Page images
PDF
EPUB

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 Term of this Constitution shall draw lots, so that the term of one half of Senators. 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 Senators, the terms thereof shall be divided, as nearly as may be, between the long and short terms.

Sec. 10. At the general election in A. D. eighteen hundred Term of and sixty-six, and thereafter, the term of Senators shall be for fixed. four years from the day succeeding such general election, and members of Assembly for two years from the day succeeding such general election, and the terms of Senators shall be allotted by the Legislature in long and short terms, as herein before 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 Term of As

. 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 election in A. D. eighteen hundred and sixty-six.

Sec. 12. The first regular session of the Legislature shall Sessions of commence on the second Monday of December, A. D. eighteen hundred and sixty-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, commencing on the first Monday of January.

Sec. 13. All county officers under the laws of the Territory County offiof Nevada, at the time when the Constitution shall take effect, ued in office. 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

Township their successors are elected and qualified; and all township officers. officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified; pro- Proviso. vided, that the Probate Judges of the several 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 terms of office of the present county County officers of Lander County shall expire on the first Monday of officers of January, A. D. eighteen hundred and sixty-five, except the Pro-County. bate Judge of said county, whose term of office shall expire upon the first Monday of December, A. D. eighteen hundred and sixtyfour, and there shall be an election for county officers of Lander

Legislature. Territorial

time for

officers,

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. eighteen hundred and sixty-seven, and until their successors are elected and qualified.

SEC. 14. The Governor, Secretary, Treasurer, and Superinofficers con- tendent of Public Instruction of the Territory of Nevada, shall office until each continue to discharge the duties of their respective offices qualifica

after the admission of this State into the Union, and until the tion of State 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 qualification of the State Controller; provided, that the said officers shall each receive the salaries and be subject to the restrictions and conditions provided in this Constitution; and, provided 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. Terms of Sec. 15. The terms of the Supreme Court shall, until proviCourtsede sion be made by law, be held at such times as the Judges of

the said courts, or a majority of them may appoint. The first terms of the several District Courts, (except as hereinafter mentioned,) shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four. The first term of the District Court in the Fifth Judicial District shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four, in the county of Nye, and shall commence 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 huncred and sixtyfour.

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 dollars; 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. Salary of

SEC. 17. The salary of any Judge in said Judicial Districts Judge may may, by law, be altered or changed, subject to the provisions be changed. contained in this Constitution.

The Governor, Lieutenant-Governor, Secretary of State, State Treasurer, State Controller, Attorney-General, Surquality. veyor-General, Clerk of the Supreme Court, and Superintendent

of Public Instruction, to be elected at the first election under this Constitution, shall each qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election, and shall continue in office until the first Tuesday after the first Monday of January, A. D. eighteen

Salaries of District Judges.

District

State officers, when to

of term.

Judges,

and Treasurer to exe

Support of

officers.

hundred and sixty-seven, and until the election and qualification Expiration 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- when to tution, shall qualify and enter upon the duties of their respec- qualify. tive offices on the first Monday of December succeeding their election.

Sec. 20. All officers of State and District Judges first elected Officers to under this Constitution shall be commissioned by the Governor sioned by of this territory, which commission shall be countersigned by the the GovSecretary 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 Secretary of the Territory of Nevada an official controller bond, made payable to the people of the State of Nevada, in the sum of thirty thousand dollars, to be approved by the Governor cute bond. 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. Each county, town, city and incorporated village county, shall make provision for the support of its own officers, subject to and village such regulations as may be prescribed by law.

Sec. 22. In case the office of any Justice of the Supreme Jacancy in Court, District Judge, or other State officer, shall become vacant Justice of before the expiration of the regular term for which he was elected, Court. Disthe vacancy may be filled by appointment by the Governor until trict Judge, it shall be supplied at the next general election, when it shall be state offifilled by election for the residue of the unexpired term.

Sac. 23. All cases, both civil and criminal, which may be pending and undetermined in the Probate Courts of the several Probate counties at the time when, under the provisions of this Constitu-transferred tion, said Probate Courts are to be abolished, shall be transferred to District to and determined by the District Courts of such counties respectively. SEC. 24. For the first three years after the adoption of this Taxation

restricted. 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 county Roop and of Washoe for judicial, legislative, revenue and county pur-Washoes poses, until otherwise provided by law.

SEC. 26. At the first regular session of the Legislature to convene under the requirements of this Constitution, provision shall for publicabe made by law for paying for the publication of six hundred tion of de 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 President, shall supervise the publica

cer, how filled. Cases in

Courts.

counties.

Provision

bates,

official

tion of such debates and proceedings. Provision shall be made Payment of

by law at such first session of the Legislature for the compensareporter.

tion 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 publicaCompensa

tion; and for supervising and indexing such publication, the sum of fifteen dollars per day during the time actually engaged in such service.

tion.

ELECTION ORDINANCE.

Election

WHEREAS, The Enabling Act passed by Congress, and approved ordinance. 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 :

Governor to issue proclama

tion.

Qualified voters.

SECTION 1. The Governor of the territory of Nevada is hereby

authorized to issue his proclamation for the submission of this tion for sub-Constitution to the people of said territory for their approval or Constitu- rejection on the day provided for such submission by Act of Con

gress; 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 election 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 territory 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 by the aforesaid laws be qualified to vote on the first Wednesday 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.

Sec. 3. All persons qualified by the laws of said territory to cers may be vote on the Tuesday after the first Monday of November, A. D.

eighteen hundred and sixty-four, including those in the army of

What offi.

voted for.

how made.

Canvassers.

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, Members of the Legislature, Representative in Congress, and three Presidential Electors to the Electoral College.

Sec. 4. The elections provided in this ordinance shall be How elecholden at such places as shall be designated by the Boards of conducted. 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 Returns, 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 elections 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 Presidential 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 Board of the soldiers' vote, or within twenty days after the election, if said returns be not sooner received, 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 Gov- to publish ernor shall immediately publish an abstract of the same and make proclamation of the fact in some newspaper in said Terri-issue pro.. tory, 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 canvassing the votes of the said

vember elections, shall issue certificates of election to such persons as were elected State officers, Judges of the Supreme and District Courts, Representative in Congress, and three Presidential Electors. When the President of the United States shall issue his proclamation declaring this State admitted into tion estabthe Union on an equal footing with the original States, this Con- lished. stitution shall thenceforth 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 Votes of said Territory who may be in the army of the United States, how taken. the Adjutant-General of said Territory shall, on or before the fifth day of August next following, make out a list in alphabetical order, and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the army of the United States, stating the number of the regiment, battalion, squadron and battery to which he belongs, and also the county or township of his residence in the said Territory.

Governor

abstract of Votes, and

Constitu

« PreviousContinue »