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Lammon
Coburn.

PRINTING.

RAILROADS.

Douglas . Storey

. Lander

Woodworth.

Moulton..

Hanford.
Moody.
Hanson

Mr. Mayhugh, on leave, introduced the following resolution:

Humboldt
Washoe

. Storey
Lander

. Ormsby

Resolved, That the Standing Committees on Counties and County Boundaries, and Railroads, be each allowed a clerk; the Committees on Mines and Mining, and Public Lands, one clerk jointly, and the Committees on Education, and Elections, one clerk jointly.

Adopted.

On motion of Mr. Hillyer, at 12 o'clock м. the House adjourned.

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The undersigned, comprising the Humboldt County delegation, to which was referred Assembly Bill No. 7, entitled "An Act for the relief of C. S. Varian," respectfully report that they have had the same under consideration, have come to a favorable conclusion thereon, and report the same back to the House without amendment, and recommend its passage.

J. M. WOODWORTH,
R. H. SCOTT,

T. W. RULE.

Mr. Speaker:

Your Committee, appointed to confer with a like Committee from the Senate on Joint Rules, beg leave to report that we unanimously recommend the adoption of the Joint Rules of last session for the government of the two Houses.

Respectfully submitted,

WM. H. CORBETT, Chairman.
WM. G. MONROE, Chairman.

Mr. Speaker:

Your Special Committee, appointed to report rules for governing the House for this present session, would most respectfully recommend the adoption of the rules of the last session.

Mr. Speaker:

W. D. GRAY, Chairman.

Your Committee, to whom was referred the subject of the expediency of having or electing an Official Reporter for the Assembly for the present Legislature, beg leave to most respectfully report as follows: Section 28 of Article II of the Constitution of the State of Nevada reads as follows: "No money shall be drawn from the State Treasury as salary or compensation to any officer or employé of the Legislature, or either branch thereof, except in cases where such salary or compensation has been fixed by a law in force prior to the election or appointment of such officer or employé, and the salary or compensation so fixed shall neither be increased or diminished so as to apply to any officer or employé of the Legislature, or either branch thereof, at such session; provided, that this restriction shall not apply to the first session of the Legislature." If this is not sufficiently plain to restrict this Legislature from making such appropriation of money as would be made in this instance, it is surely made sufficiently plain in the proviso. We find no law on the statute books of former sessions which permits or provides for the election, appointment, or employment of an Official Reporter for this Assembly, nor for the payment for such services as may be rendered by such officer or employé. Such being the case, [we] cannot see how we can elect, appoint, or employ such officer (however much his services may be required) without first making a law creating the office, fixing the salary, and then electing to the office, which latter shall be done after the law is made and not before.

In Section 33, Article II, of the Constitution, we find the following: "The members of the Legislature shall receive for their services a compensation to be fixed by law and paid out of the public Treasury, but no increase of such compensation shall take effect during the term for which the members of either House shall have been elected." The first section quoted is equally as binding as this. Suppose this body should increase the compensation of its members per day to one or more dollars, and enforce its collection, would it not be a flagrant violation of our Constitution? Yet not any more so, in our judgment, than the election, appointment or employment of an Official Reporter, and payment for services would be, if such action was taken by this body as the matter now stands, without any prior law to that effect, as plainly stated and contemplated by the Constitution of our State.

Again, Section 19 of the same Article provides that "no money shall be drawn from the Treasury but in consequence of an appropriation made by law." If we pass an Act to draw money for our Contingent Fund it is an appropriation. If we pay our Official Reporter (and we certainly should if we have one) we pay him money drawn from the public Treasury for that purpose by a law enacted and not by resolution; and such law must be made prior to, not after, his election, as clearly proved by the sections referred to.

We therefore submit that we cannot elect, employ, or have the services of an Official Reporter, until we first pass a law providing for ore, and fixing his compensation or salary as constitutionally required in plain ter ns.

Very respectfully submitted,

A. C. CLEVELAND, Chairman.
C. D. KING,

WM. H. CORBETT.

On motion of Mr. Tennant, the report on Official Reporter was made the special order for next Thursday at 12 м.

RESOLUTIONS.

Mr. Hillyer introduced Assembly Concurrent Resolution No. 5.
Adopted.

By Mr. Mayhugh:

Resolved, That in voting for United States Senator each member shall rise in his place as his name is called by the Clerk and pronounce the name of the person he desires to vote for as Senator to represent this State in the United States Senate.

By Mr. Rule:

WHEREAS, The Standing Committees on Mines and Mining Interests, and on Public Lands, having investigated as far as practicable the business which will be brought before them during the session; and whereas, said Committees were by resolution joined for clerical purposes before such investigation; therefore be it

Resolved, That the resolution joining the Committee on Mines and Mining Interests with the Committee on Public Lands for clerical purposes be and the same is hereby rescinded, and that the Committee on Public Lands and that on Swamp and Overflowed Lands be joined for clerical purposes.

Adopted.

