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Tuesday,]

DUNNE CHAPIN-PRESIDENT-BROSNAN-KINKEAD-WARWICK.

SEC. 13. The Governor, Secretary, Treasurer, and Superintendent of Public Instruction of the Territory of Nevada, shall each continue to discharge the duties

OFFICIAL BONDS.

[July 26.

Mr. CHAPIN. "To be approved by the of their respective offices after the admission of this Governor of this Territory," is the way Section State into the Union, and until the time designated for 17 reads in the enrolled copy. I will move to the qualification of the above named officers to be elected under the State Government; and the Terri-SOo amend it, however, as to read "to be aptorial Auditor shall continue to discharge the duties of proved by the Governor of the Territory of his said office until the time appointed for the qualifi- Nevada." cation of the State Controller; provided, that said officers shall each receive the salaries and be subject to the restrictions and conditions as 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. SEC. 14. The terms of the Supreme Court shall, until provision be made by law, be held at such times as the judges of 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, 1864. The

first term of the District Court in the Fifth Judicial

The PRESIDENT. I call the attention of the Convention, also, to the fact that the language requiring the Controller and Treasurer to give bonds, is liable to the construction, and probably that construction would be given it, that it is too general. It does not provide that they shall each give bonds, respectively. I suggest that the words "each respectively" should be inserted in that sentence.

ment.

Mr. BROSNAN. To come in after the word District, shall commence on the first Monday of De- | “ 'shall;" it would be a very proper amendcember, 1864, in the County of Nye, and shall commence on the first Monday of January, 1865, in the County of Churchill. The terms of the Fourth Judicial District shall, until otherwise provided by law, be held at the county seat of Washoe County, and the first term thereof be held on the first Monday of Decem

ber, 1864.

Mr. DUNNE. It is scarcely necessary, perhaps, to make a formal motion, but as we have used the letters "A. D." before the year throughout the entire instrument, I think we had better insert them in this section, for the sake of uniformity, if nothing else.

Mr. CHAPIN. There are four places in the section where a year is mentioned without those initials.

Mr. DUNNE. I move that the Secretary insert the letters in every case where a year is mentioned.

The PRESIDENT. If there is no objection, the Secretary will make that amendment in each case.

Sections 15, 16, and 17, were read, as follows:

SEC. 15. 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 be qualified 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. 1867, and until the election and qualification of their successors respectively.

SEC. 16. The Judges of the Supreme Court, and District Judges, provided to be elected at the first election under this Constitution, shall be qualified and enter upon the duties of their respective offices on the first Monday of December succeeding their election.

SEC. 17. 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, before they qualify and enter upon the discharge of their duties, execute and deliver to the Secretary of the Territory an official bond, made payable to the people of the State of Nevada, in the sum of thirty thousand dollars each, to be approved by the Governor of the Territory; 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.

Mr. CHAPIN. I will move that amendment, then, so that it will read-"and also the State Controller and State Treasurer shall each respectively, before they qualify and enter upon the discharge of their duties," etc.

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Mr. DUNNE. How would it do to say severally?"

Mr. CHAPIN. I do not like that so well. Mr. BROSNAN. Then you will want to strike out the word "each," where it occurs in the last clause, before the words "to be approved."

Mr. CHAPIN. I will include that also. I move to amend the last clause of the section, so that it will read as follows:

"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 bond or bonds as may be required by law."

Mr. KINKEAD. It appears to me that the provision, that it shall be made payable to the people of the State of Nevada, is hardly necessary.

The PRESIDENT. This applies only to the officers first elected. It is designed that the bonds of their successors, who will come into office after the State is fully organized, shall be established by law.

The question was taken on the amendment proposed by Mr. CHAPIN, as modified, and it was agreed to.

LANDER COUNTY OFFICERS-AGAIN.

Mr. WARWICK. I have prepared a substitute for the last proviso in Section 12, which I will offer. I ask the Secretary to read it.

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The SECRETARY read, as follows:

'Provided, that the election for all the county officers and Probate Judge of Lander County shall take place at the next general election, to be holden in the month of November, A. D. 1864, at which time their successors shall be elected; but the present incumbents shall hold their offices till the first Monday of December, A. D. 1864.”

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PRESIDENT-WARWICK-GIBSON-DUNNE-TAGLIABUE-COLLINS.

