Page images
[ocr errors][ocr errors]

Section 7. He shall see that the laws are

faithfully executed. 8. The Governor shall have the

power to fill vacancies. 9. The Governor may on extraordi

nary occasions convene the

Legislature. 10. He shall communicate his mes

sage to the Legislature at

every regular session. 11. The Governor shall have the

power to adjourn the Legisla

ture in case of a disagreement. 12. No person is eligible for Goy

ernor who holds any other of

fice under the government. 13. Powers as to fines, forfeitures

and reprieves. 14. He may remit fines and grant

pardons. 15. There shall be a State seal. 16. Grants and commissions to be

in the name of the State. 17. A Lieutenant-Governor shall be

elected in the same manner as

the Governor, . 18. Acting Governor, when. 19. A Secretary of State, Treasurer,

Comptroller, Surveyor-General and an Attorney-General shall be elected in the same

manner as the Governor. 20. Duties of the Secretary of State. 21. The Governor, Secretary of

State and Attorney-General shall constitute a board of prison commissioners, also

board of examiners. 22. The Secretary of State, State

Treasurer, etc.-Their duties.

Section 4. The Supreme Court shall have

appellate jurisdiction in all

cases in equity. 5. The State is hereby divided into

nine judicial districts. 6. The District Courts.-Jurisdic

tion and powers. 7. Terms of Supreme and District

Courts. 8. Justices of the Peace.-Their

jurisdiction. 9. Municipal Courts.-Jurisdiction

of the same. 10. No judicial officer, except jus

tices of the peace and city recorders, shall receive any

fees for his own use. 11. Judges of the Supreme and Dis

trict Courts shall hold none

other than a judicial office. 12. How judges are to charge juries, 13. Style of process. 14. Form of civil action. 15. Judges' salaries. 16. Court fees. 17. Office, when vacated. 18. Officers, when suspended.

ARTICLE VII. Impeachment and Removal From Office. 1. The Assembly shall have the

sole power of impeaching. 2. Who liable to impeachment. 3. Justices of Supreme Court and

District judges may be re

moved. 4. Removal from office of civil ot



Judicial Depurtment. 1. The judicial power of this State

shall be vested in a Supreme Court, District Courts and in

Justices of the Peace. 2. The Supreme Court shall con

sist of a Chief Justice and two

associate judges. 3. The justices of the Supreme

Court shall be elected by qualfied voters.

ARTICLE VIII. Municipal and Other Corporations. 1. The Legislature shall pass no

special act in any matter relating to corporate powers, except

for municipal purposes. 2. All real and personal property

in this State shall be subject

to taxation. 3. Dues may be secured. 4. Corporations subject to laws, etc. 5. Corporations may sue and be


Section 2. The Governor shall have the

power to call out the militia.

Section 6. Bank notes prohibited. 7. No right of way shall be appro

priated to the use of any cor

poration without compensation. 8. Organization of cities and towns. 9. State not to donate or loan its

credit or money. 10. No county, city or town to be

come a stockholder.


Public Institutions. 1. Institutions for the benefit of the

insane, blind, etc., shall be sup

ported by the State. 2. A State prison shall be estab

lished and maintained. 3. Aged and infirm.


Boundary. 1. Boundary of the State.

ARTICLE XV. Miscellaneous.


Finance and State Debt. 1. The fiscal year shall commence

on the first day of January in

each year. 2. Legislature to provide for levy

ing an annual tax. 3. State may contract debts, etc. 4. State not to assume indehtedness.


Taration. 1. Taxation to be equal.


Education. 1. The Legislature shall encourage

by all suitable means the promotion of intellectual, literary

and scientific pursuits. 2. School system to be uniform. 3. Revenues pledged to educational

purposes. 4. The Legislature shall provide

for the establishment of a State

university. 8. The Legislature shall have power

to establish normal schools. 6. The Legislature shall provide a

special tax. 7. The Governor, Secretary of State

and Superintendent of Public Instruction shall constitute a

board of regents. 8. Duties of the board of regents. 9. No sectarian instruction shall be

imparted or tolerated. 10. No funds for sectarian purposes.


Militia. 1. Organization of a militia.

1. The seat of the government shall

be at Carson City. 2. Members of the Legislature, etc.,

to take the oath of office. 3. No person shall be eligible to

office who is not a qualified

elector. 4. No perpetuities shall be allowed

except for eleemosynary pur

poses. 5. General election. 6. All county officers shall hold

their office at the county seat. 8. Publication of laws, etc. 9. Salaries increased or diminished. 10. Officers, how chosen. 11. The tenure of any office not

herein provided for shall be

declared by law. 12. The State officers shall keep their

respective offices at the seat of

government. 13. Enumeration of inhabitants. 14. Votes to constitute choice.


Amendments. 1. Any amendment or amendments

to this Constitution may bo proposed in the Senate or As

sembly. 2. Revision of the Constitution.


Schedule. Section 1. Rights, etc., to continue. 2. All laws to remain in force until

they expire by limitation. 3. Fines, etc., to enure to State. 4. Recognizances to remain valid. 5. Salaries of officers. 6. Apportionment of Senators and

Assemblymen. 7. Territorial indebtedness as

sumed. 8. Term of State officers. 9. Term of Senators. 10. Term of Senators fixed. 11. Term of Assemblymen. 12. Sessions of the Legislature. 13. County officers continued in of

fice. 14. Territorial officers continued in

office until time of qualifica

tion of State officers. 15. Terms of court determined.

16. Salaries of district judges.
17. Salaries may be changed.
18. State officers to qualify.
19. The judges of the Supreme and

District Courts shall qualify. 20. All officers of State and District

Courts shall be commissioned

by the Governor. 21. County, town and village of

ficers. 22. Vacancies may be filled by the

Governor. 23. Cases transferred. 24. For the first three years after

the adoption of this Constitution the Legislature shall not

levy a tax for State purposes. 25. Counties consolidated. 26. Publication of debates, etc.


Right of Suffrage. 1. The right of suffrage.

PRELIMINARY ACTION. 1. Whereas, The act of Congress, approved March twentyfirst, 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 such 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 by the authority of the aforesaid enabling act of Congress, 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 Constitution of the United States.

ORDINANCE. 3. In obedience to the requirements of an Act of the Congress of the United States, approved March twenty-first, 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. There shall be in this State neither slavery nor in voluntary servitude, otherwise than in the punishment for 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 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, and declare, that they forever disclaim all right and title to 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 residents 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.

PREAMBLE. 4. We, the people of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect government, do establish this


Declaration of Rights. 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, possessing, and protecting property, and pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people. Gor- . ernment 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 all 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 tending to impair, subvert, or resist the supreme authority of the government of the United St es. 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 may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree tipon 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.

The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be 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 be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

Sec. 6. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained.

Sec. 7. All persons shall be bailable by sufficient sureties; 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 infamous crime (except in cases of impeachment, and in cases 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 regulations of the Legislature), except on pre

« PreviousContinue »