[Rev. 8/25/2020 1:16:04 PM]

…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 337κ

 

RESOLUTIONS AND MEMORIALS.

 

________

 

NUMBER 1

No. I.–Assembly Joint and Concurrent Resolution No. 9, relative to a proposed Act of Congress affording relief to settlers upon arid lands.

 

[Approved February 26, 1909.]

 

      Whereas, The reclamation of the arid regions of the West by the Federal Government is bringing to the attention of the people of the United States the possibility of agricultural development under the irrigation system; and

      Whereas, Conditions of which the settler upon these lands has had no previous experience are constantly arising; and

      Whereas, Many of these settlers are persons of limited means and in many instances all their available resources have been expended in the erection of suitable buildings and in the purchase of teams, farming implements and supplies; and

      Whereas, It is a well-known fact that more time, expense, and attention is required in the fitting of land for crops under a system of irrigation than under the natural conditions of rainfall; and

      Whereas, The Honorable George S. Nixon has introduced in the Senate of the United States a bill authorizing the Secretary of the Interior to grant extensions of time for payments of the annual installments to any person who has made application for water rights under the provisions of the Reclamation Act of June 17, 1902, and to provide for graduated payments for such annual installments; therefore be it

      Resolved by the Assembly, the Senate concurring, That we urge upon our representatives in Congress the importance and necessity of using all honorable means to secure the passage of this Act; and be it further

      Resolved, That copies of this resolution be wired by the Secretary of State to Senators Newlands and Nixon and Representative Bartlett.

 

 

 

 

 

Arid lands of the West.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Congress asked to cooperate.

 

________

 

NUMBER 2

No. II.–Senate Joint and Concurrent Resolution No. 4, requesting the Congress of the United States to provide for building practical fishways in all dams connected with the work of reclaiming arid lands, and to provide for the installation of some effective device at the intake of all canals and ditches connected with said work to prevent fish from entering the same.

 

[Approved February 26, 1909.]

 

      Whereas, In the irrigating canals already contructed by the United States Government, in this State, there is not sufficient provision made for the preservation and protection of the fish of our waters, either by the screening of the canals and ditches, or by the erection of efficient fishways in dams connected therewith; and

 

 


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 338 (NUMBER 2)κ

 

Fish not protected in Government canals.

 

 

 

 

 

 

 

Fishways, etc., asked for.

the United States Government, in this State, there is not sufficient provision made for the preservation and protection of the fish of our waters, either by the screening of the canals and ditches, or by the erection of efficient fishways in dams connected therewith; and

      Whereas, The Government contemplates a still more extensive system of reclamation of the arid lands, by the building of storage reservoirs, and by the construction of irrigating canals of great length and capacity, that are to be supplied with water from flowing streams; therefore be it

      Resolved, That a copy of this resolution be presented to Congress, requesting such legislation as will provide for building practical fishways in all dams connected with the work of reclamation of arid lands; and also to provide for the installation of some effective device at the intake of all canals and ditches connected with said work, in order to prevent fish from entering them.

      Resolved, That a copy of this resolution be forwarded to each of our Senators and our Representative in Congress.

 

________

 

NUMBER 3

 

 

 

 

 

Alien cattle and sheep on ranges.

 

 

 

 

 

Congress asked to exclude foreign live stock.

No. III.–Assembly Joint and Concurrent Resolution No. 4

 

[Approved February 27, 1909.]

 

      Whereas, The great Government reserves and public lands of the State of Nevada are becoming valuable as range for cattle and sheep; and

      Whereas, A large portion of the range in the State of Nevada is now used as grazing land for sheep by aliens and foreigners, to the great detriment and loss of the American citizens of this State; and

      Whereas, The large flocks of these aliens are gradually crowding off the small stock and sheep raisers of the State; therefore be it

      Resolved by the Assembly and Senate jointly, That our Senators and Representative in Congress be urged and requested to do all in their power to secure action by the Federal Government looking to the exclusion from the public domain and Government reserves of all sheep and cattle not owned by citizens of the United States.

 

________

 

NUMBER 4

 

No. IV.–Assembly Joint and Concurrent Resolution No. 6, memorializing Secretary of the Interior Department and Senators Francis G. Newlands and George S. Nixon, and Congressman George Bartlett.

