xt72bv79vs7j https://exploreuk.uky.edu/dips/xt72bv79vs7j/data/mets.xml Nevada United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- Lander, David S. 1936 11 p.; 27 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:36/N 41d books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Nevada Works Progress Administration Publications Public welfare -- Law and legislation -- Nevada Social workers -- Legal status, laws, etc. -- Nevada Constitutional law -- Nevada Analysis of Constitutional Provisions Affecting Public Welfare in the State of Nevada text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Nevada 1936 1936 2019 true xt72bv79vs7j section xt72bv79vs7j TI: T7 PMMT
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I MAY 15, 1957
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I This bulletin is one of a series presenting
, State constitutional provisions affecting public wel—

1. fare, prepared to supplement the State by State digests

?- of public welfare laws so as to provide in abstract

, form the basis for the public welfare services of the

3 several States.


g’ Q The provisions quoted are those concerned

directly with public welfare administration and such

others as may substantially affect a public welfare

33 program, even though only indirectly related. It would

5 be impossible to consider within the limits of this

:1 study every remotely connected constitutional provi-

3 e sion. The indirectly related provisions included,

3‘ therefore, have been restricted to those concerning

6 finance, legislation, and the methods of constitutional

3 amendment.

I An attempt has been made, by a careful selec—

I-j ' tion of the most recent cases decided by the highest

; courts of the States, to indicate wherever possible how


these provisions have been construed. These cases are

’3 included in footnotes appended to the constitutional

3 provisions shown.


.; "' It is hoped that these abstracts will be

useful to those interested in public welfare questions

33 in indicating how State and local public welfare admin—

3 istration may be affectedby constitutional powers and

L limitations.




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2‘ Page
i Incidence of Responsibility for Welfare Program.................. 1
.3 Financial Powers and Limitations................................. 1
E ‘ Taxation and Assessments.................................... 1
E Exemptions.................................................. 4
E Borrowing and Use of Credit................................. 4
g Other Income................................................ 6
5 Appropriations and Expenditures:............................ 6
E Provisions Affecting Legislation................................. 7
ié ’6 Constitutional Amendment or Revision............................. 10


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f I. Incidence of Responsibility for Welfare Program

i e A. Institutions f0r the benefit of the insane, blind and deaf

j and dumb, and such other benevolent institutions as the public good may

C require, shall be fostered and supported by the state, subject to such ‘

a regulations as may be prescribed by law.2

{ B. A state prison shall be established and maintained in such

, manner as may be prescribed by law; and provision may be made by law for

f ‘ the establishment and. maintenance of a house of refuge for Juvenile of—

, fenders.3


: II. Financial Powers and Limitations ’



i o A. Taxation and Assessments .

g (1) State

i ‘ (a) The legislature shall provide bylaw for a uniform

' and equal rate of assessment and taxation,andshall prescribe such regu-

; a lations 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

A when patented,each;mtented mine shall be assessed at not less than five

:i ‘ hundred dollars ($500), except when one hundred dollars ($100) in labor

. has been actually performed. on such patented mine during the year, in

i ‘ additioniX)the tax uponthe netproceeds,and also,excepting such property

§ 1Constitution (1864). as published by the State of Nevada (1935), and certified to by

l; the Secretary or State; with all amendments to May 15, 1937.

{i The Legislature has supreme power in all matters or government where not pro-

; a hibited by constitutional limitations. In re Boyce, 27 Nev. 299, 75 P. 1 (1904).

{, Without any express provision in the Constitution the I'authority to provide for
the health,safety,and welfare or the citizen is inherent in the police power or the
Legislature." A statute, providing an 8-hour day for all workingmen in mines, smelt-
ers, and mills for the reduction or ores. was held constitutional. Ibid.

i "If the object to be accomplished is conducive to the public interest, the Leg—

: islature may exercise a large liberty or choice in the means employed to enforce an

" exertion of its police powers.’I Itcaina vs. Marble, 55 P. (2d) 625, 631 (1936).

( 6‘

2f ZConstitution, Art. XIII, Sec. 1.

