Wednesday,] JOHNSON-NOURSE-MCCLINTON-COLLINS. [July 27. Mr. JOHNSON. I shall certainly object to proportion to the ascertained numbers of the persons incorporating those words. TAXATION. 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 Article X, entitled Taxation, was read on its from any of the above-mentioned sources, in United final revision, as follows: ARTICLE X. TAXATION. SECTION. 1. The Legislature shall provide by law for a uniform and equal rate of assessmeut 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. 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 portion of said interest as may be necessary, may be appropriated for the support of the State University. SEC. 4. The Legislature shall provide for the establishment 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. Mr. McCLINTON. The section last read sounds rather strangely to me. The University is to have departments for Agriculture, Meamend by striking out all after the word "pos-work at mining in the University? That wordchanic Arts, and Mining. Are they going to sessory.' [Laughter.] Mr. NOURSE. I ask unanimous consent to Several members objected. ing, it appears to me, is incorrect. The PRESIDENT pro tem. Objections being that language was incorporated in the article. Mr. COLLINS. I will state the reasons why heard, the amendment cannot be entertained. EDUCATION. The law of Congress of 1862 gives to each State thirty thousand acres of land for each member of Congress, for the purpose of a col Article XI, entitled Education, was taken up lege for the promotion of agriculture and the on final revision. The SECRETARY read Sections 1 to 4, inclusive, as follows: SECTION 1. The Legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvement, 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, 1865, and until the election and the qualification of his successor, and whose duties shall be prescribed by law. 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 instruction 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. mechanic arts Mr. McCLINTON. I have no fault to find with anything but the phraseology. Mr. COLLINS. For the sake of avoiding tautology The PRESIDENT pro tem. (interrupting.) There is no question before the Convention. Mr. COLLINS. I thought the gentleman from Esmeralda (Mr. McClinton) had raised a question. Sections 5 to 9, inclusive, were read, (being the rest of the article,) as follows: SEC. 5. The Legislature shall have power to establish 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 XVI of this Constitution. No professor or teacher who fails to SEC. 3. All lands, including the sixteenth and thirty- comply with the provisions of any law framed in acsixth sections in every township, donated for the ben-cordance with the provisions of this section, shall be efit of public schools, in the Act of the thirty-eighth entitled to receive any portion of the public moneys Congress, to enable the people of Nevada Territory set apart for school purposes. to form a State Government; the thirty thousand | SEC. 6. The Legislature shall provide a special tax acres of public lands granted by an Act of Congress, of one-half of one mill on the dollar of all taxable and approved July 2d, 1862, for each Senator and Repre- property in the State, in addition to the other meaus sentative in Congress; and all proceeds of lands that provided for the support and maintenance of said Unihave been or may hereafter be granted or appropriated versity and common schools; provided, that at the end by the United States to this State; and also the five of ten years they may reduce said tax to one quarter hundred thousand (500,000) acres of land granted to the of one mill on each dollar of taxable property. new States under the Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1811; provided, that Congress make provisions for, or authorizes such diversion to be made, for the purposes 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 SEC. 7. The Governor, Secretary of State, and the 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. SEC. 8. The Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department, in such manner as to make it most effective and useful; Provided, that all the pro ceeds of the public lands donated by Act of Congress, of longitude west from Washington; thence due south approved July 2d, 1862, for a college for the bene-down said thirty-eighth degree of west longitude to fit of agriculture, the mechanic arts, and including the place of beginning. And whensoever Congress military tactics, shall be invested by the said Board shall authorize the addition to the Territory or State of Regents in a separate fund to be appropriated exclu- of Nevada of any portion of the territory on the eastsively for the benefit of the first-named departments to erly border of the foregoing defined limits, not exceedthe University, as set forth in Section 4, above. And ing in extent one degree of longitude, the same shall the Legislature shall provide that, if through neglect thereupon be embraced within and become a part of or any other contingency, any portion of the fund so this State; And furthermore provided, that all such set apart shall be lost or misappropriated, the State territory lying west of and adjoining the boundary of Nevada shall replace said amount so lost or mis- line herein prescribed, which the State of California appropriated in said fund, so that the principal of said may relinquish to the Territory or State of Nevada, fund shall remain forever undiminished. shall thereupon be embraced within and constitute a part of this State. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this Constitution. No amendment was offered. MILITIA. Article XII, entitled Militia, was read on final revision, as follows: ARTICLE XII. MILITIA. 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. 