Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-01-03

NSAAaH ~ NOlSs ~ sASA 80
may be provided by law relative to the man
ner Of applying for pardons." l would re-
specially call your attention to the fact that
these regulations" have not been made.
You should also provide that a certified copy
Of 4 Communication OF death penalty, to impris-
onment shall be q sufficient commitment, and
that thereupon the proper officer shall immc-
diately convey such person to the prison des-
ignatcd. = ffI..FFfE
JUDICIAL DISTRICTS.
Each organized county, with one excep-
ton, is a Judicial District, and burthened
with the support Of a District Judge-Storey
county with that Of three. The aggregate
salaries now being paid by the counties is
ffty-four thousand two hundred dollars esq.,
200).. The amount VI business to be trans
acted will not Justify this enormous outlay.
No change in Judicial Districts, or in num-
Der of Judges, or their salaries, can take ef-
feet until the first Of January, 1867; but I'M
less you make such changes as are necessary
during the present session, to take effect
then, none can be made to be operative sooner
than January LIST, 1871. II you make the
necessary alterations now, you will greatly
relieve the counties and indirectly aid the
State.
PRACTICE ACTS.
Our civil and criminal Practice Acts are,
in many important respects, deficient. |
cannot, however, under existing circum-
s.ances, recommend you to attempt the cure
of these defects during this session /; but sug-
gest that you provide for the appointment Of
a Commission to prepare u civil and a GRIM
inal Practice Act, to be revised by some
Judge or Judges, approved by him or them,
and submitted to the action Of the next Leg
~islature. This, perhaps, is the best and most
economical mode OF obtaining these Acts in
proper form.
GRAND AND TRIAL JURORS.
Different opinions seem to exist as to the
qualifications Of Grand and Trial Jurors. |
think the matter should be made plain by
your action, and that when all other qualili-
cations now required are possessed, the fact
that a party has not been registered as n legal
| voter during the current year should not OPP
crate as a disqualification. l refer you to the
law, section $50, page 454, Statutes Of Neya-
da Territory. 1861, upon the subject OF
q" Challenges to individual Grand Jurors"
The fifth and sixth causes read Us follows
"Fifth-That he is a witness on the part OF
| the prosecution, and has been served with
process or bound by an undertaking as such.
Sixth-That he has formed or expressed a
decided opinion that HE defendant is guilty
of the otFense for which he is held to answer"
These, | think, you should abolish. In al
most every instance 4 party must be indicted
in the county in which the Otfcnsc was com
mitted. This being so, il the above provis-
ions remain intact, cases are not unlikely to
arise, in which, though guilty Of most fla
grant crime, the party could never be indict-
ed, and hence, would go unpublished. The
oath administered to grand jurors seems to
contemplate that witnesses OF parties in pos
| f.nka rnlattpo Nn NJ arnag
to be inquired into by grand juries, may act
thereon ; for they arc sworn to diligently
inquire into, and true presentment make, Of
| all public ~otfcnses committed, or triable in
their county, Of which they hare, or can OBJ
tain, legal information" Again, public Of
lenses have been committed in the State,
which, had they been in some Of the smaller,
counties, tcrritorially speaking, would have
caused so much feeling, and produced so
decided an opinion, generally, OF the guilt OF
| the parties, us to have rendered it impossible
to obtain a grand jury to examine into the
charges-thc sixth cause Of challenge, above
quoted, remaining us ruling law in such
cases. An Indictment is but a charge against
a party Of the commission Of a public oiTensc,
| and after its finding, he has legal guarantees
of Il fair and impartial trial; and, il he can
not obtain it in one, can get n change to an
| OtncT county. ANOl ~ III liz lhNCbtlSttlpH
| OF the case by IL grand jury. Finally, these
| provisions, in many instances entail upon
| counties enormous expenses, and that with
out any corresponding good attainable-frc
quently the reverse.
CRIMES y PuSIsWMESTs.
You should make the act Of breaking out
of any Jail, or the State Prison, or attempt
ing, or aiding so to do, a public ~offensc, ond
fix the penalties thereof, and when they shall
take effect. Also, pass an act in relation TO
| escapes and their punishment, especially
providing that when parties who escape from
any jail or the State Prison, are captured and
returned, they shall serve out at least the re-
maindcr OF their sentence. Illegal voting is
an otfense against the peace and dignity Of
the State, which should be severely punished.
The only law providing therefor is in the
seventeenth section Of the Registry Act, page
1856 of the laws OF lS6i-5. BY reference to
the title Of that Act, page, $50, Of same book,
and to the provisions Of section seventeen, Of
article four Of the Constitution, you will
readily see that there is danger OF this pro-
| vision, tchere Il is, being null and void. And
il does not cover all cases Of illegal voting.
| recommend, therefore, its embodiment, with
more full and stringent details, in " An Act
Concerning Crimes and Punishments," or
ono supplemental to the existing Act, on
these subjects.
EMPLOYEES OF THE SENATE y ASSEMBLY.
The number Of employees Of the Senate
and Assembly, as now fixed, is twcnty-cight
more than half the number OF Legislators.
Is not this h greater number than necessity
demands? call your attention to the pro-
| visions of section twenty-cight, Of article four
of the Constitution, OF this subject, and sug-
gcst that il any reduction can be made, in
number or in compensation, it should be dur
ing this session il not, the evil must exist
throughout another.
DErIBs OF STATE OFFICERS.
BY examination OF the statutes OF lS64-5,
YOU will see that the duties Of but few Of the
State officers have been defined by law, save
incidentally. This you should carefully do,
without delay, for the satisfaction and guild.
ancc of those officers, as well as to fulfill the
requirements Of the Constitution.
AGRICULTURAL AND MECHANICAL COLLEGE.
Under this head, l refer you to the accom-.
panying report Of the Superintendent of Pub
lie Instruction. hope the State will, at no
far distant period, be able to look with pride
upon this Institution, because Of the great
benefits It may confer.
EDUCATION.
For statistics and subjections upon this
subject, l refer you TO the very full report Of
our WORTHY superintendent VI L uUllC lnBtTuC-
ton, accompanying this message. l con-
graduate all, especially parents, that this
cause is receiving the attention and support
its great Importance demands, and is in 30
favorable condition. The uprising generation
must soon take our places in managing the
affairs of Church and State and | an re-
joiced to sec that the preparation Of the
young, for these great purposes, is so wisely
considered and promptly attended to may It
ever cantinue and increase, and our people
be thus blessed at home, and recommended
abroad. In n governmental sense, education
prepares alike to rule and to be ruled Alright.
PUBLIC INSTITUTIONS.
Section one, Of article thirteen, Of the Con-
stitution, requires the Legislature to provide
institutions for the benefit of the insane,
blind, deaf and dumb. No provisions for
these ~unfortunates have yet been made as
required by the fundamental law and though
| cannot recommend you to make any appro-
p~riution for the erection Of public buildings,
Of any kind, ut this time, yet l think you
should create q fund for the relief Of such in
sane persons as cannot dcfray the expenses
Of their own proper care, and place It at the
disposal Of some State officer, or officers, to
be drawn upon when necessarily demanded.
I respectfully call your attention to the six
teenth section Of an Act Of the Legislature OF