{A 5Constitution, Art. XIII, Sec. 2.

0* 1

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2 Nevada -
II. Financial Powers and Limitations—Continued ,
. 1'
A. Taxation and Assessments-Continued . _,
(1) State—Continued '
as may be exempted by law for municipal, educational, literary, scientific, . I
or other charitable purposes.4
(b) The total tax levy for all public purposes includ— .
. . . . . . 0
lug levies for bonds, Within the state, or any subd1v1510n thereof, shall '_
not exceed five cents on one dollar of assessed valuation.5 ‘
(c) The legislature shall provide by law foran annual ‘
tax sufficient to defray the estimated expenses of the state for each
fiscal year; and whenever the expenses of any year shall exceed the income,
. . o
the legislature shall provide for levying a tax sufficient, with other
sources of income, to pay the deficiency, as well as the estimated expenses
of such ensuing years or two years.6 ,
(d) The legislature shall provide a special tax, which
shall not exceed two mills on the dollar of all taxable property in the .
state, in addition to the other means provided for the support and main—
tenance of said university and common schools.7
(e) The legislature shall provide by law for the pay— . ,
ment of an annual poll tax, of not less than two nor exceeding four dol—
lars, from each male person resident in the state between the ages of- 0' ‘
4Constitution, Art. X, Sec. 1. ‘.
"Full legislative power is, save as specially restricted by the Constitution, 1
vested in the Legislature. Taxation is a legislative power. Full discretion and '
control, therefore, in reference to it, is vested in the Legislature, save when spe— .
cially restricted. * 2k :4: In the absence of any constitutional prohibition or re— '
striction, it is within the undoubted power of the Legislature to impose a tax upon
employments, occupations, or avocations, or to authorize municipal authorities to do
so. " A municipal ordinance requiring attorneys to pay a license fee the rate grad— p
uated according to income was held not to violate this section. Ex parte Dixon, 43 ,
Nev. 196, 183 P. 642 (1919). F
"We are of the opinion that section 1 of article X refers particularly to the
levy of ad valorem taxes on all property, real and personal, which can and must be .
comparitively uniform and equal, and does not apply to licenses imposed for conducting
any business or profession which, from the very nature of the case, cannot be made
perfectly uniform and equal. ' A statute which required monthly payment of a fixed
amount from traveling merchants without regard to the amount of income or sales made
was held not to contravene this section. Ex parte Robinson, 12 Nev. 263 (1877). ‘
An inheritance tax was held to be not a property tax but an excise tax, levied
upon the privilege of transferring property. Cole vs. Nickel, 17'? P. 409 (1919).
5Constitution, Art. X. Sec. 2, adopted November 3, 1936. ‘
Prior to the adoption of this amendment the court had held that there was no
provision in the State Constitution fixing a maximum levyvbeyond which the Legislature
might not go. State ex rel. Eggers vs. Esser, 35 Nev. 429, 129 P. 557, 559 (1913).
6Constitution, Art. IX, Sec. 2. ‘
7Constitution, Art. XI, Sec. 6. .

