Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-12

I i
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 houss 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 b. general
and uniform In operation. as far as Poseioie, ana
local special legislation Is expressly forbidden
Regulating the Jurisdiction and duties Of JUS
tices Of the Peace and ConEtables: for the pun:
ishing Of crimes and misdemeanors; 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; yacating roads, town plots, streets, alleys
and public squares summoning and impannel-
ling grand and petit urfeS, and providing for their
| compensation; regulating county and township
bnsinessi regulating the election Of county and
township officers for the assessment and eollec.
tion 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 of lottery tickets are prohibited Extra
compensation to officers and employees Of the
Legislature il forbidden. The first regular ses-
/ sion il limited To ninety days, subsequent ses-
sions of sixty days; and special sessions con-
veped 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 Proviafon Is made for secur-
ing the separate property Of Wife The county
officers to be elected are specified, the LegiEla-
ture to prescribe their duties and compensation.
The compensation Of Legislators cannot be chang.
ed during their terms each member is allowed
| not exceeding go per session for stationery,
newspapers, postage, etc.; S2 a day additionalis
allowed the presiding officers Of each branch
| Elections Of United States Senators are to be
made In Joint Convention by the LeRiIlature
next preceding the expiration of the Senatorial
| tenn, or Immediately after the happening Of a
vacancy; in ease 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 tho
| members elected to each branch are necessary to
pass any bill over the Governors veto. The
Governor Ia allowed five days during the session.
or ten days thereafter within which 10 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-
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;
Omitting 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 tho 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 ofthe members ofthe Legislature etc
ARTICLE y-EXEcUTIvE DEPARTMENT.
Vests the executive power In Governor, to be
elected for four years. who must be a qualified
elector, twenty years of age, and except at
the first election for two years preceding his elec
tlon, resident of the State Provides for canvaSs-
ing election returns for Governor and other State
officers. The Governor Is Commander-in-C Chief Of
the military forces of the State, except when
called into the service ofthe United States. He IS
| to transact all eXecntiye business, see-that the
laws 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 CAKE 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 forfeltures and grant repreves not e1-
ceeding sixty days The Governor, Justices Of
the Supreme Conrt and Attorney General are
constituted a Court of Pardons except in cases
Of treason and impeaehments. a Lieutenant
| Governor Is TO be elected at the Same time and
for the same teru as the Governor. The usual
powers and duties Of such officer are prescribed
4 Secretary Of State, Treasurer, Controller, sur.
veyor General and Attorney General are also
l
scribed The Governor, Secretary Of state and
Attorney General are constituted a Board Of
State Prison Directors, and also Bosrd Of Ex.
aminerS, to audit all claims RgainSt 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 a Su.
preme Court, consisting of Chief Justice and
two Associate Justices with power 10 tho Legls.
lature to add two assocates) 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 and short terms, so that one
viii go out Of office every two years. The Su.
| preme Court has appellate jurisdiction in all
cases in equity, and In all cases a law involving
real estate or mining claims the legality Of taxes,
| assessments, fnes 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 ls divided into nine Ju.
dicial 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 Is
attached to the Washoe district The Legislature
| may alter or change the districts hereafter, or
| increase or dminish the number Of districts or
Judges. The First. or Storey District has three
District Judges with co-extensive and concur.
| rent Jurisdiction. The District Judges are 10 be
elected for four years, and are to be paid out of
the treasures Of the counties comprising their re-
| spectlre Districts The District Courts have
original Jurisdiction in all cases wherein the Su
preme Court has appellate Jurisdiction also, re-
ating to estates of deceased persons, and persons
I Il
the action of forcible 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 tho Race in each city
and township, and fixes their dnties 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 jurisdicton as may be conferred by law,
and the Legislature may confer upon them juris-
diction concurrent with the District Courts in the
enforcement Of mechRnIcs'g Hens not exceeding
$500 and or actions for the possession of lands
and tenementS in certain specified caseK 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 perquidtes for their own use
Judges are Ineligible to other than Judicial Offices
during their terms. Provision il made for docket
fees, TO be applied toward the payment Of the
salaries of Judges No leave Of absence can be
granted % any, Judicial officer, and the abSence
Of such officer from the State for ninety days va.
cafes his Office No '7''
This Article Is radically different from the cor.
responding Article Of the old Constitution, where.
| In the Judicial ~ ystem was copied substantially
from that of California r---7 =
ARTICLE VII H-lArEAcHMEST AND REMOVAL
.... ... FROM OFFICE .. ....
Provides for impeaching by the Assembly. and
trials by the Senate, the Chief Justice to preside
y the trial OF Governor or Lieutenant Cover.
nor, and twO.thirds of the Senators elected 10
De necessary for conviction. All State and ju.
dieiai ofticers except Justices Of the Peace, are
liable TO impeachment for misdemeanor or nal.
fesssnce In office; but Judgment can only extend
to. removal and dsquslih cation from holding
office The party is liable, however to lndict.
ment and trial according to Law, II the otfense
s indlctable. The Judges Of the Supreme and
District Courts are also liable to be removed
rom office, after . hearing, by vote of two
thirds Of the members elected 10 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 tho old Constitution. except the provision re,
qufring the Chief Justice 20 preside ut the tri"
of Governor or Lieutenant Governor
N III.