[Rev. 3/1/2019 5:43:42 PM]
RESOLUTIONS AND MEMORIALS
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ê1959 Statutes of Nevada, Page 925ê
Resolutions and Memorials
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Assembly Concurrent Resolution No. 1–Committee on Legislative Functions
FILE NUMBER 1
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Richard Kirman, Sr.
Whereas, On the 19th day of January, 1959, the people and friends of the State of Nevada suffered one of their most dire losses by the death of the dearly beloved and respected Richard Kirman, Sr., chief executive of his native State of Nevada from 1935 to 1939; and
Whereas, Mr. Kirman made historic and everlasting contributions to the sound foundation of our state and to the stability of the banking industry which, in the main, were realized during the great depression of the 1930’s; and
Whereas, Richard Kirman, Sr., as governor of the State of Nevada and assemblyman from Ormsby County, dedicated himself to the preservation of the economy of our state; and
Whereas, The business and political career of Richard Kirman, Sr. forever will be hailed as a glorious star in the splendid galaxy of Nevada statesmen and industrialists; and
Whereas, Mr. Kirman’s industriousness, versatility and unselfish devotion to the welfare of the people of his community and his state manifested themselves early in his life as he served as mayor of the city of Reno and as a member of the board of regents of the University of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the deep sorrow of the members of the 49th session of the legislature of the State of Nevada be expressed to Mrs. Wallace Taber, the daughter of Richard Kirman, Sr., and to his remaining family, over the inconsolable loss of an outstanding friend and public figure; and be it further
Resolved, That the written form of this resolution be indelibly spread upon a memorial page of the journals of the assembly and senate as an everlasting meed of praise of Richard Kirman, Sr.; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Wallace Taber
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ê1959 Statutes of Nevada, Page 926ê
Assembly Concurrent Resolution No. 5–Messrs. Bay, Collins, DeSpain and Seifers
FILE NUMBER 2
ASSEMBLY CONCURRENT RESOLUTION–Expressing the appreciation of the Nevada legislature for the courtesies extended to certain members of the legislature by the Kennecott Copper Co., Nevada Mines Division, White Pine County and the City of Ely.
Whereas, The great State of Nevada owes its statehood and high rank among the states of the Union in large part to the mining industry of this state; and
Whereas, The 49th session of the legislature is deeply aware of the adverse conditions under which the mining industry of this state must now operate; and
Whereas, The mines and mining committee of the assembly, the mining committee of the senate, the labor committees of both houses and other members of the legislature journeyed to the City of Ely to become better acquainted with the problems under which the mines of that area continue production; and
Whereas, Kennecott Copper Co., Nevada Mines Division, White Pine County and the City of Ely extended many courtesies to these committees during their inspection of the mining, milling and smelting facilities and other industrial facilities of the Eastern Nevada area from February 6 to February 8, 1959; and
Whereas, The gracious manner in which such courtesies were extended has produced a sentiment of appreciation on the part of the members of such committees and all the members of the 49th session of the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada expresses its sincere appreciation to the Kennecott Copper Co., Nevada Mines Division, White Pine County and the City of Ely; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the Kennecott Copper Co., Nevada Mines Division, the county commissioners of White Pine County and the mayor and council of the City of Ely.
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Senate Concurrent Resolution No. 2–Senator Lauritzen
FILE NUMBER 3
Senate Concurrent Resolution–Memorializing the late Senator Louis A. Lemaire
Whereas, The legislature of the State of Nevada has learned with deepest sorrow and regret of the death of the former Senator from Lander County, Louis A. Lemaire; and
Whereas, Senator Louis A. Lemaire was a devoted servant to the people of his county, serving them in the capacity of county commissioner, school board member, justice of the peace and state senator; and
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ê1959 Statutes of Nevada, Page 927 (FILE NUMBER 3, SCR 2)ê
Whereas, The people of all Nevada have always recognized Louis A. Lemaire as one of the business and civic leaders of northern Nevada; and
Whereas, Louis A. Lemaire was one of the leading factors in Nevada’s swift rise to prominence among the states of the Union; and
Whereas, The calling of the late Senator Louis A. Lemaire to the silent halls of death brought into the hearts of members of the legislature a feeling of irreparable loss and grief; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of this 49th session of the legislature of the State of Nevada are extended to the family and surviving relatives of the late Senator Louis A. Lemaire; and be it further
Resolved, That this resolution be spread upon the journals of the senate and assembly, and that when these bodies adjourn today they do so in memory of former Senator Louis A. Lemaire; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow, surviving children and grandchildren of the deceased.
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Senate Concurrent Resolution No. 3–Senators Black, Brown, Dial, Dodge, Duffy, Echeverria, Frank, Gallagher, Lamb, Lauritzen, McGowan, Monroe, Murray, Seevers, Settelmeyer, Slattery and Whitacre
FILE NUMBER 4
SENATE CONCURRENT RESOLUTION–Commending the Boy Scouts of America and memorializing state officers to support the Boy Scouts of America and Nevada Scout Day.
Whereas, The Boy Scouts of America is one of the greatest character-building institutions in the world; and
Whereas, The Nevada Area Council and the Boulder Dam Area Council of the Boy Scouts of America are holding their annual Nevada Scout Day in Carson City, Nevada, February 12, 1959; and
Whereas, It is very heartening to be informed that Boy Scouts in the State of Nevada are eager to spend a day actually taking part in the operations of our state government, and to observe and learn more about the operation of our state government; and
Whereas, The long-standing custom of state officers participating in the citizenship-training phase of the Nevada Scout Day program has proven to be an invaluable and practical method of teaching Americanism, good citizenship and leadership; and
Whereas, Nevada Scout Day affords Nevada Scouts and those Scouts of California and Arizona whose memberships are in the above-mentioned councils an opportunity to see some of the wonderful state in which we live and visit many of the historic shrines and state institutions located in Carson City; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 49th session of the legislature of the State of Nevada hereby commend the Boy Scouts of America for their efforts in teaching Americanism, citizenship and leadership through outstanding programs such as the annual Nevada Scout Day; and be it further
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ê1959 Statutes of Nevada, Page 928 (FILE NUMBER 4, SCR 3)ê
efforts in teaching Americanism, citizenship and leadership through outstanding programs such as the annual Nevada Scout Day; and be it further
Resolved, That the state officers in the State of Nevada are hereby memorialized to give the fullest support and endorsement to the Boy Scouts of America and the annual Nevada Scout Day to be held in Carson City, Nevada, February 12, 1959.
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Senate Concurrent Resolution No. 4–Committee on Legislative Functions
FILE NUMBER 5
SENATE CONCURRENT RESOLUTION–Expressing appreciation of legislature to Bill Harrah for invitation extended to spend an evening at enchanting Harrah’s Club on the south shore of lovely Lake Tahoe.
