Daily independent. [volume] (Elko, Nev.) 188?-1915, 1892-12-30
County OfficialP aper.
TIME FOR C~ONVENING,

cation to tho Keno Gazette K the
ground that the amendment to the
Constitution Of the State changing
tne time Of the meeting Of tho Lesis-
lature from tho first to the third
Monday in January vas not legally
adopted and consequently is no part
Of the fundamental law Of the State.
The amendment in question was
proposed in the Legislature Of 1885,
and agreed to by the Legislature OF
1887 as Sec. l of Art. XVI Of the
Constitution provides aud was ap-
proved and ratified by the people at
tho general election in November,
1888, but was not published for nine
ty days preceding the election as re-
quired by the Act OF 1887. The SUI
preme Court Of the State held in the
case Of the State against Davis that
the failure TO publish the amendment
as required inValidated the amend
ment.
At it's session for 1889 the Legisla-
ture attempted to ure the omission
and enacted q special statute for hold
ing n special election, and provided
for "submitting to the people all pro-
posed amendments to the Constitu-
tion Of the State which arc, or shall
be, at the time of holding such cleo
ton, in condition under the Constitu-
tion Of tho State for submission to the
people" claws 1889. p. 49,
The act Of 1889 failed to specify the
amendments TO be submitted, or TO
indicate such as were sin condition
for submission" but delegated this
important legislation to the estate
Board Of Examiners" Secretary of
State" and Boards of County Com
missioners." (Laws 1889, p. 10, SEC
lions 2, 81
At the special election which was
provided for by this act the people
approved and ratified the amendment,
and the question now is, Was the
amendment adopted in the mode and
anner prescribed in the constitution
and is it part Of the organic law? If
goa, the Legislature should meet IN
the third Monday in January. If
nay, it should meet on the first Mon
day in January.
The constitution of Nevada pro.
vides for its own amendment, and
specifically points out how amend
monts shall be effected.
They must be proposed by one
session, entered in the journal OF each
house, referred to the Legislature
"thsn next to be chosen" and pub
lisbed for three months next proceed
ing the time OF choosing such Legis-
lators.
"And il in tho Legislature next
chosen X n such proposed amend
ment X \ shall be agreed to y 4
then il shall be tho duty Of the Legis-
lsture Chat is the Legislature agree.
ing to the amendment) to submitsuch
proposed amendment X TO the
people in such manner and ut such
time aR the Legislature may prescribe,
etc" CART. XIV, Sec. ~
Now, this mode prescribed by the
constitution must be followed, and tho
constitution q be amended in no
other way. ave entertain no doubt
that to change the constitution in any
other mode than by n convention,
evory requisition which is demanded
by the instrument itsolf must be OBJ
served, and the omissions Of any ono
is fatal to the amendment" COLLIER
w. Frierson Sd Ala. 100. TO the same
effect 4 Mo. 1903, 10 New. 391, 60 Ia,
543, 90 Nov. 800, 227, 228.)
"We conclude that amendments tc
the constitution al DO mado only in
the mode provided 10y tho instrument
itself. A proposed amendment, il
agreed to by q majority of each house