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κ1891 Statutes of Nevada, Page 191κ
RESOLUTIONS AND MEMORIALS.
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No. I.Assembly Concurrent Resolution, relative to printing one thousand extra copies of the Biennial Report of the Surveyor General and State Land Register of Nevada.
[Passed February 2, 1891.]
Whereas, By an Act of the Legislature of Nevada, approved February 26, 1887, a State Immigration Bureau was created, to consist of the State Controller, the Surveyor General and Superintendent of Public Instruction; and, Whereas, By the provisions of said Act, it is made the duty of said bureau to collect all obtainable information and statistics as to the climate and resources of this State, the cost of living and generally any information which, if disseminated abroad will tend to the inducement of population and capital into this State from other States and Europe; and, Whereas, Section five of said Act provides that all printing necessary to be done for said bureau in carrying out the provisions of this Act, shall be done by the State Printer; and, Whereas, The Surveyor General has embodied in his biennial report for the years 1889 and 1890, the statistics and information contemplated in said Act; and, Whereas, The number of copies of said report now authorized to be printed, is inadequate to the necessities and demands (for) information concerning our resources and advantages being continually sought for by persons who contemplate making their home in Nevada, and which can only be supplied in a meagre and very unsatisfactory manner by letter; and, Whereas, Nearly all of the other States of the Union advertise their respective resources and advantages; therefore be it Resolved, by the Assembly, the Senate concurring, That one thousand copies of the Biennial Report of the Surveyor General and State Land Register, for the years 1889 and 1890, be printed in addition to the number now authorized by law, for the use of the State Immigration Bureau. |
Relative to printing extra copies of the biennial report of the Surveyor General. |
κ1891 Statutes of Nevada, Page 192κ
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Relating to taxing patented mines. |
No. II.Assembly Concurrent Resolution, No. IV., relative to amending Section 1 of Article X, of the Constitution of the State of Nevada.
[Passed February 4, 1891.]
Resolved by the Assembly, the Senate concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 1 of Article X. of the Constitution of the State of Nevada so as to read as follow: 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 unpatented mines and unpatented mining claims, the proceeds of which alone shall be taxed; and also excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes. |
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Relating to mail route in Nye county. |
No. III.Assembly Joint Resolution No. 8, relative to establishing a mail route between Sodaville, Esmeralda county, and Cloverdale, Nye county, in the State of Nevada.
[Passed February 4, 1891.]
To the Congress of the United States: Whereas, The people living between Sodaville, Esmeralda county, Nevada, and Belmont, Nye county, Nevada, are now deprived of mail communications, greatly to their annoyance, Resolved, That your memorialist, the Legislature of the State of Nevada, would respectfully request that a mail route be established between Sodaville, Esmeralda County, Nevada, and Cloverdale, Nye county, Nevada. The route then between Cloverdale and Belmont could be reduced to once a week without hardship, at no greater expense. Resolved, That the Governor be requested to furnish a copy of the foregoing resolution to our Senators and Representative in Congress. |
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Relative to poll tax. |
No. IV.Assembly Concurrent Resolution No. 7, relative to amending the Constitution of the State of Nevada.
[Passed February 6, 1891.]
Resolved by the Assembly, the Senate concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section (7) seven of Article (2) two of the Constitution of the State of Nevada so as to read as follows: Section seven. The Legislature shall provide by law for the payment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the State, |
κ1891 Statutes of Nevada, Page 193 (NUMBER 4)κ
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ing four dollars from each male person resident in the State, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for county purposes and one-half to be applied to the School Fund in the county where the said poll tax is collected. And the Legislature may, in its discretion, make such payment a condition to the right of voting. |
Payment may be condition to the right to vote. |
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No. V.Senate Joint Resolution No. 4.
[Passed February 11, 1891.]
Legislature of the State of Nevada.
Whereas, The United States Senate Committee on Foreign Relations has unanimously recommended Senate Bill No. 4827, in favor of the construction of the Nicaragua canal under control of the Government of the United States, with such precautions and guarantees as will secure honest, prompt and economical construction; and, Whereas, The completion of the Nicaragua canal will prove of great benefit to the Pacific States of the republic, as well as of decided commercial and political advantage to our country; therefore, be it Resolved, That the Legislature of the State of Nevada respectfully requests the Honorable Senate and House of Representatives, now in Congress assembled, to pass Senate Bill No. 4827, which we are confident will receive their approval as a measure of patriotic and commercial importance, divested of partisan influence or policy. Resolved, That copies of this joint resolution be promptly forwarded to the Honorable Secretary of State, to the President of the United States Senate, to the Speaker of the House of Representatives and to our Senators and Representative in Congress. |
Relative to construction of the Nicaragua canal. |
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No. VI.Senate Joint Memorial and Resolution, relative to an appropriation from the Government of the United States for the further survey of the public lands of the United States in the State of Nevada.
