[Rev. 12/19/2019 5:35:10 PM]
κ1923 Statutes of Nevada, Page 393κ
Resolutions and Memorials
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[Senate Joint Resolution No. 2Senator Getchell
No. 1Joint Resolution by the senate and assembly of the legislature of the State of Nevada.
[Approved January 24, 1923]
Whereas, It is currently reported that the Honorable Albert B. Fall, the secretary of the department of the interior of the United States, has resigned his office, to be effective on the first day of March next; and Whereas, In the opinion of the members of this legislature, it is highly important that some person familiar with the needs and wishes of the western portion of the United States shall be appointed in his stead; and Whereas, We believe that the Honorable Thomas E. Campbell, formerly governor of the State of Arizona, is in entire sympathy with and has full knowledge of the needs and wishes of the people of the west; therefore, be it Resolved by the Senate and the Assembly of the State of Nevada, That this body respectfully call to the attention of the President of the United States the superior qualifications of the Honorable Thomas E. Campbell for the office of secretary of interior, and we would respectfully recommend his appointment to said eminent position; and that it be further Resolved, That the secretary of state be instructed upon its adoption to transmit a copy of same by wire to President Harding, Senators Oddie and Pittman, and Congressman Arentz. |
Endorsing ex-Gov. Campbell of Arizona for secretary of the interior |
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[Assembly Joint Resolution No. 1Clark County Delegation]
No. 2Assembly Joint Resolution, relative to approving Colorado river compact.
[Approved January 27, 1923]
Whereas, Pursuant to appropriate action of their respective legislatures the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming did heretofore appoint commissioners to negotiate and enter into a compact or agreement providing for an equitable distribution and apportionment among the said states of the waters of the Colorado-river and of streams tributary thereto; and Whereas, The Congress of the United States did by an act approved August 19, 1921 (42 Statutes at Large, page 171), grant its consent to the making of such compact or agreement, |
Approval of Colorado river compact |
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Approval of Colorado river compact
Text of Colorado river compact |
grant its consent to the making of such compact or agreement, upon condition that a suitable person, to be appointed by the President of the United States, should participate in said negotiations as the representative of and for the protection of the interests of the United States and upon the further condition that any such compact or agreement shall not be binding or obligatory upon any of the parties thereto unless and until the same shall have been approved by the legislature of each of said states and by the Congress of the United States; and Whereas, The commissioners representing the said states after negotiations participated in by Herbert Hoover appointed by the President as the representative of the United States, did, on the twenty-fourth day of November, 1922, at the city of Santa Fe, New Mexico, agree upon and sign a compact, which was then and there approved by the representative appointed by the President of the United States, and which is in the words and figures following, to wit:
COLORADO RIVER COMPACT The States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, having resolved to enter into a compact under the Act of the Congress of the United States of America approved August 19, 1921 (42 Statutes at Large, page 171) and the Acts of the Legislatures of the said States, have through their Governors appointed as their Commissioners: W. S. Norviel for the State of Arizona W. F. McClure for the State of California Delph E. Carpenter for the State of Colorado J. G. Scrugham for the State of Nevada Stephen B. Davis, Jr. for the State of New Mexico R. E. Caldwell for the State of Utah Frank C. Emerson for the State of Wyoming who, after negotiations participated in by Herbert Hoover appointed by The President as the representative of the United States of America, have agreed upon the following articles: Article I The major purposes of this compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin, the storage of its waters and the protection of life and property from floods. To these ends the Colorado River Basin is divided into two Basins, and an apportionment of the use of part of the water of the Colorado River System is made to each of them with the provision that further equitable apportionments may be made. |
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Article II As used in this compact: (a) The term Colorado River System means that portion of the Colorado River and its tributaries within the United States of America. (b) The term Colorado River Basin means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied. (c) The term States of the Upper Division means the States of Colorado, New Mexico, Utah and Wyoming. (d) The term States of the Lower Division means the States of Arizona, California and Nevada. (e) The term Lee Ferry means a point in the main stream of the Colorado River one mile below the mouth of the Paria River. (f) The term Upper Basin means those parts of the States of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado River System above Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the System above Lee Ferry. (g) The term Lower Basin means those parts of the States of Arizona, California, Nevada, New Mexico, and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the System below Lee Ferry. (h) The term domestic use shall include the use of water for household, stock, municipal, mining, milling, industrial and other like purposes, but shall exclude the generation of electrical power. Article III (a) There is hereby apportioned from the Colorado River System in perpetuity to the Upper Basin and to the Lower Basin respectively the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall include all water necessary for the supply of any rights which may now exist. (b) In addition to the apportionment in paragraph (a), the Lower Basin is hereby given the right to increase its beneficial consumptive use of such waters by one million acre-feet per annum. (c) If, as a matter of international comity, the United States of America shall hereafter recognize in the United States of Mexico any right to the use of any waters of the Colorado River System, such waters shall be supplied first from the waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b); and if such surplus shall prove insufficient for this purpose, then, the burden of such deficiency shall be equally borne by the Upper Basin and the Lower Basin, and whenever necessary the States of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d). |
Text of Colorado river compact |
κ1923 Statutes of Nevada, Page 396 (NUMBER 2, AJR 1)κ
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Text of Colorado river compact |
gate of the quantities specified in paragraphs (a) and (b); and if such surplus shall prove insufficient for this purpose, then, the burden of such deficiency shall be equally borne by the Upper Basin and the Lower Basin, and whenever necessary the States of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d). (d) The States of the Upper Division will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact. (e) The States of the Upper Division shall not withhold water, and the States of the Lower Division shall not require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses. (f) Further equitable apportionment of the beneficial uses of the waters of the Colorado River System unapportioned by paragraphs (a), (b) and (c) may be made in the manner provided in paragraph (g) at any time after October first, 1963, if and when either Basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b). (g) In the event of a desire for a further apportionment as provided in paragraph (f) any two signatory States, acting through their Governors, may give joint notice of such desire to the Governors of the other signatory States and to The President of the United States of America, and it shall be the duty of the Governors of the signatory States and of The President of the United States of America forthwith to appoint representatives, whose duty it shall be to divide and apportion equitably between the Upper Basin and Lower Basin the beneficial use of the unapportioned water of the Colorado River System as mentioned in paragraph (f), subject to the legislative ratification of the signatory States and the Congress of the United States of America.
