[Rev. 6/2/2018 8:53:19 AM]

RESOLUTIONS AND MEMORIALS

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κ1953 Statutes of Nevada, Page 715κ

 

Resolutions and Memorials

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NUMBER 1, ACR 1

Assembly Concurrent Resolution No. 1–Mr. Hendel

NUMBER 1

ASSEMBLY CONCURRENT RESOLUTION–Pledging support of the people of the State of Nevada to the president of the United States and the national government.

 

      Whereas, This is the day on which Dwight D. Eisenhower will be formally inaugurated as president of the United States; and

      Whereas, It is the duty of every American, regardless of party fealty and family faith, to uphold the national government and the president of the United States at all times, and more particularly when the nation’s honor has been assailed; and

      Whereas, Upon the shoulders of the president of the United States is piled the burden of decisions that may change the whole face of the world; and

      Whereas, The situation in which he is placed is so full of distressing anxieties and so appealing to the sympathy of all good men and good women; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That, addressing our thoughts to our country’s perplexities and problems and our petitions to the Divine Goodness that will guide the president and people in the way that shall lead to our country’s security, we do pledge the State of Nevada and its people to the limit of their resources towards the maintenance of the honor of the nation and the support of our president and the national government; and be it further

      Resolved, That a copy of this resolution, signed by the governor of the State of Nevada, the president of the senate and the speaker of the assembly, be transmitted by telegraph to the president of the United States and that an engrossed copy hereof, certified under the great seal of the State of Nevada, be transmitted by mail to the president of the United States by the secretary of the state.

 

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NUMBER 2, AJR 1 of the Forty-fifth Session

Assembly Joint Resolution No. 1 of the Forty-fifth Session–Messrs. Boak, Bastian, and Buol.

NUMBER 2

[To be voted on in 1954]

 

ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 19, article V, of the constitution of the State of Nevada.

 

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 19 of article V of the constitution of the State of Nevada, be amended to read as follows:


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κ1953 Statutes of Nevada, Page 716 (File Number 2, AJR  1 of the 45st Session)κ

 

      Section 19.  A secretary of state, a treasurer, a controller, and an attorney general, shall be elected at the same time and places, and in the same manner as the governor. The term of office of each shall be the same as is prescribed for the governor. Any elector shall be eligible to either of said offices.

 

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NUMBER 3, AJR 2 of the Forty-fifth Session

Assembly Joint Resolution No. 2 of the Forty-fifth Session–Messrs. Boak, Bastian, and Buol.

NUMBER 3

[To be voted on in 1954]

 

ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 22, article V, of the constitution of the State of Nevada.

 

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 22 of article V of the constitution of the State of Nevada, be amended to read as follows:

      Section 22.  The secretary of state, state treasurer, state controller, attorney general, and superintendent of public instruction shall perform such other duties as may be prescribed by law.

 

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NUMBER 4, AJR 16

Assembly Joint Resolution No. 16–Mr. Hawes.

NUMBER 4

[To be returned to 1955 Legislature for further action]

 

ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 1, article XI, of the constitution of the State of Nevada.

 

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

      Section 1.  The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof.

 

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NUMBER 5, SJR 3 of the Forty-fifth Session

Senate Joint Resolution No. 3 of the Forty-fifth Session–Committee on Finance.

NUMBER 5

[To be voted on in 1954]

 

SENATE JOINT RESOLUTION–Proposing an amendment to section 6 of article XI of the constitution of the State of Nevada.

 

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 6 of article XI of the constitution of the State of Nevada be amended to read as follows:

      Section 6.  In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.


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κ1953 Statutes of Nevada, Page 717 (File Number 5, AJR  3 of the 45st Session)κ

 

maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.

 

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NUMBER 6, SJR 2 of the Forty-fifth Session

Senate Joint Resolution No. 2 of the Forty-fifth Session–Committee on Finance.

NUMBER 6

[To be voted on in 1954]

 

SENATE JOINT RESOLUTION–Proposing an amendment to section 19 of article IV of the constitution of the State of Nevada.

 

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 19 of article IV of the constitution of the State of Nevada be amended to read as follows:

      Section 19.  No money shall be drawn from the treasury but in consequence of appropriations made by law.

 

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NUMBER 7, ACR 5

Assembly Concurrent Resolution No. 5–Mr. Beko.

NUMBER 7

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 17

 

      Whereas, Assembly Bill No. 17 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and

      Whereas, The said bill is defective in certain respects; now therefore be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby requested to return to the assembly for further consideration Assembly Bill No. 17.

 

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NUMBER 8, SJR 7

Senate Joint Resolution No. 7–Senators Whitacre and Lemaire.

NUMBER 8

[To be returned to 1955 Legislature]

 

SENATE JOINT RESOLUTION–Amending section 1 of article XI of the constitution of the State of Nevada.

 

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

      Section 1.  The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for the election by the people, at the general election, of a superintendent of public instruction, whose term of office shall be four years, and whose duties shall be prescribed by law.


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κ1953 Statutes of Nevada, Page 718 (File Number 8, SJR 7)κ

 

by the people, at the general election, of a superintendent of public instruction, whose term of office shall be four years, and whose duties shall be prescribed by law.

