Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-04
CONSTITUTION OF NEVADA.

poses providing for opening anu conducting
| elections Of State, county or township "hcers,
and designating the places of voting; providing
for the sale OF real estate belonging 10 minors OF
otner persons Laborng under legal alsi.Gses. n
| uniform system of county and township govern,
ment is required to be established. Lotteries ana
the sale OF lottery tickets are prohibited. Extra
compensation to officers and employees OIL Ihe
| Legislature Is forbidden. The hrst regular SEES
sion ~ limited 10 ninety days, suosequent seS'
sons OF sixty days; and special SESSIONS, con
! vened by the Governor, 10 twenty days a
homestead " us provided by law" Is required to
| be exempted from forced sale, except IN certain
| enumerated cases. Provision is made Tor sernr'
| ing the separate property ofa wife. Inc county
officers to be elected are specified The LeGlSia'
| Eure to prescribe their duties and compensation.
| The compensation of Legislators cannot be chanS.
ed during their terms; each member is allowed
| not exceeding $50 per session for stationery,
newspapers, postage, ETC.; 81 day aGuiilOhal Is
allowed the presiding officers OF each orancn
Elections of United States Senators are to be
made in JOINT Convention by the Legislature
| next preceding the expiration Of the senatorial
term, immediately after the happening OF a
vacancy; in case Offailure Of the two Houses to
meet III Joint Convention within twenty days tor
this purpose, the Governor may call Snch Con
| vention or proclamation. Two.thirds Of all tile
members elected TO each branch are necessary 10
| pass any bin over the Governors veto. The
| or ten days thereafter, within which 20 veto
bill; and in the latter casr the bill must be laid
before the next session OF the Legislature.
The changes in this Article from the old Con-
| stituiion are numerous. Among them are: al
| lowing the Senate TO hold secret executive SEES
sons permitting special legislation respecting
| fees and salaries, and the interest on money
omittng the specification of the amount or value
| Of the homestead exemption. and leaving that TO
be provided for by law emitting the Sectionfor
| bidding the passage of any law authorizing mar
| rird women to act as sole traders; emitting the
limitation Of the salaries of county ofncerS, ana
the per diem of themcmbcrs ofthr Legislaturc,c etc
ARTICLE r-EXEcUTIvE DEPARTMENT.
| Vests the executive power in Il Governor, 10 be
elected for four years, who must be Il qualified
elcct0r, twenty.tiv years OF uge. and, except at
the first election for two Years preceding his cleo
ton. resident of the Slalc. Provides for CANVASS
ing election returns for Governor and other state
officers. The Governor is Commander. in.C Chief OF
the military forces of the State except when
called into the service the United States. He Is
to transact all executive business. that the
laws are faithfully executed and 10 ill vacancies
in Office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature, but az such sessions no legis
latvc business may be transacted except such
US the Governor may call attention TO- lie has
power, in case of disagreement between the Two
Houses rs 10 the time OF adjournment, To adjourn
the Legislature TO such time rs lie may think
proper, but not beyond the time for the meet
ing of the next Legislature. lie may suspend
fines and forfeirures and grant rrprrves not px-
creling sixty days The Governor, Justices Of
the supreme Court aud Attorney General are
constituted 4 Court of PardOns except in cases
7 of treason and impeuchmrntS. y Lieutenant
. Governor Is 10 b. elected NJ the same time and
for the same terul as the Governor. The usua!
powers and duties Of such officer are prescribed.
\ Secretary oil State, Treasurer, Controller, 'rr.
veyor General aud Attorney General are also
provided for and their powers aud duties pre-
] scrbed. The Governor, Secretary Of state and
Attorney General are constituted Board ~
! State Prison Directors and also BOGrd of tx
amiuers 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
! gisaturC.
The only change OF Importance from the old
Constitution i'll tuS Article is providing tyr the
election of a Surveyor General n
~. ARTICLE vl-JUDlCIAL DEPARTMBt
Vests the judicial power of the STATE INA SIT.
preme Court consisting of Chief Justice and
TWO Associate Justices with power in the Legis'
lature TO add two associates nine District Courts
! lat pTcSrnO and Justices of the Peace. The
| Legislature may also establish Municipal Courts
in incorporated cities and towns The Justices OF
! the Supreme Court are 10 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 90 out of office every two years. The ~.
| prcIue Court has appellate jurisdiction in AL
cases in equity, and in all cases ut law involving
real estate or mining claims the legality of taxes
assessments, fines ETC. where the amount in coz
. troverSy exceeds three hundred dollars also on
/ questions of law alone In criminal eases amount
ing 10 felony. The State is divided into nine Ju'
| diciai Districts; Storey county constituting the
First, Ormsby the SECOND, Lyon the Third
| washoe the Fourth, Nye and Churchill the Firth
| Humboldt the Sixth Lander the Seventh. Doug
| las the Eighth, Esmeralda the Ninth. ROop II
| attached toIhr WaShOe district The Legislature
may alter or change the districts hereafter, or
! increase diminish the number OF districts OF
Judges The First. or Storey District, has three
District Judges with a co-extensive and concur
rent jurisdiction. The District Judges are 10 Oe
elected for tour years, and are 10 be paid out OF
the treasures of the counties comprising their
spectiye Districts The District Courts have
original jurisdiction in oil cases wherein the Su,
preme Court has appellate Jurisdiction also, re-
la;ng 10 estates OF deceased persons, and persons
and estates of minors and insane persons. and Of
the action of forcble entry and unlawful dctaiucr
and of all criminal cases not otherwise provided
by law. They have final appellate Jurisdiction
in all eases 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
l
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 AMI of actions for the possession of lands
| and tcnements in certain specified cases. The
Supreme Court, District Courts, and such other
Courts as the Legislature may determine. arr
Courts OF Record. Their Judges ARE NOT allowed
to receive fees and perquiSitcS for their own uSe.
Judges are ineligible 10 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 10 any judicial officer, and the absence
Of such officer from the State Tor 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 ASD REMOVAL
FROM OFFICE.
Provides for impeaching by the Assembly, and
trials bv the Senate. the Chief Justice o. preside
a; the trial of Governor or Lieutenant Cover
| nor and two-thirdJ 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 nisdemeanor or NAL.
feasaucc 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 otfensc
! is indictable The Judges of the supreme and
District Courts are also liable TO he removed
from Office after IL 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 IL substantially the same M 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-MUEIcIPAL 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. Corpdators in
corporations formed under die laws Of the State
shall not be individually liable for the debts Of
liabilities of such corporations. No bank notes oil
paper of any kind can be allowed to circulate a,
money except the Federal currency and the notes
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 fol
procuring supplies of water. Inc STATE II pro