clause of every law shall be as 
 follows: "The People of the State of Nevada, represented in ■ 
 Senate and Assembly, do enact as follows," and no law shall 
 be enacted except by bill. 
 
 Sec. 24. No lottery shall be authorized by this State, nor Lottery 
 shall the sale of lottery tickets be allowed. inhibited. 
 
 Sec. 25. The Legislature shall establish a system of county county 
 and township government, which shall be uniform throughout srovemment. 
 the State. i 
 
 Sec. 26. The Legislature shall provide by law for the elec- 
 tion of a Board of County Commissioners in each county, and 
 such County Commissioners shall, jointly and individually, 
 perform such duties as may be prescribed by law. 
 
 Sec. 27. Laws shall be made to exclude from serving on who may be 
 juries all persons not qualified electors of the State, and all fTOm^m^ies. 
 persons who shall have been convicted of bribery, perjury, 
 forgery, larceny, or other high crimes, unless restored to civil 
 rights; and laws shall be passed regulating elections, and 
 prohibiting under adequate penalties, all undue influence 
 thereon from power, bribery, tumult, or other improper 
 practice. 
 
 Sec. 28. No money, shall be drawn from the State Treas- compen- 
 ury as salary or compensation to any officer or employee of byiaw. ''^ 
 the Legislature, or either branch thereof, except in cases 
 where such salary or compensation has been fixed by a law 
 in force prior to the election or appointment of such officer 
 or employee, and the salary or compensation so fixed shall 
 neither be increased nor diminished so as to apply to any 
 officer or employee of the Legislature, or either branch thereof, 
 at such session ; provided, that this restriction shall not apply 
 to the first session of the Legislature. 
 
 Sec. 29. The first regular session of the Legislature under Legislative 
 this Constitution may extend to ninety days, but no subse- umitea. 
 quent regular session shall exceed sixty days, nor any special 
 session convened by the Governor exceed twenty days. 
 Sec. 30. A homestead as provided by law, shall be exempt 
 
10 
 
 CONSTITUTION OP THE STATE OF NEVADA. 
 
 Separate 
 property of 
 ■wife. 
 
 PoAver of 
 Legislature 
 over county 
 officers. 
 
 Homesteaa from forced sale under any process of law, and shall not be 
 forc^a'slie.™ alienated without the joint consent of husband and wife 
 when that relation exists; but no property shall be exempt 
 from sale for taxes or for the payment of obligations con- 
 tracted for the purchase of said premises, or for the erection 
 of improvements thereon; provided, the provisions of this 
 section shall not apply to any process of law obtained by 
 virtue of a lien given by the consent of both husband and 
 wife, and laws shall be enacted providing for the recording of 
 such homestead within the county in which the same shall 
 be situated. 
 
 Sec. 31. All property, both real and personal, of the wife, 
 owned or claimed by her before marriage, and that acquired 
 afterward by gift, devise or descent, shall be her separate 
 property; and laws shall be passed, more clearly defining the 
 rights of the wife in relation, as well to her separate property 
 as to that held in common with her husband. Laws shall 
 also be passed providing for the registration of the wife's 
 separate property. 
 
 Sec. 32. The Legislature shall have power to increase, 
 diminish, consolidate, or abolish the following county officers: 
 County Clerks, County Recorders, Auditors, SheriflEs, District 
 Attorneys, County Surveyors, Public Administrators and 
 Superintendents of Schools. The Legislature shall provide 
 for their election by the people, and fix by law their duties 
 and compensation. County Clerks shall be ex officio Clerks 
 of the Courts of Record and of the Boards of County^ 
 Commissioners in and for their respective counties. 
 
 [As amended. Proposed and passed at the Thirteenth Session of the 
 Legislature, March 3, 1887, Statutes of 1887, page 161 ; agreed to and passed 
 at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 
 188&, page 151, and approved and ratified by the people at a special election 
 held February 11, 1889.] 
 
 Sec. 33. The members of the Legislature shall receive for 
 their services a compensation to be fixed by law, and paid 
 out of the public treasury; but no increase of such compensa- 
 tion shall take effect during the term for which the members 
 of either house shall have been elected; provided, that an 
 appropriation may be made for the payment of such actual 
 expenses as members of the Legislature may incur for post- 
 age, express charges, newspapers and stationery, not exceed- 
 ing the sum of sixty dollars for any general or special session, 
 to each member; and furthermore provided, that the Speaker 
 of the Assembly, and Lieutenant-Governor, as President of 
 the Senate, shall each, during the time of their actual attend- 
 ance as such presiding ofBcers, receive an additional allow- 
 ance of two dollars per diem. 
 
 Sec. 34. In all elections for United States Senators, such 
 election shall be held in joint convention of both houses of 
 the Legislature. It shall be the duty of the Legislature which 
 convenes next preceding the expiration of the term of such 
 Senator, to elect his successor. If a vacancy in such Sena- 
 
 Compen- 
 sation of 
 Legislators. 
 
 Election of 
 United 
 States 
 Senators. 
 
CONSTITUTION OF THE STATE OP NEVADA. 11 
 
 torial representation from any cause occur, it shall be the 
 duty of the Legislature then in session, or at the succeeding 
 session thereof, to supply such vacancy. If the Legislature 
 shall, at any time, as herein provided, fail to unite in a joint 
 convention within twenty days after the commencement of 
 the session of the Legislature for the election [of J such Sena- 
 tor, it shall be the duty of the Governor, by proclamation, to 
 convene the two houses of the Legislature in joint conven- 
 tion within not less than five days, nor exceeding ten days, 
 from the publication of his proclamation, and the joint con- 
 vention when so assembled shall proceed to elect the Senator 
 as herein provided. 
 
 Sec. 35. Every bill which may have passed the Legisla- Executive 
 tare shall, before it becomes a law, be presented to the Gov- ban""" 
 ernor. If he approve, he shall sign it; but if not, he shall 
 return it, with his objections, to the house in which it origi- 
 nated, which house shall cause such objections to be entered 
 upon its journal, and proceed to reconsider it; if, after such 
 reconsideration, it again pass both houses, by yeas and 
 nays, by a vote of two -thirds of the members elected to each 
 house, it shall become a law, notwithstanding the Governor's 
 objections. If any bill shall not be returned within five days 
 after it shall have been presented to him (Sundays excepted) , 
 exclusive of the day on which he received it, the same shall May become 
 be a law in like manner as if he had signed it, unless the v^eto!' 
 Legislature, by its final adjournment, prevent such return, in 
 which case it shall be a law, unless the Governor, within ten 
 days next after the adjournment (Sundays excepted), shall 
 file such bill, with his objections thereto, in the office of the 
 Secretary of State, who shall lay the same before the Legis- 
 lature at its next session, in like manner as if it had been 
 returned by the Governor; and if the same shall receive the 
 vote of two -thirds of the members elected to each branch of 
 the Legislature, upon a vote taken by yeas and nays, to be 
 entered upon the journals of each house, it shall become a law. 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Section 1. The supreme executive power of this State Executive 
 shall be vested in a Chief Magistrate, who shall be Governor ?°^|5. 
 of the State of Nevada. 
 
 Sec. 2. The Governor shall- be elected by the qualified f^°l^^'''' 
 electors at the time and places of voting for memb.ers of the ® ^"^ "^ ■ 
 Legislature, and shall hold his office for four 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 Gov- wbo eligible 
 ernor who is not a qualified elector, and who, at the time of oovSno? 
 such election, has not attained the age of twenty-five years, 
 and who, except at the first election under this Constitution, 
 
12 
 
 OONSTITUTION OF THE STATE OF NEVADA. 
 
 Disposition 
 of election 
 returns. 
 
 Military 
 authority of 
 Goyernor. 
 
 Duties of 
 Goyernor. 
 
 May fill 
 yacaneies. 
 
 May convene 
 Legislature. 
 
 Message .to 
 Legislature. 
 
 May adjourn 
 Legislature. 
 
 Certain 
 persons 
 ineligible. 
 
 shall not have been a citizen resident of this State for two 
 years next preceding the election. 
 
 Sec. 4. The returns of every election for Governor, and 
 other State officers voted for at the general election, shall be 
 sealed up and transmitted to the seat of government, directed 
 to the Secretary of State; and on the third Monday of Decem- 
 ber succeeding such election, the Chief Justice of the Supreme 
 Court, and the Associate Justices, or a majority thereof, shall 
 meet at the office of the Secretary of State, and open and 
 canvass the election returns for Governor and all other State 
 officers, and forthwith declare the result and publish the 
 names of the persons elected. The persons having the high- 
 est number of votes for the respective offices shall be declared 
 elected, but in case any two or more have an equal and the 
 highest number of votes for the same office, the Legislature 
 shall, by joint vote of both houses, elect one of said persons 
 to fill said office. 
 
 Sec. 5. The Governor shall be Commander - in - Chief of the 
 military forces of this State, except when they shall be called 
 into the service of the United States. 
 
 Sec. 6. He shall transact all executive business with the 
 officers of the government, civil and military, and may require 
 information in writing from the officers of the executive 
 department upon any subject relating to the duties of their 
 respective offices. 
 
 Sec. 7. He shall see that the laws are faithfully executed. 
 
 Sec. 8. When any office shall, from any cause, become 
 vacant, and no mode is provided by the Constitution and 
 laws for filling such vacancy, the Governor shall have the 
 power to fill such vacancy by granting a commission which 
 shall expire at the next election and qualification of the 
 person elected to such office. 
 
 Sec. 9. The Governor may, on extraordinary occasions, 
 convene the Legislature by proclamation, and shall state to 
 both houses, when organized, the purpose for which they have 
 been convened, and the Legislature shall transact no legisla- 
 tive business except that for which they were especially con- 
 vened, or such other legislative business as the Governo'r may 
 call to the attention of the Legislature while in session. 
 
 Sec. 10. He shall communicate by message to the Legis- 
 lature at every regular session the condition of the State and 
 recommend such measures as he may deem expedient. 
 
 Sec. 11. In case of a disagreement between the two 
 houses, with respect to the time of adjournment, the Gov- 
 ernor shall have power to adjourn the Legislature to such 
 time as he may think proper; provided, it be not beyond the 
 time fixed for the meeting of the next Legislature. 
 
 Sec. 12. No person shall while holding any office under 
 the United States Government hold the office of Governor 
 except as herein expressly provided. ' 
 
 Sec. 13. The Governor shall have the power to suspend 
 
CONSTITUTION OF THE STATE OP NEVADA. 13 
 
 the collection of fines and forfeitures, and grant reprieves for Duties of 
 a period not exceeding sixty days dating from the time of to°fln™and° 
 conviction, for all offenses, except in cases of impeachment, forfeitures. 
 Upon conviction for treason, he shall have power to suspend 
 the execution of the sentence until the case shall be reported 
 to the Legislature at its next meeting, when the Legislature 
 shall either pardon, direct the execution of the sentence, or 
 grant a further reprieve. And if the Legislature shall fail 
 or refuse to make final disposition of such ease, the sentence 
 shall be enforced at such time and place as the Governor by 
 his order may direct. The Governor shall communicate to 
 the Legislature, at the beginning of every session, every case 
 of fine or forfeiture remitted, or reprieve, pardon or commu- 
 tation granted, stating the name of the convict, the crime of 
 which he was convicted, the sentence, its date, and the date 
 of the remission, commutation, pardon or reprieve. 
 
 Sec. 14. The Governor, Justices of the Supreme Court Personnel of 
 and Attorney -General, or a major part of them, of whom pardon's, 
 the Governor shall be one, may, upon such conditions and 
 with such limitations and restrictions as they may think 
 proper, remit fines and forfeitures, commute punishments and 
 grant pardons, after convictions, in all cases, except treason 
 and impeachments, subject to such regulations as may be pro- 
 vided by law relative to the manner of applying for pardons. 
 
 Sec. 15. There shall be a seal of this State, which shall be seaiot state. 
 kept by the Governor, and used by him officially, and shall 
 be called "The Great Seal of the State of Nevada." 
 
 Sec. 16. All grants and commissions shall be in the name Grants in 
 and by the authority of the State of Nevada, sealed with the stSe.°' 
 Great Seal of the State, signed by the Governor and counter- 
 signed by the Secretary of State. 
 
 Sec. 17. A Lieutenant-Governor shall be elected at the Election and 
 same time and places, and in the same manner as the Gov- ueutlnint- 
 ernor, and his term of ofSce and his eligibility shall also be Governor, 
 the same. He shall be President of the Senate, but shall 
 only have a easting vote therein. If, during a vacancy of 
 the ofllce of Governor, the Lieutenant-Governor shall be 
 impeached, displaced, resign, die, or become incapable of per- 
 forming the duties of the office, or be absent from the State, 
 the President pro tempore of the Senate shall act as Governor 
 until the vacancy be filled or the disability cease. 
 
 Sec. 18. In case of the impeachment of the Governor, or ueutenant- 
 his removal from office, death, inability to discharge the ^^7g«™a°'^ *° 
 duties of the said office, resignation or absence from the State, Governor. 
 the powers and duties of the office shall devolve upon the 
 Lieutenant-Governor for the residue of the term, or until the 
 disability shall cease. But when the Governor shall, with 
 the consent of the Legislature, be out of the State in time of 
 war, and at the head of any military force thereof, he shall con- 
 tinue Commander-in-Chief of the military forces of the State. 
 
 Sec. 19. A Secretary of State, a Treasurer, a Controller, 
 
14 
 
 CONSTITUTION OF THE STATE OF NEVADA. 
 
 State 
 oificers, 
 terms of 
 office. 
 
 Duties of 
 Secretary of 
 State. 
 
 Personnel 
 of Board of 
 State Prison 
 Commis- 
 sioners and 
 Board of 
 Examiners. 
 
 a Surveyor -General, and an Attorney -General, shall be 
 elected at the same time and places, and in the same manner 
 as the Governor. The term of office of each shall be the 
 same as is prescribed for the Governor. Any elector shall be 
 eligible to either of said offices. 
 
 Sec. '20. The Secretary of State shall keep a true record 
 of the official acts of the legislative and executive depart- 
 ments of the Government, and shall, when required, lay the 
 same, and all matters relative thereto, before either branch of 
 the Legislature. 
 
