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RESOLUTIONS AND MEMORIALS

No. 1–Assembly Joint and Concurrent Resolution, relative

to amending section three of article eleven of the constitution of the State of Nevada.

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

state constitution; second

purposes

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

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

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

No. 2-Assembly Joint and Concurrent Resolution, memorial

izing Congress and the Nevada senators and representative in Congress.

[Approved February 4, 1915) WHEREAS, Under congressional grants of 1862 and 1864, the Concerning Central Pacific railroad company acquired a right of way across property on original

the State of Nevada 400 feet in width-200 feet on each side die bent way the center of its track—and notwithstanding the fact that these Pacific rail- grants conveyed a mere easement, the company proceeded to

sell in various towns along its route considerable quantities of land within its right of way, which lands have been occupied and improved, and taxes paid thereon by the purchasers and their grantees, for about forty years; and

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

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

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

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

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

WHEREAS, The Central Pacific railway company has announced that: "Notwithstanding the decisions of the

road

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

Resolved, That we commend said senate bill No. 5042, entitled S Senate "A bill legalizing certain conveyances heretofore made by the remedy all Central Pacific railroad company and others within the State of

irregularities Nevada" as a just and equitable measure, and we earnestly urge upon our senators and representative in Congress the importance and necessity of using all honorable means to speed the passage and approval of said bill at the present session of Congress.

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

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

Announcement by Central Pacific railway company

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

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

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

No. 3–Senate Concurrent Resolution, relative to amending

section three of article nine of the constitution of the State of Nevada.

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

state constitution; second passage by

debt from

Resolved by the Senate, the Assembly concurring, That section Amending

three of article nine of the constitution of the State of Nevada be amended so as to read as follows:

Section 3. The state may contract public debts, but such legislature

debts shall never in the aggregate, exclusive of interest, exceed Changing the sum of one per cent of the assessed valuation of the state, limit of state

as shown by the reports of the county assessors to the state $300,000 to 1 per cent

controller, except for the purpose of defraying extraordinary of assessed expenses, as hereinafter mentioned. Every such debt shall be valuation of property in authorized by law for some purpose or purposes, to be distinctly

specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed, nor the taxes postponed or diminished, until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.

state

$100,000 for Carson Val

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

[Approved February 13, 1915) WHEREAS, The great agricultural resources of Nevada are Asking Condependent upon the conservation of the waters and irrigation; appropriate and

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

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

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

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

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

No. 5-Assembly Joint and Concurrent Resolution.

[Approved February 17, 1915) WHEREAS, For many years past there has been established Regarding

pollution of and maintained on the banks of the Truckee river by the Truckee Floriston Pulp and Paper company, a corporation, at a point called Floriston, in the State of California, a mill for the Pulp and manufacture of paper pulp and paper by what is known as the pany sulphite process. The said mill has, ever since its establishment, been in active operation and has during this entire period discharged, and is still discharging in such a manner that the same reaches the Truckee river directly and by eeepage, a certain waste

river by Floriston

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