Tuesday,]

KENNEDY-GIBSON-HAWLEY-PRESIDENT CHAPIN-KINKEAD.

persons from eligibility to office, which was not |

the fact.

ENROLLMENT OF THE CONSTITUTION.

Mr. KENNEDY. I wish to inquire if the Enrolling Committee cannot employ additional force, so as to complete the enrollment of the Constitution to-day? As I understand the matter, we have appointed a committee to have the whole instrument re-enrolled after our adjournment.

Mr. GIBSON. That will not be necessary, except in cases where amendments are made. Mr. KENNEDY. I understood that the whole was to be re-enrolled, and that copy, I think, ought to be executed with great care, while the appearance of the copy which is now being enrolled, is of comparatively little consequence. I think if the committee employ sufficient force we may get through to-night.

Mr. HAWLEY. I have always been under the impression that the original copy of an enrolled bill, as it came from the hands of the Enrolling Clerk, was the copy to which reference would be made in the event of any litigation growing up under the instrument, and I suppose the rule would be the same in regard to our Constitution. But whether I am correct in that or not, I do not think any advantage is to be gained by the employment of additional clerks. One great object of the enrollment is to leave no room for interlineations, and if we divide the labor among several clerks, that object is necessarily defeated. It is important, too, that the whole instrument shall present a neat and uniform appearance. If it is the sense of the Convention, however, that we should employ another clerk, we can do so.

The PRESIDENT. I do not think it will be possible to finish the work before the day after to-morrow, unless additional clerical force is employed.

Mr. CHAPIN. Is proper attention now being given to the work of enrolling?

[July 26.

Mr. KENNEDY. In order to test the sense of the Convention, I will move that the Committee on Enrollment be instructed to employ such additional clerical force as may be necessary to finish the enrollment of the Constitution by ten o'clock to-night.

Mr. CHAPIN. Some of the sheets which have been damaged by rain may still be saved, perhaps. One object of the committee which has been appointed, I suppose, is to guard against such accidents. If they are not damaged so much that they cannot be read, the committee can report them, and then it will be the duty of the special committee to have them re-enrolled.

Mr. HAWLEY. I think it probable that those sheets are all replaced by this time. The PRESIDENT. I am very sure they are

not.

Mr. KINKEAD. If gentlemen will suspend the discussion a few minutes, I will report three articles from the Committee on Phraseology, which will give the Enrolling Clerk something to do.

The PRESIDENT. I had some experience on this subject in the Convention of last year, and I remember that when we had mainly completed our labors we were delayed two or three days on account of the enrollment. We can employ several clerks, and let one enroll one article, another a different one, and so on. I think we can procure the services of two or three competent gentlemen now engaged in Secretary Clemens' office, who will cheerfully assist in the enrollment.

The question was taken on the motion of Mr. Kennedy, and it was agreed to.

PHRASEOLOGY.

[Mr. COLLINS in the chair.]

Mr. KINKEAD, from the Committee on following report: Phraseology and Arrangement, submitted the

MR. PRESIDENT:-Your Committee on Phraseology have had under consideration Articles VII, XI, and

XVI, of the Constitution, and beg leave to report the following corrections and alterations:

In Section 1 of Article VII, after the word "Gov

ernor," in the fourth line from the bottom, insert "or

Lieutenant Governor."

Section 2 of same article, strike out the words "un

Mr. HAWLEY. I went to the Enrolling Clerk's office early this morning. I did not find him in, but I saw a portion of his work which had been done in a workmanlike manner, and I found another portion which had evidently been rained on. I saw Mr. Van Winkle subsequently, at about half-past seven der this State Government," in third line. o'clock, and he then assured me that he would Section 3, same article, strike out the words "and immediately go to work and replace the dam-county," in seventh line. aged sheets. He said he was only waiting for the engrossed copy of the article on Judicial Department, and that, together with the Schedule, and the Ordinance providing for elections, comprises all remaining to be enrolled. If the Committee on Engrossment can report the judicial article now, I think it can be enrolled by two o'clock.