 Sec. 21. The Governor, Secretary of State and Attorney- 
 General shall constitute a Board of State Prison Commission- 
 ers, which Board shall have such supervision of all matters 
 connected with the State Prison as may be provided by law. 
 They shall also constitute a Board of Examiners, with power 
 to examine all claims against the State (except salaries or 
 compensation of officers fixed by law), and perform such 
 other duties as may be prescribed by law, and no claim 
 against the State (except salaries or compensation of officers 
 fixed by law) shall be passed upon by the Legislature with- 
 out having been considered and acted upon by said Board of 
 Examiners. 
 
 Sec. 22. The Secretary of State, State Treasurer, State 
 Controller, Surveyor- General, Attorney -General and Super- 
 intendent of Public Instruction shall perform such other 
 duties as may be prescribed by law. 
 
 Judicial 
 
 power 
 
 vested. 
 
 Supreme 
 Court, how 
 constituted. 
 
 Election of 
 Justices of. 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Section 1. The judicial power of this State shall be vested 
 in a Supreme Court, District Courts and in Justices of the 
 Peace. The Legislature may also establish courts, for muni- 
 cipal purposes only, in incofporated cities and towns. 
 
 Sec. 2. The Supreme Court shall consist of a Chief Jus- 
 tice and two Associate Justices, a majority of whom shall 
 constitute a quorum; provided, that the Legislature, by a 
 majority of all the members elected to each branch thereof, 
 may provide for the election of two additional Associate Jus- 
 tices, and if so increased three shall constitute a quorum 
 The concurrence of a majority of the whole Court shall be 
 necessary to render a decision. 
 
 Sec. 3. The Justices of the Supreme Court shall be elected 
 by the qualified electors of the State at the general election 
 and shall hold office for the term of six years from and 
 including the first Monday of January next succeeding their 
 election; provided, that there shall be elected, at the first 
 election under this Constitution, three Justices of the Supreme 
 Court, who shall hold office from and including the first 
 Monday of December, A. D. eighteen hundred and sixty-four 
 and continue in office thereafter two, four and six years' 
 
CONSTITUTION OF THE STATE OP NEVADA. 15 
 
 respectively, from and including the first Monday of January, 
 next succeeding their election. They shall meet as soon as 
 practicable after their election and qualification, and at their 
 first meeting shall determine, by lot, the term of office each Rank of 
 shall fill, and the Justice drawing the shortest term shall be ■'"="''^*^- 
 Chief Justice, and after the expiration of his term, the one 
 having the next shortest term shall be Chief Justice, after 
 which the senior Justice in commission shall be Chief Justice, 
 and in ease the commission of any two or more of said Jus- 
 tices shall bear the same date, they shall determine by lot 
 who shall be Chief Justice. 
 
 Sec. 4. The Supreme Court shall have appellate juris- Jurisdiction 
 diction in all eases in equity; also, in all cases at law in powers ot. 
 which is involved the title or right of possession to, or the 
 possession of, real estate or mining claims, or the legality of 
 any tax, impost, assessment, toll or municipal fine, or in 
 which the demand (exclusive of interest) or the value of the 
 property in controversy exceeds three hundred dollars; also, 
 in all other civil cases not included in the general subdivisions 
 of law and equity, and also on questions of law alone in all 
 criminal eases in which the offense charged amounts to felony. 
 The Court shall also have power to issue writs of mandamus, 
 certiorari, prohibition, quo warranto and habeas corpus, and 
 also all writs necessary or proper to the complete exercise of 
 its appellate jurisdiction. Each of the Justices shall have 
 power to issue writs of habeas corpus to any part of the State 
 upon petition by, or on behalf of, any person held in actual 
 custody, and may make such writs returnable before himself 
 or the Supreme Court, or before any District Court in the 
 State, or before any Judge of said Courts. 
 
 Sec. 5, The State is hereby divided into nine judicial state divided 
 districts, of which the County of Storey shall constitute the districts!''''^ 
 first; the County of Ormsby the second; the County of Lyon 
 the third; the County of Washoe the fourth; the Counties of 
 Nye and Churchill the fifth; the County of Humboldt the 
 sixth; the County of Lander the seventh; the County of 
 Douglas the eighth, and the County of Esmeralda the ninth. 
 The County of Roop shall be attached to the County of Washoe 
 for judicial purposes, until otherwise provided by law. The 
 Legislature may, however, provide by law for an alter- 
 ation in the boundaries or divisions of the districts herein 
 prescribed, and also for increasing or diminishing the num- 
 ber of the judicial districts and Judges therein. But no such 
 change shall take effect, except in case of a vacancy, or the 
 expiration of the term of an incumbent of the office. At 
 the first general election. under this Constitution, there shall 
 be elected in each of the respective districts (except as in 
 this section hereafter otherwise provided) one District Judge, 
 who shall hold office from and including the first Monday of 
 December, A. D. eighteen hundred and sixty-four, and until 
 the first Monday of January, in the year eighteen hundred 
 
16 
 
 CONSTITUTION OF THE STATE OF NEVADA. 
 
 Manner 
 of ejecting 
 Judges. 
 
 Jurisdiction 
 of District 
 Courts. 
 
 Jurisdiction 
 of Justice 
 Courts. 
 
 and sixty-seven. After the said first election there shall be 
 elected at the general election which immediately precedes 
 the expiration of the term of his predecessor, one District 
 Judge in each of the respective judicial districts (except in 
 the first district, as in this section hereinafter provided.) 
 The District Judges shall be elected by the qualified electors 
 of their respective districts, and shall hold ofQee for the term 
 of four years (excepting those elected at said first election) 
 from and including the first Monday of January next succeed- 
 ing their election and qualification; provided, that the First 
 Judicial District shall be entitled to, and shall have, three 
 District Judges, who shall possess coextensive and concurrent 
 jurisdiction, and who shall be elected at the same times, in 
 the same manner, and shall hold office for the like terms as 
 herein prescribed in relation to the Judges in other judicial 
 districts. Any one of said Judges may preside on the 
 empaneling of grand juries, and the presentment and trial 
 on indictments, under such rules and regulations as may be 
 prescribed by law. 
 
 Sec. 6. The District Courts in the several judicial districts 
 of this State shall have original jurisdiction in all cases in 
 equity; also,' in all cases at law which involve the title or 
 the right of possession to, or the possession of, real property 
 or mining claims, or the legality of any tax, impost, assess- 
 ment, toll or municipal fine, and in all other cases in. which 
 the demand (exclusive of interest) or the value of the prop- 
 erty in controversy exceeds three hundred dollars; also, in 
 all cases relating to the estates of deceased persons, and tie 
 persons and estates of minors and insane persons, and of the 
 action of forcible entry and unlawful detainer; and also in 
 all criminal cases not otherwise provided for by law; they 
 shall also have final appellate jurisdiction in cases arising 
 in Justice Courts, and such other inferior tribunals as may 
 be established by law. The District Courts and the Judges 
 thereof shall have power to issue writs of mandamus, injunc- 
 tion, quo warranto, certiorari, and all other writs proper and 
 necessary to the complete exercise of their jurisdiction; and 
 also shall have power to issue writs of haleas corpiis on peti- 
 tion by, or on behalf of, any person held in actual custody in 
 their respective districts. 
 
 Sec. 7. The times of holding the Supreme Court and Dis- 
 trict Courts shall be as fixed by law. The terms of the 
 Supreme Court shall be held at the seat of government- and 
 the terms of the District Courts shall be held at the county 
 seats of their respective counties; provided, that in case any 
 county shall be hereafter divided into two or more districts 
 the Legislature may by law designate the places of holding 
 courts in any such districts. 
 
 Sec. 8. The Legislature shall determine the number of 
 Justices of the Peace to be elected in each city and township 
 of the State, and shall fix, by law, their powers, duties and 
 
CONSTITUTION OP THE STATE OF NEVADA. 17 
 
 responsibilities ; provided, that such Justice Courts shall not Jurisdiction 
 have jurisdiction of the following cases, viz: First— Of cases ooS"'^ 
 in which the matter in dispute is a money demand or per- 
 sonal property, and the amount of the demand (exclusive of 
 interest) or the value of the property exceeds three hundred 
 dollars. Second — Of cases wherein the title to real estate or 
 mining claims, or questions of boundaries to land, is or may 
 be involved; or of cases that in any manner shall conflict 
 with the jurisdiction of the several courts of record in this 
 State; and provided further, that Justice Courts shall have 
 such criminal jurisdiction as may be prescribed by law; and 
 the Legislature may confer upon said courts jurisdiction 
 concurrent with the District Courts, of actions to enforce 
 mechanics' liens wherein the amount (exclusive of interest) 
 does not exceed three hundred dollars; and also of actions 
 for the possession of lands and tenements, where the relation 
 of landlord and tenant exists, or when such possession has 
 been unlawfully or fraudently obtained or withheld. The 
 Legislature shall also prescribe by law the manner and deter- 
 mine the cases in which appeals may be taken from Justice 
 and other courts. The Supreme Court, the District Court, 
 and such other courts as the Legislature shall designate, shall 
 be courts of record. 
 
 Sec. 9. Provision shall be made by law prescribing the Possible 
 powers, duties and responsibilities of any municipal court ^SSta!"*' 
 that may be established in pursuance of section one of this 
 article; and also fixing by law the jurisdiction of said court, 
 so as not to conflict with that of the several courts of 
 record. 
 
 Sec. 10. No judicial oflcer, except Justices of the Peace 
 and City Recorders, shall receive to his own use any fees or 
 perquisites of office. 
 
 Sec. 11. The Justice.s of the Supreme Court and the Dis- Eligibility to 
 trict Judges shall be ineligible to any ofiftce, other than a SSfted. 
 judicial office, during the term for which they shall have 
 been elected; and all elections or appointments of any such 
 Judges by the people, Legislature or otherwise, during said 
 period, to- any office other than judicial, shall be void. 
 
 Sec. 12. Judges shall not charge juries in respect to Matters of 
 matters of fact, but may state the testimony and declare the P''^«M'=e. 
 law. 
 
 Sec. 13. The style of all process shall be "The State of 
 Nevada," and all prosecutions shall be conducted in the name 
 and by the authority of the same. 
 
 Sec. 14. There shall be but one form of civil action, and 
 law and equity may be administered in the same action. 
 
 Sec. 15. The Justices of the Supreme Court and District compen- 
 Judges shall each receive quarterly for their services a com- fuScfaf 
 pensation to be fixed by law, and which shall not be increased officers. 
 or diminished during the term for which they Shall have been 
 elected, unless in case a vacancy occurs, in which case the 
 
■18 
 
 CONSTITUTION OF THE STATE OP NEVADA. 
 
 Relating: to 
 court fees. 
 
 Leave of 
 absence of 
 judicial 
 officers 
 limited. 
 
 successor of the former incumbent shall receive only such 
 salary as may be provided by law at the time of his election 
 or appointment; and provision shall be made by law for set- 
 ting apart from each year's revenue a sufficient amount of 
 money to pay such compensation; provided, that District 
 Judges shall be paid out of the county treasuries of the 
 counties composing their respective districts. 
 
 Sec. 1G. The Legislature at its first session, and from time 
 to time thereafter, shall provide by law that upon the institu- 
 tion of each civil action and other proceedings, and also upon 
 the perfecting of an appeal in any civil action or proceeding 
 in the several courts of records in this State, a special court 
 fee or tax shall be advanced to the clerks of said courts, 
 respectively, by the party or parties bringing such action or 
 proceeding, or taking such appeal; and the money so paid in 
 shall be accounted for by such clerks, and applied towards 
 the payment of the compensation of the Judges of said courts, 
 as shall be directed by law. 
 
 Sec. 17. The Legislature shall have no power to grant 
 leave of absence to a judicial ofQcer, and any such officer who 
 shall absent himself from the State for more than ninety 
 consecutive days, shall be deemed to have vacated his office. 
 
 Sec. 18. No judicial officer shall be superseded, nor shall 
 the organization of the several courts of the Territory of 
 Nevada be changed, until the election and qualification of 
 the several officers provided for in this article. 
 
 Powers of 
 impeach- 
 ment 
 conferred. 
 
 ARTICLE VII. 
 
 IMPEACHMENT AND REMOVAL FROM OFFICE. 
 
 Section 1. The Assembly shall have the sole power of 
 impeaching. The concurrence of a majority of all the mem- 
 bers elected shall be necessary to an impeachment. All 
 impeachments shall be tried by the Senate, and, when sit- 
 ting for that purpose, the Senators shall be upon oath or 
 affirmation to do justice according to law and evidence The 
 Chief Justice of the Supreme Court shall preside over the 
 Senate while sitting to try the Governor or Lieutenant- 
 Governor upon impeachment. No person shall be convicted 
 without the concurrence of two -thirds of the Senators 
 elected. 
 
 Sec. 2. The Governor, and the other State and judicial offl- 
 ZllSt '^e'^s, except Justices of the Peace, shall be liable to impeach- 
 ment for misdemeanor or malfeasance in office ; but judgment 
 in such case shall not extend further than removal from office 
 and disqualification to hold any office of honor profit or 
 trust under this State The party, whether convicted or 
 acquitted shall nevertheless be liable to indictment, trial 
 judgment, and punishment according to law 
 
 Sec. 3. For any reasonable cause, to be entered on the 
 
CONSTITUTION OF THE STATE OP NEVADA. 19 
 
 journals of each house, which may or may not be sufficient Judicial 
 grounds for impeachment, the Chief "Justice and Associate fmp^eaciied^ 
 Justices of the Supreme Court and Judges of the District 
 Courts shall be removed from office on the vote of two -thirds 
 of the members elected to each branch of the Legislature, and 
 the Justices or Judge complained of shall be served with a 
 copy of the complaint against him, and shall have an oppor- 
 tunity of being heard in person, or by counsel, in his defense; 
 provided, that no member of either branch of the Legisla- 
 ture shall Jbe eligible to fill the vacancy occasioned by such 
 removal. 
 
 Sec. 4. Provision shall be made by law for the removal 
 from office of any civil officer other than those in this article 
 previously specified, for .malfeasance or nonfeasance in the 
 performance of his duties. 
 
 ARTICLE VIIL 
 
 MUNICIPAL AND OTHER CORPORATIONS. 
 
 Section 1. The Legislature shall pass no special Act in any 
 matter relating to corporate powers except for municipal pur- 
 poses; but corporations may be formed under general laws, 
 and all such laws may, from time to time, be altered or 
 repealed. 
 
