made applicable, all laws shall be general and of uniform oper- Ash v. Parkinson, 5 Nev. 15; Clarke v. Irwin, 5 Nev. 111; the state. 96. SEC. 22. Provision may be made by general law for Suits against bringing suit against the state, as to all liabilities originating after the adoption of this constitution. 97. SEC. 23. The enacting clause of every law shall be as Enacting follows: The people of the State of Nevada, represented in clause. senate and assembly, do enact as follows,' and no law shall be enacted except by bill. State ex rel. Chase v. Rogers, 10 Nev. 250, 98. SEC. 24. No lottery shall be authorized by this state, Lotteries nor shall the sale of lottery tickets be allowed. prohibited. Ex parte Blanchard, 9 Nev. 101; State v. Overton, 16 Nev. 136. 99. SEC. 25. The legislature shall establish a system of County and county and township government, which shall be uniform throughout the state. township government. missioners. 100. SEC. 26. The legislature shall provide by law for the County Comelection of a Board of County Commissioners in each county, and such county commissioners shall, jointly and individually, perform such duties as may be prescribed by law. 101. Mason v. County Com. of Ormsby Co. 7 Nev. 392; State ex rel. may be SEC. 27. Laws shall be made to exclude from serv-Jury service. ing 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 pro- Elections. hibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. 102. SEC. 28. No money shall be drawn from the state when money treasury as salary or compensation to any officer or employe of the legislature, or either branch thereof, except in cases treasury. 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 diminished so as to apply to any officer or employe of the legislature, or either branch thereof, at such session; provided, that this restriction shall not apply to the first session of the legislature. drawn from 103. SEC. 29. The first regular session of the legislature, Time of under this constitution, may extend to ninety days, but no sub- sessions. Homestead exempt from sequent regular session shall exceed sixty days, nor any special session, convened by the Governor, exceed twenty days. 104. SEC. 30. A homestead, as provided by law, shall be forced sale. 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 shall be situated. Property of wife. Dunker v. Chedic, 4 Nev. 378. 105. 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 Registration shall also be passed providing for the registration of the wife's separate property. of. Officers, pro made for election of. 106. SEC. 32. The legislature shall provide for the elecvision to be tion, by the people, of a Clerk of the Supreme Court, County Clerks, County Recorders, who shall be ex-officio County Auditors, District Attorneys, Sheriffs, County Surveyors, Public Administrators, and other necessary officers, and fix, by law, their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record, and of the Boards of County Commissioners in and for their respective counties. Compensation. United States Vesey v. Herman, 1 Nev. 36; Nevada v. Tilford, 1 Nev. 240; Brown v. Davis, 1 Nev. 409; Clarke v. Irwin, 5 Nev. 111; State ex rel. Perry v. Arrington et al, 18 Nev. 412. 107. SEC. 33. The members of the legislature shall receive for their services a compensation to be fixed by law, and paid out of the public treasury; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected; 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 sixty 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. 108. State ex rel. King v. Hallock, 16 Nev. 152. SEC. 34. In all elections for United States Senators, elected. such elections shall be held in joint convention of both houses Senators, how of the legislature. It shall be the duty of the legislature which convenes next preceding the expiration of the term of such Senator, to elect his successor. If a vacancy in such senatorial representation from any cause occur, it shall be the duty of the legislature then in session, or at the succeeding session thereof, to supply the 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. 109. SEC. 35. Every bill which may have passed the leg- Bill, when to islature shall, before it becomes a law, be presented to the Gov- become a law. ernor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originuted, which house shall cause such objections to be entered upon its journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses by yeas and nays, by a vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the Governor'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 law in like manner as if he had signed it, unless the legislature, by its final adjournment, prevent such return, in which case it shall be a law, unless the Governor, within ten days next after the adjournment (Sundays excepted), shall file such bill, with his objections thereto, in the office of the Secretary of State, who shall lay the same before the legislature at its next session, in like manner as if it had been returned by the Governor; and if the same shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law. Birdsall v. Carrick, 3 Nev. 154; State ex rel. George v. Swift, 10 ARTICLE V. EXECUTIVE DEPARTMENT. power. 110. SECTION 1. The supreme executive power of this Executive state shall be vested in a chief magistrate, who shall be Governor of the State of Nevada. term of office. 111. SEC. 2. The Governor shall be elected by the qualified Governor, electors at the time and places of voting for members of the election and legislature, and shall hold his office for four years from the time of his installation, and until his successor shall be qualified. 112. SEC. 3. No person shall be eligible to the office of Who eligible. Returns of election, how made. 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 the constitution, shall not have been a citizen resident of this state for two years next preceding the election. 113. 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, or a majority thereof, 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 persons elected. The persons having the highest number of votes for the respective offices shall be declared elected; but in case any two or more have an equal and the Who elected, 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. in-Chief. Commander- 114. 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. Duties of Execution of laws. Vacancies in office, how filled. May convene legislature. Messages to 115. 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. 116. SEC. 7. He shall see that the laws are faithfully executed. 117. 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 the person elected to such office. Clarke v. Irwin, 5 Nev. 111; State ex rel. Rosenstock v. Swift, 11 118. SEC. 9. The Governor may, on extraordinary occasions, convene the legislature by 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. Jones v. Theall, 3 Nev. 233. 119. 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. adjourn leg 120. SEC. 11. In case of a disagreement between the two Power to houses, with respect to the time of adjournment, the Governor islature. 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. gible to office 121. SEC. 12. No person shall, while holding any office Who not eliunder the United States government, hold the office of Governor, of Governor. except as herein expressly provided. Governor as reprieves. 122. SEC. 13. The Governor shall have the power to sus- Powers of pend the collection of fines and forfeitures, and grant reprieves to fines, forfor a period not exceeding sixty days, dating from the time of feitures and conviction, for all offenses, except in cases of impeachment. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the legislature should fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor, by his order, may direct. The Governor 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 for which he was convicted, the sentence, its date, and the date of the remission, commutation, pardon, or reprieve. and grant 123. SEC. 14. The Governor, Justices of the Supreme who may Court, and Attorney-General, or a major part of them, of whom remit fines the Governor shall be one, may, upon such conditions and with pardons. such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. 124. SEC. 15. There shall be a seal of this state, which state seal. shall be kept by the Governor, and used by him officially, and shall be called the great seal of the State of Nevada. commissions 125. SEC. 16. All grants and commissions shall be in the Grants and name and by the authority of the State of Nevada, sealed with to be in name the great seal of the state, signed by the Governor, and of the state. countersigned by the Secretary of State. Governor, 126. SEC. 17. A Lieutenant-Governor shall be elected at Lieutenantthe same time and places, and in the same manner as the Gov-how elected. ernor, and his term of office and eligibility shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the state, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled or the disability cease. 127. Acting Gover SEC. 18. In case of the impeachment of the Governor, nor, when. |