3 i m Z o F 8M-6 . S58 BANCROFT LIBRARY o THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA . _ - VETO MESSAGES His Excellency John Sparks GOVERNOR OF THE STATE OF NEVADA, LEGISLATURE OF 1903^ Also, Proposed Constitutional Amendments Compiled by W. G. DOUGLASS Secretary of State / CARSON CITY, NEVADA STATE PRINTING OFFICE, : : : : ANDREW MAUTE, SUPERINTENDENT 1903 I 15 VETO MESSAGES. Assembly BUI No. 52, AT T INTRODUCED BY MR. JUDD, FEBRUARY 9, 1903. AN ACT To COMPEL ALL PEACE OFFICERS TO WEAR BADGES WHILE ON DUTY. The People of the State of Nevada, represented in Senate and Assembly, do enact as folloivs: SECTION 1. It is hereby made the duty of Sheriffs, their deputies, Constables, their deputies, and all peace officers to wear the insignia of their office in a bright metal badge not less than one and one -half inches in diameter, said badge to be worn by said peace officer in such a way that it will be exposed to public view at all times when on duty. SEC. 2. Any Sheriff, Deputy Sheriff, Constable or Deputy Consta- ble, or any peace officer who shall violate any of the provisions of Section 1 of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten (10) dollars, nor more than twenty -five (25) dollars, or be imprisoned in the county jail for a period of ten (10) days, or by both such fine and imprison- ment. SEC. 3. This Act shall take effect upon its passage and approval. VETO MESSAGE ON ASSEMBLY BILL NO. 52. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 5, 1903. To the Honorable the Assembly: I return herewith to your honorable body, without my approval, Assembly Bill No. 52, entitled "An Act to compel peace officers to wear badges while on duty." My objections are: That the peace officers of the State would be placed at a disadvantage in the performance of their duty by wearing a badge, which would not only become a target for the criminal, but also create an alarm and give opportunity for escaping arrest if an officer were in pursuit. It also compels the Sheriff to wear an insignia of rank, and separates him by a distinguishing mark from the citizen who is not so conspicuously honored, which is naturally repugnant to people who, under a republican form of government, believe that all men are equal. 4 GOVERNOR'S VETO MESSAGES. It is true, however, that in large cities, where the ;s)treets are neces- sarily patrolled by police officers, a uniform is a designation very con- venient for the public, but such power and regulation is properly vested in city officials, and, in my judgment, is not applicable to peace officers throughout the State. In addition, I will say that I have received protests from the Sheriffs of nine counties of the State asking that this measure be defeated, and the statement is made that each and every one wears a badge ready for exhibition at any moment when it is necessary to be made known. Believing that such officers understand their business, I am constrained to follow their advice upon the ground of public policy. Respectfully, JOHN SPARKS, Governor. Senate Joint and Concurrent Resolution No. 8, INTRODUCED BY SENATOR LORD, FEBRUARY 17, 1903. RESOLUTION RELATIVE TO THE MANUFACTURE OF TEXTILE FABRICS. WHEREAS, The United States Census Reports show that a large pro- portion of the so - called woolen goods manufactured in this country are composed in large part of shoddy, cotton and various ingredients other than pure wool; and WHEREAS, In the manufacture of these goods and their sale as textile fabrics for clothing purposes, they are represented to be and are sold as pure woolens, although containing adulterants which make them far inferior in warmth and wear to pure wool goods, and a gross deception is thus practiced and a reprehensible injustice imposed upon the con- sumer; and WHEREAS, An effort has been made in the Congress of the United States to enact into law a measure, popularly known as "the pure -fibre or anti- shoddy bill," the purpose of which is to compel manufacturers of textile fabrics to stamp upon their goods a label, reciting the com- position thereof, which measure, if it becomes a law, will protect the working people, who have the least protection of any class of our citizens, from the impositions now practiced upon them by mill -owners and manufacturers of cheap and adulterated grades of cloth which are alleged to 15e and are sold as woolen goods; and WHEREAS, We believe that the enactment of such a law as above mentioned will promote fair and honorable business dealing, that it will not embarrass any bona fide industry or limit proper and honest pro- duction, and that it will afford much needed relief and a just measure for protection to the large class of working people, as well as to all consumers, from the swindling and dishonest methods now practiced upon them in the sale of clothing materials; now, therefore, be it Resolved by the Senate of the State of Nevada, the Assembly concur- ring, That we are heartily in favor of and recommend the passage of an Act of Congress to regulate the manufacture and sale of so-called TWKNTY-FIUST SKSSION. ."> \voolcn clothing materials, which such Art shall compel nil manufactu- rers of textile fabrics to indicate by stamp or label the character, qual- ity and composition thereof before the same are offered to the consumer; and be it further Rrsoh'f'tl. That a copy of these resolutions be sent to our Represen- tative in Congress, and one to each of our United States Senators. VETO MESSAGE ON SENATE JOINT AND CONCURRENT RESOLUTION NO. 8. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 11, 1903. To the Honorable the Senate: I have the honor to return to you, without my approval. Senate Joint and Concurrent Resolution No. 8, relative to the manufacture of textile fabrics. This resolution is by its express conditions intended as an endorse- ment of the anti- shoddy bill, "the purpose of which is to compel man- ufacturers of textile fabrics to stamp upon their goods a label reciting the composition thereof." The recommendations made are evidently well intended, but will they prove beneficial to the trustful law-abiding man, who accepts the label as true and correct? We have laws abundant to prevent fraud, obtaining money under false pretense and swindling, etc., but does not the cunning, audacious law-breaker deceive and victimize him who believes the law a protec- tion? The composition of so-called woolen goods has but little relation to actual value. The gigantic mill operator under a high protective tariff fears no law that does not protect him. The manufacturer may label it of good quality, the purchaser by actual wear discover that the com- ponent part set down as wool may prove to be largely shoddy wool made from worn-out woolens, and the cotton part prove to come from the same source, and thus the deception becomes established by law. In business life I believe that it is always better to depend on a per- son's own judgment than to depend on conditions of law. It would, in my judgment, operate as a hardship on smaller factories in new countries, where mills are being operated near the great cotton belt, in which country an inferior staple of wool is grown and manufactured into what is called mixed cloth. It seems to me the wage -earner and the poor class should have the full benefit of cheap clothing, as there are many more of that class who are not able to wear so-called "all wool" that is manufactured by three or four gigantic highly protected factories in the New England States. I certainly believe this law would operate against the southern wool growers, the cotton raisers, and the masses of the people. After care- fully considering the provisions of the resolution, I am impressed with the conviction that its principal features have emanated from a wool- growers' convention, and intended to be imposed on an unsuspecting Congress. Respectfully, JOHN SPARKS, Governor, 6 GOVERNOR'S VETO MESSAGES. Senate Joint and Concurrent Resolution No. 9, INTRODUCED BY SENATOR JACKSON, FEBRUARY 25, 1903. JOINT AND CONCURRENT RESOLUTION RELATIVE TO DECLARING THE RESULT OF THE VOTE UPON AMENDING SECTION 1, ARTICLE X, OF THE CONSTITUTION AS PER ASSEMBLY JOINT AND CONCURRENT RESOLUTION No. 12 OF THE SESSION OF 1899, OF THE NEVADA STATE LEGISLATURE. WHEREAS, The State Legislatures of 1899 and 1901 both passed a res- olution designated and known as Assembly Joint and Concurrent Reso- lution No. 12, concerning the taxing of patented mines, and which resolution was duly submitted to the people and voted upon at the last general election; and WHEREAS, The State Board of Canvassers, in declaring the results of the last general election, failed to specifically state whether or not the said amendment had been legally adopted by the people of the State; now, therefore, Resolved by the Senate of the State of Nevada, the Assembly concurring, That it is the duty of the said Board of Canvassers to definitely declare the result of said vote upon said resolution; and that said Board of Canvassers be and hereby is requested to immediately consider the matter and declare the result in definite terms whether the amendment was adopted or not. VETO MESSAGE ON SENATE JOINT AND CONCURRENT KESOLUTION NO. 9. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 12, 1903. To the Honorable the Senate: I return to your honorable body, without my approval, Joint and Concurrent Resolution No. 9, concerning the alleged failure of the State Board of Canvassers in December last to canvass the vote on the constitutional amendment concerning the taxation of patented mines, submitted to the vote of the people at the election held in this State in 1902. My reasons for not approving the resolution are : (1) It is an implied, if not an actual, censure upon the three Jus- tices of the Supreme Court, who in December last constituted the State Board of Canvassers; and (2) The censure is not justified; because there was not in December last, and is not now, so far as I am able to ascertain, any law authoriz- ing or empowering the said Board of Canvassers to make such canvass. There can hardly be a failure to do an official act unless there be a law authorizing and empowering an officer to do such act. As to the duty of the present State Board of Canvassers to make a canvass of a vote cast in 1902, there is at least a grave doubt. Respect- fully, JOHN SPARKS, Governor. TWKNTY KIIIST SKSSION. 7 Assembly Bill No. 114, INTRODUCED BY MR, COOKE, MARCH 2, 1903. AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT CONCERNING CRIMES AND PUNISHMENTS," APPROVED NOVEMBER 26, 1861. The People of' the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Every man who, by force, intimidation, threats, persua- sion, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prosti- tution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the State Prison for not less than three nor more than ten years; and in all prosecutions under this section a wife is a competent witness against her husband. SEC. 2. All Acts and parts of Acts in conflict with the above are hereby repealed. VETO MESSAGE ON ASSEMBLY BILL NO. 114. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 14, 1903. To the Honorable the Assembly: I have the honor to return to you, without my approval, Assembly Bill No. 114, entitled "An Act supplementary to an Act entitled 'An Act concerning crimes and punishments.'" My objections are based upon the following grounds: It is a recognized principle that some crimes are unmentionable in specific terms. The crime suggested in this Act is covered by law already in force, and, upon application to any Court or to honorable citizens, the necessary protection would be given to the woman, if worthy and deserving. It is possible that a man might be so low and degraded as to be guilty of the crime named, but a good woman would scorn the man with such resistance that no harm could come to her, unless an assault be made by him, and, in such case, punishment as severe as this Act prescribes can be inflicted. In a general sense such persons are, and should be, denounced by law and all good people as depraved and belonging to the degraded and dangerous class, but I do not believe that the moral turpitude of the people of this State is such as to require a law of this kind in the stat- ute books, thus publishing to the world an intimation at least that such a law is necessary. The moral sense of our people will not permit such practice, and will meet all the requirements for its prevention, without special legislation as provided in this Act. I believe that the women of the United States, and especially the women of Nevada, are possessed of too high a degree 8 GOVERNOR'S VETO MESSAGES. of honor to submit to such dictation of shame, and are perfectly quali- fied by education and inherent morality to protect themselves and com- mand the respect of all people. Respectfully, JOHN SPARKS, Governor. Senate Bill No. 83, INTRODUCED BY SENATOR JACKSON, MARCH 5, 1903. AN ACT CONCERNING THE DUTIES OF THE STATE BOARD OF CANVASSERS. