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[July 26.

Sec. 13. The Governor, Secretary, Treasurer, and

OFFICIAL BONDS. Superintendent of Public Instruction of the Territory of Nevada, shall each continue to discharge the duties

Mr. CHAPIN. • To be approved by the of their respective offices after the admission of this Governor of this Territory," is the way Section State into the Union, and until the time designated for 17 reads in the enrolled copy. I will move to the qualification of the above named officers to be elected under the State Government; and the Terri- so amend it, however, as to read “ to be aptorial Auditor shall continue to discharge the duties of proved by the Governor of the Territory of his said office until the time appointed for the qualifi. Nevada." cation of the State Controller ; provided, that said

The PRESIDENT. I call the attention of officers shall each receive the salaries and be subject to the restrictions and conditions as provided in this con- the Convention, also, to the fact that the lanstitution; and provided jurther, that none of them guage requiring the Controller and Treasurer shall receive to his own use any fees or perquisites for to give bonds, is liable to the construction, and the performance of any duty connected with his office. probably that construction would be given it, til provision be made by law, be held at such times that it is too general. It does not provide tbat as the judges of said court, or a majority of them, they shall each give bonds, respectively. I may appoint. The first terms of the several District suggest that the words “ each respectively” Courts, (except as hereinafter mentioned,) shall com: should be inserted in that sentence. mence on the first Monday of December, 1864. first term of the District Court in the Fifth Judicial Mr. BROSNAN. To come in after the word District, shall commence on the first Monday of De-“shall;" it would be a very proper amendcember, 1864, in the County of Nye, and shall com

ment. mence on the first Monday of January, 1865, in the County of Churchill. The terms of the Fourth Judi

Mr. CHAPIN. I will move that amendment, cial District shall, until otherwise provided by law, be tben, so that it will read," and also the State held at the county seat of Washoe County, and the first Controller and State Treasurer sball each reterm thereof be held on the first Monday of December, 1864.

spectively, before they qualify and enter upon

the discharge of their duties,” etc. Mr. DUNNE. It is scarcely necessary, per- Mr. DUNNE. How would it do to say haps, to make a formal motion, but as we have

* severally ?” used the letters “A. D.” before the year through- Mr. CHAPIN. I do not like that so well. out the entire instrument, I think we had bet- Mr. BROSNAN. Then you will want to ter insert them in this section, for the sake of strike out the word "each," where it occurs in uniformity, if nothing else.

the last clause, before the words “to be apMr. CHAPIN. There are four places in the proved.” section where a year is mentioned without Mr. CHAPIN. I will include that also. I those initials.

move to amend the last clause of the section, Mr. DUNNE. I move that the Secretary in- so that it will read as follows: sert the letters in every case where a year is " And also the State Controller and State Treasnrer mentioned.

shall each respectively, before they qualify and enter The PRESIDENT. If there is no objection, upon the discharge of their duties, execute and deliver the Secretary will make that amendment in to the Secretary of the Territory of Nevada an official

bond, made payable to the people of the State of Neeach case.

vada, in the sum of thirty thousand dollars, to be apSections 15, 16, and 17, were read, as follows: proved by the Governor of the Terriwry of Nevada,

and shall also execute and deliver to the Secretary of SEC. 15. The Governor, Lieutenant-Governor, Secre- State such other or further bond or bonds as may be tary of State, State Treasurer, State Controller, Attor required by law." ney-General, Surveyor-General, Clerk of the Supreme Court, and Superintendent of Public Instruction, to be

Mr. KINKEAD. It appears to me that the elected at the first election under this Constitution, provision, that it shall be made payable to the shall each be qualified and enter upon the, duties of people of the State of Nevada, is hardly necestheir respective offices on the first Monday of December succeeding their election, and shall continue in sary. office until the first Tuesday after the first Monday of

The PRESIDENT. This applies only to the January, A. D. 1867, and until the election and qualifi- officers first elected. It is designed that the cation of their successors respectively.

b. nds of their successors, who will come into The Judges of the Supreme Court, and District Judges, provided to be elected at the first office after the State is fully organized, shall be election under this Constitution, shall be qualified and establ shed by law. enter upon the duties of their respective offices on the The question was taken on the amendment first Monday of December succeeding their election.

