Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-11
CONSTITUTION OF NEVADA,

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 laboriDg 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 prohIhtod Eytra
compensation to officers and emnlovoos ~ the
Legislature Is forbidden. The trst rrgnIsr ses.
sion is limited to ninety days, subsequent ses.
sions of sixty days; and 81 ?cial sessions con. |
vened by the Governor, to twenty days 4
homestead "as provided by law" Is reorircd ~ |
be exempted from forced SALE except IN cortoiu |
enumerated cases. Provision IL made for secnr
ing the separate property of a wife. The county
officers to be elected are specified, the LepisIa
ture to prescribe their duties and Compensation
The compensation of Legislators cannot be chang
| ed during their terms each member Is allowed
not exceeding 960 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 10
meet In Joint Convention within twenty days Tor
this purpose, the Governor may call such Con
| venton or proclamation. Twothirds 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 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
4 ln,s D1n
ried women TO act as sole traders emitting the
limitation of the salaries of county officers and
the per diem of the members ofthc Legislature etc.
ARTICLE y-EXECUTIYE 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 his cleo
ton, resident of the State. Provides for canvass
ing election returns for Governor and other state
| officers The Governor is Commander'inChiefof
| the military forces of the State, except when
called into the service Of the United States Heis
| TO transact all executive business sec 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 at such sessions no legls-
| latye business may be transacted, except such
| as 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 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. Lieutenant
Governor IL to be elected at the same time and
| for the same tern 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 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 q BOPrd OF Tx
| aminers. to audit all claims against the State,
except salaries or compensation liked by law, be-
fore such claims can be passed upon by the Lee
| gislature.
The only change Of Importance from the old
Constitution in thus Article is providing for the
election of Surveyor General
ARTICLE vI-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 presenO 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 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-
troverSy 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
| los EI0h9h Eamnrada the Ninth ROOD 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 a co-extensive and concur
| rent Jurisdiction. The District Judges IRE 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 su.
preme Court has appellate jurisdiction also, re-
atng to estates of deceased persons, and persons
and estates Of minors and insane persons, and Of
the action of forcble 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 Jurs'
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 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 Oh 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
at the trial of Governor or Lieutenant Cover.
nor, and two-thirds Of the Senators elected to
be necessary for conviction. All State and jul
dicial officers, except Justices Of the Peace, are
liable TO impeachment for misdemeaDor or maj.
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 ndictable. The Judges of the supreme and
OOuTIB hTo hlhO llhUlu W w iSh'p'NN
from office after hearing, by vote of two
thirds of the members elected TO each branch OF
the Legislature, Provision NAV 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.
curing the Chief Justice 20 preside at the trial
of Governor or Lieutenant Governor
ARTICLE vIII-MUN1cIPAL AND OTHER coRPoR-
.... ATOMS.
Prohibits special legislation In regard TO cor
poratons, 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 loanng their credit except for