Whereas, Many legislators spent the evening of February 5, 1959, at Harrah’s Club on the south shore of Lake Tahoe at the invitation of Bill Harrah; and
Whereas, The few moments spent partaking of fine food and excellent entertainment was a refreshing respite from the rigors of legislating; and
Whereas, It is the desire of the forty-ninth session of the legislature of the State of Nevada to express our gratitude to the staff and management of Harrah’s Club for their many thoughtful courtesies; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the thanks and appreciation of the forty-ninth session of the legislature of the State of Nevada are hereby extended to Bill Harrah; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Bill Harrah.
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Assembly Joint Resolution No. 14 of the Forty-eighth Session–Committee on Ways and Means
FILE NUMBER 6
ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 3 of article 9 of the constitution of the State of Nevada.
[To be voted on in 1960]
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 3 of article 9 of the constitution of the State of Nevada be amended to read as follows:
Section 3. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of [one] two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned.
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ê1959 Statutes of Nevada, Page 929 (FILE NUMBER 6, AJR 14 of the Forty-eighth Session)ê
mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise. The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
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Assembly Concurrent Resolution No. 7–Committee on Elections
FILE NUMBER 7
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the legislative commission to make a complete study of the election laws of the State of Nevada during the year 1959 and present a new code of election laws for adoption by the legislature at the 1960 session.
Whereas, The election laws of the State of Nevada were adopted in piecemeal fashion throughout the legislative history of the state; and
Whereas, Many of the laws are antiquated and perplexing; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby memorialized to make a complete study of the election laws of the State of Nevada during the year 1959 and present a new code of election laws for adoption by the legislature at the 1960 session; and be it further
Resolved, That the legislative commission deliver a report of the results of such study to each member of the legislature no later than January 3, 1960.
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ê1959 Statutes of Nevada, Page 930ê
Assembly Concurrent Resolution No. 9–Mr. Bunker
FILE NUMBER 8
ASSEMBLY CONCURRENT RESOLUTION–Commemorating the 100th Anniversary of the birth of Emma Wixom.
Whereas, This year marks the 100th anniversary of the birth, in a small mining town in California, of Emma Wixom, the famed singer from the Comstock; and
Whereas, Emma Wixom’s parents, a pioneer doctor and his wife, moved their home to Austin, Nevada, while Emma was still a child; and
Whereas, Emma Wixom spent her childhood in Austin, Nevada, and sang publicly for the first time there at the dedication of the Methodist Church; and
Whereas, Emma Wixom’s sweet silver-toned voice and winning personality pleased the public during triumphant tours which carried her to nearly every major city in Europe and the United States; and
Whereas, Upon her return from a command performance before Queen Victoria of England, Emma Wixom gave several performances in her beloved Austin, and in Virginia City and other mining towns in Nevada and California to show her appreciation to those who extended kindness and aid to her during her childhood; and
Whereas, Emma Wixom was widely known to the world as “Emma Nevada” and the “Comstock Nightingale” because of her efforts in publicizing the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 49th session of the legislature of the State of Nevada hereby commemorates the 100th anniversary of the birth of Emma Wixom as an expression of gratitude of the people of the State of Nevada for the years of devoted effort which she contributed to publicizing the State of Nevada; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Emma Wixom’s daughter, Mignon Nevada Palmer of London, England, and Herbert Hamlin, editor of the Pony Express magazine.
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Assembly Concurrent Resolution No. 11–Mr. Collins
FILE NUMBER 9
ASSEMBLY CONCURRENT RESOLUTION–Extending sympathy to Assemblywoman Helen Herr on the death of her mother, Mrs. Hilma Chambers.
Whereas, The members of this legislature have learned with deep regret of the passing, on February 13, 1959, of Mrs. Hilma Chambers, beloved mother of Assemblywoman Helen Herr; and
Whereas, Assemblywoman Herr was counseled and encouraged by her mother in her daily life and in her labors in the Nevada legislature; and
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ê1959 Statutes of Nevada, Page 931 (FILE NUMBER 9, ACR 11)ê
Whereas, The duties of a member of the legislature are arduous and difficult without the added burden of bereavement; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the sincere sympathy and heartfelt condolences of the members of the 49th session of the legislature of the State of Nevada, are extended to Miss Helen Herr; and be it further
Resolved, That this resolution be spread upon the journals of the assembly and the senate.
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Assembly Concurrent Resolution No. 12–Messrs. Evans and Murphy
FILE NUMBER 10
ASSEMBLY CONCURRENT RESOLUTION–Expressing sympathy of the members of the legislature to Senator Jack Murray on his critical illness and extending the best wishes of the members for his speedy recovery to good health.
Whereas, The members of the legislature of the State of Nevada have learned with profound shock and deep sorrow of the critical illness of Senator Jack Murray of Eureka County, who suffered a stroke and was hospitalized in Elko, Nevada, on February 17, 1959, while engaged in his legislative duties of inspecting the Nevada industrial school as chairman of the Senate State Institutions Committee; and
Whereas, Senator Murray, despite the delicate condition of his health, has during this legislative session insisted upon performing his duties in the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the sincere condolences of the members of the 1959 session of the legislature of the State of Nevada are extended to Senator Jack Murray with the best wishes of all members for his speedy and complete recovery to good health; and be it further
Resolved, That a copy of this resolution be duly certified by the legislative counsel of the State of Nevada and be transmitted forthwith to Senator Jack Murray.
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Senate Concurrent Resolution No. 6–Committee on State and County Affairs
FILE NUMBER 11
SENATE CONCURRENT RESOLUTION–Requesting the counties and municipal corporations of the State of Nevada to cooperate with the Nevada Silver Centennial Committee in formulating plans for and participating in appropriate Silver Centennial celebrations and observances.
Whereas, The first significant discovery of silver in the United States was made near Virginia City, Nevada, in June 1859; and
Whereas, The governor has by official proclamation designated the year 1959 as Nevada Silver Centennial Year; and
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ê1959 Statutes of Nevada, Page 932 (FILE NUMBER 11, SCR 6)ê
Whereas, The governor in his proclamation has enjoined all county and municipal officials and bodies of this state to observe this centennial with appropriate ceremonies and to participate therein; and
Whereas, The governor in his proclamation has urged all of the people of the state and especially the descendants of the discoverers and of the early settlers to participate in Nevada Silver Centennial ceremonies; and
Whereas, The Nevada Silver Centennial Committee has been and is working diligently to promote observances commemorating the Nevada Silver Centennial in every county and municipal corporation of the state during 1959; and
Whereas, These statewide observances may well be held concurrently with significant events to be held in the various counties and municipal corporations during 1959; and
Whereas, These observances may well be commemorative of the fact that silver ore has been discovered in every county of the state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 49th session of the Nevada legislature, in support of the governor’s proclamation, requests all counties and municipal corporations and official bodies thereof to design plans, programs and celebrations in commemoration of the Nevada Silver Centennial during 1959; and be it further
Resolved, That all counties and municipal corporations of the state be urged to cooperate with the Nevada Silver Centennial Committee in formulating plans for and participating in appropriate Silver Centennial celebrations and observances; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the boards of county commissioners of all the counties of this state and to the governing bodies of all municipal corporations of this state.
