[Assembly Joint Resolution No. 6 of the Thirty-ninth Session–Mr. Kennett]

No. 1–Assembly Joint Resolution, proposing an amendment to section 1 of article X of the constitution of the State of Nevada.

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That section 1 of article X of the constitution of the State of Nevada be amended to read as follows:

      Section 1.  The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. No inheritance or estate tax shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes.

Constitution amended

Taxation

[Assembly Concurrent Resolution No. 9–Committee on Taxation]

Assembly Concurrent Resolution

      Whereas, Assembly joint resolution No. 6 of the 39th session of the Nevada legislature was duly and regularly introduced in the assembly of the State of Nevada on February 8, 1939, in the following form:

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That section 1 of article X of the constitution of the State of Nevada be amended to read as follows:

      Section 1.  The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal, and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except where one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.

Concurrent resolution relating to assembly joint resolution No. 6 of thirty-ninth session

Concurrent resolution relating to assembly joint resolution No. 6 of thirty-ninth session

shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal, and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except where one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. No inheritance or estate tax, or tax upon property devolving by will or inheritance, or income tax, shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes.

      Whereas, Assembly joint resolution No. 6 then took the usual course of all bills and resolutions, and on the fifty-fifth day of the session, March 11, 1939, came up for third reading and final passage, and the Journal of the 39th session, page 317, shows that the following action was taken on said resolution: Assembly joint resolution No. 6. Amendment proposed by Mr. Kennett: Amend section 1 of assembly joint resolution No. 6 by inserting after the word “the,” in line 15, page 1 of the printed resolution, the word “net.” Mr. Kennett moved the adoption of the amendment to section 1. Amendment adopted. Further amend section 1 by striking out at the beginning of line 22, page 1 of the printed resolution, the words “or income tax.” Mr. Kennett moved the adoption of the amendment to section 1. Amendment adopted. Remarks by Messrs. Kennett and Smith. Messrs. Springer, Cahill, and Brown moved the previous question. Roll call on assembly joint resolution No. 6: Yeas, 27; nays, 5; absent, 6; not voting, 2. Assembly joint resolution No. 6 having received a constitutional majority, Mr. Speaker declared it passed.

      Whereas, Assembly joint resolution No. 6 was then transmitted to the senate of the State of Nevada, where it was received on March 13, 1939, the fifty-seventh day of the session, and took the usual course of all bills and resolutions, and under suspension of the rules was taken up for third reading and final passage, and page 210 of the journal of the senate for the 39th session shows that the following action was taken on assembly joint resolution No. 6:

      Resolution read third time. Amendment proposed by committee on corporations: Amend section 1 of assembly joint resolution No. 6,

joint resolution No. 6, page 1, line 21 of the printed bill, strike out the comma after the word “tax,” being the first word in said line 21, and strike out the following: “or tax upon property devolving by will or inheritance.” Senator Miller moved the adoption of the amendment recommended by the committee. Carried. Resolution, as amended, passed by the following vote: Yeas, 9; nays, 6; absent, Senator Modarelli; not voting, Senator Bell.

      Whereas, The joint resolution was then returned to the assembly, and the assembly journal of March 14, being the fifty-eighth day of the session, on page 347, records that the assembly concurred in the senate amendment; and

      Whereas, As the result of the amendments made in the assembly, and made by the senate and concurred in by the assembly, the clause which originally read, beginning after the period in line 21 of the original printed bill “no inheritance or estate tax, or tax upon property devolving by will or inheritance, or income tax, shall ever be levied,” was changed and amended so that as the resolution was finally adopted by the assembly of the State of Nevada, the senate concurring, the clause should read and in fact does read “no inheritance or estate tax shall ever be levied”; and

      Whereas, In the closing hours of the session when many bills and resolutions were being enrolled, and new and untrained clerks were pressed into service to complete the enrollment of bills and resolutions prior to adjournment, by inadvertence, carelessness, or oversight the clause as set forth hereinabove was incorrectly enrolled and made to read and now reads “no inheritance or estate tax or income tax shall ever be levied,” when the record of the assembly plainly and clearly shows that the words “or income tax” had been stricken from the resolution in the assembly prior to its transmittal to the senate for action; and

      Whereas, The engrossed copy of the resolution, which was transmitted to the assembly of the 40th session of the assembly, together with the enrolled copy of the resolution No. 6, plainly shows that the amendments to the joint resolution, as recorded in the journals of the assembly and the senate, were duly and regularly made, and the engrossed copy plainly shows that the words “or income tax” were stricken out; and

      Whereas, It is plainly evident that there has been a clerical error made in the enrollment of assembly joint resolution No. 6 of the 39th session of the Nevada legislature; and

      Whereas, In order that assembly resolution No. 6 of the 39th session may be properly considered by the 40th session of the Nevada legislature in the exact words in which it was duly and regularly adopted by the 39th session of the Nevada legislature, it is necessary that the enrolled resolution be made to conform to the records of the legislature of the 39th session; and, therefore, be it

Concurrent resolution relating to assembly joint resolution No. 6 of thirty-ninth session

Duties of legislative officers

Certificate of changes made in joint resolution No. 6 of the thirty-ninth session

Nevada legislature, it is necessary that the enrolled resolution be made to conform to the records of the legislature of the 39th session; and, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the speaker of the assembly and the chief clerk of the assembly are hereby authorized, empowered, and ordered to correct the enrolled copy of assembly joint resolution of the 39th session by deleting and striking out the words “or income tax” as found in the enrolled copy of assembly joint resolution No. 6, so that the clause in the enrolled copy will read “no inheritance or estate tax shall ever be levied”; and, be it further

      Resolved, That an enrolled copy of this assembly concurrent resolution shall be attached to and shall become a part of assembly enrolled resolution No. 6 of the 39th session.

