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


poses providing for opening and conducting
elections OF State, county or township officers,
and designating the places of voting; providing
LOT the SAFE oil real estate belonging to minors or
olner persons ihooring under legal disabilities
uniform system Of county and township govern.
nent is required to be established, Lotteries and
the safe OF lottery tickets are prohibited Extra
compensation to officers and EMPLOYEES of the
Legislature is forbidden. The first regular ses.
sion Is limited to ninety days, subsequent scs-
vened by the Governor, to twenty DAYS. 4
homestead " rs provided by law" Is required IN
b exempted from forced sale, except In certain
enumerated cases. Provision is made for sccur
ing the separate property of Il 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; 81 day additional ia
allowed the presiding officers of each branch.
Elections of United States Senators are TO be
made in Joint Convention by the Legislature
next preceding tho expiration OF the Senatorial
term, or Immediately after tho happening of q
vacancy; in case offalure of the two Houses to
meet in Joint Convention within twenty days for
this purpose the Governor may call such Con
ypnfiou 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 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-
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
HI o l,vl
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 pcr 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 be qualified
eIector twenty. five years of age, and, except nj
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 commandments
the military forces of the State, except when
called into the service of the United States. HE'S
10 transact nil 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 legs
lative business may be transacted, except such
as the Governor may call attention to- lie mas
power, In case Of disagreement between the TWO
Houses Us 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. lie may suspend
fines and forfeitures and grant reprieves not OK.
ceeding sixty days The Governor, Justices OF
the supreme Court and Attorney General are
constituted Court of Pardons, except in cases
of treason and impcachments. A Lieutenant
Governor is 10 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 arc 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 Bosrd OF Ex.
amiperS, 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'
gislaturc.
The only change of importance from the old
Constitution in thH Article is providing tor the
election Of n Surveyor General.
ARTICLE JUDICIAL DEPARTMENT.
Vests the judicial power Of the State In 4 Su-
prrme Court, consisting OF Chief Justice and
two Associate Justices (with power in the LeSis.
laturc 10 add two asSociaiea) nine District Courts
(at 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 10 be elected at general
elections for six Years each but those first elected
are tn draw for long and short terms, so that one
will go out Of office every two years. The Su.
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 10 felony. The State is divided into nine Ju.
dicial Districts Storey county constituting the
First, Ormsby the second, Lyon the Third,
LII.
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 a cO-exIensive and concur
rent jurisdiction. The District Judges are TO be
elected for four years, aud are 10 be paid out OF
the treasures of the counties comprising their re.
spective Districts The District Courts have
original Jurisdiction in sll cases wherein the SUI
preme Court has appellate Jurisdiction also, re-
ating TO estates of deceased persons, and persons
and estates of minors and insane persons, and of
the action of fOrcble entry and unlawful dctainer
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-
Of cases 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.
d.ction concurrent with the District Courts IN the
enforcement of mechanics liens, not exceeding
$500, and Of actions for the possession Of lands
and trnemcnts in certain specified cases. The
Supreme Court. District Courts, aud such other
Courts III the Legislature may determine, are
Courts OF Record. Their Judges ure not allowed
to receive fees aud perquisies for their own use.
Judges nre ineligible 20 other than Judicial offices
during their terms. Provision Is made for docket
fees, 10 be applied toward the payment of the
salaries Of Judges. No leave of absence can be
granted 10 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.
In the Judicial system WAS copied substantially
from that of California.
ARTICLE VII - IMPEACHMENT ASD REMOVAL
FROM OFFICE.
Provides for Impending by the Assembly, and
trials by the Senate, the Chief Justice to preside
" the trial of Il Governor or Lieutenant Cover.
nor, and two.thirds Of the Senators elected to
be necessary for conviction. All State and jul.
dicial officers, except Justices Of the Peace, are
liable to impeachment for misdemeanor or NAL
feasance in office but Judgment can only extend
TO removal and disqualification from holding
office The party IL liable, however, to indict
mcnt and trial according TO law, If the offense
il indictablc. The Judges of the Supreme and
District Courts are also liable to he removed
from office, after hearing by vote Of two.
thirds of tho members elected to each branch of
the Legislature. Provision NAV 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 re.
curing the Chief Justice 20 preside ut the trial
Of Governor or lieutenant Governor.
ARTICLE vIII-MuSICIPAL 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 ia subject TO tax.
alton like that 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 loaning their credit except for
supplies of water. The State Is pro-
hiblted from loaning or giving money or Its cred
IT, or subscribing to the stock OF any corporation
or association, except for educational or charita.
bic purposes. Counties, cities, towns and other
municipal corporations are prohibited from be.
coming stockholders or loaning their credit In aid
of any company, corporation or association, Eek.
cept railroad companies, corporations or assoeia-
tons"
The material changes in this Article from the
old Constitution are, permitting the circulation OF
the notes of banks authorized under the laws Of
Congress, emitting the proviso which authorized
the State to issue bonds not exceeding S3OOO,0OO
In aid of the Pacific Railroad, and authorizing