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Assembly Concurrent Resolution No. 13–Committee on Legislative Functions
FILE NUMBER 12
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Reverend Jesse L. Bennett.
Whereas, The Reverend Jesse L. Bennett is credited with being the first Protestant minister to carry the word of God to the inhabitants of the eastern slopes of the Sierras; and
Whereas, The Methodist Church was founded in Nevada by the Reverend Bennett when he held services in Eagle Ranch, now Carson City, in the spring of 1859 and in Virginia City in 1860; and
Whereas, The Reverend Bennett died before the turn of the century after having served mankind faithfully for many years; and
Whereas, The many endeavors of this great man shed lustre on his name; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 49th session of the legislature recognize the accomplishments of the Reverend Jesse L.
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ê1959 Statutes of Nevada, Page 933 (FILE NUMBER 12, ACR 13)ê
curring, That the members of the 49th session of the legislature recognize the accomplishments of the Reverend Jesse L. Bennett by spreading this resolution upon the journals of the assembly and the senate; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the First Methodist Church of Carson City, Nevada, Bishop Donald H. Tippett of San Francisco, California, and the Historical Society of the Methodist Church.
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Senate Joint Resolution No. 1–Senators Brown, Gallagher, Seevers and Whitacre (by request of the Legislative Commission)
FILE NUMBER 13
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to repeal the Pittman Act, and to amend the Desert Land Act by eliminating the exception of the State of Nevada from the provision that no person shall be entitled to make entry on desert lands unless he be a resident of the state in which the land is located.
Whereas, The Pittman Act, enacted in 1919, is a law specifically designed to encourage reclamation in only certain arid lands in the State of Nevada; and
Whereas, The purpose for which the law was enacted no longer exists; and
Whereas, Under a provision of the Desert Land Act, Nevada is the only state in the Union wherein an applicant for land entry need not be a resident of the state; and
Whereas, The Pittman Act and the Desert Land Act are now being used by unscrupulous speculators and nonresident promoters to take advantage of unsuspecting residents of Nevada and other states of the Nation; and
Whereas, A great many of the land entries under the Pittman Act and the Desert Land Act are ill-advised with respect to quality of soils, limited ground waters, economic location and other factors basic to success and are later abandoned; and
Whereas, The clearing and cultivation activities on such later abandoned entries destroy the native vegetation, open the land surface to wind and water erosion and invite invasion by poisonous weeds; and
Whereas, The administration of a program by the United States Bureau of Land Management to assure proper resource management and development of long-term economic stability over the vast federally owned lands in Nevada is greatly hampered by unwise entries under the Pittman Act and the Desert Land Act entries; and
Whereas, The unwise entries under the Pittman Act and the Desert Land Act present grave danger to the present water control system on many established farms and ranches in Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby urged to repeal the Pittman Act, being 43 U. S. C. §§ 351-360, and to amend a section of the Desert Land Act, being 43 U.
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ê1959 Statutes of Nevada, Page 934 (FILE NUMBER 13, SJR 1)ê
the Desert Land Act, being 43 U. S. C. § 325, by eliminating the exception of the State of Nevada from the provision that no person shall be entitled to make entry on desert lands unless he be a resident of the state in which the land is located; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, the Speaker of the House of Representatives and to each member of the State of Nevada’s Congressional delegation.
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Assembly Joint Resolution No. 20 of the Forty-eighth Session–Messrs. Pozzi, Barnum and Vaughan
FILE NUMBER 14
ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 14, of article 5 of the constitution of the State of Nevada.
[To be voted on in 1960]
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 14, of article 5 of the constitution of the State of Nevada be amended to read as follows:
Section 14. The governor [, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one,] may, upon such conditions and with such limitations and restrictions as [they] he may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. In lieu of the independent action of the governor in matters of executive clemency, the legislature may provide for a board of pardons to be appointed by the governor and to serve at his pleasure and of which the governor shall serve as chairman. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
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Senate Joint Resolution No. 7–Committee on Federal Affairs
FILE NUMBER 15
SENATE JOINT RESOLUTION–Memorializing the Director of the Mint to instruct the Superintendent of the Mint of the United States at San Francisco to strike off silver medallions commemorating the 100th anniversary of the discovery of the Comstock Lode and to use silver furnished by the Nevada Silver Centennial Commission for such medallions.
Whereas, During the year 1959, the people of the State of Nevada will celebrate, with creditable pageantry and commemoration, the 100th anniversary of the discovery of silver in the vicinity of Virginia City, Nevada, which area subsequently became known as the Comstock Lode and was one of the richest and most famous mining areas of all time; and
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ê1959 Statutes of Nevada, Page 935 (FILE NUMBER 15, SJR 7)ê
anniversary of the discovery of silver in the vicinity of Virginia City, Nevada, which area subsequently became known as the Comstock Lode and was one of the richest and most famous mining areas of all time; and
Whereas, The revenues resulting from such discoveries aided mightily the cause of the Union in the Civil War, and the continued production from the Comstock Lode throughout the 1870’s aided the Nation’s recovery and great industrial expansion following the Civil War; and
Whereas, Silver medallions commemorating the 100th anniversary of the discovery of the Comstock Lode would be a fitting contribution to the centennial celebration; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the members of the 49th session of the legislature of the State of Nevada hereby memorialize the Director of the Mint to instruct the Superintendent of the Mint of the United States at San Francisco to strike off such number of commemorative silver medallions as the Nevada Silver Centennial Commission may require in observance of the 100th anniversary of the discovery of the Comstock Lode; and be it further
Resolved, That the silver used in such medallions be furnished by the Nevada Silver Centennial Commission; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Director of the Mint and members of Nevada’s Congressional delegation.
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Senate Joint Resolution No. 4–Committee on Agriculture and Irrigation
FILE NUMBER 16
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to prepare adequate state water rights legislation.
