Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-28
CONSTITUTION OF NEVADA.

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.
uniform system Of county and township govern.
nent is required to be established. Lotteries and
tho 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 SEES.
sions Of sixty days. and special sessions, con-
vened by the Governor, to twenty days. A
homestead cas- provided by law" is required TO
be exempted from forced sale, except in certain
enumerated cases. Provision is made for secur-
ing the separate property of q wife. The county
officers to be elected are specified, the Legisla-
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 a 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 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 1--WE days during the session.
or ten days thereafter, within which TO veto a
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 seq
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, 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 Y-EXECUTIyE DEPARTMENT.
Vests the executive power In a Governor, to be
elected for four years, who must be n 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 COmnander-in.C Chief of
the military forces of the State except when
called into the service ofthe 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 hot otherwise
provided for. He may convene special sessions
of the Legislature, but ut 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 rs 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 are
constituted Court of Pardons, except in cases
of treason and impeachments. a Lieutenant
Governor is TO be elected ut the same time and
for the same term us the Governor The usual
powers and duties of such officer prescribed.
A Secretary Of State Treasurer, Controller, Sur
veyor 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 BOsrd 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 Lc-
gislature.
|. The only change of Importance from the old
Constitution in tins Article is providing for the
election of Surveyor General:
ARTICLE yI-JUDICIAL DEPARTMENT.
Vests the judicial power of the State In a Su-
preme Court, consisting of Il 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
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, so that one
will go out of Office every two years. The Su:
preme Court has appellate Jurisdiction in all
cases in equity, and in all cases ut law involving
real estate or mining claims, the legality Of taxes,
assessments, fines, etc, where the amount in con-
troyersy 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
1NtrI
Washoe the Fourth Nye md 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, or Storey District, has three
District Judges with q cO-extensive and concur
rent Jurisdiction. The District Judges are 10 be
elected for four 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-
lating TO 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 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 Juris-
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
1T. D., I,ast IY11y fullp cd
to receive fees and perqusites for their own use.
Judges are ineligible TO other than judcinl 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
n the trial of Governor or Lieutenant Cover.
nor and two.thirds of the Senators elected 10
be necessary for conviction. All State and ju-
dlcal officers, except Justices OF the Peace, are
liable to impeachment for msdemeanor or NAL.
feasance in office; but Judgment can only extend
10 removal and disqualification from holding
Office. The party is liable, however, to indict-
mcnt and trial according to law, if the offense
| il indictable. The Judges of the Supreme and
| District Courts are also liable to be removed
| from office, after n 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:
ouring 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. 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 or
paper of any kind can be allowed to circulate as
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 loanlng their credit except lor
| procuring supplies Of water. The sfate Is pro
hibited from loaning or giving money or It's cred
IL, or subscribing to the stock o., any corporation
or association, except for educational or charlta-