The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1892-12-17
CONSTITUTIONAL AMENDMENTS.
An Opinion Rendered Concerning
Their Publication by the Attorney
General.

addressed to the State Board of Ex-
aminers in relation to the Constitu-
tional Amendments passed at the last
session of the Legislature in which he
holds that the law concerning their
publication has been fully complied
with
He says in part
cit is not the duty of the Secretary
of State, or of any officer, or board
of officers, under the Constitution or
statutes of the State to publish pro-
posed amendments to the Consti-
tuition. "
Article XVI, Section l, of the Con-
stitution is quoted, the intent of which
is held by the Attorney General to be
as follows
cit cannot be doubted that this pro-
vision contemplates the publication of
these amendments to the Constitution
prior to the election of the Legislature
which is to finally submit such amend
ments to the people. It is equally
certain that this provision of the Con-
stitution is not self-executing-in other
words it is necessary that the Legisla-
ture should provide means to carry
this constitutional provision into effect.
The organic law simply directs that
the publication shall be made, without
the mode or manner. The mode and
manner must be provided by the Leg
islature.
The Constitution does not direct
what board or officer shall perform the
duty; in what manner it shall be per-
formed, whether by posting or by cir
culars, or in the public prints, nor is
the number of posting circulars or
public prints specified, nor is there
any appropriation made or fund pro-
vided for the payment of the expenses.
All these things are essential and with
out them the constitutional provision
could not be executed"
Gas the Constitution does not lay
down the rules by means of which
proposed amendments can be publish.
ed, it follows that force and effect can
only be given to this provision of the
Constitution by the Legislature in q
statute law.
"It remains to consider whether the
Legislature has enacted such law, OF
made provision for the publication Of
constitutional amendments at any time
before their final submission to the
people for adoption.
"There are two statutes which beal
upon this subject and no more, viz
The Act of March 5, 1887, entitled
AN Act providing for the manner OF
submitting Constitutional Amend
ments to the voters of the State of Ne
vada,' and an Act of January, 1889,
entitled, 'An Act providing for hold
ing special election in the State of
Nevada, and at such election to sub
NIT to the people Of the State pro-
posed amendments to the Constitution
thereof, and other matters pertaining
thereto. (See Statutes 1887, p. 1872;
also, Statutes 1889, p. 14).
s'The first of these Acts declares
wherever the conditions prescribed by
the Constitutions of the State of Ne
vada for amending the same have been
complied with by the Legislature the
State Board of Examiners shall order
such proposed amendments to the Con-
stitution published in one daily news
paper X \ for a period of ninety
days next preceding any general cleo
ton held in this State when any pro-
posed amendments are pending"
.'The duty enjoined upon the State
board of examiners is to publish the
proposed amendments not before, but
after the Legislature has acted It is
to be done when the conditions prescrib-
ed by the Constitution plainly declares,
the conditions are the proposal of
amendments by succeeding Legisla-
ture, and the submission of them by
that Legislature to the people,"
The second of these acts the Attor-
ney General hold related only to the
special election of 1889, and has no
bearing upon the present question at
issue. In conclusion he says:
cit may not be improper to add that
proposed amendments to the Constitu-