Tuesday,] EARL-FITCH-BROSNAN-BANKS. to the gentleman from Storey. (Mr. Earl,) that his motion now embraces the schedule, and gentlemen will see that it will be impossible to complete that until we have completed the balance of the instrument. Mr. EARL. I suggest that we take up from Article V to Article VIII, inclusive, and consider the remainder. Certainly, it seems to me that any gentleman could take up this whole document, after having had it before him for a month, and no doubt made up his mind upon its provisions, as nearly every gentleman probably has done, and state what changes he thinks are necessary. I, for one, can make all the changes necessary in my opinion between now and to-morrow at 10 o'clock; in fact, I have done so since yesterday, and have marked them all in my copy. I think I will fall back on my original motion, to take it all up from the first to the fifth articles. Mr. FITCH. I will move, as an amendment, that we commence by taking up Articles III, IV, V, and VI, that is, "the distribution of powers," and the legislative, executive and judicial departments. If that is too much to consider in one day, it is not too much, I think, for gentlemen to go over and prepare their amendments to in one evening. We can take up those four articles, and if we do not succeed in getting through with them in one day, we can take another day for them. I trust the gentleman will not insist on our considering the first and second articles at present, namely, the "Bill of Rights" and the "Right of Suffrage," which would be calculated to produce an immense amount of discussion at this time. I make my motion, Mr. President, upon the hypothesis that the motion of the gentleman from Storey (Mr. Chapin) be adopted, making this Constitution the basis. My amendment will simply be that Articles IV, V, and VI be noted for to-morrow. [July 5. sented by my colleague on my right, (Mr. Fitch), and I had thought that the proposition made by my other colleague, (Mr. Chapin), as originally made, would cover the whole ground. It may be said that by taking up this first Article in Committee of the Whole, it will be necessary to read it through. Undoubtedly it will have to be read through in Committee of the Whole, and then, after any amendments which may be moved are acted upon, we adopt it in committee and report it to the house, where it is passed, and there is an end of it. When we come to a section that needs amendment, in order to satisfy gentlemen, if we cannot agree readily upon such amendment, the Convention may refer the section to a special committee, to report subsequently, and go on with the consideration of the following sections. I do think that is the best and most expeditious way, and I hope all these amendments will be voted down. Mr. FITCH. I am perfectly willing, as well as my colleague, to meet the devil boldly in the face; but if it be necessary to have a contest with him, I prefer that it should be limited in duration. I am quite confident that if we commence the deliberations of the Convention by considering the proposition in the first and second Articles-if we begin with the discussion of the much vexed question of the paramount allegiance clause, or the equally vexed question of allowing the right of suffrage to persons who have been in arms against the Government, I am quite sure, from what I have learned of the views of members here, that the discussion will keep us in session till doomsday, or, at least, till the patience of the Convention is worn out, before we come to any conclusion. But let us go on and discuss first the more practical questions-those principles upon which we are to form our local government, and by the time we have disposed of them, we shall perhaps Mr. EARL. I will accept the amendment. have consumed so much of the time of the ConMr. BROSNAN. I do not see the object of vention, and have so wearied members out with this proposition; I cannot see that it econo- speeches, that they will be willing to let us off mizes time at all. If we are to have discus- with perhaps only one day upon "paramount sion upon the first, or upon the second article, allegiance," and another on the "right of sufit must come at some time, and we may as well frage." They will say, "Any way to get rid have it at once. I am one of those who think of it and enable us to go home." But if we that if I have to meet the devil on the way, I get into these discussions now, they will conwould prefer to meet him boldly, in front, at sume four or five days at least. For these reathe outset, and then, after overcoming him, my sons I am for postponing those sections which journey is smooth and easy the rest of the way. are likely to provoke discussion until we have I therefore see no use in adopting this proposi-disposed of and settled those which are not tion and commencing at the middle of our likely to provoke discussion. work. I think the more direct, as well as the Mr. BANKS. I understand the question to most expeditious way, is to commence with be this: shall we commence at the beginning Article I, and go through our work in its reg-of our work and pursue it regularly in the orular sequence. If we can get through with Article I, well and good; or if we can finish the first and second Articles in one day, so much the better. At any rate, we shall know that we are progressing on our journey in a consecutive and harmonious manner. I am decidedly opposed to the amendment, the proposition, or the suggestion, whatever it may be called, pre dinary course of a business-like transaction, or shall we commence in the middle of our work? Now, any man of ordinary experience in life would say, upon general principles, that it is best to commence at the beginning. What reasons, then, have we heard offered for changing the rule which governs in the ordinary affairs of life? Simply such reasons as are based upon the assumption that we are not a grave, deliberative body, but a mere set of schoolboys, incapable of regulating our own conduct, incapable of doing what we all feel to be necessary and right, and then going home. But I think the logic of those gentlemen is singularly defective in this particular, that they insist upon our putting off the hardest work until the last part of the session. On the other hand. I insist that it will be much better to take up those sections which are likely to consume most time at the first, because that will give all of us an opportunity to investigate the remaining portions of the Constitution at our leisure moments, while in public here we are considering and debating those difficult propositions. It