vided, 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. Cited, Ex Parte Janes, 1 Nev. 320. The official name of "State Controller" implies recognized duties appurtenant thereto, and means a supervising officer of revenue, among whose duties is the Terms of court determined. final auditing and settling of all claims against the state. State ex rel. Lewis v. Doron, 5 Nev. 399, 409 (4 P. 735). 399. SEC: 15. The terms of the Supreme Court shall, until provision 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 (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 Hundred and Sixty Four. Cited, Armstrong v. Paul, 1 Nev. 138. Salaries of District Judges. 400. SEC: 16. The Judges of the Several District Courts of this State shall be paid as herein before 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 District Judge may be changed. 401. 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. State officers, when to qualify-Expiration of term. 402. SEC: 18. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-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 hundred and Sixty Seven, and until the election and qualification of their successors respectively. Cited. State ex rel. Howell v. La Grave, 23 Nev. 385 (48 P. 674). Judges, when to qualify. 403. SEC: 19. The Judges of the Supreme Court and District Judges to be elected at the first election under this Constitution, shall qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election. Officers to be commissioned by the Governor-Controller and Treasurer to execute bond. 404. 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 countersigned 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 Secretary of the Territory of Nevada an Official Bond, made payable 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. Support of county, town, city and village officers. 405. SEC: 21. Each County, Town, City, and Incorporated Village shall make provision for the support of its own Officers, subject to such regulations as may be prescribed by law. T. C. C. p. 501. For the state to pay any part of the expenses of a county government not connected with the state's tax, or any business of the state, would be in contravention of this section. State ex rel. Lyon County v. La Grave, 24 Nev. 147 (50 P. 796). Vacancy in office filled-Governor shall appoint. 406. 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. Cases in Probate Courts to be transferred to District Courts. 407. SEC: 23. All cases both civil and criminal, which may be pending and undetermined in the Probate Courts of the Several 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. Taxation restricted. 408. 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. This section prohibits taxation beyond one and oneparter per cent for state purposes during the first three years of its existence. State ex rel. Nightingill Roop and Washoe Counties. v. Board of Commissioners of Storey County, 1 Nev. 264, 266, 267, 270, 271. 409. SEC: 25. The County of Roop shall be attached to the County of Washoe for Judicial, Legislative, Revenue and County purposes, until otherwise provided by law. Under the statutes of this state an attachment must be served by the sheriff of the county where the property is situated, except in cases where one county is attached to another for judicial purposes. A county is not "attached" to another county for judi Provision for publication of debates, etc. cial purposes simply because it and another county, or Sadler 410. SEC: 26. At the first regular session of the Legislature to convene under the requirements of this Constitution, provision 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 Honl. 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 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 publication, and for supervising and indexing such publication the sum of Fifteen Dollars per day during the time actually engaged in such service. T. C. C. p. 413. ARTICLE 18 RIGHT OF SUFFRAGE Right of suffrage not to be withheld. 411. SECTION 1. The rights of suffrage and office-holding shall not be withheld from any male citizen of the United States by reason of his color or previous condition of servitude. [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 19 INITIATIVE AND REFERENDUM Laws to be submitted to people for approval or disapproval on petition of ten per cent of voters. 412. SECTION 1. Whenever ten per centum or more of the voters of this State, as shown by the number of votes cast at the last preceding general election, shall express their wish that any law or resolution made by the Legislature be submitted to a vote of the people, the officers charged with the duty of announcing and proclaiming elections, and of certifying nominations, or questions 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 wherein a state or congressional officer is to be voted for, or wherein any question may be voted on by the electors of the entire State. Majority vote to approve or disapprove. 