[Passed February 13, 1891.]
Whereas, The State of Nevada has been deprived of the full benefit of the grants of lands made to it by the Government of the United States, by reason of the non-survey of a large portion of the public lands in said State, which are subject to such grants; and Whereas, A large portion of the agricultural and grazing land in said State could, immediately upon its survey, be selected and sold by said State; and |
Relative to surveying public lands in Nevada. |
κ1891 Statutes of Nevada, Page 194 (NUMBER 6)κ
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Relative to surveying public lands in Nevada. |
land in said State could, immediately upon its survey, be selected and sold by said State; and Whereas, Said State of Nevada is greatly in need of the proceeds of sales of such lands for the support of its schools, and the neglect and refusal upon the part of the Government of the United States is a great injustice to the State of Nevada; now, therefore, be it Resolved by the Senate and Assembly jointly, That each of our Senators and our Representative in Congress be, and they hereby are most earnestly requested to use all means in their power to induce the Government of the United States to make a sufficient annual appropriation for the survey of said lands, so that they can be thrown open to actual settlers. Resolved That His Excellency, the Governor of said State, be requested to forward by mail a certified copy of this joint memorial and resolution to each of our Senators and to our Representative in Congress. |
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Relative to waters of the Truckee river. |
No. VII.Senate and Assembly Joint Memorial and Resolution, relative to the proper division (diversion) of the flow of the waters of Truckee river at the terminal of said stream.
[Passed February 13, 1891.]
To the Honorable the Senate and House of Representatives of the United States in Congress assembled:
Your memorialist, the Legislature of the State of Nevada, respectfully represent, that Whereas, The Truckee river has its source in Lake Tahoe and its outlet in Lake Pyramid and Lake Winnemucca, which lakes have no visible outlet, said Truckee river flowing a distance of nearly one hundred miles; and, Whereas, The waters of said rivers and lakes are stocked with native trout and other food fish, the former species predominating, the catch of which aggregates about one hundred tons per annum, thereby giving employment to many whites and Indians and supplying most of the cities and towns of Nevada, California and Utah with this delicious food; and, Whereas, The waters of Lake Pyramid and Lake Winnemucca, being so strongly impregnated with alkali that trout cannot survive any great length of time, unless replenished with fresh water; and, Whereas, Said lakes are both usually supplied with pure water from the flow of the Truckee river; and, Whereas, The entire flow of water from said river did empty into Lake Winnemucca during the Summer of 1888; and, Whereas, The U. S. Indian Agent of Nevada Agency, W, D. C. Gibson, on account of a letter received from the Honorable Commissioner of Indian Affairs at the instance of Hon. W. M. Stewart, U. S. Senator of Nevada, did permit the Indians of Pyramid Lake Reservation to place obstructions in the branch of the Truckee river leading to Lake Winnemucca, |
κ1891 Statutes of Nevada, Page 195 (NUMBER 7)κ
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Indians of Pyramid Lake Reservation to place obstructions in the branch of the Truckee river leading to Lake Winnemucca, in order to divert a portion of the flow of said river to Lake Pyramid, that the fish therein would not perish for want of fresh water, and in conformity with instructions did forward Hon, J. D. C. Atkins, Commissioner of Indian Affairs, a lengthy report during the month of August, 1888, in regard to the situation, and recommended that certain work be done to insure a proportionate flow of the waters of the Truckee river in each of the said lakes; and, Whereas, The entire flow of water from the Truckee river has, for the last eight months, emptied into Lake Pyramid, the change being caused by obstructions placed in the branch leading to Lake Winnemucca by Indians on Pyramid Lake Reservation, from which whites are by law excluded, and it is feared by white fishermen that, unless pure water is speedily furnished Lake Winnemucca that the trout therein must perish, thereby depriving them of that means of subsistence, and to a great extent the masses of the people of the Pacific Coast of that most excellent food fish; therefore, be it Resolved by the Senate, the Assembly concurring, That for the preservation of our fisheries and a just regard for our fishermen, we earnestly request our Senators and Representative in Congress to use their utmost endeavor to the end that there may be such permanent works established immediately as will insure a proper flow of the waters of the Truckee into each of the lakes, Pyramid and Winnemucca; and, be it further Resolved, That His Excellency, the Governor, be and is hereby requested to forward copies of this memorial and resolution to each of our Senators, and to our Representative in Congress, at his very earliest convenience. |
Relative to waters of the Truckee river. |
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No. VIII.Assembly Concurrent Resolution and Memorial to Congress, relative to immigration and naturalization laws.
