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κ1915 Statutes of Nevada, Page 513κ

 

RESOLUTIONS AND MEMORIALS

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NUMBER 1

No. 1–Assembly Joint and Concurrent Resolution, relative to amending section three of article eleven of the constitution of the State of Nevada.

 

[Approved March 26, 1913; approved February 4, 1915]

 

      Resolved by the Assembly, the Senate concurring, That section three of article eleven of the constitution of the State of Nevada be amended to read as follows:

      Section 3.  All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the act of the Thirty-eighth Congress, to enable the people of Nevada Territory to form a state government, the thirty thousand acres of public lands granted by an act of Congress, approved July 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 to this state, and also the five hundred thousand acres of land granted to the new states under the act of Congress distributing the proceeds of the public lands among the several states of the union, approved A. D. eighteen hundred and forty-one; provided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the state; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the state; all property given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the legislature may provide by law; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources, in United States bonds, or the bonds of the this state, or the bonds of other states of the union, or the bonds of any county in the State of Nevada; or in loans at a rate of interest of not less than six per cent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes,

 

 

 

 

 

 

Amending state constitution; second passage by legislature

 

 

 

 

 

 

 

 

All of certain revenues to be used for educational purposes


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κ1915 Statutes of Nevada, Page 514 (NUMBER 1)κ

 

 

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

 

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NUMBER 2

 

 

 

 

 

Concerning property on original right of way of Central Pacific railroad

No. 2–Assembly Joint and Concurrent Resolution, memorializing Congress and the Nevada senators and representative in Congress.

 

[Approved February 4, 1915]

 

      Whereas, Under congressional grants of 1862 and 1864, the Central Pacific railroad company acquired a right of way across the State of Nevada 400 feet in width-200 feet on each side the center of its track-and notwithstanding the fact that these grants conveyed a mere easement, the company proceeded to sell in various towns along its route considerable quantities of land within its right of way, which lands have been occupied and improved, and taxes paid thereon by the purchasers and their grantees, for about forty years; and

      Whereas, It is now claimed that the company had no power of alienation, and its deeds to lands so conveyed within its right of way are void; and

      Whereas, Lots so conveyed constitute much of the most valuable and highly improved property in the towns of Verdi, Reno, Lovelock, Winnemucca, Carlin, Elko, and Wells, all of which is seriously affected by the present conditions, its value depreciated, its titles unsettled, its salability impaired, and its further improvement arrested; and

      Whereas, There is now pending in the house of representatives of the United States a bill known as senate bill No. 5042, introduced March 24, 1914, by Honorable Francis G. Newlands, and passed by the senate August 7, 1914, the purpose of which is to give all conveyances or agreements made by said company and its successor companies concerning lands forming a part of said right of way, the same force and effect as if the land involved had been held under absolute or fee simple title; and

      Whereas, Similar relief has been granted by Congress to all persons who had purchased land within the right of way of the Northern Pacific railroad company by an act entitled “An act validating certain conveyances of the Northern Pacific railroad company, and the Northern Pacific railway company” (U. S. Stats. at L., vol. 33, p. 538); and

      Whereas, The same character of relief has been Congress to the people of Nebraska, Kansas, Colorado, Wyoming, and Utah by an act entitled “An act legalizing certain conveyances heretofore made by the Union Pacific railroad company” (U. S. Stats. at L., vol. 37, pt. 1, p. 138); and

      Whereas, The Central Pacific railway company has announced that: “Notwithstanding the decisions of the United States supreme court,


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κ1915 Statutes of Nevada, Page 515 (NUMBER 2)κ

 

United States supreme court, that the title to the right of way was of such a character that it could not be alienated by the grantee, this company does not intend to assert title to any lands within the limits of its right of way that have been voluntarily conveyed to private holders by this company or its predecessor companies, or by Charles Crocker, the Contract and Finance company, or (prior to 1900) by the Pacific Improvement company, and that, since said conveyances have been and now are held, used, and occupied in good faith by such grantees or their successors, without waiver or loss of claim thereto by acceptance of lease, abandonment, adverse possession, or otherwise, but intends to recognize the validity of all title so acquired.” (Announcement by Central Pacific railroad company, dated March 31, 1914, a copy of which is hereto attached.) Therefore be it

      Resolved, That we commend said senate bill No. 5042, entitled “A bill legalizing certain conveyances heretofore made by the Central Pacific railroad company and others within the State of Nevada,” as a just and equitable measure, and we earnestly urge upon our senators and representative in Congress the importance and necessity of using all honorable means to speed the passage and approval of said bill at the present session of Congress.