 

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NUMBER 9, SJR 8

Senate Joint Resolution No. 8–Senators Whitacre and Lemaire.

NUMBER 9

[To be returned to 1955 Legislature]

 

SENATE JOINT RESOLUTION–Amending the ordinance of the constitution of the State of Nevada.

 

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That the ordinance of the constitution of the State of Nevada be amended to read as follows:

Ordinance

      In obedience to the requirements of an act of the congress of the United States, approved March twenty-first, A. D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention, elected and convened in obedience to said enabling act, do ordain as follows, and this ordinance shall be irrevocable, without the consent of the United States and the people of Nevada:

      First.  That there shall be in this state neither slavery nor involuntary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted.

      Second.  That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property, on account of his or her mode of religious worship.

      Third.  That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States, unless otherwise provided by the congress of the United States.

 

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NUMBER 10, SCR 2

Senate Concurrent Resolution No. 2–Senator Lemaire.

NUMBER 10

SENATE CONCURRENT RESOLUTION–Requesting the return to the senate from the governor’s office of Senate Bill No. 95.

 

      Whereas, Senate Bill No. 95 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and


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κ1953 Statutes of Nevada, Page 719 (File Number 10, SCR 2)κ

 

      Whereas, The said bill is defective in certain respects; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby requested to return to the senate for further consideration Senate Bill No. 95.

 

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NUMBER 11, SJR 12

Senate Joint Resolution No. 12–Senator Johnson.

NUMBER 11

SENATE JOINT RESOLUTION–Memorializing the congress of the United States to approve legislation designed to provide a stabilized market for the products of domestic mines.

 

      Whereas, The base metal mining industry of the United States has suffered serious curtailment, and is threatened with further curtailment, through dumping of lead and zinc from low-wage foreign countries; and

      Whereas, The domestic lead and zinc miner has suffered from the effects of currency devaluation and the monopolistic practices of foreign governments in the purchase and sale of metals; and

      Whereas, Nevada, as well as many other sections of the United States, is in a large measure dependent upon the new wealth created by the mining and processing of these metals for the maintenance of its economy and for the purchasing of commodities needed by Nevada but not produced in Nevada; and

      Whereas, Unemployment and loss of production caused by dumping from low-wage countries is depriving local, county and state governments of much needed tax income; and

      Whereas, The American taxpayer has been called upon to finance the expansion of foreign production of metals and minerals in competition with home production to the detriment of the development of reserves vitally needed in this country for national security; and

      Whereas, Propaganda from Washington during recent years has endeavored, without foundation, to place this country in a have-not class, to the end that tariffs on basic commodities, including metals, should be abandoned; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That the congress of the United States be and it is hereby memorialized to approve legislation for the stabilizing of the market for metals at prices consistent with the prevailing domestic economic level through the enactment of constructive legislation providing for a sliding scale stabilization import tax. This legislation will promote the development of our natural resources and protect our domestic economy in the interest of national security; be it further

      Resolved, That duly certified copies of this resolution shall be forwarded to each member of the Nevada congressional delegation, to the president of the United States senate and the speaker of the house of representatives.

 

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κ1953 Statutes of Nevada, Page 720κ

 

NUMBER 12, SJR 13

Senate Joint Resolution No. 13–Senators Reid and Johnson.

NUMBER 12

SENATE JOINT RESOLUTION–Memorializing the president and the congress of the United States to restore the gold standard and to increase the price of gold commensurate with the present value of the dollar.

 

      Whereas, By constitutional provision, mining was made the paramount industry of the State of Nevada; and

      Whereas, The industry and well-being of many communities in the State of Nevada and the western United States have been seriously impaired due to the present price of gold, established in the year 1934 and since maintained regardless of the increase in the commodity index and cost of living since the year 1939; and

      Whereas, The cost of labor and all other commodities, especially such costs as enter into the production of gold, have increased one hundred percent or more; and

      Whereas, The purchasing power of the dollar has decreased to approximately one-half of what it was in 1939; and

      Whereas, We believe that to stabilize the currency of the nation it will be necessary to return to the gold standard, with a price for gold at a comparable dollar value; and

      Whereas, Our country does not have a gold standard, with gold and the dollar interchangeable at a fixed ratio; and

      Whereas, The living standards of our country have been lowered and are being lowered continuously by unwarranted inflation of the country’s currency; and

      Whereas, The restoration of the gold standard with gold and the dollar freely interchangeable at a fixed ratio would stabilize all living costs, including the cost of labor, materials and commodities as well as the operation of our government; and

      Whereas, All restrictions on the purchase, sale and ownership of gold by American citizens should be removed, in view of the demand for and the price of gold in all foreign countries, in order that gold may seek a natural level to be ascertained by actual sales; and

      Whereas, It is advisable for our government in the best interests of our national economy to not only maintain the present price of $35 per ounce for gold, but to establish a price for gold based upon the present purchasing power of the dollar, which would indicate a price level more than double the price established in the year 1934 and the commodity index of the year 1939; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That the president and the congress of the United States be respectfully requested to restore the gold standard at the earliest practicable time and that the price of gold be reestablished at a price consistent with its present cost of production and the purchasing power of our inflated currency dollar; and be it further

      Resolved, That the secretary of state of the State of Nevada be authorized and directed to transmit properly certified copies of this resolution to the president of the senate, the speaker of the house of representatives, and the representatives of the State of Nevada in the congress of the United States.