Sec. 17. All officers of State, and District Judges, proposed by Mr. CHAPIN, as modified, and it first elected under this Constitution, shall be commis' was agreed to. sioned by the Governor of this Territory, which com.

LANDER COUNTY OFFICERS-AGAIN. mission shall be countersigned by the Secretary of the same, and shall qualify before entering upon the dis- Mr. WARWICK. I have prepared a substicharge of their duties before any officer authorized to tute for the last proviso in Section 12, which I also the State Controller and State Treasurer shali, be will offer. I ask the Secretary to read it. fore they qualify and enter upon the discharge of their

The SECRETARY read, as follows: duties, execute and deliver to the Secretary of the Ter- Provided, that the election for all the county ofhritory an official bond, made payable to the people of cers and Probate Judge of Lander County shall take the State of Nevada, in the sum of thirty thousand place at the next general election, to be holden in the dollars each, to be approved by the Governor of the month of November, A. D. 1864, at which time their Territory; and shall also execute and deliver to the successors shall be elected; but the present incumbents Secretary of State such other or further official bond shall hold their offices till the first Monday of Decenor bonds as may be required by law.

ber, A. D. 1864."

SEC. 16.



[July 26,

The PRESIDENT. That will not do, with that " and " is necessary in that connection, out excepting the Probate Judge. The Pro- because the officers are elected perhaps a month bate Judges are continued in office until the or more before they are qualified. District Judges are elected ; but you do not Mr. TAGLIABUE My suggestion does not intend that a successor of the Probate Judge refer to the second “and.” in Lander County shall be elected.

Mr. WARWICK. I will offer the substitute Mr. WARWICK. I will modify that portion, which I have sent up. Will the Secretary read so as to read :

it again. " Provided, that the election for all the county offi

The SECRETARY again read Mr. Warwick's cers of Lander County, except Probate Judge, shall amendment, as modified. take place," etc.

The PRESIDENT. Then, in order to meet The PRESIDENT. Can you change the time the objection raised by the gentleman from of election as to a part of the officers, without Humboldt, (Mr. Dunne,) it will be necessary to changing it as to the whole?

add a further provision, that the terms of those Mr. WARWICK. Will the Secretary read elected in December, 1864, shall continue until the section again? It is very complicated. January, 1867.

Mr. GIBSON. You might say, “who shall Mr. WARWICK. Yes, sir. If the Convenhold their offices."

tion will allow me a moment, I will prepare it. The SECRETARY read Section 12, as en- Mr. COLLINS. I would inquire in regard grossed.

to Section 6 of this article, providing that the Mr. DUNNE. Is there not a general provis- State shall assuine the debis and liabilities of ion that all county officers, with the exception the Territory of Nevada. of the Probate Judges, shall hold until tne first The PRESIDENT. One moment. I will ask Monday in January, 1865 ?

the gentleman to forego his remarks on that The "PRESIDENT. Until the first Monday subject until we get this proviso corrected, in January, 1867, except in Lander County. whilst it is fresh in the minds of members.

Mr. WARWICK. That is the reason why Mr. WARWICK. I will move the following this proviso is necessary,

as a substitute for the proviso : The PRESIDENT. In Lander County the Provided, That the election for all the county election would not occur, under the territorial officers of Lander County, except Probate Judges, shail laws, until September, 1865, and this proviso in the month of November, A. D. 1861, at which time would shorten the term of office of the present their successors shall be elected. But the present in. incumbents, ten or eleven months.

cumbents shall hold their offices till the first Monday Mr. DUNNE. I inquire if there is anything of December, A. D. 1867, and their successors, elected which limits the terın of these officers elected at the general election in November, A. D. 1864, shall

hold their respective offices until the first Monday of When are they to go out of office ?

