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κ1867 Statutes of Nevada, Page 135κ

 

RESOLUTIONS AND MEMORIALS

 

PASSED AT THE

 

THIRD SESSION OF THE LEGISLATURE, 1867.

 

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ASSEMBLY RESOLUTIONS AND MEMORIALS.

 

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NUMBER 1

No. I.–Concurrent Resolution.

 

[Passed January 12, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That five hundred copies of the Rules and Joint Rules of both Houses be ordered printed for the use of the Senate and Assembly.

 

 

 

 

Relative to printing Rules and Joint Rules.

 

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NUMBER 2

No. II.–Assembly Joint Resolution relative to Daily Mail from Virginia City, Nevada, to Boise City, Idaho.

 

[Passed January 16, 1867.]

 

Whereas, The rapid increase of the population of the eastern part of the State of Nevada, and of the Territory of Idaho, at present require, and the close business relations and isolated position of the communities demand, a more frequent and certain mail communication between than is at present furnished; and, whereas, it is confidently expected that railroad communication will extend from the Pacific cities to the middle, if not the eastern portion of the State of Nevada within two years, and then, as now, the business necessities of the people resident of the State and Territory named, require a daily mail to and from the principal towns and cities within said State and Territory; therefore,

 

 

 

 

 

Relative to a daily mail from Virginia, Nev., to Boise City, Idaho.

 


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κ1867 Statutes of Nevada, Page 136 (NUMBER 2)κ

 

 

      Resolved, by the Legislature of the State of Nevada, That our Senators in Congress be instructed, and our Representative requested, to secure a daily mail from Virginia, Nevada, via Oreana, Unionville, Star City, and Dun Glen in Humboldt County, Nevada, to Boise City in the Territory of Idaho.

      Resolved, That the Governor be, and is hereby requested, to forward a copy of the foregoing preamble and resolution to each of our Senators and Representative in Congress.

 

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NUMBER 3

 

 

 

 

Editors of Appeal and Union, admitted to seats inside bar.

No. III.–Concurrent Resolution.

 

[Passed January 17, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That while the vote is being taken in joint convention for United States Senator, the editors of the Carson Daily Appeal and Virginia Daily Union be admitted to seats inside the bar.

 

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NUMBER 4

 

 

 

 

 

 

Preamble in relation to article 14, a proposed mendment to Constitution of the United States.

No. IV.–Assembly Joint Resolution.

 

[Passed January 22, 1867.]

 

Whereas, The Congress of the United States has adopted by a two-thirds vote the subjoined:

      “Be it resolved, by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of both Houses concurring) that the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, namely:

 

“ARTICLE FOURTEENTH.

      “Section 1.  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

      “Sec. 2.  Representatives shall be apportioned among the several States according to the respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of each [such] State, being twenty-one years of age, and being citizens of the United States,

 


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κ1867 Statutes of Nevada, Page 137 (NUMBER 4)κ

 

United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

      “Sec. 3.  No person shall be a Senator or Representative in Congress, or Elector of President or Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.

      “Sec. 4.  The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions, and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, or claims shall be held illegal and void.

      “Sec. 5.  Congress shall have power to enforce, by appropriate legislation, the provisions of this Article.”

 

      Now, therefore, be it

      Resolved, conjointly, by the Senate and Assembly of the State of Nevada, That the Legislature of the State of Nevada does hereby ratify and confirm the amendment to the Constitution of the United States of America, as proposed to be made by Article Fourteen, sections one, two, three, four, and five of Constitutional amendments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ratifying article 14, Constitutional amendment

 

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NUMBER 5

No. V.–Concurrent Resolution.

 

[Passed January 24, 1867.]

 

Whereas, The growing importance and increasing population, as well as the rich and extensive mineral developments that have been recently made in the vicinity of the town of Pine Grove, Esmeralda County, together with the great agricultural resources surrounding the same, imperatively demand and require the establishment of a Post Office at the said town of Pine Grove, and the extension of mail facilities thereto, from Dayton, in Lyon County, via Hot Springs to Pine Grove, in Esmeralda County; therefore, be it

 

      Resolved, by the Assembly, the Senate concurring, That our Senators in Congress be instructed, and our Representative is requested, to use all honorable means within their power, with the proper Department at Washington, to secure the establishment of a Post Office at the town of Pine Grove, with a weekly mail from Dayton, in Lyon County, via Hot Springs, to Pine Grove, in Esmeralda County.

