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κ1889 Statutes of Nevada, Page 133κ

 

RESOLUTIONS AND MEMORIALS.

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NUMBER 1

No. I.–Assembly Concurrent Resolution No. 7.

 

[Passed January 16, 1889.]

 

      Resolved by the Assembly, the Senate concurring, That the Governor of this State be requested to inform the Governor of California that the Legislature of Nevada has appointed a joint committee of eight members to visit the Legislature of California next Monday, January twenty-first, and confer with them as to the means necessary to secure the proper legislation for the protection of our mountain streams, and the advisability of moving the boundary line between the two States to the summit of the Sierra Nevada mountains.

 

 

 

 

Relative to appointment of Joint Committee.

 

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NUMBER 2

No. II.–Assembly Concurrent Resolution No. 9, relating to Indian claims.

 

[Passed January 16, 1889.]

 

      Whereas, The law-abiding citizens of the State of Nevada have, during many years, suffered great loss of property from the frequent and unprovoked depredations of Indians; and

      Whereas, The Congress of the United States has continually by law provided for the presentation of claims to the Federal authorities for such losses, and numerous claims of citizens of this State have been so presented in proper form and duly established; and

      Whereas, Appropriations have not been made to pay such claims, even when fully established and proved, and the same remain wholly unprovided for; therefore, be it

      Resolved by the Assembly, the Senate concurring, That the Senators from Nevada be instructed, and the Representatives requested to endeavor to secure the passage by Congress of such legislation as will insure the early and final settlement of all just claims for Indian depredations.

 

 

 

 

Relative to Indian claims

 


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κ1889 Statutes of Nevada, Page 134κ

NUMBER 3

 

 

 

 

Relative to the Scott Exclusion Act.

No. III.–Assembly Concurrent Resolution relative to the Scott Exclusion Act.

 

[Passed January 15, 1889.]

 

      Whereas, The Chinese being a detriment to the people of the Pacific Coast, and it being for the best interests of the people of this Coast that the provisions of the Scott Exclusion Act be strictly enforced; therefore, be it

      Resolved by the Assembly, the Senate concurring, That the people of the State of Nevada, through their representatives in the Legislature, express their hearty approval of the Scott Exclusion Act, and that our Senators and Representative be requested to use their utmost endeavors in their respective houses to maintain and carry out the provisions of said Exclusion Act.

 

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NUMBER 4

 

 

 

 

 

 

 

Relative to suits for taking firewood.

No. IV.–Concurrent Memorial and Resolutions of the Legislature of the State of Nevada relative to certain vexatious suits for taking firewood from certain lands in said State.

 

[Passed January 17, 1889.]

 

To the President and Congress of the United States:

      We, your memorialists, the Legislature of the State of Nevada, most respectfully represent that our State is now suffering great and perhaps irreparable injury from the prosecution in the United States Circuit Court for this district of a number of suits for alleged trespass in cutting timber from public lands situated therein, and with due and proper respect we take this method of appealing for relief in this behalf.

      For many years prior to eighteen hundred and seventy-eight our people had exercised and enjoyed the privilege of cutting and using the timber growing upon the mineral lands of this State for building, mining, agricultural and other domestic purposes. By the Act of Congress of June third, eighteen hundred and seventy-eight, this privilege was recognized and confirmed, subject to such rules as the Secretary of the Interior might prescribe for the protection of the timber and undergrowth. In establishing such rules the Secretary has prescribed, among other things, that the brush shall be piled, or otherwise disposed of, so as to prevent forest fires; that no trees shall be cut that are less than eight inches in diameter, and that no person shall cut such wood or timber for the purpose of selling it to others. In other words, that every man, no matter what business he is engaged in, must cut his own wood, either in person or by agent. It is respectfully submitted that these rules are utterly inapplicable to the anomalous conditions existing in Nevada.

 


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κ1889 Statutes of Nevada, Page 135 (NUMBER 4)κ

 