 'I q
3' Nevada 3
'I' a II. Financial Powers and Limitations-Continued
I A. Taxation and Assessments—Continued
‘ (1) State—~Continued
I- twenty—one and sixty years (uncivilized American Indians ex’cepted), to
f " be expended for the maintenance and betterment of the public roads.8
‘ (f) All real property and possessory rights to the
I .
I . same, as well as personal property in this state, belonging to corporations
I now existing or hereafter created, shall be subject to taxation the same
5 as property of individuals; provided, that the property of corporations ,
formed for municipal, charitable, religious, or educational purposes may
3 be exempted by law.9 -
' Q (2) Counties
} The legislature shall provide by law for the election
5 of‘ a board of county commissioners in each county, and such county com—
i missioners shall, jointly and individually, perform such duties as may
5 be prescribed by law.10
I m (3) Other Local Units
' The le islature shall rovide for the or anization of
g p g
\ /‘ o n .
, ‘ Citles and towns by general laws and shall restrict their power of taxa—
5 tion, assessment, borrowing money, contracting debts and loaning their
I‘ . . . .
_ credit, except for procur1ng supplies of water; prov1ded, however, that
I '0 the legislature may, by general laws, in the manner and to the extent
5 therein provided, permit and authorize the electors of any city or town
I to frame, adopt and amend a charter for its own government, or to amend
' _ any existing charter of such city or town.11
" ———_—___.
i 0 8Constitution, Art. II, Sec. 7.
The payment of a poll tax was held not a condition precedent to the exercise of
the right to vote unless the Legislature makes it so. Bryant vs. Anderson, 24 Nev.
‘ 526, 53 P. 497 (1898).
1 9Constitution, Art. VIII, Sec. 2. .
I" The words ”property in this state' were held to mean property taxable in the
State and not property physically located in the State. Where ships had no actual
f situs for purposes of taxation and were owned by a Nevada Corporation, they were held
’ o to be taxable in Nevada because, since they had no situs, they were not taxable else—
I where, and so should be taxable at the domicile of the owner. State ex rel. United
States Lines Company vs. Second Judicial District Court of Nevada, 45 P. (2d) 175

Where an express company did both an interstate and intrastate business it was
held that both its tangible and intangible property could be assessed and taxed to
I the extent or the actual cash value or such property used within the State. State
I vs. Wells Fargo & Company, 38 Nev. 505. 150 P. 836 (1915).

I ‘ 10Constitution, Art. IV, Sec. 26.
, The limitation or the amount Or county taxation is fixed by statute. State ex
I rel. Eggers Vs. Esser, 55 Nev. 429, 129 P. 557 (1915).
' 11Constitution, Art. VIII, Sec. 8.
1 A board or city council is a body possessed Of but limited and special powers,
I. © as are especially granted by the Constitution and the Legislature, and when the
.‘ . .
, . r. k 7 — . \‘ ‘N 4

4 Nevada
II. Financial Powers and Limitations—Continued
B. Exemptions
(1) The legislature shall provide bylaw for * * ‘3‘ as—
sessment and taxation, * :a * excepting such property as may be ex—
empted by law for municipal, educational, literary, scientific, or other
charitable purposes. 12
(2) All real property and possessory rights to the same,
as well as personal property in this state, belonging to corporations now '
existing or hereafter created, shall be subject to taxation the same as
property of individuals; provided, that the property of‘ corporations formed
for municipal, charitable, religious, or educational purposes may be ex-
empted by law.“
c . .
C. Borrowing and Use of Credit
(1) State
(a) The state may contract public debts; but such ‘
debts shall never, in the aggregate, exclusive of interest, exceed the
'sum of one per cent of the assessed valuation of the state, as shown by .
the reports of the county assessors to the state controller, except for
the purpose of defraying extraordinary expenses, as hereinafter mentioned.
Every such debt shall be authorized by law for some purpose or purposes, .
to be distinctly specified therein; and every such law shall provide for
levying an annual tax sufficient to pay the interest semiannually, and .
the principal within twenty years from the passage of such law, and shall
specially appropriate the proceeds of said taxes to the payment of said
principal and interest; and such appropriation shall not be repealed nor
statutes prescribe the mode of exercising these powers, such statutes must be :01—
lowed. It was held that a city must fulfill the requirements or a statute which .
provided that 60 percent of the voters of the city sign a. petition in order to amend .
the city charter. Caton vs. Frank, 44 P. (2d) 521 (1955).
Where a city was operating under a home—rule charter, however, adopted pursuant
to the Constitution and the statutes, aprovision in the charter which was inconsist-
ent with a subsequent general statute was held to prevail over the statute.
Where the Legislature, under the Constitution, has authorized home-rule cities
and towns to legislate upon particular subjects, such local legislation passed pur-
suant thereto was held to be exclusive within its field. State ex rel. Owens vs. .
Doxey, 55 Nev. 186, 28 P. (2d) 122 (1934). See p. 5, footnote 18.
1‘(aConstitutiom Ant. x, Sec. 1.
For the complete section, see p. 1, par. (a).
The Legislature cannot exempt any property from taxation except that which is
specified in this section. A statute exempting money lent on mortgage security was
held invalid because such an exemption didnot come within the terms of this section; ,
State vs. Carson City Savings Bank, 17 Nev. 146, 50 P. 703 (1882). . ‘
All property is subject to taxation, and the Legislature cannot exempt any tax- _
able property except that specifically mentioned in the Constitution. State ex rel. ;
United States Lines Company vs. Second Judicial District Court of Nevada, 45 F. (2d) ‘
173 (1935). .
15Constitution, Art. VIII, Sec. 2. 1
See footnote 12, above. ' . 1
. o ‘