Article IV (a) Inasmuch as the Colorado River has ceased to be navigable for commerce and the reservation of its waters for navigation would seriously limit the development of its Basin, the use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural and power purposes. If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding. (b) Subject to the provisions of this compact, water of the Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes. |
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(c) The provisions of this article shall not apply to or interfere with the regulation and control by any State within its boundaries of the appropriation, use and distribution of water.
Article V The chief official of each signatory State charged with the administration of water rights, together with the Director of the United States Reclamation Service and the Director of the United States Geological Survey shall cooperate, ex officio: (a) To promote the systematic determination and coordination of the facts as to flow, appropriation, consumption and use of water in the Colorado River Basin, and the interchange of available information in such matters. (b) To secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry. (c) To perform such other duties as may be assigned by mutual consent of the signatories from time to time.
Article VI Should any claim or controversy arise between any two or more of the signatory States: (a) with respect to the waters of the Colorado River System not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact or the delivery of waters as herein provided; (d) as to the construction or operation of works within the Colorado River Basin to be situated in two or more States, or to be constructed in one State for the benefit of another State; or (e) as to the diversion of water in one State for the benefit of another State; the Governors of the States affected, upon the request of one of them, shall forthwith appoint Commissioners with power to consider and adjust such claim or controversy, subject to ratification by the Legislatures of the States so affected. Nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative action of the interested States.
Article VII Nothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes.
Article VIII Present perfected rights to the beneficial use of waters of the Colorado River System are unimpaired by this compact. Whenever storage capacity of 5,000,000 acre-feet shall have been provided on the main Colorado River within or for the benefit of the Lower Basin, then claims of such rights, if any, by appropriators or users of water in the Lower Basin against appropriators or users of water in the Upper Basin shall attach to and be satisfied from water that may be stored not in conflict with Article III. |
Text of Colorado river compact |
κ1923 Statutes of Nevada, Page 398 (NUMBER 2, AJR 1)κ
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Text of Colorado river compact
Compact approved by Nevada legislature |
shall attach to and be satisfied from water that may be stored not in conflict with Article III. All other rights to beneficial use of waters of the Colorado River System shall be satisfied solely from the water apportioned to that Basin in which they are situate.
Article IX Nothing in this compact shall be construed to limit or prevent any State from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.
Article X This compact may be terminated at any time by the unanimous agreement of the signatory States. In the event of such termination all rights established under it shall continue unimpaired.
Article XI This compact shall become binding and obligatory when it shall have been approved by the Legislatures of each of the signatory States and by the Congress of the United States. Notice of approval by the Legislatures shall be given by the Governor of each signatory State to the Governors of the other signatory States and to the President of the United States, and The President of the United States is requested to give notice to the Governors of the signatory States of approval by the Congress of the United States. In Witness Whereof, the Commissioners have signed this compact in a single original, which shall be deposited in the archives of the Department of State of the United States of America and of which a duly certified copy shall be forwarded to the Governor of each of the signatory States. Done at the City of Santa Fe, New Mexico, this twenty-fourth day of November, A. D. One Thousand Nine Hundred and Twenty-two. (Signed) W. S. Norviel (Signed) W. F. McClure (Signed) Delph E. Carpenter (Signed) J. G. Scrugham (Signed) Stephen B. Davis, Jr. (Signed) R. E. Caldwell (Signed) Frank C. Emerson Approved: (Signed) Herbert Hoover. Now, therefore, be it Resolved by the Assembly and the Senate of the Legislature of the State of Nevada, jointly, at its thirty-first session, commencing on the fifteenth day of January, 1923, a majority of all the members elected to each house of said legislature voting in favor thereof, that the said Colorado river compact be and the same is hereby approved by the legislature of the State of Nevada; and be it further Resolved, That the governor of Nevada be and he is hereby authorized and requested to give notice of the foregoing approval to the governor of each of the other signatory states and to the President of the United States. |
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hereby authorized and requested to give notice of the foregoing approval to the governor of each of the other signatory states and to the President of the United States. |
Governor to notify President and other governors |
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[Senate Concurrent Resolution No. 2Senator Fitzgerald]
No. 3Senate Concurrent Resolution.