January, A. D. 1867." The PRESIDENT. I think as it now reads

CALL OP THE HOUSE. they are continued in office till January, 1865. Mr. WARWICK. No, sir ; till the first Mon

Mr. TAGLIABUE. I believe there is not a day of December, 1864.

quorum present, and I move a call of the Mr. DUNNE. But how as to those who are

House. elected to suc them? It should be pro

The SECRETARY, by direction of the Presvided that they shall go out of office when the ident, counted the Convention and reported other county officers do.

seventeen members present, being less than a The PRESIDENT. The Secretary will read quorum. the section again.

The question was taken on the motion that The SECRETARY again read Section 12, there be a call of the House, and it was agreed to. and the proposed amendmeut, as modified.

The roll was called, and the following memMr. WARWICK. Now I begin to see where bers responded to their names : Messrs. Belden, that seems a little cloudy. The parenthesis in Brady, Brosnan, Chapin, Collins, Crawford, the iniddle is not necessary, and by striking Crosman, Dunne. Frizell

, Folsom, Kennedy, that out. it will make it clearer aud betier. Lockwood, McClinton, Murdock, Proctor, TagThe proviso should read :

liabue, Warwick, Wetherill, and Mr. President.

Present, 19; absent, 20. Proridd, further, That the terms of the present county officers of Lander County shall expire on the

The Sergeant-at-Arms was directed to arrest first Monday of December, 1864, and the several county and bring in absent members. officers of said County of Lander shall be chosen at Messrs. Gibson, Kinkead, and Hawley apthe general election in November, A. D. 1864."

peared, stated their excuses, and were allowed Mr. TAGLIABUE. If you change " and "io take their seats. to “or," would not that do? Then it would On motion of Mr. TAGLIABUE, a quorum read shall expire on the first Monday of De- being present, further proceedings under the cember, 1864, or until the election and quali- call were dispensed with. fication," etc.


The Convention resumed the consideration Tbe PRESIDENT. I think, on the contrary, of Section 12 of the Schedule.

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Mr. WARWICK. I withdraw my amend-! if that assumption is designed to prevent the ment, and will merely move to amend Section State from borrowing the full amount of money 12, as engrossed, by adding thereto the follow- contemplated in Section 3 of Article IX, which ing:

authorizes the State to borrow, not to exceed " And shall hold their respective offices until the three bundred thousand dollars, for the purpose first Monday of January, A. D. 1867."

of enabling the State to transact its business Mr. CHAPIN. How does the first part of upon a cash basis. I would like to be informed it read ?

whether this Section 6 of the Schedule would The SECRETARY. Just as it stands. not conflict with that provision?

Mr. WARWICK. I have endeavored to rem- The PRESIDENT. If the inquiry is adedy the defect, and I believe the only way is by dressed to the Chair, I can only reply that I am this addition.

not prepared to give an answer. The PRESIDENT. I will suggest to the Mr. COLLINS. In Section 3 of Article IX, gentleman that the original proviso be amended it is provided that the State may, for the purby inserting “sball continue until,” instead of pose of transacting its business upon a cash “shall expire on."

basis, from its organization, contract debts, but Mr. WARWICK. I would like to hear it which shall not exceed in the aggregate three read with that amendment.

hundred thousand dollars, exclusive of interMr. CROSMAN. The terms of the present est ; but Section 6 of the Schedule provides county officers, I understand, expire in Jan- that the State shall assume all the debts of Neuary, and it is proposed by this proviso to cut vada Territory, which do exceed that amount. short their terms. Now, the usual term being Mr. DELONG. I think they will fall much for two years, why should we provide for the short of it. election of their successors for a term of twenty

Mr. COLLINS. I include the soldiers' bounty five months, when in doing so we are cutting fund. short the terms of the present incumbents? I Mr. KINKEAD. The bounty fund will not will move to strike out * December, 1864,” and bring it up to anything like it. substitute “ January, 1865."

Mr. GIBSON. That will not exceed ten The PRESIDENT. If there is no objection thousand dollars. that amendment will be made.

Mr. COLLINS. With a view of brioging the Mr. DUNNE. Will this proviso, so far as it matter before the Convention, I will introduce relates to the Probate Judges, affect the gen- a proviso to come in at the end of Section 6,80 eral provision, as to judicial officers elected that the section will read as follows : under the Constitution ?

