Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-26

business regulating the election OF county snu
township officers for the assessment anu cons.
ton Of taxes for State, county and TOWNSHIP pn,,
poses providing for opening and conuGcuns
elections of State, county or township ofneers,
and designating the places Of voting ProrIlns
for the sale of real estate belonging 20 minors vi
other persons laboring under legal disaoiliiieS
uniform system Of county and township Bofe,
ment il required to be established. Lotteries uo
the sale of lottery tickets are prohibited. ExLs
compensation to officers and employees OF the
Legislature il forbidden. The first regular ses
sion IL limited TO ninety days, subsequent seS
slons of sixty days; and special SESSIONS eon'
vened by the Governor, to twenty days
homestead as provided by law, " is required 10
be exempted from forced sale, except in certain
enumerated cases. Provision il made for secur'
ing the separate property of u wife. The county
officers TO be elected are specified, the Leglsla'
ture to prescribe their duties and compensation.
The compensation of Legislators cannot be chang.
ed during their terms; each member is allowed
not exceeding 500 per session for stationery
newspapers postage, etc; 81 n day additional Is
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 a
vacancy; in case offaure of the two Houses to
meet in Joint Convention within twenty days for
this purpose, the Governor may call such Con-
yention or proclamation. Two.thirds OF all the
members elected to each branch are necessary TO
pass any bill over the Governors veto. The
Governor is allowed Ave 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-
stitutiou 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
emitting 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
the per diem of the members ofthe Legislature etc.
ARTICLE v-EXECUTIvE DEPARTMENT.
Vests the executive power In Governor, to be
elected for four years, who must De qualineu
elector, twenty-five years of age, and, except at
the first election, for two years preceding bis elec'
ton, resident of the State Provides for canvass
ing election returns for Governor and other state
officers The Governor is Commander.in.Chiefo OF
the military forces of the State except when
called into the service of the United States. He
to transact all executive business see that Inc
laws are faithfully executed, and to NIL vacancies
In Office by appointment where not otherwise
proyided for. lie may convene special sessions
of the LEGISLATURE but Mt such sessions no leBls-
latiye business may be transacted, except sucn
az the Governor may call attention 10. lie mas
power, in case of disagreement between the TWO
Houses az to the time of adjournment, 10 ADJOURN
the Legislature to such time as he may thihK
proper, but not beyond the time for the meet,
ing of the next Legislature. He may suspend
fines and forfeitures and grant reprieyes not e%,
ceeding sixty DAYS The Governor, Justices OF
the Supreme Court and Attorney General are
constituted q Court Of Pardons, except IN cases
of treason and impe8chments. a Lieutenaht
- cd NJ he
for the same term AZ the Governor. The usual
powers and duties Of such officer are prescribed.
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 oil
| State Prison Directors, and also Board OF tx
amIners, 10 audit all claims against the State
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Le'
| gislature. :,
The only change Of importance from the old
Constitution in this Article is providing for tile
election of Surveyor General
ARTICLE vI-JuDIcIAL DEPARTMENT.
Vests the judicial power of the State In Su
| preme Court, consisting of Chief Justice and
| two Associate Justices with power in the Legs
ature to add two associates), nine District Courts
| (nt presenO and Justices of the Peace. Th(
| Legislature may also establish Municipal Courts
| in Incorporated cities and towns. The Justices
| the Supreme Court are 10 be elected at general
elections tor six EACH but those first elected
are TO draw for long and short terms, so that on(
! will 60 out of Office every two years. The IN.
preme Court has appellate Jurisdiction IN all
cases in equity and In all cases ut 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
Judges. The First or Storey District, has three
District Judges with q co-eItenslve and concur
rent Jurisdiction The District Judges are 10 be
elected for four years, and are 10 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 SUI
preme Court has appellate jurisdiction also, re-
iating to estates of deceased persons and persons
and estates of minors and insane persons, and of
the action of forcble 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 and compen-
saton. Justices Courts have jurisdiction only
of cases not coming within the Jurisdiction OF the
District Courts, provided they may have such
criminal jurisdiction ~ may be conferred by law
and the Legislature may confer upon them jurs.
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 az 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 IL 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.
This Article is radically different from the cor.
responding Article ofthe old Constitution, where
| in the judicial system was copied substantially
| from that of California.
| ARTICLE VII IMPEACHMENT AND REMOVAL
FROM OFFICE.
Provides for impeachlng by the Assembly, and
trials by the Senate the Chief Justice to preside
\ u the trial Of 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
1 llHDl6 10 INSTRUMENTATION "a mo-
feasance in office but judgment can only extend
to removal and disqualification from holding
office. The party Is liable, however, to indct
ment and trial according to law, if the offense
IL indictable. The Judges Of the Supreme and
District Courts are also liable to be removed
! from office, after a hearing, by vote Of two.
thirds Of the members elected TO each branch oil
| the Legislature Provision may be made BY law
for the removal of other civil officers
This Article Is substantially the same E that
in the old Constitution, except the provision re,
curing the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor
ARTICLE vIII-AUEICIPAL AND OTHER coRPoR-
| ATOMS.
Prohibits special legislation in regard TO cor.
poratlons, except for municipal purposes, but
allows corporations TO be formed under general
laws Property of corporations Is subject to tax
alton like that Of individuals. Corporators in
CORPORATIONS formed under che laws Of the State
shail not be individually liable for the debts or
liabilities of such corporations No bank notes or
paper of any kind can be allowed to circulate az
money except the Federal currency and the notes
of banks authorized under the laws of Congress
General laws must be passed for the organization
of cities and towns, and restricting their powers
of taxation, assessment, borrowing money con.
tracing debts and loaning their credit except for
procuring supplies of water. The State Is pro.
hibited from loaning or giving money or its cred.
It, or subscribing to the stock Of any corporation