December 20, 2006

Nevada's Online State News Journal

 

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Nevada History:

 [From James G. Scrugham, Nevada: The Narrative of the Conquest of a Frontier Land (1935), vol. I, pp. 325-337]

XIV

JEWETT W. ADAMS, GOVERNOR 1883-1886

In 1880 Nevada went Democratic, the Hancock and English electors receiving majorities of 735 over the Garfield and Arthur electors. The Democrats elected C. H. Belknap to the Supreme Court, The vote for Congress was George W. Cassidy, Democrat, 9,815; R. M. Daggett, Republican, 8,578.[1]

In the general state election of November 7, 1882, the Democrats won just two offices, that of congressman and of governor, while the Republicans candidates were successful in all other offices. Jewett W. Adams, who for eight years had been lieutenant governor, was elected governor over Enoch Strother, a Republican, by a vote of 7,770 to 6,535. The other state officers chosen at that time were: Charles E. Laughton, Lieutenant Governor; John M. Dormer, Secretary of State ; O. R. Leonard, Justice of the Supreme Court; W. H. Davenport, Attorney General; James F. Hallock, State Controller ; George Tufly, State Treasurer ; E. S. Preble, Surveyor General ; C. S. Young, Superintendent of Public Instruction.

In the election of 1884 there were three tickets in the field for presidential electors, Republican, Democratic and Greenbacker. Only twenty-six votes were cast for the Greenbacker candidates. The Blaine and Logan electors had a plurality over the Cleveland and Hendricks ticket of 1586. William Woodburn was returned to Congress instead of Cassidy, and Thomas P. Hawley was elected to the Supreme Court.

Jewett W. Adams on retiring from the governor's chair in January, 1887, said : "Twice elected lieutenant governor and twice governor, during the long term of twelve consecutive years I have always endeavored to perform the duties of the respective offices in accordance with the constitution and the laws, and in the interest of the majority of my fellow citizens." It was his belief that his administration had been "the most economical one, all things considered, since the adoption of the constitution," and he regarded that as an especially proud distinction in view of the fact that he and other citizens still reverted "with pride and pleasure to the able and spotless administrations of Gov. L. R. Bradley and Gov. John H. Kinkead.

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Governor Adams had an extended experience in public life, but like Governor Bradley his economic viewpoint was that of a man from the "cow district." He was born in Grand Isle County, Vermont, August 6, 1835, had a district school education, and in 1851, at the age of sixteen, went to California. There he worked in the mines and from 1857 to 1860 conducted a general store in Mariposa County. From 1860 to 1864 he was paymaster of the Fremont Estate. Locating at Carson City in 1864, he engaged in stock raising. Governor Adams from 1894 to 1898 was superintendent of the United States Mint at Carson City. He died June 18, 1920.

The Silver Issue

In his inaugural message Governor Adams refers to some long standing issues such as Chinese exclusion, the demand for reduction and regulation of the rates of fares and freights on railroads, and renewed the recommendation of his predecessors for a state board of equalization. He took office, he said, at a time when the revenues of the state were constantly diminishing and the population gradually decreasing ; "when the industries languish and the prosperity is at a low ebb." The previous Legislature had reduced the salaries of all state officers and the chief expenses of the state government arose from the maintenance of the institutions—the state prison, orphans home, insane and deaf and dumb asylums. But whereas in 1881 the state tax on all property not including the net proceeds of mines had been approximately $255,000, the aggregate county tax at the same time amounted to $675,000. Consequently if the citizens expected any real relief from the burden of taxation they must look to reforms in expenditures of the county and municipal governments rather than a reduction of state expenses. In view of President Arthur's recent message to Congress and of the "well known sentiments of many prominent men in the monetary circles in the East," the governor thought that Nevada should be vigilant in doing all it could to avert the "threatened dissolution which would result from the demonetization of silver."

