said Board of Canvassers, after canvassing the votes of said November 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 the Union, on an Equal footing, with the Original States; This Constitution shall thenceforth be ordained and established as the Constitution of the State of Nevada. The act of Congress enabling the people of Nevada Territory to submit a constitution to a vote, and providing for taking the vote of electors in the United States army within or beyond the territory, does not apply to elections held by the state since the adoption of its constitution. Provisions for taking soldiers' vote. and there being no act of the legislature authorizing the taking of such vote, a vote so taken cannot be considered. State ex rel. McMillan v. Sadler, 25 Nev. 131, 167 (83 A. S. 573, 58 P. 284). 420. 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 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, or Battery, to which he belongs, and also the County and Township of his residence in said Territory. Idem. 421. SEC. 8. The Governor shall classify and arrange the aforesaid 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 company 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. Idem. 422. 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 Electors shall be entitled to Vote for all Officers 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. Idem. 423. SEC: 10. Each ballot deposited for the Adoption or rejection of this Constitution, in the Army of the United States shall have, distinctly written or printed thereon "Constitution Yes," or "Constitution No"; or words of a Similar import, and further, for the election of State Officers, 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 election shall count the votes and compare them with the checked list, immediately after the closing of the ballot box. Idem. 424. SEC: 11. All the ballots cast, together with the said voting list, checked as aforesaid, shall be immediately sealed up, and sent forthwith to the Governor of said Territory at Carson City by mail or otherwise, by the Commanding Officer, 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 Carson City by mail or otherwise, the day following the transmission of the ballots and the voting lists 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." Idem. 425. SEC: 12. The form of return 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) I. , hereby certify, that, on the first Wednesday of September A. D. Eighteen hundred and sixty four the electors belonging to the (here insert the name of the regiment, 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 in figures as above). Continue as above till the list is completed. Attest: Commanding Officer of the (here insert, regiment detachment, talion, squadron or battery as the case may be). I, A. B. bat Idem. 426. SEC: 13. The Governor of this Territory is requested to furnish each Commanding Officer within and beyond the boundaries of said Territory, proper and sufficient blanks for said returns. Idem. 427. SEC: 14. The provisions of this Ordinance in regard to the Soldiers vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide 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. NEELY JOHNSON President of the Convention and Delegate from Ormsby County. WM. M. GILLESPIE, Secretary. Henry B. Brady. E. F. Dunne. J. G. McClinton. G. N. Folsom F. H. Kennedy W. W. Belden.. F. M. Proctor.. A. J. Lockwood. H. G. Parker. Almon Hovey. Delegate from Washoe County Delegate from Humboldt County Delegate from Esmeralda County Delegate from Washoe County Delegate from Lyon County Delegate from Washoe County Delegate from Nye County Delegate from Douglas County Delegate from Ormsby County Delegate from Nye County Delegate from Esmeralda County Storey County Delegate Delegate from Humboldt County Delegate from Lyon County Delegate from Storey County Delegate from Storey County Delegate from Ormsby County from Lyon County from Ormsby County from Ormsby County from Lyon County from Lander County of Storey of Storey County Delegate from Washoe County Delegate from Esmeralda Delegate from Storey Delegate from Storey County Delegate from Douglas County GENERAL RULES OF CONSTRUCTION In the examination of constitutional questions, the debates of the constitutional convention may be consulted, as throwing light upon the subject; but they are not authoritative nor of any binding effect, it having been the text only that was adopted. State ex rel. Lewis v. Doron, 5 Nev. 400. As an aid to determine the meaning of a provision of the constitution intended by its framers, the proceedings and debates in the Constitutional