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κ1953 Statutes of Nevada, Page 721 (File Number 12, SJR 13)κ

 

representatives, and the representatives of the State of Nevada in the congress of the United States.

 

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NUMBER 13, SJR 14

Senate Joint Resolution No. 14–Committee on Mining.

NUMBER 13

SENATE JOINT RESOLUTION–Urging the establishment of a mine rescue station at Reno, Nevada, by the United States bureau of mines.

 

      Whereas, The United States bureau of mines has mine rescue stations in practically all the western mining states, with the exception of Nevada; and

      Whereas, The states of Nevada and California comprise region III of the United States bureau of mines, for which a mine rescue station is maintained at Berkeley, California; and

      Whereas, The Berkeley mine rescue station is the only United States bureau of mines rescue station set up to provide assistance in Nevada in case of mine disasters; and

      Whereas, The location of the mine rescue station at Berkeley necessitates the moving of mine rescue equipment and personnel, in case of an emergency in Nevada, by truck or airplane across the Sierra Nevada mountains at considerable cost and with the loss of valuable time, especially during the winter months when the mountain area receives heavy snowfalls and when airplane service is sometimes not available; and

      Whereas, The establishment of a mine rescue station at Reno, Nevada, would provide adequate protection for the entire State of Nevada and would provide better protection for many California mining communities as well; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That Mr. J. Howard Bird, chief, accident prevention and health division, United States bureau of mines, 428 Acheson Building, Berkeley 4, California, be memorialized to take whatever steps may be necessary to secure the establishment at Reno, Nevada, of a mine rescue station of the United States bureau of mines; and be it further

      Resolved, That copies of this resolution be sent to the director of the United States bureau of mines in Washington, D. C., and to our congressional delegation in Washington, D. C.

 

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κ1953 Statutes of Nevada, Page 722κ

 

NUMBER 14, AJR 28

Assembly Joint Resolution No. 28–Mr. Higgins.

NUMBER 14

ASSEMBLY JOINT RESOLUTION–Memorializing the congress of the United States to make an appropriation for and to provide for the immediate construction of that portion of the central Arizona project known as the Bridge Canyon dam and Bridge Canyon power plant.

 

      Whereas, The central Arizona project plans for the development of water for irrigation and power development purposes on the Colorado river, and the development of electric energy is of tremendous importance to the southwest and the needs of the defense program of our nation; and

      Whereas, The legislation necessary to forward the project and develop the great area of the Pacific southwest has been bitterly opposed in the courts, and by disputations between the states of Arizona and California over water rights and use of the water involved and it appears that it will be many years before these arguments and disputes can be settled; and

      Whereas, The best interests of the states of the Pacific southwest and the national defense program will be served by the immediate construction of the Bridge Canyon dam and Bridge Canyon power plant, without at this time attempting to make any determination as to the water claims of the service states; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That this body hereby memorialize the congress of the United States to give its immediate approval to the construction of the Bridge Canyon dam and Bridge Canyon power plant, to authorize contracts for the construction of those structures and to make necessary appropriations therefor, for the purpose of impounding the water and generating electricity and without regard to irrigation development; and be it further

      Resolved, That the secretary of state of the State of Nevada is hereby directed to forward certified copies of this resolution to each of our senators and to our representative in congress, to the speaker of the house of representatives and to the president of the senate of the United States.

 

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NUMBER 15, AJR 29

Assembly Joint Resolution No. 29–Mr. Hawes.

NUMBER 15

ASSEMBLY JOINT RESOLUTION–Memorializing the congress of the United States to repeal the excise taxes on communications services.

 

      Whereas, The legislature of the State of Nevada has been giving and is continuing to give study to the effect of the tax burden on utility services; and

      Whereas, Congress has recognized the special burden created by excise taxes on public utility services by the recent elimination of such tax on electrical energy and reduction of the tax on domestic telegraph communications; and


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κ1953 Statutes of Nevada, Page 723 (File Number 15, AJR 29)κ

 

      Whereas, Communication services cannot be considered in the class of a luxury, yet are taxed higher than most luxuries, thus discriminating against the use of communication services; and

      Whereas, The federal excise taxes on communications were initially levied or greatly increased during World War II to help defray war costs and to discourage unnecessary use of communication facilities; and

      Whereas, All such taxes are discriminatory against the long distance user of communication services, and against sections of the country far removed from centers of population for the reason that the tax is calculated as a percentage of the communication charge; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That in their opinion the present excise taxes on communication services are inimical to the maintenance of a reasonably priced and nondiscriminatory public communication service and that, accordingly, the excise taxes on communication services should be repealed or greatly reduced; and be it further

      Resolved, That duly certified copies of this resolution be transmitted by the secretary of state of the State of Nevada to the president of the senate of the United States of America, the speaker of the house of representatives of the United States of America, each of the United States senators from the State of Nevada, and the member of congress from the State of Nevada.