As the "silver state" Nevada has always been peculiarly sensitive to the world market for silver and to national and international policies respecting the uses of silver for money. For thirty years or more before the Comstock turned loose its flood of silver, there were relatively few silver dollars in circulation in the United States. The reason assigned for this is that the value of silver in the silver dollar until after 1870 was more than a dollar. Thus a silver dollar in 1870 was intrinsically worth $1.027. Then came the "crime of 1873," when Congress dropped the silver dollar from the list of standard coin. At the same time nearly a billion dollars of the nation's obligations, represented in treasury notes and greenbacks, were converted into long time bonds, redeemable only in "gold coin." Shortly afterward came the act declaring that by 1879 all greenbacks should be payable at par in gold. The effect of these various acts was to reduce the circulating currency of the country. This, as economists have pointed out, raised the value of money and decreased the level of prices. In other words, it continued the period of "deflation" for twenty years or more.

Then arose the cry, particularly in the Middle West and far West, for "cheap money," represented in part in the "greenback movement," and in the demand for the remonetization of silver. To satisfy this demand the Democratic House of Congress in 1878

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passed a free silver coinage bill. In the Republican Senate it was amended, so as to take away its free coinage character. President Hayes vetoed the measure in February, 1878, but it became a law over his veto.[2] While the Bland-Allison act, as it was known, was not a free coinage measure, it did impose upon the treasury department the requirements to buy from two million to four million dollars' worth of silver bullion each month and coin it. The act did not increase the dignity of the silver dollar, it did not place the nation on a bi-metallic money basis, but it did afford a market for a definite amount of silver bullion to be coined into silver dollars and stored in the vaults of the treasury. In the five year period 1871-75 the mint had coined approximately $168,000,000 in gold and less than $32,000,000 in silver. But in 1876-1880 the coinage of silver (in round numbers) was $136,000,000 and that of gold $242,000,000 ; in 1881-85 silver coinage was $143,000,000 to $243,-000,000 of gold ; and in the five-year period 1886-90, $175,000,000 in silver was coined to $126,000,000 in gold.[3]

Any suggestion in Congress or other official circles that this purchase and coinage of silver bullion would be restricted aroused immediate concern in the silver states of the West. In 1879 the Legislature had asked Nevada's representatives in Congress to use their influence to secure a countermanding of Secretary Sherman's order that the purchase and coinage of silver bullion be discontinued at the Carson mint.

During the Adams administration silver became a "burning issue," and at that time some of the early chapters of the "great silver debate" were written. The 1883 Legislature addressed three memorials to Congress on the subject. Two of them contain arguments that the silver producers of the West should receive the benefits of the "protective tariff policy." If the iron and copper industry were protected by high tariffs, why should not the same protection be afforded silver? "London quotations are made to control and regulate the price of American produced silver, Nevada's chief industry, while the chief industry of Pennsylvania, the production of iron and steel (as one instance of federal partiality and favoritism), is sustained by a protective tariff." With this plea was also coupled a demand for free coinage. It was claimed that the government had made a profit of over $10,000,000 in three years by purchasing silver bullion at London quotations, which represented a discount of nearly twenty-one cents per ounce below the face value of the coined dollar. "There can be no valid reason given for discriminating against the coinage of silver and in favor of gold, and we demand such change as will place the producers of both gold and silver on equal and exact terms."

Governor Adams in his message of January, 1885, called attention to the proposed convention at Denver of representatives of the silver mining districts of the West to take steps to meet the hostility which had been manifested toward the continued use of silver as money. "In his late annual message to Congress, President Arthur recommends that the coinage of silver be stopped. The Secretary of the Treasury makes a like recommendation in his annual report. . . . Having deprived us of a portion of our right of coinage, the government now proposes to degrade silver to an

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equality with the base metals by denying it all value as money. The mere recommendation contained in the President's message reduced the market price of silver over three cents per ounce." The Legislature promptly addressed a memorial to Congress, in which it was declared that at least 90 per cent of the population of Nevada, Colorado, New Mexico, Arizona, Utah, Idaho and Montana was entirely dependent upon the silver mining industry for support and maintenance and that the suspension of silver coinage would break down and destroy the great fabric of industrial economy which they had built up in these states and territories. The resolution also called upon the residents of the mining districts throughout the state to elect delegates to represent them at the Colorado Silver Convention in Denver, January 28, 1885.

The years 1885-86 passed without the threat to suspend silver coinage being put into execution. In the meantime there was some revival in both hope and production in Nevada.[4] But during these quiet years there were other activities which promised more significance in stabilizing the industrial economy of Nevada.

State Fair

The act of March 7, 1885, declared that the State Agricultural Society was a state institution. Another act divided the state into five agricultural districts, and authorized the formation of district associations, which should also be recognized as a state institution.