      This is to certify that in accordance with assembly concurrent resolution No. 9 of the fortieth session of the Nevada state legislature, directing, empowering, and ordering the speaker of the assembly and chief clerk of the assembly to correct the enrolled copy of assembly joint resolution No. 6 of the thirty-ninth session by deleting and striking out the words “or income tax” as found in the enrolled copy of said resolution, we have this day caused to be drawn through and have drawn through the words “or income tax” as found in the enrolled copy of said assembly joint resolution No. 6 two red lines striking out the words designated, in accordance with the provisions of said assembly concurrent resolution No. 9.

      This certification is attached to assembly concurrent resolution No. 9 of the fortieth session and assembly joint resolution No. 6 of the thirty-ninth session to indicate that the provisions of the concurrent resolutions have been carried out.

           E. C. Mulcahy,                                                                William J. Cashill,

Chief Clerk of the Assembly.                                                         Speaker of the Assembly.

                                                       State of Nevada

                                          Office of Secretary of State

      Received and filed 11 p. m. March 20, 1941.

                                                                                                       Malcolm McEachin,

                                                                                                                       Secretary of State.

[Assembly Joint Resolution No. 1–Mr. Boak]

No. 2–Assembly Joint Resolution, proposal to amend article IV, section 12, of the constitution of the State of Nevada.

      Resolved by the Assembly, the Senate concurring, That section 12 of article IV of the constitution of the State of Nevada be amended to read as follows:

      Sec. 12.  In case of the death or resignation of any member of the legislature, either senator or assemblyman, the county commissioners of the county from which such member was elected shall appoint a person of the same political party as the party which elected such senator or assemblyman to fill such vacancy; provided, that this section shall apply only in cases where no biennial election or any regular election at which county officers are to be elected takes place between the time of such death or resignation and the next succeeding session of the legislature.

Vacancies, how filled

[Assembly Joint Resolution No. 7–Mr. Dow]

No. 3–Assembly Joint Resolution, relative to memorializing and petitioning Congress to enact legislation giving to draftees and others entering the military and naval service of the United States adequate insurance protection for themselves in the form of permanent total disability insurance as well as life insurance protection.

[Approved March 24, 1941]

      Whereas, From 1919 up to and including October 8, 1940, persons entering the military and naval service of the United States were given the privilege of applying for United States government (converted) life insurance, including the permanent total disability features thereof, which protected the soldier himself; and

      Whereas, Congress in the passage of the national service life insurance act of 1940, approved October 8, 1940, provided in section 611 of said act that “no United States government life insurance shall be granted hereafter to any person under the provisions of section 300 of the world war veterans’ act of 1924, as amended”; and

      Whereas, The national service life insurance act does not provide permanent total disability benefit features or protection for the soldier himself and protects only the dependents and near relatives of the soldier; and

      Whereas, It is estimated that ninety percent of those hereafter entering the military and naval service will be without dependents, and therefore not in need of such insurance but are in need of insurance with permanent total disability features protecting the soldier himself; and

Memorializing Congress relating to soldier insurance

Memorializing Congress relating to soldier insurance

      Whereas, Experience during and since the world war has adequately proved and demonstrated the merits of permanent total disability features of government insurance, particularly as relates to the so-called “misconduct” cases, which are noncompensable for both compensation and pension, thereby taking care of those unfortunates who would otherwise be thrown upon the local communities for care and sustenance; and

      Whereas, It appears that in the passage of the national service life insurance act of 1940, including section 611 thereof which prevented further application for United States government life insurance with total permanent disability features thereof, those persons, including national guard units entering federal service after October 8, 1940, were discriminated against and were denied the privilege of taking out United States government (converted) life insurance with permanent total disability features thereof, whereas those persons, including national guard units entering federal service prior to October 8, 1940, were allowed and permitted to take out such insurance; and

      Whereas, We believe in order to give to every commissioned officer and enlisted man and every member of the army nurses corps (female) and the navy nurses corps (female) when employed in active service under the war department or navy department, proper protection for themselves and their dependents, the United States should again permit such persons, including draftees, the opportunity to apply for and be granted either national service life insurance or United States government (converted) life insurance with permanent total disability features as now constituted; now, therefore, be it

      Resolved by the Assembly and the Senate of the State of Nevada jointly, That the legislature of the State of Nevada hereby memorializes and petitions Congress to enact legislation which will provide that such persons so entering the military and naval service of the United States, including draftees, shall be given the opportunity of taking either national service life insurance or United States government (converted) life insurance, including the permanent total disability features thereof; and be it further

      Resolved, That a copy of this joint resolution be transmitted to the president of the United States, to the vice president of the United States, and to each member of the senate and the house of representatives of the United States, and that the senators and representative representing the State of Nevada in Congress be urged actively to support such legislation.

