Justices of Supreme Court and District Judges May Be Removed.

132. SEC. 3. For any reasonable cause, to be entered on the journals of each house, which may or may not be sufficient grounds for impeachment, the Chief Justice and Associate Justices of the Supreme Court and Judges of the District. Courts shall be removed from office on the vote of two-thirds of the members elected to each branch of the legislature, and the Justice or Judge complained of shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person, or by counsel, in his defense; provided, that no member of either branch of the legislature shall be eligible to fill the vacancy occasioned by such removal.

O'Neale v. McClinton, 5 Nev. 329.

Removal from Office of Civil Officer.

133. SEC. 4. Provision shall be made by law for the removal from office of any civil officer, other than those in this article previously specified, for malfeasance or nonfeasance in the performance of his duties.

ARTICLE VIII.

MUNICIPAL AND OTHER CORPORATIONS.

Special Legislation Prohibited.

134. SECTION 1. The legislature shall pass no special Act in any manner relating to corporate powers, except for municipal purposes; but corporations may be formed under general laws; and all such laws may, from time to time, be altered or repealed.

Virginia v. Chollar-Potosi M. Co., 2 Nev. 86; Rosenstock v. Swift, 11 Nev. 129.

Taxation, What Subject To.

135. SEC. 2. All real property and possessory rights to the same, as well as personal property in this state, belonging to corporations now existing or hereafter created, shall be subject to taxation the same as property of individuals; provided, that the property of corporations formed for municipal, charitable, religious, or educational purposes may be exempted by law.

Sawyer v. Dooley, 21 Nev. 390.

Dues May Be Secured.

136. SEC. 3. Dues from corporations shall be secured by such means as may be prescribed by law; provided, that corporators in corporations formed under the laws of this state shall not be individually liable for the debts or liabilities of such corporations.

Corporations Subject to Laws, etc.

137. SEC. 4. Corporations created by or under the laws of the Territory of Nevada shall be subject to the provisions of such laws until the legislature shall pass laws regulating the same, in pursuance of the provisions of this constitution.

Corporations May Sue.

138. SEC. 5. Corporations may sue and be sued in all courts, in like manner as individuals.

Bank Notes Prohibited.

139. SEC. 6. No bank notes or paper of any kind shall ever be permitted to circulate as money in this state, except the federal currency and the notes of banks authorized under the laws of Congress.

Right of Way.

140. SEC. 7. No right of way shall be appropriated to the use of any corporation until full compensation be first made or secured therefor.

Organization of Cities and Towns.

141. SEC. 8. The legislature shall provide for the organization of cities and towns by general laws, and restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies of water.

City of Virginia v. Chollar-Potosi M. Co., 2 Nev. 86; Rosenstock v. Swift, 11 Nev. 129;
Fletcher v. Rhue, 24 Nev.

State Not to Donate or Loan.

142. SEC. 9. The state shall not donate or loan money or its credit, subscribe to or be interested in the stock of any company, association, or corporation, except corporations formed for educational or charitable purposes.

County, etc., Not to Become Stockholder.

143. SEC. 10. No county, city, town, or other municipal corporation shall become a stockholder in any joint stock company, corporation, or association whatever, or loan its credit in aid of any such company, corporation, or association, except railroad corporations, companies, or associations.

144. SECTION 1. The fiscal year shall commence on the first day of January in each year.

Legislature to Provide for Levying an Annual Tax.

145. SEC. 2. The legislature shall provide by law for an annual tax sufficient to defray the estimated expenses of the state for each fiscal year; and whenever the expenses of any year shall exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing years [year] or two years.

Klein v. Kinkead, 16 Nev. 194.

State May Contract Debts-Restriction of Debt-Annual Tax-Proceeds, How Appropriated— When Contract Void.

146. SEC. 3. For the purpose of enabling the state to transact its business upon a cash basis, from its organization, the state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of three hundred thousand dollars, except for the purpose of defraying extraor dinary expenses as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semi-annually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed, nor the taxes be postponed or diminished until the principal and interest of said debts. shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.

Nightingill v. Com. Storey Co., 1 Nev. 264.

State Not to Assume Indebtedness.