convention may be considered. Ex Parte Shelor, 33 Nev. - (111 P. 290, 293, 294). The constitutionality of a statute, under which any right is claimed in an action, may always be inquired into. Meagher v. County of Storey, 5 Nev. 245. The power of determining whether a given statute is repugnant to the principles of the constitution with which it is alleged to conflict belongs to the judiciary, and their decision is conclusive; but in all cases of doubt every possible presumption and intendment will be made in favor of the constitutionality of the act of the legislature. State ex rel. Clarke v. Irwin, 5 Nev. 111. A statute will be sustained by the courts if there is any reasonable doubt of its unconstitutionality. State ex rel. Cutting v. Westerfield, 24 Nev. 29 (49 P. 554); Quillici v. Strosnider, 33 Nev. - (115 P. 178); State ex rel. Dunn v. County Commissioners, 21 Nev. 235, 240. The supreme court will not pass upon a constitutional question unless it is clearly involved, and a decision thereon is necessary to a determination of the case. State ex rel. Winnie v. Board of County Commissioners of Storey County, 25 Nev. 452 (51 L. R. A. 229, 62 P. 237). A statute can only be declared unconstitutional where specific restrictions upon the power of the legislature can be pointed out, and the case shown to come within them, and not upon any general theory that the statute is unjust, or oppressive, or impolitic, or conflicts with a spirit supposed to pervade the constitution, but not expressed in words. Sawyer v. Dooley, 21 Nev. 390 (32 P. 437). In construing the constitution the thing to be sought is the thought expressed. State ex rel. Lewis v. Doron, 5 Nev. 400. Words used in a constitution, unless qualified so as to alter their ordinary and usual meaning, must be received in such meaning. State ex rel. Clarke v. Irwin, 5 Nev. 111. The constitution is to be construed in the ordinary sense and usage of language, literally, unless some apparent absurdity, or obvious and manifest violation of the sense of the instrument, or unmistakable intent of its framers, forbids. State ex rel. Lewis v. Doron, 5 Nev. 399. When language is used in the constitution capable of two interpretations, and there is nothing in the general context of the instrument to determine which interpretation best conforms to the intention of the convention. then resort may be had to a strict grammatical construction of the language to determine its effect. Vesey v. Hermann, 1 Nev. 36. It is the duty of the courts in construing the constitution to ascertain the intention of those who framed the instrument and the people who ratified it. The legislature has the power to enact any law not prohibited by the constitution; but in seeking for limitations and restrictions courts must not confine themselves to express prohibitions. Negative words are not indispensable in the creation of limitations to legislative power. If the constitution prescribes one method of filling an office, the legislature cannot adopt another. ex rel. Perry v. Arrington, 18 Nev. 412 (4 P. 735). State Whenever the interpretation of a statute or a constitution in a certain way will result in manifest injustice, courts will always scrutinize the statute or constitution closely to see if it will not admit of some other interpretation. State v. Kruttschnitt, 4 Nev. 178, 200, 202, 203. A law passed by the legislature, constitutional in part, but unconstitutional as to some of its provisions, will be sustained as far as it is constitutional, unless the whole scope and object of the law is defeated by rejecting the objectionable features. State ex rel. Keith v. Westerfield, 23 Nev. 468 (49 P. 119). If a law be passed by the legislature, constitutional in part but unconstitutional as to some of its provisions, that which is constitutional will be sustained unless the whole scope and subject of the law is defeated by rejecting the objectionable features. In this case, rejecting that part of the act which is unconstitutional, there still remains a complete revenue law. State v. Eastabrook, 3 Nev. 173, 177, 178, 179, 180, 181. When part of a statute is unconstitutional it will not authorize the court to declare the remainder void unless all the provisions are connected in subject-matter dependent on each other. State ex rel. Rosenstock v. Swift, 11 Nev. 128. Where a portion of a statute is complete in itself and capable of being executed wholly independent of that which may be rejected, and there is no reason to suppose that the legislature would not have passed the act except as a whole: Held, that the courts will athrm the validity of such independent