Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-21


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.
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 SEES
sions of sixty days; and special sessions, con-
vencd 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 il made for secur-
ing the separate property ofa.wife. The county
officers TO be elected are specified, the Legisla'
ture TO prescribe their duties and compensation.
The compensation Of Legislators cannot be'ehang-
ed during their terms each member is allowed
not exceeding $50 per session for stationery
newspapers, postage, ETC.. e day aaditlonal II
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 a
vacancy In case offailure of the two Houses 10
meet in Joint Convention within twenty days for
this purpose, the Governor may call such Con-
vention or proclamation. Two-thlrds of all the
members elected to each branch are necessary 10
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 Ses.
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
hn hy he sect
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-EXEcCTIyE DEPARTMENT.
Vests the executive power in Governor, TO be
elected for four years who must be qualified
elector, twenty five years of age, and, except at
the first election, for two years preceding bis cleo
ton, resident of the State Provides for canvass.
ing election returns for Governor and other state
officers The Governor il CommanderinChiefo OF
the military forces OF the State, excerpt when
called into the service of the United States He IL
to transact all executive business, see that the
laws ore 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. lie mas
power, in case 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 forfeitures and grant reprieves not ex-
ceeding sixty days. The Governor. Justices of
the Supreme Court and Attorney General are
constituted a Court of Pardonsr except in cases
of treason and mpeachments. Lieutenant
Governors 10 be elected ut the same time and
for the same term as 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 nlso
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 O Board OF EI.
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
gislaturc.
The only change of importance from the old
Constitution in this Article Is providing for the
election Of a 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 in the Legs'
ature to add two aSsociates), nine District Courts
lat presenD 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 Mt general
elections for six wears EACH but those first elected
will go ont of Office every two years The Su:
prcme 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-
trovcrsy exceeds three hundred dollars; also on
questions of Law alone, in criminal cases amount
ing to felony The State Is divided into nine in
dicial Districts; Storey county constituting the
First, Ormsby the Second, Lyon the Third
Washoe the Fourth, Nye and Churchill the Filth
Humboldt the Sixth, Lander the Seventh, Doug
las the Eighth, Esmeralda the Ninth. Roop Ii
attached to the Washoe district. The Legislature
may alter or change the districts hereafter, OF
increase or diminish the number of districts OF
Judges. The First or 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-
spective Districts The District Courts have
original Jurisdiction in all cases wherein the SUI
preme Court has appellate Jurisdiction also, re-
IAting TO estates of deceased persons and persons
and estates of minors and insane persons, and OF
the action of forcble entry and unlawful detaincr,
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
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
$780, and of actions for the possession of lands
and tenements in certain specified cases. The
| Supreme Court, District Courts, and such Othel
Courts as the Legislature may determine, arr
| Courts of Record Their Judges are not allowed
to receive fees and perqulsites for their own use
Judges are ineligible TO other than judicial office
| during their terms. Provision is made for doeke
fees, to be applied toward the payment Of the
salaries of Judges. No leave Of absence can b
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, ant
trials by the Senate the Chief Justice TO preside
u the trial of Governor or Lieutenant Cover
nor, and two-thirds of the Senators elected to
be necessary for conviction. All State and ju.
dicial officers, except Justices Of the Peace, art
liable 10 impeachment for misdemeanor or NAL
feasance In office but judgment con only extend
10 removal and disqualification from holding
office. The party Is liable, however, to indict.
ment and trial according to law, If the offense
IL indictable. The Judges Of the Supreme and
District Courts are also liable to be removed
nom Office, after a 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 ia substantially the name as that
in the old Constitution. except the provision re.
curing the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor.
ARTICLE vIlI-NUN1cIPAL 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 al
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 water. The State Is pro.
hibited from loaning or giving money or its cred.
II, or subscribing 10 the stock Of any corporation
or association, except for educational or chRrita.
BILE purpoSes Counties, cities, towns and other
municipal corporations are prohibited from be.
coming stockholders or loanng their credit In aid
Of any company, corporation or association, Eek.
cept railroad companies, corporations or aSsoeta-
tions."
The material changes In. this Article from the
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