 

[Approved March 3, 1909.]

 

      Whereas, The Government of the United States in installing the irrigation project, known as the Truckee-Carson Project, caused to be installed and built in the Truckee River at a point near Derby, in Washoe County, State of Nevada, what is known as Derby Dam; and

 


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 339 (NUMBER 4)κ

 

Project, caused to be installed and built in the Truckee River at a point near Derby, in Washoe County, State of Nevada, what is known as Derby Dam; and

      Whereas, In the erection of said dam no fish ladders or fish ways were installed for the passage of fish from points below to points above said dam; and

      Whereas, Said obstruction in the river prevents the passage of fish from Pyramid Lake and all points below said dam of said river from passing to the upper waters of the said stream; and

      Whereas, Said obstruction tends to deprive all the inhabitants of said county above said dam on said river, and inhabitants of the State of California of residence above said dam, from the profits of fishing and having for food the fish of said stream, or any portion thereof; and

      Whereas, By reason of said dam said fish are prevented from reaching at all the spawning beds located above said dam in said river, thereby greatly depleting the increase or perpetuation of fish in said stream, thereby greatly depleting the supply; and

      Whereas, If the conditions are not changed shortly, within a very few years, Pyramid Lake fish will be nearly, if not quite, extinct; now, therefore,

      Be It Resolved, That the people of the State of Nevada, represented in Senate and Assembly, do most earnestly petition the immediate attention of said Department of the Interior and our Senators and Representative in Congress, to give this their most earnest efforts, with a view to the correction of this condition of affairs, and the Secretary of State is hereby directed to mail a copy of this resolution upon its passage to each of the above-named parties.

Derby Dam obstruction to fish.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Government asked to correct evil.

 

________

 

NUMBER 5

No. V.–Senate Joint and Concurrent Resolution No. 2, approving the receipt by the University of Nevada of the benefits of the retiring allowances of the Carnegie Foundation for the Advancement of Teaching.

 

[Approved March 3, 1909.]

 

      Whereas, The Board of Regents of the University of Nevada did at a meeting of said Board held on December 4, 1908, unanimously adopt the following resolution:

      Resolved, That the Board of Regents of the University of Nevada appreciate the high purpose of Mr. Andrew Carnegie in establishing the Carnegie Foundation for the Advancement of Teaching. They see clearly its far-reaching and beneficent results in advancing the dignity of the teacher’s office, in protecting the old age of unselfish public servants, and in increasing the efficiency and promoting the standards in American colleges and universities. They therefore desire that the University of Nevada shall participate in the benefits of the Foundation, and hereby make application for the admission of the University of Nevada into all the rights and privileges of the Carnegie Foundation for the Advancement of Teaching.

 

 

 

 

 

 

Application by University Regents for benefits of Carnegie Foundation for the Advancement of Teaching.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 340 (NUMBER 5)κ

 

 

 

 

 

Action of Regents approved.

that the University of Nevada shall participate in the benefits of the Foundation, and hereby make application for the admission of the University of Nevada into all the rights and privileges of the Carnegie Foundation for the Advancement of Teaching.

      Resolved by the Senate and Assembly, That the Legislature of the State of Nevada approves the resolution of the Board of Regents and desires that the University of Nevada shall participate in all the rights and privileges of the Carnegie Foundation for the Advancement of Teaching.

 

________

 

NUMBER 6

 

 

 

 

 

 

 

 

To amend Sec. 3, Art. XI, of the Constitution.

 

 

 

 

 

 

 

 

 

 

Revenue for educational purposes.

No. VI.–Senate Joint and Concurrent Resolution No. 1, relative to amending Section 3 of Article XI of the Constitution of the State of Nevada.

 

[Approved March 3, 1909.]

