Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-06

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reEolu tlon. Accurate statements of receipts and
expenditures must BE- published, with the laws, at
| every regular session. All laws must be general
I and uniform in operation, as far as possible and
local or special legislation Ia expressly forbidden
Regulating the jurisdiction and duties Of Jus.
tIces Of the Pence ind ConStabIes for the pun
| lshing 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, alleys
and public squares summonIng and timpannrl-
hing grand and petit juries, and providing for their
compensation regulating comfy and township
business regulating the election of county. and
township officers for the assessment and collpc.
tion of taxes for State, county and township pur.
| poses; providing for opening and conducting
| elections of State, county or township officers
| aud designating the places of voting; providing
for the sale of real estate belonging to minors or
other persons laboriDg under legal disabilities. A
uniform system of county and township govern
| lnent Ia required to be established Lotteries and
the sale of lottery tickets are prohibited. Extra
compensation to officers and employees Of the
I Legislature IL forbidden. The first regular ses.
sion Is limited to ninety days, subsequent ses-
| sions of sixty days. and special sessions, con.
vened by the Governor, 10 twenty days A
homestead " as provided by law" is required to
| be exempted from forced sale, except in certain
enumerated cases Provision Is made for sectir.
/
officers to be elected are specified, the Legisla'
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.; 90 day additional Is
allowed the presiding officers of each branch.
Elections Of United States Senators are 10 be
made in Joint Convention by the Legislature
next preceding the expiration oftha Senatorial
term, or immediately after the happening Of a
vacancy in case offallure ofthe two Houses to
meet In Joint Convention within twenty days for
this purpose, the Governor may call such Con-
vention or proclamation. 'Twothirds 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 10 veto q
bin and In the latter case the bill must be laid
before the next session of the Legislature. .ra
The changes in this Article from the old Con.
stitution 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
omitting the specification of the amount or value
Of the homestead exemption, and leaving that to
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
the per diem of the members ofthe Legislature,etc
ARTICLE v-ExEcUTIvE DEPARTMENT. -L.
elected for four years, who must be q qualified
elector. twenty-five years of age, and except at
the first election, ioS two years preceding his cleo
ton, resident of z. STATE Provides for canvass
ing election returns fOf Governor and other State
officers. The Governor is COMMANDMENT Chief Of
the military forces of the State, except when
called Into the service Of the United States. He is
| to transact all executive business, see that the
laws are faithfully executed and to I'LL vacancies
In ofhce by appointment where not otherwise
provided for. He may convene special sessions
of the Legislature, but at such sessions no legiS-
latire business may be transacted, except such
as the Governor may call attention to. He has
power, in case Of disagreement between the two
Houses TO the time of Adjournment, 10 adjourn
the Legislature to such time ns 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 reprleves not ex.
ceeding sixty days The Governor, Justices Of
the Supreme Court and Attorney General are
constituted o Court of Pardons except In cases
Of treason and impeachments- A Lieutenant
Governor ia to be elected at the same time and
| for the same term as the Governor. The usual
powers and duties Of such officer nre prescribed.
A Secretary Of State, Treasurer, Controller, sur
| yeyor General and Attorney General are also
| provided for :and their power and duties pre-
seribed The Governor, Secretary Of state and
| Attorney General are constituted Board Of
| State Prison Directors, and also q BoPrd Of EX.
aminers, to audit all claims against the State,
except salaries or compensation hxed by law, be-
| fore Euch claims can be passed upon by the Le-
| gsisture. ~..- 7' . .'---.'
The only change of Importance from the old
Constitution In tLis Article is providing for the
| election Of n Surveyor General.
t.. ARTICLE ,vI-JuDIcIAL DEPARTMENT.
Vests the Judicial power Of the State In q Sn-
| preme Court, consisting of Chief Justice and
two Associate Justices (,Sith power In the Legis
lature to add two associates), nine District Courts
Ia = IL
| 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 lix years each, but those first elected
are 10 draw for long and short terms, that one
will go out Of office every two years. The Su.
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.
troyersy exceeds three hundred dollars also Oh
questions Of law alone, in criminal cases amouiit
ing TO felony. The State is divided into nine Ju-
dtciul 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 70 the Wasboe district. The Legislature
may alter or change tho districts hereafter; or
Increase or diminish the number Of districts or
Judges. The First, or Storey District, has three
District Judges with a co.e1tensve and concur
rent jurisdiction, The District Judges are to be
elected for four years, and are to be paid out Of
the treasures Of the counties comprising their re-
spective Districts. The District Courts have
original Jurisdiction In all cases wherein the Su-
preme Court has appellate Jurisdiction also, re.
lRtnk to estates Of deceased persons, and persons
and estates of minors and insane persons, and of
the action Of forcible entry and unlawful detalner,
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 and 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 as may be conferred by law,
and the Legislature may confer upon them Juris-
diction concurrent with the District Courts In the
enforcement of mechanics liens, not exceeding
$500 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, are
Courts of Record Their Judges are not allowed
10 receive fees and perqusiteS for their own use
Judges are 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
granted TO any judicial officer, and the absence
Of such officer from the State for ninety days va.
Gates his office. ..-.--.r- IL '-'.-" d
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 .l..-...f q,
ARTICLE VII = IMPEACHMENT AND REMOVAL
FROM OFFICE. .rrf 10
Provides for impeaching by the Assembly, and
trials by the Senate the Chief Justice TO preside
at the trial of Governor or Lieutenant Cover
nor and two thirds of the Senators elected to
be necessary for conviction. All State and ju.
dlciaf officers, except Justices Of the Peace, are
Liable to impeachment for misdemeRnor or NAL:
feasance in Office but judgment can only extend
10 removal and disqualification from holding
Office. The party Is iliable, however, to ndict-
ment and trial according to law, II the offenSe
II indictsble. The Judges Of the Supreme and
District Courts are also liable to be removed
rom Office, after hearing, by vote OF two.
thlrdA of the members elected to each branch of
the Legislature. Provision may be made by law
for theremovai of other civil offlcerS s.iNE=.G
This Article IL substantially the same NJ that
In the old Constitution, except the provision re.
quirng the Chief Justice 20 preside At the trial
Of Governor or Lieutenant Governor. .-..... .
ARTICLE yIII-MUSICIPAL AND OTHER CoRPoR.
" '4'a-' s' '.'' '-'.- -ATTONS. 'H'+' a.' 90
IA Prohibits special. legislation In regard to cor.
porationB excep. tor municipal purposes, but
allows corporations 70 be formed under general
Laws Property Of corporations Is subject to tax