 

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NUMBER 16, ACR 7

Assembly Concurrent Resolution No. 7–Mr. Waters.

NUMBER 16

ASSEMBLY CONCURRENT RESOLUTION–Memorializing Major Max C. Fleischmann.

 

      Whereas, On October 16, 1951, Major Max C. Fleischmann departed this life; and

      Whereas, This being the first session of the Nevada state legislature held since his passing; and

      Whereas, During his lifetime he was a great friend of and philanthropist to the State of Nevada; and

      Whereas, In his will he established a trust fund of $75,000,000 to be known as the “Max C. Fleischmann Foundation,” specifying that said trust fund be used for “The Good of Humanity”; and

      Whereas, To date, Nevada has received major apportionments from the trustees, for such worthy causes as the State Museum; the University of Nevada; Boy Scouts; and the Carson-Tahoe Hospital; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That both houses of the legislature, pause in respect to the memory of Major Max C. Fleischmann; and be it further

      Resolved, That the Nevada state legislature express its deep gratitude to Mrs. Fleischmann and the trustees of the foundation, for their generosity to the State of Nevada; and be it further


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κ1953 Statutes of Nevada, Page 724 (File Number 16, ACR 7)κ

 

      Resolved, That it be the recommendation of this legislature, that the people of Nevada never cease to be aware of and appreciate the great deed of Max C. Fleischmann; and that we perpetuate his memory by ever remembering his words, “For the Good of Humanity”; and be it further

      Resolved, That the secretary of state be authorized and directed to see that duly authenticated copies of this assembly concurrent resolution be forwarded to Mrs. Fleischmann, and the trustees of the “Max C. Fleischmann Foundation.”

 

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NUMBER 17, ACR 8

Assembly Concurrent Resolution No. 8–Messrs. Christensen (Washoe) and Covington.

NUMBER 17

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 223.

 

      Whereas, Assembly Bill No. 223 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and

      Whereas, The said bill is defective in certain respects; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby requested to return to the assembly for further consideration Assembly Bill No. 223.

 

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NUMBER 18, AJR 5

Assembly Joint Resolution No. 5–Mr. Hendel.

NUMBER 18

ASSEMBLY JOINT RESOLUTION–Ratifying a defense plan to provide a secondary line of defense railway from San Pedro, California, to Portland, Oregon, via Hawthorne, Nevada; to provide for reserves of fuel, food, medicine and other supplies, providing locations for storage and other matters connected therewith.

 

      Whereas, In the light of the present situation of world events it appears likely that an outbreak of war on our Pacific coast would generate an exodus of people from the coastal metropolitan cities to certain areas in Nevada, more particularly the area around the eastern part of the Sierra Nevadas; and

      Whereas, The secretary of defense in Washington, D. C., in conjunction with the committee on civil defense for the State of Nevada are presently considering plans of defense; and

      Whereas, It is imperative that we establish large reserves of fuel, food, medicine and other supplies in strategic locations; and

      Whereas, The replacement of trackage on the abandoned Mina, Nevada, to Bishop, California, road bed will complete a direct San Pedro-Hawthorne-Portland east of the Sierra national defense railway by the usage of railroads already serving between these two extreme points.


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κ1953 Statutes of Nevada, Page 725 (File Number 18, AJR 5)κ

 

points. It is requested that the “missing link” in this railway system be filled; therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That the secretary of defense in Washington, D. C., be memorialized to consider a plan of defense for the western United States, to include a railroad from San Pedro, California, to Portland, Oregon, via Hawthorne, Nevada; and be it further

      Resolved, That the said secretary of defense in Washington, D. C., in conjunction with the committee on civil defense of the State of Nevada, establish reserves of fuel, food, medicine, and other supplies in strategic localities east of the Sierra Nevada mountains with the following points of storage suggested:

      Bishop, California,

      Tonopah and Goldfield, Nevada,

      Ely, Nevada,

      Wells, Nevada,

      Elko, Nevada,

      Winnemucca, Nevada,

      Las Vegas, Nevada,

      Yerington, Nevada,

      Lovelock, Nevada,

      Fallon, Nevada,

      Mina and Schurz, Nevada,

      Reno, Carson City, and Gardnerville, Nevada,

      Gerlach, Northern Washoe County, Nevada,

      Others as may be selected,

and be it further

      Resolved, That the committee of civil defense for the State of Nevada and the secretary of defense in Washington, D. C., be memorialized to begin concrete consideration of this plan as soon as possible in the interest of public safety; and be it further

      Resolved, That copies of this resolution be sent by the secretary of state to the secretary of defense, to our congressional delegation in Washington, D. C.; to the commanding general of the sixth army at the Presidio, San Francisco, California; to the commanding officer, Naval Ammunition Depot, Hawthorne, Nevada; to the commanding officer, Sierra Ordnance Depot, Herlong, California; to the commanding officer, Naval Test Laboratories, Inyokern, California; to the commandants of the Eleventh, Twelfth and Thirteenth Naval Districts; and that fifty copies of this resolution be furnished to Charles A. Hendel, Mineral County Assemblyman and initiator of this proposal.