 

      Resolved by the Senate, the Assembly concurring, That Section 3 of Article XI of the Constitution of the State of Nevada be amended to read as follows:

      Section 3.  All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the Act of the Thirty-eighth Congress, to enable the people of Nevada Territory to form a State Government, the thirty thousand acres of public lands granted by an Act of Congress, approved July 2, A. D. 1862, for each Senator and Representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this State, and also the five hundred thousand acres of land granted to the new States under the Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841, provided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the State; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the State; all property given or bequeathed to the State for educational purposes, and all proceeds derived from any or all of said sources, shall be and the same hereby are solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the Legislature may provide by law; and the Legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from the above-mentioned sources in United States bonds or the bonds of this State, or the bonds of other States of the Union, or the bonds of any county in the State of Nevada; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the State University.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 341 (NUMBER 6)κ

 

educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the State University.

 

 

________

 

NUMBER 7

No. VII.–Senate Joint and Concurrent Resolution No. 5, extending thanks of the people of the State of Nevada to the Department of the Interior and Department of Justice for efforts to conserve the mineral resources of the State of Nevada.

 

[Approved March 8, 1909.]

 

      Whereas, The Department of the Interior and the Department of Justice of the United States are now striving to save to the people of the State of Nevada, from the unjust possession of predatory corporations, a mineral domain, the present value of which is estimated at more than forty-six millions of dollars, and the future worth of which is beyond calculation; and

      Whereas, Extraordinary diligence, effort and earnestness are being displayed by the Department of the Interior and by the Department of Justice in this great cause; therefore be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the heartfelt thanks of the people of the State of Nevada, through their representatives in Senate and Assembly, be extended to the Department of the Interior and to the Department of Justice for their vigorous efforts to conserve to the people of the State of Nevada the mineral lands of the State; and be it further

      Resolved, That a copy of these resolutions be spread upon the Journal of the Senate and of the Assembly, and that copies be sent to the Senate and House of Representatives of the United States, to the Secretary of the Interior, the Attorney-General of the United States, the Commissioner of the United States General Land Office, and to our Senators and Representative in Congress.

 

 

 

 

 

 

 

Thanks to Government Departments.

 

 

 

 

 

 

 

 

 

 

 

Conservation of mineral lands for the people.

 

________

 

NUMBER 8

No. VIII.–Senate Concurrent Resolution No. 3, relative to the adoption by Congress of the Griggs amendment to the Agricultural Bill increasing appropriation for investigation of soils.

 

[Approved March 11, 1909.]

 

      Whereas, The permanent development of any State depends upon agriculture; and

      Whereas, The agricultural development of Nevada and all other States should be encouraged to the highest possible degree by both the Federal and the State Governments; and

      Whereas, The State of Nevada is spending large sums of money for the adjudication and development of its water resources, thereby making possible the reclamation of large areas of land and the investigation of soil conditions; be it

 

 

 

 

 

 

 

 

 

Urging adoption of Griggs amendment to National Agricultural Bill.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 342 (NUMBER 8)κ

 

 

 

 

Representatives urged to support.

resources, thereby making possible the reclamation of large areas of land and the investigation of soil conditions; be it

      Resolved by the Senate, the Assembly concurring, That we urge our Senators and Representative in Congress that they heartily support, and use all honorable means to secure the adoption of the Griggs amendment to the agricultural bill appropriating money for the investigation of soil; and be it further

      Resolved, That copies of this resolution be wired by the Secretary of State to Senators Newlands and Nixon and Representative Bartlett.

 

________

 

NUMBER 9

 

 

 

 

 

 

 

 

Joint Committee for investigation of Bank Commission and State Bank and Trust Company.

No. IX.–Substitute for Assembly Joint and Concurrent Resolution No. 14, providing for the appointment of a Joint Committee from the Senate and Assembly to inquire into and report upon the compliance of the State Board of Bank Commissioners with the duties of said Board.

 

[Approved March 11, 1909.]

 

      Resolved, That a committee of five, composed of three members of the Assembly and two members of the Senate, to be forthwith appointed respectively by the Speaker of the Assembly and the President pro tem. of the Senate, is hereby authorized and directed to investigate and report to the Legislature within seven days from the date of their appointment, the action of the State Bank Commission in connection with the closing of the State Bank and Trust Company, and ascertain whether or not said commission obeyed the law with regard to securing the appointment of a receiver for said bank, and whether or not said commission permitted the officers of said bank to trade accounts, and if so whether or not said trading reduced the assets of said bank. Said Joint Committee is authorized to investigate and report upon any other matter or thing in connection with the closing of the State Bank and Trust Company, and for the purpose of carrying out the provisions of this resolution, the said committee is hereby authorized to subpena any persons and to send for any papers and records, and to administer oaths. Said committee is also authorized to employ a stenographer to report the testimony given at its hearing and such other work as it may require; also, to ascertain whether or not any funds belonging to the State of Nevada were on deposit in said banks.