will give us an opportunity in the evenings and mornings, and at all times when we are not here in session, to consider the grave questions arising in this Constitution. I confess, for one, that although I have had consider ble experience in deliberative bodies, yet I am not prepared, and will not be prepared until I have heard everything within the bounds of reason which is to be offered, pro and con., concerning each of those propositions, to decide what will be my vote upon them. If gentlemen here are so wise as to be able to sit down in a room by themselves, and without any discussion, or comparison of views, decide what they will or will not do in every case, why, all I can say is, that they possess more wisdom than any man with whom it has been my fortune to commuuicate in regard to the formation of views. Therefore, I hope that the sug gestion just now made by the gentleman from Storey, (Mr. Brosnan), will prevail. Let each man, as he finds time, prepare any amendments he may deem necessary, bring them in on paper, and present them. I insist that we ought to take up the first Article and pass through it, and then the next Article, in the ordinary course of business, and so on till we get through with the whole instrument, and when we get through we shall be ready to adjourn. ARTICLE I. DECLARATION OF RIGHTS. [July 5. 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. 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; 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 States. The Constitution of the United States confers full power on the Federal Government to maintain and of the States, or people thereof, attempt to secede from perpetuate its existence, and whensoever any portion 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 of the jurors agree upon a verdict, it shall stand and manner to be prescribed by law; and, if three-fourths have the same force and effect as a verdict by the whole jury; provided, the Legislature, by a two-third vote of each branch thereof, may require a unanimous verdict notwithstanding this provision. SEC. 4. 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 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 sus pension. SEC. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained. sureties; unless for capital offenses, when the proof is SEC. 7. All persons shall be bailable by sufficient evident or the presumption great. SEC. 8. No person shall be held to answer for capital or otherwise infamous crime, (except in cases of Mr. EARL'S amendment was modified so as impeachment, and in cases of the militia when in actual to read as follows: Resolved, That each member of this Convention be requested to hand in by to-morrow, at 10 o'clock, A. M., such amendments as he may deem necessary to that portion of the Constitution formed for the so-called State of Nevada, as may be emboided in the IIId, IVth, Vth and VIth Articles, and that the said Articles be considered in Committee of the Whole, to-morrow. 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 for the same offense; nor shall he be compelled, in any criminal case, to be a wit The question was taken, and the amendment ness against himself, nor be deprived of life, liberty, or was not agreed to. property, without due process of law; nor shall pri vate property be taken for public use without just comThe question was taken on the original reso-pensation having been first made or secured, except in lution, as proposed by Mr. Chapin, and it was agreed to. So the Constitution framed by the Convention of 1863 was adopted as a basis, as lows: PREAMBLE. cases of war, riot, fire, or great public peril, in which case, compensation shall be afterwards made. SEC. 9. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsifol-ble for the abuse 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 evidenceto the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated; and the jury shall. have the right to determine the law and the fact.. 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 Constitution. Tuesday,] SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. SEC. 11. The Legislature shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all persons. SEC. 12. The military shall be subordinate to the civil power. No standing army shall be maintained by this State 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. 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner to be prescribed by law. SEC. 14. Representation shall be apportioned according to population. SEC. 15. The privilege of the debtor to enjoy the necessary 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 contracted; and there shall be no imprisonment for debt, except in case of fraud, and no person shall be imprisoned for a militia fine in time of peace. SEC. 16. No bill of attainder, ex-post facto law, or law impairing the obligation of contracts, shall ever be passed. SEC. 17. Foreigners who are or who may hereafter become bona 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. 18. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. SEC. 19. 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 affirmation, particularly describing the place to be searched, and the persons and things to be seized. SEC. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. SEC. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people. ARTICLE II. RIGHT OF SUFFRAGE. SECTION 1. Every white male citizen of the United States, (not laboring under the disabilities named in this Constitution,) of the age of twenty-one years and upwards, who shall have resided in the State six months, and in the district or county thirty days next preceding 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. SEC. 2. 