Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-22


ton of taxes for State, county aud township pnr'
poses providing for opening and conducting
elections of State, county or township oncerh
and designating the places OF votingi providing
for the sale of real estate belonging to minors or
other persons laboring under legal disa6ihties IL
uniform system of county and township govern:
Inent ia required to be established Lotteries and
the sale 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 ses-
sions of sixty days. and special sessions, con-
vened 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 IN made for secur.
ing the separate property Of wife. The county
officers to be elected are specified, the Legisla-
ture 10 prescribe their duties and compensation.
The compensation oflegislators cannot be chang
ed during their terms; each member Is allowed
not exceeding $50 per session for stationery,
newspapers, postage, etc.; 81 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 n
vacancy; In case offailure 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-thirds of all the
members elected to each branch arc 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
Al md hnf IN
be provided for by law emitting the section for
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 per 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 a qualified
elector, twenty-five years of age, and, except at
the first election, for two years preceding his cleo
tion 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 of the United States He Is
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. He may convene special sessions
of the Legislature, but at such sessions no lcgis-
lative business may be transacted, except such
as the Governor may call attention to. He has
Houses as to the time of adjournment, 10 adjourn
the Legislature to such time as he may think
proper, but not beyond the time for the meet.
ing of the next Legislature. He may suspend
fines and forfeltures and grant reprieves not ex.
ceediDg 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 il 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 and duties pre-.
Scribed. The Governor, Secretary Of state and
Attorney General are constituted Board OF
State Prison Directors, and also Boerd of Ex
aminers, to audit all claims against the state
except salaries or compensation fixed by law, be-
fore such claims can be passed upon ny the Lee
gislature.
The only change of importance from the old
Constitution In this Article Ia providing for the
election of a Surveyor General
ARTICLE vI--JUDICfAL DEPARTMENT
Vests the judicial power of the State in Su
preme Court, consisting Of q Chief Justice and
| two Associate Justices with power in the Legis
lature to add two associates), nine District Courts
lat present. and Justices of the Peace. Tit
| Legislature may also establish Municipal Court
| in Incorporated cities and towns. The Justices o
the Supreme Court are TO be elected at genera
elections tor six years EACH but those rst elected
are TO draw for long and short terms, 30 that on
will 60 out of Office every two years The Su
| preme Court has appellate jurisdiction in al
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 OF
questions of law alone In criminal cases amount
| ing TO felony. The State Is divided into nine Ju
dcisl Districts; Storey county constituting tn,
| First, Ormsby the Second, Lyon the Third
Washoe the Fourth, Hye and Churchill the Fifth
| Humboldt the Sixth, Lander the Seventh, Doug
| las the Eighth Esmeralda the Ninth. Roop Is
attached to the WasbOe district The Legislature
may alter or change the districts hereafter, oil
| increase or diminish the number Of districts Oh
Judges. The First, or Storey District, has three
| District Judges with a co.extensiye and concur
rent jurisdiction. The District Judges arc 10 b.
elected for four years, and are TO be paid out o.
the treasures o: the counties comprising their re
5Pective Districts. The District Courts have
original jurisdiction in 0ll cases wherein the Su
preme Court has appellate Jurisdiction also re-
latng 10 estates of deceased persons, and persons
and estates of minors and insane persons, and Of
the action Of forcible entry and unlawful detaner
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 Ind 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 tho 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 specified cases. The
Supreme C urt, District Courts, and such other
Courts as the Legislature may determine, are
Hnp r3l of onrl Thalr Ind mot nil TyaH
to receive fees and perquisites for their own use.
Judges are ineligible TO 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 to any judicial officer, and the absence
Of such officer from the State for ninety days va
Gates bis 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
AZ the trial Of Governor or Lieutenant Cover.
nor, and two.thirds of the Senators elected to
be necessary for conviction. AL State and ju.
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 is liable, however, to indict-
ment and trial according to law, II the offense
Is indictablc. The Judges of the Supreme and
District Courts are also liable TO be removed
nom Office, after a 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 oficera
This Article Is substantially the same as that
in the old Constitution, except the provision re.
quiring the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE yIII-MuNIcIPAL AND OTHER coRPoR.
...... ATOMS. ..r,r..a.-
Prohibits special legislation in regard to cor.
porations, except for municipal purposes, but
allows corporations to be formed under general
laws. Property of corporations 10 subject 10 tax
alton like that Of individuals Cerporators In
corporations formed under che 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 losning their credit except fol
procuring supplies of water. The State is pro
hibited from loaning or giving money or Its cred.
1t, or subscribing to the stock Of any corporation
or asRociatiou except for educational or charitA.