Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-26
. CONSTITUTION or NEVADA.

compensation; regulating county and township
business; regulating the election of county and
township officers; for the assessment and collec-
ton fakes 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.
lnent 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 scs-
sion is limited to ninety days, subsequent SEES
| siops 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
| enumerated cases. Provision is made for secur-
| inc the separate property of n wife. The county
officers to be elected are specified the Legisla-
tIre TO prescribe their duties and compensation.
The compensation of legislators cannot be chang.
| ed during their terms each member is allowed
not exceeding $50 per session for stationery
newspapers postage, etc. 81 day additional ID
| 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 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. 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
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 thal TO
be provided for by law emitting the section for
bidding the passage of any law authorizing mar
ried women to act az 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 q Governor, TO be
elected for four years, who must be qualified
elector, twenty-five years of age and, except at
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 CommandcrnC 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 arc faithfully executed, and to fill vacancies
| In Office by appointment where mot otherwise
| provided for He may convene special sessions
of the Legislature, but at such sessions no lcgiS-
| lative business may be transacted, except such
az 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.
ceedng sixty days. The Governor, Justices of
the Supreme Court and Attorney General arc
constituted a Court of Pardons, except in cases
oft md inn liant
Governor is to be elected ut 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-:
! scribed. The Governor, Secretary of state and
Attorney General are constituted Il Board of
| State Prison Directors, md also a BoRrd 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 LIE
| gislature.
The only change of Importance from the old
Constitution in this Article Is providing for the
election of Surveyor General.
ARTICLE vI-JUDICIAL DEPARTMENT.
| Vests the judicial power of the State in 4 Su.
preme Court, consisting of Chief Justice and
two Associate Justices with power in the Legs.
lature to add two associates nine District Courts
| Cat 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.
tpreme 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
Tho nd int
dicial Districts; Storey county constituting the
First, 0rmsby 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 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 Il cO-eXtensive 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
| spectire Districts The District Courts have
original Jurisdiction in all wherein the SIl.
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 offorcible 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-
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 us 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 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 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-
dicial officers, except Justices Of the Peace are
liable to impeachment for misdemeRnor or mai.
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 Oifense
IL 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
This Article Is substantially the same as that
in the old Constitution, except the provision re.
During the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor.
ARTICLE vIII-MUEICIPAL AND OTHER CORPoR.
| ATOMS.
Prohibits special legislation in regard 20 cor.
porations 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 DO 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
t. or subscribing to the stock Of any corporation
or association, except for educational or charlta'