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 voluntarily 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 Government, and no idiot, insane, or disloyal person, shall be entitled to the privilege of an elector. SEC. 3. For the purpose of voting, no person shall be deemed to have lost a residence by reason of his absence while employed in the service of the United States or of this State, nor gained a residence while a student in any seminary of learning. SEC. 4. No soldier in the army of the United States shall be deemed a resident of this State in consequence of being stationed within this State. SEC. 5. The right of suffrage shall be enjoyed by all persons otherwise entitled to the same who may be absent from this State in the military or naval service of the United States; provided, that the payment of a poll tax, or registration of such a voter, shall not be required as a condition to the right of voting. Provision shall [July 5. be made by law, regulating the manner of voting, holding elections, and making returns of such elections. SEC. 6. During the day on which any general election shall be held in this State, no qualified elector shall be arrested by virtue of any civil process. SEC. 7. All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof, shall be viva voce. SEC. 8. Provision shall be made by law for the registration of the names of the electors within the counties of which 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. SEC. 9. The Legislature shall provide by law for the payment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the State of the age of twenty-one years or upwards, one-half to be applied for State and one-half for county purposes; and the Legislature may make such payment a condition to the right of voting. SEC. 10. All citizens of the United States and bona fide residents of the Territory of Nevada, at the time provided in this Constitution for the first election to be held under its provisions, and who shall possess the other qualifications of electors herein provided, shall be entitled to vote for the election of all officers to be elected at such election and upon the question of adopting or rejecting this Constitution. 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 Judicial-and no persons 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. 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 first Monday of January next ensuing the election of its members, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation. SEC. 3. The members of the Assembly shall be chosen biennially by the qualified electors of their respective districts on the Tuesday next after the first Monday in November, and their term of office 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 two years from the day next after their election. SEC. 5. Senators and members of the Assembly shall be 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, elections and returns of its own members, choose its own officers, (except the President of the Senate,) determine the rules of the proceedings, and may punish its members for disorderly 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 contemptuous 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 the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under this State which shall have been Tuesday,] created, or the emoluments 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 Government of the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that Postmasters whose compensation does not exceed five hundred dollars per quarter, or commissioner of deeds, shall not be deemed as holding a lucrative office. SEC. 10. Any person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe or reward to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State. SEC. 11. Members of the Legislature shall be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session. SEC. 12. When vacancies occur in either House, the Governor shall issue writs of election to fill such vacancy. SEC. 13. A majority of all the members elected to each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may prescribe. [July 5. relation to interest on money; providing for opening and conducting elections of State, county, or township officers, and designating the place of voting; providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities. SEC. 21. In all cases enumerated in the preceding sections, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State. SEC. 22. Provision may be made by general law for bringing suit against the State as to all liabilities originating after the adoption of this Constitution. 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 the State, nor shall the sale of lottery tickets be allowed. SEC. 25. The Legislature shall establish a system of county and township government, which shall be uniform throughout the State. SEC. 26. The Legislature shall provide for the election of a Board of County Commissioners, in each county, and these County Commissioners shall jointly and individually perform such duties as may be prescribed by law. SEC. 27. Laws may be made to exclude from serving on juries all persons not qualified electors of this State, and all 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, bri SEC. 14. Each House shall keep a journal of its own proceedings, which shall be published, and the ayes and noes of the members of either House on any ques-bery, tumult, or other improper practice. tion 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 during its session, and neither shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may holding their sessions. be SEC. 16. Any bill may originate in either House of the 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 matter, 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; 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 several days, in each House, unless, in case of emergency, 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 passage of every bill, or joint resolution, shall be taken by ayes and noes, 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 and joint resolutions so passed, shall be signed by the presiding officers of the respective Houses. SEC. 19. No money shall be drawn from the Treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public money shall be attached 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: Regulating the jurisdiction and duties of Justices of the Peace and of Constables; for the punishment of crimes and misdemeanors; regulating the practice of courts of justice; providing 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; summoning and empanneling grand and petit juries, and providing for their compensation; regulating county and township business; regulating the election of county and township officers, and their compensation for the assessment and collection of taxes for State, county, and township purposes; in relation to fees and salaries; in SEC. 28. No money shall be drawn from the State treasury as salary or compensation to any officer or employe of 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 employe; and the salary or compensation so fixed shall neither be increased nor dimin ished so as to apply to any officer or employe of the Legislature, or either branch thereof, at such session; special and regular sessions of the Legislature. provided, that this restriction shall not apply to the first SEC. 29. under this Constitution may