Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1892-12-18
me CONSTITUTIONAL AMEND
MESTS.

Attorney-Gensral James D.. Torrey-
Son has reGderrd an elaborate opiuiun
addressed TO the State Eoar1 OF EI-
MIN 10 relation to the Coustitu-
tronal Amendments passed ~ the last
session VI the Legislature in - bich he
holds that the Law co~.ceruing their
publication has been fully complied
Ntth.
He says 10 part:
lit is not the duty Of the Secretary
of State, or Of any Oil ser or board VI
officers, under tho Constitution or
statutes OF the State 10 publish pro
POSED amendments 10 the Conslitu.
tiuo."
Article XVI, Section I. OF the Con-
siituiIoo Is quoted, the intent Of
which Is held by the Attorn-y-Gvneral
To lie AS follows:
1T Cannot I've doubted that the pru-
VISION conteuIplates tie publication
~ ~ NllO SOlleAlNu-
ti"n prior To- the election Of the Leris
iature which is 10 finally submit such
amendments TO the people. II is
equally Certain thTt this prIvisIou OF
the Constitution is n"t self executing
In other words IL il ~eresSa tina,
the Legislature should provide means
10 carry this constitutional provision
into effect. The organic las simply
directs that the publication shall DO
made, without directing the mode or
manner The mole AMI manner must
te provided 10y the Legislature.
The Constitution does not direct
what board or officer shall reform
tn. duty; in what name i, shall he
performed, whether by posting or by
circulars or in the public prints, nor
IS the number 0, posting circulars or
public prints specified, nor is tLere
any appropriation made or fund pro.
v.ded 'or payment. Of the expenses.
All these things are essential, aud
without them the Constitutional pro-.
vision rou!d No; ne executed"
As the Constitution does DO; lay
down tie rul-s by neans Of ~aIch
prupDs%d amendments can De pub
iIshej, il fo.IoSs That force aud elect
can only De given 10 thIs prorisIon
OF d Constitution by tbs legislature
III q statute az.
1T remains 10 consider ubether
The Legislature has enacted such hp.
or made provision for the publication
Of Constitutional Amendments n, any
time before their final subnissor 70
the people tor adoption.
There are iso siaiutss which b<.r
Gfan This suUiec: asd no more. nsne
iy. tee Act; o. March ), lS5T, entitled
An Act providing FOR the ps.ns ct
submitting CoasiituuoaA Amend
meats u the ro.srs % the STATE o.
SersdA,' and the A: o. January,
$50. entitled, An Act pruridiuS 70.
holding a special elec;.Un in the State
o: Nevada and al sch election ~
submit! 10 the people % the State pro
posed amendments 10 the ColsGitu-
ton thereof. and other matters per
tainIng thereto (See Statues 1857.
p 10; also Ststut-s isso, p. A)
The First OF these Acts declares
whenever the conditions prescribed
by The Constitution d The State OF
Nevada FOR amending the same hare
b>sH complied Nth By III: Lyisia-
.ure The STATE Bos-d Of Examiner.
shall order such proposed amend
neus 70 tho Constitution Published
10 o daily nezspsp-r for
= fer;od OF ninety days neI, preceding
sry general election held in this State
rhen any proPosed GHeAdmsnh are
pending"
The duty enjoiod upon the State
Board OF Examiners Is - publish tn.
PROPOSED amendments not before, but
after tie Legislature has acted. /, is
TO be done when The conditions pre-
scribed by the Constitution hare been
complied NTH by The Ls0isloture;'
and us We have seen, and A. the Con.
s~tisu,ion plainly declares, tho con
di;ions are the proyoGsl Of amend.
ments by q succeeding Legislature.
sud the submission Of them by that
Legislature 10 The people"
The second Of these sets the At
torpsy.GeDsral holds r~elatel CnIy 10
the special election Of 1879. aud has
TO bearing upon the present question
at issue. In conclusion he says:
at may rot bs Improper TO sdd ,ha.
proposed amendments t. the Consti.
tuition caDpot be published without
the payment Of money. at least no.
without mourning the obligation to
pay.
mo money shall be drswo rom the
Treasury but in consequence Of APP
preparation made 10y law" (Cons,.
New, Article w, Sec. 1917
"NU appropriation vas made FOR
tdis purpose, and for this rcason, il
for no other reason. publication could
not b made. Yours very truly,
JANIS d rcRnErsoS,
httornoy.G General"