Whereas, A Prospector has been lost to our state and the west in the recent death of James L. Butler, the discoverer of the opulent silver mining camp of Tonopah, Nevada, at a time so indispensable to the mining industry, and which has contributed so largely to the wealth of the State of Nevada; Resolved by the Senate, the Assembly concurring, That we have heard with profound sorrow of the death of James L. Butler, the discoverer of Tonopah; that a copy of these resolutions, attested by the Governor, the president of the senate and the speaker of the assembly, be transmitted to the family of the deceased; that a copy thereof be spread upon the records of these bodies, and that a copy thereof be transmitted to the Nevada historical society. |
On death of James L. Butler, discoverer of Tonopah |
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[Senate Concurrent Resolution No. 4Senator Vencill]
No. 4Senate Concurrent Resolution.
Whereas, Since the last session of the legislature of the State of Nevada, the late Arthur W. Keddie met his death as a result of a fall in an aeroplane at Elko, Nevada; and Whereas, Mr. Keddie was a most highly honored and esteemed member of the senate in the twenty-eighth and twenty-ninth sessions of the legislature of the State of Nevada; and Whereas, In the death of Mr. Keddie, just when he had arrived at the noonday of life, the State of Nevada suffered the loss of one of its most honored, most useful, and most enterprising citizens; and Whereas, The members of the thirty-first session of the Nevada legislature desire to express their sincere sorrow for his sad and untimely death; therefore, be it Resolved That when this senate and assembly recess on the afternoon of Friday, February second, they do so in honor of the memory of the late Arthur W. Keddie; and be it further Resolved, That a copy of these resolutions be spread upon the journals of the senate and assembly, that a copy be transmitted to the relatives of the deceased, and that a copy be sent to the Nevada historical society. |
On death of ex-State Senator Keddie of Churchill County |
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Withdrawal of certain senate bill from governors office |
[Senate Concurrent Resolution No. 6Senator Miller]
No. 5Senate Concurrent Resolution.
Whereas, Senate bill No. 15, introduced by Senator Miller, and which thereafter passed the senate and assembly and was on the 6th day of February transmitted to the governor for approval, and said bill is now deposited with the governor, and it is the desire to have said bill returned to the senate for corrections and amendments; Resolved by the Senate, the Assembly concurring, That senate bill No. 15 be withdrawn from the office of the governor and returned to the senate for such further disposition as may deemed wise or expedient. |
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Relative to survey committee for Nevada judicial districts |
[Senate Concurrent Resolution No. 3Senator Fitzgerald]
No. 6Senate Concurrent Resolution, relative to appointing a committee to investigate and make a survey of the judicial districts of the State of Nevada.
Whereas, In the interest of economy it is deemed expedient to curtail expenses in the operation and functioning of every department of state; and Whereas, This state is now divided into ten judicial districts and presided over by eleven district judges, and in some districts judges are thereby assigned to communities embracing a population of less than twenty-five hundred people; therefore, be it Resolved by the Senate, the Assembly concurring, That a committee of three be appointed by the joint action of the president of the senate and speaker of the assembly, said committee to consist of not more than two members of the same political faith, to investigate and make a survey of the requirements of the several judicial districts of the State of Nevada, with the view of reducing the number of said judicial districts in this state; said committee to be appointed upon the adoption of this resolution and to make said survey and investigation and report their findings to the legislative session of 1925. |
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Requesting State of Utah to include Lincoln highway in its federal-aid highway system |
[Assembly Joint Resolution No. 2Mr. Jurich]
No. 7Assembly Joint Resolution.
