office.

SEC. 2. Members of the Legislature, and all officers, executive, ju- Oath of dicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: "I, do solemnly swear (or affirm) that I will support, 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 whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, or 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."

office.

SEC. 3. No person shall be eligible to any office who is not a quali- who not fied elector under this Constitution. No person who, while a citizen eligible to 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.

SEC. 4. No perpetuities shall be allowed except for eleemosynary Perpetupurposes.

ities.

SEC. 5. The general election shall be held on the Tuesday next General after the first Monday of November.

election.

SEC. 6. The aggregate number of members of both branches of Number of the Legislature shall never exceed seventy-five.

members restricted.

SEC. 7. All county officers shall hold their offices at the county seat Offices, of their respective counties.

where held.

of laws, etc.

SEC. 8. The Legislature shall provide for the speedy publication 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.

creased or

SEC. 9. The Legislature may, at any time, provide by law for Salaries increasing or diminishing the salaries or compensation of any of the may be in officers whose salary or compensation is fixed in this Constitution; diminished. provided, no such change of salary or compensation shall apply to any officer during the term for which he may have been elected.

how chosen

SEC. 10. All officers, whose election or appointment is not other- Officers, wise provided for, shall be chosen or appointed as may be prescribed by law.

SEC. 11. The tenure of any office, not herein provided for, may

be

Tenure of office may

declared by law; or, when not so declared, such office shall be held be declared. 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.

State offices, where held.

Enumeration of inhabitants

to be taken.

Plurality of

votes to constitute choice.

SEC. 12. The Governor, Secretary of State, State Treasurer, State Controller, and Clerk of the Supreme Court, shall keep their respective offices at the seat of government.

SEC. 13. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature, if 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.

SEC. 14. A plurality of votes given at an election by the people shall constitute a choice, where not otherwise provided by this Constitution.

ARTICLE XVI.

Amend

ment, how made.

Revision of Constitution.

AMENDMENTS.

SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if 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.

SEC. 2. If, at any time, the Legislature by a vote of two-thirds of the members elected to each House, shall determine 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 Convention 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 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. Majority of In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question.

electors.

ARTICLE XVII.

SCHEDULE.

SECTION 1. That no inconvenience may arise by reason of a Rights, etc., change from a Territorial to a permanent State government, it is de- to continue. clared 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.

force.

SEC. 2. All laws of the Territory of Nevada, in force at the time Laws to of the admission of this State, not repugnant to this Constitution, shall remain in remain in force until they expire by their own limitations, or be altered or repealed by the Legislature. SEC. 3. All fines, penalties and forfeitures accruing to the Territory Fines, etc., of Nevada, or to the people of the United States in the Territory of to inure to Nevada, shall inure to the State of Nevada.

the State.

zances to re

etc., of Ter

tions.

SEC. 4. All recognizances heretofore taken, or which may be taken Recognibefore the change from a Territorial to a State government, shall re- main valid. main 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, Bonds may or to any other officer or court in his or their official capacity, or to the be sued on. 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 Property, mixed, and all judgments, bonds, specialties, choses in action, claims records, and debts, of whatsoever description, and all records and public ar- ritory to chives of the Territory of Nevada, shall issue to and vest in the State vestinState. 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 Criminal penal actions which may have arisen, or which may arise before the prosecu 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 government, and which shall not be prosecuted before 'such change, may be prosecuted in the name and by the authority of the State of Nevada, Offenses with like effect as though such change had not taken place, and all committed against laws penalties incurred shall remain the same as if this Constitution had not of Territory. been adopted. All actions at law, and suits in equity, and other legal Actions, proceedings which may be pending in any of the courts of the Terri- etc., to be tory of Nevada at the time of the change from a Territorial to a State government, may be continued and transferred to, and determined by any court of the State which shall have jurisdiction of the subject matter thereof. All actions at law, and suits in equity, and all other legal proceedings which may be pending in any of the courts of the Territory of Nevada at the time of the change from a Territorial to a State government, shall be continued and transferred to, and may be prosecuted to judg

continued.

Salaries of officers.

ment and execution in any court of the State which shail have jurisdiction of the subject matter thereof; and all books, papers and records relating to the same shall be transferred in like manner to such court.

SEC. 5. For the first term of office succeeding the formation of a State government, the salary of the Governor shall be four thousand dollars per annum; the salary of the Secretary of State shall be three thousand six hundred dollars per annum; the salary of the State Controller shall be three thousand six hundred dollars per annum; the salary of the State Treasurer shall be three thousand six hundred dollars per annum; the salary of the Surveyor-General shall be one thousand dollars per annum; the salary of the Attorney-General shall be two thousand five hundred dollars per annum; the salary of the Superintendent of Public Instruction shall be two thousand dollars per annum; the salary of each Judge of the Supreme Court shall be seven thousand dollars per annum: the salaries of the foregoing officers shall Pay of Sen- be paid quarterly out of the State treasury. The pay of State Senators and Members of Assembly shall be eight dollars per day for each day of actual service, and forty cents per mile for mileage going to and reOfficers not turning from the place of meeting. No officer mentioned in this section shall receive any fee or perquisites, to his own use, for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law.

ators and

Assembly

men.

to receive perquisites.