      Resolved, That the governor of Nevada be requested to forward at once copies of this resolution to the president of the United States, to the speaker of the house of representatives, to the chairman of the committee on public lands of the house of representatives, to Senator Francis G. Newlands, to Senator Key Pittman, to Representative E. E. Roberts, and to Representative Charles F. Booher of Missouri.

 

announcement by central pacific railway company

      As some uncertainty has existed in Nevada as to the policy of this company concerning the titles to lands held, or claimed to be held, in private ownership within the limits of the right of way granted by Congress, this announcement is made: Notwithstanding the decisions of the United States supreme court that the title to the right of way was of such a character that it could not be alienated by the grantee, this company does not intend to assert title to any lands within the limits of its right of way that have been voluntarily conveyed to private holders of this company or its predecessor companies, or by Charles Crocker, the Contract and Finance company, or (prior to 1900) by the Pacific Improvement company, and that, since said conveyances have been and now are held, used and occupied in good faith by such grantees or their successors, without waiver or loss of claim thereto by acceptance of lease, abandonment, adverse possession, or otherwise, but intends to recognize the validity of all titles so acquired. For the purpose of confirming any such conveyance made by said grantors other than this company or its predecessor companies at Verdi, Reno, Lovelock, and Wells (Nevada), this company, upon satisfactory proof by abstract or certificate of title of the right thereto and except as aforesaid, will give its quitclaim deed to the present holder of any such title, with a warranty against liens created by this company on the right of way.

Concerning property on original right of way of Central Pacific railroad

 

 

 

 

 

 

 

 

U. S. senate bill 5042 to remedy all irregularities

 

 

 

 

 

 

 

 

 

 

 

Announcement by Central Pacific railway company


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κ1915 Statutes of Nevada, Page 516 (NUMBER 2)κ

 

Announcement by Central Pacific railway company

proof by abstract or certificate of title of the right thereto and except as aforesaid, will give its quitclaim deed to the present holder of any such title, with a warranty against liens created by this company on the right of way.

      It is not deemed necessary to give further deeds to confirm deeds already given by this company or its predecessor companies. This company reserves the right to determine in each case whether the facts come within the policy hereby announced, and entitle the applicant to such special relief. In no case will a conveyance be recognized or given which reduces the width of the right of way to less than that required for railroad purposes or to less than 50 feet on either side of the center line thereof. Applications for quitclaim deeds, accompanied by the necessary proof, should be made to B. A. McAllaster, land commissioner, room 801, Flood building, San Francisco.

      The company intends to defend its title to the full extent of the right of way granted by Congress against trespassers and persons claiming possession or title only by virtue of the operation of statutes of limitation. By order of the board of directors: Central Pacific railway company, by Wm. F. Herrin, president. (Date) March 31, 1914.

 

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NUMBER 3

 

 

 

 

 

Amending state constitution; second passage by legislature

 

Changing limit of state debt from $300,000 to 1 per cent of assessed valuation of property in state

No. 3–Senate Concurrent Resolution, relative to amending section three of article nine of the constitution of the State of Nevada.

 

[Approved March 14, 1913; approved February 8, 1915]

 

      Resolved by the Senate, the Assembly concurring, That section three of article nine of the constitution of the State of Nevada be amended so as to read as follows:

      Section 3.  The state may contract public debts, but such debts shall never in the aggregate, exclusive of interest, exceed the sum of one per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed, nor the taxes postponed or diminished, until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.


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κ1915 Statutes of Nevada, Page 517 (NUMBER 3)κ

 

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.

 

 

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NUMBER 4

No. 4–Joint and Concurrent Resolution, relating to appropriation by Congress for irrigation purposes.

 

[Approved February 13, 1915]

 

      Whereas, The great agricultural resources of Nevada are dependent upon the conservation of the waters and irrigation; and

      Whereas, There has been formed under the laws of this state an irrigation district called irrigation district number one, Carson Valley unit, Truckee-Carson project, for the express purpose of cooperating with the United States government in constructing a reservoir for conserving the waters of Carson river and thereby reclaiming and irrigating over fifty thousand acres of land; and

      Whereas, The reclamation service of the United States has recommended that the government cooperate with the district and it being essential and of primary importance that Congress appropriate at least one hundred thousand dollars immediately to initiate and begin this work of reclaiming thousands of acres of land and opening them for homes for our people: therefore, be it

      Resolved by the Senate, the Assembly concurring, That we approve and favor the appropriation of one hundred thousand dollars by Congress for the purpose of said reclamation project; and

      Resolved further, That we hereby urge our senators and representative in Congress to use all honorable means and efforts to secure such appropriation; and be it

      Resolved further, That a copy of this resolution be telegraphed by the secretary of state to the senators and representative in Congress from Nevada, and that a copy be forwarded to the president of the United States.

