Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-19

taken on the final passage OF every bill or JOINT
resolution n A majority of all the members elect
ed to each house Is required TO pass any OH Q,
| resolution. Accurate statements OF receipls anu
expenditures must bS publShed. with tea isnS, y
| every regular session. All laws must D9 generat
and uniform IN operation, al far as possible, and
local or special legislation is expressly torploaen
Regulating the Jurisdiction and duties OF JUS.
tices of the Peace, and ConstableS for tine pun
shing of crimes and misdPmeanors; regulating
| the practice Of courts Of Justice; provlding TOT
| changing the venue In civil and criminal cases;
granting divorces; changing the. names Of per-
SONS; vacRflng roads, town plots, streets, aleyS
and public squares summontng and impannek
ling grand and petit juFies, and providing for their
| compensation; regulating county and township
buSinessi regulating the election, of county and
township officers for the assessment and collec.
tion of taxes for State, county and township puf-
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 lsboring under legal disabilities A
uniform system Of county and township govern.
lnent Is required to be established. Lotteries and
! the sale oflottery 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 ses.
sions of sixty days; and special sessions, con-
vened by the Governor, to twenty days. a
homestead I" as provided by law, ," ID required to
be exempted from forced sale, except In certain
| enumerated cases Provision Is made for Sectr.
Ing the separate property of 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.
4 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 branch.
Elections of United States Senators are to be
I 10 IN II MT hty Nhn JIatn
next preceding the expiration ofthe Senatorial
term, or Immediately after the happening Of o
\ 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
! vention or proclamation. TwO-thifdS of ell tho
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 ehmgesin this Article from the old Con-
sttuiion are numerous Among them ara: al.
lowing the Senate to hold secret executive res
sions; permitting special legislation respecting
| fees and salaries, and the interest on money
omitting the specification Of the amount or value
of the homestead exemption, and leaving that TO
be provided for BY law omitting the section for
bidding the passage Of any law authorizing mar.
ried women TO act as sole traders; omitting the
Limitation Of the salaries Of county officers, and
the per diem of the members ofthe Legislature etc.
ARTICLE v-EXEcUTIyE DEPARTMENT.
Vests the executive power In Governor, to be
elected for four years, who must be qualified
| eector, twenty-five years of age, and, except at
the first election for two years preceding his elee-
tion, resident of the state. Provides for Canvass
ing election returns for Governor and other state
officers. The Governor Is Commander in 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, see that the
laws are faithfully executed, and to ill vacancies
| In Office BY appointment where not otherwise
'provided for. He may convene special sessions
Of the Legislature, but ct such sessions no legis
lative business may be transacted, except such
| az 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 Legislsture. He may suspend
fines aud forfeitures and grant reprieyes 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 impeachmpnts. A Lieutenant
Governors is to be elected at the same time and
for the same term az the Governor. Tho 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 aud their powers and duties pre-
| scribed- The Governor, Secretary Of state and
Attorney General are constituted Board oi
State Prison Directors, and also o. Board of FIX
aminers, 10 audit all claims against tho State
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Le'
gslature.
The only change Of Importance from the old
Constitution in thiy Article is providing for the
election of Il Surveyor General ..r.. . ~
| ARTICLE vI-JUDIc1AL DEPARTMENT.
i Vests the judicial power Of the State In Su
preme Court, consisting of Chief Justice and
two Associate Justices with power In the Legis
Hture to add two aSsocRtes), nine District CourtI
(st present. 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 for SIX years EACH but those first elected
are to 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 mining claims the legality Of taxes,
assessments, fne1 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 ID 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 . co-extensirc 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 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 offorcible entry and unlawful detaner,
- LII III
| 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 tixes their duties and compen-
\ sstion. JustieeS Courts have Jurisdiction only
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-
dictlon concurrent with the District Courts In the
| enforcement Of mechsnics' 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, are
Courts ofRecord. Their Judges are not allowed
to receive fees and peHquisites for their own use
Judges are ineligible to other than judicial Offices
| during their terms Provision 10 made for docket
fees. TO be applied toward the payment Of the
salaries or Judges. No leave Of absence can be
BEoAltou ~ JuuhlldL buACnIY buoa huAtuCo
Of such officer from the State for ninety days va
| Gates his Office '"t.'li '. ' b.
This Article is radeally 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
| FROM OFFICE
Provides for impeachng by the Assembly, aud
trials by the Senate. the Chief Justice to preside
st 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.
dicisl officers, except Justices Of the Peace are
liable TO ihpeachment 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:
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
from Office, after d hearing, by vote Of two.
thirds Of the ulemben elected 70 each branch Of
the Legislature. Provision may be made BY law
| for the removal Of other civil officers.
| This Article Is substantially the same a. that
in the old Constitution, except the provision re: