Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1909-05-07
Attorney Generals Office
Carson City, Nevada

Carson City, Nevada.
May 6. 1909.
To the District Attorneys OF the
several counties of the State OF Ne
vada:-
Gentlemen
Many inquiries regarding the con
struction of certain portions OF what
is popularity known as the wild Cat
bill passed by the legislature of 1909
tStatutes, page G2) are being receiv-
ed by this office. therefore in order
that on may be advised as to the
views entertained by this Office re-
sarding the construction OF those pOr.
tiOns OF this act which seem TO be
ambiguous. | beg leave TO submit the
following conclusions:
The purpose Of this act is to re-
quiie mining corporations owning,
working and developing mining prop
crty within the state. and selling or
offering for sale any OF its shares OF
stock, to furnish certain information
as to its affairs and general condition
for the use of the public. and also to
classify, so lar as possible, the kinds
of stock usually issued by sucl cor.
porations and to- require the same to
be- designated as treasury or pro
motion" stock, as such stock is there
in defined, in order To prevent and
hA nh n
shares OF stock in alleged mining
corporations formed and promoted
solely for stock selling purposes. and
not owning or possessing actual or
prospective mineral rights or property
sufficient to warrant the innocent
purchaser OF stock to invest his good
money with the expectation of acqui'
ing anything OF value.
Legislation upon any new subject
is invariably defective in some re-
spect and this statute is no exception
but 1t is almost invariably conceded
that this act is a giant stride toward
the protection of the mining com
pany operating and selling stock in
good faith as we'll as tae stock invest
ing public, and that with few minor
amendments it will accomplish the
good purposes for which it was in
tended.
Section One of the ct requires GER
tain statements TO be filed with the
county recorder and attorney general.
There Is a diversity OF opinion as to
whether those statements are requir-
cu to be filed this year (l90Y or not
until next year l9lO): that portion
of the section relating to the time
OF filing being as follows:
Every corporation owning
and selling or Offering for sale
any of its saares of capital stock
shall, during the months Of June
and November of each calendar
year hereafter, file" etc.
II the word hereafter were omitted,
use, but it being an elementary rule
of statutory construction that every
word in the statute means something
and must be given effect, the word,
hereafter" having for its antecen-
dents the words calender year" 1t
cannot be said that the legislature
meant June and November hereafter,
tlaat is June and November, 1909
else it would have omitted the word
''calendar' or used other appropriate
language in expressing such an in
tent. The word calendar used in
The above sense is denned by the au-
ihoritics as meaning
the established order of the
division of time into years,
months, weeks and days.
Words a. Phrases Judicially
Defined.
Blacks Law Dictionery. etc
The act became effective March >,
1899. 1t says that certain statements
shall be filed, etc. during the months
OF June and November of leach cal
endar year hereafter"
The above quoted language Is plain
and unambiguous and, in my opinion,