[Approved February 10, 1923]
Whereas, The State of Nevada has adopted a program of highway construction designated to afford interstate as well as intrastate communication, and has designated two connections with the State of Utah and six connections with the State of California; and |
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Whereas, The State of Utah has failed to provide a connection with route 2 of the Nevada highway system, commonly known as the Lincoln highway, thereby depriving a large majority of the people of central and southern Nevada of the benefit of interstate communication and travel; and Whereas, The Lincoln highway association has contributed the sum of $125,000 toward road construction in western Utah and a like sum for construction in Nevada; and Whereas, The refusal of the State of Utah to include the Lincoln highway in western Utah as a part of its federal-aid highway system will result in a complete loss of the money so invested, and deny to the State of Nevada the benefit of communication with its natural sources of supply; and Whereas, In April, 1922, the governor of Nevada, the department of highways and over thirty chambers of commerce, boards of county commissioners and other civil and civic bodies joined in a request to the State of Utah that it include the Lincoln highway in western Utah in its federal-aid highways system, and said request was ignored; therefore, be it Resolved by the Assembly of the State of Nevada, the Senate concurring, That the State of Utah is hereby requested to include in its federal-aid highway system that particular road in western Utah commonly known as the Lincoln highway and connecting with route 2 of the Nevada highway system at or near Ibapah, Utah, thereby providing for the people of southern and central Nevada the means of communication they require for their prosperity and welfare; be it further Resolved, That the secretary of agriculture be and he is hereby requested to take official notice of this request of the State of Nevada, and that certified copies of this resolution, bearing the great seal of the State of Nevada, be transmitted by the governor of Nevada to the governor of Utah and to the secretary of agriculture immediately on the approval of this resolution. |
Requesting State of Utah to include Lincoln highway in its federal-aid highway system |
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[Senate Concurrent Resolution No. 5Senators Scott and Uniacke]
No. 8Senate Concurrent Resolution.
Whereas, No man can leave a richer or more enduring memorial behind him that that he has given long years of service in public and private life to his fellow men; and Whereas, Such enduring memorials were strongly exemplified in the lives of Dr. J. L. Campbell, former senator from Lincoln County, and L. N. Carpenter, former senator from Humboldt County, both of whom, after long and honorable service in the legislature, have recently answered their last roll-call; and |
On deaths of ex-State Senator Campbell of Lincoln County, and ex-State Senator Carpenter of Humboldt County |
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Resolution of sorrow |
honorable service in the legislature, have recently answered their last roll-call; and Whereas, The members of the thirty-first session of the Nevada legislature wish to give expression to their sincere sorrow, and their heartfelt sympathy for the relatives of the deceased; now, therefore, be it Resolved by the Senate, the Assembly concurring, That when we adjourn on Friday, February 9, 1923, we do so out of respect for the memory of the late senators; and be it further Resolved, That a copy of this resolution be spread upon the journals of the senate and assembly; that a copy thereof be transmitted to Mrs. J. D. Campbell and to Mrs. L. N. Carpenter, and that a copy thereof be transmitted to the Nevada historical society. |
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Memorializing Congress to adopt and submit U. S. constitutional amendment regulating employment of child labor in industries |
[Senate Joint Resolution No. 5Senator Chapin]
No. 9Senate Joint Resolution, memorializing Congress to adopt and submit to the several states of the Union an amendment to the constitution of the United States authorizing Congress to regulate the employment of child labor in the industries of the United States.
[Approved February 15, 1923]
Whereas, The United States Census Bureau in its occupational canvass of the people of the United States for the year 1920 reports the employment of 1,060,858 children between the age of ten and fifteen, inclusive, 413,549 of whom are employed in occupations other than agriculture; and Whereas, Congress has attempted to regulate the employment of children in the mines and factories under the commerce clause of the constitution by prohibiting transportation of child-produced commodities (United States Statutes, C. 432, 64th Congress, 1st Session), which statute the United States Supreme Court in Harmer v. Dagenhart, 247 U. S. 251, has declared to be beyond the scope of the said commerce clause of the constitution and therefore void; and Whereas, Congress thereupon included in the Revenue Act (United States Statute, 40 at large 1057-1138, Chap. 18 Comp. St. Par. 6336 7/8a) of the Sixty-fifth Congress a provision authorizing the collection of a ten per cent tax upon net income of industries producing commodities into the production of which entered the labor of a child, which statute when reviewed by the United States Supreme Court in Baily v. Drexel Furniture Company, 66 U. S. ....., found in Advance Opinions of the Court for June 15, 1922, page 523, was declared unconstitutional, thereby denying the right of Congress to regulate the employment of children under the right of Congress to levy a tax for revenue purposes; and |
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right of Congress to regulate the employment of children under the right of Congress to levy a tax for revenue purposes; and Whereas, It appearing that Congress is without constitutional authority to universally regulate the employment of child labor in the industries of the United States, although Congress has after careful study of the beneficial results of such regulation attempted so to do; and Whereas, The people of the State of Nevada, through their legislature, have adopted laws similar to those proposed by Congress for the protection of child life and have in addition approved the policy of compelling children to attend school for the first twelve grades, and do not approve of the employment of children in mines under the age of sixteen years; and Whereas, There is now pending before Congress a resolution to submit to the several states an amendment to the constitution of the United States authorizing Congress to regulate and prohibit child labor; therefore, be it Resolved by the Senate, the Assembly concurring, That the senate and house of representatives of the United States be hereby requested to immediately pass such resolution to submit to the states for their approval the amendment to the constitution of the United States prohibiting child labor; and be it further Resolved, That the senators and representative from Nevada be requested to present this resolution and to energetically and actively support the resolution submitting such amendment. |
Memorializing Congress to adopt and submit U. S. constitutional amendment regulating employment of child labor in industry |
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[Assembly Joint Resolution No. 17Thirtieth Session]
No. 10Assembly Joint Resolution, relative to amending section 8, article 8, of the constitution of the State of Nevada.
