149. SEC. 18. No judicial officer shall be superseded, nor when officers shall the organization of the several courts of the territory of superseded. Nevada be changed, until the election and qualification of the several officers provided for in this article. ARTICLE VII. IMPEACHMENT AND REMOVAL FROM OFFICE. tried. 130. SECTION 1. The assembly shall have the sole power of Impeachimpeaching. The concurrence of a majority of all the members ment, how elected shall be necessary to an impeachment. All impeachments shall be tried by the senate, and, when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence. The Chief Justice of Chief Justice the Supreme Court shall preside over the senate while sitting to try the Governor or Lieutenant-Governor upon impeachment. No person shall be convicted without the concurrence of two- Conviction. thirds of the Senators elected. to preside. to impeach 151. SEC. 2. The Governor, and other state and judicial Who liable officers, except Justices of the Peace, shall be liable to impeach-ment. ment for misdemeanor or malfeasance in office; but judgment in such case shall not extend further than removal from office and disqualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to law. Court and Judges may 152. SEC. 3. For any reasonable cause, to be entered on Justices of the journals of each house, which may or may not be sufficient Supreme grounds for impeachment, the Chief Justice and Associate Jus-District tices of the Supreme Court and Judges of the District Courts be removed. shall be removed from office on the vote of two-thirds of the members elected to each branch of the legislature, and the Justice or Judge complained of shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person, or by counsel, in his defense; provided, that no member of either branch of the legislature shall be eligible to fill the vacancy occasioned by such removal. O'Neale v. McClinton, 5 Nev. 329. civil officer. 153. SEC. 4. Provision shall be made by law for the Removal removal from office of any civil officer, other than those in this from office of article previously specified, for malfeasance or nonfeasance in the performance of his duties. ARTICLE VIII. MUNICIPAL AND OTHER CORPORATIONS. 134. SECTION 1. The legislature shall pass no special Act Special in any manner relating to corporate powers, except for munic- prohibited. legislation Sec. 155. Taxation, to. ipal purposes; but corporations may be formed under general 135. SEC. 2. All real property and possessory rights to what subject the same, as well as personal property in this state, belonging to corporations now existing or hereafter created, shall be subject to taxation the same as property of individuals; provided, that the property of corporations formed for municipal, charitable, religious, or educational purposes may be exempted by Dues may be secured. Corporations subject to laws, etc. Corporations may sue. Bank notes prohibited. Right of way. Organization law. 156. SEC. 3. Dues from corporations shall be secured by such means as may be prescribed by law; provided, that corporators in corporations formed under the laws of this state shall not be individually liable for the debts or liabilities of such corporations. 157. SEC. 4. Corporations created by or under the laws of the territory of Nevada shall be subject to the provisions of such laws until the legislature shall pass laws regulating the same, in pursuance of the provisions of this constitution. 158. SEC. 5. Corporations may sue and be sued in all courts, in like manner as individuals. 159. SEC. 6. No bank notes or paper of any kind shall ever be permitted to circulate as money in this state, except the federal currency and the notes of banks authorized under the laws of Congress. 160. SEC. 7. No right of way shall be appropriated to the use of any corporation until full compensation be first made or secured therefor. 161. SEC. 8. The legislature shall provide for the organof cities and ization of cities and towns by general laws, and restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies. towns. State not to County, etc., not to become of water. City of Virginia v. Chollar-Potosi Mg. Co., 2 Nev. 86. The state shall not donate or loan money or 163. SEC. 10. No county, city, town, or other municipal stockholder. corporation shall become a stockholder in any joint stock company, corporation, or association whatever, or loan its credit in aid of any such company, corporation, or association, except railroad corporations, companies, or associations. Fiscal year. Gibson v. Mason, 5 Nev. 284. ARTICLE IX. FINANCE AND STATE DEBT. 164. SECTION 1. The fiscal year shall commence on the first day of January in each year. for levying 165. SEC. 2. The legislature shall provide by law for an Legislature annual tax sufficient to defray the estimated expenses of the to provide state for each fiscal year; and whenever the expenses of any an annual year shall exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing years [year] or two years. Klein v. Kinkead, 16 Nev. 194; State v. Carson Savings Bank, 17 tax. contract Restriction of 166. SEC. 3. For the purpose of enabling the state to state may transact its business upon a cash basis, from its organization, cont the state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of three hundred thousand dollars, except for the purpose of defraying extraordinary expenses as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, debt. to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semi- Annual tax. annually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said Proceeds, taxes to the payment of said principal and interest; and such how approappropriation shall not be repealed, nor the taxes be postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money bor- When conrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense. Nightingill v. Com. Storey Co., 1 Nev. 261. priated. tract void. assume in 167. SEC. 4. The state shall never assume the debts of State not to any county, town, or city, or other corporation whatever, unless debtedness. such debts have been created to repel invasion, suppress insurrection, or to provide for the public defense. ARTICLE X. TAXATION. be equal. 