Mr. Speaker announced as Committee on Swamp and Overflowed Lands: Scott...

Dangberg.
Shimmin.

Cleveland.

Doolin ...

. Humboldt ...Douglas Esmeralda Washoe

Nye

NOTICES.

Mr. Tennant gave notice that he would, on some future day, introduce Concurrent Resolutions granting leave of absence to James M. Dawley, Sheriff of Lander County.

Mr. Welch gave notice that he would, on some future day, ask leave to introduce a bill to regulate the hours of labor in this State.

Mr. Anderson gave notice that he would, on some future day, ask leave to introduce a bill entitled "An Act to prohibit Gaming."

Mr. Welch, pursuant to previous notice, introduced Assembly Bill No. 11, entitled "An Act to amend an Act entitled 'An Act to regulate Fees and Compensation for Official and other services in the State of Nevada,' approved March 9th, 1868." [1865.]

Read first time; rules suspended; read second time by title, and referred to the Storey County delegation.

Mr. Mayhugh, pursuant to notice, introduced Assembly Bill No. 12, entitled "An Act to transfer certain moneys in the Indigent Sick Fund of Esmeralda County to the Redemption and Salary Funds of said County."

Read first time; rules suspended; read second time by title, and referred to the Esmeralda County delegation.

Mr. Moulton, pursuant to notice, introduced Assembly Bill No. 13, entitled "An Act to amend an Act entitled 'An Act to create a Board of County Commissioners in the several Counties of this State, and to define their duties and powers,' approved March 8th, 1865.”

Read first time; rules suspended; read second time by title, referred to Judiciary Committee, and the usual number of copies ordered printed.

Mr. Doolin, pursuant to notice, introduced Assembly Bill No. 14, entitled "An Act to repeal an Act entitled 'An Act to prohibit carrying Concealed Weapons,' approved February 27th, 1867."

Read first time; rules suspended; read second time by title, and referred to Committee on Public Morals.

Mr. Shakspere, pursuant to notice, introduced Assembly Bill No. 15, entitled "An Act to amend an Act entitled 'An Act to provide Revenue for the Support of the Government of the State of Nevada,' approved March 9th, 1865," as amended by an Act entitled an Act to amend an Act entitled "An Act to provide Revenue for the Support of the Government of the State of Nevada, approved March 9th, 1865, approved February 24th, 1865,” as further amended by an Act entitled "An Act to amend an Act to provide Revenue for the Support of the Government of the State of Nevada, approved April 2d, 1867."

Read first time; rules suspended; read second time by title, and referred to Committee on Mines and Mining Interests.

THIRD READING OF BILLS.

Assembly Bill No. 7, entitled "An Act for the relief of C. S. Varian.”
Report of Committee adopted, and bill ordered engrossed.

On motion of Mr. Hillyer, Senate Joint Resolution No. 9, in regard to printing Joint Rules, was taken from the table and passed.

Mr. Gray, by leave, introduced Assembly Bill No. 16, entitled "An Act to redistrict the State of Nevada into Judicial Districts, and to fix the Salaries of Judges and the terms of Court therein."

Read first time.

SPECIAL ORDER

For 12 [o'clock] M. being the election of United States Senator, Mr. Mayhugh nominated Hon. Wm. M. Stewart.

Mr. Randall nominated Gen. Thos. H. Williams.

Mr. Cleveland nominated Mr. B. C. Whitman.

The nominations were declared closed and the roll was called, with the following result:

For Hon. Wm. M. Stewart-Messrs. Anderson, Barney, Bowman, Brown, Bunker, Burson, Burlingame, Coburn, Corbett, Dangberg, Davis, Doolin, Ford, Gray, Hanford, Hanson, Hillyer, King, Lammon, Mayhugh, Moody, Moulton, Potter, Richardson, Rule, Scott, Shakspere, Shimmin, Small, Tennant, Welch, Woodworth, Wright, and Mr. Speaker-34.

For Gen. Thos. H. Williams-Messrs. Clark, Mills, Randall, and Waller-1. For Mr. B. C. Whitman-Mr. Cleveland-1.

Mr. Speaker announced the result, and the Clerk was ordered to record upon the Journals the same, as required by the Act of Congress.

On motion of Mr. Hillyer, Assembly Bill No. 16, entitled "An Act to redistrict the State of Nevada," was taken up.

Rules suspended; read second time by title, and referred to Judiciary Committee.

Mr. Gray, by leave, introduced Assembly Bill No. 17, entitled "An Act concerning the Election of District Judges."

Read first time; rules suspended; read second time by title, and referred to Judiciary Committee.

Mr. Anderson, by leave, introduced the following resolution:

Resolved, That the report of the Committee on Standing Rules, recommending the adoption of the rules of the last Legislature, be and is hereby adopted for the government of this body during its session.

Adopted.

On motion of Mr. Mayhugh, at 12:18 the House adjourned.

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Mr. Welch asked leave of absence for Mr. Potter for one day.

Leave granted.

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