[Approved February 23, 1923]
Resolved by the Assembly, the Senate concurring, That section 8 of article 8 of the constitution of the State of Nevada be amended so as to read as follows: Section 8. The legislature shall provide for the organization of cities and towns by general laws and shall restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, except for procuring supplies of water; provided, however, that the legislature may, by general laws, in the manner and to the extent therein provided, permit and authorize the electors of any city or town to frame, adopt and amend a charter for its own government, or to amend any existing charter of such city or town. |
Proposed constitutional amendment from 30th session; second passage by legislature |
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Praying Congress to liberalize repayment requirements in Newlands project |
[Assembly Joint Resolution No. 5Miss Towle]
No. 11Assembly Joint Resolution, memorializing Congress to liberalize repayment requirements under the federal reclamation act.
[Approved February 23, 1923]
Whereas, It appears conclusively that a considerable majority of unit holders on the Newlands project in Nevada are now and will continue to be unable to meet present statutory requirements for repayment of project costs; and Whereas, Due largely to adverse agricultural and economic conditions, a majority of unit holders on this Nevada project are unavoidably delinquent in relation to payment of current operation and maintenance charges; and Whereas, The federal reclamation act and acts amendatory thereof impose penalties ranging from six to twelve per centum per annum on such delinquent construction and operation and maintenance cost payments; and Whereas, By reason of conditions herein set forth large numbers of unit holders have been obliged to dispose of their equities at great loss to themselves, and, unless substantial and immediate relief is afforded, an increasing number of unit holders on this Nevada project must inevitably be forced in the future to sacrifice the fruit of substantial investments and many years of hard labor; and Whereas, The entire scheme or policy of federal reclamation will be greatly advanced by proper treatment of unit holders already on federal reclamation project lands; now, therefore, be it Resolved by the Assembly of the State of Nevada, the Senate concurring, That the Congress of the United States be memorialized to enact legislation for the purpose of which shall be: (a) To provide additional time for the repayment of construction and operation and maintenance charges to the United States. (b) For the withdrawing of public-land notices announcing the dates and time for the commencement of payment of construction and operation and maintenance charges on reclamation projects; crediting construction charges already paid to delinquent operation and maintenance charges; reducing the penalty for delinquent repayments from twelve to six per cent per annum; providing that no public notices be reissued until the secretary of the interior by a commission determines through investigations held on the project the financial and economic conditions of the farmers on said projects, together with the physical condition of the farm units, and recommends the date on which public notice shall be issued. (c) That the time of repayment of construction charges as provided for in the reclamation extension act be extended to not less than forty years, that lands be classified as to producing value, and that the period of repayment be graduated and based upon said classification; be it further |
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to not less than forty years, that lands be classified as to producing value, and that the period of repayment be graduated and based upon said classification; be it further Resolved, That a copy of this memorial be sent to senators and representatives in Congress, representing the State of Nevada. |
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[Senate Joint Resolution No. 6Senator Getchell]
No. 12Senate Joint Resolution, relative to the silver-mining industry.
[Approved March 1, 1923]
Whereas, Silver is one of the great national resources of the United States; and Whereas, The American continent produces ninety per cent of the silver of the world, of which amount the United States has been and is capable of producing nearly one-half; and Whereas, Silver form the beginning of history has been one of the most potent forces in the economic development of the world; and Whereas, Nations have prospered very largely in proportion to the development of their metal mines; and Whereas, Silver is generally found in combination with gold, copper, lead, zinc and other metals, and a high value of silver tends to an increased production of other metals as well as silver; and Whereas, During the last five centuries there has been produced but slightly over twelve billion ounces of silver in the entire world, or about six ounces per capita for the worlds population, and the ratio of its production to gold for that time has been almost precisely fifteen ounces of silver to one ounce of gold; and Whereas, By reason of the action of certain European political influences for selfish purposes, the price of silver has been steadily beaten down from a normal price, as compared with gold, of $1.33 an ounce to below 50 cents per ounce, thereby causing a loss to the nation in general of billions of dollars and the ruin of innumerable mining enterprises; and Whereas, If unrestricted by hostile legislation and selfish foreign manipulation, the demand for silver in the financial and industrial world is sufficient to stabilize its price relative to its production as compared with gold; and Whereas, The only legislation now existing tending to support the price of silver produced in the United States is the Pittman act, which will shortly expire by limitation, leaving the American silver producer at the mercy of selfish foreign influences unless this nation takes immediate and definite action to protect one of it greatest assets in times both of peace and in war; now, therefore, be it |
Relative to fostering silver mining |
κ1923 Statutes of Nevada, Page 406 (NUMBER 12, SJR 6)κ
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Congress requested to enact legislation favoring silver-mining industry |
definite action to protect one of it greatest assets in times both of peace and in war; now, therefore, be it Resolved by the Senate, the Assembly concurring, That the Congress of the United States be, and it hereby is, requested to give immediate consideration to questions affecting the silver-mining industry; that it adopt legislation continuing in force the Pittman act or some similar legislation for a time sufficient to permit a thorough investigation by Congress of the function of silver in the development of the financial and industrial world, and that the Congress make immediate provision for such a thorough investigation and report; and be it further Resolved, That the secretary of state be, and he hereby is, requested to transmit a copy of this resolution to the President of the United States, to the Congress of the United States, to our senators and representative in Congress, and to the governors of the several states. |
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Relative to construction of highways over federal public lands
Nontaxable acreage of states |
[Assembly Joint Resolution No. 9Committee on Roads and Highways]
No. 13Assembly Joint Resolution. Memorial to the Congress of the United States praying for an appropriation to provide for the construction of public roads leading into and through national forests, Indian reservations and other public-land areas.