Whereas, Despite repeated congressional recognition in many statutes, such as the Federal Power Act, the Desert Land Act, and, more recently, the Water Supply Act of 1958, that the states have and should have the primary interest and responsibility for the control and coordination of water use, a series of judicial decisions in the last decade and a half has cast some doubt on the authority of the states to perform their appropriate tasks in this field, and has suggested the possibility of unlimited federal prerogatives concerning water which casts doubt on the basis of vested water rights and weakens the ability of the states successfully to coordinate water development; and
Whereas, Factors involved in water development are peculiarly dependent on local geography, climate, and economic needs and are consequently best handled within our federal system by the state level of government; and
Whereas, The traditional role of the states in the administration, conservation and utilization of their water resources has led in the direction of optimum harmonious development of these water resources; and
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ê1959 Statutes of Nevada, Page 936 (FILE NUMBER 16, SJR 4)ê
Whereas, Federal agencies which have complied with state water laws in obedience to the expressed intent of Congress have not thereby jeopardized any of the legitimate interests of the Federal Government; and
Whereas, Doubts raised by these judicial decisions as to the basis of vested water rights, present and future, and doubts as to the relationships between the federal and state governments will, without corrective congressional action, tend to delay much needed water development for an indefinite time and discourage the states in their efforts to make such needed improvements in their facilities for water resource planning and development; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact legislation in unmistakable and effective terms to provide that the states shall have primary responsibility and authority for the administration and development of water resources within their boundaries; that such law be so clear and unambiguous as to be incapable of evasion by either executive order or judicial interpretations; and that such law require every agency, permittee, licensee, and employee of the Federal Government, as a condition precedent to the taking or use of any water, to acquire a right to the use thereof in conformity with state laws and procedures relating to the control, appropriation, use or distribution of such water; and, be it further
Resolved, That the Congress of the United States is hereby memorialized to enact legislation defining the waters originating on federally owned or controlled lands which contribute to flowing or moving surface or ground waters, and thereby eliminate the doubts created by recent judicial decisions, and clarify the relations of the federal and state governments in the water field, so as to minimize litigation and delays and allow water development by the federal and state governments to proceed on a harmonious basis; and, be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, Vice President of the United States, Secretary of the Interior, Secretary of Agriculture, Speaker of the House of Representatives and each member of Nevada’s Congressional delegation.
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Senate Joint Resolution No. 8–Senators Brown and Whitacre
FILE NUMBER 17
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to enact legislation for the admission of the Territory of Hawaii to statehood.
Whereas, The people of the Territory of Hawaii have shown through processes of democracy that they wish to join the Union; and
Whereas, The Territory of Hawaii has served the United States as an extended frontier for the development of peaceful pursuits, as well as a wartime bulwark; and
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ê1959 Statutes of Nevada, Page 937 (FILE NUMBER 17, SJR 8)ê
Whereas, It is to the best interest of national defense to bring the people and resources of this outlying territory under the American flag in full partnership; and
Whereas, The people of the territory of Hawaii, many of whom migrated there from one of the 49 states, have demonstrated their fundamental belief in peace, democracy and good citizenship; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact legislation for the admission of the Territory of Hawaii to statehood; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, Speaker of the House of Representatives and each member of Nevada’s Congressional delegation.
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Assembly Concurrent Resolution No. 6–White Pine County Delegation
FILE NUMBER 18
ASSEMBLY CONCURRENT RESOLUTION–Authorizing and directing the department of economic development to investigate possibilities of financial aid to new small business concerns.
Whereas, The essence of the economic system of private enterprise is free competition; and
Whereas, The security and well-being fostered by free competition cannot be realized unless the actual and potential capacity of small business is encouraged and developed; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the department of economic development be, and hereby is, authorized and directed to investigate all possibilities of financial aid to new small business concerns by the Small Business Administration of the Federal Government.
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Assembly Concurrent Resolution No. 15–Committee of the Whole
FILE NUMBER 19
ASSEMBLY CONCURRENT RESOLUTION–Expressing sympathy of the members of the legislature to Assemblywoman Maude Frazier on her recent injuries, and extending best wishes of the members for her speedy and complete recovery.
Whereas, The members of the legislature of the State of Nevada have learned with sorrow of the recent injuries suffered by Miss Maude Frazier, assemblywoman from Clark County, Nevada; and
Whereas, Miss Frazier has labored long and diligently for the people of the State of Nevada; and
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ê1959 Statutes of Nevada, Page 938 (FILE NUMBER 19, ACR 15)ê
Whereas, Assemblywoman Frazier enjoys the deepest love and respect of her colleagues in the legislature of the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 49th session of the legislature of the State of Nevada convey to Assemblywoman Maude Frazier their deepest sympathy, fondest regards and best wishes for a speedy and complete recovery to good health; and be it further
Resolved, That a certified copy of this resolution be transmitted forthwith by the legislative counsel of the State of Nevada to Assemblywoman Maude Frazier.
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Assembly Joint Resolution No. 11–Messrs. Pasquale and Young
FILE NUMBER 20
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to oppose any legislation to enact the Wilderness Preservation System as proposed in the Wilderness Act and all other legislation and regulation not in accord with the multiple use principle in the management of federal land.
Whereas, National legislation and regulation which establish wilderness preservation areas are contrary to the multiple use principle in the management of federal land; and
Whereas, Enactment of special interest legislation and regulation would seriously handicap multiple use management of federal land; and
Whereas, Wholesale withdrawals of public land would be detrimental to the general tax structure and would limit and reduce the normal operations and development of the following industries: Mining, timbering, reclamation, grazing, oil and gas and dependent service industries in the western states; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to oppose the Wilderness Preservation System as proposed in the Wilderness Act as an infringement upon the administrative flexibility of the present system and because the enactment of such a proposal would subordinate policy decisions to a small council of nonrepresentative users; and be it further
Resolved, That the Congress of the United States is hereby memorialized to oppose all other legislation and regulation not in accord with the multiple use principle in the management of public land; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, Speaker of the House of Representatives and each member of Nevada’s Congressional delegation.
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ê1959 Statutes of Nevada, Page 939ê
Assembly Joint Resolution No. 13–Committee on Mines and Mining
FILE NUMBER 21
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to aid in the mining industry in Nevada and other sections of the United States either by imposing tariffs or by other reasonable and effective methods so that the United States may become more prosperous and be assured of a constant supply of minerals necessary for an effective defense program.
Whereas, The mining industry in Nevada and other sections of the United States has been seriously curtailed by the importation of minerals from foreign countries in which the costs of production are much lower than those which prevail in the United States under American standards; and
Whereas, Many areas of the United States are dependent in large measure upon the production of metals for the maintenance of their economics, and the drastic curtailment of such production has seriously affected the welfare of such areas through losses of revenue to local merchants, employees, business enterprises and state and local governments; and
Whereas, A healthy, stable domestic mining industry is a key to national security because without such industry the United States cannot be assured of a constant supply of minerals necessary for an effective defense program; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States be memorialized to aid the mining industry of Nevada and other sections of the United States either by imposing tariffs or by other reasonable and effective methods so that the United States may become more prosperous and be assured of a constant supply of minerals necessary for an effective defense program; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, Speaker of the House of Representatives, and each member of Nevada’s Congressional delegation.
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Assembly Joint Resolution No. 10 of the Forty-eighth Session–Messrs. Vaughan and McMullen
FILE NUMBER 22
ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 1 of article 10 of the constitution of the State of Nevada to provide a tax exemption for personal property in transit.
[To be voted on in 1960]
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
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ê1959 Statutes of Nevada, Page 940 (FILE NUMBER 22, AJR 10 of the Forty-eighth Session)ê
tions as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. No inheritance or estate tax shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes.
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Assembly Concurrent Resolution No. 16–Mr. Gibson
FILE NUMBER 23
ASSEMBLY CONCURRENT RESOLUTION–Congratulating Basic High School basketball team and coach Robert Lunt upon winning the state “AA” basketball championship.
