Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-10
CONSTITUTION. OF NEVADA.


ton flakes 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 lahoring under legal disabilities. A
\ uniform system ofeounty 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 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" il required to
be exempted from forced sale, except in certain
enumerated cases. Provision Is made for secur-
| inc the separate property of wife. The county
officers 10 be elected are specified, the Legisla-
ture 10 prescribe their duties and compensation.
THE compensation of legiSlators cannot be chang.
| ed during their terms; each member Is allowed
mot exceeding 900 per session for stationery,
newspapers postage, etc; ~ day aGdiiional y
allowed the presiding ofticers OF eacn prsnen'
| 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 tho happening OF
vacancy; in case offailure of the two Houses to
meet in Joint Convention within twenty days tor
| thly purpose, the Governor may call sucn Con
| yenfion or proclamation. Two-thirds Of al tne
| members elected to each branch are necessary 70
pass any bill over the Governors veto. Ihe
Governor ia allowed five days during the session,
| or ten DAYS thereafter, within which 10 veto 9
bill and in the latter case the bill must be iaid
before the next session of the Legislature.
The changes in this Article from the old Con-
| stitution are numerous Among them are: a.
| 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 10
be provided for by law emitting the section LOT
| bidding the passage of any law authorizing mar
1 ried women to act az sole traders; emitting the
/ Limitation of the salaries of county officers and
the per diem of the members OF the leGisature,etc
| ARTICLE v-ExECUTIvE DEPARTMENT.
Vests the executive power In Governor, to be
elected for four years, who must be q qualinea
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 COmmander'in-C Chief OF
| the military forces Of the State, except when
called Into the service ofthe United States helS
to transact all executive business, zee that the
laws are faithfully executed, and TO fill vacancies
| in Office by appointment where not otherwise
provided for. lie 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 mas
power, in case of disagreement between the TWO
Houses az 10 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. lie 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 Pardous, except In cases
of treason and impeachments. A Lieutenant
Governor is TO be elected ut 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
yeyOr General and Attorney General are also
provided for and their powers and duties pre-
Srrbed. The Governor, Secretary Of state and
Attorney General are constituted Board of
State Prison Directors, and also Boerd of EI'
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.
gislRturr. BE. ..-...
The only change Of importance from the old
Constitution in ting Article il providing for the
election of q Surveyor General . &c.,.
ARTICLE vl-JuDIc1AL DEPARTMENT.
Vests the judicial power OF the State in Su.
prcme Court, consisting of Il Chief Justice and
Two Associate Justices (with power in the Legis-
uture TO add two associates nine District Courts
ut prcsrnD md 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 10 draw for long and short terms so that one
will go out OF office every two years The SUI
preme Court has appellate jurisdiction in all
cases in equity, and In all cases Ut law involving
real estate or mining claims the legality OF taxes,
assessments, fines ETC., where the amount In con-
truversy exceeds three hundred dollars; also on
questions of law alone in criminal cases amount
4 ing 10 felony. The State il divided into nine u.
dicial Districts; Storey county constituting the
First, 0rmsby the Second, Lyon the Third,
washoe the Fourth, Nye and Churchill the Fifth,
| lie t1,. gtxth flia
las the Eighth, Esmeralda the Ninth. Roop Is
attached to the Washoe district The Legislature
may alter or chunge 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-extensive and concur.
rent Jurisdiction The District Judges are to be
elected for four yenrs. aud are to be paid out Of
the treasures of the counties comprising their
spectire Districts The District Courts have
original jurisdiction in all cases wherein the SUI
prcme Court has appellate Jurisdiction also, re-
latng TO estates Of deceased persons, and persons
and estates of minors and insane persons and OF
the action Of forcbe entry and unlawful detniner.
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 such
criminal jurisdiction as may be- conferred by law
and the Legislature may confer upon them juris
diction concurrent with the District Courts in the
enforcement of mechanics liens, not exceeding
$500, and Of actions for the possession Of land,
and tenementa In certain specified cases. The
Supreme Court, District Courts, and such Other
Courts as the Legislature may determine, ar
Courts of Record. Their Judges are not allowed
to receive fees and perqusites for their own use
III1n % 9TH han t1in flRn,
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 bt
granted to any judicial officer and the absence
of such officer from the State tor ninety days va
Gates his Office.
This Article Ia 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 a
Provides for impeaehing by the Assembly, and
trials by the Senate. the Chief Justice 10 preside
at the trial of q Governor or Lieutenant Cover.
nor, and two-thrds of the Senators elected to
be necessary for conviction. All State and ju.
dicia officers, except Justices Of the Pence, are
liable TO impeachment for misdemeanor or maj.
feasance in Office but Judgment can only extend
TO removal and disqualification from holding
Office. The party Is liable, however, to indict.
ment and trial according to law, If the offense
4 tx indictablc. The Judges Of the supreme and
District Courts arr RlAo liable TO be removed
from Office, after Il 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 1ftN'A
This Article IL substantially the same M that
IN the old Constitution. except the provision re-.
quiring the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor
1 ARTICLE yIH-MUEICIPAL AND OTHER coRPoR.
| ATOMS.
Prohibits special legislation in regard TO cor.
porations, except for municipal purposes, but
4 allows corporations to be formed under general
laws. Property Of corporations is subject to tax
alton like that of individuals COrporHtorS in
corporations formed under tTe 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 liz
A 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 oaning their credit except for
| procuring supplies of water The State IL pro-