Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-13
CONSTITUTION OF NEVADA.

township officers for the assessment and collec.
ton Of taxes for State, county and township DUR.
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 10 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.to ninety days, subsequent ses
Bions 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 IL made for secur.
ing the separate property Of 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 IL
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-
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 o
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-
stituton are numerous. Among them are al.
lowing the Senate to hold secret executive seS.
sons permitting special legislation respecting
fees and salaries and the interest on money /;
emitting the specification of the amount or value
Of the homestead exemption, aud leaving that TO
be provided for by law emitting the section for
bidding the passage of any law authorizing mar
red 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-ExIcuTIyE 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 cleo
ton, resident of the State. Provides for canvass
ing election returns for Governor and other State
officers The Governor is Commander.in.Ch chief Of
the military forces of the State, except when
called into the service Ofthe United States. He Is
10 transact all executive business, See that the
laws are faithfully executed, and 10 I'LL vacancies
in office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature, but ut such sessions no egis-
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 M 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.
ceeding sixty days. The Governor, Justices Of
the Supreme Court and Attorney General are
constituted a Court of Pardons, except in cases
of treason and impeachments. A Lieutenant
n Ia hn faA nj tha
for the same term rs the Governor. The usual
powers and duties OF such officer are prescribed.
A Secretary of State, Treasurer, Controller, sur.
veyor General md Attorney General are also
provided for and their powers and duties pre-.
scrbed. The Governor, Secretary of state and
Attorney General are constituted a 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 Lee
gislature. =,
The only change of Importance from the old
Constitution In tins Article IL providing for the
election Of a Surveyor General
| ARTICLE vI-JUpICIAL DEPARTMENT.
Vests the judicial power of the State In So
! preme Court, consisting of Chief Justice and
| two Associate Justices with power i'll the Legis
atuTe TO add two aSsociates), nine District Courts
| lat presently and Justices of the Peace. The
| Legislature may also establish Municipal Courts
/
the Supreme Court are TO be elected at general
elections tor xix years EACH but those trst 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 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 l.
attached to the Washoe district The Legislature
may alter or change the districts hereafter, OF
| increase or diminish the number of districts Of
| Judges. The First, or Storey District, has three
| District Judges with co-eItensive ana concur
| rent jurisdiction. The District Judges are TO bt
elected for four years, and are 10 be paid out Of
the treasures of the counties comprising their re
spectve Districts The District Courts have
| original jurisdiction in all cases wherein the Su
preme Court has appellate Jurisdiction also, re
lating TO estates Of deceased persons, and person.
and estates of minors and insane persons, and
the action of forclble 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 othe
inferior tribunals The Legislature determine
the number Of Justices of the Peace in each cit.
and township, and fixes their duties and compen
sation. Justices' Courts have Jurisdiction onl,
of cases not coming within the Jurisdiction of III
District Courts, provided they may have sucl
| criminal Jurisdiction may be conferred by law
and the Legislature may confer upon them juriE
diction concurrent with the District Courts in tn
enforcement Of mechanics liens, not exceeding
$500, and of actions for the possession Of land
and tenements in certain specified cases. Tn
Supreme Court, District Courts, and such othe
| Courts as the Legislature may determine, ar
Courts of Record. Their Judges are not allowe
to receive fees and perqulsites for their own use
Judges are ineligible 10 other than judicial Office
during their terms Provision Ia 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 presid
At the trial of a Governor or Lieutenant Cover
nor, and two-thrds of the Senators elected Il
be necessary for conviction. All State and Ju
dicial officers, except Justices OF the Peace, ar
| liable TO Impeachment Tor mHdelneAnoT Ut MAJ
feasance in office but judgment can only extent
to removal and disqualification from holding
| office The party is liable, however, to indict
ment and trial according to law, If the otfenst
| IN indctable The Judges of the Supreme ant
District Courts are also liable to be removed
| nom 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.
curing the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE vIII-MUyICIPAL 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 corporations Is 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 OF
liabilities of such corporations No bank notes OF
paper of any kind can be allowed TO circulate a
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 oaning their credit except for
procuring supplies Of water. The State hpro'