 

 

 

 

Relative to Post Office at Pine Grove, and weekly mail from Dayton to Pine Grove.

 

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κ1867 Statutes of Nevada, Page 138κ

NUMBER 6

 

 

 

 

W. K. Parkinson granted leave of absence.

No. VI.–Concurrent Resolution granting leave of absence to W. K. Parkinson.

 

[Passed January 28, 1867.]

 

      Resolved, by the Senate and Assembly of the State of Nevada, That W. K. Parkinson, State Controller, is hereby granted leave of absence from the State, for the term of six months from the twentieth day of January, A.D. eighteen hundred and sixty-seven.

 

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NUMBER 7

 

 

 

 

Secretary of State required to furnish Constitutional Debates to members.

No. VII.–Concurrent Resolution.

 

[Passed January 28, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That the Secretary of State be, and he is hereby authorized and required to furnish one copy of the Constitutional Debates to each member of the present Senate and Assembly.

 

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NUMBER 8

 

 

 

 

Secretary of State required to furnish Constitutional Debates to certain Convention officers.

No. VIII.–Concurrent Resolution.

 

[Passed January 30, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That the Secretary of State be, and he is hereby instructed to deliver to W. M. Gillespie, the Secretary of both Constitutional Conventions, one copy of the official report of the Debates and Proceedings of the Second State Constitutional Convention; and to A. Whitford, the Assistant Secretary of the Second Constitutional Convention, one copy; and to the Sergeant-at-Arms and Assistant Sergeant-at-Arms, each one copy of the same-no provision having heretofore been made to furnish said persons with said copies.

 

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NUMBER 9

 

 

 

 

Relative to Constitutional Debates.

No. IX.–Concurrent Resolution.

 

[Passed February 14, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That the Secretary of State be, and is hereby authorized and required to present all newspapers, scientific and literary associations and public libraries in the State of Nevada, one copy each of the Nevada Constitutional Debates.

 

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κ1867 Statutes of Nevada, Page 139κ

NUMBER 10

No. X.–Concurrent Resolution.

 

[Passed February 20, 1867.]

 

Whereas, The great increase of population and extensive development of mineral and agricultural resources imperatively demand mail facilities for Pine Grove, Mason’s Valley, Walker River, Big Bend of Carson River, and the Lower Crossing of the Truckee River; therefore, be it

 

      Resolved, by the Assembly, the Senate concurring, That our Senators be and are hereby instructed, and our Representative in Congress requested, to secure the establishment of a weekly mail from Aurora, Esmeralda County, via Pine Grove, Mason’s Ranch and Fort Churchill, at the Lower Crossing of the Truckee River, in Washoe County.

      Resolved, That his Excellency, the Governor, be requested to forward a copy of the foregoing resolution to each of our Representatives in Congress.

 

 

 

 

Relative to weekly mail from Aurora to Lower Crossing, Truckee River.

 

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NUMBER 11

No. XI.–Concurrent Resolution.

 

[Passed February 27, 1867.]

 

Whereas, The rapid increase of population and business in the southeastern portion of our State, embracing the recently discovered mining districts of Philadelphia, Northumberland, Danville, Hot Creek, Pahranagat, and others contiguous thereto, render an increase of mail facilities thereto of the utmost importance to the business public of that section; therefore, be it

 

      Resolved, by the Assembly, the Senate concurring, That our Senators be instructed, and our Representative in Congress be requested, to use all honorable and proper means to procure, at as early a day as practicable, a tri-weekly mail, from some point on the Overland Stage Route, at or near what is known as the White Rock House, in Churchill County, via Ellsworth, Cloverdale, Indian Springs, Belmont, and Hot Creek, to Pahranagat, Nye County, in this State.

      Resolved, That the Governor be requested to forward a copy hereof to each of our United States Senators and Representative in Congress.

 

 

 

 

Relative to tri-weekly mail from overland stage route to Pahranagat.

 

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NUMBER 12

No. XII.–Concurrent Resolution.

 

[Passed February 28, 1867.]

