the service of the United States, nor while engaged in the navigation of the 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, at public expense; nor while confined in any public prison.

Right of Suffrage by Persons in Military Service.

48. SEC. 3. The right of suffrage shall be enjoyed by all persons otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and provided, further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.

McMillan v. Sadler, 25 Nev.

Elector Not to Be Arrested.

49. SEC. 4. During the day on which any general election shall be held in this state, no qualified elector shall be arrested by virtue of any civil process.

Elections.

50. SEC. 5. All elections by the people shall be by ballot, and all elections by the legislature, or by either branch thereof, shall be by viva voce.

Registration of Electors Required.

51. SEC. 6. Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualifications.

REGISTRY OATH UNCONSTITUTIONAL. (Stats. 1869, 141); Clayton v. Harris, 7 Nev. 64. (Stats. 1887, 106); State v. Findlay, 20 Nev. 198.

Poll Tax.

52. SEC. 7. The legislature shall provide by law for the payment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the state, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for state, and one-half for county purposes; and the legislature may, in its discretion, make such payment a condition to the right of voting.

Wilson v. Stone, 24 Nev.; Hassett v. Walls, 9 Nev. 387.

Qualified Voters.

53. SEC. 8. All persons qualified by law to vote for representatives to the general assembly of the Territory of Nevada on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this

54. 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 persons charged with the exercise of powers properly belonging

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.

IMPRISONMENT ON CIVIL PROCESS. Ex parte Bergman, 18 Nev. 341.

Ex Post Facto Law.

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

Rights of Bona Fide Residents.

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

Slavery Prohibited.

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

Rights Against Seizures and Searches.

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

Treason, of What to Consist.

44. SEC. 19. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and 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.

Rights Retained by the People.

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

46. SECTION 1. Every male citizen of the United States (not laboring under the disabilities 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 election, shall be entitled to vote for all officers that now are 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 person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government; and no idiot or insane person shall be entitled to the privilege of an elector.

[Amended by striking out the word white before the word male. Adopted by the legislature 1877 and 1879; ratified at the general election of 1880.]

1. REGISTRY LAW OATH UNCONSTITUTIONAL. Davies v. McKeeby, 5 Nev. 369.

2. McMillan v. Sadler, 25 Nev.

Residence, When Not Gained or Lost.

47. 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 the 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, at public expense; nor while confined in any public prison.

Right of Suffrage by Persons in Military Service.

48. SEC. 3. The right of suffrage shall be enjoyed by all persons otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and provided, further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.

McMillan v. Sadler, 25 Nev.

Elector Not to Be Arrested.

49. SEC. 4. During the day on which any general election shall be held in this state, no qualified elector shall be arrested by virtue of any civil process.

Elections.

50. SEC. 5. All elections by the people shall be by ballot, and all elections by the legislature, or by either branch thereof, shall be by viva voce.

Registration of Electors Required.

51. SEC. 6. Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualifications.

REGISTRY OATH UNCONSTITUTIONAL. (Stats. 1869, 141); Clayton v. Harris, 7 Nev. 64. (Stats. 1887, 106); State v. Findlay, 20 Nev. 198.

Poll Tax.

52. SEC. 7. The legislature shall provide by law for the payment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the state, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for state, and one-half for county purposes; and the legislature may, in its discretion, make such payment a condition to the right of voting.

Wilson v. Stone, 24 Nev.; Hassett v. Walls, 9 Nev. 387.

Qualified Voters.

53. SEC. 8. All persons qualified by law to vote for representatives to the general assembly of the Territory of Nevada on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this constitution.

54. 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 persons charged with the exercise of powers properly belonging

to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.

Rosenstock v. Swift, 11 Nev. 128; Arick v. Hampton, 13 Nev. 439; Ex parte Darling, 16 Nev. 98; Mason v. Com. Ormsby Co., 7 Nev. 392; Sawyer v. Dooley, 21 Nev. 390.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

Vested in Senate and Assembly.

55. SECTION 1. The legislative authority of this state shall be vested in a 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 of government of the state.

Sessions Biennial.

56. SEC. 2. The sessions of the legislature shall be biennial, and shall commence 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.

[As amended. Amendment adopted 1885, 151; agreed to 1887, 165, and ratified at special election February 11, 1889.]

Assemblymen, When Chosen-Term of Office.

57. 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.

Senators, When Chosen-Term of Office.

58. 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 their election. Qualifications Of-Number of Senators.

59. 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.

Who Judge of Qualification-May Punish and Expel.

60. 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 rules of its proceedings, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member.

May Punish for Contempt, etc.

61. SEC. 7. Either house, during the session, may punish, by imprisonment, 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 imprisonment shall not extend beyond the final adjournment of the session.

Not Eligible to Appointment to Civil Office.

62. SEC. 8. No Senator or member of assembly shall, during the term for 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 elections by the people.

Who Not Eligible to Office.

63. SEC. 9. No person holding any lucrative office under the government of the United States, or any other power, shall be eligible to any civil office of profit under this state; provided, that Postmasters whose compensation does not exceed five hundred dollars per annum, or Commissioners of Deeds, shall not be deemed as holding a lucrative office.

Nourse v. Clark, 3 Nev. 566; Summerfield v. Clarke, 21 Nev. 333; McMillan v. Sadler, 25 Nev. When Disqualified.

64. SEC. 10. Any person who shall be convicted of the embezzlement or defalcation of the public funds of this state, or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this state; and the legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony.

Members Exempt from Arrest.

65. SEC. 11. Members of the legislature shall be privileged from arrest on civil process during the session of the legislature, and for fifteen days next before the commencement of each session.

Vacancies, How Filled.

66. SEC. 12. When vacancies occur in either house, the Governor shall issue writs of election to fill such vacancy.

Quorum.

67. Sec. 13. A majority of all members elected to each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may prescribe.

Journal Required.

68. SEC. 14. Each house shall keep a journal of its own proceedings, which shall be published; and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal.

George v. Swift, 10 Nev. 184.

Doors May Be Closed.

69. SEC. 15. The doors of each house shall be kept open during its session, except the Senate while sitting in executive session; and neither shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be holding their sessions.

Where Bills May Originate.

70. SEC. 16. Any bill may originate in either house of the legislature, and all bills passed by one may be amended in the other.

Laws to Embrace One Subject.

71. SEC. 17. Each law enacted by the legislature shall embrace but one subject, and matter properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only, but, in such case, the Act as revised, or section as amended, shall be reenacted and published at length.

Humboldt Co. v. Co. Com. Churchill Co., 6 Nev. 30; State v. Silver, 9 Nev. 227; State v. Davis, 14 Nev. 439; Klein v. Kinkead, 16 Nev. 194; School Trustees v. Com. Storey Co., 17 Nev. 96; State v. Ah Sam, 15 Nev. 26; Esser v. Spaulding, 17 Nev. 290; State v. Trolson, 21 Nev. 419; Norcross v. Com. Washoe Co., 22 Nev. 399; Osburn v. Beck, 24 Nev.; Fletcher v. Rhue, 24 Nev.