lous conditions existing in Nevada. The requirement that the brush shall be piled or disposed of, is not an especial subject of complaint, except that it is unnecessary. The wood growing in these mineral districts is very sparse; it causes but little brush, and such a thing as a forest fire we believe has seldom been known in Eastern Nevada. But the other rules mentioned are peculiarly objectionable. Except in the Sierra Nevada Mountains, on the western border of the State, we are almost destitute of what is commonly known as timber. Our wood, which is thus designated, consists mainly of a dwarfed and scrubby growth of cedar, nut-pine and mountain mahogany. Owing to the dryness of the climate and the paucity of the soil in the locations were this wood grows, it frequently takes an age for a tree to attain a diameter of eight inches, and much of it never reaches that size, hence a rule fixing such a minimum, in many cases amounts to an inhibition against the cutting of any wood at all, and in a large measure deprives our people of the benefit the statute was intended to confer. In this State timber of any kind is very scarce; it is inferior in size and quality, straggling in its growth, and is found only upon the mountain ranges in tracts widely separated from each other. Some idea of the insufficiency of our wood supply may be gathered from the fact that at Tuscarora, one of our most important mining towns, almost the only accessible fuel in sagebrush, so small that it is loaded and hauled the same as loose hay in the Eastern States, and thrown into the furnaces with pitchforks, and even such fuel as this is now being brought from a distance of over twenty miles. The rule requiring each person to cut his own wood himself, or by agent, has the effect of almost completely nullifying the statute. Mining is the chief industry of our State, the one upon which every other industry depends, and in the great majority of cases it is utterly impracticable for a miner to go into the mountains and cut his own wood or establish an agency for that purpose. The mining itself is a precarious business, requiring all of his energy, thought and capital. The wood grown in regions difficult of access, and it has generally to be transported great distances on the backs of mules. It is obvious, therefore, that it is a tedious and expensive process, and to carry on the business at all demands a considerable investment of capital in a mule train and packing apparatus. No miners or agriculturalists, save a wealthy one, could comply with these rules, and it would be highly inconvenient for even him to do so. We submit, therefore, that any wood cut and used for the above specified purposes in the State of Nevada, is used for domestic purposes in the State of Nevada, is used for domestic purposes within the meaning of the statute. That the decision of Secretary Teller, of date May twenty-fifth, one thousand, eight hundred and eighty-two, in the case of Frank P. Harden, enunciates the correct doctrine upon this point; that it is the only doctrine which can give our people the full benefit of the law, and that the later rule, and established by circular of May seventh, one thousand, eight hundred and eighty-six, from the Interior Department, should be modified accordingly.

Relative to suits for taking firewood.

 


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κ1889 Statutes of Nevada, Page 136 (NUMBER 4)κ

 

Relative to suits for taking firewood.

accordingly. But even this rule, unjust and oppressive as it seems to us, is not at present our only grievance. There are now pending in the Circuit Court of the United States, for the District of Nevada, no less than eleven suits for alleged trespass upon these timber lands situated in the counties of Eureka and White Pine. These suits involve different corporations and many individuals, and the amount sought to be recovered reaches the enormous aggregate of over ten millions of dollars. We are informed, and believe, that the amount claimed from the Richmond Minding Company, in the town of Eureka, for wood used in reducing ores, is greater than the net value of all the ore that has been extracted from its mines. The timber, for the cutting of which these actions have been brought, in our opinion, has been used exclusively by actual residents of this State and in strict accordance with both the letter and spirit of the Act of one thousand eight hundred and seventy-eight. None of it has been transported from the State, and none of it is fit for such transportation. It is not timber which can be profitably wrought into lumber, and its character may be inferred from the circumstances that, notwithstanding the great demand for lumber which has heretofore existed in the town of Eureka-the second in importance in the State-there has never been, since one thousand, eight hundred and seventy, a sawmill located within seventy-five miles of that place. The timber is absolutely without value, except as an aid to the development of the mineral resources of the districts in which it is found. We are not aware that any of this wood has been cut or removed, even in violation of the rules established by the Department of the Interior, nor is it so alleged in any of the complaints filed. It is a well-known fact that the land upon which it grows is mineral in character-clearly within the purview of the statute-and if it cannot be used under its provisions, it cannot be used at all, for there is no practical way by which it can be purchased or the title to the land acquired. The institution of these suits has had the effect of causing nearly every mine in the two counties named to suspend operations; business therein is paralyzed, and the people are menaced with absolute financial ruin. A continuation of the course foreshadowed by these prosecutions threatens the closing of every mine within the borders of our State, and the complete destruction of the commonwealth. We believe that these suits are purely vexatious in character; that they have been commenced upon the basis of a misapprehension, induced by misrepresentation; that the motive which underlies them is a desire to create fees for officials and attorneys. We believe this, because of the enormous amounts sued for, which are beyond all reason, being the market value of the wood instead of its stumpage value, which is all that it is worth to the Government. We believe it, because the same unjust and rigorous rate of valuation, has been established with regard to its redemption, the party from whom it was seized being compelled to give bond according to the full measure of the market value, in order to procure its release. As a result, the defendants dare not or cannot redeem; the wood remains in the hands of the officer who made the seizure, and the entire business of that community is prostrate.

 


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dare not or cannot redeem; the wood remains in the hands of the officer who made the seizure, and the entire business of that community is prostrate. Our belief that these suits are vexatious is strengthened by the fact that although the business of cutting and disposing of this wood has been carried on openly and notoriously for years, and the right to do so unquestioned, these actions are brought now for the first time, and at the particular season of the year when the wood is the most valuable, seeming to be designed for the express purpose of forcing the defendants into compromise and settlement; and, further, by the fact that so many suits were brought at one and the same time, instead of first establishing the right and settling the legal principle through the medium of a single suit; and, finally, by the still further fact that, according to our information and understanding, these actions are similar in character and involve the same principle as those under which large quantities of wood were seized by the United States authorities at Butte City, Montana, in the year one thousand eight hundred and seventy-eight, which action was strongly denounced at the time on the floor of the United States Senate, and led to the passage of the Act of one thousand eight hundred and seventy-eight, above referred to. If this wood has been unlawfully cut and removed, we believe that it has been innocently done, in the exercise of what was thought to be a well-established legal right; and as a minor, although still important consideration, we beg to suggest that the maintenance of these suits is a great hardship upon the defendants, they being compelled to entirely cease operations, abandon their business and travel nearly or quite five hundred miles to the place of trial.