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. It is hereby made the duty of the State Board of Can- vassers, after canvassing the returns of any -State election, to state definitely in each case who is elected, and whether any question voted upon by the people is adopted or not. A mere statement of the number of votes for and against shall not be sufficient. SEC. 2. A failure or refusal on the part of said State Board of Can- vassers to comply with the provisions of this Act shall be deemed a misdemeanor, and shall subject the member or members of such Board, so failing or refusing to comply herewith, to a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period not less than fifty days nor more than six months, or by both such fine and imprisonment in the discretion of the Court. VETO MESSAGE ON SENATE BILL NO. 83. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 23, 1903. To the Honorable the Secretary of State: I have the honor to deposit, without my approval, Senate Bill No. 83 An Act concerning the duties of the State Board of Canvassers. This Act was intended to confer the authority on the " State Board of Canvassers after canvassing the returns of any State election to state definitely in each case who is elected, and whether any question voted upon by the people is adopted or not, and, in case of a failure or refusal to perform such duty, the member or members of said Board shall be fined not less than one hundred, nor more than five hundred dollars." Inasmuch as the State Board of Canvassers consists of the Justices of the Supreme Court, who only act in a ministerial capacity on such Board, but have, when acting as a Supreme Court, full power to pass on all laws enacted by the legislature, it would seem to me a hardship to compel them under penalty to do a thing as a Board, which they might, in deliberate judgment as a Court, pronounce illegal. I am also informed by members of the Legislature that no such TWENTY-FIRST SESSION. thing was intended, and that, by some error or misunderstanding dur- ing the hurry of the closing session, the bill became so encumbered unaccountably. I therefore return the bill to you without my approval, to be sub- mitted to the next Legislature. Respectfully, JOHN SPARKS, Governor. Assembly Bill No. 129, INTRODUCED BY MB. COOKE, MARCH 3, 1903. AN ACT FIXING THE SALARY OF THE JUSTICE OF THE PEACE IN AND FOR RENO TOWNSHIP, WASHOE COUNTY, STATE OF NEVADA, AND OTHER MATTERS RELATING THERETO. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. On and after the passage of this Act, the Justice of the Peace in and for Reno Township, Washoe county, State of Nevada, shall receive a salary of eight hundred dollars per annum, payable monthly in twelve equal installments. SEC. 2. The salary named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commis- sioners or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex officio services of every kind and character rendered by said Justice of the Peace. SEC. 3. The said Justice of the Peace named in Section 1 of this Act, after the above mentioned time, is entitled to charge, collect and retain as his own, for all services and ex officio services rendered by him for any person, State or County, other than the County of Washoe, such fees and compensation as now are, or hereafter may be allowed by law. SEC. 4. All Acts and parts of Acts inconsistent or" in conflict with the provisions of this Act are hereby repealed. VETO MESSAGE ON ASSEMBLY BILL NO. 129. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 24, 1903. To the Honorable the Secretary of State: I have the honor to deposit in your office, without my approval, Assembly Bill No. 129 An Act fixing the salary of the Justice of the Peace in and for Reno Township, Washoe County, State of Nevada, and other matters relating thereto. The object of fhis Act is to change the compensation of the office of Justice of the Peace in said township from a fee system, as heretofore and now existing, and under the provisions of which the Justice was duly elected, to that of a salaried office, the effect of which will in all 10 GOVERNOR'S VETO MESSAGES. probability reduce the compensation of the officer very materially and immediately. While not denying the right of the Legislature to make such a change, I do think that it will operate unjustly upon an officer who, in the con- fidence of past conditions, made a campaign in the belief that the law would not be changed to his disadvantage during the term for which he may have been elected. If this Act had been made to take effect at the expiration of the term of office, I would willingly give it my approval. As it is, in my opinion, an injustice, I will deposit the measure unapproved, and permit the next Legislature to act after the people of the township can have the privilege of instructing the members as to the action to be taken thereon. It might be proper to state that I have a petition, numerously signed by leading citizens and taxpayers of the City of Reno, requesting that I withhold my approval of the measure. Respectfully, JOHN SPARKS, Governor. Senate Bill No. 34, INTRODUCED BY SENATOR FREUDENTHAL, FEBRUARY 13, 1903. AN ACT To AMEND AN ACT ENTITLED "AN ACT REQUIRING FOREIGN CORPO- RATIONS DOING BUSINESS IN THE STATE OF NEVADA TO PUBLISH ANNUAL STATEMENTS," APPROVED MARCH 28, 1901. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Said Act is hereby amended so as to read as follows: Section 1. All foreign corporations doing business in the State of Nevada shall, during the month of May of this year and in each suc- ceeding year in the month of January, publish a statement of their last year's business in some newspaper in the State of Nevada. If said statement be published in a weekly newspaper, it shall be published for a period of one month; if in a daily, for a period of one week. SEC. 2. The Secretary of the company publishing the statement shall file a copy with the several Assessors of the State of Nevada. SEC. 3. Any corporation coming within the provisions of this Act who shall neglect or refuse to file a statement as required by section one of this Act, shall be liable to a penalty of $100 for each month that the published statement remains unfiled with the several Assessors of the State. SEC. 4. Any District Attorney in the State is competent to sue to recover the penalty, or the Attorney -General. The first county suing through its District Attorney shall secure the penalty, and if no suit is brought for the penalty by any District Attorney the' State shall have the right to recover through its Attorney -General. SEC. 5. All Acts and parts of Acts in conflict with this Act are hereby repealed. TWKNTV 1'IIIST SESSION. 