ARTICLE XI.

Superintendent, when elected.

Term of

office.

School system, to

EDUCATION.

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 the qualification of his successor, and whose duties shall be prescribed by law.

SEC. 2. The Legislature shall provide for a uniform system of De uniform, 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 instruction 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.

Lands appropriated

poses.

SEC. 3. All lands, including the sixteenth and thirty-sixth sections for educa- in every township, donated for the benefit of public schools in the Act tional pur- of the thirty-eighth 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 of 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 provisions for, or authorizes such diversion to be made for the purpose herein contained, all estates that may escheat to the State, all of such per cent. as may be granted by Congress on the sale of land, 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 in proportion to the ascertained numbers of the persons between the ages of six and eighteen years in the different counties, and the Legislature shall provide for the sale of floating Sale, how 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; 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. SEC. 4. The Legislature shall provide for the establishment of a State University, which shall embrace departments for agriculture,

made.

Proviso.

University.

mechanic arts, and mining, to be controlled by a Board of Regents, whose duties shall be prescribed by law.

Normal

SEC. 5. The Legislature shall have power to establish normal schools, and such different grades of schools, from the primary depart- schools. ment 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 Fifteen 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. SEC. 6. The Legislature shall provide a special tax of one-half of Special tax. one mill 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; provided, that at the end of ten years they may reduce said tax to one-quarter of one mill on each dollar of taxable property.

SEC. 7. The Governor, Secretary of State, and Superintendent of Regents. 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.

SEC. 8. The Board of Regents shall, from the interest accruing Duties of from the first funds which come under their control, immediately or- Regents. ganize 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 separate 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 misappropriated in said fund, so that the principal of said fund shall remain forever undiminished.

ism pro

SEC. 9. No sectarian instruction shall be imparted or tolerated in Sectarianany school or university that may be established under this Constitution. hibited.

ARTICLE XII.

MILITJA.

tion of Militia.

SECTION 1. The Legislature shall provide by law for organizing Organizaand disciplining the militia of this State, for the effectual encouragement of volunteer corps, and the safe keeping of the public arms. 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 in-call out.

vasion.

Power to

Benevolent

to be

ARTICLE XIII.

PUBLIC INSTITUTIONS.

SECTION 1. Institutions for the benefit of the insane, blind, and institutions, deaf and dumb, and such other benevolent institutions as the public fostered. good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law.

State Prison

SEC. 2. A State Prison shall be established and maintained in such a manner as may be prescribed by law, and provision may be made by law for the establishment and maintenance of a House of Counties to Refuge for juvenile offenders.

provide for aged and

SEC. 3. The respective counties of the State shall provide, as may infirm. be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society.

ARTICLE XIV.

Boundary.

Addition

may be made.

BOUNDARY.

SECTION 1. The boundary of the State of Nevada shall be as follows: Commencing at a point formed by the intersection of the thirtyeighth degree of longitude west from Washington with the thirtyseventh degree of north latitude; thence due west along said thirtyseventh degree of north latitude to the eastern boundary line of the State of California; thence in a northwesterly direction along the 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 California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning. And whensoever Congress shall authorize the addition to the Territory or State of Nevada of any portion of the territory on the easterly border of the foregoing defined limits, not exceeding in extent one degree of longitude, the same shall thereupon be embraced within and become a part of this State. And, furthermore provided, that all such territory lying west of and adjoining the boundary line herein prescribed, which the State of California may relinquish to the Territory or State of Nevada, shall thereupon be embraced within and constitute a part of this State.

ARTICLE XV.

Seat of Government.

MISCELLANEOUS PROVISIONS.

SECTION 1. The seat of government shall be at Carson City; but no appropriation for the erection or purchase of capitol buildings shall be made during the next three years.

office.

SEC. 2. Members of the Legislature, and all officers, executive, ju- Oath of dicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: "I, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign; and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State, Convention or Legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, or sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office. And, further, that I will well and faithfully perform all the duties of the office of which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury."

on

office.

SEC. 3. No person shall be eligible to any office who is not a qual- Who not ified elector under this Constitution. No person who, while a citizen eligible to of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has acted as second, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit or trust, or enjoy the right of suffrage under this Constitution. The Legislature shall provide, by law, for giving force and effect to this section.

SEC. 4. No perpetuities shall be allowed except for eleemosynary Perpetu

purposes.

ities.

election.

SEC. 5. The general election shall be held on the Tuesday next af- General ter the first Monday of November.

SEC. 6. The aggregate number of members of both branches of Number of the Legislature shall never exceed seventy-five.

members restricted.

where held.

SEC. 7. All county officers shall hold their offices at the county Offices, seat of their respective counties.

of laws, etc.

SEC. 8. The Legislature shall provide for the speedy publication Publication of all statute laws of a general nature, and such decisions of the Supreme Court as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the Court in such case shall be filed with the Clerk of said Court.

creased or

SEC. 9. The Legislature may, at any time, provide by law for in- Salaries creasing or diminishing the salaries or compensation of any of the may be inofficers whose salary or compensation is fixed in this Constitution; diminished. provided, no such change of salary or compensation shall apply to any officer during the term for which he may have been elected.

SEC. 10. All officers, whose election or appointment is not other- Officers, wise provided for, shall be chosen or appointed as may be prescribed how chosen. by law.

SEC. 11. The tenure of any office, not herein provided for, may be

office may

Tenure of declared by law; or, when not so declared, such office shall be held be declared. during the pleasure of the authority making the appointment; but the Legislature shall not create any office, the tenure of which shall be longer than four years, except as herein otherwise provided in this Constitution.

State offices, where held.

Enumeration of in

habitants to be taken.

Plurality of votes to constitute choice.

SEC. 12. The Governor, Secretary of State, State Treasurer, State Controller, and Clerk of the Supreme Court, shall keep their respective offices at the seat of government.

SEC. 13. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature, if deemed necessary, in A.D. eighteen hundred and sixty-five; A.D. eighteen hundred and sixty-seven; A.D. eighteen hundred and seventy-five, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A.D. eighteen hundred and seventy, and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.

SEC. 14. A plurality of votes given at an election by the people shall constitute a choice, where not otherwise provided by this Constitution.

ARTICLE XVI.

Amendment, how made.

Revision of Constitution.

Convention

AMENDMENTS.

SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if the same shall be agreed to by a majority of all the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their respective journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become a part of the Constitution.

SEC. 2. If, at any time, the Legislature by a vote of two-thirds of the members elected to each House, shall determine that it is necessary to cause a revision of this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the Legislature. Majority of In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question.

electors.