 

Whereas, The Legislature of the State of California did during the session of eighteen hundred and sixty-six, pass a law entitled “An Act granting to the Board of Supervisors of Alpine County the right to charge and collect toll for the floating and transportation of wood, saw logs and lumber down the main Carson River in said County;”

 

 


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κ1867 Statutes of Nevada, Page 140 (NUMBER 12)κ

 

Relative to tax imposed by the State of California for floating timber, etc. down the main Carson River.

to charge and collect toll for the floating and transportation of wood, saw logs and lumber down the main Carson River in said County;” and, whereas, the Hon. Mr. Higby, of California, has introduced a Bill in Congress entitled “An Act to legalize the county tax under the title of allowing the cutting of timber in the County of Alpine, California;” and, whereas, under the provisions of the above mentioned Act of the California Legislature, a tax has been imposed of one dollar on each one thousand feet of timber or saw logs, and on one cord of wood floated down the said Carson River; and, whereas, said Bill in Congress, if passed, will confirm and legalize the tax imposed by the Act of the California Legislature; and, whereas, timbers and wood is [are] in large quantities actually necessary in this State, to secure the development of the mines and the reduction of ores; and, whereas, certain parties have been to a considerable expense in making that portion of the Carson River running through this State, navigable for such timber and wood, in order that the same might be furnished the mines and mills, at reduced costs; therefore

 

      Resolved, by the Assembly, the Senate concurring, That we regard the aforementioned tax as exceedingly onerous and unjust, and calculated to retard the development of the mineral resources of this State.

      Resolved, That our Senators and Representative in Congress be, and they are hereby instructed to use their most persistent efforts to secure the defeat of the aforesaid mentioned Bill now pending before Congress.

      Resolved, That the Secretary of State be, and he is hereby instructed to transmit an authenticated copy of the foregoing to each of our Senators and Representative in Congress.

 

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NUMBER 13

 

 

 

 

First instead of fourteen inserted.

No. XIII.–Concurrent Resolution.

 

[Passed March 2, 1867.]

 

      Resolved, by the Assembly, the Senate concurring, That the Chairman of the Enrolling Committee of the House be, and he is hereby authorized to strike out the figures “Fourteen” and insert in lieu thereof the figure “First” in Assembly Bill. No. Twenty, “An Act to amend an Act in relation to the distribution of the Reports of the Supreme Court of the State of Nevada,” approved March first, one thousand eight hundred and sixty-six, being a clerical error in the title.”

 

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κ1867 Statutes of Nevada, Page 141κ

NUMBER 14

No. XIV.–Memorial to Congress, relative to Claims of Wm. H. Brumfield and others, incident to the depredations committed by Indians during the year a.d. eighteen hundred and sixty.

 

[Passed March 4, 1867.]

 

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

 

      Your memorialists, the Legislature of the State of Nevada, respectfully represent, that during the winter and spring of eighteen hundred and sixty, the Indians inhabiting what was at that time the western portion of “Utah Territory,” now organized as “State of Nevada,” became hostile towards the white settlers, and it was found necessary to call for, and accept the services of a considerable number of volunteers from California; that this occurred at a time when the transportation of forage and provisions over the snows of the “Sierra Nevadas” was almost impossible. Supplies for the necessities of volunteers and others became exceeding scarce, and rose to extraordinary prices. Persons who had transported provisions at a great toil and expense, at the special request of all the officers engaged in the expeditions against the Indians, and who had thus generously ministered to the wants of the troops, including those who met with very serious losses from Indian depredations, have never received any recompense for such supplies or losses, though they were accredited at the time, or soon after, by certificates from the officers of the various commands, both regular and volunteer, or other evidences of loss and indebtedness, the most regular and authentic that could be made under the circumstances existing at the time. We know of no legal means of liquidating this evidently just indebtedness by our State Government; and we must earnestly petition your honorable body to make such provisions in the matter as in your wise and good judgment will equitably adjust the same.

 

 

 

 

 

 

 

 

 

Relative to recompense for supplies furnished troops, in Indian War of 1860.

 

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NUMBER 15

No. XV.–Joint Resolution.

 

[Passed March 5, 1867.]

 

      Resolved, by the Senate and Assembly of the State of Nevada, That W. K. Parkinson, State Controller, is hereby granted leave of absence from the State for the term of six months; and that the concurrent resolution granting leave of absence to W. K. Parkinson, State Controller, passed January twenty-eight, one thousand eight hundred and sixty-seven, is hereby rescinded.

 

 

 

 

Leave of absence granted.

 

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κ1867 Statutes of Nevada, Page 142κ

NUMBER 16

 

 

 

 

Relative to U.S. timber reserve on the Truckee River.

No. XVI.–Concurrent Resolution.

 

[Passed March 6, 1867.]