11 VETO MESSAGE ON SENATE BILL NO. 34. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 24, 1903. To the Honorable the Secretary of State: I have the honor to deposit, without my approval, Senate Bill No. :>4 An Act to amend an Act entitled "An Act requiring foreign corpo- rations doing business in the State of Nevada to publish annual state- ments." By referring to the Act approved March 28th, page 118, Statutes of 1901, of which this Act is amendatory, it is provided: "SECTION 1. All foreign corporations doing business in the State of Nevada, shall, during the month of May of this year, and in each suc- ceeding year in the month of January, publish a statement of their last year's business in some daily newspaper in the State of Nevada, for a period of one week." The amendatory Act now under consideration changes Section 1: "Said Act is hereby amended so as to read as follows: SECTION 1. All foreign corporations doing business in the State of Nevada, shall, during the month of May of this year, and in each succeeding year in the month of March, publish a statement of their last year's business," etc. It will be observed that the only difference of importance is embraced in changing the time from January as provided in the Statutes of 1901 to March, hereafter, in the amending Act. It so happens that a large proportion of the companies have, since the 1st day of January, made the publication as required by the Statutes of 1901, but, under a literal construction of this Act, all foreign cor- porations doing business in this State shall, during the month of May of this year, publish statements of their last year's business. This would compel the companies who have already published their state- ments to publish again in May of this year, or, in case of a failure, to either stand in default of heavy penalty or accept a lawsuit for justifi- cation, in case it be brought into Court. I do not believe this amendment is of sufficient importance to the people of the State to jeopardize the interest of a class of business people who have honestly and promptly complied with the law. Respectfully, JOHN SPARKS, Governor. 12 GOVERNOR'S VETO MESSAGES. Assembly Bill No. 118, INTRODUCED BY MR. WHITACRE, MARCH 2, 1903. AN ACT To PROTECT THE OWNERS OF LIVERY OR FEED STABLES FROM BEING DEFRAUDED BY FALSE PRETENSES AND MISREPRESENTATION OF PERSONS TO SECURE THE USE OF TEAMS, AND TO PUNISH PER- SONS FOR CRUELTY TO HORSES BY OVERDRIVING OR OTHER ABUSE. The People of the State of Nevada, represented in Senate and Assembly , do enact as follows: SECTION 1. Any person who obtains any livery hire or other accom- modations at any livery or feed stable in this State, without paying therefor, with intent to defraud the proprietor or manager, and who obtains credit by the use of any false pretense, or who, after obtaining a horse, vehicle or other property at such stable, wilfully or maliciously abuses the same by beating, goading, overdriving or other malicious conduct, or who keeps the same for a longer period or takes the same to a greater distance than contracted for, or allows a feed bill or other charges to accumulate against such property without paying therefor, or abandons the same with intent to defraud the owner, manager or proprietor having such livery or feed stable, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) nor more than two hundred and fifty ($250) dollars. VETO MESSAGE ON ASSEMBLY BILL NO. 118. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 25, 1903. To the Honorable the Secretary of State: I have the honor to deposit, without my approval, Assembly Bill No. 118 An Act to protect the owners of livery and feed stables from being defrauded by false pretenses, etc. My objections are, in the first place, that its provisions are too special in character, and, as compared with other branches of business, mani- fest partiality is shown. There are already laws to punish persons gaining money or goods upon false pretenses, and the crimes should be no greater or more emphatic by reason of a person deceiving a livery- man than if any other business man should suffer from the same cause. The fact that a person in good faith should hire a team from a livery- man, and should drive it a greater distance than first agreed upon, should make him subject to penal prosecution and fine, is not reason- able, because the person engaging the team may find it necessary to go farther than first anticipated when the team was hired. And, in refer- ence to the intent to commit fraud in hire, it is very easy to conceive how it could happen that a person might be unable to settle the bill upon returning, no matter how honest his intentions were at the time of giving the order. This law would then open the way through the TWENTY- KIKST SKSSION. 13 misdemeanor provided for to imprison a man by reason of his inability to pay a debt honestly contracted, which is not recognized in this State. The law to prevent cruelty to animals is amply sufficient, and is no better provided for in this Act. Respectfully, JOHN SPARKS, Governor. Assembly Bill No. 130, INTRODUCED BY MR. COOKE, MARCH 3, 1903. AN ACT FIXING THE SALARY OF THE CONSTABLE IN AND FOR RENO TOWN- SHIP, WASHOE COUNTY, STATE OF NEVADA, AND OTHER MATTERS RELATING THERETO. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. On and after the passage of this Act, the Constable in and for Reno Township, Washoe County, State of Nevada, shall receive a salary of one thousand dollars per annum, payable monthly in twelve equal installments. SEC. 2. The salary named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commis- sioners or County Auditor, or paid by the County Treasurer of said county for any and all services and ex officio services of every kind and character rendered by said Constable. SEC. 3. The said Constable named in Section 1 of this -Act, after the. above -mentioned time, is entitled to charge, collect and retain as his own, for all services and ex officio services rendered by him for any person, State or County, other than the said County of Washoe, such fees and compensation as now are, or hereafter may be, allowed by law. SEC. 4. All Acts or parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed. VETO MESSAGE ON ASSEMBLY BILL NO. 130. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 25, 1903. To the Honorable the Secretary of State: I have the honor to deposit Assembly Bill No. 130, without my approval An- Act fixing the salary of the Constable in and for the Township of Reno, Washoe County, Nevada, and other matters relat- ing thereto. My objection to this becoming a law is that an officer having been elected to an office, the compensation of which is prescribed by law, should not, in justice, be subjected to an arbitrary change and compelled to accept a condition liable to work a pecuniary injury to himself, dur- ing the term for which he is elected. Respectfully, JOHN SPARKS, Governor. 14 GOVERNOR'S VETO MESSAGES. Assembly Bill No. 128, INTRODUCED BY MR, COOKE, MARCH 3, 1903. AN ACT FIXING THE SALARY OF THE JUSTICE OF THE PEACE IN AND FOR WADSWORTH TOWNSHIP, WASHOE COUNTY, STATE OF NEVADA, AND OTHER MATTERS RELATING THERETO. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. On and after the passage of this Act, the Justice of the Peace in and for Wadsworth Township, Washoe County, State of Nevada, shall receive a salary of six hundred dollars per annum, pay- able monthly, in twelve equal installments. SEC. 2. The salary named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commis- sioners or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex officio services of every kind and character rendered by said Justice of the Peace. SEC. 3. The said Justice of the Peace named in Section 1 of this Act, after the above-mentioned time, is entitled to charge, collect, and retain as his own, for all services and ex officio services rendered by him for any person, State or County, other than the said County of Washoe, such fees and compensation as now are, or hereafter may be, allowed by law. SEC. 4. All Acts or parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed. VETO MESSAGE ON ASSEMBLY BILL NO. 128. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 25, 1903. To the Honorable the Secretary of State: I hereby deposit in your office, without my approval, Assembly Bill No. 128 An Act fixing the salary of the Justice of the Peace in and for the Township of Wadsworth, Washoe County, State of Nevada. My objection to this measure is that an officer having been elected to an office, the compensation of which is prescribed by law, should not, in justice, be subjected to an arbitrary change and compelled to accept a condition liable to work a pecuniary injury to himself during the term for which he was elected. Respectfully,. JOHN SPARKS, Governor. T\\ KNTY-FIRST SESSION. 15 Assembly BUI No. 127, INTRODUCED BY MR. COOKE, MARCH 3, 1903. AN ACT FIXING THE SALARY OF THE CONSTABLE IN AND FOR WADSWORTH TOWNSHIP, WASHOE COUNTY, STATE OF NEVADA, AND OTHER MATTERS RELATING THERETO. The People of the State of Nevada, represented in Senate and Assembly, do enact as folloivs: SECTION 1. On and after the passage of this Act, the Constable in and for Wadsworth Township, Washoe County, State of Nevada, shall receive a salary of eight hundred dollars per annum, payable monthly in twelve equal installments. SEC. 2. The salary named in this Act shall be the only salary or compensation that shall be allowed by the Board of County Commis- sioners or County Auditor, or paid by the County Treasurer of said county, for any and all services and ex officio services of every kind and character rendered by said Constable. SEC. 3. The said Constable named in Section 1 of this Act, after the above-mentioned time, is entitled to charge, collect and retain as his own, for all services and ex officio services rendered by him for any person, State or County, other than the said County of Washoe, such fees and compensation as are now, or hereafter may be, allowed by law. SEC. 4. All Acts or parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed. VETO MESSAGE ON ASSEMBLY BILL NO. 127. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 25, 1903. To the Honorable the Secretary of State: I have the honor to deposit with you, without my approval, Assembly Bill No. 127 An Act fixing the salary of Constable in and for the Township of Wadsworth, County of Washoe, State of Nevada. I object to this measure on the ground that an officer having been elected to an office, the compensation of which is prescribed by law, should not, in justice, be subjected to an arbitrary change and com- pelled to accept a condition liable to work a pecuniary injury to him- self during the term for which he was elected. Respectfully, JOHN SPARKS, Governor. 16 GOVERNOR'S VETO MESSAGES. Senate Bill No. 63, INTRODUCED BY SENATOR FREUDENTHAL, FEBRUARY 25, 1903. AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT TO ENCOURAGE THE MINING, MILLING, SMELTING OR OTHER REDUCTION OF ORES IN THE STATE OF NEVADA," APPROVED MARCH 1, 1875. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Any person, a citizen of the United States, may enter upon any unfeneed and unimproved land in the State of Nevada held in private ownership, excepting mining claims and mining property already located or occupied for mining purposes, and may prospect thereon for gold, silver or other valuable minerals or metals, being responsible to the owner of the land for all damage done thereto. SEC. 2. Any person, a citizen of the United States, discovering a ledge or deposit containing gold, silver or other valuable mineral or metals in or upon any unfeneed and unimproved land in this State held in private ownership, excepting mining claims or mining property already located or occupied for mining purposes, may locate such ledge or deposit, in accordance with the laws of the United States and of this State in respect to the location of mining claims, the same as though such ledge or deposit was found upon the public domain, and may acquire title to such land so located by means of the special proceed- ings prescribed in this Act. The said special proceedings shall be sub- stantially as follows: .There shall be filed in the Clerk's office of the District Court in the county where the real estate is situated, a petition verified according to law, stating