      In view of the foregoing, we therefore most respectfully, but urgently, ask that all proceeding in these actions be suspended and held in abeyance until a full investigation of the facts may be had; and upon the completion of such investigation, if it be found that any of this wood has been cut in violation of prescribed rules, we ask that these rules may be so modified as to accord with the character of our so-called timber, and the particular conditions existing in Nevada. But if it impracticable to so modify such rules, we ask for some adequate measure of legislative relief at the hands in Congress.

      Resolved by the Assembly, the Senate concurring, That copies of the foregoing memorial and these resolutions be transmitted by the Governor of this State to the President of the United States, and to each of our Senators and to our Representative in Congress.

      Resolved, That we cordially indorse the action of our Senators and Representative in Congress in their efforts to procure for us relief from the vexatious suits complained of in the foregoing memorial.

Relative to suits for taking firewood.

 


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κ1889 Statutes of Nevada, Page 138κ

NUMBER 5

 

 

 

 

 

 

Relative to depositing sawdust in the Truckee River.

No. V.–Senate Joint Resolution referring the Legislature of the State of California to the matter of depositing sawdust in the Truckee river, by citizens and residents of the State of California.

 

[Passed January 10, 1889.]

 

      Whereas, The Truckee river has its source in Lake Tahoe and its outlet in Lake Pyramid, flowing a distance of nearly one hundred miles in the States of California and Nevada; and

      Whereas, The waters of said lakes and river are stocked with trout and food fishes; and

      Whereas, At certain seasons of the year the trout and food fishes are running up said river from its outlet to its source for the purpose of spawning; and

      Whereas, The presence of said sawdust in the waters of said river tends to destroy trout and food fish; and

      Whereas, The waters of said river have been for many years and now are made available by the citizens of this State for irrigating and domestic purposes through the medium of canals and irrigating ditches which convey the waters of said river to the adjacent lands whereby desert wastes have been and are being reclaimed, and whereby large and constantly increasing crops of cereals, grasses and vegetables have been and are now being cultivated; and

      Whereas, The prosperity, health and happiness of a proportion of the citizens of this State are dependent upon the continued purity and volume of the waters of said river; and

      Whereas, Certain corporations, firms and individuals, citizens and residents of the neighboring State of California, have been for years and now are engaged in lumbering, and milling lumber within the borders of said State, and on or contiguous to said river, and have been and now are accustomed to deposit in great quantities all waste and sawdust which are produced by said lumbering and milling operations into the waters of said river; and

      Whereas, Said waste and sawdust is carried by the waters of said river through its entire length, and through the ditches and canals used for irrigating purposes as aforesaid, upon the valuable farming and grazing lands of the people of this State, and spread over the surface thereof, thereby year by year making the same less valuable for agricultural purposes; and

      Whereas, Portions of the available agricultural lands of this State along the line of said river have already become valueless, and said river has been rendered almost valueless as a fish producing stream because of the premises aforesaid; and

      Whereas, The depositing of waste material and sawdust in the said Truckee river is and necessarily will continue to be an intolerable nuisance to the people of this State; therefore, be it

      Resolved by the Senate and Assembly of Nevada conjointly, That the honorable the Legislature of the State of California be,

 


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κ1889 Statutes of Nevada, Page 139 (NUMBER 5)κ

 

be, and it is hereby respectfully requested to consider the premises and to prevent, by appropriate enactment, the depositing of any waste materials or sawdust in the Truckee river by any person, firm or corporation engaged in lumbering or milling lumber within the borders of said State; and it is further

      Resolved, That a committee of three Senators and four Assemblymen be appointed by their respective houses to visit, without expense to the State, the Legislature of the State of California, now in session, and urge upon them the necessity of legislation upon the subject matter in the foregoing resolution.

 

 

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NUMBER 6

No. VI.–Joint and Concurrent Resolution No. 4, relating to boundary line between the States of California and Nevada.

 

[Passed January 14, 1889.]

 

      Whereas, The section of country between the boundary line of the State of California and Nevada and the summit of the Sierra Nevada mountains belongs to the State of Nevada, by nature; and

      Whereas, Consent might be given, if asked, by said State of California, through its Legislature now in session, to annex said section of county to the State of Nevada.

      Resolved, That a committee of three from the Senate and four from the Assembly be appointed to visit said California Legislature at an early day for the purpose aforesaid.