 

Whereas, In the year eighteen hundred and sixty-three, the Secretary of the Interior did, in behalf of the United States Government Reserve, and set apart for the use and benefit of the Indians of this State, twenty-two thousand acres of land known as the United States Timber Reserve, situate on the Truckee River near the base of the Sierras, and adjacent to the Crystal Peak, in Washoe County; and, whereas, said tract of land has not been, and is not now used as such Timber Reserve, and because of location and character can never be of any value to said Indians; and, whereas, but a small portion of the public lands of this State, subject to location as school lands, are of any marketable value; therefore, be it

 

      Resolved, by the Assembly, the Senate concurring, That our Representative in Congress be requested, and our Senators instructed, to use, all honorable means to secure the passage of an Act of Congress, permitting the State of Nevada to select and locate said land as a portion of the five hundred thousand acres granted by Act of Congress, September fourth, one thousand eight hundred and forty-one, said grant being by Act of Congress, July fourth, one thousand eight hundred and sixty-six, devoted to educational purposes.

 

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κ1867 Statutes of Nevada, Page 143 (NUMBER 16)κ

 

SENATE RESOLUTIONS AND MEMORIALS.

 

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NUMBER 1

No. I.–Senate Concurrent Resolution.

 

[Passed January 7, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the Legislature meet in joint convention, in the Assembly Chamber, at 2 o’clock p.m., to-morrow, to enable the Governor and Lieutenant-Governor to take the oath of office, and to observe the ceremonies usual at the inaugural of the Governor; and that a Committee of three be appointed on behalf of the Senate, to act with a like Committee on behalf of the Assembly, to make all suitable arrangements in carrying out the objects of this resolution.

 

 

 

 

Joint convention to enable the Governor and Lieutenant Governor to take oath of office.

 

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NUMBER 2

No. II.–Senate Concurrent Resolution.

 

[Passed January 11, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That one thousand copies of the Governor’s First Biennial Message be ordered printed, for the use of the Legislature.

 

 

 

 

Relative to printing Governor’s message.

 

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NUMBER 3

No. III.–Senate Concurrent Resolution.

 

[Passed January 14, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That 500 copies of the Report of the Superintendent of Public Instruction be printed.

 

 

 

 

Printing Report of Sup. Public Instruction.

 

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NUMBER 4

No. IV.–Senate Concurrent Resolution.

 

[Passed January 14, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That J. Neely Johnson, the Commissioner appointed to prepare and report a Civil Practice Act,

 

 


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κ1867 Statutes of Nevada, Page 144 (NUMBER 4)κ

 

Commissioner of Civil Practice Act requested to withhold Report, etc.

Practice Act, be requested to withhold his report two weeks from this date, for the purpose of enabling him to examine and consider all proposed amendments now or within that time introduced “to the Practice Act,” and that the Committees on Judiciary in both Houses confer with the Commissioner in reference to the same.

 

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NUMBER 5

 

 

 

 

Printing Report of State Mineralogist.

No. V.–Senate Concurrent Resolution.

 

[Passed January 15, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That two thousand copies of the Report of the State Mineralogist be printed, for the use of both branches of the Legislature.

 

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NUMBER 6

 

 

 

 

Printing Report of Warden of State Prison.

No. VI.–Senate Concurrent Resolution.

 

[Passed January 15, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That 750 copies of the Report of the Warden of the Nevada State Prison be printed, for the use of both branches of the Legislature.

 

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NUMBER 7

 

 

 

 

Relative to admitting persons within the bar during Joint Convention.

No. VII.–Senate Concurrent Resolution.

 

[Passed January 16, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That during the sessions of the Joint Convention, to be held for the purpose of electing United States Senator, no person whatever, other than the members of the Convention and officers and attaches of the Senate and Assembly, shall be admitted within the bar.

 

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NUMBER 8

 

No. VIII.–Senate Concurrent Resolution.

 

[Passed January 16, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That when the vote for United States Senator is taken in Joint Convention, the Secretary of Senate shall read the Roll at length,

 


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κ1867 Statutes of Nevada, Page 145 (NUMBER 8)κ

 

tary of Senate shall read the Roll at length, announcing the name of the person for whom each Senator shall have voted; and the Clerk of the Assembly shall, in like manner, call the Roll and votes of the Members of the Assembly: this to be done before the Rolls are handed to the President of the Convention.

Relative to roll call in Joint Convention for election of U.S. Senator.

 

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NUMBER 9

No. IX.–Joint Resolution in relation to the boundaries of the State of Nevada, and the acceptance of additional territory, ceded by the United States to this State.