therein the name or names of the person or persons presenting the petition; that he or they have discov- ered a ledge or deposit containing gold, silver, or some other valuable mineral or metal; the description by metes and bounds, or by some other accurate designation of the tract or tracts of land, located in the manner of mining claims as herein provided and desired to be appro- priated for mining purposes ; that said land is more valuable for mining purposes than the purpose for which the same is being held ; the names of those in possession of said land, and those claiming any right, title or interest therein, so far as the same can be obtained by reasonable diligence. SEC. 3. That the proceedings following the filing of such petition shall be as prescribed in that certain Act of the Legislature of this State entitled "An Act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada," approved March 1, 1875, in so far as the same are not inconsistent with the provisions of this Act. SEC. 4. If upon the hearing of the petition filed as provided in this Act, it appears to the satisfaction of the Court or Judge thereof that the land in question is more valuable for mining than the purpose for which the same is being used, then the petitioner or petitioners shall TWKNTY-KIHST SKSSION. 17 title thereto in manner similar to that prescribed in the Act to which this Act is supplementary. SEC. 5. In determining the value of the land as a basis for the com- pensation which the petitioner or petitioners shall pay to the owners thereof, the minerals therein contained shall not be considered as going to make up the value, but the value which shall govern is the reason- able value of the land for the use to which the same has previously been put, or reasonably might be expected to be put [in] , in the future 1\ the owners thereof. VETO MESSAGE ON SENATE BILL NO. 63. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 26, 1903. To the Honorable the Secretary of State: I have the honor to deposit with you, without my approval, Senate Bill No. 63 An Act supplementary to an Act entitled "An Act to encourage the mining, milling, smelting or other reduction of ores in the State of Nevada." My objection to this measure is founded on the firm belief that its provisions are in direct violation of Section 8, Article I, of the Consti- tution of the State, which declares "that no person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation having been made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made." It is not probable that the object set forth in this bill can be con- sidered as actually giving the right of eminent domain, but rather to provide against the charge of trespass being made by the owner of the land. The right of eminent domain is only granted for "necessary pub- lic use." How can a prospector enter upon the land belonging to another, and knowingly say that this land is necessary for public use, when he has no knowledge of the utility of the land for any purpose whatever, but demands the right over and above the owner to investi- gate, and, if possible, find out in advance that the land is valuable for something which he seeks for his own enrichment f This is nothing less than the taking of private property for private use, and, under the provisions of this Act, pay the owner, not for the value of the land, but for just so much as the owner had knowledge of before. All of which is in direct conflict with the Constitution, which, as before stated, says: "Nor shall private property be taken for public use without just compensation having been first made or secured," there being no provisions anywhere for private property being taken for private use. If a railroad is to be built, the right of way can be secured for such public use, but the railroad must be built and operated; if the road is not operated, the right of way reverts to the original owner or his successor in title. Can the prospector give any positive assurance to the land owner that he will develop a mine that will be of public usef He certainly cannot do so, and should not be allowed to condemn the property for speculative purposes of his own. Sup- pose a mine should be discovered? Who will it belong to the man who discovers it, or the man who owns the land? This will bring the case to the courts, and endless litigation will follow. This issue has not yet 18 GOVERNOR'S VETO MESSAGES. been settled against the owner of the land, and, in my opinion, will not be determined by this Act should it become a law. Respectfully, JOHN- SPARKS, Governor. Senate Bill No. 70, INTRODUCED BY SENATOR PITT, MARCH 2, 1903. AN ACT FOR THE REGULATION OF THE PRACTICE OF MEDICINE AND SURGERY IN THE STATE OF NEVADA, PROVIDING FOR THE APPOINTMENT OF A BOARD OF MEDICAL EXAMINERS FOR SAID REGULATION, AND REPEALING ALL OTHER ACTS IN RELATION THERETO. The People of the State of Nevada, represented in Senate and Assembly, do enact as follow*: SECTION 1. There shall be a Board, consisting of five members, to be appointed by the Governor, which shall be known as the Board of Medical Examiners of the State of Nevada. The members of this Board shall consist of three members of .the regular school of medicine, one of the eclectic school of medicine and one of the homeopathic school of medicine. Each member appointed on this Board shall be of good moral standing, and known to be reputable, fair-minded, and worthy in all respects. Each member of this Board shall serve for four years from the date of his appointment. This Board shall meet on the first Monday of January and July of each and every year, at Carson City, to examine candidates for licenses to practice medicine and surgery in the State of Nevada. SEC. 2. The Board shall have power to issue licenses to any person who furnishes satisfactory proof of having received a degree or diploma from a chartered medical college in good standing and who shall pass a satisfactory examination before the Board. Holders of diplomas from foreign schools and colleges of medicine shall not be exempt from examination. The Board shall elect one of its members to be President and shall also elect one to be Secretary and Treasurer of the same. The President of the Board shall have power to call special meetings when- ever he shall deem it necessa.ry. Notice of each regular meeting of the Board shall be given by publication twice a week for each of the two weeks next preceding each meeting in four daily papers published in this State, the papers for such publication to be selected by the Presi- dent of the Board. The said Board shall procure a seal and shall receive through its Secretary applications for licenses, provided to be issued under this Act. The Secretary of the Board shall be empowered to issue temporary certificates to those applying for licenses to practice medicine and surgery in this State, such certificates to be valid until the next regular or special meeting of the Board, at which time the holders of such certificates must submit to examination by the Board. SEC. 3. It shall be unlawful for any person to practice medicine, TWENTY-FIRST SESSION. 