MCCLINTON-DUNNE-NOURSE-FRIZELL-BANKS-JOHNSON.

tion, the Chief Justice of the Supreme Court and the granting a commission," and insert the words

Mr. DUNNE. That section seems to require some amendment. I do not know exactly what it should be, but there should be some change in the concluding lines-" which [commission] shall expire at the next election and qualifica-Legislature shall transact no legislative business extion of such officer." That seems to apply to the next incumbent.

Friday.]

BROSNAN-JOHNSON-NOURSE-HOVEY-BANKS.

[July 8.

No amendment being offered, the section was should be stricken out where it occurs before adopted. the word "grant," so as to read, "and grant reprieves," etc.

Section 12 was read, as follows:

SEC. 12. No person shall, while holding any office under the United States Government, hold the office of Governor, except as herein expressly provided. No amendment being offered, the section was adopted.

PARDONING POWER.

Section 13 was read, as follows:-

SEC. 13. The Governor shall have the power to suspend the collection of fines and forfeitures, and to grant reprieves for a period not exceeding sixty days, dating from the time of conviction, for all offenses, except in cases of impeachment. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the Legislature should fail or refuse to make final disposition of such

case, the sentence shall then be enforced at such time and place as the Governor, by his order, may direct. The Governor shall communicate to the Legislature, at the begining of every session, every case of fine or forfeiture remitted, or reprieve, pardon, or commutation granted, stating the name of the convict, the crime of

which he was convicted, the sentence, its date, and the date of the remission, commutation, pardon or reprieve.

Mr. BROSNAN. I move to amend this section by striking out the words, “to suspend the collection of fines and forfeitures." I do not like to give that power to any single man.

Mr. BROSNAN. Upon examination of the section, I see that the gentleman from Ormsby is right-that the power here granted is merely to postpone sentence. I, therefore, withdraw my amendment. But I am not satisfied with the section yet. It says:

"The Governor shall communicate to the Legislature, at the beginning of every session, every case of fine or forfeiture remitted, or reprieve, pardon or commutation granted."

Now, if a forfeiture is remitted, it is blotted out forever. If these things are to be done by the Governor, there is no use, it seems to me, in applying to any ultimate power, stating the name of the offender, the character of the offense, and what is to be, or has been done, in regard to such offense.

Mr. HOVEY. I would suggest that the gentleman refer to the next section, by which the Pardoning Board is to be established.

Mr. BROSNAN. Well, the language here is, nevertheless, inappropriate. For. I hold that the word "remit," implies to blot out entirely. It says "the Governor shall communicate every case of fine or forfeiture remit ted,” etc.

The CHAIRMAN. The Chair begs leave to suggest that the pardoning power is exercised by the board, and the Governor is merely required to report their action to the Legislature.

Mr. NOURSE. I think a careful examination

of the first few lines of the section will show that, as it at present stands, the power of the Governor is unlimited, for the suspension of fines and forfeitures, at all events. In order to make sure of this matter, I suggest that we forfeitures, strike out the word "to," after

Mr. JOHNSON. I think it will not be found that this section invests the Executive with that Mr. JOHNSON. That is it, exactly. And I extraordinary power. It will be seen by a close examination of the section, that it does think the recollection of the gentleman from not propose to invest the Executive with the Storey. (Mr. Brosnan,) will serve him in that power of pardoning at all, but he is to consti- particular. We thought, in the last Convention, tute one of a board which is invested with that that the Governor would be the proper person power. Now, the object of this and the succeed-upon whom to devolve the duty of reporting to ing sections, and the extent to which they go, the Legislature the official action of the Board is merely this--that until such time as the Pardon- of Pardons, of which he is ex-officio a member. ing Board can meet to consider any given case, it shall be within the power of the Executive to suspend the enforcement of sentence-" to suspend the collection of fines and forfeitures, and to grant reprieves, for a period not exceeding sixty days." Then, after such suspension, the pardoning power is lodged in this Pardoning Board. I had the honor of submitting this section to the former Convention, and I then conceived it quite improper that the Executive should have the extraordinary power of absolutely pardoning any one, and for the strong reason that the responsibility should not rest upon one man alone. This portion of the section only operates to confer a power of suspension until such time as the Pardoning Board can pass upon the case, and I think the gentleman from Storey, (Mr. Brosnan,) will see the propriety of that provision.

Mr. NOURSE. Was it intended that the sixty days limitation should apply also to the matter of fines and forfeitures?

Mr. JOHNSON. I think the language can

bear no other construction.

Mr. NOURSE. Then I think the word "to

and."

Mr. BANKS. I hope that will be done, and that we shall also strike out the comma after the word "forfeitures," also.

Mr. NOURSE. No; I think that is not necessary; the meaning is plain, if we take out the word "to." I move to strike out the word "to." ,,

The question was taken on Mr. Nourse's amendment, and it was agreed to.