 

 

 

 

 

Relative to boundary line

 

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NUMBER 7

No. VII.–Joint Memorial and Resolution, relative to land approvals to the State of Nevada under the Act of Congress of date June 16, 1880.

 

[Passed February 5, 1889.]

 

      Whereas, The Congress of the United States did on the sixteenth day of June, eighteen hundred and eighty, donate to the State of Nevada two million acres of land in lieu of the sixteenth and thirty-sixth sections theretofore granted, authorizing the State to select these lands, subject to the provisions of the grant; and when selections were so made they would be approved and patented to the State; and

      Whereas, The State of Nevada passed laws concerning the sale of said lands, whereby no interest on the principal sum is due or demanded of the purchaser, until a contract is made and duly signed, and which cannot be so made and signed until six months after the said land has been approved and listed to the State, said interest when so paid going into the General School Fund; and

      Whereas, Of State selections made in the United States Land Offices at Carson City and Eureka, approved lists, five received and filed in the State Land Office in October, eighteen hundred and eighty-four, were the last received until eighteen hundred and eighty-seven.

 

 

 

 

 

Relative to land approvals.

 


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κ1889 Statutes of Nevada, Page 140 (NUMBER 7)κ

 

Relative to land approvals.

and eighty-four, were the last received until eighteen hundred and eighty-seven. In the last four years and three months there has been but one approval in each United States Land Districts (List No. 6) of date November ninth, eighteen hundred and eighty-seven, received by the State of Nevada from the General Land Office. That there are now about one million thirty-four thousand one hundred and eight acres of land selected by the State awaiting the approval of the officers of the Interior Department, that the neglect and disregard of the rights of the State has caused a loss to the School Fund of not less than one hundred thousand dollars;

      Whereas, A just regard for the rights of Nevada, and a proper administration of the Interior Department, might have saved nearly all of said loss, and greatly aided the public schools; therefore, be it

      Resolved by the Senate and Assembly, That His Excellency the Governor, be and hereby is respectfully requested to forward by mail a certified copy of the foregoing to each of our Senators and Representative in Congress at the earliest practicable dates; and that they use what means they see fit and proper to have said lands so selected approved and listed to the State at the earliest possible moment.

 

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NUMBER 8

 

 

 

 

 

Relative to home rule in Ireland.

No. VIII.–Assembly Joint and Concurrent Resolution relative to Home Rule in Ireland.

 

[Passed February 6, 1889.]

 

      Whereas, There is now going on in Great Britain a struggle for civil liberty and a home government for Ireland, which involves the happiness and prosperity of the people of that long-suffering country; and,

      Whereas, The leaders of this great movement are suffering malicious and almost unbearable persecutions from their opponents, both in the English Parliament and among the great newspapers of London; and,

      Whereas, The institutions and associations of this great Republic open the hearts of its citizens to the cry of distress and persecution everywhere; therefore, be it

      Resolved by the Assembly and Senate conjointly, That the people of the State of Nevada, through their Representatives in Legislature assembled, tender to the Irish people their sympathy in the efforts they are making for a free Ireland, and their hearty congratulations in that she has such champions in her van as the Right Hon. W. E. Gladstone and the Hon. Charles Stewart Parnell.

      Resolved, That we deprecate the malicious persecutions of these champions and their colleagues by those who should be their friends.

      Resolved, That the Governor be requested to forward copies of these resolutions, under the Seal of the State of Nevada, to the above-named persons.

 


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κ1889 Statutes of Nevada, Page 141κ

NUMBER 9

No. IX.–Senate Joint and Concurrent Resolution.

 

[Passed January 30, 1889.]

 

      Whereas, It is deemed necessary to revise our revenue laws; therefore, be it

      Resolved, That a joint committee to be composed of three members from the Senate of the State of Nevada, now in session, to be appointed by the President thereof, and three members of the Assembly, to be appointed by the Speaker thereof, to take into consideration such revision, and that such committee shall meet at any time and place appointed by the Chairman thereof, and that at such meetings all persons shall be invited to give their views in relation to such revision.

 

 

 

 

Relative to revision of revenue laws.

 

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NUMBER 10

No. X.–Assembly Joint Memorial and Resolution relative to encouraging the sinking of artesian wells, and the assistance, by other means of irrigation, for the arid lands situated within the State of Nevada.

 

[Passed February 6, 1889.]