[Assembly Joint Resolution No. 8–Mr. Lewis]

No. 4–Assembly Joint Resolution, memorializing Congress to issue a special stamp in commemoration of the memory of the late Senator Key Pittman.

[Approved March 24, 1941]

      Whereas, The people of the State of Nevada wish to express their respect and admiration for their late senior senator and to acknowledge their esteem for the great services he performed twenty-eight years in Washington; and

      Whereas, As a great leader and an international figure he was a great influence in the powerful foreign relations committee and at the time of his death was vice president pro tempore of the United States Senate; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress of the United States be and it is hereby memorialized to issue, or cause to be issued, a special stamp containing appropriate reference to the late Senator Key Pittman; and be it further

      Resolved, That our senators in the United States senate, our representative in Congress and the postmaster general of the United States be urged to use all legitimate means to the furtherance of the object of this resolution; and be it further

      Resolved, That duly certified copies of this resolution be transmitted by the secretary of the State of Nevada to each of our senators, to our representative in Congress, to the president of the United States, to the speaker of the house of representatives, and to the postmaster general of the United States.

Memorializing Congress to issue special stamp in memory of Senator Key Pittman

[Assembly Joint Resolution No. 9–Mrs. Williams]

No. 5–Assembly Joint Resolution, memorializing the Congress of the United States to enact amendments to the social security acts to require that all costs of public assistance furnished to the members of the several Indian tribes be paid by the federal government, and to adjust the matter of relieving Indian-owned property in the State of Nevada from taxation.

[Approved March 26, 1941]

      Whereas, The western movement of the American and increase in population of the United States has forced and caused the American Indians to give up their homes in the eastern and middle western states and to migrate to the several western states, including the State of Nevada, and as a result the several Indian tribes are no longer a national problem, but have become a problem peculiarly applicable to the western states wherein they reside; and

Memorializing Congress to assume costs of public assistance furnished Indians

Memorializing Congress to assume costs of public assistance furnished Indians

problem, but have become a problem peculiarly applicable to the western states wherein they reside; and

      Whereas, The American Indians have always been considered wards of the federal government and have been protected and regulated by the federal government; and

      Whereas, The American Indians in the State of Nevada are classified, considered and determined to be citizens of the United States; and

      Whereas, As such citizens of the United States they are entitled to all the benefits, privileges and immunities of laws of the United States, and in particular those certain congressional acts relating to social security; and

      Whereas, The Indian service has purchased lands throughout the State of Nevada for the use and benefit of the American Indians domiciled in this state, which said lands are exempt from taxation; and

      Whereas, The amount of taxable property in the several counties has been materially reduced, as a result of such purchases by the Indian service in the amount of one million acres, which said acreage constitutes a very large percentage of the best agricultural land in the State of Nevada, resulting in the withdrawal from the tax rolls of the State of Nevada of something in excess of two million dollars of taxable property; and

      Whereas, The American Indians in this state do at the present time contribute but a small proportion of their just share of taxes in this state; and

      Whereas, An unjust burden has been placed upon the people of the State of Nevada through their being required to contribute to the support of the American Indians, as required by the social security act; and

      Whereas, The federal social security board has recognized the unjust burden which has been placed upon the peoples of the several states, in that it has recommended to the Congress of the United States that all public assistance, which includes the aged, dependent children and the blind, insofar as it deals with the American Indians, be paid wholly by the federal government; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress of the United States be petitioned to amend the social security acts so as to provide that all costs of public assistance which includes the aged, dependent children and the blind, insofar as it directly affects American Indians, be paid by the federal government, but that all matters relating to the administration of such social security act shall be detailed to the state welfare department, heretofore created for the purpose of administering such acts, and that the federal government pay to the state welfare departments of the several states a sum equal to ten (10%) percent of all funds so disbursed to the American Indians, as and for costs of administration; and be it further

ten (10%) percent of all funds so disbursed to the American Indians, as and for costs of administration; and be it further

      Resolved, That the people of the State of Nevada feel that this inflicts a hardship upon the taxpayers that was not intended by the government of the United States, and that an adjustment between the withdrawal of revenue and the payment of pensions to Indians would be fair to the taxpayers of the State of Nevada and the government of the United States; and be it further

      Resolved, That duly certified copies of these resolutions be forwarded to the president of the United States, to our senators and congressman at Washington, D. C., and that copies of this resolution, certified by the proper officers of the senate and assembly of the State of Nevada, be transmitted to the several western states.

Memorializing Congress to assume costs of public assistance furnished Indians

[Assembly Joint Resolution No. 10–Mr. Kispert]

No. 6–Assembly Joint Resolution, memorializing Congress to set aside a suitable area for recreation purposes on the shore of Lake Tahoe, in the State of Nevada.