 

[Passed January 18, 1867.]

 

Whereas, by Act of the Congress of the United States, entitled “An Act concerning the boundaries of the State of Nevada,” approved May fifth, a.d. 1866, certain territory belonging to the United States, bounded and described as follows, to wit: commencing on the thirty-seventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington; and running thence south on said degree of longitude to the middle of the River Colorado of the West; thence down the middle of the said river to the eastern boundary of the State of California; thence northwesterly along said boundary of California to the thirty-seventh degree of north latitude; and thence east along said degree of latitude to the point of beginning, was added to and made part of the State of Nevada; and

      Whereas, by the provisions of the second section of said Act of [?] the Legislature of the State of Nevada is required to consent to the cession of said territory to said State before the same becomes a part of and within the jurisdiction of this State; therefore

 

      Resolved, by the Legislature of the State of Nevada, that the territory bounded and described in the second section of the aforesaid Act of the Congress of the United States is hereby accepted, made part of, and declared to be within the jurisdiction of the State of Nevada, subject to and under all the provisions and conditions contained within the second section of said Act.

 

 

 

 

 

Accepting additional territory ceded to the State of Nevada.

 

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NUMBER 10

No. X.–Joint Resolution.

 

[Passed January 18, 1867.]

 

Whereas, by an Act of the Legislature of the State of Nevada, approved February 26th, 1866, a Board of Commissioners was created to ascertain the amount of loss and damages sustained by the inhabitants of Humboldt County, in said State, by the depredations of hostile Indians during the years eighteen hundred and sixty-four, five and six; and,

      Whereas, the said Commissioners having been duly sworn, have attended to the duties assigned them by the Act aforesaid,

 

 

 

 

Requesting payment of claims for Indian depredations in Humboldt Co., etc.

 


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κ1867 Statutes of Nevada, Page 146 (NUMBER 10)κ

 

 

attended to the duties assigned them by the Act aforesaid, and have reported to the Governor of the State of Nevada that they find that the said inhabitants of the County of Humboldt, in said State, have sustained loss and damages to the amount of one hundred and fifty-one thousand four hundred and twenty-two 50100 dollars, said amount being distributed among various persons, as appears in Schedule “B” of the report of said Commissioners; and,

      Whereas, it appears to the Legislature of the State of Nevada now in session, that the persons named in said Schedule “B” have a just and equitable claim against the Government of the United States, for the sums set against their names in said schedule, none of said claims or amounts having been paid in any manner whatever; therefore, be it

 

      Resolved, conjointly by the Senate and Assembly of the State of Nevada, That our Senators be instructed, and our Representative requested to use all honorable means to procure the payment of these claims, together with the expenses of the Commission.

      Resolved, That the Governor be requested to transmit to each of our Senators and Representative in Congress, a copy of the Act creating the Board of Commissioners above mentioned, a copy of the papers marked “A” and “B,” the same being a part of the Report of said Commissioners; also a copy of these Resolutions.

 

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NUMBER 11

 

 

 

 

 

Amendment of Joint Rule VII.

No. XI.–Senate Concurrent Resolution in relation to amending Joint Rule No. 7, of the Senate and the Assembly.

 

[Passed January 19, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That Joint Rule VII of the Senate and Assembly be amended, so as to read as follows: VII.  After examination and reports each bill shall be signed by the proper officers of each House; if first introduced in the Senate, then first by the President and Secretary of the Senate; and if first introduced in the Assembly, then first by the Speaker and Clerk of the Assembly.

 

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NUMBER 12

 

 

 

 

 

Thanks presented to Lieut.-Gov. Slingerland

No. XII.–Senate Concurrent Resolution in relation to Lieutenant Governor Slingerland.

 

[Passed January 21, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the thanks of the Senate and Assembly are hereby presented to Lieutenant Governor J. S. Slingerland, for the able and strictly impartial manner with which he presided over the late Joint Conventions.

 

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κ1867 Statutes of Nevada, Page 147κ

NUMBER 13

No. XIII.–Senate Concurrent Resolution in relation to printing State Treasurer’s Report.

 

[Passed January 21, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That 240 copies of the State Treasurer’s Report be ordered printed.

 

 

 

 

 

Printing Report of State Treasurer.

 

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NUMBER 14

No. XIV.–Senate Concurrent Resolution in relation to admitting Hon. J. Neely Johnson to a seat within the Bar of each House of the Legislature.

