Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-10

poses providing Tor opening anu 80
elections of State, county or township onIuisI
and designating the places of voting; providing
for the sale of real estate belonging TO minors OF
other persons laboring under legal disaointles. n
uniform system of county and township govern,
lnent il required to be established Lotteries anu
the sale of lottery tickets are proMolted' EAua
compensation to officers and employees OF inc
Legislature is forbidden. The first regular ses-
sion is limited to ninety days, subsequent ses-
siops of sixty days. and special sessions, con-
yened by the Governor, 10 twenty days, -
homestead rs 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 wife. The county
officers TO be elected are specihed, the Legisla-
ture 10 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.; 50 day additional Is
allowed the presiding officers OF each branch.
Elections of United States Senators arc 10 be
made in Joint Convention by the Legislature
next preceding the expiration OF the Senatorial
term, or Immediately after the happening OF q
vacancy; in case Offailure OF the two houses 10
meet In Joint Convention within twenty days for
this purpose, the Governor may call such Con
vention or proclamation. Two-thirdS OF all the
members elected 10 each branch are necessary to
pass any bill over the Governors Veto The
Governor IL allowed five days during the session,
or ten days thereafter, within which TO veto a
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 10 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
be provided for by law /; emitting the section for
L.. lTfTa
ried women TO net ms sole traders; emitting the
Limitation of the salaries of county officers, and
the per diem of the members the 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 ofthe United States. He is
10 transact all 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 az such sessions no legs'
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 as TO the time of adjournment, TO adjourn
the Legislature to such time ~ he may think
proper, but not beyond the time for the meet.
ing of the next Legislature. He may suspend
fines and fOrfeitures and grunt repreves not cx-
ccedng sixty days. The Governor, Justices OF
the supreme Court and Attorney General are
constituted Il Court Of Pardons, except In cases
of treason and impeachments. Lieutenant
Governor is 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.
Secretary of State, Treasurer, Controller, sur
veyor General and Attorney General are also
provided for and their powers aud duties pre-.
scribed. The Governor, Secretary Of state and
Attorney General constituted Board OF
State Prison Directors, and also Boerd of Ex-
aminers, 10 audit all claims against the State,
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Lee
gislaturC.
The only change OF Importance from the old
Constitution in TINS Article is providing for the
election Of n Surveyor General.
ARTICLE YI-JUDICIAL DEPARTMENT.
Vests the judicial power of the State in Su.
premc Court, consisting Of q Chief Justice and
| two Associate Justices (with power In the Legis'
lature TO add two associates), nine District Courts
| lat presenO 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 30 that one
will go out Of office every two years. The SUI.
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-
| trovprSy exceeds three hundred dollars also on
| 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, Nye and Churchill the Fifth,
| Humboldt the Sixth, Lander the Seventh, Doug
| las the Eighth, Esmeralda the Ninth. Roop Is
attached 10 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-extensive 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 re-
spective Districts The District Courts have
| original Jurisdiction in all cases wherein the Su-
preme Court has appellate Jurisdiction also, re-
lating 10 estates of deceased persons. and persons
and estates of minors und insane persons and of
the action of forcible entry and unlawful detaiuer
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
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 lands
and tenements in certain speclhed cases. The
Supreme Cl urt, District Courts and such O;hrr
Courts HI the Legislature may determine, are
Courts of Record. Their Judges are not allowed
to receive fees and perqulstes for their own use.
Judges are ineligible 10 other than judicial Offices
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 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
in the judicial system was copied substantially
from that Of California
ARTICLE VII - IMPEACHMENT AND REMOVAL
FROM OFFICE.
Provides for impeaching by the Assembly and
trials by the Senate, the Chief Justice to preside
N the trial Of q Governor or Lieutenant Cover.
nor, and two.thirds of the Senators elected TO
be necessary for conviction. All State and ju
dlcal officers, except Justices Of the Peace, are
liable TO Impeachment for misdemeanor or NAL
feasance In office but judgment can only extend
10 removal and disqualification from holding
Office. The party is liable however, to indict-
ment and trial according to law, ii the offensc
il indictablc. The Judges of the supreme and
from Office, after a hearing, by vote of two.
thirds of the members elected to each branch Of
the Legislature. Provision NAV be made by law
for the removal OF other civil officers
This Article il 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 vII1-MUNICIPAL 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 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 tho 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
procuring supplies Of water. The State IL pro-
hibted from losning or giving money or its cred
H. or subscribing to the stock of any corporation
or association except for educational or charlta-
BILE 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, 'eN-
cept railroad companies, corporations or associa'
tons"
The material changes in this Article from the
old Constitution are permitting the circulation Q.
the notes of banks authorized under tue ihws .,
Congress- emitting the proviso when m On oeo
the State TO igsue bonds not exceeding s.oUOu'oVO
r. ,ba Io,,;6, RarOnd. md authorizing