Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-22

ed TO each house Is required TO pass any bill or
resolution. Accurate statements of receipts ana
expenditures must be published, with the laws, at
every regular session. All laws must bs general
and Uniform in operation, az far as possible, and
local or special legislation Is expressly forbidden
Regulating the Jurisdiction and duties OF JUS
tIces of the Peace and Constables: for the pun
ishing of crimes and misdemeGnors; regulating
the practice of courts of justice; providing for
changing the venue in civil and criminal cases ::
granting divorces; changing the names OF per.
sons yacating roads, town plots, Streets alleys
and public squares; summonlng and impannel'
ling grand and petit uries and providing for their
compensation; regulating county and township
business; regulating the election Of county and
township officers for the assessment and eollec-
tion of taxes 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 laboring under legal disabilities A
uniform system Of county and township govern
ment 10 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 IL 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
ing the separate property OF a wife. The county
officers TO be elected are specified, the LegislR.
tuTe to prescribe their duties and compensation
The compensation Of Legislators cannot be chang
cd during their terms each member Is allowed
not exceeding eco per session for stationery,
newspapers, postage, ETC.; e. day additional lS
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 a
vacancy; in case of failure Of the two Houses to
this purpose, the Governor may call such Con
venton 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 q
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-
stituton are numerouA 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 !
omittng the specification Of the amount or value
Of the homestead exemption, and leaving that to
be provided for by law omitting 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-E1EcUTIvE DEPARTMENT.
Vests the executive power In a Governor, to be
elected for four years, who must be qualified
eectOr, twenty five years of age and, except at
the first election for two Year, preceding his elec.
tion resident of the State. Provides for canvass
ing election returns for Governor and other state
oficer. The Governor is Commander. in 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
lax mr. fn 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 TO. He has
power, in case of disagreement between the two
Houses az TO 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 forfeitures and grant reprieves not ex-
ceeding sixty daya 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 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.
A Secretary of State, Treasurer, Controller, sur.
veyor General and Attorney General are also
provided for and their powers and duties pre-.
Seribed. The Governor, Secretary Of state and
State Prison Directors, and also Bosrd 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 by the Le'
gSlature.
The only change Of importance from the old
Constitution in this Article Is providing for the
election of Surveyor General
ARTICLE YI-JUDIcIAL 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
ature to add two associates), nine District Courts
(at presently and Justices Of the Peace. Th'
Legislature may also establish Municipal Court
In Incorporated cities and towns The Justices o
the Supreme Court are to be elected at genera
elections for six years EACH but those first elected
are to draw for long and short terms, so 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 ut 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 to felony. The State Is divided into nine Ju
dicial Districts Storey county constituting the
First, 0rmsby the Second, Lyon the Third
Washoe the Fourth, Eye 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, or
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 to be
elected for four years, and are TO be paid out Of
the treasures Of the counties comprising their re-
spectve Districts The District Courts have
original jurisdiction in all cases wherein the Su
preme Court has appellate jurisdiction also, re-
ating to estates Of deceased persons, and persons
and estates of minors and insane persons, and o.
tIa Of mud IN al
and of all criminal cases not otherwise provided
by law. They have final appellate Jurisdiction
In all cases arising in Justices' Courts and othe
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 tn
District Courts, provided they may have sucl
criminal Jurisdiction as may be conferred by law
and the Legislature may confer upon them Jurs
diction concurrent with the District Courts In TIL
enforcement of mechanics liens, not exceeding
e3OO, and of actions for the possession Of land
and tenements in certain specified cases. Th'
Supreme Court, District Courts and such othel
Courts as the Legislature may determine, an
Courts of Record. Their Judges are not allowed
10 receive fees and perquisites for their own use
Judges are ineligible to other than Judicial oticel
during their terms Provision Is made for docket
fees, to be applied toward the payment Of the
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 impeachng by the Assembly, and
trials by the Senate, the Chief Justice TO preside
at the trial of a Governor or Lieutenant Cover
nor, and two.thirds Of the Senators elected tC
be necessary for conviction. All State and ju
dlcial officers, except Justices Of the Peace, ART
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, If the offensC
III indiotable. The Judges of the Supreme ono
District Courts are also liable TO be- removed
from office, after a hearing, by vote Of two
thirds Of the members elected to each branch o.
tho Legislature. Provision may be made by law
for the removal Of other civil OfficerS
This Article Is substantially the same as thai
In the old Constitution. except the provision re-
Quiring the Chief Justice 70 preside ct the tria
of Governor or Lieutenant Governor.
ARTICLE YIII-MUhIcIPAL AND OTHER coRPok
'- ATOMS.
Prohibits special legislation In regard to cor
porations, except for municipal purposes, bui
allows CORPORATIONS to be formed under general
laws. Property Of corporations Ia subject TO tax
alton like that of individuals. Corpofators Id
CORPORATIONS formed under Ihe laws OF the state
uhatI nat he individually liable for the deDts or