CONSTITUTION OF NEVADA. Preamble. Constitution of United States adopted. SECTION. 42. Preliminary action. 44. Ordinance. 45. Preamble. 46. Declaration of rights. 75. Legislative department. 110. Executive department. 132. Judicial department. 150. Impeachment and removal from office. 154. Municipal and other corporations. 164. Finance and state debt. 168. Taxation. 169. Education. 179. Militia. 181. Public institutions. 184. Boundary. 185. Miscellaneous provisions. 199. Amendments. 201. Schedule. 228. Election ordinance. PRELIMINARY ACTION. 42. 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 such constitution shall, after organization, on behalf of the people of said territory, adopt the constitution of the United States; therefore, be it 43. 2. Resolved, That the members of this convention, elected by the authority of the aforesaid enabling Act of Congress, 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. 44. 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, do ordain as follows--and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada: Ordinance. hibited. First. There shall be in this state neither slavery nor invol- Slavery prountary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted. of religious Second. That perfect toleration of religious sentiment shall Toleration be secured, and no inhabitant of said state shall ever be sentiment. molested, in person or property, on account of his or her mode of religious worship. lands dis ation of lands Third. That the people inhabiting said territory do agree, Right and and declare, that they forever disclaim all right and title to the title to public unappropriated public lands lying within said territory, and clained. Taxthat the same shall be and remain at the sole and entire dispo- of non-resisition of the United States; and that lands belonging to citizens dents. Lands of the United States, residing without the said state, shall never of the United be taxed higher than the land belonging to residents thereof; States not to 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. or property be taxed. 45. 4. We, the people of the State of Nevada, grateful to Preamble. 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. 46. SECTION 1. All men are, by nature, free and equal, Inalienable and have certain inalienable rights, among which are those of rights. enjoying and defending life and liberty; acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. 47. SEC. 2. All political power is inherent in the people. Paramount Government is instituted for the protection, security, and bene-allegiance. Powers of Federal Government. Right of trial by jury. Religious worship. Habeas corpus. Bail. When bailable. Capital or in- fit of the people; and they have the right to alter or reform the 48. SEC. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; provided, the legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof may require a unanimous verdict, notwithstanding this provision. State v. McClear, 11 Nev. 39. 49. SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. 50. SEC. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. 51. SEC. 6. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained. 52. SEC. 7. All persons shall be bailable by sufficient sureties; unless, for capital offenses, when the proof is evident or the presumption great. 53. SEC. 8. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service, and the land and naval forces in time of war, or which this state may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature), except on pre sentment or indictment of a grand jury, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or when propproperty, without due process of law; nor shall private property erty may be be taken for public use without just compensation having been compensation first made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made. 54. Wright v. Cradlebaugh, 3 Nev. 343; Gibson v. Mason, 5 Nev. 284; taken without the press. SEC. 9. Every citizen may freely speak, write, and Freedom of publish his sentiment on all subjects, being responsible for the speech and of abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions, and civil actions for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted or exonerated. petition. 53. SEC. 10. The people shall have the right freely to Rights to assemble together to consult for the common good, to instruct assemble and their representatives, and to petition the legislature for redress. of grievances. be main 56. SEC. 11. The military shall be subordinate to the civil Standing power. No standing army shall be maintained by this state in my not to time of peace, and in time of war no appropriation for a stand- tained. ing army shall be for a longer time than two years. soldiers. 57. SEC. 12. No soldier shall, in time of peace, be quar-Quartering of tered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law. 38. SEC. 13. Representation shall be apportioned accord-Apportioning to population. ment of representation. debtors. 59. SEC. 14. The privilege of the debtor to enjoy the Privileges of 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 fine in time of peace. Ex parte Bergman, 18 Nev. 332. law. 60. SEC. 15. No bill of attainder, er post facto law, or law Ex post facto impairing the obligation of contracts, shall ever be passed. 61. SEC. 16. Foreigners who are, or who may hereafter |