 Sec. 2. All real property and possessory rights to the Property of 
 same, as well as personal property in this State, belong- ?axea"''°"^ 
 ing to corporations now existing or hereafter created, shall be 
 subject to taxation the same as property of individuals; jjro- 
 vided, that the property of corporations formed for munici-, 
 pal, charitable, religions, or educational purposes may be 
 exempted by law. 
 
 Sec. 3. Dues from corporations shall be secured by such 
 means as may be prescribed by law; provided, that corpora- 
 tors in corporations formed under the laws of this State shall 
 not be individually liable for the debts or liabilities of such 
 corporation. 
 
 Sec. 4. Corporations created by or under the laws of the 
 Territory of Nevada shall be subject to the provisions of such 
 laws until the Legislature shall pass laws regulating the 
 same, in pursuance of the provisions of this Constitution. 
 
 Sec. 5. Corporations may sue and be sued in all courts, 
 in like manner as individuals. 
 
 Sec. 6. No bank notes or paper of any kind shall ever be certain 
 permitted to circulate as money in this State, except the Fed- gftCTdiSea^^ 
 eral currency and the notes of banks authorized under the 
 laws of Congress. 
 
 Sec. 7. No right of way shall be appropriated to the use 
 of any corporation until full compensation be first made or 
 secured therefor. 
 
 Sec. 8. The Legislature shall provide for the organization 
 
20 
 
 CONSTITUTION OP THE STATE OF NEVADA. 
 
 of cities and towns by general laws, and restrict their power 
 of taxation, assessment, borrowing money, contracting debts, 
 and loaning their credit, except for procuring supplies of 
 water. 
 
 Sec. 9. The State shall not donate or loan money or its 
 credit, subscribe to or be interested in the stock of any com- 
 pany, association, or corporation, except corporations formed 
 for educational or charitable purposes. 
 
 Sec. 10. No county, city, town, or other municipal cor- 
 Limitation of poration shall become a stockholder in any joint -stock coni- 
 pany, corporation, or association whatever, or loan its credit 
 in aid of any such company, corporation, or association, except 
 railroad corporations, companies, or associations. 
 
 Credit 
 
 of cities and 
 
 towns 
 
 limited. 
 
 State 
 
 forbidden to 
 speculate. 
 
 county 
 indebted- 
 ness. 
 
 State 
 
 to borrow 
 
 limited. 
 
 Limit raised, 
 when. 
 
 ARTICLE IX. 
 
 finance and STATE DEBT. 
 
 Section 1. The fiscal year shall commence on the first 
 day of January in each year. 
 
 Sec. 2. The Legislature shall provide by law for an annual 
 tax sufficient to defray the estimated expenses of the State 
 for each fiscal year ; and whenever the expenses of any year 
 shall exceed the income, the Legislature shall provide for 
 levying a tax sufficient, with other sources of income, to pay 
 the deficiency, as well as the estimated expenses of such 
 ensuing year or two years. 
 
 Sec. 3. For the purpose of enabling the State to transact 
 its business upon a cash basis from its organization, the State 
 may contract public debts; but such debts shall never, in the 
 aggregate, exclusive of interest, exceed the sum of three hun- 
 dred thousand dollars, except for the purpose of defraying 
 extraordinary expenses, as hereinafter mentioned. Every 
 such debt shall be authorized by law for some purpose or 
 purposes, to be distinctly specified therein; and every such 
 law shall provide for levying an annual tax sufficient to pay 
 the interest semi-annually, and the principal within twenty 
 years from the passage of such law, and shall specially 
 appropriate the proceeds of said taxes to the payment of said 
 principal and interest; and such appropriation shall not be 
 repealed, nor the taxes be postponed or diminished until the 
 principal and interest of said debts shall have been wholly 
 paid. Every contract of indebtedness entered into or assumed 
 by, or on behalf of, the State, when all its debts and liabilities 
 amount to said sum before mentioned, shall be void and of 
 no effect, except in cases of money borrowed to repel invasion, 
 suppress insurrection, defend the State in time of war, or, if 
 hostilities be threatened, provide for the public defense. 
 
 Sec. 4. The State shall never assume the debts of any 
 county, town, city, or other corporation whatever, unless such 
 debts have been created to repel invasion, suppress insurrec- 
 tion, or to provide for the public defense. 
 
CONSTITUTION OP THE STATE OP NEVADA. 21 
 
 ARTICLE X. 
 
 TAXATION. 
 
 Section 1. The Legislature shall provide by law for a Taxation. 
 uniform and equal rate of assessment and taxation, and shall 
 prescribe such regulations as shall secure a just valuation for 
 taxation of all property, real, personal and possessory, except 
 mines and mining claims, when not patented, the proceeds 
 alone of which 'shall be asssessed and taxed, and when pat- 
 ented, each patented mine shall be assessed at not less than 
 five hundred dollars ($500), except when one hundred dollars 
 ($100) in labor has been actually performed on such patented 
 mine during the year, in addition to the tax upon the net 
 proceeds, and, also, excepting such property as may be 
 exempted by law for municipal, educational, literary, scientific, 
 or other charitable purposes. 
 
 [As amended. Proposed and passed by tbe Twenty-first Session of the 
 Nevada Legislature, March 16, 1903, Statutes of 1903, page 240; passed and 
 agreed to by the Twenty-second Session of the Nevada Legislature, March 3, 
 1905, Statutes of 1905, page 277, and approved and ratified by the people at 
 the general election of 1906.] 
 
 ARTICLE XI. 
 
 EDUCATION. 
 
 Section 1. The Legislature shall encourage by all suitable Education 
 means the promotion of intellectual, literary, scientific, min- ™oouragea. 
 ing, mechanical, agricultural and moral improvements and 
 also provide for the election by the people, at the general elec- 
 tion, of a Superintendent of Public Instruction, whose term 
 of office shall be two years from tke first Monday of January, 
 A.,D. eighteen hundred and sixty-five, and until the election 
 and the qualification of his successor, and whose duties shall 
 be prescribed by law. 
 
 Sec. 2. The Legislature shall provide for a uniform system putuc 
 of common schools, by which a school shall be established foste?ed. 
 and maintained in each school district at least six months in 
 every year; and any school district neglecting to establish 
 and maintain such a school, or which shall allow instructions 
 of a sectarian character therein, may be deprived of its pro- 
 portion of the interest of the Public School Fund during such 
 neglect or infraction; and the Legislature may pass such 
 laws as will tend to secure a general attendance of the chil- 
 dren in each school district upon said public schools. 
 
 Sec. 3. All lands, including the sixteenth and thirty-sixth Lands 
 sections in any township donated for the benefit of public deaicateato 
 schools in the Act of the Thirty-eighth Congress, to enable support of. 
 the people of Nevada Territory to form a State Govern- 
 ment, the thirty thousand acres of public lands granted by 
 an Act of Congress, approved July second, A. D. eighteen 
 hundred and sixty-two, for each Senator and Representative 
 in Congress, and all proceeds of lands that have been or may 
 hereafter be granted or appropriated by the United States to 
 
22 
 
 CONSTITUTION OP THE STATE OP NEVADA. 
 
 Lands this State, and also the five hundred thousand acres of land 
 
 dedicated to granted to the new States under the Act of Congress distribut- 
 supportof. jjig tjje proceeds of the public lands among the several States 
 of the Union, approved A. D. eighteen hundred and forty -one; 
 provided, that Congress make provision for or authorize such 
 diversion to be made for the purpose herein contained ; all 
 estates that may escheat to the State ; all of such per centum 
 as may be granted by Congress on the sale of lands ; all fines 
 collected under the penal laws of the State; all property given 
 or bequeathed to the State for educational purposes, and all 
 proceeds derived from any or all of said sources shall be and the 
 same are hereby solemnly pledged for educational purposes, 
 and shall not be transferred to any other fund for other uses ; 
 and the interest thereon shall, from time to time, be appor- 
 tioned among the several counties as the Legislature may pro- 
 vide by law; and the Legislature shall provide for the sale of 
 floating land warrants to cover the aforesaid lands, and for 
 the investment of all proceeds derived from any of the above- 
 mentioned sources, in United States bonds, or the bonds of 
 this State, or the bonds of other States of the Union; pro- 
 vided, that the interest only of the aforesaid proceeds shall be 
 used for educational purposes, and any surplus interest shall 
 be added to the principal sum; and provided further, that 
 such portions of said interest as may be necessary may be 
 appropriated for the support of the State University. 
 
 [As amended. Proposed and passed at the Twelfth Session of the Legis- 
 lature, February 25, 1885, Statutes of 1885, page 160; agreed to and passed at - 
 the Thirteenth Session of the Legislature, March 3, 1887, Statutes of 1887, .page 
 168, and approved and ratified by the people at a special election held Feb- 
 ruary 11, 1889.] 
 
 Sec. 4. The Legislature shall provide for the establish- 
 ment of a State University, which shall embrace departments 
 for agriculture, mechanic arts and mining, to be controlled 
 by a Board of Regents, whose duties shall be prescribed by 
 law. 
 
 Sec. 5. The Legislature shall have power to establish nor 
 mal schools, and such diflEerent grades of schools, from the 
 primary department to the University, as in their discretion 
 they may deem necessary, and all professors in said Univer- 
 sity, or teachers in said schools, of whatever grade, shall be 
 required to take and subscribe to the oath as prescribed in 
 Article XV of this Constitution. No professor or teacher who 
 fails to comply with the provisions of any law framed in 
 accordance with the provisions of this section shall be entitled 
 to receive any portion of the public moneys set apart for 
 school purposes. 
 
 Sec. 6. The Legislature shall provide a special tax, which 
 
 Educational shall not cxcced two mills on the dollar of all taxable prop- 
 
 speeiaitax. g^^y -^ q^^ g^^j.^^ j^ addition to the other means provided for 
 
 the support and maintenance of said University and common 
 
 schools. 
 
 [As amended. Proposed and passed at the Twelfth Session of the Leg- 
 
 State 
 University 
 
 Normal 
 School 
 
CONSTITUTION OF THE STATE OP NEVADA. 23 
 
 islature, February 25, 1885, Statutes of 1885, page 161; agreed to and passed 
 at the Thirteenth Session, March S, 1887, Statutes ot 1887, page 169, and 
 approved and ratified by the people at a special election held February 11, 
 1889.] 
 
 Sec. 7. The Governor, Secretary of State, and Superin- Board of 
 tendent of Public Instruction shall, for the first four years, consMtuted. 
 and until their successors are elected and qualified, constitute 
 a Board of Regents, to control and manage the affairs of the 
 University and the funds of the same, under such regulations 
 as may be provided by law. But the Legislature shall at its 
 regular session next preceding the expiration of the term Of 
 oflee of said Board of Regents, provide for the election of a 
 new Board of Regents, and define their duties. 
 
 Sec. 8. The Board of ' Regents shall, from the interest i'ro"<?toK.foi' 
 accruing from the first funds which come under their control, of university. 
 immediately organize and maintain the said mining depart- 
 ment in such mannei? as to make it most effective and useful; 
 provided, that all the proceeds of the public lands donated by 
 Act of Congress approved July second, A. D. eighteen hundred 
 and sixty -two for a college for the benefit of agriculture, 
 the mechanic arts, and including military tactics, shall be 
 invested by the said Board of Regents in a separate fund, to 
 be appropriated exclusively for the benefit of the first named 
 departments to the University, as set forth in section four 
 above; and the Legislature shall provide that if, through 
 neglect or any other contingency, any portion of the fund so 
 set apart shall be lost or misappropriated, the State of Nevada 
 shall replace said amount so lost or misappropriated in said 
 fund, so that the principal of said fund shall remain forever 
 undiminished. 
 
 Sec. 9. No sectarian instruction shall be imparted or tol- 
 erated in any school or University that may be established 
 under this Constitution. 
 
 Sec. 10. No public funds of any kind or character what- 
 ever, State, county, or municipal, shall be used for sectarian 
 purposes. 
 
 [Section 10 was added to Article XI by amendment. Proposed and passed 
 at the Eighth Session of the Legislature, February 27, 1877, Statutes of 1877, 
 page 221 ; agreed to and passed at the Ninth Session of the Legislature, Janu- 
 ary 27, 1879, Statutes of 1879, page 149, and approved and ratified by the 
 people at the general election of 1880.] 
 
 ARTICLE XII. 
 
 MILITIA. 
 
 Section 1. The Legislature shall provide by law for state miiitia. 
 organizing and disciplining the militia of this State, for the 
 effectual encouragement of volunteer corps, and the safe 
 keeping of the public arms. 
 
 Sec. 2. The Governor shall have power to call out the 
 militia to execute the laws of the State, or to suppress insur- 
 rection or repel invasion. 
 
24 
 
 CONSTITUTION OF THE STATE OF NEVADA. 
 
 ARTICLE XIII. 
 
 PUBLIC INSTITUTIONS. 
 
 Section 1. Institutions for the benefit of the insane, blind 
 Sanitary ana and deaf and dumb, and such other benevolent institutions 
 Stations as the public good may require, shall be fostered and sup- 
 fostered, ported by the State, subject to such regulations as may be 
 prescribed by law. 
 
 Sec. 2. A State Prison shall be established and main- 
 state Prison, tained in such manner as may be prescribed by law; and 
 provision may be made by law for the establishment and 
 maintenance of a House of Refuge for Juvenile Offenders. 
 
 Sec. 3. The respective counties of the State shall provide, 
 as may be prescribed by law, for those inhabitants who, by 
 reason of age and infirmity, or misfortunes, may have claim 
 upon the sympathy and aid of society. 
 
 Relating to 
 the indigent. 
 
 Boundaries 
 o£ State 
 
 ARTICLE XIV. 
 
 BOUNDARY. 
 