 

________

 

NUMBER 10

 

No. X.–Assembly Joint and Concurrent Resolution No. 12, relative to mineral lands within the Central Pacific Railway grant.

 

[Approved March 13, 1909.]

 

      Whereas, The Central Pacific Company is the owner, under grant from the United States, of every odd section of land within a strip twenty miles wide on each side of the Central Pacific Railway across the State of Nevada-an area of land in excess of eight thousand square miles; and

 


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 343 (NUMBER 10)κ

 

grant from the United States, of every odd section of land within a strip twenty miles wide on each side of the Central Pacific Railway across the State of Nevada-an area of land in excess of eight thousand square miles; and

      Whereas, The grant of this said vast tract of land expressly reserved all minerals therein excepting coal and iron, thus evidencing the fact that it was never the intention of the United States to convey to the said railway company any mineral lands, excepting lands containing coal and iron; and

      Whereas, Regardless of the fact that mineral lands were never granted by the United States to the said railway company, lands of great mineral value, and of little or no other value, have been patented to said railway company, by virtue of said grant; and

      Whereas, It is almost impossible to determine whether a section or region of land is, or is not, mineral until it has been thoroughly prospected and explored; and

      Whereas, Such prospecting and exploration has never been attempted by the said railway company before securing patent; and

      Whereas, It is well known that instances have occurred where land was patented to said railway company which was previously known to be mineral or thereafter discovered to be such; and

      Whereas, It would be of great benefit to the State of Nevada if all the said lands belonging to the Central Pacific Railway Company were open to prospecting and development for mining purposes, with privilege to the discoverer of valuable minerals to obtain title to the lands embracing the same, upon the same liberal terms granted by the United States; and

      Whereas, The State of Nevada, for the purpose of promoting the general welfare of the State, has, by legislative enactment, relinquished its claim to all minerals to be found in lands granted by the United States to the State of Nevada; and

      Whereas, It is the belief of the people of the State of Nevada, voiced through their representatives in Senate and Assembly, that the opening of such lands to the prospector and miner would be of no disadvantage whatever to the said railway company, but, upon the contrary, would be of vast benefit, for it would not only afford opportunities for the sale of land that would otherwise be practically valueless, but it would be the means of opening up new mines and mining camps and thus increasing immensely the traffic of railway lines; therefore be it

      Resolved by the Assembly, the Senate concurring, That a request be, and the same hereby is, made to the Central Pacific Railway Company, and all other persons and corporations, if any, interested in the lands in question, for that company and all persons interested therein to cause the said lands to be thrown open to prospectors and explorers for valuable minerals, other than coal and iron, and that said Central Pacific Railway Company offer to sell to the discoverer of any land valuable for mineral purposes such land at the same rate that mineral land is sold by the United States, or at some figure as will be just, both to the railway company and the miner.

Mineral lands in Central Pacific Railway grant.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Requesting Central Pacific to throw lands open to prospectors.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 344 (NUMBER 10)κ

 

 

 

 

 

 

Governor requested to forward resolutions.

erals, other than coal and iron, and that said Central Pacific Railway Company offer to sell to the discoverer of any land valuable for mineral purposes such land at the same rate that mineral land is sold by the United States, or at some figure as will be just, both to the railway company and the miner.

      Resolved, That His Excellency, the Governor, be, and he hereby is, requested to forward a copy of this resolution to the president and to each of the directors of the Central Pacific Railway Company, and also to the president and each of the directors of the Southern Pacific Company, and to such other persons as in his judgment will be advantageous.

 

________

 

NUMBER 11

 

 

 

 

 

 

 

To amend Sec. 7, Art. II, of the Constitution.

 

 

Poll tax for improvement of public roads.