SEC. 6. All debts and liabilities of the Territory of Mr. WARWICK. No, sir. The provision is, Neavada, lawfully incurred, and which remain unpaid that the county officers shall "hold until the at the time of the admission of this State into the election and qualification of the successors of Union, shall be assumed by, and become the debt of such officers as are not inconsistent with the of such debts shall not prevent the State from con

the State of Nevada ; provided, that the assumption provisions of this Constitution. The office of tracting the additional indebtedness as provided in Probate Judge, being in conflict with the Con- Section 3 of Article IX, of this Constitution. stitution, must necessarily expire.

The question was taken on the adoption of the The PRESIDENT. Let the Secretary read proviso offered by Mr. Collins, and it was the section as it will stand with the proposed agreed to by unanimous conseut. amendment, and then each member can judge for himself,

THE SCHEDULE CONTINUED. Mr. DELONG. I move to refer the section

Sections 18 to 21, inclusive, (being the balto the Lander County delegation, with instruc- ance of the article,) were read, as follows: tions to report a new proviso, this afternoon,

Sec. 18. Each county, town, city, and incorporated relative to the Lander County officers.

village, shall make provision for the support of its Mr. CHAPIN. Oh, no! I think it is all own officers, subject to such regulations as the Legisright, pow.

lature may prescribe. The PRESIDENT. I suggest that the gen- preme Court, District Judge, or other State officer shall

In case the office of any Justice of the Sutleman modify bis motion so as to instruct the become vacant before the expiration of the regular Lander County delegation report immedi- term for which he was elected, the vacancy may be ately, in order that we may complete the article. filled by appointment by the Governor, until it shall Mr. DELONG. He can report it back as be tilled by cle-tion, for ine residue of the unexpired

be applied at the next general election, when it shall soon as he is ready.

The question was taken on the motion to SEC. 20. All cases, both civil and criminal, which refer Section 12 to the Lander County delega- Courts of the several counties, at the time when under

may be pending and undetermined in the Probate tion, and it was agreed to.

the provisions of this Constitution said Probate Courts

are to be abolished, shall be transferred to and deterTERRITORIAL INDEBTEDXESS.

mined by the District Courts of such counties respec. Mr. COLLINS. It will be perceived, by ref- t vely. erence to Section 6 of the Schedule, that the ture, to convene under the requirements of this con

SEC. 21. At the first regular session of the LegislaState of Nevada is to assume the debts and lia- stitution, provision shall be made by law for the pay. bilities of the Territory of Nevada. I will ask ment of the publication of six hundred copies of the

SEC. 19,




[July 26.

proceedings of this Convention, in book form, to be Mr. CHAPIN. I suggest that we strike out disposed of as the Legislature may direct; and the Lander County altogether. [Merriment.) Hon. J. Neely Johnson, President of this Convention,

Mr. WARWICK (after consultation with the shall contract for, and A. J, Marsh, Official Reporter of this Convention, under the direction of the President, President.). I believe at last we have it right. shall supervise the publication of such proceedings. I respectfully submit as a substitute for the Provision shall be made by law, at such first session of last proviso as engrossed, the following: the Legislature, for the compensation of the Official Reporter of this Convention, and he shall be paid in

And further provided, that the term of office of the coin, or its equivalent. He shall receive for his ser present county officers of Lander County, shall expire vices, in reporting the debates and proceedings, fifteen on the first Monday of January, A. D. 1865, except the dollars per day during the session of the Convention, Probate Judge of said county, whose terin of office and seven and one-half dollars additional for each shall expire upon the first Monday of December, A. D. evening session, and thirty cents per folio of one hun- 1864; and there shall be an election for the county offidred words for preparing the same for publication ; cers of Lander County at the general election in Noand for supervising and indexing such publication, vember, A. D. 1864, and the officers then elected shall the sum of fifteen dollars per day during the time hold office from the first Monday of January, A. D. actually engaged in such service.

1865, until the first Monday of January, A. D. 1867,

and until their successors are elected and qualified. REPORTER'S COMPENSATION.