The PRESIDENT. I do not believe it can be done before seven o'clock. The clerk writes a beautiful hand, but very slowly, and I am confident that it will take him till six or seven o'clock.

In Section 5, Article XI, strike out the words "see

fit," and insert the words "deem necessary," in sixth line.

Same section, strike out the word "common" before "schools." in the eighth line.

In Section 7, same article, substitute the word "con

stitute" for "be," in sixth line.

In Section 8, strike, out "the," where it occurs in

the sixth line.

Insert in same section, after the word "lost," in fourth line from bottom, the words " "or misappropriated."

In same section, third line from bottom, insert the

word "principal" in lieu of "capital."

They also recommend the insertion of the words (if an oath)"-in parentheses after the word enter," in last line of Section 2 of Article XVI; and

Tuesday,]

KINKEAD-DELONG-BROSNAN-PRESIDENT-TAGLIABUE-CHAPIN.

[July 26.

The next amendments are in Section 8, of the

add to the section the words, "(if an affirmation,); under the pains and penalties of perjury." Also, strike out the word "and" where it occurs be- same article-to strike out "the" where it oc

fore"1867," and "1875," in Section 13, Article XVI. All of which if respectfully submitted.

J. H. KINKEAD, Chairman.

curs in the sixth line, so as to read-" make it most effective and useful," instead of "make it the most effective and useful." Also, in the The PRESIDENT pro tem. If there is no ob- same section, to insert after the word "lest," jection, these amendments will be considered in in the fourth line from the bottom, the words their order, and each section read with its pro-" or misappropriated;" and in the third line posed amendments, so as to be understood by every member. The Secretary will read the amendments, and the sections or clauses, as amended.

from the bottom, the word “principal,” in lieu of "capital." The concluding portion of the section will then read:

"And the Legislature shall provide that if through

The SECRETARY. The first amendment is neglect, or any other contingency, any portion of the In Section 1 of Article VII, after the word "Governor," in fourth line from the bottom, insert

Lieutenant Governor."

The clause will then read:

or

"The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Gayernor or Lieutenant Governor upon impeachment." The next amendment is

State of Nevada shall replace said amount so lost or fund so set apart shall be lost or misappropriated, the misappropriated in said fund, so that the principal of

said fund shall remain forever undiminished."

THE ENROLLMENT-AGAIN.

[The PRESIDENT in the chair.]

The PRESIDENT. I will state, for the information of members of the Convention, that

"Section 2, of same article, strike out the words the gentleman from Douglas, (Mr. Hawley.)

'under this State Government,' in third line.'

It will then read:

"The Governor, and other State and judicial officers, except Justices of the Peace, shall be liable to impeachment for misdemeanor, or malfeasance in office."

Mr. KINKEAD. Those words made rather a bad sentence, and the committee did not see that they meant anything.

Mr. DELONG. I cannot see how the section could have reference to any other officers than those under this State Government."

Mr. BROSNAN. The words are clearly superfluous.

The SECRETARY. The next amendment is "Section 3, same article, strike out the words and county,' in seventh line."

The sentence will then read:

"For any reasonable cause, to be entered on the journals of each House, which may or may not be sufficient grounds for impeachment, the Chief Justice and Associate Justices of the Supreme Court, and Judges of the District Courts, shall be removed from office on the vote of two-thirds of the members elected to each branch," etc.

The next are as follows:

"In Section 5, Article XI, strike out the words 'see fit,' and insert the words 'deem necessary,' in sixth Same section, strike out the word "common," before

line.'

"schools," in eighth line.

and I went into the office of the Secretary of the Territory, and although we found his clerks very busy with some pressing work, yet two or three of them expressed a willingness to assist in the enrollment, and will be ready to proceed with the work as soon as we are ready for them.

Mr. TAGLIABUE. Do they think they can complete the enrollment this evening?

The PRESIDENT. They will work at it as diligently as they can. The Secretary himself is absent, and one of the clerks does not feel authorized, in his absence, to leave his other duties and assist in the enrollment, but the other two will do so.