1 6‘
1. Nevada 5
I” O
Q" . II. Financial Powers and Limitations—Continued
7" ’F
if C. Borrowing and Use of Credit—Continued
“ , (1) State—Continued
{I the taxes postponed ordiminished until the principal and interest of said
i debts shall have been wholly paid. Every contract of indebtedness entered
I 6
5 into or assumed by or on behalf of the state, when all its debts and li—
f abilities amount to said sum before mentioned, shall be void and of no
I a effect, except in cases of money borrowed to repel invasion, suppress
; insurrection, defend the state in time of war, or, ifhostilities be threat-
3 ened, provide for the public defense.” * ’3‘ ’3
E (b) The state shall never assume the debts of any
2 county, town, city, or other corporation whatever, unless such debts have
\{ 3 been created to repel invasion, suppress insurrection, or to provide for
. the public defense.15
" (c) The state shall not donate or loan money or its
1 credit, subscribe to or be interested in the stock of any company, asso—
ciation, or corporation, except corporations formed for educational or
I" ,. charitable purposes.16
g. (2) Counties
I . No provision.”
.I’ (3) Other local Units
‘ a (a) The legislature shall provide for the organiza~
: tion of cities and towns by general laws and shall restrict their power
'; of taxation, assessment, borrowing money, contracting debts and loaning
j . their credit, except for procuring supplies of water; 18 =3 * ’3.
j (b) No county, city, town, or other municipal cor—
‘1 , poration shall become a stockholder in any joint—stock company, corpo—
ration, or association whatever, or loan its credit in aid of any such
j, Constitution, Art. IX, Sec. 3. '
Warrants payable out of funds not yet in the State Treasury were held not
I} to constitute a "debt" within the meaning of this section. State ex rel. Ash vs.
E a, Parkinson, 5 Nev. 15 (1869).
H 15Constitution, Art. IX, Sec. 4.
16Constitution, Art. VIII, Sec. 9.
_ 17By a general act or 1933 the Legislature has authorized counties to borrow meney
'; upon approval of the voters of the county. Washoe County Water Conservation District
; vs. Beemer, 45 P. (2d) 779, 782 (1955).
5 5 18Constitution, Art, VIII, Sec. 8.
. Where a statute required the approval of the voters to authorize a municipal
bond issue, and required the bonds all to mature on the same date, a municipal elec-
3 tion authorizing the issuance of bonds maturing at different dates was held not to
: give the city council power to issue any bonds, because it would be impossible to
'1 ”F\ say to what extent the maturity dates as set out in the election notices influenced
1 O the voters. State ex rel. Adams vs. Allen, 55 Nev. 346, 54 P. (2d).1o‘74 (1954). 1
3 G q ’
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6 Nevada
II. Financial Powers and Limitations—Continued .
C. Borrowing and Use of Credit—Continued
(3) Other Local Units—Continued
company, corporation, or association, except railroad corporations, com-
panies, or associations.19 0
D. Other Income
All lands, ’5‘ * * donated for the benefit of public schools '
in the act of * * * Congress, * * "" and all proceeds of lands that
have been or may hereafter be granted or appropriated by the United States
to this state, * * * all estates that may escheat to the state; all
of such per centum as may be granted by Congress on the sale of lands;
all fines collected under the penal laws of the state; all property given 0
or bequeathed to the state for educational purposes, and all proceeds de—
rived from any or all of said sources shall be * * * pledged for ed-
ucational purposes, and shall not be transferred to any other funds for
other uses; and the interest thereon shall, from time to time, be appor—
tioned among the several counties as the legislature may provide by law; .
* * * provided, that the interest only of the aforesaid proceeds shall
be used. for educational purposes,20 ’5‘ * *.
E. Appropriations and Expenditures .
(1) No money shall be drawn from the treasury but in con-
. 0
sequence of appropriations made by law. An accurate statement of the
receipts and expenditures of the public money shall be attached to and
published with the laws at every regular session of the legislature.'?‘1
(2) No public funds of any kind or character whatever,
state, county, or municipal, shall be used for sectarian purposes.22
Constitution, Art. VIII, Sec. 10.
A statute which authorized a county, in order to obtain a Federal grant to engage
in a water storage project, to issue noninterest—bearing bonds of the county for
$500,000, delivering the bonds to a water conservation district, and levying and
collecting taxes for their payment, was held not violative of this section. The
statute was held not to authorize the loaning of the credit of the county to a cor- 0
poration, but merely to allow the county to further a project for its own benefit,
and issue bonds therefor. Washoe County Water Conservation District vs. Beemer, 45
F. (2d) 779 (1935).
20Constitution, Art. XI, Sec. 5.
21Constitution, Art. IV, Sec. 19.
This section does not require that the fund out of which the appropriation is to
be made should be named in the appropriation act. State ex rel. Keith vs. Westerfield, '
23 Nev. 468, 49 P. 119 (1897).
ZZConstitution, Art. XI, Sec. 10.
The term "sectarian purpose" in this section was held to have been intended in
the popular sense to include a religious sect or a body of persons united inreligious
tenets differing from those of other sects or bodies of persons. An appropriation .
to an orphanage was held to be void as an appropriation for a sectarian purpose