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. No amendment was offered. PUBLIC INSTITUTIONS. Article XIII, entitled Public Institutions, was read on final revision, as follows: ARTICLE XIII. PUBLIC INSTITUTIONS. SECTION 1. Institutions for the benefit of the insane, 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. SKC. 2. A State Prison shall be established and mainsained 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. SEC. 3. The respective counties of the State shall provide as may be prescribed by law for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society. No amendment was offered. BOUNDARY. Mr. PROCTOR. I named the city myself; "Carson City" is what we used to call it. Sections 2 to 11, inclusive, were read, as follows: 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: “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, 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 Article XIV, entitled Boundary, was read, to enter; (if an oath) so help me God; (if an affirmaon final revision, as follows: ARTICLE XIV. BOUNDARY. SECTION 1. The boundary of the State of Nevada shall be as follows: Commencing at a point formed by the intersection 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 castern boundary line of the State of California; thence in a northwesterly direction along the said eastern boundary line of the State of California to the forty-third degree of longitude west from Washington; thence north along said forty-third 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 fortysecond degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree tion) under the pains and penalties of perjury. SEC. 4. No perpetuities shall be allowed, except for eleemosynary purposes. SEC. 5. The general election shall be held on the Tuesday next after the first Monday of November. SEC. 6. The aggregate number of members of both branches of the Legislature shall never exceed seventyfive. DELONG JOHNSON-COLLINS-BANKS-MCCLINTON-KINKEAD, ETC. Wednesday,] [July 27. SEC. 7. All county officers shall hold their offices at | 13 by striking out the words "the year," and the county seats of their respective counties. 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. SEC. 9. The Legislature may at any time provide by law for increasing or diminishing the salaries or compensation of any of the officers whose salaries or compensation are 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. SEC. 10. All officers whose election or appointment is not otherwise 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 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. inserting "A. D." instead; the same amendment is necessary in two places. I desire to explain my reason for making the motion, as it was ruled out in considering another section. It is suggested to leave in "the year," and simply insert "A. D." But suppose we leave it to read as it would then: "In the year A. D. 1865." Then if you translate literally the A. D., or anno domini, it will be "in the year, in the year of our Lord. 1865." Mr. KINKEAD. Suppose we strike out "the year," and do not put in "A. D." Mr. MCCLINTON. Then what year will it refer to? The year of the world? I think, tlemen seem to suppose. sir, this is really of more importance than gen The PRESIDENT pro tem. I think there is something wanting, unless we put in "A. D." Mr. BROSNAN. Those initials are usually employed, signifying "in the year of our Lord." Mr. CHAPIN. I hope the motion of the gentleman from Esmeralda, to strike out "in the year," and insert "A. D." will prevail, and that it will be done in all cases, throughout the instrument. The PRESIDENT pro tem. Will not the provision last read conflict with another clause in the Constitution which permits the Legislature to increase the number of Supreme Court and District Judges, the terms of whose offices are longer than four years? We have provided in another portion of the instrument that the Legislature may increase the number of Judicial Districts and District Judges, and also that The Secretary was also instructed, by unanithey may provide for the election of two addi-mous consent, to insert "A. D." in all cases tional Associate Justices of the Supreme Court. where a year is mentioned as a date in the Mr. JOHNSON. I suggest that we add the Constitution. words. "except as otherwise provided in this Constitution." Mr. COLLINS. I will offer that amendment. The amendment was agreed to by unanimous consent. AMENDMENTS. Article XVI, entitled Amendments, was taken I move to add to Section 11 the words, "ex-up for final revision. cept as herein otherwise provided in this Con- The SECRETARY read Section 1, as fol stitution." Sections 12. 13, and 14 were read, as follows: 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 the year eighteen hundred and sixty-five, eighteen hundred and sixty-seven, 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 the year 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. Mr. McCLINTON. I move to amend Section lows: 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 journals, with the ayes and noes 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. Wednesday,] NOURSE DELONG-HAWLEY-KINKEAD-CHAPIN. [July 27. fit, to amend, or add to any of the amendments the State; and all bonds executed to the Governor of adopted by the previous Legislature. the Territory, or to any other officer or court in his or The their official capacity, or to the people of the United query was, whether such an amendment, if rati-States in the Territory of Nevada, shall pass to the fied by the people, would be an amendment of the Constitution. I think the matter went to the Supreme Court. Mr. NOURSE. How was it decided by the Supreme Court? The PRESIDENT pro tem. I cannot recol lect at this moment. The amendment suggested by Mr. Proctor, to insert the word "respective," was agreed to by unanimous consent. The PRESIDENT pro tem. I suggest that the words "yeas and nays," be substituted for "ayes and noes," so as to conform to our vious action. The amendment was agreed to by unanimous consent. Section 2 was read, as follows: 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 vada, shall issue to and 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 arisen, or which may arise before the change from all records and public archives of the Territory of Ne a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgment and pre-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 with like effect as though such change had not taken place, and all penalties incurred shall remain the same as if this Constitution had not been adopted. All actions at law and suits in equity, and 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, 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 Govde-ernment, shall be continued and transferred to, and may be prosecuted to judgment and execution in any court of the State which shall have jurisdiction of the subject matter thereof; and all books, papers, and records, relating to the same, shall be transferred in 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 vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election 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. In termining 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. Mr. HAWLEY. The Enrolling Committee recommend the insertion of the word shall," between the words "election" and "have," in the fifth line of Section 2, as enrolled. It is an accidental omission. like manner to such court. Mr. KINKEAD. I move to strike out the word "permanent," where it occurs in the first sentence of Section 4-the second line of the section as enrolled-before the words "State The amendment was agreed to by unanimous Government." consent. SCHEDULE. Article XVII, entitled Schedule, was taken up for final revision. The SECRETARY read Sections 1 to 4, inclusive, as follows: 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. 