168. SECTION 1. The legislature shall provide by law for Taxation to a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal, and possessory, excepting mines and mining claims, the proceeds of which alone shall be taxed, and also excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious, or charitable purposes. Ex parte Robinson, 12 Nev. 261; ex parte Cohn, 13 Nev. 424; State Superintendent, when elected. Term of office. School system to be uniform. Lands appropriated for educational purposes. Sale, how made. ARTICLE XI. EDUCATION. 169. SECTION 1. The legislature shall encourage, by all suitable means, the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements; and also provide for the election by the people, at the general election, of a Superintendent of Public Instruction, whose term of office shall be two years from the first Monday of January, A. D. eighteen hundred and sixty-five, and until the election and the qualification of his successor, and whose duties shall be prescribed by law. 170. SEC. 2. The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year; and any school district neglecting to establish and maintain such a school, or which shall allow instructions of a sectarian character therein, may be deprived of its proportion of the interest of the public school fund during such neglect or infraction; and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools. 171. SEC. 3. All lands, including the sixteenth and thirtysixth sections in every township, donated for the benefit of public schools in the Act of the thirty-eighth Congress, to enable the people of Nevada territory to form a state government; the thirty thousand acres of public lands granted by an Act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for each Senator and Representative in Congress; and all proceeds of lands that have been, or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the Act of Congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. eighteen hundred and forty-one; provided, that Congress make provisions for, or authorizes such diversion to be made for the purpose herein contained, all estates that may escheat to the state, all of such per cent. as may be granted by Congress on the sale of land, all fines collected under the penal laws of the state, all property given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources shall be, and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties in proportion to the ascertained numbers of the persons between the ages of six and eighteen years in the different counties; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above mentioned sources in United States bonds, or the bonds of this state; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and, provided further, that such proportion Proviso. of said interest as may be necessary may be appropriated for the support of the state university. Greenbaum v. Rhodes, 4 Nev. 312; Hydenfeldt v. Daney G. & S. M. 172. SEC. 4. The legislature shall provide for the establish- University. ment of a state university, which shall embrace departments for agriculture, mechanic arts, and mining, to be controlled by a Board of Regents, whose duties shall be prescribed by law. schools. 173. SEC. 5. The legislature shall have power to establish Normal normal schools, and such different grades of schools, from the ' primary department to the university, as in their discretion. they may deem necessary, and all professors in said university, or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath as prescribed in article XV. of this constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes. 174. SEC. 6. The legislature shall provide for a special tax special tax. of one-half of one mill on the dollar of all taxable property in the state, in addition to the other means provided for the support and maintenance of said university and common schools; provided, that at the end of ten years they may reduce said tax to one-quarter of one mill on each dollar of taxable property. 175. SEC. 7. The Governor, Secretary of State, and Regents. Superintendent of Public Instruction shall, for the first four years, and until their successors are elected and qualified, constitute a Board of Regents, to control and manage the affairs of the university and the funds of the same, under such regulations as may be provided by law. But the legislature shall, at its regular session next preceding the expiration of the term of office of said Board of Regents, provide for the election of a new Board of Regents and define their duties. 176. SEC. 8. The Board of Regents shall, from the inter- Duties of est accruing from the first funds which come under their con- Regents. trol, immediately organize and maintain the said mining department in such manner as to make it most effective and useful; provided, that all the proceeds of the public lands donated by Act of Congress approved July second, A. D. eighteen hundred and sixty-two, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said Board of Regents in a separate fund, to be appropriated exclusively for the benefit of the first named departments to the university, as set forth in section. |