 

 

 

 

 

Asking Congress to appropriate $100,000 for Carson Valley unit, Truckee-Carson reclamation project

 

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NUMBER 5

No. 5–Assembly Joint and Concurrent Resolution.

 

[Approved February 17, 1915]

 

      Whereas, For many years past there has been established and maintained on the banks of the Truckee river by the Floriston Pulp and Paper company, a corporation, at a point called Floriston, in the State of California, a mill for the manufacture of paper pulp and paper by what is known as the sulphite process. The said mill has, ever since its establishment, been in active operation and has during this entire period discharged, and is still discharging in such a manner that the same reaches the Truckee river directly and by seepage, a certain waste liquor which renders the waters of the stream below the said mill unfit for domestic purposes and deleterious to fish culture; and

 

 

 

 

Regarding pollution of Truckee river by Floriston Pulp and Paper company


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κ1915 Statutes of Nevada, Page 518 (NUMBER 5)κ

 

 

 

Regarding pollution of Truckee river by Floriston Pulp and Paper company

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Congress and U. S. authorities requested to act

liquor which renders the waters of the stream below the said mill unfit for domestic purposes and deleterious to fish culture; and

      Whereas, A series of tests and analyses made by competent authorities has proven beyond question of doubt that the said waste liquor in the Truckee river has added greatly to the amount of the dissolved organic matter and has seriously affected the quality of its waters, making the same deleterious to fish culture and giving it an unpleasant and unpalatable taste as well as supplying coloring matter which detracts from its appearance; and

      Whereas, During the entire period of time that the said mill has been in operation and so polluted the waters of said stream an earnest and sustained effort has been made by the people of this state by litigation, by negotiations with the owner of the said mill, and by conferences with the competent authorities of the State of California to abate the nuisance caused by the aforesaid contamination of said river, all of which efforts on the part of this state have come to naught by reason of the refusal of the owner of the said mill to take proper steps to remedy the objectionable conditions complained of, indifference on the part of the authorities of California, and the failure of proposed litigation for jurisdictional reasons; and

      Whereas, By reason of the contamination of said river as aforesaid, and the consequent rendering of its waters deleterious to fish culture and destructive of fish life, the State of Nevada has been compelled to establish its fish hatcheries on inaccessible streams; and

      Whereas, Said Truckee river is an interstate stream with its source in the State of California whence it runs into the State of Nevada, and the source of the nuisance complained of, namely, Floriston, is in the State of California, just across the Nevada line, and, therefore, without the jurisdiction of this state; and

      Whereas, By reason of the premises, it appears that the conditions herein complained of are proper subjects for regulation and control by the government of the United States: now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That our senators and representative in Congress be, and they are hereby, specially urged and memorialized to use every effort within their powers to secure relief in this behalf for the people of this state by presentation of the facts relating to the matters herein complained of to their respective branches of Congress for legislation on the subject, if legislation be required to remedy the evils above set out, and by presentation of said facts to all other authority of the government of the United States competent to act thereon for such relief, to the end that by proper legislation or departmental action all nuisances of this character be abated and forever hereafter prohibited on this interstate stream.


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κ1915 Statutes of Nevada, Page 519 (NUMBER 5)κ

 

      Resolved, That Professor S. C. Dinsmore, of the University of Nevada, who for some years past has on behalf of this state been investigating the condition in the preamble of this resolution complained of, and who is, therefore, thoroughly familiar with the conditions surrounding these evils and is in possession of all pertinent facts, details, and data applying thereto, be, and he is hereby, appointed and delegated a special commissioner for the State of Nevada to personally present to the authorities of the government of the United States the information in his possession for their consideration, and to urge their action thereon, and to in all possible ways assist our said senators and representative in Congress in their efforts to secure relief for the people of this state in this behalf.

      Resolved, That engrossed copies of this resolution, attested by the officers of the senate and assembly, be at once forwarded by the governor to our senators and representative in Congress, to Honorable Franklin K. Lane, secretary of the interior, and to the president of the United States.