PHRASEOLOGY-AGAIN.

The Convention resumed the reading and consideration of the amendments reported by the Committee on Phraseology.

The SECRETARY. The next amendment is in the oath, in Section 2 of Article XVI. The committee propose to insert after "enter," in the last line, the words "(if an oath);" and to add to the section the following: "(if an affirmation), under the pains and penalties of perjury." The concluding sentence will then read:

"And further, that I will well and faithfully perform all the duties of the office of on which I am

The first part of the section will then read as about to enter; (if an oath) so help me God; (if an follows:

affirmation) under the pains and penalties of perjury.” The next and last amendment is

Also strike out the the word "and," where it occurs

before "1867 " and "1875," in Section 13, Article XVI.

Mr. CHAPIN. Let us hear how that will read, as amended. Sometimes these little words make a wonderful sight of difference. For instance, in one place I should like to strike out the word "Carson" and insert "Virginia," and the change of that one word would remove the Capital.

Mr. DELONG. A capital idea.

Mr. KINKEAD. It should be a capital offense. [Merriment.]

Tuesday.]

MCCLINTON-DUNNE-KINKEAD-COLLINS-CHAPIN.

[July 26.

The SECRETARY read Section 13, as pro- | est, and it requires the State to be responsible posed to be amended, as follows:

SEC. 13. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, if deemed necessary, in the years 1865, 1867, 1875, and every ten years thereafter; and those enumerations, together with the census that may be taken under the direction of the Congress of the United States in the year 1870, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature.

EDUCATION-SCHOOL FUND.

mous consent.

for it. I remember that the section was originally reported with the words "principal and interest," but after a discussion of considerable length, the word "capital" was substituted by the Convention as being preferable. It occurs to me, however, that this word "principal" is certainly to be preferred.

Mr. DUNNE. May I ask the gentleman from Storey (Mr. Collins) a question? Was it the intention that the interest should be allowed to accumulate and go in with the principal? Mr. MCCLINTON. In Section 7, of the arti-I understood it was the design of the Comcle on Education, the language is, that the mittee on Education that the principal and Board of Regents shall manage the affairs of interest should remain undiminished, in order the University, etc., "under such regulations as to allow a certain amount of the interest that may be provided by law." It occurs to me would accrue to accumulate for a given time, that it would read better to say, "as may be before the expenditure of the money should prescribed by law." commence. If that was not the desire or intenThe PRESIDENT. The question now pre- tion of the committee, then I can see no force sented is simply on the amendments reported in the use of the word "capital" instead of by the Committee on Phraseology. It is in "principal." Believing that to be the intenorder, of course, to amend the committee's tion of the committee, understanding that there amendments, but separate and independent was a certain principal fund to be obtained, amendments cannot be made at this time. I and the interest on that to accumulate for a will suggest, however, that at a subsequent certain length of time, and wishing to preserve stage, amendments may be adopted by unani- that fund, and the interest upon it up to that time, undiminished, I moved to make the amendMr. DUNNE. I call attention to the amendment which was adopted, inserting the word ment in the article on Education, to insert 'capital" instead of "principal." Now if the "principal in lieu of "capital," in Section interest is not to go into and become a part of 8. It did read in the engrossed copy, "prin- the capital fund, then that amendment was cipal and interest," and the point was made incorrect, and should not have been made in whether, if we were to preserve the interest of the first place. the school fund undiminished, it could ever Mr. COLLINS. The original intention of be taken or used, in any manner. Therethe committee, as has often been stated, was fore, as the real object was to preserve undi- that the interest should accumulate with the minished both the principal and interest, up to principal, and should be set aside and invested a certain time, before commencing to expend from time to time for the benefit of the agriit for its legitimate purposes, to include the cultural and mechanical departments of the matter in one word, and in order to tie up the college; but the Convention felt indisposed to interest also for a certain period, as I under- tie up more than the capital itself in that manstood, the word "capital" was inserted, instead ner-that is, the original sum, or the principal. of "principal and interest," both being includ- Therefore, I do not see the force of the word ed in that word. The Committee on Phraseol-capital," because if it was intended to tie up ogy now recommend that the word "principal" only, be used.