No further amendment being offered, the section was adopted.

Section 14 was read, as follows:

SEC. 14. The Governor, Justices of the Supreme Court, and Attorney General, or a major part of them,

of whom the Governor shall be one, may, upon such con

ditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, "commute punishments, and grant pardons after con

NOURSE-BROSNAN-BANKS-PROCTOR-DUNNE JOHNSON-LOCKWOOD.

Mr. JOHNSON. I am not prepared, at the SEC. 17. A Lieutenant Governor shall be elected at present moment, to say that this section is, or is the same time and places, and in the same manner as the Governor, and his term of office, and his eligibility, not, exactly right, but it occurs to me that it is shall also be the same. He shall be President of the not. Would it be right to require the Secretary Senate, but shall only have a casting vote therein. If, of State to keep a true record of the proceedduring a vacancy of the office of Governor, the Lieu-ings of the Legislature, when the records of tenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled or the disability cease.

Friday,]

DUNNE-BANKS-LOCKWOOD-COLLINS-BROSNAN-JOHNSON.

[July 8.

Mr. DUNNE. I think their terms should be board? Would it not be better, for instance, the same as that of the Governor; but as there is to be a reconsideration moved hereafter, in respect to the term of the Governor, I will not offer any amendment at this time.

No further amendment being offered to Section 20, the section was adopted.

Section 21 was read, as follows:

SEC. 21. The Governer, Secretary of State, and Attorney General, shall constitute a Board of State Prison Commissioners, which Board shall have such supervi

sion of all matters connected with the State Prison as may be provided by law. They shall also constitute a "Board of Examiners," with power to examine all claims against the State (except salaries or compensation of officers fixed by law,) and perform such other duties as may be prescribed by law.

Mr. BANKS. I move to amend this section by adding to it the following:

"

And no claims against the State, except salaries, or compensation of officers fixed by law, shall be passed upon by the Legislature, without having been consid

ered and acted upon by said Board of Examiners."

derstand that amendment.

that the Controller should be named, who, with the Secretary of State, would be at the Capital at all times, when required to consult with the Governor. It seems to me that would be better than to impose this duty upon a party who may reside at the remotest part of the State.

The CHAIRMAN. I would suggest that this objection could be removed by requiring all the State officers to reside and keep their offices at the Capital.

Mr. BROSNAN. That matter was discussed at the former Convention, and it was then thought that there was not salary enough attached to the office of Attorney General to justify such a requirement.

Mr. JOHNSON. It will be seen that the Attorney General is one of the State officers who are not required to reside at the Capital. As the gentleman from Storey, (Mr. Brosnan), remarked, it was thought, in view of the limMr. LOCKWOOD. I may be more obtuse ited amount of salary, and for other reasons, than other gentlemen, but I really do not un-perhaps, that it was not advisable to require him to keep his office here, and I will state one special Mr. BANKS. It merely provides that no reason, which has not been adverted to, why claims against the State shall be acted upon by it was thought best to designate him as one of the Legislature without first passing through the members of the State Prison Board, prethe hands of the Board of Examiners. The mising it with the suggestion that, for my own Chairman will recollect that in California, hav- part, I do not think it absolutely necessary that ing no constitutional provision on the subject, either of the members of this Board should rethe Legislature passed a law, and agreed to be side at the seat of Government. They will bound by it, of the same purport. It was a undoubtedly have stated times for their meetsort of tacit understanding, by which succeed-ings. I know it is so in California, where they ing Legislatures required all claims presented act under the operation of a law similar to this to be first passed upon by the Board of Exam- provision; and the Attorney General may be iners. Under that understanding, so long as it occupied in Washoe, in Storey, in Lyon, or in was observed, they stood in California just any other county, perhaps in some one of the where this provision would place the Legisla more remote counties, so that it possibly may ture of the new State of Nevada; but, some-not be convenient for him to be a frequent times, ignoring that law, gentlemen would bring attendant at the meetings of the Board. Yet, in claims, and have them acted upon in the even if he were absent, there would still be a Legislature, by means of lobby influence, in quorum for the transaction of business, and spite of the Board of Examiners. Now, I want therefore I do not know that it is essential for this rule understood and firmly established, that all claims, except salaries fixed by law, shall first pass through the hands of the Board of Examiners before they can be obtruded in any way upon the Legislature.

The question was taken, and the amendment was agreed to.

him to attend upon all the sessions. Now, the reason why these other officers should not be placed upon the Board of State Prison Comcapacity of members of the Board of Exammissioners is this-that in such case, in the iners, they would be required to pass upon their own expenditures. For example, the Controller would have to issue, and the Treasurer would have to pay the warrants drawn by the "The Governor, Secretary of State and Attorney Gen-bers; and it was deemed improper to conBoard of which, respectively, they are memsioners, which board shall have such supervision of all matters connected with the State Prison as may be provided by law."