Special agent for Nevada appointed

 

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NUMBER 6

No. 6–Assembly Joint and Concurrent Resolution.

 

[Approved February 26, 1915]

 

Resolved by the Assembly of the State of Nevada, the Senate concurring:

      Whereas, Since the commencement of war in Europe a number of neutral vessels, carrying cargoes of copper shipped by citizens of the United States to neutral consignees in Italy and Norway, both being neutral countries, have been stopped upon the high seas and taken into English ports under the excuse that such copper was in reality intended for use by Germany and Austria-Hungary, belligerent nations, and that therefore such copper was contraband of war; and

      Whereas, The United States, through its proper departments had heretofore protested against such seizures on the ground that such copper was not contraband of war, and insisted that immediate action be taken by the British government looking to the release of such copper; and

      Whereas, Many weeks have elapsed since such protests were made on behalf of the government of the United States, and no proper action has been taken by the British government to satisfy such protests; and

      Whereas, The result of such interference with the shipment of copper has contracted the market, reduced the consumption, and compelled the reduction of the production of the metal; and

      Whereas, The State of Nevada is a large producer of copper ores, and such action on the part of the British government has reduced the production of such ore about one-half, thereby throwing out of employment many men, and otherwise injuring the prosperity of the state; and

 

 

 

 

 

Regarding seizure of neutral vessels carrying copper to neutral countries, by Great Britain


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κ1915 Statutes of Nevada, Page 520 (NUMBER 6)κ

 

 

 

 

Protest by legislature on behalf of Nevada

      Whereas, Protests have heretofore been made and filed with the United States government by the senators for the State of Nevada and special representatives from the state: therefore, be it

      Resolved by the Senate and Assembly in the State of Nevada, in joint assembly, That a protest be, and is hereby, made on behalf of the State of Nevada against such unreasonable action on the part of the British government, and the United States government be, and it is hereby, petitioned to take the necessary action to obtain an immediate release from the conditions hereinbefore mentioned, and the discontinuance of such procedure on the part of the British government.

 

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NUMBER 7

 

 

 

 

 

 

Regarding change of time for assessment work on unpatented mining claims

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Congress asked to change law

No. 7–Assembly Joint and Concurrent Resolution, concerning the period of time within which assessment or annual work upon mining claims shall be performed.

 

[Approved March 6, 1915]

 

      Whereas, By an act of Congress of January 22, 1880 (21 Statutes at Large, page 61), it is provided that the period within which the work to be done annually on all unpatented mining claims located since May 10, 1872, shall commence on the first day of January next succeeding the date of location of such claim; and

      Whereas, Owing to climatic conditions in the State of Nevada and other intermountain mining states, it is difficult and often impossible to mark the boundaries and do and perform the discovery work required by state law upon mining claims in perfecting the location thereof where such locations are made during the winter months, as is frequently the case upon the abandonment of locations by reason of the failure to perform the annual assessment work required by the laws of Congress; and

      Whereas, The relocation of such mining claims under the present law is made under such conditions that frequent conflicts, by reason of overlapping boundaries, occur, which result in expensive litigation; and

      Whereas, It would add greatly to the convenience and encouragement of the miner and prospector, minimize his expense, and contribute to the development and exploitation of the mining regions of the west to amend said act of Congress so as to require the time for the commencement of such annual work on the first day of July next succeeding the date of location: now, therefore, be it

      Resolved by the Assembly, the Senate concurring, That the Congress of the United States be and is hereby urged to amend the act of January 22, 1880 (21 Statutes at Large, page 61), or to otherwise enact appropriate legislation, providing expressly in terms that the period within which the work to be done annually upon all unpatented mining claims, located since May 10, 1872, shall commence on the first day of July, at noon, next succeeding the date of location of such claim; and be it further


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κ1915 Statutes of Nevada, Page 521 (NUMBER 7)κ

 

1872, shall commence on the first day of July, at noon, next succeeding the date of location of such claim; and be it further

      Resolved, That a copy of this resolution be sent by the secretary of state of Nevada to the secretary of the interior, to each United States senator, and to each representative in Congress from the mining states, and to the legislatures of the several mining states now in session; and be it further

      Resolved, That the senators and representative in Congress from the State of Nevada be, and are hereby, requested to prepare, introduce, and urge the legislation recommended by this resolution at the earliest possible date.