 

To the Honorable the Senate and House of Representatives of the United States in Congress assembled:

      Your memorialists, the Legislature of the State of Nevada, respectfully represent, that

      Whereas, The said State of Nevada did, upon its admission to the Union, receive and acquire five hundred thousand (500,000) acres of land for purposes of internal improvements under the Act of Congress, approved September fourth, one thousand eight hundred and forty-one; and,

      Whereas, The said State of Nevada did, upon the adoption of its Constitution, pledge and dedicate and transfer the land covered by said grant, and all proceeds therefrom, to the School Fund of said State, and for school purposes inviolably and forever; and,

      Whereas, By Act of Congress, approved July fourth, one thousand eight hundred and sixty-six, the said appropriation, by the Constitution of the State of Nevada, to educational purposes of the said lands so granted for internal improvements was approved and confirmed; and,

      Whereas, At the time and said transfer, appropriation and dedication, as aforesaid, the agricultural interests of the State of Nevada, together with the possibilities of production of its soil were entirely misunderstood, or not understood at all, owing to the prominence then claimed for and given to its great mining industry; and,

 

 

 

 

 

 

 

 

Relative to artesian wells

 


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κ1889 Statutes of Nevada, Page 142 (NUMBER 10)κ

 

Relative to artesian wells

      Whereas, The events of later years have conclusively shown that a large percentage of the neglected public lands within the said State are susceptible of a high state of cultivation where irrigation can be had, and will return large and profitable crops of great of variety; and,

      Whereas, There now remains of the public lands within said State, including those heretofore granted and pledged for educational purposes, about five hundred thousand acres, which are partially unsalable from the fact that the labor and expense necessary to join water with said land is above and beyond individual effort; and,

      Whereas, The said State of Nevada has now, by existing law, done its utmost to encourage and further the good purposes of this memorial and resolution; and,

      Whereas, Such aid as your memorialists pray for will add largely to the income of said School Fund of said State, to the proceeds derived by the National Government from sale of lands within its borders, and will add taxable property for all purposes, as well as materially increase the population of said State; and,

      Whereas, By recent enactment and appropriation for hydrographic surveys the Congress of the United States has recognized the necessity of reclaiming lands of the character described within the arid regions, of which this State forms a part, and the fact being that any expenditure within this State for internal improvements could only be made profitable for the purposes herein written; and,

      Whereas, In so far as it may be proper for us so to do, we pledge the State of Nevada to aid and encourage the reclamation or sale of said lands to the limits of its capacity; therefore,

      Resolved by the Assembly, the Senate concurring, That we earnestly petition the Congress of the United States to make such appropriations as it may deem proper to the State of Nevada, and to all other States and Territories where the conditions of soil, climate and rainfall are similar to those found within said State; or that the Congress of the United States do make to this State, as well as to other States and Territories in like condition and situation, a grant of sufficient portion of the public lands as yet unappropriated and within said State or Territory, which said grant and land, and all proceeds therefrom, shall be by said State or Territory held and used solely and entirely for the uses and purpose hereinabove written, viz: To encourage the sinking of artesian wells upon public lands, in assisting settlers in good faith to conduct waters now running to waste to and upon portions of said land;

      Resolved, That we earnestly urge upon Congress immediate consideration of this memorial;

      Resolved, That the Governor be requested to forward a certified copy hereof to our Representative in Congress and each United States Senator from the State of Nevada, with the request that they use all honorable means to secure an early favorable consideration therefor.

 


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κ1889 Statutes of Nevada, Page 143κ

NUMBER 11

No. XI.–Assembly Memorial and Joint Resolutions No. 18, relative to an additional appropriation by Congress in further aid of hydrographic and topographic surveys of the State of Nevada.

 

[Passed February 7, 1889.]

 

      Whereas, The Legislature of Nevada, at its Thirteenth Session (February, 1887), memorialized Congress upon the subject of procuring a hydrographic and topographic survey to be made of the State of Nevada; and

      Whereas, In said memorial the reasons why our State solicited aid from the General Government were fully and ably set out in its preamble (and are herein respectfully referred to); and

      Whereas, Our ever-generous Congress was quick to perceive the great significance and vast importance to our State of such a measure, and the material aid it would give us in developing the now latent agricultural and other interests of our infant State; and

      Whereas, Congress quickly and readily responded to our appeal by voting an appropriation of one hundred thousand dollars, for which the people of Nevada feel truly grateful, but they are nevertheless satisfied and fully aware that the amount so granted will only suffice to make a fair beginning of this, to us, great and important undertaking; and

      Whereas, We are well satisfied that when our Congress took hold of this matter it did so in good earnest and with a full determination to render us such aid as would bring into usefulness the thousands and thousands of acres of valuable, but now unavailable lands which are scattered throughout the length and breadth of our so-called Silver State, and which, with the aid of a little water for irrigating, can be made as productive as the average lands of the temperate zone;

      Wherefore, your memorialists, the Legislature of the State of Nevada, most respectfully represent that in order to have the appropriation already made serve any useful purpose in the direction intended it will have to be supplemented by another appropriation at least two or three times as great, and this we firmly believe our Congress will unhesitatingly vote us; therefore, be it

      Resolved, That our Senators and Representative in Congress are hereby requested to procure, if possible, such additional appropriation by Congress as will enable the full and effectual carrying out and completion of the topographical and hydrographical surveys of our State.

      Resolved, That His Excellency the Governor be requested to transmit a copy of this memorial to each of our Senators and our Representative in Congress.