 

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κ1953 Statutes of Nevada, Page 726κ

 

NUMBER 19, AJR 1

Assembly Joint Resolution No. 1–Mr. Lerude.

NUMBER 19

ASSEMBLY JOINT RESOLUTION–Memorializing the congress of the United States to reduce the federal excise tax on distilled spirits.

 

      Whereas, Between 1941 and 1951, the federal excise tax on distilled spirits has been increased 162 1/2 percent; and

      Whereas, In the same period the median increase in federal excise taxes on 44 other product groups subject to federal excise taxes was but 45 1/2 percent; and

      Whereas, Since pre-world war II, the proportion of the average retail price consisting of tax has increased 89 percent in the case of distilled spirits, whereas it has decreased 19 percent in the case of cigarettes and 21 percent in the case of gasoline; and

      Whereas, Some half million families in the United States of America look to the production and sale of distilled spirits as their source of livelihood; and

      Whereas, Some 400,000 families in the United States of America have an ownership-participation in one branch or another of the distilled spirits industry; and

      Whereas, On the basis of recent financial statements, the profits available to stockholders in distilling companies has declined between $52,000,000 and $103,000,000 and the resale value of their stock holdings has declined some $200,000,000; and

      Whereas, In the year 1952 the lawful sales of distilled spirits declined by some 27,000,000 gallons over the previous year, thus causing a loss of revenue to the federal government, as well as to employees and stockholders; and

      Whereas, The latest increase in the federal excise tax on distilled spirits has cost the American consumer some $346,000,000 over the cost for the same gallonage at the previous tax rate; and

      Whereas, The present federal excise tax on distilled spirits is obviously discriminatory and confiscatory and economically unsound, and causes a very substantial reduction in the tax revenues of the several states, as well as of the federal government; now, therefore,

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That the congress of the United States of America be, and it hereby is, memorialized to reduce the federal excise tax on distilled spirits from its present discriminatory and confiscatory rate of $10.50 per gallon to $6 per gallon, which is still 50 percent above the applicable tax rate in 1941; and be it further

      Resolved, That duly certified copies of this resolution be forthwith transmitted by the secretary of state of the State of Nevada to the president of the senate of the United States of America; the speaker of the house of representatives of the United States of America; each of the United States senators from the State of Nevada; and the member of congress from the State of Nevada.

 

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κ1953 Statutes of Nevada, Page 727κ

 

NUMBER 20, SJR 15

Senate Joint Resolution No. 15–Committee on Livestock.

NUMBER 20

SENATE JOINT RESOLUTION–Memorializes congress and the national government to bar foreign products produced by underpaid foreign labor.

 

      Whereas, Livestock prices are experiencing a severe period of readjustment; and

      Whereas, The members of the livestock industry, employees and employers alike, are meeting their problems with customary independence and fortitude, firm in their devotion to the principles of our free enterprise system, but the task is being made dangerously difficult by the permitted admission of cheap foreign imports produced under economic conditions grossly at variance with the high standards of wages and living existing in the United States; and

      Whereas, It is essential for the economic stability and continued prosperity of our nation, upon which rests the fate of human freedom, that our agriculture industry be assured of its place in a free American market; now, therefore, be it

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That they do urge the congress and the executive officers of our national government that immediate action be taken to insure that our world trade policies are conceived and administered within the historic principle that foreign products produced by underpaid foreign labor and under substandard economic conditions shall not be admitted to our country on terms which endanger living standard of the American people or threaten financial injury to a domestic industry; and be it further

      Resolved, That a cop of this resolution be forwarded to the president and the secretaries of state, commerce and agriculture of the United States and to our representatives in congress.

 

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NUMBER 21, ACR 6

Assembly Concurrent Resolution No. 6–Committee on Roads and Transportation.

NUMBER 21

ASSEMBLY CONCURRENT RESOLUTION–Authorizing the appointment of an interim committee to represent the State of Nevada on the western interstate committee on highway policy problems.

 

      Whereas, The western interstate committee on highway policy problems was organized in 1949 by the council of state governments as a medium of discussion by the eleven western states of the increasingly acute problems relating to the construction and maintenance of adequate highway facilities; and

      Whereas, It has been recommended by the council of state governments that this body be continued, and that each state be represented at a series of interstate meetings by a three-man group consisting of a legislative representative from each house of the legislature and one highway technician; and


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κ1953 Statutes of Nevada, Page 728 (File Number 21, ACR 6)κ

 

      Whereas, It appears to be in the public interest to have the State of Nevada represented on this important body; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the State of Nevada be represented on the western interstate committee on highway policy problems by one member of the senate, to be appointed by the president of the senate, one member of the assembly, to be appointed by the speaker of the assembly, and a qualified engineer from the state department of highways, to be appointed by the governor; and be it further

      Resolved, That the legislative counsel attend the regional meetings of the aforesaid western interstate committee on highway policy problems; and be it further

      Resolved, That the aforesaid senate and assembly members shall be allowed the per diem expense allowance and travel expenses as provided by law for other state officers and employees, not to exceed the sum of $1,200 for the period ending on December 31, 1954, to be paid out of the legislative fund on claims as other claims against the state are paid.