No. XI.–Assembly Joint and Concurrent Resolution No. 10, relative to amending section seven, article two, of the Constitution of Nevada, pertaining to the disbursement of the poll tax

 

[Approved March 16, 1909.]

 

      Resolved by the Assembly, the Senate concurring, That the Constitution of the State of Nevada be amended so as to read as follows:

      Amend section seven, article two, of the Constitution of Nevada, so that the same shall read as follows:

      Section 7.  The Legislature shall provide by law for the payment of an annual poll tax of not less than two, nor exceeding four, dollars from each male resident in the State between the ages of twenty-one and sixty years (uncivilized American Indians excepted) to be expended for the maintenance and betterment of the public roads.

 

________

 

NUMBER 12

 

 

 

 

 

 

To amend Sec. 1, Art. IX, of the Constitution.

No. XII.–Assembly Joint and Concurrent Resolution No. 16, to amend Section 1, Article IX, of the Constitution of the State of Nevada.

 

[Approved March 20, 1909.]

 

      Whereas, The Constitution of the State of Nevada in section one, article nine, now provides that the fiscal year shall begin on January first; and

      Whereas, The business of the State of Nevada has increased to a great extent, and entailed upon the officers of the State government greatly enlarged duties and necessitated the creation of additional offices; and

      Whereas, It is necessary that the Legislature be promptly and intelligently advised of the condition of the affairs of the State by the various departments of the State government in their biennial reports to the Governor and the Legislature; and

      Whereas, The period between the ending of the fiscal year and the meeting of the Legislature is too short to permit of the preparation and printing of the many reports of State officers and institutions so that the Legislature may have the benefit of the knowledge therein contained in estimating the appropriations of money necessary for the ensuing two years and in enacting legislation for the benefit of the State; therefore be it

 


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 345 (NUMBER 12)κ

 

officers and institutions so that the Legislature may have the benefit of the knowledge therein contained in estimating the appropriations of money necessary for the ensuing two years and in enacting legislation for the benefit of the State; therefore be it

      Resolved, That section one of article nine of the State Constitution be and it is hereby amended to read as follows:

      Section 1.  The fiscal year shall commence on the first day of September in each year.

 

 

 

 

Fiscal year to commence September 1st.

 

________

 

NUMBER 13

No. XIII.–Senate Substitute for Assembly Joint and Concurrent Resolution No. 8, proposing that section nine be added to article two of the Constitution of the State of Nevada.

 

[Approved March 22, 1909.]

 

      Resolved by the Senate, the Assembly concurring, That section nine be added to article two of the Constitution of the State of Nevada, to read as follows:

      Section 9.  Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the qualified electors of the State, or of the county, district, or municipality, from which he was elected. For this purpose not less than twenty-five per cent (25%) of the qualified electors who vote in the State or in the county, district, or municipality electing said officer, at the preceding election, for Justice of the Supreme Court, shall file their petition, in the manner herein provided, demanding his recall by the people; they shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within twenty days (20) after the issuance of the call therefor, in the State, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive the highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required.

 

 

 

 

 

 

Adding new section to Art. II of Constitution.

Recall of public officer.

 

 

 

 

Petition.

 

 

 

 

Special election.

 

 

Ballot, etc


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 346 (NUMBER 13)κ

 

 

 

 

In case of legislative officer.

nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a Senator or Assemblyman in the Legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law.

 

________

 

NUMBER 14

 

 

 

 

 

 

To amend Sec. 8, Art I, of the Constitution.

 

 

 

 

 

Attorney-General or District Attorney may cause arrest on information.

No. XIV.–Assembly Joint and Concurrent Resolution No. 17, relative to amending section eight of article one of the Constitution of the State of Nevada pertaining to indictments in criminal cases.

 

[Approved March 22, 1909.]

 

      Resolved by the Assembly, the Senate concurring, That section eight of article one of the Constitution of the State of Nevada be amended to read as follows:

      Section 8.  No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a District Attorney, or Attorney-General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.

 

________

 

 


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 347κ

NUMBER 15

No. XV.–Senate Joint and Concurrent Resolution No. 9, relative to the just consideration to be accorded those wearing the uniform of the United States whether in the army or navy, regardless of rank.