 

 

 

 

 

 

Relative to hydrographic and topographic surveys.

 


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κ1889 Statutes of Nevada, Page 144κ

NUMBER 12

 

 

 

 

 

Relative to survey of public lands.

No. XII.–Joint Memorial and Resolution relative to the further survey of the public lands of the Government of the United States in the State of Nevada.

 

[Passed February 13, 1889.]

 

      Whereas, The State of Nevada has been deprived of the full benefit of the grants of lands made to it by the Government of the United States by reason of the non-survey of a large portion of the public lands in said State which are subject to such grants; and

      Whereas, A large portion of the desert and grazing land in said State, could, immediately upon its survey, be selected and sold by said State; and

      Whereas, Said State of Nevada is greatly in need of the proceeds of sales of such lands for the support of its schools, and the neglect and refusal upon the part of the Government of the United States is a great injustice to the State of Nevada; now, therefore, be it

      Resolved, by the Senate and Assembly jointly, That each of our Senators and our Representative in Congress be, and they hereby are, most earnestly requested to use all means in their power to induce the Government of the United States to have all of the agricultural land in said State, including the desert and grazing land, immediately, or as soon as possible, completely surveyed; and be it further

      Resolved as aforesaid, That His Excellency the Governor of said State be requested to forward by mail a certified copy of this Joint Memorial and Resolution to each of our Senators and to our Representative in Congress.

 

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NUMBER 13

 

 

 

 

 

Relative to war claims.

No. XIII.–Joint Memorial and Resolution, relative to war claims of the State of Nevada against the United States.

 

[Passed February 18, 1889.]

 

      Whereas, Senate Bill No. 3420, authorizing the Secretary of War to examine and report to Congress all matters relative to the rebellion war claims of the State of Nevada, has passed the Senate and been favorably reported to the Committee on War Claims in the House of Representatives; and

      Whereas, The matters provided for in said bill are of great importance to the people of this State; therefore, be it

      Resolved by the Assembly and Senate jointly, That our Senators and Representative in Congress be and they are hereby requested to urge upon the House of Representatives the passage of said bill prior to the adjournment of the Fiftieth Congress.

      Resolved, That a copy of this resolution be immediately telegraphed by the Governor to the Senators and Representative in Congress from this State.

 


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κ1889 Statutes of Nevada, Page 145κ

NUMBER 14

No. XIV.–Assembly Memorial and Joint Resolution relative to the Pyramid Lake Reservation.

 

[Passed February 18, 1889.]

 

      Whereas, The Government of the United States has heretofore issued to its citizens, by letters patent, title to many hundred acres of the public domain situated within townships Nos. twenty and twenty-one north, range twenty-four east, Mount Diablo base and meridian; and

      Whereas, Said lands lie within the Pyramid Lake Reservation lines; and

      Whereas, The “Monroe Survey,” under which said Pyramid Lake Reservation is held, was made in one thousand eight hundred and sixty-five and sent to the department at Washington, but was not acted upon until one thousand eight hundred and seventy-four, having no legal existence or withdrawal of lands until the date last mentioned, but in the meantime many locations were made within said limits, including the town of Wadsworth, on the Central Pacific Railroad, and the knowledge of the Reservation boundaries was so limited that the Government disposed of a portion of said lands; and

      Whereas, Said Pyramid Lake Reservation now includes the entire Pyramid Lake and large tracts of land comprising a total of three hundred and twenty-two thousand acres, or an area of more than five hundred square miles, a very small portion of which is occupied or used by the Indians, lying at the southern portion of said lake and near the mouth of the Truckee river; and

      Whereas, Government Agent Bateman, in his report to the Indian Department in one thousand eight hundred and seventy-four, and Government Agent Barnes in his report in one thousand eight hundred and seventy-six, also recommended that said Reservation be reduced in extent, as it was of much larger proportions than was requisite for Reservation purposes; and

      Whereas, No cultivation or substantial improvement has ever been made by the United States Government upon land within the townships above mentioned, nor use made of the same by the said Indians; therefore, be it

      Resolved by the Assembly, the Senate concurring, That our Senators and Representative in Congress be requested to use all reasonable means to abolish the limits of said Pyramid Lake Reservation in the townships above mentioned, thereby establishing the south boundary of said Reservation at the south line of township number twenty-two north, range twenty-four east, Mount Diablo base and meridian, thereby removing the cloud upon titles granted by the Government, but injuriously affected by useless Reservation lines, at the earliest day practicable.

      Resolved, further, That the Governor be, and is hereby, requested to forward copies of this Memorial and Resolution to each of our Senators and to our Representative in Congress.

 

 

 

 

 

Relative to Pyramid Reservation.

 


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κ1889 Statutes of Nevada, Page 146κ

NUMBER 15

 

 

 

 

 

 

 

Relative to storage of water.

No. XV.–Memorial to Congress in relation to topographical and hydrographical surveys and storage of water for irrigation.