[Approved March 28, 1941]

      Whereas, All the shore areas on the Nevada side of Lake Tahoe are being rapidly acquired by individuals who are using the same for commercial purposes; and

      Whereas, There is only a small area of government land available on the Nevada side of Lake Tahoe that can be acquired for recreational purposes; and

      Whereas, The population of the State of Nevada in the western part thereof is rapidly growing, and the people feel that the natural beauty and scenery of the shores of Lake Tahoe ought to be used for the health and recreation of the people of the State of Nevada; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress of the United States be petitioned to take the necessary steps to have set aside for health and recreational purposes a suitable area upon the easterly side of Lake Tahoe in the State of Nevada, as recreational grounds for the public, to be placed under the supervision of the department of agriculture, United States forest service; and be it further

      Resolved, That our senators in Washington and our representative in Congress be petitioned to use all honorable means to carry into effect the purposes and the intents of this resolution; and be it further

      Resolved, That properly certified copies of this resolution be forwarded to our senators and our representative in Congress,

Memorializing Congress to set aside recreational areas at Lake Tahoe

be forwarded to our senators and our representative in Congress, that they may have evidence of the wishes of the people of the State of Nevada.

Memorializing Congress regarding excess profit taxes on producers of gold and silver

[Senate Joint Resolution No. 3–Senator Wittenberg]

No. 7–Senate Joint Resolution, memorializing Congress to exempt the gold and silver industry from the excess profits tax of 1940 and years subsequent thereto.

      Whereas, The federal Congress by congressional enactment, sometime during the year 1940, passed what is commonly known as the excess profits tax act; and

      Whereas, Said excess profits tax act is equally applicable to all persons, corporations, and associations doing business throughout the State of Nevada, the United States of America, in that it places a tax upon all such persons, corporations, and associations earning profits in excess of eight (8) per centum; and

      Whereas, Said excess profits tax act is distinctly burdensome and deleterious to the gold and silver mining industry in the State of Nevada; and

      Whereas, By virtue of said act capital is discouraged and dissuaded from financing, aiding, and assisting in the development and working of such mines throughout the State of Nevada; and

      Whereas, Such new capital is necessary for the continued development and production of gold and silver in this State and the United States; and

      Whereas, The gold and silver industries are noncompetitive and are, therefore, not within the purpose, intent, and design of said excess profits tax act; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That Congress be memorialized to amend said excess profits tax act by exempting from the provisions thereof all those certain persons, corporations, and associations engaged in the production of gold and silver, for the year 1940, and years subsequent thereto; and be it further

      Resolved, That it is the sense of the Senate and Assembly of the State of Nevada that such is for the best interests of the mining industry of the United States, and those engaged in mining; and be it further

      Resolved, That duly certified copies of these resolutions be transmitted by the secretary of state to the president of the United States, to the speaker of the house of representatives, to each of the United States senators from Nevada, and to the Nevada representative in Congress.

[Senate Joint Resolution No. 7–Lyon County Delegation]

No. 8–Senate Joint Resolution, memorializing Congress to reduce interest charges from 4% to 3% on loans which the reconstruction finance corporation makes to irrigation districts and others similarly situated.

[Approved February 25, 1941]

      Whereas, Walker river irrigation district, of Lyon County, Nevada, has been refinanced through a loan from the reconstruction finance corporation, which refinancing has greatly aided the district in meeting its financial obligations; and

      Whereas, While said members of Walker river irrigation district are most appreciative of the assistance received through the above-mentioned refinancing, they find that the lower and still lower prices being received by the farmer for his agricultural products is making it extremely difficult for him to pay the expenses of production, meet his taxes, and provide a modest living for himself and family; and

      Whereas, While the districts are now paying interest at the rate of 4% per annum on their loans, the federal government has at the same time through provisions of the Bankhead-Jones act loaned to farmers some $35,000,000 for the purchase of land, such loans bearing interest at the rate of 3% per annum; and

      Whereas, The difference of 1% in the annual interest rate will still further aid the distressed farmer and would lessen the discrimination between the two classes of loans, one being to enable the farmer to purchase more land, and the other to prevent the farmer from losing the land he now owns; and

      Whereas, The farmers within these districts pay the same interest rate as farmers outside of the districts on any loans they make through and from any governmental agency, in addition to the four (4%) percent they are now paying on loans from the R. F. C. The interest on first mortgages and four (4%) percent on loans from the R. F. C. make a total of approximately nine (9%) percent that farmers who have first mortgages on their lands are now paying, which is absolutely prohibitive under the present prevailing low prices for farm products; now, therefore, be it

      Resolved, That the Congress be memorialized to enact such legislation as will reduce the interest charges from four (4%) percent to three (3%) percent on loans which the Walker river irrigation district of Lyon County, Nevada, and other such similar districts have received from the reconstruction finance corporation; and be it further

      Resolved, That our senators in the United States senate and our representative in Congress be requested to use all honorable means to carry out the intent of this resolution for the benefit of the farmers; and be it further

Memorializing Congress to reduce interest rate for irrigation districts

honorable means to carry out the intent of this resolution for the benefit of the farmers; and be it further

      Resolved, That the secretary of state be, and he is hereby, authorized and directed to transmit duly certified copies of this resolution to our senators and representative in Washington, D. C., and to the president of the United States senate and to the speaker of the house of representatives.