 

 

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NUMBER 8

No. 8–Senate Joint and Concurrent Resolution, memorializing the Congress of the United States to enact legislation for governmental appropriation in the erection and maintenance of federal irrigation and reclamation projects and works.

 

[Approved March 6, 1915]

 

      Whereas, It has been for years the policy of the government of the United States, through legislative enactment in the federal Congress, to appropriate large sums of money for the erection and maintenance of federal buildings throughout the several states of the American union; for the improvement of the rivers, harbors, and inland waterways flowing through the various states of the United States, and for the building and maintenance of public works, dams, and levees at and near the great rivers flowing through and along the eastern, middle west, and southern states of the country; and

      Whereas, The Congress of the United States has liberally appropriated government funds for the aforesaid purposes for the improvement, advancement, growth, prosperity, and general welfare of the American people residing within these states without condition or requirement that they reimburse in whole or in part the government for such appropriations and expenditures; and

      Whereas, The government of the United States has been engaged, through federal appropriation, in the erection and maintenance of dams and reservoirs in nine of the western and intermountain states, including the State of Nevada, for the purpose of reclaiming and irrigating the arid lands of the west, but that the condition and requirement attached to these appropriations are in effect that the government of the United States shall be reimbursed for these outlays and expenditures by the settler upon the said reclaimed lands, who through excessive payments, for the right to settle, is expected to fully return to the government all appropriations and outlays for these federal reclamation works; and

      Whereas, Such conditions and exactions are a hardship upon the settler and in innumerable instances have been impossible of performance and have resulted in failure, abandonment, loss, and discouragement to the settler and in antagonism to and criticism of said reclamation projects; and

 

 

 

 

 

 

 

Congress asked to appropriate moneys for irrigation and reclamation works without asking return of same by settlers


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κ1915 Statutes of Nevada, Page 522 (NUMBER 8)κ

 

 

 

 

 

 

 

 

 

 

Will encourage western immigration

and discouragement to the settler and in antagonism to and criticism of said reclamation projects; and

      Whereas, To demand of the settler exorbitant prices for lands for the purpose of requiring him to pay back to the government moneys appropriated for reclamation dams, reservoirs, works, and projects is a gross, unwarranted, and harsh discrimination against the west and an unjustifiable imposition and tax upon the frugality, industry, and energies of the western settler and in direct opposition to the policy of gratuitous governmental appropriation for the benefit of other sections of the country. Now, therefore, be it

      Resolved by the Senate, the Assembly concurring, That we urge our representatives in Congress to take immediate steps looking toward appropriate federal legislation for the prompt and speedy relief of the western settler from the unwarranted discriminatory tax and imposition, requiring him to reimburse the government for its outlays in the construction of reclamation and irrigation reservoirs, dams, and works; that they use their utmost endeavors in that behalf so as to encourage settlement in the State of Nevada, and other western arid states, upon projects completed and those intended and to build up and populate these states for the general public welfare; and that such legislation shall contemplate in the main the usual governmental fee and charge for locating upon the public domain, but a liberal policy of gratuitous governmental expenditure in preparing and fitting the lands so entered for successful working and occupancy by the western pioneer. Be it further

      Resolved, That copies of this resolution be transmitted by the secretary of state of Nevada to our senators and representative in Congress, to the secretary of the interior, and to the president of the United States.

 

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NUMBER 9

 

 

 

 

 

 

Commission to investigate feasibility of printing school books by state printing office

No. 9–Assembly Joint and Concurrent Resolution, providing for the appointment of a commission to investigate the question of state publication of school text-books.

 

[Approved March 8, 1915]

 

      Whereas, The question of having state school text-books for the primary and grammar grades, printed and produced by the state printing office, has received more or less attention during the past few years by the legislature of the State of Nevada, and the system has been and is now being tried by different states of the United States; and

      Whereas, It is the desire of this legislature that a thorough investigation be made of the subject as to the feasibility of applying the same to the State of Nevada: now, therefore, be it

      Resolved by the Assembly, the Senate concurring, That there is hereby created a commission consisting of five members, including the governor, to be appointed by the governor, to investigate the matters contained in the preamble hereof and report its findings and recommendations to the next session of the legislature.


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κ1915 Statutes of Nevada, Page 523 (NUMBER 9)κ

 

the matters contained in the preamble hereof and report its findings and recommendations to the next session of the legislature.

 

 

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NUMBER 10

No. 10–Assembly Joint and Concurrent Resolution.

