CONSTITUTION OF NEVADA-1864.*

PRELIMINARY ACTION.

1. Whereas, The Act of Congress approved March twenty-first, A. D. eighteen hundred and sixty-four, "To enable the people of the Territory of Nevada to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states." requires that the members of the convention for framing said constitution shall, after organization, on behalf of the people of said territory, adopt the constitution of the United States; therefore be it

2. Resolved. That the members of this convention, elected by the authority of the aforesaid enabling act of Congress, as assembled in Carson City, the capital of said Territory of Nevada, and immediately subsequent to its organization, do adopt, on behalf of the people of said territory, the constitution of the United States.

ORDINANCE.

3. In obedience to the requirements of an act of the Congress of the United States, approved March twenty-first, A. D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention. elected and convened in obedience to said enabling act, de ordain as follows, and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada:

First-That there shall be in this state neither slavery nor involuntary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted.

Second-That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property, on account of his or her mode of religious worship.

Third-That the people inhabiting said territory do agree, and declare, is that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citi- | zens of the United States, residing without the said state, shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States.

PREAMBLE.

4. We, the people of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect government, do establish this

CONSTITUTION.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are, by nature, free and equal, and have certain in alienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtain ing safety and happiness.

SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; and they have the

The constitution of Nevada was drafted by a convention which assembled at Carson City on July 4, and adjourned on July 28, 1864. It was ratified by a vote of 10,375 to 1,284, lacking one county. The constitution was submitted as a whole and no proposition was submitted separately, and it became effective on October 31, 1864.

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or reform the same whenever the public good may require it. mount allegiance of every citizen is due to the federal governexercise of all its constitutional powers, as the same have been, efined by the supreme court of the United States, and no power people of this or any other state of the federal union to dissolve ion therewith, or perform any act tending to impair, subvert, or reme authority of the government of the United States. The conhe United States confers full power on the federal government to perpetuate its existence, and whensoever any portion of the states, reof, attempt to secede from the federal union, or forcibly resist of its laws, the federal government may, by warrant of the conloy armed force in compelling obedience to its authority. The right of trial by jury shall be secured to all, and remain inr: but a jury trial may be waived by the parties in all civil manner to be prescribed by law; and in civil cases, if three-fourths agree upon a verdict, it shall stand and have the same force and rdict by the whole jury; provided, the legislature, by a law passed ds vote of all the members elected to each branch thereof, may nimous verdict, notwithstanding this provision.

The free exercise and enjoyment of religious profession and wordiscrimination or preference, shall forever be allowed in this person shall be rendered incompetent to be a witness on account s on matters of his religious belief; but the liberty of conscience d shall not be so construed as to excuse acts of licentiousness, ctices inconsistent with the peace or safety of this state. The privilege of the writ of habeas corpus shall not be suspended, in case of rebellion or invasion, the public safety may require its

Excessive bail shall not be required, nor excessive fines imposed; el or unusual punishments be inflicted; nor shall witnesses be detained.

All persons shall be bailable by sufficient sureties, unless for capwhen the proof is evident or the presumption great.

No person shall be tried for a capital or other infamous crime ses of impeachment, and in cases of the militia when in actual he land and naval forces in time of war, or which this state may consent of Congress, in time of peace, and in cases of petit larhe regulation of the legislature) except on presentment or indictrand jury, or upon information duly filed by a district attorney, neral of the state, and in any trial, in any court whatever, the shall be allowed to appear and defend in person, and with counactions. No person shall be subject to be twice put in jeopardy offense; nor shall he be compelled, in any criminal case, to be a st himself, nor be deprived of life, liberty, or property, without law; nor shall private property be taken for public use without tion having been first made, or secured, except in cases of war. reat public peril, in which case compensation shall be afterward

Every citizen may freely speak, write and publish his sentiments

. being responsible for the abuse of that right; and no law shall restrain or abridge the liberty of speech or of the press. In all ecutions and civil actions for libels the truth may be given in e jury, and if it shall appear to the jury that the matter charged true, and was published with good motives, and for justifiable y shall be acquitted or exonerated.

The people shall have the right freely to assemble together to e common good, to instruct their representatives, and to petition for redress of grievances.

nt proposed and adopted by the legislature of 1909, re-adopted by the 911 and ratified at the election of November 5, 1912.

SEC. 11. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

SEC. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law.

SEC. 13. Representation shall be apportioned according to population, SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia tine in time of peace.

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SEC. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

SEC. 16. Foreigners who are, or may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoy-la ment and inheritance of property as native-born citizens.

SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shal! ever be tolerated in this state.

SEC. 18. The right of the people to be secure in their persons, houses, 51 papers, and effects against unreasonable seizures and searches, shall not be ca violated; and no warrant shall issue but on probable cause, supported by cath or affirmation particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.

SEC. 19. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid or comfort. And no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people.

ARTICLE II.

RIGHT OF SUFFRAGE.

SECTION 1. All citizens of the United States (not laboring under the dis abilities named in this constitution) of the age of twenty-one years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any elee tion, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no idiot or insane person shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex.2

SEC. 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of tæ waters of the United States or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, a public expense; nor while confined in any public prison.