 Section 1. The boundary of the State of Nevada shall be 
 as follows: Commencing at a point formed by the intersec- 
 tion of the thirty -eighth degree of longitude west from Wash- 
 ington with the thirty -seventh degree of north latitude; 
 thence due west along said thirty- seventh degree of north 
 latitude to the eastern boundary line of the State of Cali- 
 fornia; thence in a northwesterly direction along said east- 
 ern boundary line of the State of California to the forty -third 
 degree of longitude west from Washington; thence north 
 along said forty-third degree of west longitude and said 
 eastern boundary line of the State of California to the forty- 
 second degree of north latitude; thence due east along the 
 said forty -second degree of north latitude to a point formed 
 by its intersection with the aforesaid thirty -eighth degree of 
 longitude west from Washington; thence due south down 
 said thirty -eighth degree of west longitude to the place of 
 beginning. And whensoever Congress shall authorize the 
 addition to the Territory or State of Nevada of any portion 
 of the territory on the easterly border of the foregoing defined 
 limits, not exceeding in extent one degree of longitude, the 
 same shall thereupon be embraced within and become a part 
 of this State. And furthermore provided, that all such terri- 
 tory lying west of and adjoining the boundary line herein 
 prescribed, which the State of California may relinquish 
 to the Territory or State of Nevada, shall thereupon be 
 embraced within and constitute a part of this State. 
 
 Section 1. 
 
 ARTICLE XV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 The Seat of Government shall be at Carson 
 
CONSTITUTION OF THE STATE OP NEVADA. 25 
 
 City, but no appropriation for the erection or purchase of Seat of 
 Capitol buildings shall be made during the next three years. ^°''®™'"™'- 
 
 Sec. 2. Members of the Legislature, and all officers, execu- Official oatn. 
 tive, judicial and ministerial, shall, before they enter upon 
 the duties of their respective offices, take and subscribe to the 
 following oath or affirmation: 
 
 "I, , do solemnly swear (or affirm) that I will support, 
 
 protect and defend the Constitution and Government of the 
 United States, and the Constitution and Government of the 
 State of Nevada, -against all enemies, whether domestic or 
 foreign, and that I will bear true faith, allegiance, and loyalty 
 to the same, any ordinance, resolution or law of any State 
 convention or Legislature to the contrary notwithstanding; 
 and further, that I do this with a full determination, pledge 
 and purpose, without any mental reservation or evasion what- 
 soever. And I do further solemnly swear (or affirm) that I 
 have not fought a duel, nor sent or accepted a challenge to 
 fight a duel, nor been a second to either party, nor in any 
 manner aided or assisted in such duel; nor been knowingly 
 the bearer of such challenge or acceptance, since the adgption 
 of the Constitution of the State of Nevada, and that I will 
 not be so engaged or concerned, directly or indirectly, in or 
 about any such duel during my continuance in office. And 
 further, that I will well and faithfully perform all the duties 
 
 of the office of , on which I am about to enter; (if an 
 
 oath) so help me God; (if an affirmation) under the pains and 
 penalties of perjury." 
 
 Sec. 3. No person shall be eligible to any office who is who eligible 
 not a qualified elector under this Constitution. No person '° °^°^' 
 who, while a citizen of this State, has, since the adoption of 
 this Constitution, fought a duel with a deadly weapon, sent 
 or accepted a challenge to a fight a duel with a deadly weapon, 
 either within or beyond the boundaries of this State, or who 
 has acted as second, or knowingly conveyed a challenge, or 
 aided or assisted in any manner in fighting a duel, shall be 
 allowed to hold any office of honor, profit or trust, or enjoy 
 the righ'L of suffrage under this Constitution. The Legisla- 
 ture shall provide by law for giving force and effect to the 
 foregoing provisions of this section ; provided, that females 
 over the age of twenty-one years, who have resided in this 
 State one year, and in the county or district six months next 
 preceding any election to fill either of said offices, shall be 
 eligible to the offices of Superintendent of Public Schools and 
 School Trustee. 
 
 [As amended. Proposed and passed at the Thirteenth Session of the 
 Legislature, March 3, 1887, Statutes of 1887, page 162 ; agreed to and passed 
 at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 
 1889, page 151, and approved and ratified by the people at a special election 
 held February 11, 1889.1 
 
 Sec. 4. No perpetuities shall be allowed except for elee- Perpetuities. 
 mosynary purposes. 
 
26 
 
 CONSTITUTION OF THE STATE OF NEVADA. 
 
 Legislature 
 limited. 
 
 Publication 
 of statutes 
 and reports. 
 
 Salaries may 
 be increased 
 ordiminished 
 
 Tenure of 
 
 office 
 
 limited. 
 
 Office at 
 Capital. 
 
 Census 
 taken, when. 
 
 Plurality a 
 choice. 
 
 Sec. 5. The general election shall be held on the Tuesday 
 next after the first Monday of November. 
 
 Sec. 6. The aggregate number of members of both branches 
 of the Legislature shall never exceed seventy -five. 
 
 Sec. 7. All county officers shall hold their offices at the 
 county seat of their respective counties. 
 
 Sec. 8. The Legislature shall provide for the speedy pub- 
 lication of all statute laws of a general nature, ^nd such 
 decisions of the Supreme Court as it may deem expedient; 
 and all laws and judicial decisions shall be free for publica- 
 tion by any person; pfovided, that no judgment of the 
 Supreme Court shall take effect and be operative until the 
 opinion of the Court in such case shall be filed with the 
 Clerk of said Court. 
 
 Sec. 9. The Legislature may, at any time, provide by law 
 for increasing or diminishing the salaries or compensation of 
 any of the officers whose salaries or compensation is fixed in 
 this Constitution ; provided, no such change of salary or com- 
 pensation shall apply to any officer during the term for which 
 he may have been elected. 
 
 Sec. 10. All officers whose election or appointment is not 
 otherwise provided for shall be chosen or appointed as may 
 be prescribed by law. 
 
 Sec. 11. The tenure of any office not herein provided for 
 may be declared by law, or, when not so declared, such 
 office shall be held during the pleasure of the authority 
 making the appointment; but the Legislature shall not caeate 
 any office, the tenure of which shall be longer than four years, 
 except as herein otherwise provided in this Constution. 
 
 Sec. 12. The Governor, Secretary of State, State Treas- 
 urer, State Controller, and Clerk of the Supreme Court shall 
 keep their respective offices at the seat of government. 
 
 Sec. 13. The enumeration of the inhabitants of this State 
 shall be taken, under the direction of the Legislature, if 
 deemed necessary, in A. D. eighteen hundred and sixty-five, 
 A. D. eighteen hundred and sixty-seven, A. D. eighteen hun- 
 dred and seventy .-five, and every ten years thereafter; and 
 these enumerations, together with the census that may be 
 taken under the direction of the Congress of the United 
 States in A. D. eighteen hundred and seventy, and every sub- 
 sequent ten years, shall serve as the basis of representation 
 in both houses of the Legislature. 
 
 Sec. 14. A plurality of votes given at an election by the 
 people shall constitute a choice, where not otherwise provided 
 by this Constitution. 
 
 AETICLE XVI. 
 
 AMENDMENTS. 
 
 Section 1. Any amendment or amendments to this Con- 
 stitution may be proposed in the Senate or Assembly; and if 
 
CONSTITUTION OF THE STATE OP NEVADA. 27 
 
 the same shall be agreed to by a majority Of all the members oonstitntion 
 elected to each of the two houses, such proposed amendment hS'w"'^^^' 
 or amendments shall be entered on their respective journals, 
 with the yeas and nays taken thereon, and referred to the 
 Legislature then next to be chosen, and shall be published for 
 three months next preceding the time of making such choice. 
 And if, in the Legislature next chosen as aforesaid, such pro- 
 posed amendment or amendments shall be agreed to by a 
 majority of all the members elected to each house, then it shall 
 be the duty of the Legislature to submit such proposed amend- 
 ment or amendments to the people in such manner and at 
 such time as the Legislature shall prescribe ; and if the people 
 shall approve and ratify such amendment or amendments by 
 a majority of the electors qualified to vote for members of the 
 Legislature voting thereon, such amendment or amendments 
 shall become a part of the Constitution. 
 
 Sec. 2. If at any time the Legislature, by a vote of two- 
 thirds of the members elected to each house, shall determine 
 that it is necessary to cause: a revision of this entire Constitu 
 tion, they shall recommend to the electors, at the next elec- 
 tion for members of the Legislature, to vote for or against a 
 convention, and if it shall appear that a majority of the 
 electors voting at such election shall have voted in favor of 
 calling a convention, the Legislature shall, at its next session, 
 provide by law for calling a convention to be holden within 
 six months after the passage of such law; and such conven- 
 tion shall consist of a number of members not less than that 
 of both branches of the Legislature. In determining what is 
 a majority of the electors voting at such election, reference 
 shall be had to the highest number of votes cast at such 
 election for the candidates for any office or on any question. 
 
 ARTICLE XVII. 
 
 SCHEDULE. 
 
 Section 1. That no inconvenience may arise by reason Acts ot 
 of a change from a Territorial to a permanent State Govern- ^aae vSid. 
 ment, it is declared that all rights, actions, prosecutions, 
 judgments, claims and contracts, as well of individuals as of 
 bodies corporate, including counties, towns and cities, shall 
 continue as if no change had taken place; and all process 
 which may issue under the authority of the Territory of 
 Nevada, previous to its admission into the Union as one of 
 the United States, shall be as valid as if issued in the name 
 of the the State of Nevada. , . „ 
 
 Sec 2 All laws of the Territory of Nevada, m force at the 
 time of the admission of this State, not repugnant to this 
 Constitution, shall remain in force until they expire by their 
 own limitations, or be altered or repealed by the Legislature. 
 
 Sec. 3. All fines, penalties and forfeitures accruing to the 
 Territory of Nevada, or to the people of the United States 
 
28 ' CONSTITUTION OF THE STATE OF NEVADA. 
 
 in the Territory of Nevada, shall inure to the State of Nevada. 
 Sec. 4. All recognizances heretofore taken, or which may 
 be taken before the change from a Territorial to a State gov- 
 ernment, shall remain valid, and shall pass to, and may be 
 prosecuted in the name of the State, and all bonds executed 
 to the Governor of the Territory, or to any other officer or 
 court in his or their official capacity, or to the people of the 
 United States in the Territory of Nevada, shall pass to the 
 Governor, or other officer, or court, and his or their succes- 
 sors in office, for the uses therein respectively expressed, and 
 maybe sued on, and recovery had accordingly; and all prop- 
 erty, real, personal or mixed, and all judgments, bonds, speci- 
 alities, choses in action, claims and debts of whatsoever 
 description, and all records and public archives of the Terri- 
 tory of Nevada, shall issue to and vest in the State of Nevada, 
 and may be sued for and recovered in the same manner and 
 to the same extent by the State of Nevada, as the same could 
 Ei™lme'i™^ ^^^® ^^^^ by the Territory of Nevada. All criminal prose- 
 state, cutions and penal actions, which may have arisen, or which 
 may arise before the change from a Territorial to a State 
 government, and which shall then be pending, shall be 
 prosecuted to judgment and execution in the name of the 
 State. All offenses committed against the laws of the' Terri- 
 tory of Nevada, before the change from a Territorial to a 
 State government, and which shall not be prosecuted before 
 such change, may be prosecuted in the name and by the 
 authority of the State of Nevada with like effect as though 
 such change had not taken place; and all penalties incurred 
 shall remain the same as if this Constitution had not been 
 Civil actions adopted. All actious at law and suits in equity, and 
 byltatr'^ other legal proceedings which may be pending in any of the 
 courts. courts of the Territory of Nevada at the time of the change 
 from a Territorial to a State government, may be continued 
 and transferred to and determined by any court of the State 
 which shall have jurisdiction of the subject-matter thereof. 
 All actions at law and suits in equity, and all other legal 
 proceedings, which may be pending in any of the courts of 
 the Territory of Nevada at the time of the change from a 
 Territorial to a State government, shall be continued and 
 transferred to, and may be prosecuted to judgment and exe- 
 cution, in any court of the State, which shall have juris- 
 diction of the subject-matter thereof; and all books, papers 
 and records relating to the same shall be transferred in like 
 manner to such court. 
 
 Sec. 5. For the first term of office succeeding the forma- 
 itateofficirs ^^^^ °* ^ *^***® Government, the salary of the Governor shall 
 • be four thousand dollars per annum ; the salary of the Secre- 
 tary of State shall be three thousand six hundred dollars per 
 annum; the salary of the State Controller shall be three 
 thousand six hundred dollars per annum; the salary of the 
 State Treasurer shall be three thousand six hundred dollars 
 
CONSTITUTION OP THE STATE OP NEVADA. 29 
 
 per annum; the salary of the Surveyor -General shall be salaries of 
 one thousand dollars per annum; the salary of the Attorney- s'^'^officers. 
 General shall be two thousand five hundred dollars per 
 annum ; the salary of the Superintendent of Public. Instruc- 
 tion shall be two thousand dollars per annum; the salary of 
 each Judge of the Supreme Court shall be seven thousand 
 dollars per annum. The salaries of the foregoing officers 
 shall be paid quarterly, out of the State Treasury. The pay 
 of State Senators and members of Assembly shall be eight 
 dollars per day, for each day of actual service, and forty 
 cents per mile for mileage going to and returning from the 
 place of meeting. No officer mentioned in this section shall 
 receive any fee or perquisites to his own use for the perform- 
 ance of any duty connected with his office, or for the per- 
 formance of any additional duty imposed upon him by law. 
 
 Sec. 6. Until otherwise provided by law, the apportion- Apportion- 
 ment of Senators and Assemblymen in the different counties Legislators 
 shall be as follows, to wit: Storey County, four Senators and 
 twelve Assemblymen; Douglas County, one Senator and two 
 Assemblymen; Esmeralda County, two Senators and four 
 Assemblymen; Humboldt County, two Senators and three 
 Assemblymen; Lander County, two Senators and four Assem- 
 blymen; Lyon County, one Senator and three Assemblymen ; 
 Lyon and Churchill Counties, one Senator jointly; Churchill 
 County, one Assemblyman; Nye County, one Senator and 
 one Assemblyman ; Ormsby County, two Senators and three 
 Assemblymen; Washoe and Roop Counties, two Senators and 
 three Assemblymen. 
 
 Sec. 7. All debts and liabilities of the Territory of Nevada, Territorial 
 lawfully incurred, and which remain unpaid at the time of by sute™^ 
 the admission of this State into the Union, shall be assumed 
 by and become the debt of the State of Nevada; provided, 
 that the assumption of such indebtedness shall not prevent 
 the State from contracting the additional indebtedness, as 
 provided in section three of Article IX of this Constitution. 
 
 [Sections 8 to 26, inclusive, are now only historical.] 
 
