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.

Sectarian instruction prohibited.

361. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or University that may be established under this Constitution.

T. C. C. pp. 128, 233.

Cited. State ex rel. Nevada Orphan Asylum v. Hallock, 16 Nev. 379.

No funds used for sectarian purposes.

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

[Section 10 was added to Article XI by amendment. Proposed and passed at the Eighth Session of the Legislature, February 27, 1877, Statutes of 1877. page 221; agreed to and passed at the Ninth Session of the Legislature, January 27, 1879, Statutes of 1879, page 149, and approved and ratified by the people at the general election of 1880.] T. C. C. pp. 128, 233.

For the purpose of ascertaining the meaning of the words "sectarian purposes" as used in the constitution, the court examined the history of the state, in relation to appropriations, as shown by the statutes and legislative journals: Held. that the words were used in the popular sense that a religious sect is a body or number of persons, united in tenets, but constituting a distinct party by holding doctrines different from those of other sects, or people, and that every sect of that character is sectarian within the meaning of that word as used in the constitution.

Upon a review of the testimony: Held, that the Nevada Orphan Asylum of Virginia City is a sectarian institution, and as such is prohibited by the constitution from drawing any

money from the state treasury to be used for sectarian purposes.

Held, that if the money claimed, under the act "for the relief of the several orphan asylums of this state" (Stats. 1881, p. 122). should be given to the Nevada Orphan Asylum, it would be used for the relief and support of a sectarian institution, and in part, at least, for sectarian purposes, and that it is impossible to separate this use of the money from that which might be used for other purposes that are not forbidden. State ex rel. Nevada Orphan Asylum v. Hallock, 16 Nev. 377, 379, 385.

Cited, and information given as to publication of this amendment. State ex rel. Torreyson v. Grey, 21 Nev. 386 (19 L. R. A. 134, 32 P. 190).

ARTICLE 12.

MILITIA

State militia.

363. 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.

T. C. C. pp. 223, 493.

The act of March 6, 1893, sec. 41 (Stats. 1893, p. 96) provided that the expense of maintaining an armory for militia companies should he paid out of the general fund of the several counties on presentation of the auditor's certificate to the treasurer that such expenses had been allowed by the board of county commissioners. The act of March 18, 1895, sec. 12 (Stats. 1895, p. 109), expressly repeals this section of the act of 1893, and provides (sec. 11) that all claims for such expenses shall be

Suppress insurrection or repel invasion.

audited by the board of military auditors, and paid out of the general fund in the state treasury upon warrant drawn therefor by the state controller. Held, that the repealing act of 1895 is not in violation of this section, and is valid, though it makes no appropriation for the payment of these expenses out of the state treasury, as provided for in section 11 of the said act of 1895. State ex rel. Sutherland v. Nye, 23 Nev. 99, 100 (42 P. 866).

364. 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.

T. C. C. pp. 223, 493.

ARTICLE 13.

PUBLIC INSTITUTIONS

Sanitary and benevolent institutions fostered.

365. 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.

366. 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.

Relating to the indigent.

367. 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 misfortunes, may have claim upon the sympathy and aid of Society.

The act entitled "An act to establish and maintain a state asylum for the indigent poor and maimed of this state" (Stats. 1879, p. 142)

is in plain conflict with this section. State ex rel. Keyser v. Hallock, 14 Nev. 202, 206, 207, 208 (33 A. R. 559).

ARTICLE 14.
BOUNDARY.

Description. 368. 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 North Westerly 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.

T. C. C. pp. 415, 503.

See" Act to define and establish a portion of the western boundary of the State of Nevada," post.

Seat of Government.

ARTICLE 15.

MISCELLANEOUS PROVISIONS

369. 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.

T. C. C. pp. 400, 499.

Official oath.

370. SEC: 2. Members of the Legislature, and all Officers, Executive, Judicial 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, nor 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 on which I am about to enter

(if an Oath) So help me God, (if an affirmation) under the pains and penalties of Perjury."

T. C. C. pp. 402, 499.

The oath required by the constitution is an oath an officer is required to take when he is about to enter office, as distinguished from the primary election oath, which is one of fealty to a party, as a candidate for office, and is not regulated or imposed by the constitution. Riter v. Douglass, 32 Nev. 400 (109 P. 457).

The direct primary law of March 23, 1909 (Stats. 1909, c. 198) is not invalid because it requires of candidates an oath of fealty to their party which differs from the oath required by this section, since this section applies only to persons about to enter office. Riter v. Donglass. 32 Nev. 400 (109 P. 445).