Mr. KINKEAD. The committee supposed that the provision was intended to include only the original amount invested in this fund, and referring only to that the committee considered that "principal" was a more appropriate word than capital," the latter word being used, as a general thing, only in reference to com

66

mercial transactions.

Mr. COLLINS. I will state that the law of

both the principal and interest, it was not in which was to hold the original sum only, allowaccordance with the design of the Convention, ing the interest to be at the disposal of the Board of Regents, to be appropriated according to the judgment and discretion of that Board, under the provisions of the law of Congress granting the ninety thousand acres to this State. It appears to me that “principal” is the better word.

Mr. DUNNE. I am satisfied with that ex

planation, and see that I was in error in introducing the amendment originally.

Mr. CHAPIN. Now I move that the entire

report of the Committee on Phraseology be adopted.

Congress under which the State is to receive from the General Government those ninety thousand acres of land-thirty thousand acres for each member of Congress-makes it obligatory that the proceeds of that land shall be set apart and invested exclusively for the benThe PRESIDENT. The question will be first efit of a college in which certain specified on the amendments reported to Article VII, enbranches of knowledge are to be taught. The titled Impeachment and Removal from Office. obligation applies to the entire proceeds of that The question was taken, and the amendments land, which includes both principal and inter-to Article VII were agreed to.

Tuesday,]

MCCLINTON-DUNNE-KINKEAD-BROSNAN-CHAPIN-WARWICK.

[July 26.

The PRESIDENT. The next question is on the history of the Territory of Nevada, to be prepared the amendments to Article XI, entitled Edu by the Hon. C. M. Brosnan. cation.

Mr. McCLINTON. I do not want to waste the time of the Convention, but I would like to see this article, especially, made as correct in its grammatical construction as it is possible to make it, in the short time allowed for its consideration. I certainly do think that the language in Section 7, where it says "under such regulations as may be provided by law," is not as good as it would be to say "as shall be prescribed by law." That is the word which is almost universally employed in that connection -"the Legislature shall prescribe." If one goes to a physician when he is in ill-health, the physician does not "provide" for him; he "prescribes."

The PRESIDENT. The amendment which the gentleman suggests is not contained in the report of the committee; and the gentleman will bear in mind that the article may be subject to amendment hereafter.

Mr. MCCLINTON. Very well.

The question was taken on the amendments reported to Article XI, and they were agreed

2d. The Organic Act of the Territory of Nevada. 3d. The Enabling Act, providing for this Convention.

4th. The Homographic Chart of the members and officers of the Convention.

5th. The Debates and Proceedings of the Convention (not including debates on points of order.) 6th. The Constitution, as finally adopted. 7th. The Index.

Mr. WARWICK. I do not know as it would be exactly right in this resolution, and yet I do not see why it is not perfectly proper to provide for giving at least one copy of the debates to each member of the Convention.

The PRESIDENT. A section of the Schedule, which we have adopted, provides for the publication of six hundred copies, and I think the Legislature will give one or two copies to each member of the Convention, in token of his services.

Mr. WARWICK. I think it very possible that the first Lesislature will distribute them all among themselves and their friends.

The PRESIDENT. Provision has already been made in the Schedule for the publication of the debates and proceedings, and the compensation of the reporter, and this resolution The question was next taken on the amend- is in conformity with the constitutional provisments reported by the Committee on Phrase-ion already adopted.

to.

ology to Article XVI, entitled Miscellaneous Mr. WARWICK. I should like to reach that Provisions, and they were agreed to. matter in some way.

Mr. DUNNE. I would inquire whether the section prohibiting perpetuities, adopted as Section 4, by resolution of the Convention, has been incorporated in this article?