extend to ninety days, but SEC. 30. A homestead not exceeding one hundred and sixty acres of land, outside of the limits of a town or city, or not exceeding one acre within the limits of any town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, of the aggregate value of five thousand dollars, shall be exempt from forced sale under any process of law, and shall not be 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 contracted 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 may 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, No law shall be passed authorizing married women to carry on business as sole traders. SEC. 33. The Legislature shall provide for the election by the people of a Clerk of the Supreme Court, County Clerks, County Recorders, who shall be exofficio County Auditors, District Attorneys, Sheriffs, County Surveyors, Public Administrators, and other Tuesday,] necessary officers, and fix by law their duties and compensation; provided, that in no case such compensation shall exceed in the aggregate, as salary and fees in office, the sum of four thousand dollars per annum, to any one of such officers, exclusive of the necessary expenses attendant upon the discharge of the duties of the office, except the Sheriff's, whose compensation in fees and salary shall in no case exceed the sum of six thousand dollars per annum, exclusive of expenses necessarily incurred in the discharge of the duties of said office. County Clerks shall be ex-officio Clerks of the Courts of Record in and for their respective counties. SEC. 34. The members of the Legislature shall receive as compensation for their services, the sum of eight dollars for each day's actual attendance upon their legislative duties, at any regular or special session, and thirty cents for each mile traveled by the usual route in going to and returning from the place of meeting of the Legislature, and no further compensation or allow ance shall be made to any member of the Legislature for the performance of his official duties; provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers, and stationery, not exceeding the sum of forty 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 attendance as such presiding officers, receive an additional allowance of two dollars per diem. [July 5. bers of the Legislature, and shall hold his office for two 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 Governor, who is not a qualified elector, and who, at the time of such election, has not attained the age of twenty-five years; and who, except at the first election under this Constitution, 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 December succeeding such election, the Chief Justice of the Supreme Court and the Associate Justices 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 candidates elected. The persons having the highest number of votes for their 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 exe 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 such officer. SEC. 35. In all elections for United States Senators, such elections 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 expira-cuted. tion of the term of such Senator, to elect his successor. If a vacancy in such Senatorial representation from any cause occurs, 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 such Senator, it shall be the duty of the Governor, by proclamation, to convene the two Houses of the Legislature in joint convention, within not less than five days nor exceeding ten days from the publication of his proclamation, and the joint convention, when so assembled, shall proceed to elect the Senator as herein provided. SEC. 9. The Governor may, on extraordinary occasions, convene the Legislature, by a proclamation, and shall state to both houses, when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session. SEC. 10. He shall communicate, by message, to the Legislature, 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 Governor 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. 36. Every bill which may have passed the Legislature, shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not he shall return it, with his objections, to the House in which it originated, which shall enter such objections upon the journal, and proceed to reconsider it. If, after such reconsideration, it again pass both Houses by ayes and noes, by a majority of two-thirds of the members elected to each House, it shall become a law notwithstanding the Govenor's objections. If any bill shall not be returned within five days after it shall have been presented to him, (Sunday excepted,) exclusive of the day on which he received it, the same shall be a SEC. 13. The Governor shall have the power to suslaw, in like manner as if he had signed it, unless the pend the collection of fines and forfeitures, and to Legislature, by its final adjournment, prevent such re- grant reprieves for a period not exceeding sixty days datturn, in which case it shall be a law, unless the Gover- ing from the time of conviction, for all offences, except nor, within ten days next after the adjournment, (Sun-in cases of impeachment. Upon conviction for treason day excepted,) shall file such bill, with his objections he shall have power to suspend the execution of the thereto, in the office of the Secretary of State, who shall sentence until the case shall be reported to the Legislay the same before the Legislature at its next session, lature at its next meeting, when the Legislature shall in like manner as if it had been returned by the Gover- either pardon, direct the execution of the sentence, or nor; and if the same shall receive the vote of two- grant a further reprieve. And if the Legislature should thirds of the members elected to each branch of the fail or refuse to make final disposition of such case, the Legislature, upon a vote taken by ayes and noes, to be sentence shall then be enforced at such time and place entered upon the journals of each House, it shall be- as the Governor by his order may direct. The Govercome a law. nor shall communicate to the Legislature, at the beginning of every session, every case of fine or forfeiture remitted, or reprieve, pardon, or commutation 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. ARTICLE V. EXECUTIVE DEPARTMENT. SECTION 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be Governor of the State of Nevada. SEC. 2. The Governor shall be elected by the quali fied electors at the time and places of voting for mem SEC. 14. The Governor, Justices of the Supreme Court, and Attorney General, or a major part of them, of |