Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-02
CONSTITUTION, OF NEVADA.

township ot1cers for the assessment and colIee-
ton Of taxes for State, county and township Pnr
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 laboring under legal disabilities A
uniform system Of county and township govern
nent is 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 ;" Is required TO
be exempted from forced sale, except in certain
enumerated cases Provision is made for secur.
ing the separate property of q 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 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 Suites 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 offailure Of the two Houses 10
meet In Joint Convention within twenty days for
this purpose, the Governor may call such Con-
yention or 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
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 OH 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
ried women to act as sole traders; emitting the
limitation of the salaries OF county ottcers, and
the per diem of themembers ofthe Legislature, etc
ARTICLE v-EXEcUTIyE DEPARTMENT.
Vests the executive power In Governor, to be
elected for four years, who must be quallhed
elector. twenty five years of age, and except ut
the first election, for two years preceding bis cleo
ton 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 s
TO transact all executive business, see that the
laws are faithfully executed, and 10 I'LL vacancies
in office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature, but at such sessions no legs-
lative business may be transacted, except such
400
power, in case of disagreement between the two
Houses ss 10 the time Of adjournment, to 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 forfetures and grant reprieves not ex.
ceeding sixty days The Governor, Justices OF
the Supreme Court and Attorney General are
! constituted a Court of Pardons, except In cases
| of treason and impeachments. A Lieutenant
| Governor is to be elected at the same time and
for the same term az 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 and duties pre-
scribed The Governor, Secretary Of state ant
| Attorney General are constituted Board o
! State Prison Directors, and also Boerd OF Ex
amners, to audit all claims against tho State
except salaries or compensation fixed by law, be
fore such claims can be passed upon by the lie
giSlature
The only change Of Importance from the OLE
Constitution in THIS Article is providing for tn
election Of a Surveyor General.
ARTICLE v1-JUDICIAL DEPARTMENT.
| Vests the judicial power of the State in Su
| preme Court, consisting of u Chief Justice ant
two Associate Justices with power in the Legis
| ature TO add two associated, nine District Court
| lat presenD and Justices Of the Peace. Tn
Legislature may also establish Municipal Court
| in incorporated cities and towns. The Justices o
\ the Supreme Court arc to be elected at genera
elections tor six years each, but those first elected
are to draw for long and short terms 30 that on
will go out of Office every two years. The su
preme Court has appellate jurisdiction in al
cases in equity and in all cases OF law involving
real estate or mining claims the legality Of taxes
assessments, fines, etc., where the amount in con
troyersy exceeds three hundred dollars also OF
questions of law alone, in criminal cases amount
ing to felony. The State Is divided into nine Ju
dicial Districts Storey county constituting tn
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 Il
attached to the WRahOe district. The Legislator
may alter or change the districts hereafter, o.
increase or diminish the number Of districts o
Judges. The First, or Storey District, has tire
| District Judges with co-extensive and concur
rent jurisdiction. The District Judges are to b.
elected for four years, and are to be paid out o
the treasures of the counties comprising their re
| spectve Districts The District Courts hav'
original Jurisdiction in all cases wherein the Su
preme Court has appellate jurisdiction also, re
iating to estates OF deceased persons, and person
and estates of minors and insane persons, and
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 othel
inferior tribunals The Legislature determine'
the number of Justices OF. the Peace In each city
and township, and fixes their duties and compen
sation. justices Courts have Jurisdiction only
ofcases 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
dctIou 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. Lne
Supreme Court, District Courts, and such other
| 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 to 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, ind 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 WIS copied substantially
from that of California.
ARTICLE VII - INPEAcHMEET AND REMOVAL
FROM OFFICE.
Provides for impeaching by the Assembly and
trials by the Senate the Chief Justice TO preside
at the trial Of Governor or Lieutenant Cover
nor, and two-thirds of the Senators elected to
be necessary for conviction All State and Ju'
dIcial officers except Justices Of the Peace are
liable to Impeachment for misdemeanor OF MAJ.
feassnce 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 oifense
IN ipdictsbIe. The Judges Of the Supreme and
District Courts are also liable to be removed
from Office, after 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
This Article Is substantially the same a. that
In the old Constitution, except the provision re.
ouiring the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE vIII-MUMCIPAL 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 is subject to tax.
alton ike 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 Do allowed TO circulate as
money except the Federal currency and the notes
of banks authorized under the lava 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
DroctiriuR supplies Of water, The State 10 pro