Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-29
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 oflcerS'
and designating the places OF yotingi providing
for the sale of real estate belonging TO minors or
other persons laboring under legal disao1iiies' A
uniform system of county and township govern,
ment is required to be established. Lotteries ana
the sale oflottery tickets are prohibited. Extra
compensation to officers and employees OF the
Legislature il 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 as 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 n wife. The county
officers TO be elected are specified, the Legsla-
ture TO prescribe their duties and compensation.
The compensation oflegslators cannot be chang,
ed during their terms each member is 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
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-
vcntlon 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 70 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-
stitutOn are numerous Among them are: al
| lowing the Senate to hold secret executive ses-
sions; permitting special legislation respecting
fans md nd no m
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 az sole traders emitting the
Limitation of the salaries Of county officers, and
the per diem ofthemembers Ofthe Legislature, etc.
ARTICLE v-ExECUTIvE DEPARTMENT.
Vests the executive power ina Governor, to be
elected for. -four years who must be a qualified
elector, twenty five years of age, and, except ut
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.Ch Chief of
the military forces of the State, except when
called into the service of the United States. He is
to transact all executive business, zee that the
laws are faithfully executed, and to ill vacancies
| In Office by appointment where not otherwise
/ provided for. He may convene special sessions
of the Legislature, but at such sessions no legis-
latlve 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 10 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.
cceding sixty days. The Governor, Justices Of
the supreme Court and Attorney General are
constituted n Court of Pardons, except in cases
of treason and impeachment. a Lieutenant
Governor is to be elected ut the same time and
| for the same term rs 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-.
scribed 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 L.
gislature
The only change of Importance from the old
Constitution in this Article il providing for the
election Of u Surveyor General.
| ARTICLE YI-JUDICIAL DEPARTMENT.
yests the judicial power of the State in a 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 presenO and Justices of the Peace The
Legislature may also establish Municipal Courts
|
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 go out of Office every two years 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-
troSersy 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
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 diminish the number of districts OF
| Judges. The First, or Storey District, has three
District Judges with n cO-cxtensive 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
| spective Districts. The District Courts have
original jurisdiction in all cases wherein the SUI
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
ofcases not coming within the jurisdiction OF the
| District Courts, provided they may have such
criminal jurisdiction ns may be conferred by law,
and the Legislature may confer upon them juris-
dicton 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 ofthe 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 a Governor or Lieutenant Cover.
nor, and two.thirds of the Senators elected to
be necessary for conviction All State and ju-
| dcial officers, except Justices Of the Peace, are
liable TO impeachment for msdemeanor 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
Is indictable. The Judges of the supreme and
District Courts are also liable TO be 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 as that
in the old Constitution, except the provision re.
auiriug the Chief Justice 70 preside ut the trial
of Governor or Lieutenant Governor.
ARTICLE vIII-MUEICIPALA SD 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 the laws of the State
shall not be individually liable for the debts OF
liabilities of such corporations. No bunk 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 lOaning their credit except fol
procuring supplies of water The State Is pro
hibited from loaning or giving money or its cred
It, or subscribing to the stock Of any corporation
or association, except for educational or chnrtta