Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-16

tiOn OF taAe6 lOr State, county anu township Pua.
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 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 10 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 Is made for secur-
ing the separate property of wife. The county
officers to be elected are specified the Legisla-
ture 10 prescrbetheir duties and compensation
The compensation of Legislators cannot be chang
cd during their terms each member is allowed
not exceeding $50 per session for stationery,
newspapers, postage, etc. {; S2 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 q
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-
yention or proclamation. Twothirds of all the
members elected to each branch nre necessary 10
pass any bill over the Governors veto. The
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
Of the homestead exemption, and leaving that 10
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 ofthe members ofthe Legislature,etc.
ARTICLE V-EXECUTIvE DEPARTMENT.
Vests the executive power in Governor, to be
elected for four years, who must he quallned
eector, twenty years of age and, except NJ
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-Chiefo OF
the military forces of the State, except when
called into the service Of the United States; lie ID
TO transact all executive business, see that the
laws are faithfully executed and to 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'
latiye business may be transacted, except sncn
| as the Governor may call attention TO- he mas
| power In case of disagreement between the TWO
Houses as to the time of adjournment, to ADJOURN
| the Ieri.lature 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 reprieyes not ex.
ceedng 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 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
yeyor 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 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'
| gislature. :,
The only change of importance from the old
Constitution in this Article IL providing for the
| election Of Surveyor General.
| ARTICLE vI-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
lature to add two associates nine District Courts
| (at present. 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, SO that one
| will go out of Office every two years. The Sii,
preme Court has appellate jurisdiction In all
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 on
| questions of law alone In criminal cases amount
ing 10 felony. The State is divided into nine Ju
| dical Districts Storey county constituting the
| First Ornsby 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 ID
attached to the Washoe district The Legislature
may alter or change the districts hereafter OF
| increase or diminish the number Of districts OIL
Judges. The First, or Storey District, has three
| District Judges with a coeXtensive 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 person.
and estates of minors and insane persons, and o.
the action of forcible entry and unlawful detalner
| and of all criminal cases not otherwise provided
| by law. They have final appellate jurisdiction
| in NIL cases arising in Justices Courts and othe
| 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
| Of cases not coming within the Jurisdiction of III
criminal jurisdiction as may be conferred by law
and the Legislature may confer upon them juris
dlction concurrent with the District Courts In tn
enforcement of mechanics liens, not exceeding
| $780, and of actions for the possession of land
and tenements in certain specified cases. III
| Supreme Court District Courts, and such othe
Courts as the Legislature may determine, ar
Courts of Record. Their Judges are not ailowe
to receive fees and perquisites for their own us(
Judges are ineligible to other than Judicial office
during their terms. Provision is made for docke
fees, to be applied toward the payment of tn
salaries of Judges. No leave OF absence can b
granted to any judicial officer, and the absenc
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 substantial!
from that of California.
| ARTICLE VII - IMPEACHMENT AND REMOVAL
FROM OFFICE
| Provides for impeaching by the Assembly, ant
trials by the Senate, the Chief Justice TO presld
a the trial Of Governor or Lieutenant Cover
nor and twothirds of the Senators elected Il
| be necessary for conviction. All state ana Ju
dlcial officers except Justices Of the Peace, ar
liable to impeachment for misdemeanor or MAJ
| feasance in office but judgment can only extend
to removal and disqualification from holding
| office The party il liable, however, 10 lndct
ment and trial according to law If the otfense
1
| District Courts are also liable to be removed
| from office, after hearing, by vote OF TWO.
| thirds of the members elected to each orancn Of
| the Legislature. Provision may be made by law
| for the removal Of other civil officers
| This Article Is substantially the same as that
in the old Constitution, except the provision re:
curing the Chief Justice 20 preside at the trial
| Of Governor or Lieutenant Governor
lsART1cLE vIII-MuEIcIPAL 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 corporationsi il subject to tax.
alton like that of individuals. Corporators 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 10 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 loaning their credit except fol
procuring supplies of water. The State IL pro
hibited from loaning or giving money or its cred
1t, subscribing to the stock Of any corporation
or association, except for educational or chartta'
| BILE purposes Counties, cities, towns and other
municipal corporations are prohibited nom De,
coming stockholders or loaning their credit In aid
| of any company, corporation or association, eh'
cept railroad companies, corporations or assocls'
tionA" .
The material changes in this Article from the
old Constitution are permitting the circulation OF
| the notes Of banks authorized under the laws Q,
Congress, emitting the proyiso which anthoriLeo
tho Stata IN jssue bonds not exceeding H3,OOO,OOO