The question was taken on the amendment Mr. KENNEDY. Is that the wording of the offered by Mr. Warwick, as finally modified, last section, as reported by the Committee on and it was agreed to. Schedule—“and he shall be paid in coin or its equivalent ? " I would like to have those

CONTINUANCE OF ACTIONS, ETC. words stand, however, for I think it is nothing Mr. COLLINS. I call the attention of the more than right.

Convention to the wording of Section 1 of this The PRESIDENT. That is the language article. It reads thus : used in the section as reported, and it was

“All rights, actions, prosecutions, judgments, claims adopted in that form by the Committee of the and contracts, as well of individuals as of bodies corWhole.

porate, including counties, towns and cities, shall conMr. KENNEDY. Very well; I would like time as if no change had taken place, and all process

which may issue under the authority of the Territory to bave it stand, if we can do so without a re

of Nevada," etc. flection upon the currency of the country. I think the Reporter is entitled 10 receive that word "every” for “ all," before the word * pro

I will move to amend by substituting the amount of coin, or its equivalent.

cess," so as to read “every process which may Mr. CHAPIN. It is all right as it is.

issue,"' instead of “all process.” It is certainly Mr. KENNEDY. I have no objection, then.

a little cloudy, as it now reads.

Mr. DUNNE. I do not concur with the genLANDER COUNTY OFFICERS-AGAIN.

tleman from Storey in regard to the necessity Mr. WARWICK. I am prepared now to re- of that amendment. There are certain legal port from the Lander County delegation, on terms, which, to a person unacquainted with the proviso to Section 12 of the Schedule. I legal phraseology, may not seem grammatical, report back Section 12, with a recommenda- but which are nevertheless perfectly correct in tion that the last proviso be stricken out, and the legal sense in which they are used. I do the following inserted in its stead :

not consider that there is any inaccuracy in the Provided, That the election for all the county offi- use of the word “all," in this connection, and cers of Lander County whose election is not in con- as to its legal operation, it is much better than flict with the provisions of this Constitution, shall take the word "every." place at the next general election, to be holden in the Mr. COLLINS. I would like to have the month of November, A. D. 1864, but the term of ofhice of the present incumbents shall not expire until the gentleman explain why "every process" would first Monday in Jannary, A. D. 1865, or as soon there not cover the entire ground. And, if it would, after as their successors shall be elected and qualified; will not outsiders, who are not stored with and their successors shall hold their offices until the

legal lore, like the gentleman from Humboldt, first Monday of January, A. D. 1867."

regard the use of the word “all," as rather a The PRESIDENT. Does not that provide faut pas on the part of the Convention ? Cerfor two elections ?

tainly “every process" is as handsome looking Mr. WARWICK. Possibly it may bear that a phrase. If all process" is a term in law construction. A time must be fixed for a new that has a technical signification which cannot election, or there will be a period intervening be supplied by other words, I would let it without any county officers.

stand ; but it seems to me that The PRÉSIDENT. But the difficulty seems would answer quite as well. “All is plural,

every process" to be in the latter part of the proviso--“as while“ process" is singular, and the plural adsoon thereafter as their successors shall bejective would seem to call for a plural noun. elected and qualified.” " Thereafter ” would As the word • every” would do just as well, I be after January, 1865.

do not see the force of the gentleman's objecMr. WARWICK. Yes, sir.

Probably it tion. would be enough to say, " as soon thereafter as

Mr. DUNNE. " Process" is used as a plural their successors shall be qualified.” I will noun—a collective noun--referring to all docmodify that part of the proviso.

uments coming under that head. The gentle



man from Storey will recollect that in gram- Accordingly, at five minutes before 12 o'clock mar there are collective nouns which have a the Convention took a recess till 2 o'clock, singular form, and this word belongs to that P. M. class. The PRESIDENT. The gentleman from

AFTERNOON SESSION. Storey can move to recommit the section, in order to make the amendment, objection being The Convention reässembled, and was called made. I think, however, that the gentleman to order by the President at twenty minutes from Humboldt is right in his view of the past 2 o'clock. P. M. matter.