413. SEC. 2. When a majority of the electors voting at a state election shall by their votes signify approval of a law or resolution, such law or resolution shall stand as the law of the State, and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative except by the direct vote of the people. When such majority shall so signify disapproval the law or resolution so disapproved shall be void and of no effect. [Article XIX was proposed and passed at the 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.] [SENATE SUBSTITUTE FOR ASSEMBLY JOINT AND CONCURRENT RESOLUTION NO. 7, PROPOSING TO AMEND ARTICLE NINETEEN OF THE CONSTITUTION BY ADDING TO SAID ARTICLE SECTION THREE, RELATING TO THE INITIATIVE AND REFERENDUM AND THE POWERS THEREBY CONFERRED UPON THE QUALIFIED ELECTORS. Approved March 22, 1909. Resolved by the Senate, the Assembly concurring, That section three be added to article nineteen of the Constitution of the State of Nevada, said section so added to read as follows: SECTION 3. The people reserve to themselves the power to propose laws and the power to propose amendments to the Constitution, and to enact or reject the same at the polls, independent of the Legislature, and also reserve the power at their option to approve or reject at the polls, in the manner herein provided, any Act, item, section or part of any Act or measure passed by the Legislature, and section one of article four of the Constitution shall hereafter be construed accordingly. The first power reserved by the people is the initiative, and not more than ten per cent (10%) of the qualified electors shall be required to propose any measure by initiative petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions, for all but municipal legislation, shall be filed with the Secretary of State not less than thirty (30) days before any regular session of the Legislature; the Secretary of State shall transmit the same to the Legislature as soon as it convenes and organizes. Such initiative measures shall take precedence over all measures of the Legislature except appropriation bills, and shall be enacted or rejected by the Legislature, without change or amendment, within forty (40) days. If any such initiative measure so proposed by petition as aforesaid, shall be enacted by the Legislature and approved by the Governor in the same manner as other laws are enacted, same shall become a law, but shall be subject to referendum petition as provided in sections one and two of this article. If said initiative measure be rejected by the Legislature or if no action be taken thereon within said forty (40) days, the Secretary of State shall submit the same to the qualified electors for approval or rejection at the next ensuing general election; and if a majority of the qualified electors voting thereon shall approve of such measure it shall become a law and take effect from the date of the official declaration of the vote; an initiative measure so approved by the qualified electors shall not be annulled, set aside, or repealed by the Legislature within three (3) years from the date said Act takes effect. In case the Legislature shall reject such initiative measure, said body may, with the approval of the Governor, propose a different measure on the same subject, in which event both measures shall be submitted by the Secretary of State to the qualified electors for approval or rejection at the next ensuing general election. The enacting clause of all bills proposed by the initiative shall be "The People of the State of Nevada enact as follows." The whole number of votes cast for Justice of the Supreme Court at the general election last preceding the filing of any initiative petition shall be the basis on which the number of qualified electors required to sign such petition shall be counted. The second power reserved by the people is the referendum, which shall be exercised in the manner provided in sections one and two of this article. The initiative and referendum powers in this article provided for are further reserved to the qualified electors of each county. and municipality as to all local, special and municipal legislation of every character in or for said respective counties or municipalities. The Legislature may provide by law for the manner of exercising the initiative and referendum powers as to county and municipal legislation, but shall not require a petition of more than ten per cent (10%) of the qualified electors to order the referendum, not [nor] more than fifteen per cent (15%) to propose any municipal measure by initiative. If the conflicting measures submitted to the people at the next ensuing general election shall both be approved by a majority of the votes severally cast for and against each of said measures, the measure receiving the highest number of affirmative votes shall thereupon become a law as to all conflicting provisions. The provisions of this section shall be self-executing, but legislation may be especially enacted to facilitate its operation.] [Proposed and passed at the Twenty-fourth Session of the Legislature, March 22, 1909, Statutes of 1909, page 347; agreed to and passed at the Twenty-fifth Session, February 1, 1911, Statutes 1911, page 446, and is now subject to ratification by the people at the general election to be held in 1912.] Governor to issue proclamation. 414. 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 Election ordinance. ORDINANCE SECTION 1. The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory for their approval or rejection on the day provided for such submission 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 T. C. C. p. 505. This ordinance is now only historical. 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. Electors. 415. 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 that shall clearly indicate the intention of the elector. Idem. 416. SEC: 3. All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November 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, members of the Legislature, Representative in Congress and three Presidential Electors to the Electoral College. Time of election. 417. 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. Count of ballots and returns. 418. 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 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." Canvass of returns. 419. 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 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 Governor shall immediately publish an abstract of the same, and make proclamation of the fact in some newspaper in said Territory and certify the same to the President of the United States, together with a copy of the Constitution and Ordinance. The |