Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-10

be by sections, and the ayes and noes must be
! 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 bs general
and uniform In operation, as far a. possible, and
local or special legislation 10 expressly forbidden
Regulating the Jurisdiction and duties OF JUS
| ticeU Of the Peace and Constablcs; for the pun
| ishiug of crimes and misdemesnors; regulating
| the practice Of courts of justice; providing for
| changing the venue In civil and criminal cases:
| granting divorces; changing the names OF per-
| sons; vacating roads, town plots Streets alleys
\ and public squares summoning and impannei-
ling grand and petit juries, and providing for their
compensation; regulating county and township
business regulating the election Of county and
township officers; for the assessment and collec-
ton Of taxes 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 oflottery 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.
sions Of sixty days; and special sessions, con.
vened by the Governor to twenty days A
\
be exempted from forced sale, except In certain
enumerated cases. Provision II 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 $50 per session for stationery, ),
newspapers, postage, etc; % Q day additional Il
| allowed the presiding oficers or each branch.
| Elections Of United States Senators are TO be
made IN Joint Convention by the Legislature
next preceding the expiration ofth Senatorial
term, or Immediately after the happening Of
vacancy; in case offailure fthe two Houses to
meet in Joint Convention within twenty days for
| this purpose, the Governor may call such Con.
| vention or proclamation. Two.thlrds Of all the
| members elected to each branch are necessary to
| pass any bill over tho Governors veto. The
Governor Is allowed five days during the session,
| or ten days thereafter, within which to veto q
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-
Btitution 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 tho 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 az sole traders; emitting the
limitation Of the salaries Of county officers, and
the per dlem OF Oftnememoers ottne LegBlRtureet etc-
ARTICLE V-EXECUTIvE DEPARTMENT.
Vests the executive power In o Governor, TO be
elected for four years, who must be u qualified
elector twenty 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 Commander in Chief of
| the military forces of the State, except when
called into the service ofths 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 as 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-
ceeding sixty days The Governor, Justices Of
| the Supreme Court and Attorney General arc
constituted Court of Psrdons, except In cases
| of treason and impeachmenta A Lieutenant
| Governor Is 10 bo elected at the same time and
| for the same term az the Governor. The usual
| powers aud duties of such officer are prescribed
A Secretary of State Treasurer Controller, Sur.
yeyor 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 q Boerd of Ex.
| aminers, to audit all claims against tho State,
except salaries or compensation fixed by law, be.
fore such claims can be passed upon by the Le-
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.
i Vests the judicial power of tho State In Su.
preme Court, consisting Of Chief Justice and
two Associate Justices with power In the Legis.
lature to add two associ8tes nine District Courts
! (at present 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 for six years each, but those first elected
are to draw for long and short terms, 80 that one
| VIII go out Of office every two yeara 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 10 felony. The State IN 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 Is
attached to the Washoe district The Legislature
| may alter or change tho districts hereafter, or
increase or diminish the number Of districts or
| Judges. The First or Storey District, has three
| District Judges with coextensive and concur
| rent Jurisdiction The District Judges are to be
elected for four years, aud are to be paid out Of
the treasures Of the counties comprising their re-
| spective Districts The District Courts have
original Jurisdiction in all cases wherein the Su-
premc Court has appellate Jurisdiction also, re-
lating 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 al 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
4 criminal Jurisdiction may be conferred by law,
and the Legislature may confer upon them Jur1S-
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
Courts of Record. Their Judges are not allowed
to receive fees and perquiBites for their own use.
Judges are ineligible to other than judicial offices
during their termG 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 impesching by the Assembly. and
| trials by the Senate, the Chief Justice 10 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 misdemeanor or NAL.
feasanee in Office but Judgment can only extend
to removal and disqualification from holding
office. The party 10 liable however, to indict.
ment and trial according to law, II the offense
Is indictable. Tho Judges Of the Supreme and
District Courts are also liable TO be removed
nom 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 ofaeera
| This Article Ia substantially tho same ~ that
in the old Constitution, except the provision re.
quiriug the Chief Justice 20 preside at the trial
/ Of Governor or Lieutenant Governor.
ARTICLE vIII-MUNICIPAL AND OTHER coRPoR-
l.. ATOMS
Prohibits special legislation In regard to cor.
| DoPatInna for munlciDal purDoBeH, Dut