Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-24
CONSTITUTION OF NEVADA.


ling Frnnd md petit ures and providing for their
compensation Regulating county and township
business; regulating the election Of county and /
township ofncers; for the assessment and collec-
ton oftaxss for Stats, county and township purt
Poses proVaaing ler opening and conducting
elections OF state county or township officers |
and designating the places Of voting; providing 1
for the sale Of real estate belonging 10 minors or
other persons laboring under IeRsI dissbllIties A
uniform system OF county and township govern
ment Is required 70 oe established Lotteries and
compensation to officers and EMPLOYER of the |
Legislature Is forbidden. The frst regular ses.
don ID limited 70 ninety days Eubsenuent ses- |
Bions Of sixty days. and special sessions con. |
vened BY the Governor, to twenty dayS A
Homestead az provided by law" Is required TO |
be exempted from forced sale, except IN certain |
enumerated easeA. Provision is made for sacrr.
ing the separate property Of a WIFE The eountv |
officers TO be elected are specified the I,esi,la |
ture 10 prescribe their duties and eompensssion |
The compensation Of legislators cannot be chang.
ed during their terms; each member Is allowed
not exceeding $50 per session for stationery.
newspapers, postage, etc.; e2a day additionalis
allowed the presiding officers Of each branch.
Elections of United Statea 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 20
meet In Joint Convention within twenty days for
this purpose the Governor may call such Con
vention or proclamation. sTwo.thirds OF all tne
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 Iaid
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 res
slonB; 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 ior
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 Leglslatureetc.
ARTICLE v-EXECUTIvE 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 elec'
ton, resident of the STATE. Provides for canvass
ing election returns for Governor and other State
officers The Governor Is Communicated Chief OF
the military forces Of the State, except when
called into the service of the United States He IL
to transact all executive business see 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 legis-
lative business may be transacted, except such
as the Governor may call attention to. He has
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 reprieyes 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. A Lieutenant
| Governor Is to be elected at 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
yeyor General and Attorney General are also
provided for and their powers and duties pre-.
| Scribed. The Governor, Secretary OF state und
Attorney General are constituted Board OF
| State Prison Directors, and also BOPrd 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'
| gislsture. .-..-.... Fl
The only change of importance from the old
Constitution In tins Article In providing for the
election Of q 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 sssocates, 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 60 out Of Office every two years. The su.
preme Court has appellate Jurisdiction in all
cases In equity, and In all cases Mt 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 il divided into nine Ju.
dicial Districts; Storey county constituting the
First, Ormsby the second, Lyon the Third
| Wsshoe the Fourth, Gye 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 or
Judges. The First, or storey District, mas three
District Judges with co-extensye 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 DistrictA The District Courts have
original Jurisdiction In all cases wherein the Su-
preme Court has appellate Jurisdiction ALSO re-
iatng to estates of deceased persons, and persons
and estates Of minors and insane persons, and Of
the action of forcbe entry and unlawful detainer,
and of all criminal cases not otherwise provided
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 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
$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 perquistes for their own use.
Judges are ineligible to other than judicial offices
during their terms. Provision Ia 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. Wv
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
..a.. .l.a- FROM OFFICE. ..Irs tr'
Provides for impeschlng 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. AL State and ju-
dlcial officers, except Justices Of the Peace, are
liable to impeachment for misdemeanor or NAL
feasance in Office but Judgment can only extend
to removal aud Disqualification from holding
office. The party Is liable, however, to indict-
ment and trial according to law, If the ofhense
Is lndictable. The JudgeS Of the supreme and
District Courts are also liable to be removed
rom Office, after hearing, by vote Of two
thirds Of the members elected to each branch of
the Legislature Provision NAV be made by law