 Sec. 8. The term of State officers (except judicial) elected 
 at the first election under this Constitution, shall continue 
 until the Tuesday after the first Monday of January, A. D. 
 eighteen hundred and sixty -seven, and until the election and 
 qualification of their successors. 
 
 Sec. 9. The Senators to be elected at the first election 
 under this Constitution shall draw lots, so that the term of 
 one-half of the number, as nearly as may be, shall expire on 
 the day succeeding the general election in A. D. eighteen 
 hundred and sixty -six, and the term of the other half shall 
 expire on the day succeeding the general election- in A. D. 
 eighteen hundred and sixty -eight; provided, that in drawing 
 lots for all Senatorial terms, the Senatorial representation 
 shall be allotted so that in the counties having two or more 
 
30 CONSTITUTION OP THE , STATE OF NEVADA. 
 
 Obsolete, Senators, the terms thereof shall be divided, as nearly as may 
 UBtoricai 1^^^ between the long and short terms. 
 
 Sec. 10. At the general election in A. D. eighteen hun- 
 dred and sixty-six, and thereafter, the term of Senators shall 
 be four years from the day succeeding such general election, 
 and members of the Assembly for two years from the day suc- 
 ceeding such general election, and the terms of Senators shall 
 be allotted by the Legislature in long and short terms, as 
 hereinbefore provided, so that one -half the number, as nearly 
 as may be, shall be elected every two years. 
 
 Sec. 11. The term of the members of the Assembly elected 
 at the first general election under this Constitution shall 
 expire on the day succeeding the general election in A. D. 
 eighteen hundred and sixty -five; and the terms of those 
 elected at the general election in A. D. eighteen hundred and 
 sixty -five shall expire on the day succeeding the general elec- 
 tion in A. D. eighteen hundred and sixty -six. 
 
 Sec. 12. The first regular session of the Legislature shall 
 commence on the second Monday of December, A. D. eighteen 
 hundred and ^ixty-four, and the second regular session of the 
 same shall commence on the first Monday of January, A. D. 
 eighteen hundred and sixty -six, and the third regular session 
 of the Legislature shall be the first of the biennial sessions, 
 and shall commence on the first Monday of January, A. D. 
 eighteen hundred and sixty -seven; and the regular sessions 
 of the Legislature shall be held thereafter biennially, com- 
 mencing on the first Monday of January. 
 
 [Section 12 superseded by Section 2, Article IV.] 
 
 Sec. 13. All county officers under the laws of the Territory 
 of Nevada at the time when the Constitution shall take effect, 
 whose offices are not inconsistent with the provisions of this 
 Constitution, shall continue in office until the first Monday 
 of January, A. D. eighteen hundred and sixty-seven, and 
 until their successors are elected and qualified ; and all town- 
 ship officers shall continue in office until the expiration of 
 their terms of office, and until their successors are elected 
 and qualified; provided, that the Probate Judges of the sev- 
 eral counties, respectively, shall continue in office until the 
 election and qualification of the District Judges of the several 
 counties or judicial districts; and provided further, that the 
 term of office of the present county officers of Lander County 
 shall expire on the first Monday of January, A. D. eighteen 
 hundred and sixty-five, except the Probate Judge of said 
 county, whose term of office shall expire upon the first Mon- 
 day of December, A. D. eighteen hundred and sixty -four, and 
 thei^e shall be an election for county officers of Lander County 
 at the general election in November, A. D. eighteen hundred 
 and sixty-four, and the officers then elected shall hold office 
 from the first Monday of January, A. D. eighteen hundred 
 and sixty -five, until the first Monday of January A D 
 
CONSTITUTION OF THE STATE OF NEVADA. 31 
 
 eighteen hundred and sixty -seven, and until their successors obsolete, , 
 are elected and qualified. historical 
 
 Sec. 14. The Governor, Secretary, Treasurer and Superin- 
 tendent of Public Instruction of the Territory of Nevada shall 
 each continue to discharge the duties of their respective, 
 offices after the admission of this State into the Union, and 
 until the time designated for the qualification of the above- 
 named officers to be elected under the State Government; 
 and the Territorial Auditor shall continue to discharge the 
 duties of his said office until the time appointed for the quali- 
 fication of the State Controller; provided, that the said officers 
 shall each receive the salaries, and be subject to the restric- 
 tions and conditions provided in this Constitution ; and pro- 
 vided further, that none of them shall receive to his own 
 use any fees or perquisites for the performance of any duty 
 connected with his office. 
 
 Sec. 15. The terms of the Supreme Court shall, until pro- 
 vision be made by law, be held at such times as the Judges 
 of the said court, or a majority of them may appoint. The 
 first terms of the several District Courts (exeepr, as hereinafter 
 mentioned) shall commence on the first Monday of Decem- 
 ber, A. D. eighteen hundred and sixty-four. The first term 
 of the District Court in the Fifth Judicial District shall com- 
 mence on the first Monday of December, A. D. eighteen 
 hundred and sixty-four, in the County of Nye, and shall com- 
 mence on the first Monday of January, A. D. eighteen hundred 
 and sixty-five, in the County of Churchill. The terms of the 
 Fourth Judicial District Court shall, until otherwise provided 
 by law, be held at the county seat of Washoe County, and 
 the first term thereof commence on the first Monday of 
 December, A. D. eighteen hundred and sixty-four. 
 
 Sec. 16. The Judges of the several District Courts of this 
 State shall be paid, as hereinbefore provided, salaries at the 
 following rates per annum: First Judicial District (each 
 Judge), six thousand dollars; Second Judicial District, four 
 thousand dollars; Third Judicial District, five thousand dol- 
 lars; Fourth Judicial District, five thousand dollars; Fifth 
 Judicial District, thirty-six hundred dollars; Sixth Judicial 
 District, four thousand dollars; Seventh Judicial District, six 
 thousand dollars; Eighth Judicial District, thirty -six hundred 
 dollars; Ninth Judicial District, five thousand dollars. 
 
 Sec. 17. The salary of any Judge in said judicial districts 
 may, by law, be altered or changed, subject to the provisions 
 contained in this Constitution. 
 
 Sec. 18.' TheGovernor, Lieutenant-Governor, Secretary of 
 State, State Treasurer, State Controller, Attorney -General, 
 Surveyor -General, Clerk of the Supreme Court, and Superin- 
 tendent of Public Instruction, to be elected at the first elec- 
 tion under this Constitution, shall each qualify and enter 
 upon the duties of their respective offices on the first Monday 
 
32 CONSTITUTION OF THE STATE OP NEVADA. 
 
 Obsolete, of December succeeding their election, and shall continue in 
 wstoricai ^gj^g ^^^-j ^jjg fl^gj Tuesday after the first Monday of Janu- 
 ary, A. D. eighteen hundred and sixty-seven, and until the 
 election and qualification of their successors respectively. 
 
 Sec. 19. The Judges of the Supreme Court and District 
 Judges to be elected at the first election under this Consti- 
 tution shall qualify and enter upon the duties of their respect- 
 ive offices on the first Monday of December succeeding their 
 election. 
 
 Sec. 20. All officers of State, and District Judges first 
 elected under this Constitution shall be commissioned by the 
 Governor of this Territory, which commission shall be coun- 
 tersigned by the Secretary of the same, and shall qualify, 
 before entering upon the discharge of their duties, before any 
 officer authorized to administer oaths under the laws of this 
 Territory; and also the State Controller and State Treasurer 
 shall each respectively, before they qualify and enter upon 
 the discharge of their duties, execute and deliver to the Sec- 
 retary of the Territory of Nevada an official bond, made pay- 
 able to the people of the State of Nevada, in the sum of 
 thirty thousand dollars, to be approved by the Governor of 
 the. Territory of Nevada, and shall also execute and deliver 
 to the Secretary of State such other or further official bond or 
 bonds as may be required by law. 
 
 Sec. 21. Bach county, town, city, and incorporated vil- 
 lage shall make provision for the support of its own officers 
 subject to such regulations as may be prescribed by law. 
 
 Sec. 22. In case the office of any Justice of the Supreme 
 Court, District Judge, or other State officer shall become 
 vacant before the expiration of the regular term for which he 
 was elected, the vacancy may be filled by appointment by 
 the Governor, until it shall be supplied at the next general 
 election, when it shall be filled by election for the residue of 
 the unexpired term. 
 
 Sec. 23. All cases, both civil and criminal, which may be 
 pending and undetermined in the Probate Courts of the sev- 
 eral counties at the time when, under the provisions of this 
 Constitution, said Probate Courts are to be abolished, shall 
 be transferred to and determined by the District Courts of 
 such counties respectively. 
 
 Sec. 24. For the first three years after the adoption of 
 this Constitution, the Legislature shall not levy a tax for 
 State purposes exceeding one per cent per annum on the 
 taxable property in the State; provided, the Legislature may 
 levy a special tax, not exceeding one-fourth of one per cent 
 per annum, which shall be appropriated to the payment of 
 the indebtedness of the Territory of Nevada assumed by the 
 State of Nevada, and for that purpose only, until all of" said 
 indebtedness is paid. 
 
 Sec. 25. The County of Roop shall be attached to the 
 
CONSTITUTION OP THE STATE OF NEVADA. 33 
 
 County of Washoe for judicial, legislative, revenue and county obsolete, 
 purposes until otherwise provided by law. Sni'y."*''" 
 
 Sec. 26. At the first regular session of the Legislature to 
 convene under the requirements of this Constitution, pro- 
 vision shall be made by law for paying for the publication 
 of six hundred copies of the debates and proceedings of this 
 Convention in book form, to be disposed of as the Legislature 
 may direct; and the Hon. J. Neely Johnson, President of 
 this Convention, shall contract for, and A. J. Marsh, Official 
 Reporter of this Convention, under the direction of the Presi- 
 dent, shall supervise the publication of such debates and 
 proceedings. Provision shall be made by law at such first 
 session of the Legislature for the compensation of the official 
 reporter of this convention, and he shall be paid in coin, or 
 its equivalent. He shall receive, for his services in reporting 
 the debates and proceedings, fifteen dollars per day during 
 the session of the convention, and seven and one -half dollars 
 additional for each evening session, and thirty cents per 
 folio of one hundred words for preparing the same for publi- 
 cation; and for supervising and indexing such publication 
 the sum of fifteen dollars per day during the time actually 
 engaged in such service. 
 
 ARTICLE XVni. 
 
 RIGHT OF SUFFRAGE. 
 
 Section 1. The rights of suffrage and office-holding shall ^j'^J'^^^gg 
 not be withheld from any male citizen of the United States not to be 
 by reason of his color or previous condition of servitude. withheld. 
 
 [Article XVIII was proposed and passed at the Eighth Session of 
 the Legislature, January 15, 1877, Statutes of 1877, page 213; agreed to and 
 passed at the Ninth Session of the Legislature, January 27, 1879, Statutes 
 of 1879, page 149, and approved and ratified by the people at the General 
 election of 1880.] 
 
 ARTICLE XIX. 
 
 INITIATIVE AND REFERENDUM. 
 
 Section 1. Whenever ten per fpntnm o r niore of ^^^ ^^'^^,*f |^';^ 
 vot ers of this State! as shown by the number of votes cast people for ° 
 artET last prece ding general election ^ shall express_^eir ^f^^^VA 
 wish that any law'oT resoTMim'maaeby' the L e^s^^ebe onpetMon 
 s1IBmT!tectTo a vbtrnsnffie 'peopleT'F^ oi voters. 
 
 the'Siily of announcing ahdjJWck'immg elections, and of^tf- 
 fying nominationCpr'questidns 'to~be voted on, shall^Submit^ 
 the'question of the approval or. disapproval of said law_or 
 resolution to be voted on at the_next ensuing election wherem 
 
 a'State or Congressional officer isTo^be voted for, OTjrherein 
 gny"giimlcjn:-mgy be~voted "orf by the' electors of The entire 
 State. w„ ^. , OI. t. 
 
 ' Sec. 2. When a majority of the electors voting at a btate Majority 
 election shall by their votes signify approval of a law or ^"p^rove or 
 resolution, such law or resolution shall stand as the law of disapprove. 
 
34 ' CONSTITUTION OP THE STATE OF NEVADA. 
 
 the State, and shall not be overruled, annulled, set aside, sus- 
 pended, or in any way made inoperative except by the direct 
 vote 6f the people. When such majority shall so signify dis- 
 approval the law or resolution so disapproved shall be void 
 and of no effect. 
 
 [Article XIX was proposed and passed at tbe Twentieth Session of the 
 Legislature, March 15, 1901, Statutes of 1901, page 139, agreed to and passed 
 at the Twenty-first Session of the Legislature, March 3, 1903, and approved 
 and ratified by the people at the general election of 1904.J 
 
 ELECTION ORDINANCE. 
 
 Whereas, The enabling Act passed by Congress and 
 approved March twenty-first, A. D. eighteen hundred and 
 sixty-four, requires that the Convention charged with the 
 duty of framing a Constitution for a State Government " shall 
 provide by ordinance for submitting said Constitution to the 
 people of the Territory of Nevada for their ratification or 
 rejection," on a certain day prescribed therein; therefore this 
 Convention, organized in pursuance of said enabling Act, do 
 establish the following 
 
 ORDINANCE. 
 
 *Sbction 1. The Governor of the Territory of Nevada is 
 Obsolete hereby authorized to issue his proclamation for the submis- 
 ^is OTica gj^^ ^j ^j^^g Constitution to the people of said Territory, for 
 their approval or rejection, on the day provided for such sub- 
 mission by Act of Congress; and this Constitution shall be 
 submitted to the qualified electors of said Territory, in the 
 several counties thereof, for their approval or rejection, at the 
 time provided by such Act of Congress ; and further, on the 
 first Tuesday after the first Monday of November, A. D. 
 eighteen hundred and sixty -four, there shall be a general 
 election in the several counties of said Territory for the elec- 
 tion of State officers. Supreme and District Judges, members 
 of the Legislature, Representative in Congress, and three 
 Presidential Electors. 
 
 Sec. 2. All persons qualified by the laws of said Terri- 
 tory to vote for Representatives to the General Assembly on 
 the said Twenty-first day of March, including those in the 
 army of the United States, both within and beyond the 
 boundaries of said Territory, and also all persons who may, 
 bythe aforesaid laws, be qualified to vote on the first Wed- 
 nesday of September, A. D. eighteen hundred and sixty-four, 
 including those in the aforesaid army of the United States^ 
 within and without the boundaries of said Territory, may 
 vote for the adoption or rejection of said Constitution, on 
 the day last above named. In voting upon this Constitution 
 each elector shall deposit in the ballot box a ticket, whereon 
 shall be clearly written or printed "Constitution— Yes" or 
 "Constitution— No," or such other words as shall clearly 
 indicate the intention of the elector. 
 