Memorializing Congress regarding embargoes on shipments of animals from countries where hoof-and-mouth disease exists

[Senate Joint Resolution No. 4–Senator Dressler]

No. 9–Senate Joint Resolution, relative to the importation of livestock and dressed meats from countries wherein the hoof-and-mouth disease is prevalent, and its relation to the national defense program.

[Approved February 28, 1941]

      Whereas, There have been seven outbreaks of foot-and-mouth disease in the United States since 1900, with the outbreak of 1914 having spread to twenty-two states and the District of Columbia, while in the California outbreak of 1924 the disease spread to the deer ranging on the national forest where it became necessary to establish forty-two camps and employ two hundred and forty hunters to kill the deer running on this range, amounting to a total of 22,214 animals; and

      Whereas, The tremendous ravages of this disease are evident in the number and variety of species of animals affected, which included domestic cattle, hogs, sheep, and goats, as well as deer, elk, and antelope among wild animals, and where it was proven that horses, dogs, cats, and coyotes were dangerous as carriers of the infection, and that even man himself might become a carrier; and

      Whereas, It was estimated by Dr. John R. Mohler, chief of the bureau of animal industry, that the total cost to this country of the seven outbreaks occurring since 1900 exceeded two hundred million dollars; and

      Whereas, The continental United States has been free from the disease since the California outbreak of 1929, which was traced directly to swine fed on garbage unloaded from a ship just returned from Buenos Aires, Argentina; and

      Whereas, An outbreak of hoof-and-mouth disease at this critical time would, through its repercussions and direct and indirect consequences, gravely affect and jeopardize the success of our national defense program; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Congress of the United States be memorialized and strongly urged to oppose any modification of existing embargoes applying to all countries where hoof-and-mouth disease exists; and be it further

      Resolved, That duly certified copies of this resolution be transmitted to the president of the United States and to our senators and member of Congress at Washington, D. C.

[Senate Joint Resolution No. 6–Committee on Agriculture]

No. 10–Senate Joint Resolution, memorializing the Congress of the United States to make provision for a more adequate system of farm-to-market roads as a part of the defense program of the nation.

[Approved March 10, 1941]

      Whereas, A program of national defense has been inaugurated, the objective of which is to utilize various important functions of our economic life, to the end that the best interests of all be served; and

      Whereas, The Congress of the United States has adopted an extensive preliminary program for the defense of the nation and as a part thereof has made appropriations for the construction and reconstruction of highways designed for the direct use of military units, but has overlooked all consideration of the basic industry of agriculture and the making of an appropriation for improving secondary or farm-to-market roads as a part of such defense program; and

      Whereas, Agriculture is a basic industry in supplying foodstuffs, fiber, and the raw materials and finished products which must be immediately available as an essential of national defense; and

      Whereas, The benefits which may be derived from and the usefulness of agricultural products are in direct proportion to the facility with which such products may be transported from farms and ranches to the points of consumption, and an adequate system of feeder roads from farms and ranches to markets must be provided if agriculture is to take its proper place in any measure for defense; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress be memorialized to make an adequate appropriation for the immediate construction and the improvement of farm-to-market roads for the rapid transportation of agricultural products to the place of use, as a part of the national defense; and be it further

      Resolved, That duly certified copies of this resolution be transmitted by the secretary of state to the president of the United States, to the senate of the United States, and to the house of representatives in the Congress of the United States, to the Nevada congressional delegation, and to the secretary of war and the secretary of the navy as the authorized national defense agency,

Memorializing Congress to provide farm-to-market roads

secretary of war and the secretary of the navy as the authorized national defense agency, to the secretary of agriculture, and to the administrator of the federal works agency.

Memorializing legislature of California to complete highway route 24

[Senate Joint Resolution No. 5–Senator Heidtman]

No. 11–Senate Joint Resolution, memorializing the legislature of the State of California to include portion of state route 24 in California state highway program for completion at an early date.

[Approved March 15, 1941]

      Whereas, Two decades ago, when a coordinated effort to establish a transcontinental route for highway travel was being formulated throughout the Nation, the residents of Nevada and California began to assume an active interest in the movement, and as a result of much correspondence between the officials of both states regarding the allocation of both primary and secondary routes connecting the states, a meeting was arranged between California officials headed by the then governor of that state, the Hon. William D. Stephens, and a group of officials representing the interests of Nevada; and

      Whereas, After surveying the possibilities of various suggested routes, Governor Stephens gave his approval to a route designed to connect the primary transcontinental route passing through the city of Reno, in Nevada, with a secondary highway from that point to a connection with the Sacramento valley and coastal points, and declared that if and when the State of Nevada had completed the Nevada unit to the state line it would be met with an adequate connection in California; and

      Whereas, Since the date of that original agreement and declaration, Nevada has found it necessary to complete such a route, and later to reconstruct it to a higher standard, while the State of California has refrained thus far from constructing such a connection in its entirety across the lowest elevation of the Sierra range, and the section between Hallelujah station, on U. S. route 395, and Beckwourth pass, on state route 24, continues to remain on the old alignment built as a wagon road in pioneer days by Lassen County, in that state, and which is regarded as both dangerous and unsatisfactory in the light of present-day standards; therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the legislature of the State of California be memorialized to include the neglected portion of the state route 24, heretofore complained of as being dangerous and inadequate, in the California state highway program for completion at an early date, to the end that the agreement entered into so many years ago may be carried out and for the best interests of the residents of both states; and be it further

completion at an early date, to the end that the agreement entered into so many years ago may be carried out and for the best interests of the residents of both states; and be it further

      Resolved, That duly certified copies of this resolution be promptly forwarded by the secretary of state to the governor of the State of California, to the president of the California senate, to the speaker of the assembly, and to the board of supervisors of Plumas County, California.