[Passed February 27, 1891.]
Whereas, The structure of our great and popular Government rests, and must necessarily continue to rest, upon the intelligence, patriotism and virtue of its citizens; and Whereas, The landing upon our shores, annually, of nearly half a million of people, largely unintelligent, unskilled and unfitted for self-support and the duties of self -government, not only seriously disturbs the status of labor and tends to lower the rate of wages, but, worse still, under our present naturalization laws, adds every year to the body of American citizens large numbers of ignorant, degraded, criminal and mercenary voters, who become a corrupt and corrupting factor in the body politic; therefore be it Resolved by the Assembly, the Senate concurring, That our Senators and Representative in Congress be requested to use all honorable means and efforts to secure: |
Memorial on immigration |
κ1891 Statutes of Nevada, Page 196 (NUMBER 8)κ
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Memorial on immigration |
Senators and Representative in Congress be requested to use all honorable means and efforts to secure: First-The alteration and amendment of our present immigration laws, so as to henceforth rigidly exclude from our shores all such ignorant, degrades, criminal and pauper classes, and allow only those who are of the better classes and who are in intelligent sympathy with our institutions to find a home amongst us. Second-The alteration and amendment of our naturalization laws, so that applicants for naturalization shall be required to pass a fair examination, in the English language, upon the Constitution of the United States, before being admitted to participate in the full privileges of citizenship. Be it further resolved, That his Excellency, the Governor, is requested to forward an engrossed copy hereof to each of our Senators and our Representative in Congress. |
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Memorial relating to Thomas P. Hawley. |
No. IX.Senate Memorial and Joint Resolution, relative to the appointment of a Judge for the Ninth Judicial Circuit of the United States.
[Passed February 27, 1891.]
Whereas, There is a probability that there will soon be a vacancy in the position of Judge of the Ninth Judicial Circuit of the United States by reason of the resignation of Judge Lorenzo Sawyer; and, Whereas, The high integrity, eminent ability and undoubted honesty of Hon. Thomas P. Hawley, for eighteen years a Justice of the Supreme Court of this State, and at present United Sates District Judge for the District of Nevada, mark him as a peculiarly competent man for such an exalted and responsible position; therefore be it Resolved by the Senate, and Assembly concurring, That in the event of such vacancy, the President of the United States is hereby respectfully requested to appoint the Hon. Thomas P. Hawley to the position of Judge of the Circuit Court of the United States in and for the Ninth Judicial Circuit. Resolved, That the Governor be and he is hereby requested to forward a copy of this resolution to the Hon. Benjamin Harrison, President of the United States. |
κ1891 Statutes of Nevada, Page 197κ
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No. X.Assembly Memorial and Joint Resolution relative to the abandonment of a portion of the Walker River Indian Reservation.
[Passed March 7, 1891.]
Whereas, The Walker River Indian Reservation comprises within its boundaries some valuable mineral lands, and which said mineral lands are entirely worthless to the Indians residing and being upon said reservation; and, Whereas, A large number of American citizens are desirous of entering upon said mineral lands for the purpose of prospecting and searching for valuable ores, gold, silver and other precious metals thereon; and, Whereas, That portion of said reservation on which the mineral land is located lies west of the lake, and west of the agricultural and grazing lands on said reservation. By commencing at a point on the Carson and Colorado railroad where the said railroad track crosses the boundary line between Lyon and Esmeralda counties, and running in a southerly direction at the base of the mountains to the north end of Walker Lake, thence in a southerly direction along the west margin or bank of said Walker Lake to the south end thereof, thence due south to the southern boundary of said reservation; all east of said line would reserve to the Indians all agricultural and grazing lands and water privileges, while it would exclude from said reservation the mineral lands, which are of no benefit to the Indians, and under the present state of affairs, of no use or benefit to any one; therefore, be it Resolved by the Assembly, the Senate concurring, That our Senators and Representative in Congress be, and they are hereby requested to use all possible means to have that portion of said Walker River Indian Reservation lying west of the line herein before designated declared open to the citizens of the United States for prospecting and mining purposes. Resolved, That the Governor cause to be transmitted a copy of this memorial and resolution to each of our Representatives in Congress. |
Walker river reservation. |
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No. XI.Senate Concurrent Resolution No. 49, relative to the hours of labor.
[Passed March 13, 1891.]
