Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-05
CONSTITUTION OF NEVADA.

toWnbuiP oHiceTs lot the assessment ana 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 laboring under legal disabilities A
| uniform system of county and township govern.
ment is required to be established. Lotteries and
| the sale of lottery tickets are prohibited Extra
| compensation to officers and employees of the
| Legislature is forbidden. The first regular SEES.
sion Is limited to ninety days, subsequent ses
sions of sixty days; and special sessions, con.
vened by the Governor, TO twenty days. 4
homestead " rs provided by law" is required to
| he 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 LegiSlR-
| turs 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. ~ day additional is
| allowed the presiding officers OF each oranch-
| Elections Of United States Senators are 10 be
made in Joint Convention by the Legislature
next preceding the expiration Of the Senatorial
| term. or Immediately after the happening OF q
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
| 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 Ii 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 lad
| 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 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 TO
be provided for by law emitting the section ior-
bidding the passage of any law authorizing mar
ried women to act az sole traders emitting The
Limitation of the salaries of county officers and
the per diem of the members ofthe Legslature,etc
ARTICLE v-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 at
the first election, for two years preceding his elec
tlon resident of the State Provides for canvass
ing election returns for Governor and other state
| officers. The Governor Ii COMMANDMENT h1eI Oh
I the military forces Of the State, except when
called into the service ofthe United States: he ID
10 transact all executive business, see 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 sucn
az 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 ~ he may think
proper, but not beyoHd the time for the meet.
ing of the next Legislature. He may suspend
fines and forfeitures and grant reprieyes 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 as the Governor. The usual
powers and duties Of such officer are prescribed
| r. nnntr NllarS SIR
yeyor 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 Boerd OF Elk
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 Lee
The only change of Importance from the old
Constitution in this Article is providing for the
election of Surveyor General.
ARTICLE vI-JUDIcIAL DEPARTMENT.
Vests the judicial power of the State IN Su'
preme Court, consisting Of d Chief Justice and
two Associate Justices with power in the Legis-
lature to add two assocaies), 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 are to be elected at general
elections for six years EACH but those first elected
are to draw for long and short terms SO that one
will 20 out Of Office every two years. The sn.
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.
dlcial Districts Storey county constituting the
First, 0rmsby the Second Lyon the Third,
Wsshoe 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 Frat, or Storey District, has three
District Judges with a co-extensive and concur
rent jurisdiction. The District Judges are to be
elected for four years, and are to be paid out OF
fthe 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-
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 cOmpen-
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'
diction concurrent with the District Courts III 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 arc
Courts of Record. Their Judges are not allowed
to receive fees and perquistes 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
cates 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
| d.. FROM OFFICE.
Provides for impeaehing by the Assembly. and
trials by the Senate, the Chief Justice to preside
a 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
liable to Impeachment for misdemeaDor or NAL:
feasance in Office but judgment can only extend
| to removal and disqualification from holding
Office The party Is liable, however, 10 indict
ment and trial according to law, II the offense
Is indictable. The Judges Of the Supreme and
District Courts are also liable to be removed
rom office, after a 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 Ia substantially the same as that
In the old Constitution, except the provision re.
Quiring the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE vrn-MuNIC1PALA AND OTHER coRPoR
". .H"- "a ATOMS. 9:
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 Ike 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 loauing their credit except Tor
procuring supplies Of water. The State is pro-
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