part, without considering whether the other is or is not unconstitutional. State ex rel. Dunn v. Board of Commissioners of Humboldt County, 21 Nev. 235 (29 P. 974). The fact that a provision in an act to disincorporate a town, fixing the boundaries thereof, may be unconstitutional, as special legislation. because varying from the general act providing that the county commissioners shall fix the boundaries of disincorporated towns, does not invalidate so much of the act as disincorporates the town. State ex rel. Osburn v. Beck, 25 Nev. 69 (56 P. 1008). In constitutional interpretation, contemporaneous legislation is always considered of force. State ex rel. Ash v. Parkinson, 5 Nev. 17. Where a constitutional provision has been borrowed from another state after its meaning has been judicially determined by such state. the construction so put upon it is deemed adopted with the language. Hess v. Pegg, 7 Nev. 23. 27. 30. When the provisions of an unconstitutional act attempts to repeal a former statute, held that the repealing clause falls with the act. State ex rel. Keyser v. Hallock, 14 Nev. 202 (33 A. R. 559). An act of the legislature which was unconstitutional at the time of its enactment will not obtain validity by a subsequent change in the constitution authorizing such legislation. Comstock M. & M. Co. v. Allen, 21 Nev. 325, 330 (31 P. 434). Courts will not consider an objection to the constitutionality of an act of the legislature by a party whose rights it does not affect, and who has, therefore, no interest in defeating it. State ex rel. Osburn v. Beck, 25 Nev. 69 (56 P. 1008). Only one whose rights are affected can assert the unconstitutionality of the direct primary law of March 23, 1909 (Stats. 1909, c. 198), on the ground that it prevents one from being a candidate who has been defeated at a primary election. Riter v. Douglass, 32 Nev. 400 (109 P. 444, 445). The legislature has complete control of the entire subject of counties and county-seats, except where prohibited by constitutional provisions. Quillici V. Strosnider, 33 Nev. (115 P. 178). POLITICAL DATA In Relation to the Territorial Government, Constitution, and the State Government of Nevada 428. The first public meeting, in what is now Nevada, of which any record was kept, was held at "Mormon Station" (now Genoa), November 12, 1851. The object of this meeting was to organize a squatter government, and to adopt local rules for the government of the settlers and their property. The meeting agreed upon a petition to the National Congress for a Territorial Government. A second meeting was held November 19th, same year, and the next day a local form of government was adopted. Carson County, Utah, was organized by the following act: An Act defining the boundaries of Carson County, and providing for the organization thereof. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That all that portion of the country bounded north by Desert County, east by the parallel of longitude 118°, south by the boundary line of this Territory, and west by California, is hereby included within the limits of Carson County, and until organized is attached to Millard County for election, revenue and judicial purposes. SEC. 2. The Governor is hereby authorized to appoint a Probate Judge for said county, when he shall deem it expedient, and said Probate Judge, when appointed, shall proceed to organize said county, by dividing the county into precincts and causing an election to be held according to law, to fill the various county and precinct offices, and locate the county-seat thereof. Approved January 17, 1854. W. RICHARDS, President of the Council. J. M. GRANT, Speaker of the House of Representatives. BRIGHAM YOUNG, Governor of Utah Territory. TERRITORY OF UTAH-SECRETARY'S OFFICE. I, Elijah Sells, Secretary of Utah Territory, do hereby certify that the above and foregoing is a true copy. Witness my hand and the Great Seal of the Territory this 22d day of October, 1892. [SEAL] ELIJAH SELLS, Secretary of Utah Territory. This embraced all of Washoe, Douglas, Lyon, Ormbsy and Storey Counties, the greater part of Esmeralda and Churchill Counties, and a portion of Humboldt. The first attempt at representation at Washington was made by electing James W. Crane as a delegate to represent the claims of the settlers to a Territorial Government. Crane having died, John J. Musser was elected his successor November 12, 1859. On June 6, 1859, a mass meeting of delegates from the several districts was held, at which the 14th day of July, 1859, was fixed for holding an election for the purpose of electing delegates to a constitutional convention. Delegates |