Whereas, The mind and cunning hand of man has so far mastered the elements of Nature that the productive power of labor is now many times greater than when the present industrial conditions adjusted themselves; and, Whereas, It is in line with the later civilization to which the world aspires that the burden of toil of the masses who produce should be made lighter; therefore be it |
Hours of Labor. |
κ1891 Statutes of Nevada, Page 198 (NUMBER 11)κ
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world aspires that the burden of toil of the masses who produce should be made lighter; therefore be it Resolved by the Senate, the Assembly concurring, That the day should be divided into three parts of eight hours each, eight hours for work, eight hours for rest and eight hours for recreation, and we further declare our belief that a general reduction of the working hours to eight hours per day will be conducive to the public weal and contribute to the industrial, commercial, intellectual, social and moral advancement of the people. |
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District tax money |
No. XII.Senate Concurrent Resolution No. 50, relative to the repayment of moneys collected from the State of Nevada, under the direct tax, levied by Act of Congress, approved August 5, 1861.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the sum of money appropriated by a statute of the United States recently enacted, providing for crediting and paying the several States and Territories all money collected under the direct tax, levied by the Act of Congress, approved August 5, 1861, be accepted, with the trusts imposed, in full satisfaction of all claims against the United States on account of the levy and collection of said tax, and the Governor of the State is hereby authorized to receive said money for the said uses and purposes. |
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Amending Constitution |
No. XIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 15 of Article VI. of the Constitution of the State of Nevada so as to read as follows: Section fifteen. The Chief Justice of the Supreme Court and the District Judges shall each receive, quarterly, for their services, a compensation to be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, unless in case a vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each years revenue a sufficient amount of money to pay such compensation; provided, that District Judges shall be paid out of the County Treasuries of the counties composing their respective districts. |
κ1891 Statutes of Nevada, Page 199κ
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No. XIV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 29 of Article IV. of the Constitution of the State of Nevada so as to read as follows: Section twenty-nine. No regular session of the Legislature under this Constitution shall exceed forty days, nor any special session convened by the Governor, exceed twenty days. |
Amending Constitution |
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No. XV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 6 of Article IV. of the Constitution of the State of Nevada so as to read as follows: Section six. Each House shall judge of the qualifications, elections, and returns of its own members, choose its own officers, determine the rules of its proceedings, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member. |
Amending Constitution |
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No. XVI.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 4 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section four. The returns of every election for Governor and other State officers voted for at the general election shall be sealed up and transmitted to the seat of government, directed to the Attorney-General as ex-officio Secretary of State, and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court and two of the District Judges, to be selected by the Chief Justice, or a majority thereof, shall meet at the office of the Attorney-General as ex-officio Secretary of State and open and canvass the election returns for Governor and all other State officers, and forth-with declare the result and publish the names of the persons elected. |
Amending Constitution |
κ1891 Statutes of Nevada, Page 200 (NUMBER 16)κ
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with declare the result and publish the names of the persons elected. The persons having the highest number of votes for the respective offices shall be declared elected; but in case any two or more have an equal, and the highest number of votes for the same office, the legislature shall, by joint vote of both houses, elect one of said persons to fill said office. |
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Amending Constitution |
No. XVII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 19 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section nineteen. An Attorney-General, who shall be ex-officio Secretary of State; a Treasurer, and a Controller, who shall be ex-officio Surveyor-General and Land Register, shall be elected at the same time and places and in the same manner as the Governor. The term of office of each shall be the same as is prescribed for the Governor. Any elector shall be eligible to either of said offices. |
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Amending Constitution |
No. XVIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 18 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section eighteen. In case of the impeachment of the Governor or his removal from office, death, inability to discharge the duties of said office, resignation or absence from the State, the powers, duties and emoluments of the office shall devolve upon the President of the Senate for the residue of the term, or until the disability shall cease; and in case of the impeachment of the President of the Senate, while acting as Governor, or his removal from office, death, inability to discharge the duties of said office, resignation or absence from the State, the powers, duties and emoluments of the office shall devolve upon the Speaker of Assembly for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, and at the head of any military force thereof, he shall continue Commander-in-Chief of the military forces of the State. |
κ1891 Statutes of Nevada, Page 201κ
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No. XIX.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 20 of Article V. of the Constitution of the State of Nevada, so as to read as follows: Section twenty. The Attorney-General, as ex-officio Secretary of State, shall keep a true record of the official acts of the Legislative and Executive Departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature. |
Amending Constitution |
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No. XX.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 21 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section twenty-one. The Governor, Attorney-General and State Treasurer shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to examine all claims against the State (except salaries or compensation of officers fixed by law), and perform such other duties as may be prescribed by law. And no claim against the State (except salaries or compensation of officers fixed by law) shall be passed upon by the Legislature without having been considered and acted upon by said Board of Examiners. |
Amending Constitution |
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No. XXI.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 22 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section twenty-two. The Attorney-General, State Treasurer, State Controller and Superintendent of Public Instruction shall perform such other duties as may be prescribed by law. |
