Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-28

be by sections. and the ayes and noes must De
taken on the final passage Of every Dill or JOINT
resolution A majority of all the members elect
ed to each house Is required to pass any Dill or
resoIut tion. Accurate statements Of receipts and
expenditures must be published with the laws, at
every regular session. All laws must be general
and uniform in operation, as far as possible, ana
local or special legislation Is expressly Nroidden
Regulating the Jurisdiction and dutles Oh Jus
tices of the Peace and Constables; TOR the pun
ishing of crimes and misdemeanorsi regulating
the practice Of courts of justicei providing Tor
changing the venue in civil and criminal cases:
granting divorces; changing tho names OF per-
sons; Yacating roads, town plots, streets, alleys
and public squares summoning and impannel'
ling grand and petit jurios, and providing for their
compensation; regulating county and township
business; regulating the election Of county and
township officers for the assessment and collec-
tion of taxes for State; county and township pnr
poses providing for opening and conducting
electionA Of State, county or township officers
and designating tbs places Of voting; providing
for the sale Of real estate belonging TO minors
other persons iaboring under legal disabilities.
uniform system OF county and township govern
Inent is required to be established. Lotteries and
the saleof lottery tickets are prohibited. Extra
compensation to officers and employees Of the
Legislature Is forbidden. The first regular ses-
sion IL limited to ninety days, subsequent Ses.
sons Of sixty days; and special sessions, con-
yened by the Governor, to twenty days. a
be exempted from forced sale, except in certain
| enumerated cases Provision Is made for seeur-
ing tho separate property OF wife. The county
officers to be elected are specified, the Legisla-
ture TO prescribe their duties and compensation.
The compensation oflegisators cannot be chang
ed during their terms each member IL allowed
not exceeding $50 per session for stationery,
newspapers, postage, ETC.; " day aaditlonal "
allowed the presiding officers of each branch.
Elections OF United States Senators are to be
| - II. l1fYt
next preceding the expiration of the Senatorial
| term, or Immediately after the happening OF a
vacancy; in 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
mem mbers elected to each branch are necessary 10
pass any bill over the Governors veto. The
Governor ID allowed FIVE days during the session.
or ten days thereafter, within which TO veto
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 tho Senate TO hold secret executive ses'
sions permitting special legislation respecting
fees and salaries, and the interest on money
omiLting the specification OF the amount or value
of the homestead exemption and leaving that TO
be provided for by law omitting 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 or the LegaIature,ete
ARTICLE V-EXECUTTVE DEPARTMENT.
Vests the executive power In a Governor, to be
elected for four years, who must be qualified
elector twenty five years Of age, and, except at
the first election for two years preceding bis cleo
ton, resident of the State. Provides for canvass
Ing election returns for Governor and other state
officers. The Governor Is Commander.in- Chief 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 I'LL vacancies
in Office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature, but at such sessions no legis-
lRtive business may be transacted, except such
as the Governor may call attention TO. He has
power, In case OF disagreement between the two
Houses az to the time OF adjournment, to adjourn
the Legislature 10 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 reprieyeS not eH
ceeding sixty days The Governor, Justices Of
the supreme Court and Attorney General are
constituted Court of Pardous, except in cases
of treason and impeaehmentS 4 Lieutenant
| Governor Is TO be elected at the same time and
| for the same term "a the Governor. The usual
powers and duties of such officer ara prescribed
A Secretary Of State Treasurer, Controller, sur
| veyor General aud Attorney General are slso
| 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 BoPrd Of Ex.
aIniners, TO audit all claims against the State,
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the LIE.
giElature.
The only change OF importance from the old
Constitution in this Article IL providing for the
election Of Surveyor General.
| ARTICLE VI-JUDIcIAL DEPARTMENT.
Vests the judicial power Of the State In Su-
prene Court, consisting Of Chief Justice and
| two Associate Justices with power In the Legis-
larure to add two assocates) nine District Courts
(at presen0 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 lx years each, but those first elected
are TO draw for long and short terms, so that one
/ will go ont of office every two years. The Su.
| preme Court has appellate jurisdiction In all
cases in equity, aud in all cases at law Involving
real estate or mining claims, the legality Of taxes,
assessments, hneS, ETC., where the amount in con-
| troversy exceeds three hundred dollars also on
questions of law alone, in criminal cases amount.
| ing 10 felony. The State IL divided into nine Jn.
dicial Districtsi Storey county constituting the
| First, Ormsby the second, Lyon the Third,
| Washoe the Fourth, Eye 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 tho number OF districts or
Judges. The First, or Storey District, has three
! District Judges with q co-extensive 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 tho Su-
preme Court has appellate jurisdiction also, re.
iatiug TO estates of deceased persons and persons
and estates of minors and insane persons and Of
tho action Of forciIle entry and unlawful detaner
and of all criminal cases not otherwise provided
I hk--law They luYA final AODNlllte Jurisdiction
| in all cases arising in Justices Courts aud other
| Inferior tribunals. The Legislature determines
the number Of Justices of the Peace In each city
and township, aud fixes their duties and compen'
| sation. Justices Courts have Jurisdiction only
Of cases not coming within tho Jurisdiction Of the
| District Courts, provided they may have such
I criminal jurisdiction as may be conferred by law
| and the Legislature may confer upon them juris
diciion concurrent with the District Courts In the
| enforcement Of mechanics liens, not exceeding
S3OO. and of actions for the possession of lands
| and tenementS in certain specified csseI. The
q! Supreme Court, District Courts, aud such other
| Courts a. the Legislature may determine, are
| Courts Of Record Their Judges are not allowed
to receive fees and perqusites for their own use
Judges are ineligible to other than judicial Offices
| during their terms Provision is made for docket
4 fees, to be applied toward the payment of the
| salaries Of Judges. No leave Of absence eau be
granted to any Judicial officer and the absence
of such officer from the State for ninety days va
! Gates his Office. --.'.- '... ~ ..'f ..-
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 vH-MPEAcHAESr AND REMOVAL
! ..... FROM OFFICE. r.r r...... a.
Provides for impeaching by the Assembly, and
trials by the Senate, the Chief Justice to 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.
dicial officers, except Justices Of the Peace, are
| liable to impeaehment for misdemeanor or mal.
feasance IN Office /; but Judgment can only extend
to removal aud disqualification from holding
/ Office. The party is liable, however, to indict-
ment and trial according TO law, ii the offense
| !. indictable. The Judges Of the supreme aud
| District Courts are also liable to be removed
rom Office, after hearing, BY vote Of two
thirds Of the members elected 70 each branch Of
the Legislaturs. Provision may be made by law
bfor.the removal OF other civil ofiicerk
| This Article u; substantially the same a. that
in the old Constitution, except tho provision re.
quiring the Chief Jpstice 20 preside at tho trial
OF Governor or Lieutenant Governor. . D.
ARTICLE vIII-aUN1cIPGL AND OTHER coRPoR.
| " pr. 5000 ATI0Ns. 7.-. '.+
Prohibits special legislation In regard to cor.
porationI, except for municipal purposes On.
4 all0wE cnrnnrHtionR IN he formed under genera