Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-09

poses providing for opening and conducting
eleetions OF State, county or township officers,
ana designating the places of voting; providing
l"[ tne sale Oh real estate belonging to minors or
DINER persons laborng under legal disabilities A
uniform system of county and township govern
lneht II required to be established. Lotteries and
the sale OF lottery tickets are prohibited. Extra
compensation 10 officers and employees of the
Legislature Is forbidden. The first regular seq.
sion is limited to ninety days subspnurnt sps
sions Of sixty days; and special sessions con.
vened by the Governor, to twenty days A
homestead las provided by law" ia reouired N
be exempted from forced sale, except In certain
enumerated cases. Provision is made for serur
ing the separate property of a wife The county
officers to be elected are specified, the Lerisle.
ture 10 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 IA
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-
yentiOn or proclamation. Two-thirds of oil 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 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-
stitulion are numerous. Among them are al
lowing the Senate to hold secret executive SEES
sious; permitting special legislation respecting
fees and salaries, and the interest on money !
emitting the specification of the amount or value
vf 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 q Governor, to be
elected for four years, who must be a qualified
elrctor, 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 Commandrr.in.Chiefo of
the military forces of the State except when
called into the service of the United States. He is
to transact all executive business, sec that the
laws are faithfully executed and to fill vacancies
in office by appointment where not otherwise
provided for. lie may convene special sessions
Of the Legislature, but n such sessions no legis-
Iative business may be transacted, except such
as the Governor may call attention to. lie has
power in case of disagreement between the two
Houses ~ 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 fOrfciturps and grant rcpricvcs not eX.
ceedng sixty days The Governor, Justices Of
the supreme Court and Attorney General are
constituted a Court of Pardons, except IN cases
Of treason and impcachmrnts. A Lieutenant
Governor is TO be elected at the same time and
for the same term az the Governor. The usual
powers and duties of such officer ure prescribed.
a Secretary of State Treasurer, Controller, sur
vcyor General and Attorney General are also
provided tor and their powers and duties pre-.
scribcd The Governor, Secretary of State and
Attorney General are constituted Il Board of
State Prison Directors and also BOsrd of Ex-
amucrS, 10 audit all claims against the State
except salaries or compensation fixed by law, be-
fore such claims can BIZ passed upon by the Lee
gislaturc
The only change Of importance from the old
Constitution in tns Article IL providing for the
election Of Surveyor General.
ARTICLE vI-JUpIclAL DEPARTMENT.
Vests fhc Judicial power of the State in a Su-
prpme Court, consisting of a Chief Justice and
TWO Associate Justices with power in the Lcgis-
ature 10 add two AssoCiatcs), nine District Courts
(at present. and Justices of the Peace. The
Legislature may also establish Municipal Courts
in Incorporated cities aud towns The Justices Of
the Supreme Court are TO be elected at general
elections Tor six Years EACH but those first elected
will so 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 mining claims the legality Of taxes,
assessments, fines, etc, where the amount in con-
irOverSy exceeds three hundred dollars also on
questions of law alone in criminal cases amount
ing Ia felony. The State is divided into nine Ju-
licial DISTRICTS Storey county constituting the
First, OrmShy 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 cO-eXtensiYe and concur
rent Jurisdiction. The District Judges are TO be
elected for iogr years, and are 10 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 SUI
preme Court has appellate jurisdiction also, re-
lafing 10 estates of deceased persons, and persons
and estates of minors and insane persons, and of
the action of forcble 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.
saton. Justices Courts have jurisdiction only
OF cases not coming within the jurisdiction Of the
District Courts, provided they may have such
criminal Jurisdiction rs 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
1900 and OF actions for the possession of lands
and tcnumcntS 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 uIiD uigift fnr
Judges are ineligible to other than Judicial Offices
during their terms. Provision is made for docket
fees, 10 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 impraching by the Assembly, and
trials by the senate. the Chief Justice to preside
Il the trial Of a Governor or Lieutenant Cover
nor aud twO.thirds of the Senators elected TO
be necessary for conviction. All State and jI.
dcial officers, except Justices Of the Peace, are
liuble to Impeachment for misdemCanor or NAL
feitsance in Office but Judgment can only extend
to removal and disqualification from holding
office. The party is liable, however, to indict
meIIt and trial according to law, If the oifense
Is indictAble. The Judges of the supreme and
District Courts are also liable to be removed
rom Office, after II hearing, by vote of two
thirds of the members elected to each branch of
the Legislature. Provision NAV 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.
ouiring the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor.
ARTICLE VIII-MUNICIPAL AND OTHER CoRPoR-
ATOMS
Prohibits special legislation in regard to cor.
poratiuns, except for municipal purposes, but
allows corporations TO be formed under general
laws Property of corporations is subject to tax.
alton like thai of individuals CorporatOrs in
corporations formed under Che laws of the State
shall not be individually liable for the debts or
liabilities of such corporations. No bank notes OF
paper of INV kind can be allowed to circulate rs
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 wnter The State Is pro-
hbted from loaning or giving money or Its cred
It, or subscribing to the stock OF any corporation
or association, except for educational or chnilta-
bic purposes. Counties, cities, towns and otner
municipal corporations are prohibited from DC,
coming stockholders or lOaning their credit in aid
of any company, corporation or association ex-
cept railroad companies, corporations or assoeia'
tons"
The material changes in this Article from the
old Constitution are, permitting the clrcuIa'oh Vi
the notes of banks authorized under the laws 0,
Congress emitting the provlso when On oe
the State to 1ue bonds not exceeding S3rVo'ouu
in aid of the Pacific Railroad, and authorizing
IN