Amending Constitution |
κ1891 Statutes of Nevada, Page 202κ
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Amending Constitution |
No. XXII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 1 of Article VII. of the Constitution of the State of Nevada so as to read as follows: Section one. The Assembly shall have the sole power of impeaching. The concurrence of a majority of all the members elected shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose the Senators shall be upon oath or affirmation to do justice according to law and evidence. The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Governor, or either the President of the Senate or Speaker of the Assembly while acting as Governor, upon impeachment. No person shall be convicted without the concurrence of two-thirds of the Senators elected. |
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Amending Constitution |
No. XXIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 3 of Article VII. of the Constitution of the State of Nevada so as to read as follows: Section three. For any reasonable cause, to be entered on the Journals of each house, which may or may not be sufficient grounds for impeachment, the Chief Justice of the Supreme Court and Judges of the District Court or Courts, shall be removed from office on the vote of two-thirds of the members elected to each branch of the Legislature, and the Justice or Judge complained of shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. |
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No. XXIV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: |
κ1891 Statutes of Nevada, Page 203 (NUMBER 24)κ
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Amend Section 3 of Article VI. of the Constitution of the State of Nevada so as to read as follows: Section three. A Chief Justice of the Supreme Court shall be elected at the general election in the year A. D. eighteen hundred and ninety-eight, and at the general election every six years thereafter, and shall hold office for the term of six years from the first Monday of January next succeeding his election. Prior to the year A. D. eighteen hundred and ninety-nine, the Senior Justice of the Supreme Court in commission shall be Chief Justice. |
Amending Constitution |
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No. XXV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 35 of Article IV. of the Constitution of the State of Nevada so as to read as follows: Section thirty-five. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which house shall cause objections to be entered upon its Journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses by yeas and nays, by a vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the Governors objections. If any bill shall not be returned within five days after it shall have been presented to him (Sunday excepted), exclusive of the day on which he received it, the same shall be a law in like manner as if he had signed it, unless the Legislature, by its final adjournment, prevent such return, in which case it shall be a law, unless the Governor, within ten days next after adjournment (Sundays excepted), shall file such bill, with his objections thereto, in the office of the Attorney-General, as ex-officio Secretary of State, who shall lay the same before the Legislature at its next session in like manner as if it had been returned by the Governor; and if the same shall receive the vote of two-thirds of the members elected to each branch of the Legislature, upon a vote taken by yeas and nays, to be entered upon the Journals of each house, it shall become a law. |
Amending Constitution |
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No. XXVI.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: |
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κ1891 Statutes of Nevada, Page 204 (NUMBER 26)κ
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Amending Constitution |
Amend Section 2 of Article VI. of the Constitution of the State of Nevada so as to read as follows: Section two. The Supreme Court shall consist of a Chief Justice and the Judges of the District Court, or courts, as hereinafter provided. The Chief Justice and one District Judge shall constitute a quorum. At each term of court two or more District Judges, selected by the Chief Justice, shall sit with him during the trial of causes, but no District Judge shall sit at the trial of a cause tried by himself in the District Court. The concurrence of a majority of the members of the court sitting in any cause shall be necessary to render a decision. The decisions of the court shall be in writing and prepared by the Chief Justice, unless he disagree with the views of the majority of the members of the court sitting in the cause, in which case the majority of such Judges shall determine by lot which of their number shall prepare the decision, and all decisions shall be signed by the Judges hearing the cause and concurrent therein. The Justices of the Supreme Court in office at the time of the ratification of this amendment by the people, shall continue in office and have the same rights and privileges, and perform the same duties as are now provided by the Constitution and laws, until the expiration of their respective terms, and when the term of office of any said Justices expires from any cause, his place shall be filled by selection by the Chief Justice as above provided. The District Judges shall not act as Justices of the Supreme Court, except as above provided, until the expiration from any cause of the respective terms of two of the Justices of the Supreme Court in office at the time of the ratification of this amendment. |
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Amending Constitution |
No. XXVII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 11 of Article VI. of the Constitution of the State of Nevada so as to read as follows: Section eleven. The Chief Justice of the Supreme Court and the District Judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected, and all elections or appointments of any such Judges by the people, Legislature or otherwise during said period to any office other than judicial, shall be void. |
κ1891 Statutes of Nevada, Page 205κ
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No. XXVIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 16, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 3 of Article IX. of the Constitution of the State of Nevada so as to read as follows: Section three. For the purpose of enabling the State to transact its business upon a cash basis, the State may contract public debts; but such debts shall never in the aggregate, exclusive of interest, exceed the sum of one million dollars, except for the purpose of defraying extraordinary expenses as hereinafter 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 semi-annually, and the principal within forty 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 debt 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. |
Amending Constitution |
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No. XXIX.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 33 of Article IV. of the Constitution of the State of Nevada so as to read as follows: Section thirty-three. The members of the Legislature shall receive for their services a compensation to be fixed by law, and paid out of the public treasury, but no increase of such compensation shall take effect during the term for which the members of either House shall have been elected; provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery, not exceeding the sum of twenty dollars for any general or special session, to each member; and, furthermore provided, that the Speaker of the Assembly and President of the Senate, shall each, during the time of their actual attendance as such presiding officers, receive an additional allowance of two dollars per diem. |