 

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NUMBER 22, ACR 10

Assembly Concurrent Resolution No. 10–Mr. Hardenbrook.

NUMBER 22

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 77.

 

      Whereas, Assembly Bill No. 77 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and

      Whereas, The said bill is defective in certain respects; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby requested to return to the assembly for further consideration Assembly Bill No. 77.

 

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NUMBER 23, ACR 12

Assembly Concurrent Resolution No. 12–Washoe County Delegation, Consisting of the Reno Delegation.

NUMBER 23

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 252.

 

      Whereas, Assembly Bill No. 252 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and

      Whereas, The said bill is defective in certain respects; now, therefore, be it


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κ1953 Statutes of Nevada, Page 729 (File Number 23, ACR 12)κ

 

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby requested to return to the assembly for further consideration Assembly Bill No. 252.

 

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NUMBER 24, ACR 11

Assembly Concurrent Resolution No. 11–Committee on Education.

NUMBER 24

ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 181.

 

      Whereas, Assembly Bill No. 181 has passed both houses of the forty-sixth session of the legislature and has been forwarded to the governor; and

      Whereas, The said bill is defective in certain respects; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby requested to return to the assembly for further consideration Assembly Bill No. 181.

 

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NUMBER 25, SJR 11

Senate Joint Resolution No. 11–Committee on Judiciary.

NUMBER 25

[To be returned to 1955 Legislature]

 

SENATE JOINT RESOLUTION–Proposing an amendment to section 2 of article IX of the constitution of the State of Nevada.

 

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 2 of article IX of the constitution of the State of Nevada be amended to read as follows:

      Section 2.  The legislature shall provide by law for an annual tax sufficient to defray the estimated expenses of the state for each fiscal year; and whenever the expenses of any year shall exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year or two years. Any moneys paid for the purpose of providing compensation for industrial accidents and occupational diseases, and for administrative expenses incidental thereto, shall be segregated in proper accounts in the state treasury, and such moneys shall never be used for any other purposes, and they are hereby declared to be trust funds for the uses and purposes herein specified.

 

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κ1953 Statutes of Nevada, Page 730κ

 

NUMBER 26, AJR 41

Assembly Joint Resolution No. 41–Mr. Hendel (by request).

NUMBER 26

ASSEMBLY JOINT RESOLUTION–Memorializing the congress of the United States, the legislature of the State of California, the secretary of commerce of the United States, and the commissioner of public roads of the United States to alter certain policies to permit use of the force account method in connection with use of federal-aid highway funds in certain California counties adjoining the State of Nevada.

 

      Whereas, Certain counties in the State of California adjacent to the State of Nevada have been unable to undertake or complete construction or improvement of certain county roads in the State of California which connect with certain Nevada highways; and

      Whereas, Material benefits would accrue to the people of both the State of Nevada and the people of the State of California and to the traveling public in general if such county roads in the State of California were constructed or improved; and

      Whereas, Such construction or improvement of such roads has heretofore been impossible because of the unavailability of sufficient county funds in such counties with which to match federal-aid funds for such projects under certain existing policies which require that such federal-aid funds be utilized only on projects for which contracts have been let; and

      Whereas, In many instances contracting is not an economical method for undertaking such projects because of the isolated locations of the areas involved and the lack of properly equipped contractors in such localities; and

      Whereas, Many such worthwhile projects could be successfully and economically accomplished if such counties were permitted to use the force account method of utilization of federal-aid highway funds by using county forces and county equipment and privately subscribed interstate funds to meet the requirement of matching such federal-aid funds; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That the congress of the United States, the legislature of the State of California, the secretary of commerce of the United States, and the commissioner of public roads of the United States be, and they hereby are, memorialized to take such action as may be necessary or appropriate to permit the use of the force account method of utilization of federal-aid highway funds by using county forces and county equipment and privately subscribed interstate funds to fulfill the requirement of matching such federal-aid highway funds in counties of the State of California which adjoin the State of Nevada; and be it further

      Resolved, The duly certified copies of this resolution be forthwith transmitted to the president of the senate of the United States of America, the speaker of the house of representatives of the United States of America, the members of congress from the State of Nevada, the president of the senate of the State of California, the speaker of the assembly of the State of California, the secretary of commerce of the United States and the commissioner of public roads of the United States.


…………………………………………………………………………………………………………………

κ1953 Statutes of Nevada, Page 731 (File Number 26, AJR 41)κ

 

the United States and the commissioner of public roads of the United States.

 

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NUMBER 27, AJR 50

Assembly Joint Resolution No. 50–Mr. Shuey.

NUMBER 27

ASSEMBLY JOINT RESOLUTION–Memorializing the congress of the United States, the secretary of commerce of the United States, and the commissioner of public roads of the United States to take appropriate steps to make route 1a of the Nevada highway routes a part of United States highway No. 95.

 

      Whereas, Route 1a, a part of the highway system of the State of Nevada, defined by section 8 of that certain act entitled, “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as last amended by chapter 104, Statutes of Nevada 1949, is described as:

      “Beginning at a point on route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz.” and

      Whereas, A portion of the above-described route, commonly called the “Fallon-Lovelock cutoff,” a distance of approximately 34 miles, extending from the city of Fallon toward the city of Lovelock in a northeasterly direction to a connection with U. S. highway No. 40 in the vicinity of Fanning, approximately 20 miles south of the city of Lovelock, is a semi-improved road; and

      Whereas, The inclusion of Nevada route 1a in the federal system of highways would materially assist the residents of Nevada and the traveling interstate public, and result in savings of many thousands of dollars annually to Nevada shippers and other travelers; now, therefore, be it

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That the congress of the United States, the secretary of commerce of the United States, and the commissioner of public roads of the United States be, and they hereby are, memorialized to take such action as may be necessary or appropriate to incorporate route 1a of the Nevada highway system into United States highway No. 95; and be it further

      Resolved, That duly certified copies of this resolution be forthwith transmitted to the president of the senate of the United States of America, the speaker of the house of representatives of the United States, the members of the congress from the State of Nevada, the secretary of commerce of the United States and the commissioner of public roads of the United States.

 

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κ1953 Statutes of Nevada, Page 732κ

 

NUMBER 28, AJR 38

Assembly Joint Resolution No. 38–Miss Frazier.

NUMBER 28

[To be returned to 1955 Legislature]

 

ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 3 of article II of the Constitution of the State of Nevada.

 

      Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 3 of article II of the Constitution of the State of Nevada be amended to read as follows:

      Section 3.  The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their entry into such service; and provided further, that the payment of a poll tax shall not be required as a condition to the right of voting. Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.

 

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NUMBER 29, ACR 4

Assembly Concurrent Resolution No. 4–Mr. Shuey.

NUMBER 29

ASSEMBLY CONCURRENT RESOLUTION–Requesting the department of highways of the State of Nevada to proceed with the construction of a portion of state highway route 1a.

 

      Whereas, Section 8 of an act entitled, “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as last amended by chapter 104, Statutes of Nevada 1949, designates certain state highway routes; and

      Whereas, One of the routes designated is state highway route 1a “beginning at a point on route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz”; and

      Whereas, A portion of the above-described route, commonly called the “Fallon-Lovelock cutoff,” a distance of approximately 34 miles, extending from the city of Fallon toward the city of Lovelock in a northeasterly direction to a connection with U. S. highway No. 40 in the vicinity of Fanning, approximately 20 miles south of the city of Lovelock, is a semi-improved road, most of the improvements being done at the expense of Churchill county; and

      Whereas, The improvement of the above-described Fallon-Lovelock cutoff would materially assist the residents of Pershing and Churchill counties together with residents of surrounding areas; and

      Whereas, The improvement of the said cutoff would result in savings of many thousands of dollars to Nevada shippers and travelers; and

      Whereas, The construction and improvement of this highway will be of untold importance and benefit to the majority of taxpayers in that section of the State of Nevada; and

 


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κ1953 Statutes of Nevada, Page 733 (File Number 29, ACR 4)κ

 

of untold importance and benefit to the majority of taxpayers in that section of the State of Nevada; and

      Whereas, The construction of this highway will be of great aid and importance to the mining, livestock and farming industries and property owners of Churchill county and the State of Nevada; and

      Whereas, The present condition of the cutoff constitutes an affront to the people of Nevada and particularly those of Churchill and adjacent counties who have pioneered and struggled for good roads and good highways; and

      Whereas, The construction of this highway is necessary and there is apparently no good reason why it should not be completed; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the construction of this highway to modern standards be given immediate consideration; and be it further

      Resolved, That the secretary of state of the State of Nevada deliver certified copies of this resolution to the board of directors of the department of highways, State of Nevada, and to the state highway engineer.

 

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NUMBER 30, SJR 16

Senate Joint Resolution No. 16–Committee on Judiciary.

NUMBER 30

[To be returned to 1955 Legislature]

 

SENATE JOINT RESOLUTION–Proposing an amendment to section 4, article VI, of the constitution of the State of Nevada.

 

      Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 4 of article VI of the constitution of the State of Nevada, be amended to read as follows:

      Section 4.  The supreme court shall have appellate jurisdiction in all cases in equity; also in all cases at law in which is involved the title, or the right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivisions of law and equity, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district judge in the state or before any judge of said courts.

      In case of the disability or disqualification, for any cause, of the chief justice or either of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in said supreme court.


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κ1953 Statutes of Nevada, Page 734 (File Number 30, SJR 16)κ

 

chief justice or either of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in said supreme court.

      The supreme court shall appoint a clerk of the supreme court; provided, however, that any person elected to the office of clerk of the supreme court before the adoption hereof, shall continue to hold such office until the expiration of the term for which he may have been elected. The clerk of the supreme court so appointed shall hold office and be removable at the pleasure of the supreme court, and he shall receive such compensation as shall be prescribed by law, and discharge such duties as shall be prescribed by law, or by the rules or orders of the supreme court.