[Senate Joint Resolution No. 8–Senator Modarelli]

No. 12–Senate Joint Resolution, memorializing Congress to enact appropriate amendments to present federal statutes requiring federal agencies to comply with state water laws.

[Approved March 15, 1941]

      Whereas, The federal government, in proceedings before the supreme court of the United States, has asserted claim to all the unappropriated waters of nonnavigable streams of the western states, and also that the return flow resulting from the irrigation of federal reclamation projects is the property of the federal government, and therefore free of the sovereign control and supervision of the states in which such waters and projects are located, which is contrary to the fundamental principles of water laws in these several western states; and

      Whereas, Section 8 of the reclamation act contains a definite and specific provision requiring compliance with the water laws and recognizes vested rights acquired thereunder; and

      Whereas, Federal judicial decisions affirm that sovereignty over such waters is vested in the states and not in the United States; and

      Whereas, The flood control act of June 28, 1938, and later acts authorizing the construction of certain public works on rivers for flood control and other purposes; the Pope-Jones act, otherwise known as the “Water Facilities Act,” authorizing the construction of water conservation and utilization projects in the great plains and arid and semiarid regions of the United States; the Case-Wheeler act; the Taylor grazing act; and possibly other acts authorizing the construction by federal agencies of works for the control and use of waters in the western states, contain no statement that the activities of the federal government, under the provisions of these various federal acts, shall be carried out in conformity with state laws covering the ownership, control, and use of the waters of these western states; now, therefore, be it

Memorializing Congress regarding water conservation

Memorializing Congress regarding water conservation

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress of the United States be memorialized to amend these several acts and all similar acts at the earliest possible date to include provisions requiring that in the prosecution of all works designed for water conservation and use the particular federal agency or department involved shall, in all respects, comply with state laws relating to the ownership, control, administration, and use of the waters of these western states; and be it further

      Resolved, That duly certified copies of these resolutions be transmitted by the secretary of state to the president of the United States, the secretaries of the departments of the interior, agriculture, and war, to the president of the United States senate and to the speaker of the house of representatives, to each of the United States senators from Nevada, and to the Nevada representative in Congress, with a request for enactment by the Congress of the United States of amendatory legislation for carrying out the purpose of this resolution.

Memorializing Congress regarding creation of new national parks, etc., without consent of states concerned

[Senate Joint Resolution No. 9–Senator Modarelli]

No. 13–Senate Joint Resolution, memorializing Congress to enact appropriate legislation which will prevent encroachment upon public domain without approval of states affected.

[Approved March 15, 1941]

      Whereas, The economic life of the people depends largely upon available and usable water resources, and the reclamation policy is based on the multiple use of our water resources for irrigation, flood control, power, grazing, domestic, and industrial water supplies and the abatement of stream pollution; and

      Whereas, No dams or reservoirs for the storage of water can be constructed in any national park, and the enormous increase in national parks, and national park areas, particularly in the public land states, constitutes a direct threat to the economic life of our people, not only in respect to water resources, but also as to the use of such areas for forestry, mining, grazing, wild life, and highways; now, therefore, be it

      Resolved, That Congress be memorialized to enact appropriate legislation which will prevent the creation of any new national parks, monuments, or recreation areas, or additions to those now existing, except with the consent of the legislatures of the states concerned, and that Congress be memorialized to oppose the enactment of H. R. 9351, or any other measure which would authorize the president of the United States, in his discretion, to transfer by executive order virtually any or all of the unreserved or unappropriated lands to national park status, thereby prohibiting the use of such areas for water, timber, minerals, grazing, or highway purposes, and locking up the areas exclusively for recreation, education, and inspirational purposes; and be it further

States, in his discretion, to transfer by executive order virtually any or all of the unreserved or unappropriated lands to national park status, thereby prohibiting the use of such areas for water, timber, minerals, grazing, or highway purposes, and locking up the areas exclusively for recreation, education, and inspirational purposes; and be it further

      Resolved, That duly certified copies of these resolutions be transmitted by the secretary of state to the president of the United States, to the president of the United States senate, and to the speaker of the house of representatives, to each of the United States senators from Nevada, and to the Nevada representative in Congress.

[Senate Joint Resolution No. 14–Senator Modarelli]

No. 14–Senate Joint Resolution, memorializing Congress to provide that all silver, whether newly mined, domestic or secondary, should be purchased under silver purchase act and proclamation made thereunder.

