BIENNIAL MESSAGE.

STATE OF NEVADA,

EXECUTIVE DEPARTMENT,

CARSON CITY, January 1, 1893.

Gentlemen of the Senate and of the Assembly:

In pursuance of the duty required of the Governor by the Constitution of the State of Nevada, that "he shall communicate, by message, to the Legislature at every regular session the condition of the State, and recommend such measures as he may deem expedient," I have the honor to transmit to you the following message:

STATE FINANCES.

A reading of the following synopsis will give you an outline of the general condition of the State finances during the years 1891–92:

Which constitutes the entire State debt at this time, exclusive of the indebtedness of the late Territory of Nevada, assumed by the State, as set forth in the Constitution. This indebtedness is represented by an irredeemable bond to the State School Fund, in the sum of $380,000, bearing interest at the rate of 5 per cent. per annum.

Cash in State Treasury at this date applicable to payment of State debt, $215,849 52, leaving a surplus of $15,093 39 after paying all claims against the State at this date, with the exception of the Territorial debt above mentioned.

Cash in the State Treasury applicable to the payment of State debt

195,158 60

$218,282 39

Cash in the State Treasury applicable to the payment of State debt.

Leaving the indebtedness in excess of coin on hand

210,655 13

$7,627 26

Twenty-eight amendments to the State Constitution were proposed at the fifteenth session of the Legislature of the State of Nevada. They were agreed to by a majority of all the members in each of the two Houses. They were entered on the respective journals of these Houses, with the yeas and nays taken thereon, and they were referred, and through the Secretary of State will be presented to the present Legislature. Section 1, Article XVI., of the Constitution, being the section directing how amendments shall be made, next requires the publication of these amendments. It does not inform the reader where, how, in what mode or manner, or by whom the amendments shall be published. Nor does it provide or suggest any method for the expense of publication. Of course, there was the general appropriation for official advertising made by the Legislature, which, some are of the opinion could have been used if any one had been designated to see to their publication, but nearly the whole of this fund had been provided for, leaving only a few hundred dollars for official advertising.

After careful investigation, and advice sought on all laws in any way appertaining to the question, it can safely be said that no statute exists providing manner, mode, means, or by what Board, person or persons such amendments on first publication shall be published. True, there are the laws providing for their publication and general distribution, in the bound volume of the statutes issued and

These

distributed immediately after the adjournment of the session. were complied with by Secretary of State Grey, and they will be found published in full in the statutes of 1891.

The Constitution requires that the amendments shall be published three months next preceding the choosing of the Legislature to which they are to be finally passed upon, and whose duty it is to submit them to the people for approval and ratification. These twenty-eight amendments were published in accordance with existing laws in the statutes of 1891, many months before the election of the present Legislature, and now the only question is, "is this a sufficient publication and a compliance with the provisions of the Constitution?" Eminent lawyers disagree. I am of the opinion. that it is. It remains with you, gentlemen, for decision, and the future disposition of these amendments rest with you also.

Prior to the last election, I called upon Attorney General Torreyson for his opinion on this important question, and it is herewith appended:

To R. K. Colcord, Governor of the State of Nevada:

SIR: You have submitted to me for my official opinion the following questions:

1. Is there any law, constitutional or statutory which provides for the publication of proposed amendments to the Constitution at any time before finally acted upon by the Legislature and submitted to the people for their adoption?

2. If such law exists, is it the duty of the Secretary of State or of any officer or of any board of officers to make such publication? The questions submitted are of public and paramount importance to the people of this State, and I have given the subject careful study and research. I answer both of the foregoing interrogatories in the negative. There is no law, constitutional or statutory, which makes provision for the publication of amendinents to the Constitution until such amendments have been proposed by one Legislature and agreed to by another Legislature and submitted to the people for ratification.

It is not the duty of the Secretary of State, or of any officer or any board of officers, under the Constitution or statutes of the State, to publish proposed amendments to the Constitution.

The Constitution of the State, Section 1, Article XVI., provides that "any amendment * * * to this Constitution may be proposed in the Senate or Assembly, and if agreed to proposed amendments * * * shall be *

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* * * such referred to

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the Legislature next to be chosen, and shall be published for three months next preceding the time of making such choice."

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It cannot be doubted that this provision contemplates the publication of amendments to the Constitution, prior to the election of the Legislature which is to finally submit such amendments to the