Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-08
CONSTITUTION ms n rII OF NEVADA.


poses; providing for opening anu ofscars
elections Of State, county OF Iom Prny;5;ns,
and designating the places OF NoaNs 49,. 20
for the sale Of real estate ,I S,soh;i;t;sS
other persons laboring under les uis aS n
nniforn .vs,s,o OF county and township govern
,nar, = r,,,rsd 10 be established Lotteries and
The sale ofiottery tickets are prohioited. Extra
AUGMENTATION to officers and employees OF the
Legislature is forbidden. Inc ms. regular SEES
s;ons Of sixty days; and Special sessions, con-
-SnsI by the Governor, to twenty daYS A
somesteadi y rs provided by law" is required to
be exempted rom forced sale, except IN certain
enumerated eases. Provision IS made for secur.
ing the separate property Of a wife. The county
officers TO be elected are specified, the Legisla-
ture TO prescribe their duties and compensation.
The compensation oflegislators cannot be chang
ed during their terms each member Is allowed
not exceeding go per session for stationery,
newspapers, postage. etc; o. q 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 a
vacancy; in case offailurs 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 Ave 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 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
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 qualihed
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 is Commander-in-Chiet OF
the military forces Of the State, except when
called into the service OF the United States heis
TO transact all executive business, see that the
laws are faithfully executed and to MI 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. He mas
power, IN case of disagreement between the two
Houses as to the time Of adjournment, to adjourn
1
| 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.
| eeeding 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 10 to be elected at the same time and
/ for the same term a. the Governor. The usual
powers and duties OF such oficer 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 q Board OF
| State Prison Directors. and also Board Of Ell.
| aminers to audit all claims against the State,
except salaries or compensation hxed by law, BE-
fore such claims can be passed upon by the Le-
! gislature. ...-....
The only change Of importance from the old
Constitution in this Article is providing for the
election Of a Surveyor General
ARTICLE YL-JUDIcIAL DEPARTMENT.
Vests the Judicial power Of the State in gu
preme Court, consisting Of Chief Justice and
TWO Associate Justices with power in the Legis-
lature to add two associated nine District Courts
| (at present. and Justices of the Peace. The
Legislature may also establish Municipal Courts
in incorporated cities and towns The Justices OF
4 the Supreme Court are to be elected at general
elections tor six years each but those hrst elected
are to draw for long and short terms, 70 that one
]
preme Court has appellate jurisdiction in all
cases in equity, and in all cases at law inv diving
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 il divided into nine Ju.
dicial 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 il
attached TO the WaahOe 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 a 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-
speetive Districts The District Courts have
original jurisdiction in all cases wherein the Su.
preme Court has appellate jurisdiction also, re-
iatug 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 al 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 a. 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
Courts of Record Their Judges are not allowed
to receive fees and perQulsites 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. srrr. lr-,.s
This Article is radically different from the cor
responding Article ofthe old Constitution, where
1 in the judicial system was copied substantially
from that Of California [lfrE
ARTICLE VII IMPEACHMENT AND REMOVAL
| ..-.sa e.. PROM oRFICE.g ~ -.a BA
Provides for impeacAing by the Assembly, and
trials by the Senate, the Chief Justice to preside
at the trial Of Governor or Lieutenant Cover
| nor, and two-thfrds Of the Senators elected to
be necessary for conviction. All State and in.
dicial officers, except Justices Of the Peace, are
liable TO impeachment for misdemeanor or NAL
feassnce 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, II the ofense
is indictable. The Judges Of the Supreme and
District Courts are also liable to be removed
nom office, after hearing, by vote of two
thirds of the members slectedsto each branch of
the legislature Provision may be made by law
for the removal Of other civil officers
This Article Is substantially the same that
in the old Constitution. exeept the pfoyisior re-
curing the Chief Justice TO preside at the trial
Of Governor or Lieutenant Governor.
ARTICLE vIn-MuSIcIRAL AND OTHER coRPoR-
ATOMS
Prohibits special legislation In regard TO cor