 

[Passed February 20, 1889.]

 

The People of the State of Nevada, represented in Senate and Assembly, do memorialize the Congress of the United States as follows:

      Your memorialists most respectfully present and show unto your honorable body:

      That agriculture cannot be profitably pursued in this State without artificial irrigation; that when water for such irrigation can be had in sufficient quantity, the soil being naturally rich and enduring, is exceedingly productive, yielding abundant and sure crops of vegetables, cereals and nutritious grasses; that the State, topographically, is a succession in the main of mountain ranges and intervening valleys; that on these valleys rains descend only during the latter part of Autumn, during the Winter and early part of the Spring, and snows fall on the mountain ranges during the Winters only; that without means of impounding and holding until needed, the waters, particularly those arising from snows, at least ninety per cent. thereof, runs to waste into the lakes and sinks of the rivers, and is of no avail for purposes of irrigation; that the total acreage of the State is seventy-one million seven hundred and thirty-seven thousand six hundred, of which about twenty-three million nine hundred and twelve thousand five hundred and thirty-three acres, or one-third, is susceptible of profitable cultivation, if properly irrigated, and much of the remainder can be made valuable stock and grazing lands; that in view of the beneficial storage of water within and of that which runs from adjacent mountains into this State, topographical surveys, and the location and retirement from sale of sites for dams and reservoirs is indispensable, and should be provided for without unnecessary delay; that your memorialists believe that Congress should make all necessary appropriation for building reservoirs to keep in reserve the water arising from different sources until the needed during the irrigating seasons; and your memorialists further believe that such expenditure of money by the General Government would, practically speaking, be placing the same out at an exceedingly remunerative rate of interest. Your memorialists, therefore, most respectfully and urgently pray that you make such appropriations and adopt such other means as will cause the above measures to be carried into speedy effect.

      Resolved, That our Senators and Representative in Congress are hereby requested to procure, if possible, such additional appropriation by Congress as will enable the full and effectual carrying out and completion of the topographical and hydrographical surveys of our State, looking to the construction of reservoirs and storage of water.

      Resolved, That His Excellency the Governor be requested to transmit a copy of this memorial to each of our Senators and our Representative in Congress.

 


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κ1889 Statutes of Nevada, Page 147κ

NUMBER 16

No. XVI.–Joint Memorial and Resolution, relative to naturalization laws.

 

[Passed February 27, 1889.]

 

To the Congress of the United States:

 

      Your memorialists, the Legislature of the State of Nevada, believe that the time has arrived when it is necessary for the protection of our national honor and institutions to place additional safeguards about the right of suffrage, most respectfully urge the passage of such laws as will tend to exclude from citizenship the vicious, the unproductive, and the grossly ignorant portions of the millions of immigrants who yearly seek our shores. To this end we suggest:

      First-That the time now required to intervene between the declaration of intention to become a citizen and the issuance of naturalization papers be extended.

      Second-That no naturalization papers be issued during the four months preceding the day of any general election.

      Third-That no person be admitted to citizenship who cannot read and speak the English language, or who is not possessed of ordinary intelligence.

      Fourth-That no person shall be admitted to citizenship who shall, during the period of probation, be convicted of crime or misdemeanor. We further uge the strict enforcement of the laws excluding criminals and paupers from landing on our shores.

      Resolved by the Senate, the Assembly concurring, That we urge upon our representatives in Congress to aid in carrying out the reform herein stated by every means in their power and at as early a date as is possible; and, be it further

      Resolved, That the Governor be requested to send copies of this memorial and these resolutions to each of our Senators and to our Representative in Congress.

 

 

 

 

 

 

Relative to naturalization laws.

 

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NUMBER 17

No. XVII.–Assembly Concurrent Resolution, relative to the free and unlimited coinage of silver.

 

[Passed February 28, 1889.]

 

      Whereas, The paramount interest of the State of Nevada is the mining and milling of the precious metals, the capital invested in this industry amounting to many millions of dollars; and

      Whereas, Through the hostility of the present Administration to silver as a circulating medium the vast mining enterprises have been and are suffering to such an extent as to threaten every industry, trade and branch of business in this State, therefore, the Legislature of the State of Nevada respectfully set forth:

 

 

 

 

 

Relative to coinage of silver.

 


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κ1889 Statutes of Nevada, Page 148 (NUMBER 17)κ

 

Relative to coinage of silver.

      That Nevada’s production of gold and silver during the memorable years of the Nation’s struggle greatly aided the redemption of the currency enforced on the people through the necessities of that gigantic rebellion.

      That no particular fostering care by the General Government has in any way relieved this industry which is fraught with so many uncertainties, frequently resulting in the absolute and total loss of thousands of dollars carefully expended in efforts to increase the Nation’s wealth.

      That in nearly every State in the Union the various industries carried on therein have thrown around them the protecting mantle of special congressional enactments, tariffs and regulations to shield them from antagonism at home and from being destroyed by the machinations of our enemies from abroad, save and except silver, our product, the value and employment of which, and to our shame, is regulated and decreed by foreign powers wearing crowns.

