Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-26

taken on the final passage of every bill or joint
resolution. majority OF all the members elect
ed to each house is required to pass any bill or
resolu tion Accurate statements OF receipts ana
expenditures must be published, with the laws, at
every regular session. All laws must be- general
and uniform in operation, as far as possible and
local or special legislation is expressly forbidden
Regulating the Jurisdiction and duties OF JUS
tices of the Peace md ConstBbles: for the pun
ishing Of crimes and misdemeanOrs; regulating
the practice of courts of Justice; providing for
changing the venue in civil and criminal cases;
granting divorces; changing the names OF per-
sons; vacating roads, town plots, streets, aleys
and public squares summOning and impannel-
ling grand and petit juries, and providing for their
compensation; regulating county and township
business regulating the election Of county and
township officers for the assessment and collec
ton of taxes for State, county and township pur
poses providing for opening and conducting
elections of State, county or township Officers
and designating the places Of voting; providing
for the sale of real estate belonging to minors or
other persons lsboring under legal disabilities.
uniform system Of county and township govern
ment in required TO be established. Lotteries and
the sale oflottery tickets are prohibited. Extra
compensation to officers and employees of the
Legislature il forbidden. The first regular ses.
sion ia limited TO ninety days, subsequent ses-
sions Of sixty days; and special sessions, con.
vened by the Governor, TO twenty days. a
homestead as provided by law IN required to
be exempted from forced sale, except in certain
enumerated cases. Provision il made for secur
ing the separate property of wife. The county
officers to be elected are specified, the Legisln
ture TO prescribe their duties and compensation.
The compensation Of Legislators cannot be chang.
ed during their terms each member is allowed
not exceeding $50 per session for stationery,
newspapers, postage, etc.; So day additional IL
allowed the presiding officers of each branch
Elections Of United States Senators are to be
made in Joint Convention by the Legislature
next preceding the expiration Of the Senatorial
term, or Immediately after the happening OF o
vacancy; III case offailure of the two Houses to
meet in Joint Convention within twenty days for
this purpose, the Governor may call such Con-
vention or proclamation. Two-thirds of all the
members elected TO each branch are necessary 10
pass any bill over the Governors veto The
Governor Is allowed five days during the session,
or ten days thereafter, within which TO veto a
bill; and in the latter case the bill must be laid
before the next session of the Legislature.
The changes in this Article from the old Con.
stituton are numerous. Among them are: al
lowing the Senate TO hold secret executive ses-
sions; permitting special legislation respecting
fees and salaries, and the interest on money
OmittiDg the specification of the amount or value
Of the homestead exemption, and leaving that 10
be provided for by law emitting the section for
bidding the passage of any law authorizing mar
ried women TO act as sole traders; emitting the
limitation of the salaries Of county officers, and
ARTICLE y-EXECUTIvE DEPARTMENT.
Vests the executive power in Governor, 10 be
elected for four years who must be Il qualified
elector twenty-five years of age, and, except at
the first election for two years preceding his cleo
ton, resident of the state. Provides for Canvass
ing election returns for Governor and other state
officers. The Governor il Commander-in-Chi of
the military forces Of the State except when
called into tho service of the United States. He Is
| to transact all executive business, see that the
laws faithfully executed, and to fill vacancies
| in Office by appointment where not otherwise
| provided for. lie may convene special sessions
of the Legislature, but ut such sessions no lcgS'
| lative business may be transacted except such
as the Governor may call attention TO- He has
| power, in of disagreement between the two
! Houses to the time OF adjournment, TO adjourn
! the Legislature to such time AS he may think
| proper. but not beyond the time for the meet.
| ing of the next Legislature. He may suspend
| fines and forfeitures and grant repreves no; ex-
| Cccding sixty days. The Governor, Justices Of
the Supreme Court and Attorney General are
constituted Court Of Pardons except in cases
of treason and impeachments. A Lieutenant
| Governor Is 10 be elected at the same time and
| for the same term as the Governor. The usual
powers and duties OF such officer prescribed.
| A Secretary Of State, Treasurer, Controller, sur
| veyor General and Attorney General are also
provided for and their powers and duties pre-
scribed. The Governor, Secretary of state and
| Attorney General are constituted @ Board Of
! State Prison Directors, and also d Bosrd Of ES-
| aniners, 10 audit all claims against the State,
except salaries or compensation liked by law, be-
fore such claims can be passed upon by the lie.
gisaturc.