 *Thi8 ordinance now only is historical. 
 
CONSTITUTION OF THE STATE OF NEVADA. 35 
 
 Sec. 3. All persons qualified by the laws of said Terri- obsolete, 
 tory to vote on the Tuesday after the first Monday of Novem- Stfiy ""'" 
 ber, A. D. eighteen hundred and sixty-four, including those 
 in the army of the United States, within and beyond the 
 boundaries of said Territory, may vote on the day last above 
 named for State officers, Supreme and District Judges, mem- 
 bers of the Legislature, Representative in Congress and three 
 Presidential Electors to the Electoral College. 
 
 Sec. 4. The elections provided in this ordinance shall be 
 holden at such places as shall be designated by the Boards of 
 Commissioners of the several counties in said Territory. The 
 Judges and Inspectors of said elections shall be appointed by 
 said Commissioners, and the said elections shall be conducted 
 in conformity with the existing laws of said Territory in 
 relation to holding the general election. 
 
 Sec. 5. The Judges and Inspectors of said elections shall 
 carefully count each ballot immediately after said elections 
 and forthwith make duplicate returns thereof to the Clerks 
 of the said County Commissioners of their respective counties; 
 and said Clerks, within fifteen days after said election, shall 
 transmit an abstract of the votes, including the soldiers' vote, 
 as herein provided, given for State officers. Supreme and 
 District Judges, Representative in Congress and three Presi- 
 dential Electors, enclosed in an envelope, by the most safe 
 and expeditious conveyance, to the Governor of said Territory, 
 marked "Election Returns." 
 
 Sec. 6. Upon the receipt of said returns, including those 
 of the soldiers' vote, or within twenty days after the election, 
 if said returns be not sooner recewed, it shall be the duty of 
 the Board of Canvassers, to consist of the Governor, United 
 States District Attorney and Chief Justice of said Territory, 
 or any two of them, to canvass the returns in the presence 
 of all who may wish to be present, and if a majority of all 
 the votes given upon this Constitution shall be in its favor, 
 the said Governor shall immediately publish an abstract of 
 the same, and make proclamation of the fact in some news- 
 paper in said Territory, and certify the same to the President 
 of the United States, together with a copy of the Constitution 
 and ordinance. The said Board of Canvassers, after canvass- 
 ing the votes of the said November elections, shall issue cer- 
 tificates of election to such persons as were elected State 
 officers. Judges of the Supreme and District Courts, Repre- 
 sentative in Congress and three Presidential Electors. When 
 the President of the United States shall issue his proclamation 
 declaring this State admitted into the Union on an equal 
 footing with the original States, this Constitution shall thence- 
 forth be ordained and established as the Constitution of the 
 State of Nevada. 
 
 Sec. 7. For the purpose of taking the vote of the electors 
 of said Territory who may be in the army of the United 
 States, the Adjutant -General of said Territory shall, on or 
 
36 CONSTITUTION OF THE STATE OF NEVADA. 
 
 Obsolete, before the fifth day of August next following, make out a 
 historical jjg^ .^ alphabetical order, and deliver the same to the Gov- 
 ernor, of the names of all the electors, residents of said Ter- 
 ritory, who shall be in the army of the United States, stating 
 the number of the regiment, battalion, squadron, or battery 
 to which he belongs, and also the county and township of his 
 residence in said Territory. 
 
 Sec. 8. The Governor shall classify and arrange the afore- 
 said returned list, and shall make therefrom separate lists of 
 the electors belonging to each regiment, battalion, squadron 
 and battery from said Territory, in the service of the United 
 States, and shall, on or before the fifteenth day of August 
 following, transmit, by mail or otherwise, to the commanding 
 officer of each regiment, battalion, squadron and battery, a 
 list of electors belonging thereto, which said list shall specify 
 the name, residence and rank of each elector and the com- 
 pany to which he belongs, if to any, and also the county and 
 township to which he belongs, and in which he is entitled to 
 vote. 
 
 Sec. 9. Between the hours of nine o'clock a. m. and three 
 o'clock p. m., on each of the election days hereinbefore named, 
 a ballot box or suitable receptacle for votes, shall be opened, 
 under the immediate charge and direction of three of the 
 highest officers in command, for the reception of votes from 
 the electors whose names are upon said list, at each place 
 where a regiment, battalion, squadron, or battery of soldiers 
 from said Territory, in the army of the United States, may 
 be on that day, at which time and place said elector shall be 
 entitled to vote for all ofOcers for which, by reason of their 
 residence in the several counties in said Territory, they are 
 authorized to vote, as fully as they would be entitled to vote 
 in the several counties or townships in which they reside, and 
 the votes so given by such electors, at such time and place, 
 shall be considered, taken and held to have been given by 
 them in the respective counties and townships in which they 
 are resident. 
 
 Sec. 10. Bach ballot deposited for the adoption or rejec- 
 tion of this Constitution, in the army of the United States, 
 shall have distinctly written or printed thereon "Constitution 
 — Yes,"or"Constitution— No,"orwords of a similar import; 
 and, further, for the election of State ofacers. Supreme and 
 District Judges, members of the Legislature, Representative 
 in Congress, and three Presidential Electors, the name and 
 office of the person voted for shall be plainly written or 
 printed on one piece of paper. The name of each elector 
 voting as aforesaid shall be checked upon the said list, at the 
 time of voting, by one of the said officers having charge of 
 the ballot box. The said officers having charge of the elec- 
 tion shall count the votes and compare them with the checked 
 lists immediately after the closing of the ballot box. 
 
CONSTITUTION OF THE STATE OP NEVADA. 37 
 
 Sec. 11. All the ballots cast, together with the said voting obsolete, 
 list checked as aforesaid, shall be immediately sealed up and Sfiy™"' ' 
 sent forthwith to the Governor of said Territory, at Carson 
 Oity by mail or otherwise, by the commanding ofiQeer, who 
 shall make out and certify duplicate returns of votes given 
 according to the forms hereinafter prescribed, seal up and 
 immediately transmit the same to the said Governor, at Car- 
 son City, by mail or otherwise, the day following the trans- 
 mission of the ballots and the voting list herein named. The 
 said commanding officer shall also immediately transmit to 
 the several County Clerks in said Territory, an abstract of 
 the votes given at the general election in November, for county 
 officers, marked "Election Returns." 
 
 8ec. 12. The forms of returns of votes to be made by the 
 commanding officer to the Governor and County Clerks of 
 said Territory shall be in substance as follows, viz: 
 
 Returns of soldiers' votes in the (here insert the regiment, 
 detachment, battalion, squadron, or battery). 
 
 (For first election— On the Constitution.) 
 
 Ii , hereby certify that on the first Wednes- 
 day of September, A. D. eighteen hundred and sixty -four, the 
 electors belonging to the (here insert the name of the regi- 
 ment, detachment, battalion, squadron, or battery) cast the 
 following number of votes for and against the Constitution 
 for the State of Nevada, viz.- 
 
 For Constitution — (number of votes written in full and in 
 figures). 
 
 Against Constitution — (number of votes written in full and 
 in figures). 
 
 (Second election — For State and other officers.) 
 
 I, , hereby certify that on the first Tuesday 
 
 after the first Monday in November, A. D. eighteen hundred 
 and sixty-four, the electors belonging to the (here insert as 
 above) cast the following number of votes for the several 
 officers and persons hereinafter named, viz: 
 
 For Governor — (names of persons voted for, number of 
 votes for each person voted for, written in full, and also in 
 figures, against the name of each person). 
 
 For Lieutenant-Governor — (names of candidates, number 
 of votes cast for each written out and in figures as above. ) 
 
 Continue as above till the list is completed. 
 
 Attest: I. A. B. 
 
 Commanding officer of the (here insert regiment, detachment, 
 
 battalion, squadron, or battery, as the case may be). 
 
 Sec. 13. The Governor of this Territory is requested to fur- 
 nish each commanding officer, within and beyond the bound- 
 aries of said Territory, proper and sufficient blanks for said 
 returns. 
 
 Sec. 14. The provisions of this ordinance in regard to the 
 soldiers' vote shall apply to future elections under this Con- 
 
38 
 
 CONSTITUTION OP THE STATE OP NEVADA. 
 
 Obsolete, 
 historical 
 only. 
 
 List of 
 delegates 
 to Consti- 
 tutional 
 Convention. 
 
 stitution, and be in full force until the Legislature shall pro- 
 vide by law for taking the votes of citizens of said Territory 
 in the army of the United States. 
 
 Done in Convention, at Carson City, the twenty -eighth day 
 of July, in the year of our Lord one thousand eight hundred 
 and sixty-four, and of the independence of the United States 
 the eighty-ninth, and signed by the delegates. 
 
 J. NBELY JOHNSON, 
 President of the Convention and Delegate from Ormsby County. 
 
 WM. M. GILLESPIE, Secretary. 
 
 Henry B. Brady Delegate from Washoe County 
 
 B. F. Dunne Delegate from Humboldt County 
 
 J. G. McClinton Delegate from Esmeralda County 
 
 G. N. Folsom Delegate from Washoe County 
 
 P. H. Kennedy Delegate from Lyon County 
 
 W. W. Belden Delegate from Washoe County 
 
 P. M. Proctor Delegate from Nye County 
 
 Albert T. Hawley Delegate from Douglas County 
 
 Geo. L. Gibson Delegate from Orrasby County 
 
 F. Tagliabue Delegate from Nye County 
 
 Wm. Wetherill Delegate from Esmeralda County 
 
 John A. Collins Delegate from Storey County 
 
 Jas. A. Banks Delegate from Humboldt County 
 
 J. S. Crosman Delegate from Lyon County 
 
 Saml. A. Chapin Delegate from Storey County 
 
 C. M. Brosnan Delegate from Storey County 
 
 John H. Kinkead Delegate from Ormsby County 
 
 Geo. A. Hudson Delegate from Lyon County 
 
 Israel Crawford Delegate from Ormsby County 
 
 A. J. Lockwood Delegate from Ormsby County 
 
 H. G. Parker Delegate from Lyon County 
 
 J. H. Warwick Delegate from Lander County 
 
 C. E. DeLong Delegate from Storey County 
 
 Lloyd Frizell Delegate from Storey County 
 
 Geo. A. Nourse Delegate from Washoe County 
 
 R. S. Mason Delegate from Esmeralda County 
 
 Almon Hovey Delegate from Storey County 
 
 Thomas Fitch Delegate from Storey County 
 
 I. W. Haines Delegate from Douglas County 
 
INDEX TO CONSTITUTION OF NEVADA, 
 
 ABSENCE FROM STATE- 
 
 Of Governor, duties to devolve on Lieutenant-Governor, 14. 
 
 Ot Governor, on military business of State, to be Commander-in-Chief, 14. 
 
 Of judicial officer. Legislature not to grant leave, 18. 
 
 Ot judicial officer, tor more than ninety days, to vacate office, 18. 
 ACTION- 
 
 ■ For libel, truth may be igiven in evidence, 3. 
 
 But one form of civil, 18. 
 
 Law and equity to be administered in same, 18. 
 
 Removed from Territorial Courts, 28. 
 
 AMENDMENTS- 
 
 To Constitution, how made, 27. 
 To law, how made, 8. 
 
 APPORTIONMENT- 
 
 Of school moneys to counties, 22. 
 Of Senators and Assemblymen, 29. 
 
 APPROPRIATIONS- 
 
 For standing army for not more than two years, 14. 
 
 No money shall be drawn from State Treasury except in consequence of, 18. 
 
 ARREST, CIVIL— 
 
 Elector exempt from, when, 15. 
 
 Members of the Legislature exempt from, when, 17. 
 
 ASSEMBLY, MEMBERS OF- 
 When and how chosen, 16. 
 Term of office, 16. 
 Qualifications of, 16. 
 Proportion to Senators, 17. 
 Total number limited, 16. 
 
 ASSEMBLY- 
 
 Sole power of impeachment, 16. 
 
 Majority, of all members elected to, necessary to impeachment, 16. 
 
 ATTAIN DER- 
 
 Bill of, prohibited, 4. 
 
 ATTORNEY-GENERAL- 
 
 How chosen, term and eligibility, 14, 28. 
 
 Member Board of State Prison Commissioners, 14. 
 
 Member Board of Examiners, 14. 
 
 Duties of, 14. 
 
 Salary during first term, 29. 
 
 First term of office, 29. 
 
 BAIL- 
 
 Excessive not to be required, 3. 
 Persons entitled to, 3. 
 Persons not entitled to, 3. 
 
40 INDEX TO STATE CONSTITUTION. 
 
 BALLOT- 
 
 All elections by the.people to be by, 15. 
 
 BANKS- 
 
 Notes of, not to circulate as money except, 19, 20. 
 
 BENEVOLENT INSTITUTIONS- 
 
 To be fostered and supported, 2i. 
 
 State may loan credit, or subscribe to, 20. 
 
 BOARD OF EXAMINERS- 
 
 Who is to constitute, powers and duties, 14. 
 
 BOUNDARY- 
 
 Of the State of Nevada, 24. 
 Addition to, how made, 24. 
 
 BRIBERY- 
 
 Dlsqualiflcations of persons convicted of, 7. 
 
 CENSUS- 
 
 When and how taken, 26. 
 
 Shall serve as the basis of representation, 26. 
 
 CITIES AND TOWNS- 
 
 Provisions to be made for incorporation of, 20. 
 Taxation and debts of, restricted, 20. 
 To support own ofHcers, 32. 
 
 CLERK- 
 
 Of county, to be provided for, 10. 
 
 Of county, to be ex officio Clerk of District Court, 10. 
 
 Of Supreme Court, to keep ofHce at Capitol, 26. 
 
 COMMISSIONERS OP STATE PRISON- 
 
 Who to constitute Board of, powers and duties, 14. 
 
 COMMISSIONS- 
 
 Form of State officers and. District Judges, 13, 32. 
 