19 surgery or obstetrics in Nevada, unless such person shall have passed a satisfactory examination before the examining board provided for in Section 1 of this Act, except under the authority of a temporary cer- tificate as provided in Section 2 of this Act; and, provided further, that the provisions of this Act shall not apply to women who have practiced obstetrics; provided further, that the provisions of this Act shall not apply to resident practicing physicians and surgeons who have already complied with the present existing laws. SEC. 4. No person after the passage of this Act shall in any way advertise as a doctor, physician or surgeon unless he shall have previ- ously received a license to practice medicine and surgery, either at the hands of the Board of Medical Examiners, already provided for in this Act, or under any prior Act of this State. SEC. 5. The fee for the examination provided for in this Act shall be forty (40) dollars, which shall be paid to the Secretary of the Board by the applicant before the examination may be begun or before the applicant may receive a temporary certificate as hereinafter provided. This fee shall not be returnable. Any person shall be regarded as practicing medicine who shall profess publicly to be a physician or who shall prescribe for the sick; but nothing herein contained shall be con- strued to prohibit gratuitous services in cases of emergency or to pro- hibit a physician or surgeon of the U. S. Army from the discharging of his duties as such; but none of the provisions of this Act shall apply to those who are now legally practicing medicine or surgery in the State of Nevada. SEC. 6. Any persons violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $100 nor more than $500 or by impris- onment in the county jail for a period of not less than three months or more than six months, or by both such fine and imprisonment at the discretion of the Court. SEC. 7. Each applicant for examination must present to the Board, in addition to satisfactory credentials as to his medical education, evi- dences of good moral character. He must also be personally examined by said Board as to his qualifications to practice medicine and surgery. The examinations must be conducted in the English language and shall be in whole or in part in writing on the following subjects, to wit: Anatomy, physiology, bacteriology, pathology, chemistry, toxicology, surgery, obstetrics, materia medica, therapeutics, and theory and prac- tice of medicine. The examination in the subjects of materia medica and therapeutics shall be conducted by the member or members of the Board representing the school of medicine under which the applicant applies for examination. A failure upon the part of any applicant to secure an average of 75 per cent on three or more subjects shall cause his rejection. SEC. 8. All moneys received by this Board shall be paid out upon its order for its actual necessary expenses and the expenses of its mem- bers incurred in attending its meetings. SEC. 9. Each license granted by the Board shall bear the seal of the Board and the signatures of all its members and shall authorize the person to whom it is issued to practice medicine and surgery in this State. SEC. 10. All examinations conducted bv this Board shall be fair 20 GOVERNOR'S VETO MESSAGES. and practical in character and for the purpose of determining the actual fitness of applicants to practice medicine and surgery. SEC. 11. This Board may refuse a certificate to any individual guilty of unprofessional or dishonorable conduct and may revoke any license for a like cause. In all cases of refusal or revocation the parties sub- jected to such refusal or revocation may appeal to the Courts for justice. SEC. 12. It shall be unlawful for any person to present to this Board any forged or fraudulent diploma or license, or one which was not issued to the person presenting the same, and any person who shall so present a diploma or license shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment in the county jail for a period of not less than fifty nor more than one hundred and eighty days, or by both such fine and imprisonment for each and every offense. SEC, 13. No member of the Board of Medical Examiners shall receive any compensation for any service or services rendered under the provisions of this Act. SEC. 14. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. VETO MESSAGE ON SENATE BILL NO. 40. EXECUTIVE CHAMBER, CARSON CITY, NEVADA, March 26, 1903. To the Honorable the Secretary of State: I have the honor to deposit with you, without my approval, Senate Bill No. 70 An Act for the regulation of the practice of medicine and surgery in the State of Nevada, and providing for the appointment of a Board of Medical Examiners. My objections to this measure are based on such lines of public pol- icy as have been presented to me by the members of the medical pro- fession in this State, there being a very decided difference of opinion relative to the law existing and the bill now under consideration, with reference to the meritorious features of both. The principal difference is on the question of examination of appli- cants. The proposed Act positively requires an examination before being allowed to practice in this State, except in case a temporary cer- tificate is granted by the Board until its next regular meeting. The present law permits the Board to issue licenses upon the applicant furnishing satisfactory proof of having received diplomas or licenses from reputable and legally chartered medical institutions of the United States which are in good standing, or from the State Examining Board of any State of the United States, providing the holder of said certifi- cate has been practicing in this State for at least five years. Now, in so far as examinations are concerned, I am disposed to believe that a physician who may stand the best examination is not always the best practitioner. Young men fresh from college would probably stand far in advance of older and far more reliable applicants in the treatment of disease. Our present law has apparently given good satisfaction, and the division of opinion by the medical men of the State has compelled me to hesitate in giving my approval to the bill, TWENTY-KIKST SKSSIOX. 