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

township officers for the assessment and collec-
ton OF taxes for State, county and township pur.
poses ProVidin8 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 10 minor. 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 oflottery tickets are prohibited. Extra
compensation to officers and employees of the
Legislature ia forbidden. The first regular seq.
zion Is limited to ninety days, subsequent sea.
sions Of sixty days; and special sessions, con.
yened by the Governor to 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 secur-
ing the separate property Of a wife The county
officers to be elected are specified, the Legisla-
ture TO prescribe their duties and compensation.
The compensation oflegislators cannot be chang
ed during their terms each member Is allowed
not exceeding $50 per session for stationery,
newspapers postage, etei 81 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
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-thrds 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 De lfnd
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
aotyinc huf n
be provided for by law emitting the sectionfor'
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 Legislature etc.
ARTICLE v-ExEcUTTyE 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 cleo.
tlon resident of the State. Provides for canvass
ing election returns for Governor and other State
officers The Governor Is Commander.in.Chefo OF
the military forces Of the State, except when
called into the service ofthe United States. He IA
TO transact all executive business see that the
laws are faithfully executed, and to vacancies
in office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature, but at such sessions no legis'
latiye 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 10 the time Of adjournment to adjourn
the Legislature to such time a. 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.
ceeding 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 IL 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
A Secretary of State, Treasurer, Controller, sur
veyor General and Attorney General are also
provided for and their powers and duties pre-:
scrbed The Governor, Secretary Of state and
Attorney General are constituted Board Of
State Prison Directors, and also Boerd Of Ell.
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 lie.
! glslature. .......- ......
The only change of importance from the old
Constitution In thlS Article IL providing for the
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
lature TO add two assoclates, nine District Courts
| lat present. 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 RK 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 su.
preme Court has appellate jurisdiction in all
cases in equity, and In all cases at lazy involving
real estate or mining claims, the legality OF taxes,
| assessments fines, etc, where the amount In con-
| troversy exceeds three hundred dollars; also OIL
| 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, Eye and Churchill the Fifth
Humboldt the Sixth, Lander the Seventh, Doug
| las tile Eighth, Esmeraida 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 OF
Judges. The First, or Storey District, has three
| District Judges with a co.eXtensve 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
spective Districts The District Courts have
original Jurisdiction In oil cases wherein the Su.
preme Court has appellate Jurisdiction also, re.
lating 10 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 oil cases arising In Justices Conrts and other
inferior tribunala The Legislature determines
the number of Justices Of the Peace In each city
|
sation. Justices Courts have Jurisdiction only
ofcases not coming within the jurisdiction Of the
District Courts, provided they may have such
criminal jurisdiction rs may be conferred by law
and the Legislature may confer upon them juris'
dlcton concurrent with the District Courts in the
enfDrcemRnT 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 ms 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 Of the old Constitution, where.
from that Of California -. g..
ARTICLE VII - IMPEACHMENT AND REMOVAL
| FROM OFPICE.
Provides for impeaching by the Assembly, and
trials by the Senate, the Chief Justice TO preside
a 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 Impeachment for misdenleanor or NAL
feasance In Office but Judgment can only extend
to removal and disqualification from holding
Office The party Is liable, however, to indict-
meut and trial according to law, If the ofense
Is indictable. The Judges Of the Supreme and
District Courts are 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 OficerS
This Article is substantially the same as that
In the old Constitution except the provision re.
quiring the Chief Justice 70 preside at the trial
OF Governor or Lieutenant Governor.
ARTICLE vIII--MUNfCIPALA AND OTHER coRPoR.
ATOMS ..
Prohibits special legislation In regard 10 cor
pOrations except for municipal purposes but
allows corporations to be formed under general
laws Property Of corporations Is subject to tax.
alton like thai Of individuals Corporators In
corporations formed under the 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 losping their credit except fer
procuring supplies Of water. The State Is pro-