 

[Passed January 23, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the Hon. J. Neely Johnson, Civil Practice Act Commissioner, be admitted during the sessions of either body to a seat within the Bar.

 

 

 

 

 

Hon. J. Neely Johnson admitted to a seat within the Bar.

 

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NUMBER 15

No. XV.–Senate Concurrent Resolution in relation to Adolph Sutro.

 

[Passed January 25, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the Legislature of Nevada recognize as already due, and cordially extend the thanks of the people of this State to Adolph Sutro, for the great service in originating the plan of the “Sutro Tunnel,” and urging aid and organization for undertaking work upon the same; and be it further concurrently

      Resolved, That we have entire confidence in the ability of Mr. Sutro to present to Congressmen and capitalists the claims of the enterprise referred to; knowing that he will prepare with skill, and clearly exhibit the whole statistical and politico-economical argument bearing in its favor, without overlooking or exaggerating any of its merits.

 

 

 

 

Thanks extended to A. dolphSutro.

 

 

 

Confidence in ability, etc.

 

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NUMBER 16

No. XVI.–Joint Memorial and Resolution asking Government aid in the construction of the Sutro Tunnel.

 

[Approved January 28, 1867.]

 

Whereas, The State of Nevada contains within its borders a silver vein called the Comstock Lode; and,

 

 


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κ1867 Statutes of Nevada, Page 148 (NUMBER 16)κ

 

Asking Government aid in the construction of the Sutro Tunnel.

      Whereas, A deep drainage and exploring tunnel leading into said lode is necessary to its permanent yield of the precious metals; and,

      Whereas, The character of said lode is now demonstrated to be such as to give ample security to the capital necessary to be advanced for its construction; and,

      Whereas, The following facts in connection with the foregoing, are of weighty consideration: That the mines of said lode have been worked for seven years last past, and during this time have produced $64,000,000; that the present annual yield is $16,000,000-an amount equal to the total annual production of the Republic of Mexico; that the expenses of working these mines so rapidly increase with the increased depth, that the $16,000,000 were last year realized at a cost of $15,500,000, and at the present ratio of cost to production their resources would, in a few years, be wholly absorbed and the mines practically abandoned; that the causes of increased cost are, amongst others, the accumulation of water in the mines, insufficient ventilation, and the increase of heat with depth; and that now, having reached a depth of 800 feet, these combined causes will prevent their being worked profitably on the present plan, below 1,200 feet; that the Comstock Lode is conveniently placed for deep drainage, being situated on the side of a mountain which declines into a valley, from which a horizontal adit or tunnel, four miles long, can be constructed, which will cut the mines at a depth of 2,000 feet; that this tunnel once constructed, these mines can be profitably worked to a depth of 3,000 feet, and by means of it at least a thousand millions of treasure will be secured; that the State of Nevada cannot render material aid to this indispensable work, by reason of Constitutional inhibitions; that the mining companies, while producing large amounts of bullion and distributing it among the channels of trade and commerce, under existing circumstances derive but an inconsiderable profit, and not equal, without Governmental aid, to the successful prosecution of such an undertaking; that the taxable property of the United States has been more than doubled within the last eighteen years, and this increase has mainly resulted from the vast addition to the precious metals within this time, and the further addition of one thousand millions would be an increase to that extent of the public resources, and virtually, a reduction to a considerable extent of the public debt; that the United States contain, by estimation, one million of square miles of mineral land, the chief value of which is to be found at great depths from the surface; and what is now wanting to enlist private enterprise in the aid of deep mining, and thus develop incalculable wealth, is a practicable proof, upon such a scale as the proposed tunnel would furnish, that our mines are continuous to the lowest levels at which drainage can be secured; that in all European mining countries the aid of Government is given, on broad financial considerations, to enterprises of this and like character; that the magnitude of the proposed work, and the results to flow from its completion, as favorably affecting great financial questions, justly assign to it a national consideration; therefore,

 

      Resolved, by the Senate and Assembly of the State of Nevada, conjointly, That our Senators be instructed, and our Representative requested, to use their best endeavors to obtain from Congress such material aid as will secure the speedy construction of the deep drainage and mining tunnel, known as the Sutro Tunnel.

 


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κ1867 Statutes of Nevada, Page 149 (NUMBER 16)κ

 

material aid as will secure the speedy construction of the deep drainage and mining tunnel, known as the Sutro Tunnel.

      Resolved, That the Governor be requested to transmit a copy of the foregoing Preamble and Resolution, together with the Reports of Committees, to each of our Senators and Representative in Congress.

