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


taken on the final passage of every bill or joint
resolution. A majority of all the members elect
ed to each house Is required to pass any bill or
resolution. Accurate statements OF receipts and
expenditures must be published with the laws, at
every regular session. All laws must BIS general
and uniform In operation, as far as possible and
local or special legislation Is expressly forbidden
Regulating the jurisdiction and duties of JUS.
tices Of the Peace and Constabes for the pun.
ishing Of crimes and misdemeanors; regulating
the practice of courts Of Justice; providing for
changing the venue in civil md criminal cases:
granting divorces; changing the names Of per-.
sons yacating roads, town plots, streets, alleys
and public squares summoning and impannel.
ling grand and petit uries, and providing for their
compensation; regulating county and township
business; regulating the election of county and
township offcers for the assessment and collec.
ton oftaxcs 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
Inent 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 Ies.
sion is limited to ninety days subsequent ses.
sious Of sixty days. and special sessions, con.
Vened by the Governor, TO twenty dRyH 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, tho LegiSla
turs 10 prescribe their duties and compensation.
The compensation Of Legislators cannot be chang
ed during their terms each member Is allowed
not exceeding 500 per session for stationery,
newspapers, postage ETC.; % q day additional Is
allowed the presiding officers Of each branch.
Elections Of United States Senators ore 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 offsilure 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 are necessary to
pass any bill over the Governors veto. The
Governor 10 allowed five days during the session.
or ton days thereafter, within which TO veto a
bill and in the latter the bill must be laid
before the next session of the Legislature
The changes In this Article from the old Con.
Sttution are numerous Among them are al.
lowing the Senate to hold secret executive res
sions; permitting special legislation respecting
fees and salaries, and the interest on money
omitting the specification Of the amount or value
Of the homestead exemption, and leaving that to
be provided for by law omittlng the section for
bidding the passage Of any law authorizing mar.
ried women to act as sole traders omttIng the
limitation of the salaries Of county officers, and
the per diem Of the members OF the Legislature etc
ARTICLE v-ExEcUTIvE 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 ut
the first election. for two years preceding his eec
tion resident of the State Provides for canvass.
ing election returns for Governor and other State
officers. The Governor IL Commander in. Chief Of
the military forces Of the State, except when
called into the service the United States. He Is
to transact all executive business see that the
laws are faithfully executed. and to fll 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 such
al 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 rs 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 eI.
ceeding sixty days The Governor, Justices Of
the Supreme Court and Attorney General are
constituted Court of Pardons, except In cases
Of treason and impeachmentA Lieutenant
Governor Is TO be elected at the same time and
for the same teru as the Governor The usual
powers and duties Of such officer ore prescribed.
A Secretary Of State, Treasurer, Controller, sur
veyor General aud Attorney General arc also
provided for and their powers and duties pre-
scribed The Governor, Secretary Of state and
Attorney General are constituted q Board of
State Prison Directors and also a Boerd Of Elk.
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 LIE.
gislature. r..' l-L .
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 tho State In Su-
preme Court, consisting of Chief Justice and
two Associate Justices with power In the Legis.
ature to add two associates), nine District Courts
lat presently and Justices Of the Peace. Tho
Legislature may also establish Municipal Courts
In incorporated cities and towns. TheJustices Of
the Supreme Court are to be elected at general
elections for six years EACH but those rst elected
are 10 draw for long and short terms, so that one
will go out Of office every two years The Su.
premc 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 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, 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 diminhh the number of districts or
Judges. The First, or Storey District. has three
District Judges with u co-extensiye 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-
spectlve Districts The District Courts have
original Jurisdiction in all cases wherein the Su-
preme Court has appellate Jurisdiction also, no
latIng 10 estates of deceased persons and persons
and estates Of minors and Insane persons, and Of
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 other
inferior tribunals. The Legislature determines
the number of Justices Of the Peace In each city
and township, aud 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
criminal Jurisdiction az may be conferred by law,
and the Legislature may confer upon them juris.
dictIon concurrent with the District Courts in tho
enforcemenE of mechanics liens, not exceeding
$500, and Of actions for the possession of lands
and tenementS in certain specified c0seL The
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 IL 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 '... t.'
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 10 .s.sls
ARTICLE yu-laPEACHMENT AND REMOVAL
.t PROM OFFICE.
Provides for impeechlng by the Assembly. and
trials by the Senate the Chief Justice to preside
at the trial Of Governor or Lieutenant Cover.
nor, aud 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 or NAL.
feasance In office /; but judgment can only extend
to removal and disqualification from holding
Office. Tho party Is liable, however, to indict.
ment and trial according 10 law, II the offehse
Is indictable. 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 as that