147. SEC. 4. The state shall never assume the debts of any county, town, or city, or other corporation whatever, unless such debts have been created to repel invasion, suppress insurrection, or to provide for the public defense.

148. SECTION 1. The legislature shall provide by law for a uniform and equal rate of assessment 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.

Ex parte Robinson, 12 Nev. 261; Ex parte Cohn, 13 Nev. 424; State v. Kruttschnitt, 4 Nev. 178; State v. Eastabrook, 3 Nev. 173; State v. Manhattan S. Mg. Co., 4 Nev. 319; State v. Carson Savings Bank, 17 Nev. 146; State v. Cal. M. Co., 15 Nev. 255.

ARTICLE XI.

EDUCATION.

Superintendent, When Elected-Term of Office.

149. SECTION 1. The legislature shall encourage, by all suitable means, the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements; 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, A. D. eighteen hundred and sixty-five, and until the election and qualification of his successor, and whose duties shall be prescribed by law.

School System to Be Uniform.

150. 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 instructions 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.

State v. Tilford, 1 Nev. 245; Stoutmeyer v. Duffy, 7 Nev. 346; Keith v. Westerfield, 23 Nev. 468; Cutting v. Westerfield, 24 Nev.

Lands and Funds Pledged-Escheated Estates and Fines -Interest Only to Be Used.

151. SEC. 3. All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the Act of the Thirtyeighth Congress, to enable the people of Nevada Territory to form a State Government, the thirty thousand acres of public lands granted by an Act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for each Senator and Representative in Congress, and all proceeds cf lands that have been or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the Act of Congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. eighteen hundred and forty-one; provided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the state; all of such per centum as may be granted by Congress on the sale of lands; 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 as the legislature may provide by law; 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 from any of the above-mentioned sources, in United States bonds, or the bonds of this state, or the bonds of other states of the Union; 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 portions of said interest as may be necessary may be appropriated for the support of the state university.

[As amended. Resolution adopted 1885, 160; agreed to 1887, 168; and ratified at special election February 11, 1889.]

Greenbaum v. Rhodes, 4 Nev. 312; Heydenfeldt v. Daney G. & S. M. Co., 10 Nev. 291; Estate of Henry Sticknoth, 7 Nev. 223; Rosenstock v. Swift, 11 Nev. 125; Klein v. Kinkead, 16 Nev. 194.

University.

152. 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.

Normal Schools.

153. 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 XV of this constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes.

Special Tax.

154. SEC. 6. The legislature shall provide a special tax, which shall not exceed two mills on the dollar of all taxable property in the state, in addition to the other means provided for the support and maintenance of said university and common schools.

[As amended. Resolution adopted 1885, 161; agreed to 1887, 169; and ratified at special election February 11, 1889.]

Regents.

155. SEC. 7. The Governor, Secretary of State, and 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.

Mack v. Torreyson, 21 Nev. 517.

Duties of Regents.

156. 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 proceeds of the public lands donated by Act of Congress approved July second, A. D. eighteen hundred and sixty-two, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said Board of Regents in a seperate fund, to be appropriated exclusively for the benefit of the first named departments to the university, as set forth in section four above; and the legislature shall provide that if, through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or mis

appropriated in said fund, so that the principal of said fund shall remain forever undiminished.

Sectarianism Prohibited.

157. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution.

No Funds for Sectarian Purposes.

158. SEC. 10. No public funds of any kind or character whatever, state, county, or municipal, shall be used for sectarian purpose.

[Section 10 was added to article XI, by amendment adopted by the legislature 1877 and 1879, and ratified at the general election of 1880.]

159. 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.

Sutherland v. Nye, 23 Nev. 99.

Power to Call Out.

160. 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.

ARTICLE XIII.

PUBLIC INSTITUTIONS.

Benevolent Institutions to Be Fostered.

161. 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.

State Prison.

162. SEC. 2. A state prison shall be established and maintained 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. Aged and Infirm, Counties to Provide For.

163. 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 misfortune, may have claim upon the sympathy and aid of society.

Keyser v. Hallock, 14 Nev. 202.

ARTICLE XIV.

BOUNDARY.

Boundary of State-Territory May Be Added.

164. 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 eastern boundary line of the State of California; thence in a northwesterly direction along 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 Cali