 

[Approved March 12, 1915]

 

      Whereas, Good roads are essential to the progress of our state and the greatest transcontinental highway ever proposed has been located and marked across the State of Nevada, connecting our broad state with our neighbors on the east and our great sister State of California on the west, making the said highway a lasting memorial to the greatest American of recent times; and

      Whereas, The improvement of our highways will both directly and indirectly benefit our state and facilitate transportation, as well as contribute to the pleasure and recreation of our citizens and meet the great and imperative demand of the people for better highways; and

      Whereas, A bill has been introduced in the legislature of California known as assembly bill No. 25, making appropriation for the location, survey, and construction of a highway to connect the State of California with Nevada; and

      Whereas, The citizens of the town of Verdi and of Washoe County and the county commissioners of Washoe County have undertaken to connect with said highway, so to be constructed by the State of California, and to erect the necessary highway bridge across the Truckee river and lay out and improve the same in and across Washoe County and make the same a branch of the Lincoln highway: now, therefore, be it

      Resolved by the Assembly and the Senate of the State of Nevada concurring, That we congratulate our great sister state of California upon the magnificent system of highways which she has constructed and is constantly adding to, and we commend the public spirit of the citizens and officials of Washoe County in connecting with such highway; and be it further

      Resolved, That we express the hope that said assembly bill No. 25 will become a law and that thereby, with the aid of our own public-spirited citizens, another enduring link connecting California and Nevada may be forged, making easier that freedom of travel and interchange which is essential to modern life; and be it further

      Resolved, That the governor of the State of Nevada is requested to transmit to the governor of the State of California a copy of this resolution with the request that it be presented to the legislature of California.

 

 

 

 

Concerning state highway to connect California and Nevada; A. B. 25 of California legislature

 

 

 

 

 

 

 

 

 

 

 

 

 

California congratulated

 

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κ1915 Statutes of Nevada, Page 524κ

NUMBER 11

 

 

 

 

 

Regarding better mail service for town of Eureka

No. 11–Senate Joint and Concurrent Resolution, memorializing the postmaster-general of the United States.

 

[Approved March 15, 1915]

 

      Whereas, The people of the town of Eureka, the county-seat of the county of Eureka, State of Nevada, have petitioned the legislature of the State of Nevada to intercede with the United States government in the interests of better mail service to the said town of Eureka; and

      Whereas, It appears from said petition, and from other evidence adduced, that the United States postoffice department is now providing said town with a triweekly star-route mail service from Palisade, Nevada, in thirty-three hours, at a cost of $5,970 per annum; and

      Whereas, An offer has been made by the Eureka-Nevada railway to carry the said mails triweekly from Palisade to Eureka in eight hours for the sum of $4,650 per annum, and in addition thereto to carry the mail from Palisade to Blackburn, Nevada, free of charge, for which latter service the government is now paying to the said railway $800 per annum; and

      Whereas, It is believed that the president of the United States has the inherent power under the decision of the supreme court of the United States in the case of Cunningham v. Neagle, 135 U.S., page 1, to provide by executive order for an acceptance of the aforesaid offer of the railway: now, therefore, be it

      Resolved by the Senate, the Assembly concurring, That the said proposed contract with the Eureka-Nevada railway meets with the hearty approval of the senate and the assembly of Nevada, and that we hereby respectfully request the postmaster-general of the United States to use his good offices in an endeavor to secure said executive order, or such other appropriate action authorizing the consummation of such a contract, thereby saving to the government the sum of $2,120 per annum and, in addition thereto, relieving the citizens of said town of Eureka from the inconvenience and hardship of the present 33-hour service.

      Resolved further, That his excellency, the governor, be requested to transmit a copy of the foregoing preamble and resolution to the postmaster-general of the United States.

 

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κ1915 Statutes of Nevada, Page 525κ

NUMBER 12

No. 12–Assembly Joint and Concurrent Resolution, to provide for the participation of the State of Nevada in the formal opening of the Dalles-Celilo canal of the Columbia river, Oregon, May 5, 1915.

