Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-14
CONSTITUTION OF NEVADA. !

ling grand and petit Juries, and providing for their
compensation regulating county and township
business; regulating the election of county and
township officers for the assessment and collec-
ton Of taxes 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 iaporng under legal disabilities. A
uniform system Of county and township govern.
ment Ia required to be established Iotteries and
the sale of lottery tickets are prohibited Extra
compensation TO officers and emniovees of the
Legislature Is forbidden. The first regular ses.
SION IL limited to ninety days, SUBSEQUENT ses.
sions of sixty days. and special sessions con.
vened by the Governor. 10 tyyent,, H.,
homestead " as provided by law +" II required 10
be exempted from forced sale excent In cart.;r
enumerated cases. Provision is made for Secnr.
ing the separate property of wife. The county
officers to be elected are specified, the Ierisl:,
ture 10 prescribe their duties and comnen sss;o,,
The compensation of Legislators cannot be chanr.
ed during their terms each member is allowed
not exceeding $50 per session for stationery
newspapers, postage, etc.; 81 day additional Ia
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 q
vacancy; in case offallure 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 five days during the session.
or ten days thereafter, within which to veto q
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 ars: al
lowing the Senate to hold secret executive ses'
Bons permitting special legislation respecting
fees and salaries, and the interest OIL money ;
emitting the specification of the amount or value
Of the homestead exemption, and leaving that to
be provided for ny law emitting the section for
bidding the passage Of any law authorizing mar
ried women to act AZ sole traders; emitting the
Limitation of the salaries of county officers and
the per diem of the members ofthe Legislature, etc
ARTICLE V-EXECUTIyE DEPARTMENT.
Vests the executive power in a Governor, to be
elected for four years. who must be q qualified
elector, twenty five years of age, and, except at
the first election, for two years preceding MS cleo
ton, resident of the State. Provides for canvass
ing election returns for Governor and other state
officers. The Governor Is Commanderin'Ch 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 are faithfully executed, and to fill vacancies
IN Office by appointment where not otherwise
provided for. He may convene special sessions
hSnsAoAio
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 rs 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 cx.
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 term rs 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 Board OF Ex-
aminers, to audit oil claims against the State,
except salaries or compensation fixed by law, be-
fore such CLAIMS can be passed upon by the Lee
gislature.
The only change of importance from the old
Constitution in tlIR Article IN 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 a Chief Justice and
two Associate Justices with power in the Legis-
laturc 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 for six years each but those first elected
are TO draw for long and short terms, so that one
will 20 out of Office every two years. The SUI
prene Court has appellate Jurisdiction in all
cases in equity, and in all cases ut law involving
real estate 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 10 felony. The State is divided into nine Ju-
dical 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.
las the Eighth, Esmeralda the Ninth. Roop is
attached TO the Washoe district. The Legislature
may alter or change the districts hereafter, or
increase OF diminish the number Of districts or
Judges. The First, or storey District has three
District Judges with n 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-
spective Districts. The District Courts have
original Jurisdiction in all cases wherein the Su-
preme Court has appellate Jurisdiction also, re-
latipg 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 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-
sutton. 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 jurls-
diction concurrent with the District Courts in the
enforcement Of mechanics liens, not exceeding
$780, and Of actions for the possession Of lands
and |tenements in certain specified cases. The
Supreme Court, District Courts, and such other
Courts rs the Legislature may determine, are
Courts of Record. Their Judges are not allowed
to receive fees and perquIsites for their own nse
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 Gun 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
ARTICLE VII IMPEACHMENT AND REMOVAL
FROM OFFICE
Provides for impeachng by the Assembly, and
trials by the Senate, the Chief Justice to preside
az the trial of O 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.
feassnce in officr 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 offense
IN indictable The Judges of the supreme and
District Courts are also liable to be removed
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 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 vIII-MUNICIPAL 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. Corporntors in
corporations formed under the 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