Whereas, The basketball team representing Basic High School of Henderson, Nevada, was, on March 7, 1959, crowned the state “AA” high school basketball champions for the year 1959; and
Whereas, Such team’s display of basketball wizardry and teamwork was viewed with awe by all those who witnessed the “Wolves” climb to the championship; and
Whereas, The manner in which such team conducted itself upon the basketball floor was evidence of the excellent training and coaching given to it by coach Robert Lunt; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 49th session of the legislature of the State of Nevada extends its congratulations to the Basic High School basketball team and its coach, Robert Lunt; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Basic High School.
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ê1959 Statutes of Nevada, Page 941ê
Assembly Concurrent Resolution No. 17–Mr. Nevin
FILE NUMBER 24
ASSEMBLY CONCURRENT RESOLUTION–Congratulating the Storey County High School basketball team and coach Frank Jordan upon winning the state “B” basketball championship.
Whereas, The basketball team representing Storey County High School was, on March 7, 1959, crowned the state “B” high school basketball champions for the year 1959; and
Whereas, The cleverness and dexterity evidenced by the “Muckers” on the hardwoods left no doubt that they are richly deserving of the accolade of champions; and
Whereas, Although basketball teams from Storey County High School have always been feared and respected, this is the first basketball championship such school has won; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 49th session of the legislature of the State of Nevada extends its congratulations to the Storey County High School basketball team and its coach, Frank Jordan; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Storey County High School.
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Senate Joint Resolution No. 6–Senators Brown, Gallagher, Seevers and Whitacre (by request of the Legislative Commission)
FILE NUMBER 25
SENATE JOINT RESOLUTION–Proposing to amend section 1 of article 2 of the constitution of the State of Nevada, relating to how and by whom the voting franchise may be enjoyed, by providing that electors shall not be entitled to vote for unopposed candidates in an election.
[To be returned to 1961 Legislature]
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 2 of the constitution of the State of Nevada be amended to read as follows:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of twenty-one years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all [officers that] candidates for public office, except unopposed candidates, who now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no idiot or insane person shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex.
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ê1959 Statutes of Nevada, Page 942ê
Assembly Concurrent Resolution No. 18–Humboldt County Delegation
FILE NUMBER 26
ASSEMBLY CONCURRENT RESOLUTION–Congratulating Humboldt County High School’s football and basketball teams and their coaches for the remarkable records by both teams during the school year 1958-1959.
Whereas, Both the football and basketball teams of Humboldt County High School were crowned champions of their division during the 1958-1959 school year; and
Whereas, The football Buckaroos of Winnemucca fielded one of the greatest football teams to represent any Nevada high school in many years; and
Whereas, Winnemucca’s football team was not only undefeated during their regular season of play, but, also, they were unscored upon until the last game of the season; and
Whereas, The machine-like precision and the great team spirit displayed by the Humboldt County High School football team was a great tribute to the ability of their coach, Gene Moylan; and
Whereas, The Humboldt County High School basketball team scored 18 consecutive victories during the season only to meet defeat in the final game of the Northern “A” division tournament; and
Whereas, The basketball Buckaroos exhibited their courage and ability by sweeping to the state basketball championship in the University of Nevada gymnasium on March 7, 1959; and
Whereas, The aggressive finesse, court sense, and all-around competence exhibited by the entire Buckaroo basketball team is definite proof of the coaching ability of Jerome Etchegoyhen; and
Whereas, The school spirit and loyal support of all the students of Humboldt County High School was an inspiration and an incentive to the team members in achieving their remarkable records; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 49th session of the legislature of the State of Nevada extends its congratulations to the Humboldt County High School football and basketball teams and their coaches Gene Moylan and Jerome Etchegoyhen; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Humboldt County High School, Winnemucca, Nevada.
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ê1959 Statutes of Nevada, Page 943ê
Senate Joint Resolution No. 10–Committee on Education and State University
FILE NUMBER 27
SENATE JOINT RESOLUTION–Proposing to amend section 7 of article 11 of the constitution of the State of Nevada, relating to the board of regents of the University of Nevada, by providing for nine regents; by providing that the method of their election or appointment and their duties shall be as fixed by law.
[To be returned to 1961 Legislature]
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 7 of article 11 of the constitution of the State of Nevada be amended to read as follows:
[Sec. 7. The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first Four Years and until their successors are elected and qualified constitute a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. But the Legislature shall at its regular session next preceding the expiration of the term of Office of said Board of Regents provide for the election of a new Board of Regents and define their duties.] Section 7. The University of Nevada shall be governed by a board of regents consisting of nine members. The method of their election or appointment and their duties shall be as provided by law.
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Assembly Joint Resolution No. 14–Messrs. Crawford and Christensen (Washoe)
FILE NUMBER 28
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to grant federal loans to needy students for graduate studies and provides for repayment over 20 years.
Whereas, Numbers of our young people are prevented from pursuing graduate courses of study because of lack of funds; and
Whereas, In the interest of national defense the Federal Government would profit from increased education for certain students; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States be, and the same hereby is memorialized to authorize federal loans to needy college or university students for the pursuit of graduate studies when the following conditions are met; Need for such assistance; and graduation from a basic college course, and certification by the college that the student is qualified for higher training; and repayment, with interest, over a 20-year period; and be it further
Resolved, That certified copies of this resolution be forwarded by the legislative counsel to the President of the Senate, the Speaker of the House of Representatives, and each member of the Nevada Congressional delegation.
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ê1959 Statutes of Nevada, Page 944ê
Senate Concurrent Resolution No. 9–Senator Slattery
FILE NUMBER 29
SENATE CONCURRENT RESOLUTION–Encouraging the people of the State of Nevada to attend and the press and other news media of the State of Nevada to publicize the National Intercollegiate Boxing Championships to be held at the University of Nevada gymnasium on April 2, 3 and 4, 1959.
Whereas, Intercollegiate boxing has become recognized as one of the most thrilling and entertaining of the many intercollegiate sports; and
Whereas, Choosing Reno as the site for the National Intercollegiate Boxing Championships is a great tribute to the facilities of the University of Nevada and the work and sportsmanship displayed by the officials of the University of Nevada athletic department at the Pacific Coast Boxing Championships held in Reno, Nevada, in 1958; and
Whereas, It is an honor to the entire state that one of the greatest intercollegiate athletic events to be held during the school year is to be held within the boundaries of the state; and
Whereas, The power of the press and other news media is often one of the major factors in encouraging attendance at athletic events; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada encourages the people of the State of Nevada to insure the success of the National Intercollegiate Boxing Championships to be held at the University of Nevada on April 2, 3 and 4, 1959, by their attendance at such event; and be it further
Resolved, That the press and other news media of the State of Nevada are hereby memorialized to assert their influence by publicizing such athletic event in the manner that an event of such magnitude so justly deserves.
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Senate Concurrent Resolution No. 10–Committee of the Whole
FILE NUMBER 30
SENATE CONCURRENT RESOLUTION–Expressing appreciation of the Nevada legislature to certain persons for providing the site and sustenance for the Nataqua Pow-Wow.