Amending Constitution |
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Amending Constitution |
No. XXX.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada by amended as follows: Amend Section 16 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section sixteen. All grants and commissions shall be in the name and by the authority of the State of Nevada, sealed with the Great Seal of the State, signed by the Governor and countersigned by the Attorney-General as ex-officio Secretary of State. |
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Amending Constitution |
No. XXXI.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Assembly, the Senate concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 12 of Article XV. of the Constitution of the State of Nevada so as to read as follows: Section twelve. The Governor, Attorney-General, State Treasurer, State Controller and Superintendent of Public Instruction shall keep their respective offices at the seat of government. |
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Amending Constitution |
No. XXXII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 14, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Article X. of the Constitution of the State of Nevada by adding Sections 2 and 3 thereto, which shall read as follows: Section two. A mortgage, deed of trust, contract or other obligation by which a debt is secured, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the property affected thereby. In case of debts so secured, the value of the property affected by such mortgage, deed of trust, contract or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, town or district in which the property affected thereby, is situate. The taxes so levied shall be a lien upon the property and security, and may be paid by either party to such security. If paid by the owner of the security, |
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security, the tax so levied upon the property affected thereby, shall become a part of the debt so secured; if the owner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and to the extent of such payment, a full discharge thereof. Section three. Every contract hereafter made, by which a debtor is obligated to pay any tax or assessment on money loaned, or on any mortgage, deed of trust or other lien, shall, as to any interest specified therein, and as to such tax or assessment, be null and void. |
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No. XXXIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 14 of Article V. of the Constitution of the State of Nevada so as to read as follows: Section fourteen. The Governor, Chief Justice of the Supreme Court, Attorney-General, State Treasurer and State Controller 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 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. |
Amending Constitution |
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No. XXXIV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 1 of Article II. of the Constitution of the State of Nevada so as to read as follows: Section one. Every male citizen 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 been such citizen for at least six months, and 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 now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, no person who has been or may be convicted of selling his vote, or purchasing the vote of another at any such election, and no person who has been or may be convicted of treason or felony in any State or Territory of the United States, |
Amending Constitution |
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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 person who, after arriving at the age of eighteen years, shall have voluntarily born arms against the United States; and no idiot or insane person shall be entitled to the privilege of an elector. |
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Amending Constitution |
No. XXXV.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 17 of Article V. of the Constitution of the State of Nevada by entirely repealing and striking out the same. This amendment shall not shorten the term nor affect the tenure of office of the present incumbent of the office of Lieutenant Governor. |
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Amending Constitution |
No. XXXVI.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Section 10 of Article VIII. of the Constitution of the State of Nevada so as to read as follows: Section ten. No county, city, town, or other municipal corporation shall become a stockholder in any joint stock company, corporation or association whatever, or loan its credit in aid of any such company, corporation or association, except railroad corporations, companies or associations; provided, that nothing herein contained shall prevent the formation of water districts in this State, and the issuance of bonds of such water districts in aid of water storage and irrigation of the arid lands of such districts; and, provided further, that no such investment shall be made nor credit loaned, nor bonds issues unless authorized by a petition of a majority of the duly qualified electors, representing more than two-thirds of the taxable property of the county or district to be affected. |
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No. XXXVII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, Thatthe Constitution of the State of Nevada be amended as follows: Amend Section 3 of Article XI. of the Constitution of the State of Nevada so as to read as follows: |
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Section three. All lands, including the sixteenth and thirty-sixth sections in every township, donated for the benefit of public schools, in the Act of the Thirty-eighth Congress to enable the people of Nevada Territory to form a State Government, the thirty thousand acres of public lands, granted by an Act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for each Senator and Representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States or this State, and also the five hundred thousand acres of land granted to the new States, under the Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. eighteen hundred and forty-one; provided, that Congress makes provision for or authorizes such diversion to be made for the purpose herein contained, all estates that may escheat to the State, all of such percentum as may be granted by Congress on the sale of lands, all fines collected under the penal laws of the State, and property given or bequeathed to the State for educational purposes, and all proceeds derived from any or all of said sources, shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, and the interest thereon shall, from time to time, be apportioned among the several counties as the Legislature may provide by law, and the Legislature shall provide for the sale of floating land warrants to cover the aforesaid lands and for the investment of all proceeds derived from any of the above mentioned sources, in United States bonds, or bonds of this State, or the bonds of other States of the Union, or the bonds of the counties or municipalities of this State, or the bonds of water districts of this State; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and, provided further, that such portions of said interest as may be necessary may be appropriated for the support of the State University. The Legislature shall never release the obligation of payment of any loan or investment authorized by this section. |
Amending Constitution |
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No. XXXVIII.Senate Concurrent Resolution relative to amending the Constitution of the State of Nevada.