 

[Approved March 18, 1915]

 

      Whereas, We recognize and appreciate the interest of the general government of the United States in the improvement of the Columbia river and its navigable tributaries; and

      Whereas, We particularly commend the expenditure by the Congress of the United States of the vast sum of four million eight hundred and forty thousand dollars in the construction of the Dalles-Celilo canal of the Columbia river, the completion of which will mark the opening of this river and its upper tributaries to uninterrupted navigation for a distance of approximately five hundred miles into the interior of the Columbia basin, having an area of two hundred fifty thousand square miles; and

      Whereas, There will be a ceremony in connection with the opening of said canal on Wednesday, May 5, 1915, at Big Eddy, Oregon: therefore be it

      Resolved by the Assembly, the Senate concurring, That, in recognition of the opening of the great river of the west and its tributaries to navigation, and the benefits to be derived by the sisterhood of states of the Columbia basin from the operation of the Dalles-Celilo canal-a portion of the State of Nevada being embraced in said basin-we do hereby declare for the formal participation of the State of Nevada in said opening ceremonies; and be it further

      Resolved, That a committee of the legislature of the State of Nevada, consisting of two members of the senate and two members of the assembly, be and is hereby appointed, in connection with the governor and such other state officers as he may designate, to officially represent the State of Nevada at the official opening of the Dalles-Celilo canal at Big Eddy, Oregon, and at the associated celebration to be held in connection therewith at various points in the Columbia basin during the week of May 3 to 5, 1915; and be it further

      Resolved, That this resolution shall be effective from and after its approval by the governor, and that notice of the participation of this state be sent to the general committee of the Dalles-Celilo canal celebration, 69 Fifth street, Portland, Oregon, and to the Columbia-Celilo-Panama waterways celebration committee, Lewiston, Idaho.

 

 

 

 

 

 

Opening of Dalles-Celilo canal of the Columbia river, Oregon

 

 

 

 

 

 

 

 

Nevada to be represented at opening

 

 

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κ1915 Statutes of Nevada, Page 526κ

NUMBER 13

 

 

 

 

 

 

Praying general government for relief, land, etc., for homeless nonreservation Indians in Nevada

No. 13–Senate Joint and Concurrent Resolution, asking the Congress of the United States to provide homes for homeless nonreservation Indians in the State of Nevada.

 

[Approved March 24, 1915]

 

      Whereas, The “Washoes” and many members of other tribes of Indians in this state are homeless and nonreservation Indians; and

      Whereas, Trachoma, tuberculosis, and other contagious and infectious diseases are common among them, caused largely by bad sanitation, malnutrition, and general lack of proper living, thereby endangering the health of white people with whom they come in contact daily: therefore be it

      Resolved by the Senate, the Assembly concurring, That the Congress of the United States be and is hereby requested to appropriate the sum of one hundred thousand dollars for the purchase of small parcels of land, water rights, garden tools, and to erect dwellings in this state for said Indians; and be it further

      Resolved, That the secretary of state be and he is hereby directed to transmit to each of our representatives in the Congress of the United States, and to the secretary of the interior, a copy of these resolutions.

 

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NUMBER 14

 

 

 

 

 

 

Agricultural building at University of Nevada

No. 14–Senate Joint and Concurrent Resolution, relative to the erection of an agricultural building at the University of Nevada at Reno, Nevada.

 

[Approved March 24, 1915]

 

Resolved by the Senate, the Assembly concurring, That-

      Whereas, There was introduced at the present session of the legislature, by the ways and means committee of the senate, on March 8, 1915, a bill providing for the erection of an agricultural building at the University of Nevada, at Reno, Nevada, and making an appropriation therefor, which was not put on passage by reason of the scarcity of moneys in the general fund, and the inadvisability of making such an appropriation at this session of the legislature; and

      Whereas, Said bill authorized and directed the board of regents of the University of Nevada to construct a suitable building upon the university land at Reno, to be known as an agricultural building, and to be used for purposes of instruction and research in agricultural and kindred subjects; and

      Whereas, It is the sense of this body that the purposes of said bill were laudable and meritorious, and an efficient aid to the education of our people; and

      Whereas, It is the sense of this body that an appropriation for such purpose cannot be made at this time, for the reasons aforesaid, but that the construction of such a building should be commenced with all possible expedition; and

      Whereas, It is the sense of this body that the board of regents of the University of Nevada and the educational purposes of the state ought not to be handicapped in an essential branch of education for the next two years; and


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κ1915 Statutes of Nevada, Page 527 (NUMBER 14)κ

 

regents of the University of Nevada and the educational purposes of the state ought not to be handicapped in an essential branch of education for the next two years; and

      Whereas, It has been brought to the attention of this body that the board of regents of the University of Nevada may be able to save some money out of the appropriations to be made by this legislature for the University of Nevada, with which to begin the construction of such a building:

      Now, Therefore, It is the sense of this body, and in consonance with the public welfare, that the board of regents of the University of Nevada have the approval of this body in using any moneys which they may be able to save from the appropriations to be made by this legislature toward the commencement of the construction of a suitable building upon university land at Reno, to be known as an agricultural building, and to be used for purposes of instruction and research in agricultural and kindred subjects. And it is hereby recommended to the next session of the legislature that sufficient moneys be appropriated to finish the construction of said building, if the state indebtedness within the warrant of the constitution shall not preclude it, and if the wisdom of that body shall dictate it.