The SECRETARY counted the Convention, Mr. COLLINS. I move to refer the section and reported that there was not a quorum to a committee of one, to consist of the gentle- present. man from Ormsby, Mr. Kinkead, with instruc

Mr. GIBSON. I move a call of the House. tions to make the amendment.

The PRESIDENT. Possibly, if the gentleThe question was taken, and the motion was man will withdraw his motion for a few monot agreed to.

ments we may obtain a quorum without the

necessity of calling the roll. SALARIES AND APPROPRIATIONS.

The SECRETARY again counted the ConvenMr. DUNNE. Before this article is finally tion, and reported just a quornm in attendance. disposed of, I suggest that there is a section

JUDICIAL DEPARTMENT. wbich the Convention has heretofore ordered incorporated in it, and which has not yet been Mr. KINKEAD, from the Committee on read.' I refer to the article on Salaries, which Phraseology and Arrangement, submitted the was directed to be inserted as a simple section following report: in the Schedule.

MR. PRESIDENT-Your Committee on Phraseology, Mr. BROSNAN. There was also another etc., report that they have carefully examined Article section ordered transferred to the Schedule the adoption of the following amendments before bo

VI, entitled “Judicial Department,” and recommend Section 6 of the article on Miscellaneous Pro- ing tinally enrolled: visions.

In Section 3, strike out the word "and," after the The SECRETARY. That has been incorpo- words - four, and six years respectively.”

In Section 7, in the last proviso, strike out the word rated ; it is Section 7, as read.

“provide," and insert the word “designate," in lieu The PRESIDENT. The article on Salaries thereof. is in the hands of the Committee on Phraseol- In Section 16, strike out the words "to be fixed by ogy, and the Convention having ordered that it law;" and insert the word " which" before the word

"shall." be inserted by that committee as a section in In Section 17, strike out the words " upwards of," this article, the committee will undoubtedly do and insert the words “ more than,” in lieu thereof. so before the final enrollment of the article. Also, strike out Section 18, as passed, and substitute Mr. DUNNE. I understand that there is a

therefor the following:

No Judicial officer shall be superseded, nor strong desire to have that article on Salaries shall the organization of the several courts of the Ter; again under consideration, for the purpose of ritory of Nevada be changed, until the election and adding some of the amendments which were qualification of the several otticers provided for in this stricken out, or substituting something else in

All of which is respectfully submitted. their placè, in regard to limiting the appropri

J. H. KINKEAD, Chairman. ations, or limiting the amount of the tax that The PRESIDENT. The Secretary will read may be levied. I hope an opportunity will be the several amendments, and the sections or afforded, if there is any chance for it.

clauses as proposed to be amended. The PRESIDENT. I conceive that the arti- The SECRETARY. The first amendment is cle on Salaries is beyond the reach of the in Section 3, to strike out the word “and," beConvention It was passed some tiine since, tween the words“ respectively” and “ from," and a motion was subsequently made and car so that the clause relating to the terms of Jusried, that it be incorporated as a section in the tices of the Supreme Court will read : Schedule.

“Who shall hold office from and including the first Mr. DUNNE. We are now at work on the Monday of December, A. D. 1864, and continue in office engrossed copy, I understand ?

thereafter, two, four, and six years respectively, from The PRESIDENT. Yes, sir; on the third the first Monday of January next succeeding their reading of the article. Mr. DUNNE. Then, I suppose, there will be

The question was taken, and the amendment a chance afterwards to get in amendments ?

was agreed to. The PRESIDENT. No, sir; except by unan

The SECRETARY. The next is in Section imous consent, or recommitment.

7, to strike out the word "provide," where it Mr. KENNEDY. As it is near 12 o'clock, I last occurs in the section, and insert in lieu move that we take a recess, so that the amend- thereof the word “ designate," so that the last ments suggested can be prepared in the mean

clause in the section will read : time.

Provided, that in case any county shall be hereafThe question was taken, and the motion was may by law designate the place of holding such courts

ter divided into two or more districts, the Legislature agreed to.

in such districts."

SEC. 18.


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