Apportionment of Senators

blymen.

SEC. 6. Until otherwise provided by law, the apportionment of Senators and Assemblymen in the different counties shall be as follows, and Assem- to wit: Storey County, four Senators and twelve Assemblymen; Douglas County, one Senator and two Assemblymen; Esmeralda County, two Senators and four Assemblymen; Humboldt County, two Senators and three Assemblymen; Lander County, two Senators and four Assemblymen; Lyon County, one Senator and three Assemblymen; Lyon and Churchill Counties, one Senator, jointly; Churchill County, one Assemblyman; Nye County, one Senator and one Assemblyman; Ormsby County, two Senators and three Assemblymen; Washoe and Roop Counties, two Senators and three Assemblymen.

Territorial indebted

ness assumed.

Term of State officers.

Term of
Senators.

SEC. 7. All debts and liabilities of the Territory of Nevada, 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 the State of Nevada; provided, that the assumption of such indebtedness shall not prevent the State from contracting the additional indebtedness, as provided in section three of article nine of this Constitution.

SEC. 8. The term of State officers, except judicial, elected at the first election under this Constitution, shall continue until the Tuesday after the first Monday of January, A.D. eighteen hundred and sixtyseven, and until the election and qualification of their successors.

SEC. 9. The Senators to be elected at the first election under this Constitution shall draw lots, so that the term of one-half of the number, as nearly as may be, shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-six, and the term of the other half shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-eight; provided, that in drawing lots for all Senatorial terms, the Senatorial representation shall be allotted so that in the counties having two or more Senators, the terms thereof shall be divided, as nearly as may be, between the long and short

terms.

SEC. 10. At the general election in A.D. eighteen hundred and

Senators

sixty-six, and thereafter, the term of Senators shall be for four years Term of from the day succeeding such general election, and members of Assem- fixed. bly for two years from the day succeeding such general election; and the terms of Senators shall be allotted by the Legislature in long and short terms, as hereinbefore provided, so that one-half the number, as nearly as may be, shall be elected every two years.

semblymen.

SEC. 11. The term of the members of the Assembly elected at the Term of Asfirst general election under this Constitution, shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-five; and the terms of those elected at the general election in A.D. eighteen hundred and sixty-five shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-six.

SEC. 12. The first regular session of the Legislature shall com- Sessions of mence on the second Monday of December, A.D. eighteen hundred and Legislature. sixty-four; and the second regular session of the same shall commence on the first Monday of January, A.D. eighteen hundred and sixty-six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January, A.D. eighteen hundred and sixty-seven; and the regular sessions of the Legislature shall be held thereafter biennially, commencing on the first Monday of January.

ued in office.

officers.

SEC. 13. All county officers, under the laws of the Territory of County offiNevada, at the time when the Constitution shall take effect, whose cers continoffices are not inconsistent with the provisions of this Constitution, shall continue in office until the first Monday of January, A.D. eighteen hundred and sixty-seven, and until their successors are elected and qualified; and all township officers shall continue in office until the ex- Township piration of their terms of office, and until their successors are elected and qualified; provided, that the Probate Judges of the several coun- Proviso. ties, respectively, shall continue in office until the election and qualification of the District Judges of the several counties or judicial districts; and, provided further, that the terms of office of the present county officers of Lander County shall expire on the first Monday of County January, A.D. eighteen hundred and sixty-five, except the Probate officers of Judge of said county, whose term of office shall expire upon the first County. Monday of December, A.D. eighteen hundred and sixty-four; and there shall be an election for county officers of Lander County at the general election in November, A.D. eighteen hundred and sixty-four; and the officers then elected shall hold office from the first Monday of January, A.D. eighteen hundred and sixty-five, until the first Monday of January, A.D. eighteen hundred and sixty-seven, and until their successors are elected and qualified.

Lander

tinued in

time for

officers.

SEC. 14. The Governor, Secretary, Treasurer, and Superintendent Territorial of Public Instruction of the Territory of Nevada shall each continue officers conto discharge the duties of their respective offices after the admission of office until this State into the Union, and until the time designated for the qualifi- qualificacation of the above-named officers to be elected under the State Gov- tion of State ernment; and the Territorial Auditor shall continue to discharge the duties of his said office until the time appointed for the qualification of the State Controller; provided, that the said officers shall each receive the salaries and be subject to the restrictions and conditions 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. 15. The terms of the Supreme Court shall, until provision be