[ASSEMBLY JOINT AND CONCURRENT RESOLUTION, RELATIVE TO AMENDING SECTION TWO OF ARTICLE FIFTEEN OF THE CONSTITUTION OF THE STATE OF NEVADA PERTAINING TO THE OFFICIAL OATH.

Approved March 18, 1911.

Resolved by the Assembly, the Senate concurring, That section two of article fifteen of the constitution of the State of Nevada be amended so as to read as follows:

SECTION 2. Members of the Legislature. and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath: 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 notwithstanding, and that I will well and faithfully perform all the duties of the office on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.]

of

[Proposed and passed at the Twenty-fifth session of the Legislature. Stats. 1911, p. 458].

Who eligible to office.

371. SEC. 3. No person shall be eligible to any office, who is not a qualified elector under this Constitution. No person who, while a citizen 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 the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this State one year, and in the county or district

six months next preceding any election to fill either of said offices, shall be eligible to the offices of Superintendent of Public Schools and School Trustee.

[As amended. Proposed and passed at the Thirteenth Session of the Legislature, March 3, 1887, Statutes of 1887, page 162; agreed to and passed at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 1889, page 151, and approved and ratified by the people at a special election held February 11, 1889.]

T. C. C. pp. 401, 499.

[SEC: 3. No person shall be eligible to any Office who is not a qualified elector under this Constitution. No person who while a citizen 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.]

T. C. C. pp. 401, 499.
Original as above.

[ASSEMBLY CONCURRENT RESOLUTION NO. 3, RELATIVE TO AMENDING SECTION 3, ARTICLE 15 OF THE CONSTITUTION OF THE STATE OF NEVADA.

Passed March 12, 1909.

Resolved by the Assembly and the Senate, conjointly, That section three, article fifteen, of the Constitution of the State of Nevada be amended so as to read as follows:

SECTION 3. No person shall be eligible to any office who is not a qualified elector under this Constitution. No person who, while a citizen 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 the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this State one year, and in the county or district six months, next preceding any election to fill either of said offices, or the making of such appointment, shall be eligible to the office of Superintendent of Public Instruction, Deputy Superintendent of Public Instruction, School Trustee, and Notary Public.]

(Proposed and passed at the Twenty-fourth Session of the Legislature, March 12, 1909, Stats. 1909, p. 349; agreed to and passed at the Twenty-fifth Session, February 21, 1911, Stats. 1911, p. 454, and is now subject to ratification by the people at the next general election to be held in 1912.]

Perpetuities.

372. SEC: 4. No perpetuities shall be allowed except for eleemosynary

purposes.

T. C. C. pp. 406, 502.

Where it was claimed that a person assuming to act as probate judge of Carson County, Utah Territory, had granted a perpetuity of franchise in a toll-bridge in Nevada Territory: Held, that even if such claim of monstrous power were admitted, yet the pretended

Date of general election.

grant was void, because there was no Carson County, Utah Territory, after the erection of Nevada Territory. and there consequently could not have been any probate judge, even de facto, of such county. State ex rel. Boardman v. Lake, 8 Nev. 277, 284.

373. SEC: 5. The General election shall be held on the Tuesday next after the first Monday of November.

T. C. C. 413.

Legislature limited.

374. SEC: 6. The aggregate number of members of both branches of the Legislature shall never exceed Seventy five.

Offices at county seat.

375. SEC: 7. All county Officers shall hold their Offices at the county seat, of their respective Counties.

Cited. Evans v. Job, 8 Nev. 341, 342.

Publication of statutes and reports.

376. SEC: 8. The Legislature shall provide for the speedy 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.

Cited, State ex rel. Torreyson v. Grey, 21 Nev. 383 (19 L. R. A. 134. 32 P. 190).
Cited, State ex rel. Howell v. LaGrave, 23 Nev. 374, 384, 386 (48 P. 674).
Cited, State ex rel. Josephs v. Douglass, 33 Nev. - (110 P. 177).

Salaries may be increased or diminished.

877. SEC: 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or Compensation shall apply to any Officer during the term for which he may have been elected.

378. SEC: 10. All Officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.

379. SEC: 11. The tenure of any Office not herein provided for, may be declared by law, or when not so declared, such office shall be held 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.

380. 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.

381. SEC: 13. The enumeration of the inhabitants of this State shall be