[Approved March 5, 1923]
To the honorable senate and house of representatives in the Congress of the United States of America, your memorialists, the members of the thirty-first legislative assembly of the State of Nevada, the senate and house concurring, respectfully represent:
Whereas, There are in the thirteen public-land states of the northwest 382,032,487 acres of unappropriated and unreserved public lands, Indian reservations and national forest areas, that are nontaxable and that do not contribute to the building of public roads except the 25 per cent of the gross proceeds of the forests, which is only a negligible amount. The nontaxable acreage of these states is as follows: Arizona ................................................................................................. 48,692,722 California .............................................................................................. 38,173,917 Colorado ............................................................................................... 24,562,927 Idaho ..................................................................................................... 27,366,215 Minnesota .............................................................................................. 1,855,548 Montana ............................................................................................... 30,829,638 Nevada ................................................................................................. 58,453,899 New Mexico ......................................................................................... 30,418,359 |
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Oregon .................................................................................................. 27,384,757 South Dakota ......................................................................................... 4,386,100 Utah ...................................................................................................... 39,207,579 Washington ......................................................................................... 15,357,519 Wyoming ............................................................................................. 34,343,307 382,032,487 acres
Whereas, Indian reservations, forests reserves, and other public lands stretch across county, state and interstate highways, becoming insurmountable barriers to highway improvement, community and state development; and Whereas, In many counties of the public-land states from fifty to seventy-five per cent of their area is nonassessable public-land area, affording no taxes for schools and roads; and Whereas, Under the provisions of United States senate bill No. 1072 there was enacted a law November, 1921, providing for an appropriation of $75,000,000; $15,000,000 of which was to be applied on roads in national forests and leading into national forests; and Whereas, Highway projects in the public-land states initiated under this appropriation must halt unless another appropriation is made to effect their completion. Therefore be it Resolved, That the Congress of the United States be memorialized to make a further appropriation for roads in and leading into national forests, in and through Indian reservations; and be it further Resolved, That copies of this memorial be transmitted by the secretary of state to the President, the secretary of the interior, the forest service department of agriculture, the bureau of public roads, the United States senators and member of Congress, and the governors of the thirteen public-land states. |
Nontaxable acreage of states
Congress memorialized to make further appropriation for roads |
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[Senate Joint Resolution No. 2Thirtieth Session]
No. 14Senate Joint Resolution, relative to amending article 1 of the constitution of the State of Nevada, by striking out section sixteen thereof.
[Approved March 5, 1923]
Resolved by the Senate, the Assembly concurring, That article 1 of the constitution of the State of Nevada be amended by striking out section sixteen (16) thereof. |
Proposed constitutional amendment from 30th session; second passage by legislature |
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κ1923 Statutes of Nevada, Page 408κ
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Regarding construction of Spanish Springs reservoir
Praying secretary of the interior to act promptly |
[Senate Joint Resolution No. 10Senator Vencill]
No. 15Senate Joint Resolution, relative to the construction of Spanish Springs reservoir.
[Approved March 5, 1923]
Whereas, Under date December 21, 1922, the secretary of the interior approved as to form a contract between the United States and the Canyon power company providing for the lease of the Lahontan power plant in the Newlands reclamation project; and Whereas, Such contract removes a serious obstacle to the construction of the Spanish Springs reservoir by amicably adjusting conflicting claims to water rights of the Truckee river; and Whereas, The Canyon power company, on January 29, 1923, duly executed said contract and that said contract is now before the secretary of the interior for his signature on behalf of the United States government; and Whereas, The board of directors of the Truckee-Carson irrigation district, which district comprises said Newlands reclamation project, did, at a meeting of said board on the 5th day of February, 1923, unanimously endorse and approve said contract; and Whereas, It is the sense of this body that the construction of the proposed Spanish Springs reservoir will greatly benefit the Newlands project and the entire State of Nevada, and the general welfare of its people; now, therefore, be it Resolved by the Senate, the Assembly concurring, That the secretary of the interior be and he hereby is requested to give immediate consideration to the signing and execution of said contract for and on behalf of the United States government in order that the early construction of the proposed Spanish Springs reservoir may be commenced and completed; and be it further Resolved, That the governor of the State of Nevada be and he hereby is requested to transmit a copy of this resolution to the secretary of the interior, and to our senators and representative in Congress. |
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Relative to receivership of State bank and trust company |
[Senate Joint Resolution No. 7Senator Fitzgerald]
No. 16Senate Joint Resolution, relative to the receivership of the State bank and trust company.