Mr. COLLINS. I rise to make an inquiry. I see it is provided here that

eral shall constitute a Board of State Prison Commis

stitute an officer a member of the Examining Board, whose duty it would thereupon be to pass upon his own accounts. The members of Now, I think, that at the time of the election this Board of Examiners are not clothed with under the old Constitution last year, a person extraordinary powers as individuals, but they was chosen as Attorney General who was a may, as a Board, refuse to pass upon claims resident of Lander County, and I would inquire brought before them; hence the Attorney Genif the intention of this section is that the Attor-eral was mentioned as one of the officers to ney General shall be required to be a resident constitute this commission, and I think the at the Capital of the State; and whether it reasons I have mentioned should influence the would not be more proper to constitute some committee and induce it to retain him in that other of the State officers a member of that position.

K

Friday,]

DUNNE CROSMAN DELONG-BANKS-CHAPIN-NOURSE-PROCTOR.

No further amendment being offered, the section was adopted.

Section 22 was read, as follows:

SEC. 22. The Secretary of State, State Treasurer, State Controller, Attorney General, and Superintendent of Public Instruction, shall perform such other duties as may be prescribed by law.

No amendment being offered, the section was adopted.

Mr. DUNNE. I move that the committee rise, report progress, and ask leave to sit again. Mr. CROSMAN. No, no! Let us recommend the passage of the articles we have gone through with.

Mr. DUNNE. Very well; I will make that motion, then.

The question was taken, and the motion was agreed to.

IN CONVENTION.

[July 8.

COMMITTEE OF THE WHOLE.

Mr. DELONG. I now move that the Convention resolve itself into Committee of the Whole for the consideration of these articles.

The question was taken, and the motion was agreed to.

The Convention accordingly resolved itself into Committee of the Whole, (Mr. DeLong in the Chair), and proceeded to the consideration of the matters referred to it.

MUNICIPAL AND OTHER CORPORATIONS.

Article VIII, entitled Municipal and other Corporations, was first considered.

Section 1 was read, as follows:

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.

No amendment being offered, the section was

The PRESIDENT having resumed the Chair, The CHAIRMAN reported that the Commit-adopted. tee of the Whole had had under consideration Articles III, IV, and V of the Constitution, and had made sundry amendments thereto, in which they had directed him to ask the concurrence of the Convention.

The report was accepted.

Mr. DUNNE. I move that the rules be suspended, and that the articles just reported from the Committee of the Whole be ordered engrossed as amended, for a third reading.

TAXATION OF CORPORATIONS.

Section 2 was read, as follows:

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. The CHAIRMAN. The Chair suggests an

The question was taken, and the motion was inquiry, whether this does not contain the celeagreed to.

REFERENCE OF ARTICLES.

Mr. DUNNE. As Article VI, entitled Judicial Department, has been referred to a committee, I will move that Articles VII, VIII, IX, X, and XI, be taken up and committed to the Committee of the Whole.

The PRESIDENT. Has the Convention taken action upon referring the article on the Judiciary? I do not recollect such action; and if is was had, I think it must have been taken at some time when I was absent.

Mr. DUNNE. If there be any question about that action, it had better, perhaps, be decided. I will withdraw my former motion, and move instead, that Article IV, entitled Judicial Department, be referred to the Committee on the Judiciary.

Mr. DELONG. I move to amend the motion by referring, also, Article VII, entitled Impeachment and Removal from Office, to the same committee.

Mr. DUNNE accepted the amendment.

The question was taken, and the motion, as modified, was agreed to.

On motion of Mr. DUNNE, Article VIII, entitled Municipal and other Corporations; Article IX, entitled Finance and State Debt; Article X, entitled Taxation, and Article XI, entitled Salaries, were taken up, read a second time by title, and referred to the Committee of the Whole.

brated mining-tax clause.

Mr. BANKS. I think not.

Mr. CHAPIN. I move that it be adopted.
Mr. DUNNE. I wish to propose an amend-

ment.

Mr. BANKS. All that this section provides, if the Chair will allow me to make a suggestion, is just this. It provides that corporations, like individuals, shall be taxed on whatever property they own-that corporations having property, and A, B, and C, as private individuals, having property, that property shall all be taxed under the Constitution and laws of this State, the property of corporations being taxed just as though it were held by individuals.

Mr. NOURSE. Mr. PROCTOR. rights" include? The CHAIRMAN. It includes anything that a man has possession of, or a legitimate right to hold and use.

That is all it does.

But what does " possessory

66

Mr. DUNNE. I move to amend the section by the insertion of these words, after the words hereafter created "-"mines, and possessory claims thereto." Mr. CHAPIN. where.

That is provided for else

Mr. NOURSE. This section simply provides, as the gentleman from Humboldt, (Mr. Banks,) has said, that corporations shall be taxed just as individuals are taxed. I suppose nobody objects to that.