 

[Approved March 22, 1909.]

 

      Whereas, The American people regard those who have enlisted in the army and navy of the United States as most worthy of their respect and consideration; and

      Whereas, The uniform of a soldier or sailor in the service of this Government, regardless of rank, is a badge of honor; and

      Whereas, It has come to the notice of the people of this country that certain misguided persons have seen fit to refuse admittance to social or other functions, soldiers and sailors who were not of official rank, solely because of their uniform and inferiority in rank; therefore be it

      Resolved, That we condemn such conduct as un-American, and we commend the vigorous action of President Roosevelt in endeavoring to discourage further action of similar character.

 

 

 

 

 

 

Uniform of United States soldier or sailor a badge of honor.

 

 

 

 

 

President Roosevelt commended.

 

________

 

NUMBER 16

No. XVI.–Senate Substitute for Assembly Joint and Concurrent Resolution No. 7, proposing to amend article nineteen of the Constitution by adding to said article section three, relating to the initiative and referendum and the powers thereby conferred upon the qualified electors.

 

[Approved March 22, 1909.]

 

      Resolved by the Senate, the Assembly concurring, That section three be added to article nineteen of the Constitution of the State of Nevada, said section so added to read as follows:

      Section 3.  The people reserve to themselves the power to propose laws and the power to propose amendments to the Constitution, and to enact or reject the same at the polls, independent of the Legislature, and also reserve the power at their option to approve or reject at the polls, in the manner herein provided, any Act, item, section or part of any Act or measure passed by the Legislature, and section one of article four of the Constitution shall hereafter be construed accordingly. The first power reserved by the people is the initiative, and not more than ten per cent (10%) of the qualified electors shall be required to propose any measure by initiative petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions, for all but municipal legislation, shall be filed with the Secretary of State not less than thirty (30) days before any regular session of the Legislature; the Secretary of State shall transmit the same to the Legislature as soon as it convenes and organizes. Such initiative measures shall take precedence over all measures of the Legislature except appropriation bills, and shall be enacted or rejected by the Legislature, without change or amendment, within forty (40) days.

 

 

 

 

 

 

 

To amend Constitution by adding Sec. 3 to Art. XIX.

Initiative.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 348 (NUMBER 16)κ

 

Initiative.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Referendum

 

 

 

 

 

 

 

 

 

Conflicting measures, how settled.

initiative measures shall take precedence over all measures of the Legislature except appropriation bills, and shall be enacted or rejected by the Legislature, without change or amendment, within forty (40) days. If any such initiative measure so proposed by petition as aforesaid, shall be enacted by the Legislature and approved by the Governor in the same manner as other laws are enacted, same shall become a law, but shall be subject to referendum petition as provided in sections one and two of this article. If said initiative measure be rejected by the Legislature or if no action be taken thereon within said forty (40) days, the Secretary of State shall submit same to the qualified electors for approval or rejection at the next ensuing general election; and if a majority of the qualified electors voting thereon shall approve of such measure it shall become a law and take effect from the date of the official declaration of the vote; an initiative measure so approved by the qualified electors shall not be annulled, set aside, or repealed by the Legislature within three (3) years from the date said Act takes effect. In case the Legislature shall reject such initiative measure, said body may, with the approval of the Governor, propose a different measure on the same subject, in which event both measures shall be submitted by the Secretary of State to the qualified electors for approval or rejection at the next ensuing general election. The enacting clause of all bills proposed by the initiative shall be: “The People of the State of Nevada enact as follows.” The whole number of votes cast for Justice of the Supreme Court at the general election last preceding the filing of any initiative petition shall be the basis on which the number of qualified electors required to sign such petition shall be counted.

      The second power reserved by the people is the referendum, which shall be exercised in the manner provided in sections one and two of this article. The initiative and referendum powers in this article provided for are further reserved to the qualified electors of each county and municipality as to all local, special and municipal legislation of every character in or for said respective counties or municipalities. The Legislature may provide by law for the manner of exercising the initiative and referendum powers as to county and municipal legislation, but shall not require a petition of more than ten per cent (10%) of the qualified electors to order the referendum, not [nor] more than fifteen per cent (15%) to propose any municipal measure by initiative.

