Gold Hill Daily News

ARTICLE XI—EDUCATION.

Provides for the election, once in two years, of a Superintendent of Public Instruction, and for the establishment of a uniform system of Common Schools, to be maintained at least six months each year in every School District. Any school district failing to maintain such school for the space of six months, or permitting sectarian instruction therein, may be deprived of its proportion of the School Fund. The Legislature may pass such laws as will tend to secure general attendance of children on the schools. The lands donated by Congress for educational purposes, and all other sources of income available for the purpose, are solemnly set apart and pledged to the School Fund, the interest only of which is to be distributed pro rata, according to the number of children between six and eighteen years of age in each county. Floating school land warrants are to be sold. A State University is to be established, embracing agricultural, mechanical and mining departments. All teachers and professors are required to take an oath of office. A half mill on the dollar special tax is to be levied annually for the support of the University and common schools. "The Governor, Secretary of State and Superintendent of Public Instruction constitute a Board of Regents of the University and public schools for the first four years, the Legislature to elect their successors. Said Board is required to organize the Mining Department of the University as speedily and efficiently as possible. All sectarian instruction in the schools or University is prohibited.

This amends the corresponding Article of the old Constitution by striking out so much as made the attendance of children on the schools compulsory, by asking for the consent of Congress to the appropriation to school purposes of the 500,000 acres granted for internal improvements, and in some less important particulars.

ARTICLE XII—MILITIA.

Requires the Legislature to provide for organizing and disciplining the militia and the effective encouragement of volunteer corps, etc.; also gives the Governor power to call out the militia in emergencies. The Article is identical with the one in the old Constitution.

ARTICLE XIII—PUBLIC INSTITUTIONS.

Requires the State to foster benevolent institutions and the counties to provide for the aged, infirm or indigent. The language of the Article is the same as in the old Constitution.

ARTICLE XIV—BOUNDARY.

Establishes the State boundary as in the Enabling Act and provides for extending such boundary one degree further east, whenever Congress shall assent, and as far west as California may relinquish. There is no change in this from the old Constitution.

ARTICLE XV—MISCELLANEOUS PROVISIONS

Section 1 fixes the seat of Government at Carson City, and prohibits appropriations for Capitol buildings for the next three years, instead of six years, as in last year's Constitution.

Section 2 prescribes an oath of office, including an oath of allegiance to the United States, and an oath that the party has not, since the adoption of the Constitution, and will not be, engaged in a duel.

Section 3 prohibits any person not only from holding office, but (which is additional to the old Constitution) from voting, who has been in any way concerned in a duel.

Section 4. No perpetuities shall be allowed except for eleemosynary purposes.

Section 5 fixes the general election on the Tuesday next after the first Monday of November.

Section 6. The aggregate number of members of the Legislature shall never exceed 75.

Section 7 requires county officers to hold their offices at the county seats.

Section 8 provides for the publication of statute laws and Supreme Court decisions.

Section 9 authorizes the Legislature to increase or diminish salaries of public officers.

Sections 10 and 11 relate to the election or appointment of officers and the tenure of officers created by the Legislature, which must never exceed four years.

[Section 12 of the old Constitution, providing for a State Printer, was stricken out.]

Section 12 requires the Governor, Secretary of State, Treasurer, Controller and Clerk of the Supreme Court to keep their offices at the Capital.

Section 13 provides for a State census, in the discretion of the Legislature, in 1865, 1867, 1875 and every ten years thereafter, to serve, together with the United States census, as a basis of representation.

Sec. 14 establishes the plurality rule in elections.

ARTICLE XVI—AMENDMENTS.

Provides for amendment of the Constitution by two-thirds votes of two successive Legislatures and subsequent ratification by the people. Also, that the Legislature, by a two-thirds vote, may submit to the people the question of calling a Convention to revise the Constitution. This Article was, in substance, the same in the old Constitution.

