Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-30
CONSTITUTION OF NEVADA.


business; regulating the election of county ana
township officers for the assessment and eonec-
ton of taxes for State, county and township pur-
poses providing for opening and conductihg
elections of State, county or township ofneers,
and designating the places of voting providing
for the sale of real estate belonging to minors or
other persons laboring under legal disaDinIieS.
uniform system of county and township govern:
ment Is required to be established. Lotteries anu
the sale of lottery tickets are prohibited. Extra
compensation to officers and employees OF the
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, to twenty days,
homestead "as provided by law" Is required TO
be exempted from forced sale, except IN certain
enumerated cases. Provision Is made for secur'
ing the separate property of q wife, The county
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. So 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 tho expiration of the Senatorial
term, Immediately after the happening of q
vacancy; in case offailure of the two Houses 10
meet in Joint Convention within twenty days for
this purpose, the Governor may call such Con.
vention or proclamation. Two-tbirds of all the
members elected TO each branch are necessary TO
pass any bill over the Governors veto. The
Governor Is allowed five days during the session,
or ten days thereafter, within which to veto Il
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-
stitution are numerous Among them are al.
lowing the Senate 10 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
Ofthe 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 ofthc Legislature, etc.
ARTICLE y-EXECUTIYE DEPARTMENT.
Vests the executive power in Governor, to be
elected for four years, who must be qualified
elector, twenty-five years of age, and, except ut
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 is Commander.inC 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, that the
laws are faithfully executed and to fill vacancies
| in Office by appointment where not otherwise
| provided for. He may convene special sessions
of the Legislature but at such sessions No legis
| lative business may be transacted, except such
as the Governor may call attention to. He has
power In case of disagreement between the two
Houses as 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 reprieves not ex-
| ceedlng 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 to be elected at the same time and
| for the same term rs the Governor The usual
powers and duties of such officer are 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 Il Board of
| State Prison Directors, and also Board of Ex-
| aminers, to audit all claims against the State,
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Le-
gislaturc.
The only change of Importance from the old
| Constitution in this Article is providing for the
election Of a Surveyor General
| ARTICLE vI-JUDICIAL DEPARTMENT.
Vests the judicial power of the State in a Su-
| preme Court, consisting of q Chief Justice and
| two Associate Justices with power in the Legis-
ature to add two associates nine District Courts
| lat presenD and Justices of the Peace. The
| Legislature may also establish Municipal Courts
| In Incorporated cities and towns The Justices OF
| the Supreme Court arc 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 go ont 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 mining cluims, the legality of taxes
assessments, fines, etc, where the amount in con-
| troversy exceeds three hundred dollars also Oh
questions of law alone, in criminal cases amount.
ing 10 felony. The State is divided into nine Ju-
|
! First, 0rmsby the Second, Lyon the Third
| Washoe the Fourth, Nye and Churchill the Fifth,
| Humboldt the Sixth, Lander the Seventh, Doug.
| las the Eighth, EsmeraldR the Ninth. Roop Is
| attached 10 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-eXtensive and concur.
rent jurisdiction. The District Judges are TO be
elected for four years, and are to be paid ont OF
the treasures of the counties comprising their
spective Districts The District Courts have
| original jurisdiction in all wherein the SUI.
preme Court has appellate jurisdiction F.; also, re-
lating to 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 and compel-
sation. Justices Courts have Jurisdiction only
ofcases 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-
| dcton 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
! Na he nCinl at1 may loft nrp
Courts of Record. Their Judges are not allowed
to receive fees and perquisites 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
| Gates his Office.
This Article is radically different from the cor.
responding Article of the old Constitution, where
| III the Judicial system was copied substantially
from that of California
ARTICLE IMPEACHMENT AND REMOVAL
| FROM OFFICE
Provides for impeaching by the Assembly, and
trials by the Senate the Chief Justice to preside
| at the trial of IA Governor or Lieutenant Cover
nor and two.thirds of the Senators elected TO
| be necessary for conviction. All State and iu-
dicial officers except Justices Of the Peace, are
| liable to impeachment for misdemeanor NAL
| 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
| IN indictable. The Judges of the Supreme and
District Courts also liable TO be removed
from Office, after hearing, by vote of two
| thirds of the members elected to each branch of
| the Legislature. Provision may be made by law
| for the removal of other civil officers.
| This Article is substantially the same rs that
In the old Constitution except the provision
| qurfng the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor.
ARTICLE vIII--MUNICIPAL AND OTHER CoRPoR-
ATOMS
Prohibits special legislation in regard to cor.
porations, 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
shall 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 as
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