Whereas, The legislators of Nevada and California were feted in uncommon splendor during the mortal combat in which they engaged in their effort to resolve the issue of ownership of those lands east of the dividing ridge separating the waters of the Carson Valley from those that flow into the mighty Pacific; and
Whereas, The luxurious surroundings, rounds of pleasure and excellent entertainment afforded such legislators at the Nataqua Pow-Wow was responsible for bloodless negotiation culminating in the smoking of the pipe of peace; and
Whereas, Such surroundings, pleasure and entertainment were the direct result of the efforts of Raymond I.
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ê1959 Statutes of Nevada, Page 945 (FILE NUMBER 30, SCR 10)ê
direct result of the efforts of Raymond I. Smith, Harold Smith, Sr., Harold Smith, Jr., Guy Lent and Les Kofoed, to whom much credit must go for the peaceful and unique manner in which such negotiations were accomplished in this era of cold war and distrust; and
Whereas, The gracious manner in which such courtesies were extended has produced a sentiment of appreciation on the part of the members of the 49th session of the Nevada legislature; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada expresses its sincere appreciation to Raymond I. Smith, Harold Smith, Sr., Harold Smith, Jr., Guy Lent and Les Kofoed for providing a sumptuous site and surroundings and succulent sustenance for the Nataqua Pow-Wow held on March 21 and 22, 1959; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to Raymond I. Smith, Harold Smith, Sr., Harold Smith, Jr., Guy Lent and Les Kofoed.
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Senate Concurrent Resolution No. 11–Committee on Aviation, Transportation and Highways
FILE NUMBER 31
SENATE CONCURRENT RESOLUTION–Requesting the return to the senate from the governor’s office of Senate Bill No. 302.
Whereas, Senate Bill No. 302 has passed both houses of the 49th session of the legislature and has been forwarded to the governor; and
Whereas, The bill requires further study, examination and possible amendment; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby requested to return to the senate for further consideration Senate Bill No. 302.
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Assembly Concurrent Resolution No. 19–Joint Committee of Ways and Means and Education
FILE NUMBER 32
ASSEMBLY CONCURRENT RESOLUTION–Extending appreciation and gratitude of the members of the legislature of the State of Nevada to the Clark County board of county commissioners, the board of trustees of the Clark County school district, the city council of Las Vegas, James Cashman, Jr., and the administrators of the Clark County school district for their hospitality to the members who visited Clark County to survey problems of the schools therein.
Whereas, Members of the legislature of the State of Nevada recently journeyed to Clark County, Nevada, to survey the problems of the schools located in the Clark County school district; and
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ê1959 Statutes of Nevada, Page 946 (FILE NUMBER 32, ACR 19)ê
Whereas, Such members enjoyed the wonderful and warm hospitality extended by the board of trustees of the Clark County school district, the Clark County board of county commissioners, the Las Vegas city council, the administrators of the Clark County school district and Mr. James Cashman, Jr.; and
Whereas, The efforts of these persons, officials and governing bodies made such trip a successful, delightful and unforgettable experience; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the sincere gratitude and appreciation of the members of the legislature of the State of Nevada be extended to James Cashman, Jr., the above-named officials and governing bodies in Clark County, Nevada, for their efforts in contributing to the success of such trip; and be it further
Resolved, That certified copies of this resolution be transmitted forthwith by the legislative counsel to James Cashman, Jr., the president of the board of trustees of the Clark County school district, the chairman of the Clark County board of county commissioners and the mayor of the city of Las Vegas.
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Assembly Concurrent Resolution No. 20–Messrs. Hunter and Young
FILE NUMBER 33
ASSEMBLY CONCURRENT RESOLUTION–Expressing the gratitude of the Nevada legislature for series of bridge-luncheons given in honor of the wives of Nevada legislators.
Whereas, During sessions of the Nevada legislature, the wives of legislators necessarily lead a life of sequestration and seclusion; and
Whereas, Bridge-luncheons have long been recognized as an ideal method of establishing rapport and a sense of harmony among all in attendance; and
Whereas, Several gracious ladies of Carson City have recognized the plight of such wives and have ameliorated such plight by holding “Get-Togethers” during the session; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada expresses its gratitude to Mrs. Ed Shedd, Mrs. A. E. Bernard, Mrs. George Gottschalk, Mrs. Robert Tolson, Mrs. Charles Oliver and Mrs. Richard Petty, all of Carson City, Nevada, for the “Get-Togethers” held in honor of the legislators’ wives; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to each of the aforementioned ladies.
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ê1959 Statutes of Nevada, Page 947ê
Senate Joint Resolution No. 9–Senator Lamb
FILE NUMBER 34
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to amend the Social Security Act to provide assistance for adults living in public nonmedical institutions.
Whereas, The Social Security Act provides that federal funds shall not be used to make old-age assistance payments to persons who are inmates of public institutions; and
Whereas, This provision of the federal law unfairly places on the counties the full financial burden of providing care for aged persons in public domiciliary facilities; and
Whereas, Federal funds are available for old-age assistance payments to persons in private institutions; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to amend the Social Security Act to remove the restriction on federal financial participation in old-age assistance payments to persons living in public nonmedical institutions; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Secretary of the Department of Health, Education, and Welfare, the American Public Welfare Association and each member of Nevada’s Congressional delegation.
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Assembly Concurrent Resolution No. 22–Mr. Waters
FILE NUMBER 35
ASSEMBLY CONCURRENT RESOLUTION–Directing the state planning board to discontinue plans for demolition of state capitol.
Whereas, The state capitol in Carson City is of substantial cultural and historic value to the citizens of Carson City and the State of Nevada; and
Whereas, This historic building is a symbol of our glorious past and a constant reminder of the great men who served this state and nation; and
Whereas, The master plan of the state planning board provides for the demolition of the present state capitol and the construction of a modern replacement of the site; and
Whereas, It is better to preserve and repair than destroy that which has meant so much to the history of this great state; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the state planning board is hereby directed to discontinue any plans, designs or work looking toward the demolition of the state capitol until such time as authorized by a like resolution.
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ê1959 Statutes of Nevada, Page 948ê
Assembly Concurrent Resolution No. 23–Messrs. McKissick and Evans
FILE NUMBER 36
ASSEMBLY CONCURRENT RESOLUTION–Expressing appreciation of the Nevada legislature for services rendered by Robbins E. Cahill as executive secretary of the Nevada tax commission and chairman of the state gaming control board.