 rt. 0
j’ Nevada 7
E O.
g p III. Provisions Affecting Legislation
‘1‘ A. Regular Sessions of Legislature
:‘ (1) The sessions of‘ the legislature shall be biennial, and
1i shall commence on the third Monday of January next ensuing 'the election
"f , of members of the assembly, unless the governor of the state shall, in
i the interim, convene the legislature by proclamation.23
§ (2) The first regular session of the legislature under this
if F constitution may extend to ninety days, but no subsequent regular session
i shall exceed sixty days,24 =-’- * =3.
l (3) In case of a disagreement between the two houses, with
i respect to the time of adjournment, the governor shall have power to ad—
journ the legislature to such time as he may think proper; provided, it
‘1 n be not beyond the time fixed for the meeting of the next legislature.25
J B. Special Sessions of Legislature
§ , (1) The governor may, on extraordinary occasions, convene
3 , the legislature by proclamation, and shall state to both houses, when or—
ganized, the purpose for which they have been convened, and the legislature
shall transact no legislative business except that for which they were
' . especially convened, or such other legislative business as the governor
1 may call to the attention of the legislature while in session.26 _
4‘ , (2.) * * * no subsequent regular session shall exceed
sixty days, nor any special session convened by the governor * * *
‘ twenty days.27
‘ C. Powers of Initiative and Referendum
3 ' The people reserve to themselves the power to propose laws
and the power to propose amendments to the constitution and to enact or
ii reject the same at the polls, independent of the legislature, and also re— .
serve the power at their option to approve or reject at the polls, in the
s; . m
‘ because, although orphans of any creed were accepted, the orphanage was controlled
by the Catholic Church and instruction in the Catholic faith was given. State of
Nevada vs. Hallock, 16 Nev. 573 (1882).
"_ ZSConstitution, Art. IV, Sec. 2.
i 24Constitution, Art. IV, Sec. 29.
; ‘ 25Constitution, Art. V, Sec. 11.
1 26Constitution, Art. V, Sec. 9.
. The Legislature, when convened in special session, can only legislate on those
j subjects for which it was especially convened, and such others as may be called to
: 271ts attention during the session by the Governor. Jones vs. Theall, 5 Nev. 233 (1867).
'1 .1 Constitution, Art. IV, Sec. 29.
‘ D
‘ I K " \ \ \ 7'}