 

 

 

 

 

 

Next legislature asked to make appropriation

 

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NUMBER 15

No. 15–Senate Joint and Concurrent Resolution, relative to requesting the Congress of the United States to investigate the causes of unemployment, and to adopt remedial measures therefor.

 

[Approved March 24, 1915]

 

      Whereas, Unemployment is an evergrowing problem of national magnitude, and the several states cannot, separately and alone, adequately solve the questions incident to the unequal distribution of labor; and

      Whereas, The temperate climatic conditions of the State of Nevada are such as to induce many people from all parts of America to come here during the winter months; and

      Whereas, Many of those who come are in search of employment and erroneously believe it is easy to secure work, thereby making the Nevada employment problem, like that of our sister state of California, particularly acute: now, therefore, be it

      Resolved, That the senate and assembly of the State of Nevada hereby jointly request the Congress of the United States to investigate the causes of unemployment and adopt such remedial measures as may be necessary and proper; and be it further

      Resolved, That copies of this resolution be forthwith transmitted by the secretary of the senate to the president of the senate, and to the speaker of the house of representatives of the United States, and to each of our senators and representative in Congress.

 

 

 

 

 

 

Congress asked to investigate causes of unemployment and adopt remedial measures

 

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κ1915 Statutes of Nevada, Page 528κ

NUMBER 16

 

 

 

 

 

Apex mining law condemned

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Square system commended

 

 

 

 

Congress asked to change mining laws

No. 16–Assembly Joint and Concurrent Resolution, memorializing Congress relative to amending United States mining laws.

 

[Approved March 25, 1915]

 

      Whereas, Under the present United States statutes the locators of all lode mining claims, their heirs or assigns, have “the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface location”; and

      Whereas, Geological formations, especially as refers to the breaking, bending, faulting, slipping, and other displacements inherent in lodes or veins, are so irregular that it is frequently impossible to positively determine the true top or apex of any given vein; and

      Whereas, The resultant doubt as to the true apex of a vein has very frequently resulted in litigation destructive to the mining industry, in that it has caused the shutting down of many valuable mines and the enforced idleness of many miners who otherwise would have been working and helping to support the respective communities in which they live; and

      Whereas, In South Africa, Mexico, and other countries where the apex doctrine does not obtain and the locator of a lode claim, his heirs or assigns, has the exclusive right to only the minerals and metals comprised within the vertical planes formed by the vertical downward projection of all his boundaries, there is an utter absence of such apex or extralateral litigation; and

      Whereas, Metal mining men of all classes, almost without exception, are of the opinion that the adoption of mining laws based on the so-called “Square System,” as embodied in the laws of the countries above referred to, would eventually correct the troublesome and wasteful litigation herein mentioned, and inure to the permanent benefit of all persons interested in any capacity in the metal mining industry: now, therefore, be it

      Resolved by the Assembly, the Senate concurring, That the State of Nevada does hereby memorialize the Congress of the United States to provide by federal law that all locations of lode mining claims hereafter made shall be fifteen hundred (1,500) feet square (or fraction thereof) ; that the rights of the locator, his heirs or assigns, shall be confined by the vertical downward projection of his surface boundaries; and that in all grants hereafter made there shall be excluded any grant of extralateral or apex rights; and be it further

      Resolved, That copies of this resolution be forthwith transmitted to the president of the United States senate, to the speaker of the house of representatives, to each of our senators and representative in Congress and to the respective governors of California, Washington, Oregon, Idaho, Utah, Colorado, Montana, Arizona, and New Mexico.


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κ1915 Statutes of Nevada, Page 529 (NUMBER 16)κ

 

speaker of the house of representatives, to each of our senators and representative in Congress and to the respective governors of California, Washington, Oregon, Idaho, Utah, Colorado, Montana, Arizona, and New Mexico.

 

 

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