[Passed March 19, 1891.]
Resolved by the Senate, the Assembly concurring, That the Constitution of the State of Nevada be amended as follows: Amend Article XVIII. (eighteen) of the Constitution of the State of Nevada, by adding thereto a section to be numbered when added, which shall read as follows: Section _. The Legislature may provide by law that he who exercises the right of registering and voting shall be required to exhibit such a knowledge of the English language, written and spoken, as to enable him to read aloud the Constitution of the United States and the Constitution of the State of Nevada. |
Amending Constitution |
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written and spoken, as to enable him to read aloud the Constitution of the United States and the Constitution of the State of Nevada. |
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Relative to establishing a military post at Hawthorne. |
No. XXXIX.Senate Concurrent Resolution and Memorial relative to the establishment of a military post at Hawthorne, Nevada, and the stationing of troops at said post.
[Passed March 19, 1891.]
Whereas, The Piute Indians occupying the Walker Lake Indian Reservation, and congregating in the immediate vicinity thereof, to the number of four hundred or more, are evincing restlessness and manifesting hostile intentions, thereby causing grave apprehensions of impending danger to the whites in the adjacent country, who are numerically far inferior to the said Indians, and who would lose many lives and their property in the event of hostilities; and, Whereas, The alarm at the present time is sufficiently serious to cause the people of the town of Hawthorne, Nevada, situated on the immediate border of said Walker Lake Indian Reservation, to employ watchmen to patrol the town in anticipation of an Indian outbreak, and to pay said watchmen by private subscription; and, Whereas, The town of Hawthorne, Nevada, the county seat of Esmeralda county, and containing about two hundred and seventy-five inhabitants, is so far distant from any towns of considerable population, the nearest of which being Candelaria, sixty miles to the south, and Virginia City and Carson City one hundred and ten miles to the north, that in the event of Indian hostilities help could not be obtained in time to be of any avail to the people of Hawthorne and the scattered white settlers in the surrounding country; and, Whereas, Should the present apprehension of hostilities in that vicinity prove to be groundless, the Indians of said Walker Lake Reservation may at any future time become aggressive and blood-thirsty and desolate the country adjacent to the said reservation; and, Whereas, The said town of Hawthorne, Nevada, besides being on the immediate border line of the said Walker Lake Indian Reservation, is so situated that it is unexcelled as a point commanding a vast tract of country containing a large Indian population in all directions, and from which troops could be more expeditiously moved to any part of said country, than from any other availablesite in said country; therefore, be it Resolved by the Senate, the Assembly concurring, That our Senators and Representative in Congress be urgently requested to make an earnest effort to secure the establishment of a United States military post at the town of Hawthorne, Nevada, and the stationing of troops at said post. Resolved, further, That his Excellency, the Governor, forward engrossed copies hereof to the Secretary of War and to each of our Senators and Representative in Congress. |
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No. XL.Senate Joint and Concurrent Resolution.
[Passed March 17, 1891.]
Whereas, The Pacific railroads, having immense grants of lands, are laying claims to large areas of the gold, silver, copper or lead-bearing mineral lands, on which are thousands of discovered mining properties, and to which they are not entitled under the Acts giving them their grants, and have been permitted to select millions of acres of these lands, to which they are now earnestly endeavoring to secure patents, and should such patents issue without further congressional action it would, under the present decisions of the courts, give to these corporations all the undiscovered mines, as well as take from their rightful owners thousands of mining properties already discovered; and, believing that congressional action alone can preserve these mineral lands and mines to the people forever; therefore be it Resolved, That our Senators and Representative in Congress use all honorable means to procure such legislation as will reserve all minerals in lands granted to railroads, and will allow entry and exploration therefor, upon said lands, whether patented or not, by all citizens of the United States and those who have declared their intention to become citizens. Resolved, That the Governor of this State be requested to forward copies of this resolution to each of our Senators and Representative. |
Relating to mines on railroad lands. |
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No. XLI.Assembly Memorial and Joint Resolution relative to unpaid claims against the United States Court House and Postoffice, located in Carson City, Nevada.
