Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-18


business regulating the election Of county and
township officers for the assessment and cellec-
ton Of taxes for State, county and township pur-
poses providing for opening and conducting
| and designating the places of voting; providing
for the sale Of real estate belonging 10 minors or
| other persons laboring 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 EYtra
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
yened by the Governor, to twenty days A
homestead " as provided by law" Is required 10
be exempted from forced sale, except in certain
enumerated cases. Provision is made for secur.
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.
ed during their terms; each member IL allowed
not exceeding $50 per session for stationery,
newspapers postage, ETC.; 90 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 offafure of the two Houses to
meet in Joint Convention within twenty days for
this purpose, the Governor may call such Con
vention OF 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 a
bill and in the latter 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.
sons 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 for
bidding the passage of any law authorizing mar.
red women to act as sole traders emitting 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
elector twenty-five years of age, and, except at
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 COMMANDMENT. 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 at such sessions no legis
| lative business may be transacted, except such
| as the Governor may call attention 10. He has
power, In case Of disagreement between the two
| Houses az to the time of adjournment, to adjourn
| the Legislature to such time rs 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 reprieres 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 Is 10 be elected at the same time and
| for the same tertn 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 aud duties pre-
| scrbcd. The Governor, Secretary Of state and
| Attorney General are constituted a Board Of
State Prison Directors, and also Boerd of Elk
aminers, TO audit all claims against tho State
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Lee
gisature.
The only change of Importance from the old
Constitution in thus Article is providing for the
election Of a Surveyor General.
ARTICLE YI-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 Legis.
lature to add two assocates), 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 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 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
4 sha Won hn
| 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 OF
increase or diminish the number of districts OF
Judges The First, or Storey District, has three
District Judges with q co-extensive and concur
| rent Jurisdiction. The District Judges arc 10 be
elected for four years. and are 10 be paid out OF
the treasures of the counties comprising their re-
| spective Districts. The District Court q have
original Jurisdiction in all 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 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
of cases not coming within the Jurisdiction OF the
| District Courts, provided they may have sucn
criminal jurisdiction as may be conferred by law
and the Legislature may confer upon them Juris
dictlon concurrent with the District Courts IN inc
enforcement of mechanics liens, not exceeding
$780, and of actions for the possession OF land:
| and tenements in certain specified cases. Inc
Supreme c. urt, District Courts, and such othei
Courts as the Legislature may determine, are
Courts of Record. Their Judges are not allowed
to receive fees and perquisites for their own use
Judges are ineligible 10 other than judicial otiice'
| during their terms Provision Is made fer docket
fees, TO be applied toward the payment OF the
salaries Of Judges No leave Of absence can b.
granted TO any judicial officer, and the absence
| Of such officer from the State for ninety days va
| Gates his Office.
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 imPeaching by the Assembly. ant
| trials by the Senate. the Chief Justice to presid
a the trial of Governor or Lieutenant Cover
| nor, and two-thirds Of the Senators elected Z
be necessary for conviction. AL State and ju
dlcisl officers, except Justices Of the Peace, arr
liable TO impeachment for misdemeanor or NAL
| feasance in office but judgment can only extenC
to removal and disqualification from holding
Office. The party ia liable, however, to indict
ment and trial according to law, If the offense
| Is indictable. The Judges Of the Supreme an6
| District Courts are also liable to be removed
\ rom Office, after a hearing, by vote of two
thirds of the members elected 10 each branch Of
| the Legislature. Provision may be made BY law
| for the removal Of other civil officers.
| This Article Is substantially the same as that
| In the old Constitution. except the provision re.
quiring the Chief Justice 10 preside at the trial
| Of Governor or Lieutenant Governor.
ARTICLE 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 Ii 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 oil
| liabilities of such corporations. No bank notes OIL
| paper of any kind can be allowed TO circulate Al
money except the Federal currency and the note
of banks authorized under the laws of Congress
General laws must be passed for the organization
Of cities and towns, and restricting their power
| Of taxation, assessment, borrowing money. con
tracing debts and losnins their credit except fol
| procuring supplies of water. The State is pro
hibited from losning or giving money or its cred
It. or subscribing TO the stock Of any corporation
| or association, except for educational or charlta
| BILE purposes. Counties, cities, towns ana otnei
municipal corporations are prohi6ised rom oe
coming stockholders or loaning their credit In aic
| Of any company. corporation or association, Eek
cept railroad companies, corporations or associa
| TONS" =. .,..,-,.s- Al,
The material changes in this Article from the
old Constitution are, permitting the eireuiatIon "
| the notes of banks authorized under the laws Q,
Congress- emitting the provso which on ~