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The governor was required to appoint twelve citizens of the state to constitute a state board of agriculture, in which should be vested the management and control of the State Agricultural Society as a state institution and which should also provide for an annual fair or exhibition at Reno. The directors appointed by the governor[5] organized on April 18, 1885. Funds were subscribed by the citizens of Reno to insure a state fair, which was held from October 12 to 17. The president of the board in his first annual report said :

We have reason to be proud of the encouragement and success attending the first state fair under the auspices of the state. People came from distant counties and brought their exhibits and entered them for honorable competition. The interest daily increasing in stock raising was manifested by the exhibition of seven different breeds of cattle. Comparisons and experience in the best breeds adapted to the wants of our state will be of lasting benefit to our people. Cattle were shown that never fed on grain, and were as fat from feeding on our nutritious grasses as the best corn-fed from Illinois. Of horses there were shown as fine ones as are raised in any state or country. The exhibition in stock parade and speed ring was a credit to the breeders of these noble animals. Truly the state has wealth in the grasses grown here that in a few years will give our people prosperity, with comfortable and happy homes.

The mining outlook on the Comstock is not as encouraging as in years past. The heavy discount on silver alone has greatly injured this industry and threatened to paralyze it altogether. But in the face of discouragement the hunt for precious metals goes on. Other districts are being looked after. Other occupations are being sought and filled. The mining and agricultural interests are becoming more united and blended together in one common industry. Let us encourage the search for artesian water for our lands, for we have shown that water, soil and seed, thrown together, will produce something where nothing grew before.

There was racing every day at the fair. The best time in a running race for the mile was 1:47 1/4, and in the trotting the best time for a mile heat was 2 :32. Prizes were awarded for "the most accomplished and graceful lady riders," there was a military shooting tournament participated in by companies of the National Guard, and besides the premiums awarded the live stock and poultry there were exhibits of field and garden products of everything from alfalfa to hops, fruits and household fabrics and fancy work.

Nevada's Farm and Orchard Awards

There are other evidences of an increased appreciation of Nevada's products of field and range during this period. At the New Orleans exhibition the first prize award for wheat had been given to James Sullivan near Reno, and the second prize went to A. H. Hawley, a pioneer citizen of Smith Valley, who also won the

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first prize offered by the San Francisco Bulletin for the largest yield from one pound of seed of the Royal Australian wheat, Hawley obtaining a yield of 342 pounds from one pound of seed. "For several years the best potatoes in the market of San Francisco have been shipped from Nevada. . . Nevada was also awarded the first and second premiums at New Orleans for the best potatoes. Apples and pears do exceedingly well and are of superior quality and flavor. On apples, Nevada was granted the silver medal at New Orleans, and was barred the gold medal only on account of Kentucky having more varieties."[6]

[picture]

RANCH SCENE NEAR LAS VEGAS IN THE LAS VEGAS VALLEY

An abundance of water is taken from the great artesian belts that underlie the valley.

Farming with Water

            It was recognized that farming as a permanent industry would depend upon the development of irrigation and there were recommendations for a hydrographic survey of the state and the formation of an irrigation commission. On this subject the surveyor general said :

There is more water wasted in this state annually than there is used. There is no regular system of irrigation or use of water. Each farm is independent of the other, especially along a stream where each irrigator takes the water out through a ditch of his own. When irrigators are supplied through a corporation ditch a system is made use of and little water is wasted, but even then law suits occur from water being run from one farm on to another to the damage of the latter. In most places a system is very badly needed, as much more land could be cultivated and the present places more easily and profitably handled. . . .

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The country about Reno is a good example of what irrigation will do for our soil. Reno, a few years ago, was a railroad town with inferior houses, canvas tents, sands streets, situated on a sagebrush plain with the Truckee River running through it, and had a population of about 600. The valley differed in no respect from the sagebrush valleys of the state in regard to soil, but it had the river. Several miles from Reno were the Truckee Meadows, the natural grass lands caused by the overflow of the river and creeks of the valley. As time passed on the waters of the Truckee were turned into ditches and carried to the sage lands, and soon the valley about Reno was transformed from the gray, barren, unproductive country to dark green fields of alfalfa and timothy. Orchards abound and beautiful farms are now covering the valley. Reno has steadily improved in consequence of the use of water, and although the mines have fallen off in production, causing a less population in the large mining towns of the state, Reno has steadily improved, until it now claims 4,000 inhabitants. Irrigation has accomplished this for Reno, and irrigation can build up other portions of the state.

The Amendment Impasse

Throughout the Kinkead administration there had been insistent demand for amendments or a rewriting of the constitution with a view to reducing taxation, lessening expenditures, changing the form of the judiciary, and simplifying routine work in state departments and county governments. In 1883 the Legislature submitted to the voters the question of calling a constitutional convention. The response of the electors in November, 1884, was a large majority against a constitutional convention, the vote being 2,933 for and 4,155 against.

It was therefore necessary to amend the constitution piecemeal, and not by radical revision. In the election of 1886 large majorities were given in favor of each of three constitutional amendments. The first was changing the article on the method of amending the constitution so that an amendment proposal would require the vote of but one instead of two sessions of the Legislature in order to submit it to the people, and at the same time by making two-thirds of the House, instead of a bare majority, necessary to submit to the people such amendment. The third amendment permitted the investment of the school fund in United States bonds and the bonds not only of Nevada but of other states. However, it was the opinion of the attorney general and a special committee of the Senate in the twelfth session (1885) that the exact terms of the constitution had not been followed, in that the proposals had not been fully entered on the printed journals of both Houses. In 1888 the Supreme Court declared invalid these and other amendments that had been in the meantime ratified, and as a result the revision of the Constitution by the method of amendment had to begin all over again.[7]

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Community Interest and Schools

One conclusion that is permitted from a study of the official reports of this period is that the people of Nevada were becoming community-minded. They were no longer thinking in terms of quick wealth which they might spend in luxurious living elsewhere. They were settling down and adjusting themselves to the realities of their situation. They might complain of the burdens of taxa-

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tion and demand retrenchment in state and local government costs, but they could derive satisfaction from the knowledge that with a minimum of expense they could provide schools for the young. In a number of cases rate bills and private subscriptions were relied upon to support common schools, but with the apportionment from the state school fund and with a maximum tax of fifty cents on the hundred dollars in the individual counties, schools were supported in most of the counties for more than half the year. In Ormsby and Storey counties the average number of months of school during 1884 was ten, while in Eureka, Humboldt, Lander and Washoe, the children were afforded instruction for over eight months each year. At the close of his term in 1886 Governor Adams pointed with pride to the accumulation of nearly a million dollars in the state school funds.[8] Thus the educational endowment was increasing even while the revenues from other sources were declining.

There seemed to be a new interest and spirit in educational work. State Teachers institutes were held two or three times annually. By the act of 1885 the State Board of Education was empowered to issue state certificates, educational diplomas and life diplomas, and otherwise to exercise a general supervision over the schools of the state, prescribing uniform text books and other standards. As yet there were few school libraries. The total number of volumes in the school libraries of all the counties in 1886 was 1,407, and over 1,100 of these were in the schools of Ormsby, Storey and Washoe counties. Of 200 schools in the state in 1886, there were seven high schools.

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University Moved to Reno

One of the important events of the Adams administration was the removal of the university from Elko to Reno. This was done pursuant to the act of March 7, 1885.[9] One of the conditions precedent to the removal of the university was the payment by Washoe County of $20,000 to Elko County. Another was that the citizens or county commissioners of Washoe County should pay to the board of regents $5,000 to be used in the construction of a building suitable for the preparatory department of the university. In June, 1885, the board purchased ten acres of unimproved land at $125 an acre, situated north of and immediately adjacent to the town of Reno. On July 21, 1885, a contract was awarded for the erection

[picture]

STEWART HALL AND AN EARLY TRACK MEET,

UNIVERSITY OF NEVADA, RENO

of a building, three stories and basement, only the first story to be completed. The contract price was $12,700. The building fund comprised $5,000 received from Washoe County and a special appropriation of $10,000 from the general fund. Various delays occurred so that the building was not accepted by the board until February 15, 1886. In the meantime, from March to July, 1885, the school at Elko had been conducted by A. T. Stearns, as the last principal. J. W. McCammon was appointed principal for the term