[Approved March 8, 1923]
Whereas, The State bank and trust company went into the hands of a receiver over fifteen years ago and the present receiver, Frank L. Wildes, was thereupon appointed in such capacity and has served as such until the present date; and Whereas, He has failed to bring to a successful conclusion the affairs of the said estate, although he is alleged to have received approximately ninety thousand ($90,000) dollars for his services in such capacity; and |
κ1923 Statutes of Nevada, Page 409 (NUMBER 16, SJR 7)κ
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the affairs of the said estate, although he is alleged to have received approximately ninety thousand ($90,000) dollars for his services in such capacity; and Whereas, It appears that if the said receivership is continued in the same hands as in the past the balance of the assets of said receivership, amounting to approximately fifty thousand ($50,000) dollars, will be consumed in expenses and attorney fees, thereby depriving the creditors and depositors of said bank of the benefit that should come from the disposition of said assets; and Whereas, The state bank examiner of Nevada is qualified in every respect to act as such receiver for the said State bank and trust company and his service in such capacity would eliminate much of the cost and fees for services of receivership in the matter of the said estate; now, therefore, be it Resolved, That the legislature of Nevada earnestly recommends to the judge of the First district of the State of Nevada, having jurisdiction over said receivership matter, that in appointing a successor to the said Frank L. Wildes as receiver of the State bank and trust company he appoint to said position the said state bank examiner of Nevada, thereby materially reducing the cost of administration; and this recommendation is respectfully submitted for the purpose of conserving the assets of the said estate and bringing the receivership thereof to an early conclusion. |
Recommending appointment of state bank examiner as such receiver |
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[Senate Joint Resolution No. 11Senator Cowles]
No. 17Senate Joint Resolution, relating to public roads.
[Approved March 9, 1923]
Whereas, In the State of Nevada the government of the United States is the owner of almost ninety per cent or more of the lands in the state; and Whereas, In the present highway program the government of the United States is contributing to the building of highways in the proportion which government-owned lands bear to the lands in private ownership; and Whereas, The maintenance of roads in the public-land states will be of benefit to the government of the United States in proportion to the land held by the federal government; now, therefore, be it Resolved by the Senate and Assembly of the State of Nevada, That our senators and representative in Congress be requested to endeavor to obtain such legislation in the national Congress as will authorize the federal government to bear its just proportion of the maintenance of public roads in the public-land states. |
Relative to just proportion of federal government in upkeep of roads on public land |
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κ1923 Statutes of Nevada, Page 410κ
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Proposed constitutional amendment from 30th session; second passage by legislature
Certain revenues to be used for educational purposes |
[Senate Substitute for Senate Joint Resolution No. 5 of the Thirtieth SessionCommittee on Judiciary]
No. 18Senate Joint Resolution, relative to amending section 3 of article 11 of the constitution of the State of Nevada.
Resolved by the Senate, the Assembly concurring, That section 3 of article 11 of the constitution of the State of Section 3. All lands, including the sixteenth and thirty-Nevada be amended so as to read as follows: 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 unless otherwise ordered and directed by law; 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 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; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university. |
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κ1923 Statutes of Nevada, Page 411κ
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[Assembly Joint Resolution No. 12Mr. Kennedy]
No. 19Assembly Joint Resolution, proposing to amend section 20 of article 4 of the constitution of the State of Nevada.
Resolved by the Assembly, the Senate concurring, That section 20 of article 4 of the constitution of the State of Nevada be amended so as to read as follows: Section 20. The legislature shall not pass local or special laws in any of the following enumerated cases-that is to say: Regulating the jurisdiction and duties of justices of the peace and of constables, and fixing their compensation; For the punishment of crimes and misdemeanors; Regulating the practice of courts of justice; Providing for changing the venue in civil and criminal cases; Granting divorces; Changing the names of persons; Vacating roads, town plots, streets, alleys, and public squares; Summoning and empaneling grand and petit juries, and providing for their compensation; Regulating county and township business; Regulating the election of county and township officers; For the assessment and collection of taxes for state, county, and township purposes; Providing for opening and conducting elections of state, county, or township officers, and designating the places of voting; Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities; Giving effect to invalid deeds, wills, or other instruments; Refunding money paid into the state treasury, or into the treasury of any county; Releasing the indebtedness, liability, or obligation of any corporation, association, or person to the state, or to any county, town, or city of this state; but nothing in this section shall be construed to deny or restrict the power of the legislature to establish and regulate the compensation and fees of county officers, to authorize and empower the boards of county commissioners of the various counties of the state to establish and regulate the compensation and fees of township officers in their respective counties, to establish and regulate the rates of freight, passage, toll, and charges of railroads, toll-roads, ditch, flume, and tunnel companies incorporated under the laws of this state or doing business therein. |
Proposal to amend section 4 of article 20 of the state constitution |
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κ1923 Statutes of Nevada, Page 412κ
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Proposal to amend section 3 of article 6 of the state constitution |
[Assembly Joint Resolution No. 14Mr. Marsh]
No. 20Assembly Joint Resolution, proposing to amend section 3, article 6, of the constitution.