[Approved March 26, 1941]

      Whereas, The federal government has established a policy of purchasing newly mined silver which has proved beneficial to the federal government as well as to the silver producing states; and

      Whereas, Confusion has arisen as to the construction and interpretation of the term “silver mined from natural deposits in the United States or a place subject to the jurisdiction thereof”; and

      Whereas, It is the consensus of miners and mining producers that such congressional acts and proclamations issued thereunder should be construed to include silver obtained from mine dumps, tailing ponds, from ore taken from abandoned mines, and silver obtained from slag dumps; now, therefore,

      Be it resolved by the Senate, the Assembly concurring, That Congress be memorialized to amend the silver purchase act so as to clarify the same, and that the term “silver mined from natural deposits in the United States or a place subject to the jurisdiction thereof” shall be construed to mean any silver obtained from mine dumps, tailing ponds, slag dumps and silver ore taken from abandoned mines; and be it further

      Resolved, That duly certified copies of these resolutions be transmitted by the secretary of state to the president of the United States, to the speaker of the house of representatives, to each of the United States senators from Nevada, and to the Nevada representative in Congress.

Memorializing Congress regarding purchase of silver

Memorializing Congress regarding highways under national defense program

[Senate Joint Resolution No. 13–Senator Tallman]

No. 15–Senate Joint Resolution, memorializing the Congress of the United States to allot moneys for the construction of highways strategic for national defense on the basis outlined in the federal aid highway act or on a basis more favorable to the states.

[Approved March 28, 1941]

      Whereas, The federal government has embarked upon a nation-wide program of defense in which the construction of adequate highways is recognized as a primary factor; and

      Whereas, A survey has been made of the highways embraced in the strategic network as established by the national defense agency; and

      Whereas, This survey has shown the need for improvement of these highways to meet the standards established by the national defense agency; and

      Whereas, The improvement to the accepted standard of mine-to-market and farm-to-market roads is as essential in a program for national defense as the improvement of the primary network of war defense highways; and

      Whereas, The expense of providing an adequate system of national defense highways, including farm-to-market and mine-to-market roads, is primarily the obligation of the federal government, representing as it does the interests of all our people, and federal expenditures for such a highway system are proper charges in the defense program; and

      Whereas, The matching of federal funds with state funds has been on a fixed basis under the federal aid highway act for a sufficient period to indicate the reasonableness of such apportionment to both the states and the federal government; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress of the United States be memorialized to allot the moneys appropriated in connection with its defense program for the construction of highways strategic for national defense on the same basis as that in effect in the making of allocations to the states under the federal aid highway act or on a basis even more favorable to the states, because of the national character of highways involved; and be it further

      Resolved, That duly certified copies of this resolution be transmitted by the secretary of state to the president of the United States, to the senate of the United States, and to the house of representatives in the Congress of the United States, to the Nevada congressional delegation, and to the secretary of war and the secretary of the navy as the authorized national defense agency, to the secretary of agriculture, and to the administrator of the federal works agency.

[Senate Joint Resolution No. 12–Senator Tallman]

No. 16–Senate Joint Resolution, memorializing the Congress of the United States to make provision for a more adequate system of mine-to-market roads as a part of the defense program of the nation.

[Approved March 28, 1941]

      Whereas, A program of national defense has been inaugurated, the objective of which is to utilize various important functions of our economic life, to the end that the best interests of all be served; and

      Whereas, The Congress of the United States has adopted an extensive preliminary program for the defense of the nation and as a part thereof has made appropriations for the construction and reconstruction of highways designed for the direct use of military units, but has overlooked all consideration of the basic industry of mining and the making of an appropriation for improving secondary or mine-to-market roads as a part of such defense program; and

      Whereas, Mining is a basic industry in supplying essential elements for the manufacturing of munitions, armaments, and in the supplying of other products which must be immediately available as an indispensable part of national defense; and

      Whereas, The benefits which may be derived from and the usefulness of mining products are in direct proportion to the facility with which such products may be transported from mines to the points of milling and use, and an adequate system of feeder roads from mines to markets must be provided if the mining industry is to take its proper place in any measures for defense; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, That the Congress be memorialized to make an adequate appropriation for the immediate construction and the improvement of mine-to-market roads for the rapid transportation of mining products to the points of milling and use, as a part of the national defense; and be it further

      Resolved, That duly certified copies of this resolution be transmitted by the secretary of state to the president of the United States, to the senate of the United States, and to the house of representatives in the Congress of the United States, to the Nevada congressional delegation, and to the secretary of war and the secretary of the navy as the authorized national defense agency, and to the administrator of the federal works agency.

Memorializing Congress in relation to mine-to-market roads

Cleaning and renovating of legislative chambers

[Assembly Concurrent Resolution No. 1–Mr. Dickerson]

No. 17–Assembly Concurrent Resolution, providing for the cleaning and renovating of the legislative halls, and rooms to be used in connection therewith, in the Nevada state capitol, providing for the appointment of a joint committee, and making an appropriation therefor.