The PRESIDENT. That will not do, without excepting the Probate Judge. The Probate Judges are continued in office until the District Judges are elected; but you do not intend that a successor of the Probate Judge in Lander County shall be elected.

Mr. WARWICK. I will modify that portion, so as to read:

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Provided, that the election for all the county officers of Lander County, except Probate Judge, shall take place," etc.

The PRESIDENT. Can you change the time of election as to a part of the officers, without changing it as to the whole?

Mr. WARWICK. Will the Secretary read the section again? It is very complicated. Mr. GIBSON. You might say, "who shall hold their offices."

The SECRETARY read Section 12, as engrossed.

Mr. DUNNE. Is there not a general provision that all county officers, with the exception of the Probate Judges, shall hold until the first Monday in January, 1865?

The PRESIDENT. Until the first Monday in January. 1867, except in Lander County. Mr. WARWICK. That is the reason why this proviso is necessary.

The PRESIDENT. In Lander County the election would not occur, under the territorial laws, until September, 1865, and this proviso would shorten the term of office of the present incumbents, ten or eleven months.

Mr. DUNNE. I inquire if there is anything which limits the term of these officers elected? When are they to go out of office?

The PRESIDENT. I think as it now reads they are continued in office till January, 1865. Mr. WARWICK. No, sir; till the first Monday of December, 1864.

Mr. DUNNE. But how as to those who are

elected to succeed them? It should be provided that they shall go out of office when the other county officers do.

The PRESIDENT. The Secretary will read the section again.

The SECRETARY again read Section 12, and the proposed amendment, as modified.

Mr. WARWICK. Now I begin to see where that seems a little cloudy. The parenthesis in the middle is not necessary, and by striking that out. it will make it clearer and better. The proviso should read:

"Provided, further, That the terms of the present county officers of Lander County shall expire on the first Monday of December, 1864, and the several county officers of said County of Lander shall be chosen at the general election in November, A. D. 1864."

Mr. TAGLIABUE. If you change "and" toor," would not that do? Then it would read" shall expire on the first Monday of December, 1864, or until the election and qualification," etc.

Mr. WARWICK. Perhaps it would. It is "and 99 now.

[July 26.

that "and" is necessary in that connection, because the officers are elected perhaps a month or more before they are qualified.

Mr. TAGLIABUE My suggestion does not refer to the second "and."

Mr. WARWICK. I will offer the substitute which I have sent up. Will the Secretary read it again.

The SECRETARY again read Mr. Warwick's amendment, as modified.

The PRESIDENT. Then, in order to meet the objection raised by the gentleman from Humboldt, (Mr. Dunne,) it will be necessary to add a further provision, that the terms of those elected in December, 1864, shall continue until January. 1867.

Mr. WARWICK. Yes, sir. If the Convention will allow me a moment, I will prepare it.

Mr. COLLINS. I would inquire in regard to Section 6 of this article, providing that the State shall assume the debts and liabilities of the Territory of Nevada.

The PRESIDENT. One moment. I will ask the gentleman to forego his remarks on that subject until we get this proviso corrected, whilst it is fresh in the minds of members.

Mr. WARWICK. I will move the following as a substitute for the proviso:

"Provided, That the election for all the county officers of Lander County, except Probate Judges, shall take place at the next general election, to be holden in the month of November, A. D. 1864, at which time their successors shall be elected. But the present incumbents shall hold their offices till the first Monday of December, A. D. 1864, and their successors, elected at the general election in November, A. D. 1864, shall hold their respective offices until the first Monday of January, A. D. 1867.”

CALL OF THE HOUSE.

Mr. TAGLIABUE. I believe there is not a quorum present, and I move a call of the House.

ident, counted the Convention and reported The SECRETARY, by direction of the Presseventeen members present, being less than a quorum.

The question was taken on the motion that there be a call of the House, and it was agreed to.

The roll was called, and the following members responded to their names: Messrs. Belden, Brady. Brosnan, Chapin, Collins, Crawford, Crosman, Dunne. Frizell, Folsom, Kennedy, Lockwood, McClinton, Murdock, Proctor, Tagliabue, Warwick, Wetherill, and Mr. President. Present, 19; absent, 20.

The Sergeant-at-Arms was directed to arrest and bring in absent members.

Messrs. Gibson, Kinkead, and Hawley appeared, stated their excuses, and were allowed to take their seats.