Mr. KINKEAD. It has, in obedience to the order of the Convention. We found no error in it, and therefore there was no occasion to refer to it in this report.

Mr. BROSNAN. I would inquire if Section 6, as printed, limiting the aggregate number of members of the Legislature to seventy-five, has been transferred from the article?

The SECRETARY. No, sir; it is here.

OFFICIAL MINUTES OF THE CONVENTION.

The question was taken, and the resolution was adopted.

THE SCHEDULE.

Article XVII, entitled Schedule, was taken up, on its third reading.

Mr. MCCLINTON. I have an impression that there is one section of this article which was not read yesterday.

The SECRETARY. There is only one section that was not read yesterday, from a half a dozen to a dozen times; that is the section which was inserted last night on the motion of the gentleman from Storey (Mr. Brosnan.) The PRESIDENT. That section was adopt

Mr. CHAPIN offered the following resolu-ed, and thereupon transferred to this article. tion: The SECRETARY read Sections 1 to 12, in

Resolved, That the minutes of this Convention, and clusive, as follows: the Constitution when finally enrolled, be deposited SECTION 1. That no inconvenience may arise by with the Secretary of Nevada Territory for safe keep-reason of a change from a Territorial to a permanent ing; provided, that the Official Reporter of this Con- State Government, it is declared that all rights, actions, vention shall be allowed the use of the said minutes prosecutions, judgments, claims, and contracts, as while preparing his report of the debates and proceed- well of individuals as of bodies corporate, including ings of this Convention. counties, towns, and cities, shall continue as if no

The question was taken, and the resolution was adopted.

THE DEBATES AND PROCEEDINGS.

Mr. CHAPIN. I have another resolution to

offer.

The SECRETARY read the resolution, as follows:

Resolved, That the volume or volumes of the debates and proceedings of the Convention, as provided for in the Schedule of the Constitution shall contain: 1st.

An introduction, embracing a brief outline of

change had taken place; and all process which may issue under the authority of the Territory of Nevada, previous to its admission into the Union as one of the United States, shall be as valid as if issued in the name of the State of Nevada.

SEC. 2.

force at the time of the admission of this State, not reAll laws of the Territory of Nevada, in pugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the Legislature.

SEC. 3. All fines, penalties, and forfeitures accruing to the Territory of Nevada, or to the people of the United States in the Territory of Nevada, shall inure to the State of Nevada.

SEC. 4. All recognizances heretofore taken, or which

Tuesday,]

CHAPIN-DELONG-PROCTOR-DUNNE-WARWICK.

[July 26.

thereafter, the term of Senators shall be for 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 hereinbefore provided, so that one-half the number, as nearly as may be, shall be elected every two years.

SEC. 11. The first regular session of the Legislature shall commence on the second Monday of December, A. D. 1864, and the second regular session of the same shall commence on the first Monday of January, A. D. 1866, 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. 1867, and the regular sessions of the Legislature shall be held thereafter biennially, commencing on the first Monday of January.

may be taken before the change from a Territorial to a permanent State Government, shall remain valid, and shall pass to, and may be prosecuted in the name of the State; and all bonds executed to the Governor of the Territory, or to any other officer or court in his or their official capacity, or to the people of the United States in the Territory of Nevada, shall pass to the Governor, or other officer or court, and his or their successors in office, for the uses therein respectively SEC. 10. The term of members of the Assembly expressed, and may be sued on, and recovery had ac- elected at the first election under this Constitution, cordingly; and all property, real, personal, or mixed, shall expire on the day succeeding the general election and all judgments, bonds, specialties, choses in ac- in A. D. 1865, and the terms of those elected at the tion, claims and debts of whatsoever description, and general election A. D. 1865, shall expire on the day sucall records and public archives of the Territory of Ne-ceeding the general election A. D. 1866. vada, shall issue to and vest in the State of Nevada, and may be sued for and recovered in the same manner and to the same extent by the State of Nevada, as the same could have been by the Territory of Nevada. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a Territorial to a State Government, and which shall then be peuding, shall be prosecuted to judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Nevada before the change from a Territorial to a State Government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Nevada with like effect as though such change had not taken place, and all pen alties incurred shall remain the same as if this Constitution had not been adopted. All actions at law and suits in equity, and other legal proceedings, which may be pending in any of the courts of the Territory of Nevada at the time of the change from a Territorial to a State Government, may be continued and trans-ly, shall continue in office until the election and qualiferred to and determined by any court of the State which shall have jurisdiction of the subject matter thereof. All actions at law, and suits in equity, and all other legal proceedings, which may be pending in any of the courts of the Territory of Nevada at the time of the change from a Territorial to a State Government, shall be continued and transferred to, and may be prosecuted to judgment and execution in any court of the State which shall have jurisdiction of the subject matter thereof; and all books, papers, and records, relating to the same, shall be transferred in like manner to such court.