Same.

 

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NUMBER 17

No. XVII.–Concurrent Resolution.

 

[Passed January 31, 1867.]

 

Whereas, The Congress of the United States by Resolution, approved June 14th, 1836, instructed the Secretary of the Treasury to furnish the Governor of each State in the Union, or such persons as he may appoint, for the use of the States, a full set of all the weights and measures adopted as standards; and,

            Whereas, The State of Nevada has never received the said weights and measures; therefore, be it

 

      Resolved, by the Senate, the Assembly concurring, That the Governor be, and he is hereby respectfully requested, to apply to the Secretary of the Treasury for said weights and measures, as per Resolution of Congress.

 

 

 

 

Governor requested to apply for weights and measures.

 

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NUMBER 18

No. XVIII.–Memorial and Joint Resolution.

 

[Approved February 1, 1867.]

 

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

 

      The Legislature of the State of Nevada, your Memorialists, would most respectfully represent, That the product of bullion in the State of Nevada, for the year 1866, exceeded eighteen millions of dollars; for the following year it is liable to exceed, rather than fall short of twenty-two millions. With increased facilities and cheapness of transportation, a lower rate of investment for capital to be employed in mining, and a removal of some of the burdensome exactions under which the miners are now laboring, the amount of production might be increased to an extent which would seem almost incredible to those not familiar with the vast extent of our mineral ledges. One of the burdens under which our mines are laboring, and from which it is in the power of the Government to relieve them, is a heavy per centage of loss in converting their bullion into coin and merchantable bars of refined silver. When the miner has extracted his crude bullion from the ore, he has first to pay a private assayer one (1) per cent. for melting and assaying it; then, if he disposes of it at the assay office, he must sell it for coin, at a discount of about three (3) per cent. from the Mint value.

 

 

 

 

 

 

 

Relative to increasing the size and capacity of the U.S. Branch Mint at Carson.

 


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κ1867 Statutes of Nevada, Page 150 (NUMBER 18)κ

 

Same.

value. As the Mint value is half (1/2) per cent. (the Government charge for coining) less than same weight of gold in coin, the mill man or miner really pays for converting his bullion into coin about as follows: To assayer for melting, etc., one (1) per cent.; to assayer or banker for discount, three (3) per cent.; for Government mintage, half (1/2) per cent; in all four and one-half per cent. If, instead of selling his bullion at a discount of three (3) per cent. to the assayer, or the banker who advances for the assayer, the miner ships his bullion to the Mint at San Francisco, he has to pay from one (1) to one and one-half (1 1/2) per cent. for freight and insurance to San Francisco, and at least one and one-half (1 1/2) per cent. for freight and insurance on the return coin. Adding to the interest on the coin whilst waiting for a return at the established rates charged by the bankers in this State, and he is no better off than if he sold at a discount of three (3) per cent.

      Your Memorialists would therefore humbly suggest, that if the United States Government would so increase the size and capacity of the Mint, now being erected in Carson City, as to enable that institution to part and refine all the bullion produced in the State of Nevada, coining the gold, and delivering the silver in unadulterated bars, with the weight and value marked thereon, the miners would get their bullion into an available form with a saving to them of not less than three (3) per cent., and with no loss to the Government furnishing the facilities for so doing.

      Your Memorialists would further suggest, that if the Government keep a fund at the Mint, and advance to depositors of bullion a part or the whole of the value of their bullion as soon as assayed, it would greatly relieve the mining community, and tend to develop the mineral resources of the State, and with a profit rather than a loss to the Government.

 

      Resolved, That our Senators be instructed, and our Representative in Congress requested, to bring the subject of this Memorial before their respective Houses, and take such steps as will be best calculated to procure a favorable hearing and action thereon.

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

 

________

 

NUMBER 19

 

 

 

 

 

Printing Reports of Librarian and Directors of the State Library.

No. XIX.–Senate Concurrent Resolution in relation to printing the Reports of Directors of State Library and State Librarian.

 

[Passed February 1, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That 240 copies of the Report of the Directors of the State Library, and also of the State Librarian, be ordered printed.

 

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κ1867 Statutes of Nevada, Page 151κ

NUMBER 20

No. XX.–Senate Concurrent Resolution suspending Joint Rule No. 20.

 

[Passed February 9, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That Joint Rule No. 20 be, and the same is hereby rescinded.

 

 

 

 

Rescinding Join Rule No. 20.

