Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-22
CONSTITUTION 0F NEVADA.

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-
tion of taxes for State, county and township pnr-
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 laborng under legal disabilities. A
| uniform system Of county and township govern.
ment 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 ses-
| sion IA limited TO ninety days, subsequent ses-
| sions of sixty days; and special sessions, con-
| yened 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-
inr the separate property of q wife. The county
| officers TO be elected are specified, the Legisa-
| ture 10 prescribe their duties and compensation.
| The compensation oflegisators cannot be chang
| ed during their terms; each member ii allowed
not exceeding $50 per session for stationery,
newspapers, postage, etc. 81 day additional Is
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 offaiure 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 SEES
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 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 Governor to be
elected for four years, who must be a qualified
elector, twenty-five years of age, and, except at
the first election, for two years preceding his cleo
tion resident of the State. Provides for canvass
| ing election returns for Governor and other State
| officers The Governor is Commander.inChiefO Of
the military forces of the State, except when
called into tho service of the 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 ut such sessions no legis-
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 reprieyes not ex.
ceeding sixty days The Governor, Justices of
the Supreme Court and Attorney General arc
uttt Ital q Dnrl in ma
of treason and impeachments. A Lieutenant
| Governor IL TO be elected at the same time and
for the same term 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-.
scribcd. The Governor, Secretary of state and
Attorney General are constituted Board Of
| State Prison Directors, and also Board 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 Lee
gislature.
The only change of importance from the old
Constitution In this Article is providing for the
election of Surveyor General,
ARTICLE v1-JUDIcIAL DEPARTMENT.
Vests the judicial power of the State in Su-
preme Court, consisting Of Chief Justice and
two Associate Justices with power in the Legis
lature TO add two associates nine District Courts
lat present. and Justices of the Peace. The
Legislature may also establish Municipal Courts
i'll incorporated cities md 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 90 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-
trOversy exceeds three hundred dollars; also on
questions of law alone, in criminal cases amount
| ing TO felony. The State Is divided into nine Jul
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 IL
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, Storey District, has three
| District Judges with q co-extensiye 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 re-
spectve 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
| and estates of minors and insane persons, and of
the action of forcible entry and unlawful detaner
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 jurls.
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 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
! NJ the trial of Governor or Lieutenant Cover
! nor and twothirds of the Senators elected to
be necessary for conviction. AL State and ju-
|
| liable to impeachment for misdemeanor or nal.
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 otfense
| IL indictable. The Judges of the Supreme and
| District Courts are also liable to he removed
from 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 officers
This Article Is substantially the same AZ that
in the old Constitution, except the provision re.
auiring 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
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. CorporHtors 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 or
paper of any kind can be allowed to circulate AZ
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 loanng their credit except for
NJ h. Gtata L,