SEC. 5. Until otherwise provided by the Legislature, the apportionment of Senators and Assemblymen in the different counties shall be as follows, to wit: Storey County, four Senators and twelve Assemblymen; Douglas County, one Senator and two Assemblymen; Esmeralda County, two Senators and four Assemblymen; Humboldt County, two Senators and three As

SEC. 12. All county officers, under the laws of the Territory of Nevada at the time when this Constitution shall take effect, whose offices are not inconsistent with the provisions of this Constitution, shall continue in office until the first Monday of January, A. D. 1867, and until their successors shall be elected and qualified; and all township officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified. Provided, that the Probate Judges of the several counties respectivefication of the District Judges of the several counties or judicial districts. And further provided, that the terms of the present county officers of Lander County shall expire on the first Monday of December, 1864, and until the election and qualification of the successors of such officers as are not inconsistent with the provisions of this Constiution. The several county officers of sald County of Lander shall be chosen at the general election in November, A. D. 1864.

LANDER COUNTY OFFICERS.

Mr. CHAPIN. It seems to me the last proviso, in the section just read, does not sound exactly right. It says "the terms of the present county officers of Lander County shall expire on the first Monday of December, 1864, and until the election and qualification of the semblymen; Lander County, two Senators and four successors of such officers." They are to exAssemblymen; Lyon County, one Senator and three Assemblymen; Lyon and Churchill Counties, one Sen-pire at the time specified, and until something ator jointly; Churchill County, one Assemblyman; else happens. Nye County, one Senator and one Assemblyman; Washoe and Roop Counties, two Senators and three Assemblymen; Ormsby County, two Senators and three Assemblymen.

SEC. 6. All debts and liabilities of the Territory of Nevada, lawfully incurred, and which remain unpaid at the time of the admission of this State into the

Union, shall be assumed by, and become the debt of

the State of Nevada.

SEC. 7. The term of State officers, except judicial, elected at the first election under this Constitution,

shall continue until the Tuesday after the first Monday of January, A. D. 1867, and until the election and qualification of their successors.

SEC. 8. The Senators to be elected at the first elec

tion under this Constitution shall draw lots, so that the term of one-half the number, as near as may be, shall expire on the day succeeding the general election in A. D. 1866, and the term of the other half shall expire on the day succeeding the general election in A. D. 1868; 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 near as may be, between the long and short terms.

SEC. 9. At the general election in A. D. 1866, and

The PRESIDENT. It is so in the original; the engrossment is correct.

Mr. DELONG. It is bad grammar, at any rate.

Mr. PROCTOR. I will move to insert "hold office," instead of "expire."

Mr. DUNNE. Suppose we pass the section temporarily, and let the gentleman from Lander (Mr. Warwick) give his attention to it.

Mr. WARWICK. It seemed to me yesterday, that there was some little difficulty about that language, as it was read at the desk.

Mr. CHAPIN. Let us proceed with the reading, and give the gentleman from Lander an opportunity to prepare an amendment.

The PRESIDENT. If there is no objection that course will be taken. The Secretary will proceed.

THE SCHEDULE-CONTINUED.

Sections 13 and 14 were read, as follows: