Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-22
CONSTITUTION OF NEVADA.


ton oftaxes 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. A
uniform system of county and township govern
ment is required to be established. Lotteries and
the sale oflottery 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 10 twenty days
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 wife The county
officers to be elected are specified, the Legissr
ture TO prescribe their duties and compensation.
The compensation oflegislators cannot be chang
ed during their terms; each member Is allowed
not exceeding $50 per session for stationery
| newspapers, postage, etc,i 81 day addltionalB
allowed the presiding officers of each branch
| Elections Of United States Senators are TO De
made in Joint Convention by the Legislature
next preceding the expiration Of the Senatorial
| term, or Immediately after the happening oil a
vacancy; In case offailure of the two Houses 10
| meet in Joint Convention within twenty days LOT
| this purpose, the Governor may cal suen Eon
| yention or proclamation. Two-thrds OF All tue
| members elected to each branch are necessary
I
! Governor is allowed FIVE days during the session.
| or tan 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; a.
\ lowing the Senate TO hold secret executive SEES
| sions; permitting special legislation respecting
| fees and salaries, and the interest on money
emitting the specification of the amount or fauue
of the homestead exemption, and leaving that 10
- sl,I fnrh r,l oxu Orni section
| bidding the passage of any law authorizing mar
ried women to act as sole traders emitting the
| limitation Of the salaries Of county ofhcers, and
the per diem of the members ofthe Leglslatureet
| ARTICLE v-ESEcUTIyE DEPARTMENT.,
| Vests the executive power in a Governor, to De
| elected for four years, who must be qualified
elector, twenty-five years of age, and, except al
the first election for two years preceding his cleo
tion resident Of the State. Provides for canvass
ing election returns for Governor and other state
officers The Governor il Commander. in. 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, see that the
laws faithfully executed, and to I'LL vacancies
in Office by appointment where not otherwise
provided for. He may convene special sessions
of the Legislature, but at such sessions no legis
latve 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, 10 adjourn
| the Legislature 10 sucn time as ne may tulnk
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 is to be elected at the same time and
| for the same tern Us 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 n Board of
State Prison Directors, and also Boerd 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 Le-
gislature.
The only change of importance from the old
Constitution in this Article is providing for the
election of a Surveyor General
ARTICLE yI-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 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
| 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-
| dcial 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
i ~. - 10 Nka Hf,Nh 10
| 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 co-extensive 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-
| spectiye Districts. The District Courts have
original Jurisdiction In all cases wherein the Su.
| 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 deainer
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
L
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 perquisites for their own
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 of the old Constitution, where
| in the Judicial system was copied substantially
| from that of California - O.
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 q 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, are
| liable TO Impeachment for misdemeanOr or NAL
feasanee in Office but judgment can only extend
| to removal and disqualification from holding
Office. The party Is liable, however, to lndict
i ment and trial according to law, If the offense
i Is indictable. The Judges Of the Supreme and
| District Courts are also liable to be removed
| nom ONCE, 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 10 substantially the same 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 YIII-MuNIcIPAL AND OTHER coRPoR.
ATIoHS
Prohibits special legislation in regard to cor.
porations, except for municipal purposes, but
allows corporations to be formed under general
laws Property Of corporations 10 subject to tax.
alton Ike 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
procuring supplies Of water. The State il pfo
hibited from loaning or giving money or its Grad.