Whereas, The retirement of Robbins E. Cahill as chairman of the state gaming control board has recently been announced; and
Whereas, Mr. Cahill has had a long and distinguished career of service to the State of Nevada, including service as an Assemblyman from Washoe County during the 1939 session of the legislature, as an insurance examiner in the state controller’s office from 1940 to 1945, as executive secretary of the Nevada tax commission since January, 1945, and chairman of the state gaming control board since its inception in 1955; and
Whereas, Ever since the entry of state government into the field of licensing and control of gambling in 1945, Mr. Cahill has been the chief administrative officer of the agencies charged with the responsibility of supervising the gambling industry in the best interests of the people of the State of Nevada; and
Whereas, The orderly growth of the gambling industry to its present position of extreme importance to the economy of our state, and perhaps the very existence of that industry today, is a monument to the integrity, wisdom, courage and devotion to duty displayed by Robbins E. Cahill over the past 14 years; and
Whereas, In addition to his work in the field of gambling, Mr. Cahill has borne ultimate responsibility for the day-to-day administration of the laws relating to the sales tax, liquor and cigarette taxes, motor vehicle fuel taxes, net proceeds of mines tax and supervision of ad valorem tax assessments and local financial administration, all of which are of growing importance in our expanding economy; and
Whereas, The people of the State of Nevada are indeed fortunate that Mr. Cahill has consented to continue in his position as executive secretary of the Nevada tax commission; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 49th session of the legislature of the State of Nevada express their sincere appreciation to Robbins E. Cahill for the many years of devoted public service he has rendered to the State of Nevada, and further express the hope that this state will continue to have the benefit of the services of this outstanding public servant for many years to come; and be it further
Resolved, That the written form of this resolution be spread upon the pages of the journals of the assembly and senate, and that a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Robbins E. Cahill.
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ê1959 Statutes of Nevada, Page 949ê
Assembly Concurrent Resolution No. 24–Committee on State Institutions
FILE NUMBER 37
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission, the state planning board and the hospital advisory board of the Nevada state hospital to determine the most beneficial use of certain lands belonging to the Nevada state hospital.
Whereas, The Nevada state hospital owns approximately 18 acres of land in the NW 1/4 of section 7, T. 19 N., R. 20 E., and lying northwest of Kietzke Lane and southeast of the Southern Pacific Railroad right-of-way, which land is presently used by the hospital for agricultural purposes; and
Whereas, Such land is located at a considerable distance from the main grounds of the Nevada state hospital; and
Whereas, The possibility exists that such lands may be devoted to a more beneficial use than agricultural; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission, the state planning board and the hospital advisory board of the Nevada state hospital be, and they hereby are, authorized and instructed to make a complete study and investigation to determine the most beneficial use to which the above-described lands may be devoted in the best interests of the State of Nevada.
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Assembly Concurrent Resolution No. 25–Committee on Legislative Functions
FILE NUMBER 38
ASSEMBLY CONCURRENT RESOLUTION–Expressing the appreciation of the Nevada legislature for the courtesies extended to its members by the city of Carson City and its officers.
Whereas, The city of Carson City and its board of trustees have generously afforded to the members of the legislature of the State of Nevada at this 49th session free parking privileges in and on the public streets of the city; and
Whereas, The generosity has produced a sentiment of appreciation on the part of the members of the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada expresses its sincere appreciation to the city of Carson City and its board of trustees for the many kindnesses and courtesies extended; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the board of trustees of Carson City.
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ê1959 Statutes of Nevada, Page 950ê
Senate Concurrent Resolution No. 7–Committee on Banks, Banking and Corporations
FILE NUMBER 39
SENATE CONCURRENT RESOLUTION–Memorializing the legislative counsel bureau to study the field of state liability and sovereign immunity, and problems surrounding bonding and public liability insurance for public officials.
Whereas, Questions have arisen concerning the liability of the State of Nevada for damages at the suit of any citizen, and for the defaults and negligence of its officers, agents and employees; and
Whereas, There is a serious question of the adequacy of the bond trust fund to protect the state in the event of major defalcations by any state officers, agents or employees; and
Whereas, The complex question of sovereign immunity from suits for damages has never been completely answered in this state; and
Whereas, There is an urgent need for the answers to the many problems facing the state in the field of the state’s liability for damages for any such defalcations or negligence, and, in this connection, whether the personal bond of state officers should be vulnerable to a suit by a citizen for defalcation, negligence or malfeasance, or whether a policy of liability insurance should protect the state from the defalcation, negligence or malfeasance of its officers, agents and employees; and
Whereas, There is a doubt as to the sufficiency of the bond trust fund to adequately protect the state in view of the number and amounts of the outstanding bonds; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative counsel bureau is hereby memorialized to study the entire field of state liability and sovereign immunity, together with problems surrounding bonding and public liability insurance as methods of protecting political subdivisions and citizens from the defaults, negligence or malfeasance of public officials, agents and employees; and be it further
Resolved, That a report relative thereto be presented to the 1960 session of the legislature of the State of Nevada for study and consideration.
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Senate Concurrent Resolution No. 12–Committee on Legislative Functions
FILE NUMBER 40
SENATE CONCURRENT RESOLUTION–Expressing gratitude to the state superintendent of printing and his staff for their work during the 49th session of the Nevada legislature.
Whereas, The 49th session of the legislature has been marked by the introduction of a record number of bills and resolutions; and
Whereas, The staff of the state printing office and the superintendent have labored long and diligently in keeping up with the work of the legislature and have performed their arduous task courteously and efficiently; and
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ê1959 Statutes of Nevada, Page 951 (FILE NUMBER 40, SCR 12)ê
Whereas, It is the desire of the 49th session of the legislature of the State of Nevada to express its gratitude to the state superintendent of printing and the entire staff of the state printing office; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 49th session of the legislature of the State of Nevada does hereby express its gratitude to and commends all members of the staff of the state printing office and the superintendent of that office for their careful and efficient work and courteous cooperation in assisting the proceedings of this legislature.
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Senate Concurrent Resolution No. 13–Committee on Legislative Functions
FILE NUMBER 41
SENATE CONCURRENT RESOLUTION–Providing for the compensation of certain persons for services rendered to the 49th session of the Nevada legislature.
Whereas, During the present session of the legislature the clergy of the city of Carson City, representing various denominations, have rendered daily religious services to the legislature; and
Whereas, A reasonable compensation for such services is the sum of $800; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state controller be authorized and directed to pay the sum of $800 out of the legislative fund heretofore created to the following-named individuals and in the respective amounts designated, as compensation for religious services rendered during the 49th session of the Nevada legislature: Msgr. H. J. M. Wientjes, the sum of $200; Rev. Fred A. Rinehart, the sum of $200; Rev. Gerald Case, the sum of $200; and Rev. A. S. Kean, the sum of $200.
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Assembly Joint Resolution No. 18–Mr. Bay
FILE NUMBER 42
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to adopt the “Youth Conservation Act of 1959” and expressing the appreciation of the legislature of the State of Nevada to Senator Hubert H. Humphrey and Congressman John A. Blatnik for sponsoring such act.