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. 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. SEC. 4. All recognizances heretofore taken, or which may be taken before the change from a Territorial to a permanent State Government, shall remain valid, and shall pass to, and may be prosecuted in the name of The amendment was agreed to by unanimous consent. article entitled Salaries,] was read, as follows: Section 5, [heretofore transferred from the 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 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 returning 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. Mr. CHAPIN. I desire to propose an amend Wednesday,] PROCTOR-MURDOCK-KINKEAD-BANKS-TAGLIABUE-BROSNAN. [July 27. Mr. BANKS. The word “ ,, near occurs in two places in Section 9-" as near as may be." I move to add the syllable" ly," so as to read, as nearly as may be." The amendment was agreed to by unanimous consent. ment to this section. Another section has been thereof shall be divided, as near as may be, between prepared, establishing the salaries of the Dis- the long and short terms. trict Judges, and it is nearly ready to present to the Convention; but in that section, nobody proposes to place the salary of the District Judges in the County of Storey at more than six thousand dollars per annum. Yet the District Judges in that county will be continuously engaged, and will have infinitely more labor to perform than any of the Supreme Court Judges will. Therefore I move to strike out "seven," and insert" six," in the clause relative to the salary of Supreme Court Judges, so that it will read: The salary of each Judge of the Supreme Court shall be six thousand dollars per annum." Mr. PROCTOR. I object. The PRESIDENT pro tem. Objection being made, the amendment cannot be entertained. Section 6 was read, as follows: SEC. 6. Until otherwise provided by the Legislature, the apportionment of Senators and Assemblymen in the different counties shall be as follows, 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; Washoe and Roop Counties, two Senators and three Assemblymen; Ormsby County, two Senators and three Assemblymen. Mr. MURDOCK. I understand from the reading that Lyon County has one Senator and three Assemblymen, and Lyon and Churchill one Senator jointly. The PRESIDENT pro tem. That is correct; and then Churchill County has one Assembly man. Mr. KINKEAD. I move to amend Section 6 by striking out "the Legislature," in the first line, and inserting instead the word "law,' so as to read: "until otherwise provided by law." The amendment was agreed to by unanimous consent. Sections 7, 8, and 9 were read, as follows: 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 debt shall not prevent the State from contracting the additional indebtedness, as prescribed in Section 3 of Article IX, 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. 1867, and until the election and quali fication of their successors. Section 10 was read, as follows: SEC. 10. At the general election in A. D. 1866, and thereafter, the term of Senators shall be for four years from the day succeeding such general election, and members of Assembly for two years from the day suo ceeding 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. .. Mr. BANKS. I suppose the phrase "by law." should be inserted here, in place of by the Legislature." I would prefer that some other gentleman would move the amendment, as I do not wish to appear so much in the line of these corrections. I will move, however, to strike out "the Legislature,” and insert “law,” so as to read: "and the terms of Senators shall be allotted by law." Mr. TAGLIABUE. I object. That is a matter for the Legislature, altogether. Mr. BANKS. Permit me to make an inquiry of the gentleman. Will not this have to be done by a law? Can the Legislature do it by a resolution? I have not been anxious to secure the incorporation of this phrase “ by has been done in other cases, it seems to me law" in other provisions, but inasmuch as it that uniformity is desirable in that respect. Mr. BROSNAN. Why is it necessary to enact a law for this purpose? Mr. BANKS. I withdraw the amendment; it can be done by a resolution, I suppose. Sections 11, 12, and 13 were read, as follows: SEC. 11. The term of members of the Assembly elected at the first election under this Constitution, shall expire on the day succeeding the general election in A. D. 1865, and the terms of those elected at the general election in A. D. 1865, shall expire on the day succeeding the general election in A. D. 1866. SEC. 12. The first regular session of the Legislature shall commence on the second Monday of December, A. D. 1864, and the second regular session of the same shall commence on the first Monday of January, A. D. 1866, 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. 1867, and the regular sessions of the Legislature shall be held thereafter biennially, commencing on the first Monday of January. SEC. 13. All county officers, under the laws of the Territory of Nevada at the time when this Constitution shall take effect, whose offices are not inconsistent with the provisions of this Constitution, shall continue in office until the first Monday of January, A. D. 1867, and until their successors shall be elected and qualified; SEC. 9. The Senators to be elected at the first elec- and all township officers shall continue in office until tion under this Constitution shall draw lots, so that the the expiration of their terms of office, and until their term of one-half of the number, as near as may be, shall successors are elected and qualified. Provided, that expire on the day succeeding the general election in A. the Probate Judges of the several counties respectiveD. 1866, and the term of the other half shall expire on ly, shall continue in office until the election and quali the day succeeding the general election in A. D. 1868;fication of the District Judges of the several counties 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 or judicial districts. And further provided, that the term of office of the present county officers of Lander County shall expire on the first Monday of January, |