 CONSTITUTION- 
 
 Ot State, how amended and revised, 26, 27. 
 Debates and proceedings on, to be published, 33. 
 Who entitled to vote on adoption of, 34. 
 When and how submitted to the people, 34. 
 Return of votes on, how made, 35, 36, 37. 
 When established, 35. 
 Of United States, adopted, 1. 
 
 CONTRACTS- 
 
 Obligations of, not to be impaired, 4. 
 
 Existing under Territorial Government, not to be affected, 27 
 
 CONTROLLER OF STATE- 
 
 How chosen, term of office, and eligibilty, 14, 25. 
 
 Duties of, 14. 
 
 To keep office at seat of government, 26. 
 
 Salary of, during lirst term, 28. 
 
 Elected for first term, when to qualify, 31. 
 
 To give official bond, 32. 
 
 CORPORATIONS- 
 
 May be formed under general laws, 19. 
 Special legislation in regard to, prohibited, 19. 
 
INDEX TO STATE CONSTITUTION. 41 
 
 CORPORATIONS- OoTO«TO«ed. 
 
 Property of, liable to taxation, 19. 
 
 Property of certain, may be exempt from taxation, 19. 
 
 Dues from, how secured, 19. 
 
 May sue and be sued, 19. 
 
 Right of way for, when to be appropriated, 20. 
 
 Liabilities of stockholders of, 19. 
 
 Prohibited from circulating notes as money, 19, 20. 
 
 Municipal, powers of, to be restricted, 20. 
 
 State not to be stockholder or loan credit, except, 20. 
 COUNTIES- 
 
 Not to become stockholders, or loan credit, except, 20. 
 
 Provide for aged and infirm persons, 24. 
 
 COUNTY COMMISSIONERS- 
 
 Election of, to be provided for, and duties, 9. 
 County Clerk, ex officio Clerk of, 10. 
 
 COUNTY DEBTS- 
 
 Not to be assumed by State, exception, 21. 
 
 COUNTRY GOVERNMENTS- 
 
 tJniform system of, to be established, 9. 
 
 COUNTY OEFICERS- 
 
 Election of, to be provided for, 10. 
 To keep offices at county seat, 26. 
 Under Territory, continued in office, 30. 
 
 COURT fee- 
 To be provided for, 20. 
 
 COURTS- 
 
 Of record and municipal, 17. 
 
 Jurisdiction of municipal, not to conflict with courts of record, 17. 
 
 CREDIT OP STATE- 
 
 Not to be loaned, exception, 21. 
 
 CRIME- 
 
 Rights of persons charged with, 3. 
 Disqualification of persons convicted of, 7. 
 Existing prosecutions not affected, 28. 
 
 DEBTORS- 
 
 To enjoy necessary comforts of life, 4. 
 
 Reasonable exemption of property to be secured, 4. 
 
 Imprisonment of, forbidden, exception, 4. 
 
 DEBT, STATE- 
 
 Limitation of, 20. 
 
 Shall be specially authorized, 20. . 
 
 Tax for payment of, to be levied, 20. 
 
 Contra,cts. in excess of limitation, to be void, 20. 
 
 Territorial liabilities to become part of, 29. 
 
 DEFALCATION- 
 
 Of public funds, persons guilty of, disqualified from holding public office, 7. 
 Laws to be passed for punishment of, 7. 
 
 DISTRICT ATTORNEYS- 
 
 Election of, to be provided for, 10. 
 To keep office at county seat, 26. 
 
42 INDEX TO STATE CONSTITUTION. 
 
 DISTRICT COURTS- 
 
 Judges of, how elected and term of office, 16. 
 
 Original jurisdiction, 16. 
 
 Appellate jurisdiction, 16. 
 
 Powers of, 16. 
 
 Times of holding, to be fixed by law, 17. 
 
 To be held at county seat, exception, 17. 
 
 Judges of, to receive compensation fixed by law, 18. 
 
 Compensation of Judges of, not to be increased or diminished during term, 18. 
 
 Judges of, liable to impeachment, 19.- 
 
 Judges of, may be removed by Legislature, 19. 
 
 Salaries of Judges of, 31. 
 
 Salaries of Judges of, how changed, 31. 
 
 Judges of, first elected, how commissioned and when to qualify, 32. 
 
 Vacancies in ofllces of Judges of, how filled, 32. 
 
 Cases in Probate Courts to be transferred to, 32. 
 
 EDUCATION- 
 
 To be encouraged by Legislature, 21. 
 
 Common schools to be provided for, 21. 
 
 Attendance upon public schools, laws to secure general, to be passed, 21. 
 
 Proceeds of lands appropriated for purposes of, 21, 22. 
 
 Proceeds of escheated estates, fines, etc., appropriated for purposes of, 22. 
 
 State University and Normal Schools to be provided for, 22. 
 
 Board of Regents created and powers of, 23. 
 
 Sectarianism in educational institutions prohibited, 23. 
 
 ELECTIONS- 
 
 Who entitled to vote at, 4, 5, 6, 33. 
 
 Who not entitled to vote at, 4, 5, 25. 
 
 Residence of voters at, in what cases not lost or gained, 5. 
 
 Voter at, privileged from civil arrest, 5. 
 
 By the people, to be by ballot, 5. 
 
 By Legislature, to be viva voce, 5. 
 
 Laws to be passed regulating, 5. 
 
 Bribery, etc., laws to be passed prohibiting, 7, 9. 
 
 Plurality vote at, to constitute choice, 26. 
 
 Adoption of Constitution, manner of holding, for, 33, 35, 36. 
 
 Adoption of Constitution, returns of, 35, 36, 37, 38. 
 
 ELECTORS- 
 
 Qualifications of, 4, 5, 6, 33. 
 Who disqualified from being, 4, 5, 25. 
 Privileged from arrest on election day, 5. 
 Registration of, provision to be made for, 5. 
 
 EMBEZZLEMENT- 
 
 To be punished as a felony, 7. 
 
 Persons guilty of, disqualified from holding office, 7. 
 
 EXECUTIVE DEPARTMENT- 
 
 Supreme executive power vested in the Governor, 11. 
 
 EX POST FACTO LAW- 
 Prohibited, 4. 
 
 FBES- 
 
 Not to be received by judicial officers, except Justices of the Peace, 17. 
 
 Court lee to be provided for, 18. 
 
 Not to be received by certain officers to their own use, 29, 31. 
 
INDEX TO STATE CONSTITUTION. 43 
 
 FEMALES- 
 
 Eligible to certain offices, 25. 
 
 FINES- 
 
 Excessive, not to be impoaed, 3. 
 Militia, no- imprisonment for, in time of peace, 4. ■ 
 Collected under penal laws, to go to School Fund, 22. 
 Accruing to Territory, to inure to State, 27, 28. 
 
 FISCAL YEAR- 
 
 When to commence, 20. 
 
 FOREIGNERS- 
 
 Rights of property of, secured, i. 
 
 FORGERY- 
 
 Disqualification of persons convicted of, 9. 
 
 GOVERNOR- 
 
 To sign all laws, 11. 
 
 Supreme executive power vested in, 11. 
 
 How elected and term of office, 11. 
 
 Who eligible to office of, 11, 12. 
 
 Returns of elections for, how made, 12. 
 
 Plurality of votes to elect, 12. 
 
 In case of tie in election for. Legislature to elect, 12. 
 
 Shall be Commander-in-Chief, 12. 
 
 Shall transact all executive business with officers of the Government, 12. 
 
 May require information in writing from officers of executive department, 12. 
 
 Shall see that the laws are faithfully executed, 12. 
 
 Shall have power to fill vacancies in office, 12, 22. 
 
 May convene Legislature by proclamation, 12. 
 
 Shall communicate with Legislature by message, 12. 
 
 May adjourn Legislature in case of disagreement between the two houses, 12. 
 
 No person holding office under the United States to hold office of, 13. 
 
 Shall have power to suspend collection of fines, etc., 13. 
 
 May suspend execution of sentence for treason, 13. 
 
 May grant reprieves for a limited period, 13. 
 
 Shall report to Legislature reprieves and pardons granted, 13. 
 
 Shall constitute one of Board of Pardons, 13. 
 
 Shall keep the Great Seal, 13. 
 
 Shall sign grants and commissions, 13, 32. 
 
 Lieutenant-Governor to perform duties of, in certain contingency, 13. 
 
 President pro tern, of Senate to act as, when, 13. 
 
 Shall constitute one of Board of Examiners, 14. 
 
 Shall constitute one of Board of State Prison Commissioners, 14. 
 
 Liable to impeachment, 18, 19. 
 
 To constitute one of first Board of Regents, 23. 
 
 Power to call out militia, 23. 
 
 To keep office at seat of government, 26. 
 
 Salary, for first term of office, 28. 
 
 Shall not receive fees or perquisites, 29. 
 
 GRANTS- . 
 
 Forms of, 13. 
 
 HABEAS CORPUS- 
 
 Writ of, shall not be suspended, except in cases of rebellion or invasion, 3. 
 Writ of, may be issued by Supreme and District Courts, and by Justices of such 
 courts, 6. 
 
44 index to state constitution, 
 
 h'omestead- 
 
 Exempt from forced sale, except for taxes, purchase money, improvements and lien 
 
 given by consent, 10. 
 How alienated, 10. 
 Provisions to be made by law for recording, 10. 
 
 IMPEACHMENT- 
 Power of, 18. 
 
 How tried, and who liable to, 18, 19. 
 Judgment on, 19. 
 Party convicted on, liable to punishment according to law, 19. 
 
 IMPRISONMENT FOR DEBT- 
 
 Porbidden, except in certain cases, 4. 
 
 INDICTMENT- 
 
 Persons not to be held to answer for capital or other infamous crimes, except 
 
 on, 3. 
 Prosecutions of, in what name and style conducted, 3. 
 
 INITIATIVE- 
 
 People may adopt or reject laws by popular vote, how, 33. 
 
 INTELLECTUAL IMPROVEMENT- 
 To be encouraged, 21. 
 
 JBOPARDY- 
 
 Persons not to be put in, twice for the same offense, 3. 
 
 JUDGES- 
 
 Not to receive fees for own use, 17. 
 
 Compensation of, not to be increased or diminished during term, 18. 
 
 Salaries of, how paid, 18. 
 
 Ineligible to other ofHce during term for which elected, 17. 
 
 Not to charge juries as to matter of fact, 17. 
 
 Absence from State to vacate office of, when, 18. 
 
 Of Territorial Courts, when superseded, 18. 
 
 Liable to impeachment, 19. 
 
 May be removed from office by Legislature, 19. 
 
 Salaries of, 29, 31. 
 
 Salaries of, may be changed, 18, 26, 31. 
 
 First election under Constitution, when to qualify, 32. 
 
 JUDICIAL, DECISIONS- 
 
 Provision to be made for publication, 26. 
 Free for publication to any person, 26. 
 
 JUDICIAL DEPARTMENT- 
 
 Power of, where vested, 14. 
 
 Causes to be removed from Territorial Courts, 28. 
 
 JURISDICTION- 
 
 Persons charged with powers pertaining to one department of the government 
 
 inhibited from exercising those of another, 6. 
 Of Supreme Court, 15. 
 Of District Courts, 16. 
 Of Justice Courts, 16, 17. 
 Of municipal courts, 17. 
 
 JURY- 
 
 Kight of trial by, secured, 2. 
 
 Trial by, may be waived in certain cases, 2. 
 
 Three-fourths of, may find verdict in civil cases, 2. 
 
INDEX TO STATE CONSTITUTION. 45 
 
 3VRY— Continued. 
 
 Legislature may require unanimous verdict, 3. 
 Presentments by, in certain cases before prosecution, 3. 
 Qualified electors only to serve on, 9. 
 Crimes which disqualify from serving on, 9. 
 Charges to, how to be made, 17. 
 
 JUSTICE OP THE PEACE- 
 
 Numbers, powers, and duties of, to be fixed by law, 17. 
 
 Jurisdiction of, restricted, 17. 
 
 Criminal jurisdiction of, 17. 
 
 Concurrent jurisdiction of, 17. 
 
 Appeals from courts of, to be fixed by law, 17. 
 
 May receive fees for own use, 17. 
 
 LAWS- 
 
 J!x post facto, forbidden, 4. 
 
 Impairing obligations of contracts, forbidden, i. 
 
 Bill of attainder forbidden, i. 
 
 May originate in either house of Legislature, 8. 
 
 Every law to embrace but one subject, 8. 
 
 Not to he amended or revised by reference to title only, 8. 
 
 Local or special, forbidden in certain cases, 8. 
 
 To be general and of uniform operation, 9. 
 
 Enacting clause of, 9. 
 
 Bill, no law enacted except by, 19. 
 
 Must be approved by the Governor, 11. 
 
 How passed over the Governor's veto, 11. 
 
 How bills become, without Governor's approval, 11. 
 
 Provisions to be made for speedy publication of, 16. 
 
 Free to be published by any person, 16. 
 
 Territorial, to remain in force, 17. 
 
 LEGISLATURE- 
 
 Basis of representation, 4. 
 
 Election by viva voce, 5. 
 
 Powers of, vested in Senate and Assembly, 6. 
 
 Sessions to be held at seat of government, 6. 
 
 Sessions of, when to commence, 6. 
 
 Members of, how and when chosen, 6. 
 
 Who eligible to, 6, 7. 
 
 Terms of office, 6. 
 
 Each house to choose its own officers and judge of the qualifications of its own 
 
 members, 7. 
 Proportion of Senators and Assemblymen, 7. 
 How members of, may be expelled, 7. 
 May punish for contempt, 7. 
 
 Member not to be appointed to oflQce created during his term, 7. 
 Who not eligible to, 5, 7, 25. 
 Members privileged from civil arrest, 7. 
 Vacancies in, how filled, 7. 
 Quorum to do business, 7. 
 
 Journal of proceedings to be kept and published, 7. 
 Doors of each house to be Icept open, exceptions, 8. 
 
 Neither house shall adjourn without other's consent for more than three days, 8. 
 Any bills may originate in either "house, 8. 
 Laws, what to embrace and how amended, 8. 
 Bills, how read, passed and signed, 8. 
 * 
 
46 INDEX TO STATE CONSTITUTION. 
 
 LEGISLATURE-CoreJireMcd. 
 
 County, and township governments to be established, 9. 
 
 Election of County Commissioner^ to be provided'tor, 9. 
 
 Compensation of officers and employees of, how drawn and paid, 9. 
 