The only change Of Importance from the old
Constitution in tlIs Article is providing for the
| election of a Surveyor General
| ARTICLE vI-JCDICIAL DEPARTMENT.
! Vests the judicial power of the State in O Su.
preme Court, consisting Of Chief Justice and
| two Associate Justices with power in the Legs-
lature to add two associates nine District Courts
(at presenD and Justices Of the Peace. The
| Legislature may also establish Municipal Courts
in incorporated cities and towns. The Justices of
the Supreme Court are TO be elected at general
elections tor six years each but those first elected
are to draw for long and short TERMS so that one
| will so out of Office every two years. The SUI
preme Court has appellate Jurisdiction in all
cases in equity, and in all cases at law involving
real estate or mining claims the legality of taxes,
assessments fines, etc, where the amount in con-
| troversy exceeds three hundred dollars also on
| questions of law alone, in criminal cases amount
ing TO felony. The State Is divided into nine Ju
dicial Districts; Storey county constituting the
| First. Ormsby the Second. Lyon the Third,
Washoe the Fourth, Nye and Churchill the Fifth,
| Humboldt the Sixth, Lander the Seventh, Doug
| las the Eighth. Esmeralda the Ninth. Roop is
attached to the Washoe district. The Legislature
| may alter or change the districts hereafter or
| increase or diminish the number of districts or
District Judges with n co.extensive and concur
rent jurisdiction. The District Judges are to be
elected for four years, and are 10 be paid out OF
the treasures of the counties comprising their rr
spcctive Districts The District Courts have
original jurisdiction in all cases wherein the Su.
preme Court has appellate jurisdiction also, re-
latng 10 estates Of deceased persons, and persons
| and estates of minors and insane persons, and Of
the action of forcible entry and unlawful detainer,
and Of all criminal cases not otherwise provided
by law. They have final appellate jurisdiction
| in all cases arising in Justices Courts and other
inferior tribunals. The Legislature determines
the number of Justices of the Peace In each city
and township, and fixes their duties aud compen-
sation. Justices Courts have jurisdiction only
of cases not coming within the Jurisdiction Of the
District Courts provided they may have such
criminal jurisdiction rs may be conferred by law,
and the Legislature may confer upon them jurs.
dction concurrent with the District Courts in the
| enforcement of mechanics liens not exceeding
$780, and of actions for the possession of lands
and tenements in certain specified cases. The
| Supreme Court, District Courts, and such other
Courts as the Legislature may determine, arc
Courts of Record. Their Judges are not allowed
TO receive fees and perquisites for their own use.
Judges ineligible TO other than Judicial Offices
during their terms. Provision is made for docket
fees TO be applied toward the payment Of the
salaries of Judges No leave OF absence can be
grnnted TO any judicial officer, and the absence
Of such officer from the State for ninety days va.
Gates his Office
This Article is radically different from the cor
responding Article Of the old Constitution, where
in the Judicial system was copied substantially
from that of California
| ARTICLE VII IMPEACHMENT AND REMOVAL
FROM OFFICE.
Provides for impeaching by the Assembly, and
trials by the Senate, the Chief Justice preside
| at the trial of a Governor or Lieutenant Cover.
| nor, and two-thirds of the Senators elected TO
| be necessary for conviction All State and ju.
dical officers, except Justices Of the Peace, are
| liable 10 impeachment for mSdemeanor or NAL
feasanee in Office but judgment can only extend
| TO removal and disqualification from holding
office. The party is liable, however, to indici.
ment and trial according to law, If the otfense
is indictable. The Judges Of the supreme aud
! District Courts arc also liable TO be removed
from office, after a hearing by vote Of two
thirds of the members elected to each branch Of
the Legislature. Provision NAV be made by law
for the removal of other civil oficers.
This Article is substantially this same as that
! in the old Constitution, except the provision re:
quiring the Chief Justice 20 preside at the trial
j of Governor or Lieutenant Governor.
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