      If the conflicting measures submitted to the people at the next ensuing general election shall both be approved by a majority of the votes severally cast for and against each of said measures, the measure receiving the highest number of affirmative votes shall thereupon become a law as to all conflicting provisions.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 349 (NUMBER 16)κ

 

      The provisions of this section shall be self-executing, but legislation may be especially enacted to facilitate its operation.

 

 

________

 

NUMBER 17

No. XVII.–Assembly Concurrent Resolution No. 3, relative to amending Section 3, Article XV of the Constitution of the State of Nevada.

 

[Passed March 12, 1909.]

 

      Resolved by the Assembly and the Senate, conjointly, That section three, article fifteen, of the Constitution of the State of Nevada be amended so as to read as follows:

      Section 3.  No person shall be eligible to any office who is not a qualified elector under this Constitution. No person who, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has acted as second, or knowingly conveyed a challenge or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit or trust, or enjoy the right of suffrage under this Constitution. The Legislature shall provide by law for giving force and effect to the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this State one year, and in the county or district six months, next preceding any election to fill either of said offices, or the making of such appointment, shall be eligible to the office of Superintendent of Public Instruction, Deputy Superintendent of Public Instruction, School Trustee, and Notary Public.

 

 

 

 

 

To amend Sec. 3, Art. XV, of Constitution.

 

 

 

 

 

 

 

 

Females eligible to certain offices.

 

________

 

NUMBER 18

No. XVIII.–Senate Substitute for Assembly Joint and Concurrent Resolution No. 11, relating to the free coinage of silver.

 

[Approved March 24, 1909.]

 

      Whereas, For thousands of years gold and silver had, until the year 1873, been the two standard money metals of the world, used interchangeably in nearly or quite every nation pretending to advanced civilization; and

      Whereas, In the above-named year the United States and Germany both demonetized silver and made gold alone their monetary standard, which action has been followed by other nations until, at the present time, silver is, throughout most of the commercial world, merely a subordinate and subsidiary money metal; and

      Whereas, The effect of such demonetization has been to deprive the world of an adequate supply of standard money for business purposes, and also to depress the price of silver to the great and unjustifiable injury of the silver mining industry in general, and especially in the United States, throwing many thousands of men out of employment, and seriously affecting the prosperity of important States and Territories of the American Union; and

 

 

 

 

 

 

Gold and silver standard money metals.

 

 

 

 

 

Suffering caused by demonetization of silver.


…………………………………………………………………………………………………………………

κ1909 Statutes of Nevada, Page 350 (NUMBER 18)κ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prosperity would be enhanced by restoration.

 

United States should have free coinage.

 

 

 

 

 

Senators and representative urged to act.

industry in general, and especially in the United States, throwing many thousands of men out of employment, and seriously affecting the prosperity of important States and Territories of the American Union; and

      Whereas, Nevada has been one of the greatest sufferers in consequence of this act; and

      Whereas, No good reason has ever been given for this restriction of the world’s money supply, it being an obvious fact that no nation has ever yet had more metallic money than could be advantageously used in the transaction of its business, and it being equally obvious that there is even now an actual shortage of the money supply in every leading commercial nation, including our own; and

      Whereas, The logic of events during the last twelve years has completely sustained and vindicated the bimetallic contention that both prices and prosperity are dependent upon the quantity of money in circulation; therefore be it

      Resolved, That, in the judgment of the Legislature of this State, the prosperity of the State, the Nation and the world will be greatly enhanced by the complete restoration of silver to full monetary use upon bimetallic principles.

      Resolved, further, That as the American Republic was so largely instrumental in striking down silver as a money metal, and is, at this time, by far the strongest nation, financially, in the world, as well as the largest producer of silver, it is the duty of the United States Government to take the first step toward lifting the metal again to the position which it formerly occupied as the monetary associate of gold; and that to this end, the mints of the country should be opened to the unrestricted coinage of both gold and silver with full legal tender accorded to the standard coins of both metals, upon true bimetallic principles.

      Resolved, That copies of this resolution be at once forwarded to our Senators and Representative in Congress, who are hereby requested to take such action with reference thereto as may be feasible.

 

________