On motion of Mr. TAGLIABUE, a quorum being present, further proceedings under the call were dispensed with.

LANDER COUNTY OFFICERS-AGAIN.
The Convention resumed the consideration

The PRESIDENT. I think, on the contrary, of Section 12 of the Schedule.

Tuesday,]

WARWICK-CHAPIN-PRESIDENT-CROSMAN-DUNNE-DELONG COLLINS.

[July 26.

Mr. WARWICK. I withdraw my amend-if that assumption is designed to prevent the ment, and will merely move to amend Section State from borrowing the full amount of money 12. as engrossed, by adding thereto the follow- contemplated in Section 3 of Article IX, which ing:

"And shall hold their respective offices until the first Monday of January, A. D. 1867."

Mr. CHAPIN. How does the first part of it read?

The SECRETARY. Just as it stands.

Mr. WARWICK. I have endeavored to remedy the defect, and I believe the only way is by this addition.

The PRESIDENT. I will suggest to the gentleman that the original proviso be amended by inserting shall continue until," instead of "shall expire on."

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Mr. WARWICK. I would like to hear it read with that amendment.

Mr. CROSMAN. The terms of the present county officers, I understand, expire in January, and it is proposed by this proviso to cut short their terms. Now, the usual term being for two years, why should we provide for the election of their successors for a term of twentyfive months, when in doing so we are cutting short the terms of the present incumbents? I will move to strike out December, 1864," and substitute "January, 1865."

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The PRESIDENT. If there is no objection that amendment will be made.

Mr. DUNNE. Will this proviso, so far as it relates to the Probate Judges, affect the general provision, as to judicial officers elected under the Constitution?

Mr. WARWICK. No, sir. The provision is, that the county officers shall hold until the election and qualification of the successors of such officers as are not inconsistent with the provisions of this Constitution." The office of Probate Judge, being in conflict with the Constitution, must necessarily expire.

The PRESIDENT. Let the Secretary read the section as it will stand with the proposed amendment, and then each member can judge for himself.

Mr. DELONG. I move to refer the section to the Lander County delegation, with instructions to report a new proviso, this afternoon, relative to the Lander County officers.

Mr. CHAPIN. Oh, no! I think it is all right, now.

authorizes the State to borrow, not to exceed three hundred thousand dollars, for the purpose of enabling the State to transact its business upon a cash basis. I would like to be informed whether this Section 6 of the Schedule would not conflict with that provision?

The PRESIDENT. If the inquiry is addressed to the Chair, I can only reply that I am not prepared to give an answer.

Mr. COLLINS. In Section 3 of Article IX, it is provided that the State may, for the purpose of transacting its business upon a cash basis, from its organization, contract debts, but which shall not exceed in the aggregate three hundred thousand dollars, exclusive of interest; but Section 6 of the Schedule provides that the State shall assume all the debts of Nevada Territory, which do exceed that amount. Mr. DELONG. I think they will fall much short of it.

Mr. COLLINS. I include the soldiers' bounty fund.

Mr. KINKEAD. The bounty fund will not bring it up to anything like it.

Mr. GIBSON. That will not exceed ten thousand dollars.

Mr. COLLINS. With a view of bringing the matter before the Convention, I will introduce a proviso to come in at the end of Section 6, so that the section will read as follows:

SEC. 6. All debts and liabilities of the Territory of Neavada, 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 of such debts shall not prevent the State from conthe State of Nevada; provided, that the assumption tracting the additional indebtedness as provided in Section 3 of Article IX, of this Constitution.

The question was taken on the adoption of the proviso offered by Mr. Collins, and it was agreed to by unanimous consent.

THE SCHEDULE-CONTINUED.

Sections 18 to 21, inclusive, (being the balance of the article,) were read, as follows:

SEC. 18. Each county, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such regulations as the Legislature may prescribe.

The PRESIDENT. I suggest that the gen-preme Court, District Judge, or other State officer shall SEC. 19. In case the office of any Justice of the Sutleman modify his motion so as to instruct the become vacant before the expiration of the regular Lander County delegation to report immedi- term for which he was elected, the vacancy may be ately, in order that we may complete the article. filled by appointment by the Governor, until it shall Mr. DELONG. He can report it back as be filled by clection, for the residue of the unexpired be supplied at the next general election, when it shall

soon as he is ready.
The question was taken on the motion to
refer Section 12 to the Lander County delega-
tion, and it was agreed to.

TERRITORIAL INDEBTEDNESS.

Mr. COLLINS. It will be perceived, by reference to Section 6 of the Schedule, that the State of Nevada is to assume the debts and liabilities of the Territory of Nevada. I will ask

term.

SEC. 20. All cases, both civil and criminal, which Courts of the several counties, at the time when under may be pending and undetermined in the Probate

the provisions of this Constitution said Probate Courts are to be abolished, shall be transferred to and deter mined by the District Courts of such counties respectvely.

ture, to convene under the requirements of this ConSEC. 21. At the first regular session of the Legislastitution, provision shall be made by law for the payment of the publication of six hundred copies of the

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KENNEDY-PRESIDENT-CHAPIN-WARWICK-COLLINS--DUNNE.

proceedings of this Convention, in book form, to be disposed of as the Legislature may direct; and the Hon. J. Neely Johnson, President of this Convention, shall contract for, and A. J. Marsh, Official Reporter of

this Convention, under the direction of the President, shall supervise the publication of such 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.

REPORTER'S COMPENSATION.

Mr. KENNEDY. Is that the wording of the last section, as reported by the Committee on Schedule" and he shall be paid in coin or its equivalent?" I would like to have those words stand, however, for I think it is nothing more than right.

The PRESIDENT. That is the language used in the section as reported, and it was adopted in that form by the Committee of the

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LANDER COUNTY OFFICERS-AGAIN.

Mr. WARWICK. I am prepared now to report from the Lander County delegation, on the proviso to Section 12 of the Schedule. I report back Section 12, with a recommendation that the last proviso be stricken out, and the following inserted in its stead:

"Provided, That the election for all the county officers of Lander County whose election is not in conflict with the provisions of this Constitution, shall take place at the next general election, to be holden in the month of November, A. D. 1864, but the term of office

of the present incumbents shall not expire until the first Monday in January, A. D. 1865, or as soon thereafter as their successors shall be elected and qualified; and their successors shall hold their offices until the first Monday of January, A. D. 1867."

The PRESIDENT. Does not that provide for two elections?

Mr. WARWICK. Possibly it may bear that construction. A time must be fixed for a new election, or there will be a period intervening without any county officers.

The PRESIDENT. But the difficulty seems to be in the latter part of the proviso-" as soon thereafter as their successors shall be elected and qualified." "Thereafter "would be after January, 1865.

44

Mr. WARWICK. Yes, sir. Probably it would be enough to say, as soon thereafter as their successors shall be qualified." I will modify that part of the proviso.

[July 26.

Mr. CHAPIN. I suggest that we strike out Lander County altogether. [Merriment.]

Mr. WARWICK (after consultation with the President.) I believe at last we have it right. I respectfully submit as a substitute for the last proviso as engrossed, the following:

And further provided, that the term of office of the present county officers of Lander County, shall expire on the first Monday of January, A. D. 1865, except the Probate Judge of said county, whose term of office shall expire upon the first Monday of December, A. D. 1864; and there shall be an election for the county officers of Lander County at the general election in November, A. D. 1864, and the officers then elected shall hold office from the first Monday of January, A. D. 1865, until the first Monday of January, A. D. 1867, and until their successors are elected and qualified.

The question was taken on the amendment offered by Mr. Warwick, as finally modified, and it was agreed to.

CONTINUANCE OF ACTIONS, ETC.

Mr. COLLINS. I call the attention of the Convention to the wording of Section 1 of this article. It reads thus:

"All rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, including counties, towns and cities, shall continue as if no change had taken place, and all process which may issue under the authority of the Territory of Nevada," etc.

word "every" for "all," before the word "proI will move to amend by substituting the cess," so as to read "every process which may issue," instead of "all process." It is certainly a little cloudy, as it now reads.

Mr. DUNNE. I do not concur with the gentleman from Storey in regard to the necessity of that amendment. There are certain legal terms, which, to a person unacquainted with legal phraseology, may not seem grammatical, but which are nevertheless perfectly correct in the legal sense in which they are used. I do not consider that there is any inaccuracy in the use of the word "all," in this connection, and as to its legal operation, it is much better than the word " every."