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beginning March 1, 1886, and A. H. Willis, a graduate of Princeton College, was engaged as assaying and mining engineer. During 1886 two sessions were held, with fifty-six students enrolled, fourteen of them from places outside Washoe County. Most of them pursued the studies of the ordinary grade or high school curriculum, five being enrolled in the course for assaying, thirty-eight in physics and twelve in chemistry.[10]

Nevada Needs No Sympathy

In the review of the fiscal affairs of his administration Governor Adams stated that the revenue receipts from all sources during the four years had been approximately $1,700,000. The net coin balance in the treasury in January, 1883, was approximately $331,000:

[picture]

RANCH SCENE IN ELKO COUNTY

while the balance at the close of 1886 was about $448,000. Of this balance about $220,000 was money to be invested in bonds for school purposes. Some criticism had been made of the practice of borrowing from the school funds in order to keep the financial affairs of the state on a cash basis. Resort had been had to this fund in order to build the insane asylum at Reno. But the constitution permitted the investment of school funds only in United State bonds or in Nevada state bonds, and the governor justified the practice of substituting state bonds for the cash in the school funds, since in this manner "when the necessity existed for borrowing money, we have not been forced to go among strangers." All of the funded state debt at the end of 1886 was represented in obligations to the state school fund, including the $380,000 irredeemable bond.

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State Controller Hallock also joined with Governor Adams in expressing the belief that Nevada was on a more substantial economic basis than before. At the close of his term he referred to his prediction two years earlier that Nevada would continue to live and prosper in spite of the croakers who had been predicting disaster for the state. This defiance which he hurled at the pessimists in his report of January, 1885, is a justification of Nevada's being which deserves to live in the pages of history :

Are we failing in the courage which in former years was dampened by no obstacles, or are we held in thrall by a new class of men who are endeavoring to shape the destiny of the State with predetermination to consign it to political death, and to relegate its broad domain to its original obscurity? The continual whine of coming disaster does not sound like the cheery voice of the old-time citizen, who had abundant faith in the riches of our mountains and valleys, and the courage of brain and brawn that infused life rather than predicted death; but it sounds more like the coyote's cry of disappointment at finding a frisky steer where he expected a toothsome carcass. From without the State, too, come howls of derision and murmurs of sympathy because of our fallen condition; and from States whose condition, financially, is deplorable indeed in comparison with the financial condition of Nevada. From the City of New York, through one of its great daily papers, comes the declaration that "the State of Nevada has collapsed. It never was much of a State—never should have been admitted into the Union—and the continuance of any state in the monstrous condition of Nevada is a very serious matter." Now, is Nevada asking alms of any of her sister States that such an outcry is raised against her? Does she owe her sisters anything? Has she, as a State, cost the United States a greater sum than she would have cost as a Territory? Have any of the large crumbs from the Federal table, in the shape of appropriations, been thrown in her direction? Is she not in a far better condition, financially, than the great majority of the States in the Union, and finally, does it come with good grace for the City of New York, particularly, to say such hard things of us when her own debt is over $90,000,000, or about $100 for each man, woman and child of her population? The State of Nevada, instead of being bankrupt, owes no man nor corporation a dollar, and its warrants, unlike some other States', are not being hawked about the streets, but are promptly paid on presentation. Her indebtedness is all to her irreducible school funds ; those funds whose moneys can only be used for investment in United States or Nevada bonds, and the interest she pays all goes for the support of her public schools; and in contradistinction to the great City of New York, the debt of Nevada, over and above cash on hand applicable to its payment, does not amount to six dollars per capita of its population—and that debt is in the form of a bond irredeemable at the will of the people—and, surprising as it may seem to her detractors and those who claim that her admission into the Union was a mistake, this, the only indebtedness of Nevada, was contracted in aid of the United States in putting down the great rebellion which so seriously menaced the Union.


 

[1] George W. Cassidy was born in Bourbon County, Kentucky, April 25, 1836. He studied law, but did not practice, settled at Eureka in 1870, engaged in newspaper work, and was a member of the State Senate from 1872 to 1879. He took his seat in the Forty-seventh Congress in March, 1881, and by reelection in 1882, when he contested his seat with C. C. Powning, was a member of Congress until 1885. President Cleveland appointed him a national bank examiner, an office he held from 1886 to 1890. He was a candidate for Congress in 1884, 1888 and 1890, and in 1892 was again nominated by the Democratic party of Nevada, but he died at Reno June 24, 1892, before the election.