      Whereas, The legislative halls in the state capitol are in need of cleaning and renovating in order to be in keeping with the legislative body and its needs; and

      Whereas, The appropriation of the 1939 legislature was insufficient to have this work completed prior to the convening of the present legislature, and there being no other funds available from which such appropriation might be made; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the speaker of the assembly appoint a committee composed of three members of the assembly to confer with a like committee to be appointed by the senate for the purpose of cleaning and renovating the halls and rooms in the state capitol to be used for legislative purposes, such committee to have full authority to employ suitable persons to carry out the purposes of this resolution.

      To carry out the provisions of this resolution there is hereby appropriated out of the legislative fund of the State of Nevada the sum of twenty-five hundred ($2,500) dollars.

      Said committee is hereby authorized and directed to use so much of such appropriation as may be necessary to carry out the purposes of this resolution, and any sums remaining after the payment of the necessary bills to be incurred by said committee shall revert to the legislative fund.

      The state controller is hereby directed to allow and approve such claims as may be certified by said committee, and the state treasurer is hereby directed to pay the same out of the legislative fund created by the fortieth session of the legislature.

Special adjournment

[Assembly Concurrent Resolution No. 2–Mr. Jones]

No. 18–Assembly Concurrent Resolution.

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That when the respective bodies of the Nevada legislature adjourn on this twenty-second day of January 1941, that they do adjourn until the regular convening hour Monday, January 27, 1941.

[Assembly Concurrent Resolution No. 8–Mr. Dickerson]

No. 19–Assembly Concurrent Resolution.

      Whereas, The roads and highway committee of the assembly of the State of Nevada, together with the roads and highway committee of the senate of the State of Nevada, has appointed and authorized a subfact-finding committee to investigate the state highway department; and

      Whereas, The investigation will entail much effort and time in order to complete an adequate investigation; and

      Whereas, It is impossible to complete the investigation before the termination of the present legislative session; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the subfact-finding committee be authorized to extend its investigation until such time as said committee has completed the investigation. Such committee shall serve without compensation or other allowance.

      That subfact-finding committee shall report back their findings in full at the next session of the legislature.

Subfact-finding committee on highway investigation

[Assembly Concurrent Resolution No. 6–Messrs. Thompson, Farndale, and Whalen]

No. 20–Assembly Concurrent Resolution.

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the chairman of the Nevada industrial commission of the State of Nevada be directed to draw an act which shall be presented at the next session of the legislature, including provisions providing for compulsory industrial insurance and occupational diseases within the act.

Compulsory industrial insurance

[Senate Concurrent Resolution No. 1–Senator Robbins]

No. 21–Senate Concurrent Resolution, providing for the printing of legislative bills and the number thereof.

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state printer be and he hereby is authorized and directed to print twelve hundred and fifty (1,250) copies of every bill or resolution introduced in either house of the state legislature.

Number of bills to be printed

Fact finding committee to investigate state highway department

[Senate Concurrent Resolution No. 2–Senator Tallman]

No. 22–Senate Concurrent Resolution, providing for the fact-finding investigation of the Nevada state highway department, and of such other departments as may be necessary to the accomplishment of the purposes of this resolution; providing for the appointment of a joint committee of the senate and assembly to conduct such fact-finding investigation; authorizing and empowering said joint committee to do all things necessary and proper to the efficient conduct of such investigation, and requiring a report by such joint committee to the Nevada state legislature at its current session of such investigation, together with any recommendations it may deem advisable to be made in connection therewith, or as the result thereof.

      Whereas, The Governor of the State of Nevada has invited the Nevada state legislature now in session to investigate such departments or officers of the State of Nevada as the legislature may deem advisable or desirable; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the committee on highways of the senate and the committee on highways of the assembly be, and they hereby are, constituted and appointed a joint committee of this legislature, and authorized, empowered and directed immediately to make a full and complete fact-finding investigation of, and fully to report to this legislature upon, the following matters relating to the said Nevada state highway department, i. e.:

      Any expenditures made from what are commonly called “highway funds,” and/or funds set aside by law for the purpose of constructing and maintaining the public highways of this state, for the following purposes: Specific traffic count; Highways and Parks bulletin; publicity and advertising; safety division; landscape architect department; police patrol-highway; roadside improvement; common carrier license administration; miscellaneous; referred to on page 44 of the executive budget of 1941, submitted to this legislature by the governor; as well as any other expenditures from highway funds as hereinbefore described for any purpose or purposes whatsoever not properly connected with the construction and maintenance of the public highways of this state. It is hereby made the further duty of said joint committee also to investigate all activities of said Nevada state highway department; that is to say, the nature, purpose and legality of such activities as result in, or have resulted in, the expenditures aforesaid, or any thereof, and also to report to this legislature whether or not such activities, or any thereof, or any such expenditures, or any thereof, are now being directly or indirectly continued or expended in any manner, or for any purpose, not properly connected with the construction and maintenance of highways, or not comformable to law.

also to report to this legislature whether or not such activities, or any thereof, or any such expenditures, or any thereof, are now being directly or indirectly continued or expended in any manner, or for any purpose, not properly connected with the construction and maintenance of highways, or not comformable to law. Said joint committee shall also make such recommendations as it may deem desirable or advisable relating to any of the matters dealt with herein, and shall have full power and authority to do all things necessary and proper to the full and efficient conduct of the investigation hereby authorized and directed.

Fact-finding committee to investigate state highway department