prohibited. four above; and the legislature shall provide that if, through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall remain forever undiminished. Sectarianism 177. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution. No funds for sectarian purposes. 178. SEC. 10. No public funds of any kind or character whatever, state, county, or municipal, shall be used for sectarian purpose. State ex rel. Nev. Orphan Asylum v. Hallock, 16 Nev. 373. Section 10 was added to article XI. by amendment adopted by the legislature 1877 and 1879, and ratified at the general election of 1880. ARTICLE XII. MILITIA. Organization of militia. Power to call out. 179. SECTION 1. The legislature shall provide by law for organizing and disciplining the militia of this state, for the effectual encouragement of volunteer corps, and the safe keeping of the public arms. 180. SEC. 2. The Governor shall have power to call out the militia to execute the laws of the state, or to suppress insurrection or repel invasion. ARTICLE XIII. PUBLIC INSTITUTIONS. Benevolent to be fostered 181. SECTION 1. Institutions for the benefit of the insane, institutions blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the state, subject to such regulations as may be prescribed by law. State prison. Aged and ties, to pro 182. SEC. 2. A state prison shall be established and maintained in such manner as may be prescribed by law; and provision may be made by law for the establishment and maintenance of a house of refuge for juvenile offenders. 183. SEC. 3. The respective counties of the state shall infirm, coun- provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortune, may have claim upon the sympathy and aid of society. vide for. State ex rel. Keyser & Elrod v. Hallock, 14 Nev. 202, ARTICLE XIV. BOUNDARY. 184. SECTION 1. The boundary of the State of Nevada Boundary of shall be as follows: Commencing at a point formed by the inter-state. section of the thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the eastern boundary line of the State of California; thence in a northwesterly direction along said eastern boundary line of the State of California to the forty-third degree of longitude west from Washington; thence north along said fortythird degree of west longitude and said eastern boundary line of the State of California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning. And whensoever Congress Addition may shall authorize the addition to the territory or State of Nevada of any portion of the territory on the easterly border of the foregoing defined limits, not exceeding in extent one degree of longitude, the same shall thereupon be embraced within and become a part of this state. And, furthermore provided, that all such territory lying west of and adjoining the boundary line herein prescribed, which the State of California may relinquish to the territory or State of Nevada, shall thereupon be embraced within and constitute a part of this state. ARTICLE XV. be added. MISCELLANEOUS PROVISIONS. ernment. 185. SECTION 1. The seat of government shall be at Carson Seat of govCity, but no appropriation for the erection or purchase of capitol buildings shall be made during the next three years. 186. SEC. 2. Members of the legislature, and all officers, executive, judicial, and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: office. "I, -, do solemnly swear (or affirm) that I will support, Oath of protect, and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoAnd I do further solemnly swear (or affirm) that I have ever. Who not eligible. Perpetuities. General election. Number of members of legislature restricted. County offices, where held. Publication of laws, etc. Salaries may or diminished. not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office. And further, that I will well and faithfully perform all the duties of the office of on which I am about to enter; (if an oath), so help me God; (if an affirmation), under the pains and penalties of perjury. , 187. SEC. 3. No person shall be eligible to any office who is not a qualified elector under this constitution. No person who, while a citizen of this state, has, since the adoption of this constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this state, or who has acted as second or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit, or trust, or enjoy the right of suffrage under this constitution. The legislature shall provide by law for giving force and effect to this section. 188. SEC. 4. No perpetuities shall be allowed except for eleemosynary purposes. 189. SEC. 5. The general election shall be held on the Tuesday next after the first Monday of November. 190. SEC. 6. The aggregate number of members of both branches of the legislature shall never exceed seventy-five. 191. SEC. 7. All county officers shall hold their offices at the county seat of their respective counties. 192. SEC. 8. The legislature shall provide for the speedy publication of all statute laws of a general nature, and such decisions of the supreme court as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the supreme court shall take effect and be operative until the opinion of the court in such case shall be filed with the clerk of said court. 193. SEC. 9. The legislature may at any time provide by be increased law for increasing or diminishing the salaries or compensation of any of the officers whose salary or compensation is fixed in this constitution; provided, no such change of salary or compensation shall apply to any officer during the term for which he may have been elected. Officers, how chosen. Tenure of office may be declared. 194. SEC. 10. All officers whose election or appointment is not otherwise provided for shall be chosen or appointed as may be prescribed by law. State ex rel. Rosenstock v. Swift, 11 Nev. 128; State ex rel. Perry v. Arrington et al, 18 Nev. 412. 193. SEC. 11. The tenure of any office not herein provided for may be declared by law, or, when not so declared, such office shall be held during the pleasure of the authority making the appointment; but the legislature shall not create any office, the tenure of which shall be longer than four years, except as herein otherwise provided in this constitution. 196. SEC. 12. The Governor, Secretary of State, State State offices, Treasurer, State Controller, and Clerk of the Supreme Court where held. shall keep their respective offices at the seat of government. 197. SEC. 13. The enumeration of the inhabitants of this Enumeration state shall be taken, under the direction of the legislature, if of inhabitants deemed necessary, in A. D. eighteen hundred and sixty-five, A. D. eighteen hundred and sixty-seven, A. D. eighteen hundred and seventy-five, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A. D. eighteen hundred and seventy, and every subsequent ten years, shall serve as the basis of representation in both houses of the legislature. voies io con 198. SEC. 14. A plurality of votes given at an election by Plurality of the people shall constitute a choice, where not otherwise pro-stitute choice vided by this constitution. ARTICLE XVI. AMENDMENTS. 199. SECTION 1. Any amendment or amendments to this Amendments, constitution may be proposed in the senate or assembly, and if how made. the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendments shall become a part of the constitution. 200. SEC. 2. If at any time the legislature, by a vote of Reviston of two-thirds of the members elected to each house, shall deter-constitution, mine that it is necessary to cause a revision of this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against a convention; and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a 5 Convention. convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature. In determining what is a majority of the electors voting at such election, reference shall be had to the Majority of highest number of votes cast at such election for the candidates for any office or on any question. electors. ARTICLE XVII. Rights, etc., to continue. Laws to remain in force. Fines, etc., to Recogni zances to SCHEDULE. 201. SECTION 1. That no inconvenience may arise by reason of a change from a territorial to a permanent state government, it is declared that 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, 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. 202. SEC. 2. All laws of the territory of Nevada, in force at the time of the admission of this state, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the legislature. 203. 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. 204. SEC. 4. All recognizances heretofore taken, or which remain valid, may be taken before the change from a territorial to a 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 expressed, and may be sued on and recovery had accordingly; and all property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, claims, and debts of whatsoever description, and all records and public archives of the territory of Nevada, shall issue to and Bonds may be 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 of territory arisen, or which may arise before the change from a territorial to a state government, and which shall then be pending, 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 govern sued on. Property, to vest in state. |