Resolved by the Assembly, the Senate concurring, That section 3 of article 6 of the constitution of the State of Nevada shall be amended so as to read as follows: Section 3. The justices of the supreme court shall be appointed by the governor, and shall hold office for the term of six years from, and including, the first Monday of January next succeeding their appointment; such appointment shall be subject to the approval of the senate; in case of a vacancy occurring in the office of justice of the supreme court, by death, resignation or otherwise, an interim appointment shall be made by the governor for the unexpired term, subject likewise to the approval of the senate at its next session; the justice having the shortest term shall be chief justice and after the expiration of this term the one having the next shortest term shall be chief justice, after which the senior justice in commission shall be chief justice. |
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Asking Congress to establish a diplomatic school |
[Assembly Joint Resolution No. 17Mr. Jurich]
No. 21Assembly Joint Resolution, memorializing Congress to create a diplomatic school under the direction of the department of state of the United States of America.
[Approved March 20, 1923]
Whereas, There is at present no provision of law whereby young men may be educated by the government for diplomatic and consular service; and Whereas, It would be greatly to the advantage of this country to have a school established by the government, not only in commercial matters, but also in case of war; therefore, be it Resolved by the Assembly, the Senate concurring, That the legislature of the State of Nevada does hereby memorialize the Congress of the United States to enact a law creating a diplomatic school under the direction of the department of state of the United States of America, so that the students thereof may be sent at government expense to all countries to learn the languages, ways, customs, and manners thereof, so as to fit them for diplomatic and consular service in the employment of the government of the United States of America; and be it further Resolved, That the secretary of state of the State of Nevada is hereby directed to forward duly certified copies of this resolution to each of our senators and to our representative in Congress. |
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κ1923 Statutes of Nevada, Page 413κ
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[Senate Joint Resolution No. 15Senator Sheehan]
No. 22Senate Joint Resolution.
[Approved March 20, 1923]
Whereas, There is now before Congress what is known as the French-Capper Truth-in-Fabric bill (H.R. 64-S. 799); and Whereas, The object of said bill is to compel the branding of all wool cloth to show its proportionate content of virgin wool and of shoddy; and Whereas, We believe that the interests of the State of Nevada and of the United States would be better served by protecting the wool-growing producers of virgin wool than the rag-picking producers of shoddy; and Whereas, We further believe that the enactment of the said measure would have a strong tendency to restrict deceit and profiteering in the sale of woolen goods to the public; now, therefore, be it Resolved by the Senate and Assembly of the State of Nevada, That said measure should receive early and favorable consideration by Congress and the President of the United States; and be it further Resolved, That copies of this resolution, duly certified by the secretary of state, be forwarded forthwith to our senators and representative in Congress. |
Endorsing truth-in-fabric bill now before Congress |
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[Senate Joint Resolution No. 8Senator Getchell]
No. 23Senate Joint Resolution.
Resolved by the Senate and the Assembly of Nevada, That we, for ourselves and for the people of the State of Nevada, do heartily endorse the bill introduced in the national house of representatives by Congressman Towner on April 11, 1921, being H. R. 7, and by Senator Sterling in the United States senate on April 27, 1921, as senate bill 1252, and commonly known as the Towner-Sterling education bill, being a bill to create a department of education, to authorize appropriations for the conduct of said department, to authorize the appropriation of money to encourage the states in the promotion and support of education, and for other purposes. Being deeply conscious that education is the bulwark of freedom and that the proper training and education of our children is of vital importance and not to be compared with the production of food, wealth or power, but transcends and embraces the activities of all the departments of our national government now created and existing; be it further Resolved, That we urge upon our congressman and senators representing the people of the State of Nevada at the national capital to cooperate with Mr. Towner and Mr. Sterling to the fullest extent of their power in securing the enactment of said bill into law; be it further |
Endorsing Towner-Sterling education bill |
κ1923 Statutes of Nevada, Page 414 (NUMBER 23, SJR 8)κ
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Endorsing Towner-Sterling education bill |
capital to cooperate with Mr. Towner and Mr. Sterling to the fullest extent of their power in securing the enactment of said bill into law; be it further Resolved, That the secretary of state be directed to transmit a copy of these resolutions to Honorable William E. Borah, chairman of the senate committee on education, Honorable Simon D. Fess, chairman of the house committee on education, and to each of the senators and congressman representing Nevada in the present Congress. |
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