 

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NUMBER 31, ACR 13

Assembly Concurrent Resolution No. 13–Committee on Rules and Legislative Functions.

NUMBER 31

ASSEMBLY CONCURRENT RESOLUTION–Expressing gratitude to the superintendent of state printing and his staff for their work.

 

      Whereas, The forty-sixth session of the legislature has been marked by the introduction of a record number of bills and resolutions; and

      Whereas, The staff of the state printing office and the superintendent have labored long and diligently in keeping up with the work of the legislature and have performed their arduous task courteously and efficiently; and

      Whereas, It is the desire of the forty-sixth session of the legislature of the State of Nevada to express our gratitude to the state superintendent of printing and the entire staff of the state printing office; now, therefore, be it

      Resolved by the Assembly of the State of Nevada, the Senate concurring, That the forty-sixth session of the Nevada state legislature does hereby express its gratitude to and commends all members of the state printing office and the superintendent of that office for their careful and efficient work and courteous cooperation in assisting the proceedings of this legislature.

 

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NUMBER 32, SCR 1

Senate Concurrent Resolution No. 1–Committee on Aviation, Transportation, and Highways.

NUMBER 32

SENATE CONCURRENT RESOLUTION–Providing for travel reimbursement for certain persons in order that they may attend a regional meeting of the western interstate committee on highway policy problems.

 

      Whereas, The western interstate committee on highway policy problems was organized in 1949 by the council of state governments as a medium of discussion by the eleven western states of the increasingly acute problems relating to the construction and maintenance of adequate highway facilities; and

 


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κ1953 Statutes of Nevada, Page 735 (File Number 32, SCR 1)κ

 

medium of discussion by the eleven western states of the increasingly acute problems relating to the construction and maintenance of adequate highway facilities; and

      Whereas, The 1951 session of the Nevada legislature by resolution designated a member of the senate committee on aviation, transportation, and highways, and a member of the assembly committee on roads and transportation, as Nevada’s legislative representatives on the aforesaid western interstate committee; and

      Whereas, Some of those members and the legislative counsel attended some of the regional meetings of the western interstate committee during the past biennium; and

      Whereas, There will be a regional meeting of the said western interstate committee at Salt Lake City, Utah, on January 31, 1953; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the chairman of the senate committee on aviation, transportation, and highways, the chairman of the assembly committee on roads and transportation, and the legislative counsel be authorized and directed to attend the regional meeting of the western interstate committee on highway policy problems at Salt Lake City, Utah, on January 31, 1953; and be it further

      Resolved, That the aforesaid chairmen and the legislative counsel shall be allowed the per diem expense allowance and travel expenses for the aforesaid out-of-state trip as provided by law for other state officers and employees, to be paid out of the legislative fund on claims as other claims against the state are paid.

 

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NUMBER 33, SCR 3

Senate Concurrent Resolution No. 3–Senator Johnson.

NUMBER 33

SENATE CONCURRENT RESOLUTION–Providing for the compensation of certain persons for services rendered to the forty-sixth session of the Nevada legislature.

 

      Whereas, During the present session of the legislature the clergy of the city of Carson, representing four denominations, have rendered daily religious services to the legislature; and

      Whereas, A reasonable compensation for such services is the sum of eight hundred dollars ($800); now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state controller be authorized and directed to pay the same out of the legislative fund heretofore created, to the following-named individuals and in the respective amounts designated, as compensation for religious services rendered during the forty-sixth session of the Nevada legislature: Monsignor H. J. Wientjes, the sum of two hundred dollars ($200); Rev. A. S. Kean, the sum of two hundred dollars ($200); Rev. J. E. L. Swineford, the sum of two hundred dollars ($200); and Rev. Howard N. Steward, the sum of two hundred dollars ($200).

 

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κ1953 Statutes of Nevada, Page 736κ

 

NUMBER 34, SCR 4

Senate Concurrent Resolution No. 4–Senator Lemaire.

NUMBER 34

SENATE CONCURRENT RESOLUTION–Memorializing the state highway department to make a study of the feasibility of the construction of a state highway in Dixie Valley in Central Nevada.

 

      Whereas, It has come to the attention of the legislature that there are large deposits of low-grade copper ore in the vicinity of Dixie Valley in Central Nevada; and

      Whereas, The development of these low-grade ores is presently underway; and

      Whereas, It is to the benefit of the people of the State of Nevada to encourage the mining industry; and

      Whereas, The primitive road conditions existing in the Dixie Valley area are materially hindering the mining development of Central Nevada; and

      Whereas, The city of Battle Mountain is the central trading point, railhead and a principal highway connection which serves the area in question, offering ideal topographic and economical highway construction; now, therefore, be it

      Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state highway department be, and it is hereby memorialized to make an immediate, thorough and comprehensive study of the advisability and feasibility of the construction of a state highway from the city of Battle Mountain to the Dixie Valley area and to make proper allocations of federal and state moneys for the construction of such a highway.

 

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