[Passed March 19, 1891.]
To the Congress of the United States:
Your memorialists, the Legislature of the State of Nevada, respectfully show: That the persons and firms herein named furnished, according to our best information and belief, material and supplies in the construction of the United States Court House and Postoffice at Carson City, Nevada; That the unpaid balances now overdue on said material and supplies are as follows: To A, H. Manning, of Reno, Nevada, four thousand five hundred dollars, for plumbing and material; to Bigelow & Little, of San Francisco, California, nine thousand dollars, for iron, brick and other material; to W. H. Chedic, of Carson City, Nevada, four thousand dollars for brick; to John Barrett, of Reno, Nevada, one thousand two hundred dollars, for stone and labor; to Muller, Schmitt & Co., of Carson City, Nevada, two hundred dollars [for] tools and supplies; to D. |
Relating to unpaid claims against the United States. |
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Relating to unpaid claims against the United States. |
for stone and labor; to Muller, Schmitt & Co., of Carson City, Nevada, two hundred dollars [for] tools and supplies; to D. A, Bender, of Carson City, Nevada, seven hundred dollars, for rock furnished for foundation of said building; to Frank Folsom, of Carson City, Nevada, thirty-nine dollars and seventy-five cents, for cement and lime; to Caleb Thompson, of Carson City, Nevada, thirty dollars, for supplies; to Frederick Sargent, of Carson City, fifty dollars, for drayage; to Trenmor Coffin, of Carson City, Nevada, two hundred and fifty dollars; to James Atkins, of Carson City, Nevada, three hundred and fifty dollars, for labor, aggregating the sum of twenty thousand three hundred and nineteen dollars and seventy-five cents; That the material and supplies herein named were furnished in good faith, upon the order of one John OConnor, The Government contractor, and his duly authorized and legal agents; That the said material and supplies were used in the construction of said building, and without which it could not have neared its present condition of approximate completion; That the crediotrs herein named, had no protection under the lien laws of the State of Nevada, after the material was used in the building or placed on the ground accepted by the General Government as the site for said building; That said creditors know of no adequate redress at law, as the bond given by said John OConnor, the Government contractor, is made in favor of the General Government, and does not protect those furnishing material, supplies and labor; therefore, be it Resolved by the Assembly, the Senate concurring, That our Senators in Congress be instructed, and our Representative be requested to use all efforts and diligence before the departments and Congress, to bring about speedy settlement and payment of these claims. Resolved, That His Excellency, the Governor, be requested to immediately transmit an engrossed copy of this memorial and resolution to the Secretary of the United States Treasury, to the Supervising Architect of Government Buildings at Washington, D. C., and to each of our Senators and Representative in Congress. |
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Relating to Nevada delegation in Congress. |
No. XLII.Senate Concurrent Resolution No. 14, expressing appreciation of Nevadas Congressional delegation.
[Passed March 3, 1891.]
Whereas, The subsidized portions of the press in the eastern part of the United States has seen fit to charge that the Representatives of Nevada in the United States Senate, the Hon. John P. Jones and the Hon. Wm. M. Stewart, did not truly represent the people of Nevada in certain votes upon the Lodge Elections bill; and, Whereas, Neither in the halls of our State Legislature, nor in the columns of our press, nor from among the direct voices of our people, can be heard any censure for their action in this matter; and, |
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in the columns of our press, nor from among the direct voices of our people, can be heard any censure for their action in this matter; and, Whereas, on the contrary, among all political parties universal approbation is expressed for their manly and patriotic course; therefore, be it now Resolved by the Senate, the Assembly concurring, That the people of the State of Nevada take a just pride in their Senators and Representative in Congress, and have full faith in their manhood, truth and wisdom, and confidence that in the future, as in the past, they will truly serve the State and Nation; and, be it further Resolved, That, though defeat may come to them in their efforts in our behalf, we still accord them the honor of victory which crowns those who do their duty well; and, be it further Resolved, That the Governor be requested to forward enrolled copies of the above resolution and preamble to our Senators and Representative in Congress. |
Relating to Nevada delegation in Congress. |