21 nml I have liimlly concluded to withhold my approval, and permit the iicxl Legislature to take the matter up. Meantime, if I should dis- cover from evidence and observation that this Act is preferable, I will willingly recommend to the next Legislature by message the passage of the bill. Respectfully, JOHN SPARKS, Governor. 22 PROPOSED CONSTITUTIONAL AMENDMENTS. PROPOSED CONSTITUTIONAL AMENDMENTS To Be Acted on by the Twenty-second Session of the Nevada Legislature, 1905, for Approval or Rejection. Senate Concurrent Resolution No. 5, relative to amending Section 13, Article XV, of the Constitution of the State of Nevada. [Passed March 10, 1903.] Resolved by the Senate, the Assembly concurring, That the Constitu- tion of the State of Nevada be amended as follows: Amend Section 13, of Article XV, of the Constitution of the State of Nevada, so as to read as follows: Section 13. The enumeration of the inhabitants of this State taken under the direction of Congress in A. D. nineteen hundred, and every ten years thereafter, or such enumeration as the State may make, shall serve as the basis of representation in both houses of the Legislature ; provided, that each county now organized, and any county hereafter cre- ated, shall be entitled to at least one Senator and one Assemblyman. This resolution having remained in the hands of the Governor five days after having been placed in his hands during the Twenty-first Session of the Nevada Legislature, and no objections having been filed by his Excellency, it is therefore passed this 10th day of March A. D. 1903. W. G. DOUGLASS, By GEO. N. NOEL, Deputy. Secretary of State. Assembly Concurrent Resolution No. 3, proposing to amend Section 1 of Article IV, of the Constitution of Nevada, pertaining to the initia- tive and referendum, and other legislative authority and power con- nected therewith. [Passed March 12, 1903.] Resolved by the Assembly, the Senate concurring, That Section 1 of Article IV of the Constitution of the State of Nevada shall be and is hereby amended to read as follows: Section 1. The legislative authority of this State shall be vested in a Senate and an Assembly, which shall be designated " The Legislature of the State of Nevada," and the sessions of such Legislature shall be held at the Seat of government of the State. The people, however, reserve to themselves powers to propose laws and amendments to the Constitution, and to enact or reject the same at the polls, independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any Act of the Legislative Assembly. The first power reserved by the people is the initiative, and not less than ten (10) per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State not less than four months before the elec- tion at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety) either by PROPOSED CONSTITUTIONAL AMENDMENT- 23 petition, signed by seven (7) per cent of the legal voters, or by the Legislative Assembly, as other bills are enacted. Section 2. Referendum petitions shall be filed with the Secretary of State not more than sixty (60) days after the final adjournment of the ses- sion of the Legislature which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to meas- ures referred to the people. All elections on measures referred to the people of the State shall be at the biennial regular elections, except when the Legislature shall order a special election. Any measures referred to the people shall take effect and become a law when it is approved by the majority of the votes cast thereon, and not otherwise. The style of all bills shall be: Be it enacted by the People of the State of Nevada. This section shall not be so construed to deprive any member of the Legislature of the right to introduce any measure. The whole number of votes cast for the Justice of the Supreme Court at the regular elec- tion last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters neces- sary to sign petition shall be counted. Petitions and orders for the initi- ative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he and all other officers shall be guided by the general laws and the Act submitting this amendment until legislation shall be especially provided therefor. Jint and Concurrent Resolution, No. 13, amending the Constitution of the State of Nevada ~by adding thereto an article providing for pub- lic utilities. [Passed March 12, 1903.] Resolved by the Senate, the Assembly concurring, That the Constitu- tion of the State of Nevada be amended by adding thereto an article as follows : ARTICLE . PUBLIC UTILITIES. SECTION 1. The State may engage in the business of transportation and of furnishing water, lights, and means of communication to the people, and may provide such other public utilities as may become necessary or expedient, and for these purposes a State debt not exceed- ing ten per centum of the assessed value of the taxable property in the State may be created; provided, that no Act or resolution authorizing an expenditure of public money, or increasing the State debt for these purposes, shall be effective until it shall have received the sanction of the people by a majority of the votes cast at a general election. Assembly Concurrent Resolution No. 17, relative to amending Section 1 of Article X of the Constitution of the State of Nevada, pertaining to the assessment and taxation of patented mines. [Passed March 20, 1903.] Resolved by the^ Assembly , the Senate concurring, That the Constitu- tion of the State of Nevada be amended so as to read as follows: 24 PROPOSED CONSTITUTIONAL AMKNDMKNTS. Amend Section 1, Article X, of the Constitution of the State of Nevada, so that the same shall 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 regula- tions 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; and also excepting such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes.