Sec. 62. Rights of bona fide residents. Slavery prohibited. Rights against seizures and searches. Treason, of sist. become, bona fide residents of this state, shall enjoy the same 62. SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state. 63. SEC. 18. 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 or places to be searched, and the person or persons, and thing or things to be seized. 64. SEC. 19. Treason against the state shall consist only what to con- in levying war against it, adhering to its enemies, or giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Rights retained by the people. Right of suffrage, who entitled. Residence, when not 65. SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people. ARTICLE II. RIGHT OF SUFFRAGE. 66. SECTION 1. Every 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 actually, and not constructively, 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; provided, that 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 or insane person shall be entitled to the privilege of an elector. Davies v. McKeeby, 5 Nev. 369. Amended by striking out the word white before the word male. Adopted by the legislature 1877 and 1879; ratified at the general election of 1880. 67. SEC. 2. For the purpose of voting, no person shall be gained or lost deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined in any public prison. frage by persons in vice. 68. SEC. 3. The right of suffrage shall be enjoyed by all Right of sufpersons otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes military ser so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and, provided further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution. be arrested. 69. SEC. 4. During the day on which any general election Elector not to shall be held in this state, no qualified elector shall be arrested by virtue of any civil process. 70. SEC. 5. All elections by the people shall be by ballot, Elections. and all elections by the legislature, or by either branch thereof, shall be by viva voce. of electors 71. SEC. 6. Provision shall be made by law for the regis- Registration tration of the names of the electors within the counties of which required. 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, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualifications. Clayton v. Harris, 7 Nev. 64. 72. SEC. 7. The legislature shall provide by law for the Poll tax. payment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the state, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for state, and one-half for county purposes; and the legislature may, in its discretion, make such payment a condition to the right of voting. 73. SEC. 8. All persons qualified by law to vote for rep- Qualified resentatives to the general assembly of the territory of Nevada voters. on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this constitution. ARTICLE III. DISTRIBUTION OF POWERS. 74. SECTION 1. The powers of the government of the State of Powers restricted. Nevada shall be divided into three separate departments-the Mason v. Com. Ormsby Co. 7 Nev. 392; State ex rel. Rosenstock v. ARTICLE IV. Vested in senate and assembly. Sessions biennial. Assemblymen, when chosen. Term of office. Senators, when chosen. Term of office. Senators and 75. 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. 76. SEC. 2. The sessions of the legislature shall be biennial, and shall commence on the first Monday of January next ensuing the election of members of the assembly, unless the Governor of the state shall, in the interim, convene the legislature by proclamation. 77. 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. 78. 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 four years from the day next after their election. 79. SEC. 5. Senators and members of the assembly shall Assembly- 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. men, qualifications of. Number of Senators. Right to judge of qualification. 80. 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. May punish of its proceedings, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member. and expel. May punish etc. 81. SEC. 7. Either house, during the session, may punish, for contempt, 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. ment to civil 82. SEC. 8. No Senator or member of assembly shall, Not eligible during the term for which he shall have been elected, nor for to appoint one year thereafter, be appointed to any civil office of profit office. under this state which shall have been 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. 83. SEC. 9. No person holding any lucrative office under who not elithe government of the United States, or any other power, shall gible to office. be eligible to any civil office of profit under this state; provided, that Postmasters whose compensation does not exceed five hundred dollars per annum, or Commissioners of Deeds, shall not be deemed as holding a lucrative office. State ex rel. Nourse v. Clark, 3 Nev. 566. qualified. 84. SEC. 10. Any person who shall be convicted of the When disembezzlement 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 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; and the legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony. empt from 85. SEC. 11. Members of the legislature shall be privileged Members exfrom arrest on civil process during the session of the legislature, arrest. and for fifteen days next before the commencement of each session 86. SEC. 12. When vacancies occur in either house, the Vacancies, Governor shall issue writs of election to fill such vacancy. how filled. 87. SEC. 13. A majority of all the members elected to quorum. 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. 88. SEC. 14. Each house shall keep a journal of its own Journal proceedings, which shall be published; and the yeas and nays required. of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal. closed. 89. SEC. 15. The doors of each house shall be kept open Doors may be during its session, except the senate while sitting in executive 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 be holding their sessions. 90. SEC. 16. Any bill may originate in either house of the Where bills legislature, and all bills passed by one may be amended in the may originate other. to embrace. 91. SEC. 17. Each law enacted by the legislature shall Laws, what embrace but one subject, and matter properly connected therewith, which subject shall be briefly expressed in the title; and . Bills, how read. no law shall be revised or amended by reference to its title only, but, in such case, the Act as revised, or section as amended, shall be re-enacted and published at length. Humboldt Co. v. Co. Com. Churchill Co., 6 Nev. 30; State v. Silvey, 9 Nev. 227; State v. Davis, 14 Nev. 439; Klein v. Kinkead, 16 Nev. 194; State ex rel. School Trustees v. Com. Storey Co., 17 Nev. 96; State v. Ah Sam, 15 Nev. 26; Esser v. Spaulding, 17 Nev. 290. 92. SEC. 18. Every bill shall be read by sections on three several days in each house, unless, in case of emergency, twothirds 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 final passage of every bill or joint resolution shall be taken by yeas and nays, to be entered on How passed. 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 or joint resolutions so passed How signed. shall be signed by the presiding officers of the respective houses, and by the Secretary of the Senate and Clerk of the Assembly. Money, how to be drawn. Legislation restricted. Laws to be general. State ex rel. Cardwell v. Glenn, 18 Nev. 34. 93. 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 to and published with the laws at every regular session of the legislature. 94. 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; Providing for changing the venue in civil and criminal cases; Changing the names of persons; Vacating roads, town plots, streets, alleys, and public squares; Summoning and impaneling grand and petit juries and providing for their compensation; Regulating county and township business; Regulating the election of county and township officers; For the assessment and collection of taxes for state, county, and township purposes; Providing for opening and conducting elections of state, county, or township officers, and designating the places of voting: Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities. 95. SEC. 21. In all cases enumerated in the preceding section, and in all other cases where a general law can be |