SEC. 3. The right of suffrage shall be enjoyed by all persons, otherwis

2 Section 1 has been amended twice; the first amendment was proposed and adopte by the legislature of 1877, re-adopted by the legislature of 1879, and ratified by the electors on November 2, 1880. The present amendment was proposed and adopted 5: the legislature of 1911, re-adopted by the legislature of 1913, and ratified at the election of November 3, 1914. The amendment of 1880 struck out the word "white" where ! occurred before the word "male"; the amendment of 1914 extended the right of suffrage

to women.

he same, who may be in the military or naval service of the s; provided, the votes so cast shall be made to apply to the county of which said voters were bona fide residents at the time of ent; and provided further, that the payment of a poll tax or a of such voters shall not be required as a condition to the right of ision shall be made by law regulating the manner of voting, holdand making returns of such elections, wherein other provisions ined in this constitution.

During the day on which any general election shall be held in this lified elector shall be arrested by virtue of any civil process. All elections by the people shall be by ballot, and all elections by e, or by either branch thereof, shall be "viva voce." Provision shall be made by law for the registration of the names s within the counties of which they may be residents, and for the , by proper proofs, of the persons who shall be entitled to the rage, as hereby established, to preserve the purity of elections, te the manner of holding and making returns of the same; and e shall have power to prescribe by law any other or further rules may be deemed necessary as a test of electoral qualifications. The legislature shall provide by law for the payment of an annual ot less than two nor exceeding four dollars; from each male person he state between the ages of twenty-one and sixty years (uncivilIndians excepted), to be expended for the maintenance and bete public roads,3

All persons qualified by law to vote for representatives to the bly of the Territory of Nevada, on the twenty-first day of March, n hundred and sixty-four, and all other persons who may be in said territory on the first Wednesday of September next folbe entitled to vote directly upon the question of adopting or reonstitution.

Every public officer in the State of Nevada is subject, as herein recall from office by the qualified electors of the state, or of the t, or municipality, from which he was elected. For this purpose twenty-five per cent (25%) of the qualified electors who vote in n the county, district, or municipality electing said officer, at the tion, for justice of the supreme court, shall file their petition r herein provided, demanding his recall by the people; they shall said petition, in not exceeding two hundred (200) words, the said recall is demanded. If he shall offer his resignation it shall nd take effect on the day it is offered, and the vacancy thereby be filled in the manner provided by law. If he shall not resign 5) days after the petition is filed, a special election shall be held within twenty (20) days after the issuance of the call he state or county, district, or municipality electing said officer, whether the people will recall said officer. On the ballot at said be printed verbatim as set forth in the recall petition, the reasons

the recall of said officer, and in not more than two hundred the officer's justification of his course in office. He shall continue e duties of his office until the result of said election shall be d. Other candidates for the office may be nominated to be voted ecial election. The candidate who shall receive the highest numit said special election shall be deemed elected for the remainder whether it be the person against whom the recall petition was her. The recall petition shall be filed with the officer with whom for nomination to such office shall be filed, and the same officer he special election when it is required. No such petition shall or filed against any officer until he has actually held his office hs, save and except that it may be filed against a senator or

ent proposed and adopted by the legislature of 1907, re-adopted by the 909, and ratified at the election of November 8, 1910.

assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law.4

ARTICLE III.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of the State of Nevada shall be divided into three separate departments the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly be longing to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative authority of this state shall be vested in the senate and assembly, which shall be designated "The Legislature of the State of Nevada," and the sessions of such legislature shall be held at the seat o government of the state.

SEC. 2. The sessions of the legislature shall be biennial, and shall co mence on the third Monday of January next ensuing the election of members of the assembly, unless the governor of the state shall, in the interim, convene the legislature by proclamation.5

SEC. 3. The members of the assembly shall be chosen biennially by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, and their term of office shall be two years from the day next after their election.

SEC. 4. Senators shall be chosen at the same time and places as members of the assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after the election.

SEC. 5. Senators and members of the assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of senators shall not be less than one-third nor more than one-half of that of the members of the assembly.

SEC. 6. Each house shall judge of the qualifications, elections, and returns of its own members, choose its own officers (except the president of the senate), determine the rule of its proceedings, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all the mer bers elected, expel a member.

SEC. 7. Either house, during the session, may punish, by imprisonmer". any person, not a member, who shall have been guilty of disrespect to the house by disorderly or contemptuous behavior in its presence; but such in prisonment shall not extend beyond the final adjournment of the session.

SEC. 8. No senator or member of the assembly shall, during the term fol which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under this state which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by election by the people.

SEC. 9. No person holding any lucrative office under the government the United States, or any other power, shall be eligible to any civil office i

Section 9 is a new section; it was proposed and adopted by the legislature a 1909, re-adopted by the legislature of 1911, and ratified on November 5, 1912.

T:

Amendment proposed and adopted by the legislature of 1885, re-adopted by th legislature of 1887, and ratified at a special election held on February 11, 1889. amendment changed the time of meeting of the legislature from the "first" "third" Monday of January.

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