[2] This suggests at least one reason why Nevada went Democratic in the national election of 1880.

[3] Statistical abstract of the United States.

[4] The surveyor general's report for 1885-86 says on the subject of mines:

The mining prospects of the State are brighter. The rise in the price of silver has started up abandoned prospects. Gold is being discovered in various portions of the State, and the mines are affording a good yield: Valuable gold mines have been discovered in Esmeralda and Humboldt counties. The old reliable Comstock has been producing well the last two years, and all the mills in connection with these mines have been constantly at work to their full capacity. The yield of the Comstock is in fact increasing. Great ore bodies are being uncovered, in which gold predominates. Since the abandonment of the deep workings (from the 1,600 to the 3,200 foot level) attention has been devoted to the extension of the upper levels, and in working further east, a rich body of ore was found. The stocks are consequently "well up," and advancing, which is a sure thing that the masses will be poorer, and the "insiders" richer in a few weeks.

The mining outlook is full of encouragement. The establishment of reduction works at Reno will add very much to mining prosperity. They will give an impetus to prospecting and developing of small mines, which in turn will call for narrow-gauge railroads, that have done so much for Colorado and her mines. At these works a miner can dispose of his ore at a good price, without waiting for it to be worked, and have his money to further prospect his mine with.

Candelaria is quiet, having shut down while silver was so low, but there is a belief that the mines there will be opened again shortly.

Tuscarora has mines in which ore is found of fabulous value. To what extent, remains to be seen, but there is every indication of a very large ore body. If this were found on the Comstock it would produce an excitement eclipsing the old bonanza times.

Taylor, in White Pine County, is producing well, and shows excellent prospects.

Spring City and Willow Creek, Humboldt County, have good mines, and much ore has been worked to great profit. There are mines all over the state, of which no particular notice is taken, which are producing well. The production of mines in this state for 1885 and 1886, according to assessors' reports, was $14,000,000. Of this amount about sixty per cent is silver, the bulk of which finds its way to China, and never returns to this country. It is not coined here in any of our mints, but passes direct from the producers in the shape of bullion to Chinese purchasers.

[5] The names of the members of the first board were: G. W. Huffaker, C. C. Powning, B. F. Leete, Alvaro Evans, A. A. Longley, Theo. Winters, C. C. Stevenson, Fred Dangberg, Albert White, W. S. Bailey, John P. Sweeney and Joseph Marzen.

[6] Surveyor General's Report.

[7] The history of this amendment tangle is reviewed in detail by Governor Stevenson in his message of 1889:

                A great many amendments to the Constitution were proposed during the session of 1885, agreed to by a majority of all the members elected in each House, entered on the journal of the Senate, and imperfectly entered on the journal of the Assembly. In each House the yeas and nays were taken and recorded. Were they "referred to the Legislature then next to be chosen?" I believe that no such order was made in either House, at least none can be found on their journals. This raises the question as to whether any thing, required by the Constitution to be done in the premises by the Legislature, can be omitted, and if omission can be made, where is it permissible, and where not, and where is the line of distinction to be drawn between the indispensable and immaterial requirements of the Constitution respecting the amendment of that instrument? Do not all these requirements stand upon the same plane as being mandatory? If we may arbitrarily treat some as mandates, and others as mere immaterial direction—immaterial as to results whether followed or not—why not waive the call and entry of the yeas and nays, and simply enter on the journals that "the resolution to amend was agreed to by a majority of the members," or, even "by a majority of all present and voting thereon?" If anything is dispensable, as being mere direction, why not omit the publication "for three months next preceding the time of choosing the next Legislature?" These are mere suggestions, but are, I think, pertinent and pungent. I return again to the history of the amendments proposed in 1885. They were published for three months next preceding the general election of 1886. They were taken in hand by the Legislature in 1887, when some were "not agreed to," and that is the last of them, while eleven of them, it is claimed, were again "agreed to," as shown by the respective journals. I admit that the presumption is strong, but the proof not clear—not of that irrefutable character contemplated by fundamental law—that they were so "again agreed to." Then, in the first place, what was the next duty of the Legislature with respect to 'these second-time-agreed-to amendments? The Constitution answers: "To submit such proposed amendments to the people in such manner and at such a time as the Legislature shall (should) prescribe." It is, from this language, plainly seen that two things remained to be provided for, namely: the manner of the submission of the amendment to the people, and the time when the people should vote to ratify or reject them, and these two requirements could have been answered in one Act of the Legislature. Were they? An Act was passed, approved March 5, 1887, Statutes of 1887, page 122, entitled "An Act providing for the manner of submitting Constitutional Amendments to the voters of the State of Nevada." Let this "title" be borne in mind while another Constitutional provision is examined. Section seventeen of Article IV provides that "each law enacted by the Legislature shall embrace but one subject, and matter properly connected therewith, which subject shall be briefly expressed in the title." In other words, the title must be an intelligent indication of the purview, the scope, the object of the Act. Judged by this indisputably sound rule of Constitution, who, on reading the above "title," would for a moment suppose that the purview was intended to provide, or did provide, "the time" when the amendments should be voted upon by the people? The title is silent as the grave as to "the time," yet both manner and time must be "prescribed." Perhaps it will be argued against this position that "the time" was "matter properly connected with the subject," to wit: "the manner," expressed in the title. Just as well say that if the title had read as it does, save that "time" had been in place of "manner," and the Act had read as it does, "time" would have been the "one subject" and "manner" "the matter properly connected therewith." The fact is that neither one, as they relate to each other, is "subject" and the other "matter," but both are "matter," and the actual "one subject" of the Act is "provision for submitting Constitutional Amendments to the people." This, in substance, should have been the title, and then both "manner" and "time" would have been "matter properly connected therewith," being both incidents of the "one subject," to wit: submitting the amendments to the Constitution to the people. In this way both "manner" and "time" could have been "prescribed" in one Act. But as the title to the Act and the purview do not agree, and the "one subject" being legislated upon is not set out in the title, the whole Act is null and void. In plain language the Act is an attempt to legislate on the "one subject" without mentioning it in the title—mentioning therein only an incident of that "one subject."

                The Board of Examiners, after careful consideration, were of the opinion that, in consequence of irregularities and defects, they would not be justified in causing the eleven amendments, voted upon at the last election, to be published under that Act, incurring thereby great expense, with no reasonable promise of resulting good.

                The eleven amendments which had been "agreed to" by the twelfth and thirteenth Legislatures were voted upon by the people at the general election in 1888, when Nos. 1, 2, 3, 5, 20, 23 and 24 received a majority of all votes for and against them respectively; and No. 27 was voted down. These results show that considerable attention must have been given by the people to the nature and effect of the proposed amendments. Their means of acquiring an understanding was two-fold: First, the publication of them made in 1886, as well as in the Statutes of both 1885 and 1887; and, second, by inquiry, when the first mode could not be arrived at.

                The returns of the last election, as canvassed by the State Board of Examiners, having shown the above result, a proceeding was at once instituted in the Supreme Court to test the validity of those amendments voted upon and declared to have received majorities. The result of the judicial proceeding was a decision by a majority of the Court (Justice Hawley dissenting) that all the amendments are invalid, be-cause not published in accordance with the Act of 1887, hereinabove cited. So now, if any of those amendments are still necessary, you will have to begin anew with them.

[8] The assets of the state school fund at that time were $855,584; of the university fund, $38,081; and of the mining school fund, $87,591

[9] "During the closing hours of the twelfth session of the Nevada Legislature two acts were passed to carry into effect the scheme of removing the state university from Eastern to Western Nevada. The rivalry of communities contending for the distinction of having the university transferred to their particular town, aggravated the evil of the haste which attended this important legislation. At the threshold of their new labors the board of regents were met by difficulties growing out of the interpretation of the laws they were required to carry into effect. It was only by the exercise of good sense, by all the parties interested, the State of Nevada, and the counties of Elko and Washoe, that it ultimately became possible to avoid serious legal complications and to relocate the university."—Report of the Board of Regents, January 24, 1887.

[10] "A number of applicants have desired to learn assaying and nothing else. On examination most of them were found to be deficient in the rudimentary branches leading up to this topic, such as arithmetic, algebra, natural philosophy and chemistry, and the faculty, believing that no work should be done that would not be creditable to the university, have declined these applications."—Report of A. H. Willis.