 

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NUMBER 21

No. XXI.–Concurrent Resolution.

 

[Passed February 7, 1867.]

 

Whereas, That portion of territory comprising the northeastern portion of the State, embracing what is known as the Humboldt Valley, contains a large body of superior agricultural land, and recent discoveries develop the fact that large districts contain valuable gold, silver, and copper mines; and,

      Whereas, Life and property are rendered insecure in that part of the State by hostile, roving bands of Indians, making it too unsafe for settlers and prospectors to improve, settle upon, and develop the agricultural and mineral wealth of that part of the State; and,

      Whereas, Security once given would draw to that part of the State a large population, and would facilitate the operations along the route of the Pacific Railroad; therefore,

 

      Resolved, by the Senate, the Assembly concurring, That the Commander of the Division of the Pacific be, and he is hereby memorialized by the Legislature of the State of Nevada, to establish a Military Post and Fort on the Humboldt River, at or near the junction of the Reese River Valley with the Humboldt River.

      Resolved, That the Governor furnish to the Commander of the Department of the Pacific a certified copy of the foregoing Preamble and Resolution.

 

 

 

 

Relative to establishing a military post and fort on the Humboldt River.

 

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NUMBER 22

No. XXII.–Senate Concurrent Resolution in relation to printing Surveyor General’s Report.

 

[Passed February 20, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That 2000 copies of the report of the Surveyor General be ordered printed.

 

 

 

 

 

Relative to printing Surveyor General’s Report.

 

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κ1867 Statutes of Nevada, Page 152κ

NUMBER 23

 

 

 

 

 

Relative to examination of books, etc., in State Departments.

No. XXIII.–Senate Concurrent Resolution in relation to appointing a Joint Committee of Examination.

 

[Passed February 21, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the Committee on State affairs of the Senate, and the Committee on State Institutions of the Assembly, be authorized and required, conjointly, to examine the books and accounts of the several State Departments, and particularly into law making appropriations of money, and whether such moneys have been expended according to law, and also whether retrenchment in any of the departments is required, and that said Committee make a joint report to their respective Houses.

 

________

 

NUMBER 24

 

 

 

 

 

 

Relative to payment of services for carrying U.S. Mail between Genoa, Aurora and Monoville.

No. XXIV.–Senate Concurrent Resolution relative to certain claims for Mail services between Genoa, Carson County, Utah Territory, and Monoville and Aurora in the County of Mono, State of California.

 

[Passed March 2, 1867.]

 

Whereas, by virtue of an arrangement made between J. D. Fry, then Acting Postal Agent for the Pacific Coast, and J. K. Trumbo, then Acting Postmaster at Genoa, Carson County, Utah Territory, and Daniel Dean, now residing in Carson City, Ormsby County, State of Nevada, the United States Mail was carried between the said town of Genoa, and the towns of Aurora and Monoville for a period of sixteen months, to wit: from the first of June, 1859, to the first of October, 1860; and

      Whereas, No compensation for such Mail service has been made to the said Daniel Dean; now therefore, be it

 

      Resolved, by the Senate, the Assembly concurring, That our Senators in Congress be instructed, and our Representative requested, to use all honorable means to secure from the General Government an equitable payment for the service so rendered.

      Resolved, That the Secretary of State is hereby instructed to transmit a copy hereof, properly attested, to each of our Senators and Representative in Congress.

 

________

 

NUMBER 25

 

 

 

 

Distribution of Reports.

No. XXV.–Senate Concurrent Resolution relating to distribution of Reports.

 

[Passed March 6, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That the Secretary of State be, and is hereby directed to distribute the reports of the Surveyor General and State Mineralogist as follows: Fifteen copies of each to each of the State officers,

 


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κ1867 Statutes of Nevada, Page 153 (NUMBER 25)κ

 

Surveyor General and State Mineralogist as follows: Fifteen copies of each to each of the State officers, and to each Senator and Assemblyman; six copies of each to each of the attaches of the Senate and Assembly; and the balance shall be equally divided between the Secretary of State, the Surveyor General and the State Mineralogist, for general distribution.

 

 

________

 

NUMBER 26

No. XXVI.–Senate Concurrent Resolution suspending Joint Rule 15.

 

[Passed March 7, 1867.]

 

      Resolved, by the Senate, the Assembly concurring, That Joint Rule No. Fifteen be and is hereby rescinded.

 

 

 

 

Rescinding Joint Rule No. 15.

 

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