Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-23

noses; providing for opening and conducting
elections of State, county or township oincerS,
and designating the places OF voting proVlalng
for the sale Of real estate belonging TO minors o.
other persons laboring under legal aiss3lhues
Uniform system of county and township govern
ment is required to be established. Lotteries ana
the sale ofiottery tickets are prohibited. Extra
compensation to officers and employees OF tne
Legislature is forbidden. The first regular ses'
sion Is limited to ninety days, subsequent ses-
sions of sixty days; and special sessions, con-
yened by. the Governor, to twenty Gays a
homestead " as provided by law, requilea ~
be exempted from forced sale, except in certain
enumerated cases. Provision is made for secur-
ing the separate property of a wife. The county
officers to be elected are specified, the Legisia-
ture 10 prescribe their duties and compensation.
The compensation oflegislators cannot De Gnan8
ed during their terms; each member IL allowed
not exceeding 500 per session for stationery,
newspapers, postage, etc.; 81 day additional Is
allowed the presiding officers of each branch.
Elections of United States Senators are 10 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 offailuro 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 a
bill and in the latter case the bill must he 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 10 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 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 officers, and
the per diem of the members ofthe Legislature etc.
ARTICLE v-EXECUTIvE DEPARTMENT.
Vests the executive power in Governor, TO be
elected for four years. who must be q qualified
eleetor, twenty-five years of age, and, except at
the first election, for two years preceding bis cleo
ton, resident Of the State. Provides for canvass
ing election returns for Governor md 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 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 legs-
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 as to the time Of adjournment, 10 adjourn
the,Legisature 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 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 Mt the same time and
for the same term ~ 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 Bo3rd 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 Lee
gislature.
The only change of importance from the old
Constitution in this Article is providing for the
election of a Surveyor General.
ARTICLE vI-JUDICIAE DEPARTMENT.
Vests the judicial power OF the State in Su.
preme Court, consisting Of Chief Justice and
two Associate Justices with power in the Legis-
laturc TO add two associates), nine District Courts
(at presenO 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 rst elected
are to draw for long aud short terms 80 that one
will 20 out of Office every two years. The SUI
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 dollarsi also on
questions of law alone, in criminal cases amount
ing to felony. The State is divided into nine Jul
dCial Districts Storey county constituting the
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 tho 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 co-eNtensive and concur
rent jurisdiction The District Judges are TO BE-
elected for four years, and are to be paid ont 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-
ating 10 estates of deceased persons, and persons
and estates of minors and insane persons and Of
the action of forcbe 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, 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 JuriS'
dction concurrent with the District Courts in the
enforcement of mechanics liens, not exceeding
$780, 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
Courts OF Record Their Judges are not allowed
Co for f,tStTu
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, and the absence
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 substantially
from that of California
ARTICLE H-IMPEACHMEST ASD REMOVAL
FROM OFFICE.
Provides for impeaching by the Assembly, and
trials by the Senate, the Chief Justice to preside
N the trial Of Governor or Lieutenant Cover.
nor, and two-thirds of the Senators elected TO
be necessary for conviction. All State and in.
dicial officers, except Justices OF the Peace, are
liable TO impeachment for misdemeanor or NAL.
feasance in office but judgment can only extend
10 removal and disqualification from holding
ment and trial according to law, II the ofiense
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 may be made by law
for the removal of other civil officers. 81
; This Article is substantially the same as that
in the old Constitution, except the provision re.
quiring the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor.
ARTICLE vIu-aUSICIPAL AND OTHER coRPoR-
ATOMS.
Prohibits special Legislation In regard to cor.
porstions, except for municipal purposes, but
allows CORPORATIONS to be formed under general
laws. Property of corporations Is 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 loanng their credit except for
procuring supplies Of water. The State h pro-
hibited from loaning or giving money or Its cred
IT, or subscribing to the stock of any corporation
or association, except for educational or charita'
BILE purposes Counties, cities, towns and other
municipal corporations are prohibited from be.
coming stockholders or loaning their credit In aid
of any company, corporation or association, e1-