      That we can almost say that the United States Mint at Carson City is situated at the mouth of the tunnel that produces the bullion of the world; and do say that the United States Mint at New Orleans is so notoriously remote from bullion-producing localities that its coining operation, while those of the Carson Mint are closed, shows such partisan geographical preferences by this Administration that we can only hope for relief through the party soon to have the management of the Government.

      That the Republican party in 1888, in convention assembled, pronounced in favor of silver as a circulating medium with gold, and that President-elect Harrison, in his letter of acceptance, accepted this broad stand taken by the party of progress and right.

      That we have demanded of the new Administration the carrying out of these pledges, and, to that end, steps for the free and unlimited coinage of silver should immediately be taken.

      That during the years the coining of gold and silver was carried on at the Carson Mint this State, with all her various interests, was prosperous, the prospecting and mining for our hidden wealth was stimulated, capital sought investment in our mines and lands, railroads were being constructed, systems for public improvements were inaugurated, hope cast her cheering rays to our people, and in the future could be seen populous towns and cities, while wealth, happiness and contentment were within our grasp.

      That we request our Senators and Representative in Congress to use all honorable means to secure the legislation referred to in this resolution.

      And further, that his Excellency the Governor forward to President-elect Harrison and to each of our representatives in Congress an engrossed copy of this resolution.

 


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κ1889 Statutes of Nevada, Page 149κ

NUMBER 18

No. XVIII.–Assembly Concurrent Resolution and Memorial to Congress, relative to the continuance and permanent establishment of the military post at Fort McDermitt, in the State of Nevada, and the stationing of cavalry at said post.

 

[Passed March 4, 1889.]

 

      Whereas, At the time of the military order of the War Department establishing the post at Fort McDermitt, the threatening attitude of the Indian tribes in Northern Nevada, Oregon and Idaho made this post a most advantageous one to protect the settlers from the surrounding tribes, maintaining their tribal relations, as no reservations of annuities had been provided for them; and

      Whereas, Through the inaction of the General Government no measures have been inaugurated or adopted to change the condition of the savage tribes; and

      Whereas, The exposed position of this sparsely settled region requires some safeguard to protect life and property, and that only the stationing of cavalry at said post would afford the security and protection so much required; therefore, be it

      Resolved by the Assembly, the Senate concurring, That our Senators and Representative in Congress be requested to use all honorable means to secure the continuance and permanent establishment of the military post at Fort McDermitt, and the stationing of cavalry at said post.

      Resolved further, That his Excellency the Governor forward an engrossed copy of this memorial and resolutions to the Secretary of War, and to each of our Senators and Representative in Congress.

 

 

 

 

 

 

Relative to military post at Fort McDermitt.

 

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NUMBER 19

No. XIX.–Assembly Concurrent Resolution relative to submitting to the people of the State the question of calling a Constitutional Convention.

 

[Passed March 5, 1889.]

 

      Whereas, By the second section of Article XVI. of the Constitution of the State of Nevada it is provided that a revision of the entire Constitution may be made; and

      Whereas, It is absolutely necessary that such revision should be made; therefore, be it

      Resolved by the Assembly, the Senate concurring, That we recommend to the electors at the next election for members of the Legislature to vote for or against a convention for the purpose of revising the Constitution of the State of Nevada, and it shall be the duty of the Governor, by his proclamation, and the several Boards of County Commissioners of the several counties of this State to submit the question of calling a Constitutional Convention to a vote of the people at the next general election.

 

 

 

 

 

Relative to Constitutional Convention.

 


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κ1889 Statutes of Nevada, Page 150κ

NUMBER 20

 

 

 

 

 

 

 

Relative to election of U. S. Senators

No. XX.–Assembly Joint Resolution No. 29, relating to the election of United States Senators.

 

[Passed March 5, 1889.]

 

To the Congress of the United States:

 

      Your memorialists, the Legislature of the State of Nevada, ask that you take immediate steps towards so amending the Constitution, that the election of United States Senators shall be directly by the people of the several States.

      Resolved by the Assembly, the Senate concurring, That the Governor be requested to forward engrossed copies of this Memorial to our Senators and Representative at Washington, asking that it be read before both Houses of Congress.

 

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NUMBER 21

 

 

 

 

Relative to pay for engrossment.

No. XXI.–Senate Concurrent Resolution No. 17.

 

[Passed March 7, 1889.]

 

      Resolved by the Senate, the Assembly concurring, That the State Controller is hereby authorized and desired to draw his warrant on the Legislative Fund in favor of A. C. Pratt for the sum of forty-six dollars and sixty cents, for engrossing Senate bill number eighty-nine (containing two hundred and thirty-three folios, at twenty cents per folio), by order of the Senate Committee on Engrossment, and the State Treasurer is hereby directed to pay the same.

 

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