Whereas, The anticipated needs for food and fiber and forest products at the end of the next decade will not be met by the predicted productivity of our farms and woodlands; and
Whereas, Would-be campers often find only dim echoes of the refreshing outdoor experiences that were taken for granted 50 years ago; and
Whereas, The construction and other works completed by the Civilian Conservation Corps, established in 1933, such as building several million check dams against soil erosion, planting 3 billion trees, building 150,000 miles of trails and fire lanes, stringing 85,000 miles of new telephone lines, and erecting 4,000 fire towers, 45,000 bridges and thousands of buildings, are valued at $1,500,000,000 and were completed at a cost to the United States of approximately $3,000,000; and
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ê1959 Statutes of Nevada, Page 952 (FILE NUMBER 42, AJR 18)ê
million check dams against soil erosion, planting 3 billion trees, building 150,000 miles of trails and fire lanes, stringing 85,000 miles of new telephone lines, and erecting 4,000 fire towers, 45,000 bridges and thousands of buildings, are valued at $1,500,000,000 and were completed at a cost to the United States of approximately $3,000,000; and
Whereas, A great need exists for an organization similar to the Civilian Conservation Corps; and
Whereas, It is recognized that idle and energetic boys are often led into wasteful pastimes, error and trouble; and
Whereas, A recipe calling for the mixing, in appropriate proportions, of water, air, trees, land and boys will, if followed, result in benefits to all; and
Whereas, The “Youth Conservation Act of 1959” is a giant stride toward solving both the conservation and youth problems which face the United States; and
Whereas, Senator Hubert H. Humphrey and Congressman John A. Blatnik have unselfishly devoted their time and energy to finding a solution for such problems; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States to enact the “Youth Conservation Act of 1959”; and be it further
Resolved, That the legislature of the State of Nevada hereby expresses its sincere appreciation to Senator Hubert H. Humphrey and Congressman John A. Blatnik for their noble efforts; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the Senate, the Speaker of the House of Representatives, Senator Hubert H. Humphrey, Congressman John A. Blatnik and the members of Nevada’s Congressional delegation.
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Senate Joint Resolution No. 5–Senators Slattery, Murray and Lauritzen
FILE NUMBER 43
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to define, and to cause the Attorney General of the United States to issue an opinion defining, the rights of state legislatures and agencies in enacting statutes and promulgating rules and regulations which apply to state agencies administering federal grants-in-aid.
Whereas, There has been increasing interference by federal employees and officials with state administrative agencies which receive federal grants-in-aid; and
Whereas, Warnings and threats are often made by such federal officials and employees that federal grants-in-aid will be imperiled or denied unless state statutes and state administrative rules and procedures conform to the dictates of such federal bureaucrats; and
Whereas, The Congress of the United States has the right to direct by law the standards by which federal grants-in-aid are to be disbursed or allotted and to whom such grants shall be made; and
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ê1959 Statutes of Nevada, Page 953 (FILE NUMBER 43, SJR 5)ê
Whereas, Objections by such federal officials and employees are, in numerous instances, mere opinions of such officials and employees and not in accordance with the law; and
Whereas, Such objections often improperly interfere with and prevent the proper expression and maintenance of state legislative and administrative policy; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to declare and define with particularity the rights of state legislatures and agencies in enacting statutes and promulgating administrative rules which apply to state agencies administering federal grants-in-aid; and be it further
Resolved, That the Congress of the United States is hereby memorialized to direct the appropriate federal official to obtain an authoritative opinion from the Attorney General of the United States defining with particularity the rights of state legislatures and agencies in enacting statutes and promulgating administrative rules which apply to state agencies administering federal grants-in-aid; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, Speaker of the House of Representatives and each member of Nevada’s Congressional delegation.
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Senate Joint Resolution No. 11–Senators Whitacre and Brown
FILE NUMBER 44
SENATE JOINT RESOLUTION–Memorializing the 86th session of the Congress of the United States to appropriate moneys for the interstate highway system for the fiscal years 1961 and 1962.
Whereas, If the 86th session of the Congress of the United States does not appropriate moneys now for the interstate highway system, there is a possibility that the interstate highway program may be set back 2 years and $4,200,000,000; and
Whereas, Such a setback would have a tremendously adverse effect on the highway system of the State of Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada respectfully memorializes the Congress of the United States to appropriate, as soon as possible, moneys for the interstate highway system for the fiscal years 1961 and 1962; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, the Speaker of the House of Representatives and to each member of Nevada’s Congressional delegation.
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ê1959 Statutes of Nevada, Page 954ê
Assembly Joint Resolution No. 20–Messrs. Buckingham, Pasquale, Bailey, Evans and Swackhamer
FILE NUMBER 45
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to appropriate funds to complete the unoiled portion of Route 8A of the state highway system from a point beginning 10 miles west of Denio, Nevada, west to the California state line.
Whereas, A Nevada road map shows the only unoiled portion of Route 8A of the state highway system as being in the northwest end of the state; and
Whereas, This unoiled section of Route 8A now extends from a point beginning at the end of F. A. S., Route S 616, 10 miles west of Denio, Nevada, west through the counties of Humboldt and Washoe to the California state line; and
Whereas, This road runs through the Federal Charles Sheldon Antelope Range, a game preserve, and public lands almost its entire length; and
Whereas, Neither Humboldt County or Washoe County would receive sufficient funds from the federal aid secondary system apportionments to the State of Nevada with which to complete this unoiled portion of Route 8A and take care of existing secondary highway programs within their counties for many years to come; and
Whereas, In view of this shortage of funds for secondary highway use, the counties of Washoe and Humboldt have made application to the department of highways of the State of Nevada for $1,250,000 in public lands highway funds for the completion of Route 8A within their respective counties; and
Whereas, The connecting highway extending through Cedar Pass in California, which has never been closed even during the time Donner Pass was closed for 28 consecutive days in 1952, would be of great need for civil defense and the evacuating of the people of California in the case of enemy attack; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to appropriate sufficient funds to pay the cost of completing the unoiled portion of Route 8A of the state highway system of the State of Nevada from a point beginning at the end of F. A. S., Route S 616, 10 miles west of Denio, Nevada, west through the counties of Humboldt and Washoe to the California state line; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States, Speaker of the House of Representatives and to each member of Nevada’s Congressional delegation.
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ê1959 Statutes of Nevada, Page 955ê
Assembly Joint Resolution No. 21–Mineral County Delegation
FILE NUMBER 46
ASSEMBLY JOINT RESOLUTION–Expressing the appreciation of the Nevada legislature for the release of certain lands formerly used by the United States Naval Ammunition Depot, Hawthorne, Nevada.
Whereas, A total of 57,600 acres of Nevada land formerly reserved for use by the United States Naval Ammunition Depot, Hawthorne, Nevada, has been released to the Bureau of Land Management, Department of the Interior, for return to the public domain; and
Whereas, The acreage released equals approximately 90 square miles and represents about 30 percent of the land formerly held by the Navy in the Hawthorne area; and
Whereas, The release of such land will be of substantial benefit to the State of Nevada and Mineral County in particular; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada expresses its sincere appreciation to the Navy Department and the United States Naval Ammunition Depot, Hawthorne, Nevada, for the release of such land; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the Commandant, Twelfth Naval District, San Francisco, California, and to Captain Richard M. Farrell, U. S. N., Commanding Officer, United States Naval Ammunition Depot, Hawthorne, Nevada.
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