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8 Nevada
III. Provisions Affecting Legislation—Continued .
C. Powers of Initiative and Referendum—Continued
manner herein provided, any act, item, section or part of any act or meas—
ure passed by the legislature,28 * * *.
D. Legislative Enactment ,
(1) A majority of all the members elected to each house 0
shall constitute a quorum to transact business, but a smaller number may
adjourn, from day to day, andmay compel the attendance of absent members
in such manner and under such penalties as each house may prescribe.29
(2) Each law enacted by the legislature shall embrace but
one subject, and matter properly connected therewith, which subj eet shall 0
be briefly expressed in the title; andno law shall be revised or amended
by reference to its title only; but, in such case, the act as revised, or '
section as amended, shall be reenacted and published at length.30
28 '
Constitution, Art. XIX, Sec. 3.
This section further provides that not more than 10 percent of the qualified
electors shall be required to propose any measure by initiative petition. Initia—
tive measures take precedence over all measures of the Legislature except appropri- .
ation bills, must be enacted or rejected by the Legislature without change or amendment
within 40 days, and are subject to referendum.
Ten percent or more of the voters may order a referendum on any act of the Leg—
islature, and such act must be submitted at the next election where a State or con- 0
gressional officer is to be voted for, or wherein any question may be voted on by
the electors of the entire State. When an act is so voted upon and approved by a
majority of the electors voting at the election it shall not be set aside in any way
except by a direct vote of the people. Constitution, Art. XIX, Secs. 1 and 2.
Initiative and referendum powers are reserved to the qualified electors of each
county and municipality as to all local, special, and municipal legislation of every
, character. Not more than 10 Percent of the electors shall be necessary to order the
referendum, nor more than 15 percent to propose a municipal measure by the initia— O
tive. Constitution, Art. XIX, Sec. 3.
ZQConStitution, Art. IV, Sec. 13.
SOConstitution, Art. IV, Sec. 17.
The main test for the application of this section to a particular statute is
whether the title is of such a character as to mislead the public and the members of
the Legislature as to the subjects embraced in the act. The provisions of the act
must correspond with the subject expressed in the title; however, if the numerous 0
provisions contained In an act have one general subject which is indicated by the
title and are logically germane to the subject expressed in the title, the act is
not obnoxious to this section. This section must be construed liberally. Where an
act was entitled |'to provide for the inspection of hides * * * and other matters
relating thereto" and the body of the act dealt with the sale of meat, it was held
to violate this section. State vs. Payne, 53 Nev. 193, 295 P. 770 (1931).
The Supreme Court held that a statute, the title of which read him act provid—
ing for the withdrawal of no: * * certain townships * * * from the county of °
Mineral, and the annexation and addition thereof to the county of Lyon," could prop-
erly include a provision that the office of any county official residing in the sev-
ered section should be declared vacant. The opinion stated that lit is only necessary
in the title to express the principal subject embodied in the law, while matters
properly connected therewith are not required to be mentioned." State ex rel. wichman
vs. Gerbig. 55 Nev. 46. 24 P. (2d) 313 (1935).
_ . _ /

 . . .- - w» W ,,.., nmwr— h-uyx-~-3q17'(";7<""'A—71"‘_'IJ""77-‘ maw-xw“ ‘ur"‘>$t: “W“ ,' .
I Nevada > 9
. /"T.
I 0
II‘ . . .
A ; III. Prov151ons Affecting Legislation—Continued
A D. Legislative Enactment—Continued
A; (3) Every bill shall be read by sections on three several
A days in each house, unless, in case of emergency, two-thirds of the house
A ; where such bill may be pending shall deem it expedient to dispense with
3 this rule; but the reading of a bill by sections, on its final passage,
A shall in no case be dispensed with, and the vote on the final passage of
A 3 every bill or joint resolution shall be taken by yeas and nays, to be
I entered on the journals of each house; and a majority of all the ,members
' elected to each house shall be necessary to pass every bill or joint res-
A olution, and all bills or joint resolutions so passed shall be signed
A by the presiding officers of the respective houses, and by the secretary
I 3 of the senate and the clerk of the assembly.?’1
‘ (4) The legislature shall not pass local or special laws
A in any of the following enumerated cases, that is to say: * * * regu—
A lating county and townships business; * * * for the assessment and
I collection of taxes for state, county, and township purposes; * * *-
1 ; refunding money paid into the state treasury, or into the treasury of any
county; releasing the indebtedness, liability or obligation of any corpo-
A/i ration, association, orperson to the state, or to any county, town or city
. of this state;32 * e *.
(5) In all cases enumerated in the preceding section, (see
. ; par. 4, above) and in all other cases where a general law can be made
applicable, all laws shall be general and of uniform operation throughout
I the State.33
‘ . (6) Every bill which may have passed the legislature shall,
I before it becomes a law, be presented to the governor. If he approve it,
I 3 he shall sign it; but if not, he shall return it with his objections, to ,
the house in which it originated, which house shall cause such objections
to be entered upon its journal, and proceed to reconsider it; if, after
A such reconsideration, it again pass both houses, by yeas and nays, by a j
I __ i
,A A 31Constitution, Art. IV, Sec. 18. l
' An enrolled b111, signed by the proper officers and deposited with the Secretary '
I of State, is conclusively‘ presumed to have been regularly enacted; and the courts ,
cannot look to memoranda endorsed on the bill or to the legislative Journals to i
determine whether the bill was read on 3 several days in each house, as required ;
, by this section. State ex rel. Osburn vs. Beck, 25 Nev. 68, 56 P. 1008 (1899). A
A 52Constitution, Art. IV, Sec. 20. I
I A ESConstitution, Art. IV, Sec. 21.
I ‘ A statute applicable to counties which polled more than 1,500 votes at the 3
‘ last election, or which there was only one county at the time or the decision, was g
3 held not to violate this section as being a. special law. The court stated that the
Legislature could make reasonable classification in a general law and that such A
' classification could be based on the voting population of counties as long as it was I
‘ /‘ applicable in the future and would apply to any county later coming within the classi- A
C rication. State ex rel. Patterson vs. Donovan, 20 Nev. ’75, 15 P. 785 (1887). I
I » E

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10 Nevada
III. Provisions Affecting Legislation—Continued .
D. Legislative Enactment~—Continued
vote of two—thirds of the members elected to each house, it shall become _
a law, notwithstanding the governor's objections. If any bill shall not
be returned within five days after it shall have been presented to him .
(Sunday excepted), exclusive of the day on which he receiVed it, the same
shall be a law in like manner as if he had signed it, unless the legisla—
ture, by its final adjournment, prevent such return, in which case it °
shall be a law, unless the governor, within ten days next after the ad—
journment (Sunday excepted), shall file such bill, with his objections
thereto, in the office of the secretary of state, who shall lay the same
before the legislature at its next session, in like manner as if it had
been returned by the governor; and if the same shall receive the vote of .
two—thirds of the members elected to each branch of the legislature, i
upon a vote taken by yeas and nays, to be entered upon the journals of 3_
each house, it shall become a law.34
IV. Constitutional Amendment or Revision . 1
A. By Proposal of Legislature or People ‘
Any amendment or amendments to this constitution may be . ‘
proposed in the senate or assembly; and if the same shall be agreed to by
a majority of all the members elected to each of the two houses, such pro— .
posed amendment or amendments shall be entered on their respective jour—
nals, with the yeas and nays taken thereon, and referred to the legisla-
ture then next to be chosen, and shall be published for three months next ‘
preceding the time of making such choice. And if, in the legislature ;
next chosen as aforesaid, such proposed amendment or amendments shall be
agreed to by a majority of all the members elected to each house, then .
it shall be the duty of the legislature to submit such proposed amend-
ment or amendments