ARTICLE XVII—SCHEDULE

Sections 1, 2, 3 and 4 provide for the transfer of rights, actions, prosecutions, judgments, claims, etc., from the Territorial to the State Government; for the continuance of Territorial laws until repealed or altered by the State Legislature; for the transfer of fines and forfeitures, recognizances, etc., and all legal proceedings.

Section 5 fixes the salaries for the first term of office—Governor, $4,000; Secretary of State, Controller and Treasurer, each, $3,000; Surveyor General, $1,000; Attorney General, $2,500; Superintendent of Public Instruction, $2,000; each Judge of the Supreme Court, $7,000; members of the Legislature, $8 per day and 40 cents per mile each way.

Section 6 establishes the following apportionment of the Legislature until otherwise provided by law: Storey county, 4 Senators, 12 Assemblymen; Douglas county, 1 Senator, 2 Assemblymen; Esmeralda county, 2 Senators, 4 Assemblymen; Humboldt county, 2 Senators, 3 Assemblymen; Lander county, 2 Senators, 4 Assemblymen; Lyon county, 1 Senator, 3 Assemblymen; Lyon and Churchill counties, 1 Senator jointly; Churchill county, 1 Assemblyman; Nye county, 1 Senator, 1 Assemblyman; Ormsby county, 2 Senators, 3 Assemblymen; Washoe and Roop counties, 2 Senators, 3 Assemblymen.

Section 7 transfers all debts of the Territory to the State; provided said indebtedness shall not interfere with the additional $300,000 authorized by Article IX.

Section 8 provides that the first State officers shall hold till the Tuesday after the first Monday in January 1867.

Section 9 provides that the Senators first elected shall draw for long and short terms, one-half going out the day after the general election in 1866, and the other half two years later.

Sections 10 and 11 provide for carrying out the same rule respecting Assemblymen.

Section 12 makes the first session of the Legislature commence on the second Monday of December next; the second on the first Monday of January, 1866; succeeding sessions to be held biennially, commencing on the first Monday of January.

Section 13 continues all Territorial and county officers under the State organization till January, 1867, and the Probate Judges till the District Judges are elected, with a proviso for a special election in Lander county next November.

Section 14 continues the Territorial officers till election and qualification of State officers.

Section 15 fixes the terms of the Supreme and District Courts.

Section 16 and 17 fix the salaries of the District Judges, until altered by law. First District, $6,000; Second, $4,000; Third and Fourth, $5,000; Fifth, $3,600; Sixth, $4,000; Seventh, $6,000; Eighth, $3,600; Ninth, $5,000.

Section 18 requires State officers first elected to enter on their duties on the first Monday of December next, and continue till January, 1867.

Section 19 makes a similar provision for the Supreme and District Judges.

Section 20 relates to the commissioning and qualifying of the first State officers and District Judges, and requires the State Controller and Treasurer to give bonds in $30,000 each.

Section 21 requires counties, towns, etc., to provide for supporting their own officers.

Section 22 provides for filling vacancies.

Section 23 transfers cases pending in the Territorial Probate Courts to the District Courts.

Section 24 limits taxation for the first three years to one per cent, and one-fourth of one per cent. for Territorial indebtedness.

Section 25 attaches Roop to Washoe county, for judicial, legislative, revenue and county purposes.

Section 26 makes provision for publishing 600 copies of the debates and proceedings of this Convention, and for the compensation of the Official Reporter of the same.

ELECTION ORDINANCE.

Following the Constitution proper is an ordinance providing for the submission of the Constitution to the people at the time provided by Act of Congress, and also for the election of State officers, under the Constitution, on the Tuesday after the first Monday of November, 1864. The ordinance makes detailed provisions as to the soldiers' votes, the manner of voting, making and canvassing the returns, declaring the result, etc. Upon the issuing of the President's proclamation (to be received by telegraph), admitting the State into the Union, this Constitution shall be ordained and established as the Constitution of the State of Nevada.