Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-24
CONSTITUTION OF NEVADA

township officers; for the assessment and colIac.
tion OF taxes for State, county and township mr.
| poses providing for opening md CONDUCTING
elections of State, county or township officers
and designating the places of voting; providing
for tho sale Of real estate belonging to minors or
other persons laboring under legal disabilities.
| uniform system of county and township govern
| ment Is required to be established. Lotteries and
the sale oflottery tickets are prohibited. Extra
| compensation to officers and employees of the
Legislature is forbidden. The first regular SEES.
| sion is limited TO ninety days. subsequent SEES.
sions Of sixty days. and special sessions, con-
Yened 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 il made for secur-
| ing the separate property of a 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 eco 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 4
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 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-
i stitution are numerous. Among them are al
:. lowing the Senate to hold secret executive SEES
1 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 to
be provided for by law emitting the section for
bidding the passage of any law authorizing mar
rled women to act az sole traders; emitting the
limitation of the salaries of county officers, and
the per diem of the members the Legs atre, etc
ARTICLE V-EXEcuTIvE DEPARTMENT.
| Vests the executive power In Governor, TO be
elected for four years, who must be qualified
eector, twenty-five years of age, and, except ut
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 il COMMUNICATIVE of
| TIL military forces Of the State, except when
calls into tho service of the United States He is
| TO transact all executive business see 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 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 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 eN
| Ceeding sixty days The Governor Justices Of
the Supreme Court and Attorney General are
| constituted q Court of PardOns, except in cases
of treason and impenchments. A Lieutenant
| Governor IL to be elected at the same time and
for the same term us 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 and
| Attorney General are constituted Board of
! State Prison Directors and also BOard of Ex.
| aminers, TO audit all claims against the State,
except salarits or compensation fixed by law, be-
| fore such claims can be passed upon by the lie.
gislature.
The only change of Importance from the old
Constitution in thus Article il providing for the
election of a Surveyor General
ARTICLE yI-JUDICIAL DEPARTMENT.
Vests the judicial power of the State !. q Su-
preme Court, consisting Of Chief Justice and
| two Associate Justices with power in the Legis-
lature to add two assocates), nine District Courts
| lat presently 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 60 out Of Office every two years. The su.
| 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 to felony. The State is divided into nine Ju-
| dicial Districts; Storey county constituting the
| nrns tha
Washoe the Fourth, Nye 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 or
Judges. The First, or Storey District, has three
| District Judges with a co.extensive and concur
| rent jurisdiction. The District Judges are TO be
| elected for four years, and are to be paid ont of
the treasuties Of the counties comprising their re-
spectiye Districts The District Courts have
original Jurisdiction in all cases wherein the Su.
prcme Court has appellate Jurisdiction also, re-
lating to 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 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 as may be conferred by law,
and the Legislature may confer upon them jurls-
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 Court District Courts, and such other
Courts as the Legislature may determine, are
| nf Their ,Indgps allowed
to receive fees and perquisites for their own use
Judges are ineligible to other than Judicial Offices
during their terms. Provision ia 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
This Article is radically different from the
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
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.
dical 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 il liable, however, to indict-
ment and trial according to lazy, If the offense
Is indictable. The Judges Of the Supreme and
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 of
the Legislature. Provision NAV 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-
quiring the Chief Justice 70 preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE vIII-MuNICIPAL AND OTHER CoRPoR.
| ATIoEs.
Prohibits special legislation in regard TO cor.
porations, except for municipal purposes, but
allows corporations to be formed under general
laws Property of corporations ia subject TO tax.
alton like 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 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 loaning their credit except for
procuring supplies Of water. The State is pro-
hibited from loaning or giving money or its cred
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