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Mr. COLLINS. I would like to have the gentleman explain why "every process" would not cover the entire ground. And, if it would, will not outsiders, who are not stored with legal lore, like the gentleman from Humboldt, regard the use of the word "all," as rather a faux pas on the part of the Convention? Certainly "every process" is as handsome looking a phrase. If all process" is a term in law that has a technical signification which cannot be supplied by other words, I would let it stand; but it seems to me that "every process" would answer quite as well. "All" is plural, while "process" is singular, and the plural adjective would seem to call for a plural noun. As the word "every" would do just as well, I do not see the force of the gentleman's objection.

Mr. DUNNE. "Process" is used as a plural noun-a collective noun-referring to all documents coming under that head. The gentle

Tuesday,]

PRESIDENT-COLLINS-DUNNE-BROSNAN-KENNEDY-GIBSON-KINKEAD.

[July 26.

man from Storey will recollect that in gram- Accordingly, at five minutes before 12 o'clock mar there are collective nouns which have a the Convention took a recess till 2 o'clock, singular form, and this word belongs to that P. M. class.

The PRESIDENT. The gentleman from Storey can move to recommit the section, in order to make the amendment, objection being made. I think, however, that the gentleman from Humboldt is right in his view of the

matter.

Mr. COLLINS. I move to refer the section to a committee of one, to consist of the gentleman from Ormsby, Mr. Kinkead, with instructions to make the amendment.

The question was taken, and the motion was not agreed to.

SALARIES AND APPROPRIATIONS.

Mr. DUNNE. Before this article is finally disposed of, I suggest that there is a section which the Convention has heretofore ordered incorporated in it, and which has not yet been read. I refer to the article on Salaries, which was directed to be inserted as a simple section in the Schedule.

Mr. BROSNAN. There was also another section ordered transferred to the ScheduleSection 6 of the article on Miscellaneous Provisions.

The SECRETARY. That has been incorporated; it is Section 7, as read.

The PRESIDENT.

The article on Salaries is in the hands of the Committee on Phraseology, and the Convention having ordered that it be inserted by that committee as a section in this article, the committee will undoubtedly do so before the final enrollment of the article.

Mr. DUNNE. I understand that there is a strong desire to have that article on Salaries again under consideration, for the purpose of adding some of the amendments which were stricken out, or substituting something else in their place, in regard to limiting the appropriations, or limiting the amount of the tax that may be levied. I hope an opportunity will be afforded, if there is any chance for it.

The PRESIDENT. I conceive that the article on Salaries is beyond the reach of the Convention. It was passed some time since, and a motion was subsequently made and car ried, that it be incorporated as a section in the Schedule.

Mr. DUNNE. We are now at work on the engrossed copy, I understand?

The PRESIDENT. Yes, sir; on the third reading of the article.

Mr. DUNNE. Then, I suppose, there will be a chance afterwards to get in amendments? The PRESIDENT. No, sir; except by unanimous consent, or recommitment.

Mr. KENNEDY. As it is near 12 o'clock, I move that we take a recess, so that the amend ments suggested can be prepared in the mean time.

The question was taken, and the motion was agreed to.

AFTERNOON SESSION.

The Convention reassembled, and was called to order by the President at twenty minutes past 2 o'clock, P. M.

The SECRETARY counted the Convention, and reported that there was not a quorum present.

Mr. GIBSON. I move a call of the House.

The PRESIDENT. Possibly, if the gentleman will withdraw his motion for a few moments we may obtain a quorum without the necessity of calling the roll.

The SECRETARY again counted the Convention, and reported just a quornm in attendance.

JUDICIAL DEPARTMENT.

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

MR. PRESIDENT-Your Committee on Phraseology, etc., report that they have carefully examined Article the adoption of the following amendments before beVI, entitled "Judicial Department," and recommend ing finally enrolled:

In Section 3, strike out the word "and," after the

words "four, and six years respectively."

In Section 7, in the last proviso, strike out the word "provide," and insert the word "designate," in lieu thereof.

In Section 16, strike out the words "to be fixed by

law," and insert the word "which" before the word

"shall."

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The PRESIDENT. The Secretary will read the several amendments, and the sections or clauses as proposed to be amended.

The SECRETARY. The first amendment is in Section 3, to strike out the word "and,” between the words" respectively" and "from," so that the clause relating to the terms of Justices of the Supreme Court will read :

"Who shall hold office from and including the first Monday of December, A. D. 1864, and continue in office thereafter, two, four, and six years respectively, from

the first Monday of January next succeeding their

election."

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