 Members to receive fixed compensation, 10. 
 
 Duration of sessions, 10. 
 
 To elect United States Senators, 11. 
 
 Bills, when to become laws, 11. 
 
 May be convened by proclamation of the Governor, 6, 12. 
 
 In cases of disagreement of the houses, may be adjourned by the Governor, 13. 
 
 Assembly to have sole power of impeachment, 18. 
 
 Senate to try all impeachments, 18. 
 
 To provide for annual tax, 20. 
 
 Limitation of powers as to creation of debt, 20. 
 
 Oath of office, 25. 
 
 Number of members restricted, 26. 
 
 Apportionment of members, 29. 
 
 Terms of members elected at first election, 29, 30. 
 
 Session of first Legislature, when to commence, 30. 
 
 Limitation of powers as to taxation, 32. 
 
 LIBEL- 
 
 Truth may be given in evidence in prosecutions or actions for, 3. 
 
 LIEUTENANT-GOVERNOR— 
 When and how elected, 13. 
 President of the Senate, 13. 
 Eligibility and term of office, 13. 
 Powers and duties of, 13. 
 
 To act as Governor in certain contingencies, 14. 
 Elected for first time under Constitution, when to qualify, term of office, 21,. 
 
 LOTTEKY- 
 
 Shall not be authorized, 9. 
 
 Sale of tickets in, shall not be allowed, 9. 
 
 MILITAEY- 
 
 Trial of offenses in, 3. 
 
 To be subordinate to civil power, 3, 4. 
 
 Standing army not to be kept in time of peace, 3. 
 
 Appropriation for standing army for no more than two years in time of war, 3. 
 
 Soldiers not to be quartered in house without consent' of owner, 3. 
 
 Imprisonment for fine forbidden, 4. 
 
 Governor to be Commander-in-Chief, 12. 
 
 Organization of militia, 13. 
 
 Governor may call out militia, when, 13. 
 
 MONEY- 
 
 State Treasury, how drawn from, 8, 9. 
 
 Statement of receipts and expenditures of, to be published with laws, 8. 
 
 Bank notes and paper, not to circulate as, exception, 19, 20. 
 
 MORAL IMPROVEMENT- 
 To be encouraged, 21. 
 
 OATH OF OPFICE- 
 Form of, 25. 
 
 OFFICE- 
 
 Who ineligible to, 5, 7, 25. 
 
 Who disqualified by crime from holding, 5, 25. 
 
INDEX TO STATE CONSTITUTION. 47 
 
 OFFICE- Continued. 
 
 Ol Governor, who eligible, 11. 
 
 Of other State olBcers, who eligible, 14. 
 
 Justices of Supreme Court and District Judges ineligible to other than judicial, 17. 
 
 Tenure of, may be declared, 26. 
 
 Females eligible to, in certain cases, 25. 
 OFFICERS- 
 
 Certain judicial not to receive fees, 17. 
 
 Who impeachable, 19. 
 
 Liable to be punished according to law, whether convicted or not upon impeach- 
 ment, 19. 
 
 Judicial, how removed from office, 19. 
 
 Not herein provided tor, how chosen, 19. 
 
 Certain, not to receive perquisites, 17, 31. 
 
 Salaries of certain, 28, 29. 
 
 Territorial, continued, 30, 31. 
 
 State, terms of, 31, 32. 
 
 Ol Lander County, special provision concerning, 30. 
 
 State and judicial, first elected, when to quality, 31, 32. 
 
 To be commissioned by the Governor, 32. 
 
 Of counties, towns, etc., how supported, 32. 
 
 OFFICES- 
 
 County officers to hold, at county seat, 36. 
 
 State officers, to be kept at seat of government by certain, 36. 
 
 OKDINANCE- 
 
 To form Constitution and State Government, 1. 
 
 Prohibits slavery, 1. 
 
 Secures religious toleration, 1. 
 
 Disclaims right and title to public lands, 1, 2. 
 
 Exempts United States property from taxation, 2. 
 
 For submitting Constitution to vote, for ratification or rejection, 34, 38. 
 PARAMOUNT ALLEGIANCE- 
 
 Due to the Government of the United States, 2. 
 
 PARDONS- 
 
 By whom granted, 14. 
 
 Granted, to be reported to the Legislature, 13. 
 
 PATENTED MINES- 
 
 To be taxed at not less than $500 (amendment), 21. 
 
 PERJUKY- 
 
 Disqualiflcation of persons convicted of, 7. 
 
 PERPETUITIES- 
 
 Not allowed except for eleemosynary purposes, 25. 
 
 PETITION- 
 
 Right of, secured, 3. 
 
 POLL TAX- 
 
 Payment of, to be provided tor, 5. 
 
 POWERS- 
 
 Political, inherent in the people, 2. 
 
 Military, to be subordinate to civil, 3. 
 
 Of Federal Government declared, 2. 
 
 Of State Government distributed, 6. 
 PRESIDENT OF THE SENATE- 
 
 Lieutenant-Governor to be, ex officio, 13. 
 
 Powers and duties ot, 13. 
 
48 INDEX TO STATE CONSTITUTION. 
 
 PRESIDENT OF THE SENATE PRO TEM.- 
 To Act as Governor when, 13. 
 
 PRESS^ 
 
 Liberty of, secured, 3. 
 
 PROPERTY- 
 
 Of United States exempted from taxation, 2. 
 
 No person to be deprived, except by due process of law, 3. 
 
 Private, not to be taken for public use, without just compensation made or secured 
 
 exception, 3. 
 Reasonable exemption of, from execution, to be provided for, 4. 
 Of foreigners, to be protected, 4. 
 Separate, of wife, may be held by her, 10. 
 Of corporations, subject to taxation, 19. 
 Assessment and taxation of, to be equal and uniform, 21. 
 Of Territory, to vest in State, 28. 
 
 PROSECUTIONS- 
 
 Name and authority of, 18. 
 Existing, not affected, 27. 
 
 PUNISHMENT- 
 
 Cruel or unusual, forbidden, 3. 
 
 REFERENDUM- 
 
 People may adopt or reject laws by popular vote, how, 33. 
 
 RELIGION- 
 
 Freedom, of, secured, 1, 2. 
 
 Not to render witness incompetent, 3'. 
 
 Freedom of, not to excuse licentiousness, 3. 
 
 REPRESENTATION- 
 
 To be apportioned according to population, 4. 
 Census shall serve as the basis of, 26. 
 
 RESIDENCE- 
 
 Of elector to be actual and not constructive, 4. 
 For purpose of voting, what not to affect, 4. 
 
 RIGHTS- 
 
 Declaration of, 1. 
 
 Enumeration of, not to impair others, 4. 
 
 Existing, not to be affected, 27. 
 
 ROOP COUNTY- 
 
 To be attached to Washoe for certain purposes, 32, 33. 
 
 SALARIES- 
 
 Of judicial officers not to be increased or diminished, 18. 
 
 Of judicial officers, how to be paid, 18. 
 
 Certain may be increased or diminished by Legislature, 26. 
 
 Of State officers elected first term under the Constitution, 28, 29. 
 
 Pay of Senators and Assemblymen, 29. 
 
 Of Judges of District Courts, 31. 
 
 Of county officers, etc., paid by counties, 32. 
 
 SCHOOLS- 
 
 System of common, to be provided lor, 31. 
 Normal and other, may be established, 32. 
 State lands, proceeds of, devoted to, 31, 32. 
 
INDEX TO STATE CONSTITUTION. 49 
 
 SCHOOLS- Continued. 
 
 Special tax for support of, 32. 
 Sectarian instruction in, proliibited, 33. 
 
 SCIENTIFIC IMPROVEMENT- 
 To be encouraged, 31. 
 
 SEARCHES- 
 
 Security against unreasonable, provided for, 4. 
 Warrant for, when to issue, 4. 
 
 SEAT OP GOVEENMENT- 
 
 Located at Carson City, 34, 35. 
 
 No appropriation to be made for Capitol buildings for tbree years, 35. 
 SECRETARY OF STATE- 
 
 Who eligible to the office of, 4. 
 
 When elected, and term of office of, 4. 
 
 Powers and duties of, 4. 
 
 To be member of Board of Examiners, 4. 
 
 To be member of Board of Prison Commissioners, 4. 
 
 Liable to impeachment, 9. 
 
 To be member of Board of Regents, 18. 
 
 Required to Iceep office at seat of government, 16. 
 
 Salary of, first term under Constitution, 18. 
 
 Shall not receive fees or perquisites to his own use, 19. 
 SENATE- 
 
 To try all impeachments, 18. 
 
 SENATORS, STATB- 
 
 When elected, and term of office, 6. 
 
 Qualifications of, 6, 7. 
 
 Total number of Senators and Assemblymen, limited, 26. 
 ^ Proportion of, to Assemblymen, 7. 
 
 First apportionment of, 29. 
 
 To be divided into two classes, 29. 
 
 Two classes of, to be kept equal, 30. 
 
 One-half to be chosen biennially, 30. 
 
 SENATOR», UNITED STATES- 
 How and when elected, 11. 
 
 SHERIFFS- 
 
 Election of, to be provided for, 10. 
 
 SLAVERY- 
 
 Forbidden, exception of involuntary servitude for punishment of crime, 4. 
 
 SPEECH- 
 
 Liberty of, secured, 3. 
 
 STATE PRISON- 
 
 Board of Commissioners of, who to constitute, 14. 
 To be established, 24. 
 
 SUPPRAGE- 
 
 Right of, who entitled to, 4, 25, 33. 
 
 Persons convicted of certain crimes, disqualified from right of, 4, 33. 
 
 SUIT AGAINST STATE- 
 
 Provision to be made by law for bringing, 9. 
 
50 INDEX TO STATE CONSTITUTION. 
 
 SUPERINTENDENT OP PUBLIC INSTEUCTION- 
 Liable to impeachment, 19. 
 Election, term ot oiBce and duties of, 21. 
 To be member of the Board ot Regents, 23. 
 Salary for first term under the Constitution, 19. 
 Shall not receive fees or perquisites to his own use, 19. 
 
 SUPREME COURT- 
 
 Justices of, members of Board of Pardons, 13. 
 
 How composed, and quorum of, 14. 
 
 Chief Justice of, who, 15. 
 
 Election, term of office, and classification of Justices, 14, 15. 
 
 Terms of, when and where to be held, 17. 
 
 Jurisdiction and powers of, 17. 
 
 Justices of, not to receive fees, 17. 
 
 Justices of, ineligible to other office during term, 17. 
 
 Justices of, liable to impeachment, 19. 
 
 Chief Justice of, to preside over Senate on trial of impeachment of Governor or 
 
 Lieutenant-Governor, 18. 
 Decisions of, to be published, 26. 
 Vacancies in offices of Justices of, how filled, 32. 
 
 TAXATION- 
 
 Special legislation concerning, forbidden, 8, 9. 
 
 Annual tax, sufficient to pay expenses of State, to be levied, 20. 
 
 To be equal and uniform, 21. 
 
 Property liable to, 19, 21. 
 
 Property which may be exempted from, 19. 
 
 Special tax for support of common schools and State University, levied, 22. 
 
 Restriction on, 32. 
 
 TERRITORY OP NEVADA- 
 
 Judicial officers of, when superseded, 18. 
 Laws of, to remain in force, 27. 
 Pines accruing to, to inure to State, 27, 28. 
 Recognizances and bonds to, to remain valid, 28. 
 Actions commenced in courts of, to continue, 28. 
 Property of, to vest in State, 28. 
 Indebtedness of, assumed by State, 29. 
 Certain officer's of, to continue in office, 30. 
 
 TREASON- 
 
 Of what to consist, 4. 
 
 Conviction of, how only obtained, 4. 
 
 TREASURER OP STATE- 
 
 How chosen, term of, eligibility, 14. 
 
 Liable to impeachment, 19. 
 
 Office at seat of government, to keep, 26. 
 
 Salary of. for first term under Constitution, 28. 
 
 Not to receive fees or perquisites to his own use, 29. 
 
 Bonds, to give, 32. 
 
 treasury- 
 No money to be drawn from, but on appropriation, 8, 9. 
 Statements of the receipts and expenditures of, to be published with laws, 8. 
 Money, how drawn from, 8, 9. 
 Members of Legislature to be paid out of, 9. 
 
INDEX TO STATE CONSTITUTION. 51 
 
 TRIAL- 
 
 By jury, secured, 2. 
 
 Rights of accused on, 3. 
 
 In criminal, no person compelled to be a witness against himself, 3. 
 UNITED STATES GOVERNMENT- 
 
 Powers of, declared, 2. 
 
 Paramount allegiance, due to, 2. 
 
 UNIVERSITY- 
 
 To be established, 22. 
 
 Department of learning in, 22. 
 
 Fund created for support of, 21, 22. 
 
 Board of Regents of, 23. 
 
 Sectarian instruction in, prohibited, 23. 
 
 VETO- 
 
 Of Governor, how exercised, 11. 
 
 How law passed over, by Legislature, 11. 
 
 VOTER- 
 
 Qualificatlons of, 4, 33. 
 
 Who not entitled to be, 4, 25. 
 
 Persons convicted of certain crimes disqualified as, 4. 
 
 Residence of, what not to affect, 5. 
 
 In military or naval service of United States, 5. 
 
 Registration of, to be provided for, 5. 
 
 Poll tax may be required of, 6. 
 
 WIFE- 
 
 May hold certain property as separate property, 10. 
 
 Laws to be passed defining property rights, 10. 
 
 Laws to be passed providing for registration of separate property, 10. 
 
 YEAS AND NAYS- 
 
 When to be entered on journals of the Legislature, 9, 10. 
 
OBRTIFIOATB. 
 
 I ss. 
 
 State op Nevada 
 Department of State 
 
 I, W. G. Douglass, the duly elected, qualified and acting Secretary of State 
 of the State of Nevada, do hereby certify that the foregoing is a true, full and 
 correct copy of the existing Constitution of the State of Nevada, as the same 
 appears in the enrolled Acts in my office. 
 
 Xt M In Witness Wheeeof, I have hereunto set my hand and 
 
 gEAL affixed the Great Seal of State, at my office in Carson 
 
 4.4. 4.4. City, Nevada, this 30th day of April, 1907. 
 
 W. G. DOUGLASS, 
 ' ' Searetary of State. 
 
' V 
 
 111