same force and effect within the said territory of Nevada as elsewhere within the United States.

See State v. McKenney, 18 Nev. 182, 193, under sec. 1 of this act.

Surveyor-general, how appointed, etc.-Compensation.

208. SEC. 17. And be it further enacted, That the president of the United States, by and with the advice and consent of the Senate, shall be, and he is hereby, authorized to appoint a surveyor-general for Nevada, who shall locate his office at such place as the secretary of the interior shall from time to time direct, and whose duties, powers, obligations, responsibilities, compensation, and allowances for clerk hire, office rent, fuel, and incidental expenses, shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may, from time to time deem it advisable to give him.

ENABLING ACT PASSED BY CONGRESS

ACT OF CONGRESS TO ENABLE THE PEOPLE OF NEVADA TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE ORIGINAL STATES.

Territory of Nevada to be made a State, etc.

209. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the inhabitants of that portion of the Territory of Nevada included in the boundaries hereinafter designated, be and they are, hereby authorized to form for themselves, out of said Territory, a State Government with the name aforesaid, which said State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever.

Boundaries.

210. SEC. 2. And be it further enacted, That the said State of Nevada shall consist of all the territory included within the following boundaries to wit: Commencing at a point formed by the intersection of the thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the eastern boundary line of the State of California; thence in a northwesterly direction along the said eastern boundary line of the State of California to the forty-third degree of longitude west from Washington; thence north along said forty-third degree of west longitude and said eastern boundary line of the State of California to the forty-second degree of north latitude; thence due east along the forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning.

Who may vote at first election-Apportionment of representatives-Time of first election, etc.

211. SEC. 3. And be it further enacted, That all persons qualified by law to vote for representatives to the general assembly of said Territory at the date of the passage of this Act shall be qualified to be elected, and they are authorized to vote for and choose representatives to form a convention, under such rules and regulations as the Governor of said Territory may prescribe; and also to vote upon the acceptance or rejection of such Constitution as may be formed by said convention, under such rules and regulations as the said convention may prescribe; and if any of said citizens are enlisted in the army of the United States, and are still within said Territory, they shall be permitted to vote at their place of rendezvous; and if any are absent from said Territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service, under the rules and regulations in each case to be prescribed as aforesaid; and the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said Territory in proportion to the population, as near as may be; and said apportionment shall be made for said Territory by the Governor, United States District Attorney, and Chief Justice thereof, or any two of them; and the Governor of said Territory shall, by proclamation on or before the first Monday of May next, order an election of the representatives as aforesaid, to be held on the first Monday in June

thereafter throughout the Territory, and such election shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the House of Representatives, and the number of members to said convention shall be the same as now constitute both branches of the Legislature of the aforesaid Territory.

Meeting of convention to form State Constitution-Proviso-No slavery or involuntary servitude-Religious toleration-Unappropriated public lands-Taxes. 212. SEC. 4. And be it further enacted, That the members of the Convention, thus elected, shall meet at the capital of said Territory, on the first Monday in July next, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States. Whereupon the said Convention shall be, and it is hereby authorized to form a Constitution and State Government for said Territory. Provided, That the Constitution, when formed, shall be republican, and not repugnant to the Constitution of the United States and the principles of the Declaration of Independence; and, provided further, That said Convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State:

First. That there shall be neither slavery nor involuntary servitude in the said State, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted.

Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship.

Third. That the people inhabiting said Territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that the lands belonging to citizens of the United States residing without the said State shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said State on lands or property therein belonging to, or which may hereafter be purchased by the United States.

Constitution to be submitted to popular vote-Voting and returns.

213. SEC. 5. And be it further enacted, That in case a Constitution and State Government shall be formed for the people of said Territory of Nevada, in compliance with the provision of this Act, that said Convention forming the same shall provide by ordinance for submitting said Constitution to the people of said State for their ratification or rejection at an election to be held on the second Tuesday of October, one thousand eight hundred and sixty-four, at such places and under such regulations, as may be prescribed therein, at which election the lawful voters of said new State shall vote directly for or against the proposed Constitution, and the returns of said election shall be made to the acting Governor of the Territory, who with the United States District Attorney, and Chief Justice of said Territory, or any two of them, shall canvass the same; and if a majority of legal votes shall be cast for said Constitution in said proposed State, the said acting Governor shall certify the same to the President of the United States, together with a copy of said Constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the State admitted into the Union on an equal footing with the original States, without any further action whatever on the part of Congress.

This election ordinance applied only to the election held in pursuance of the mandate of Congress, found in this ' section, and the provisions of said ordinance do not, and

were not intended to apply to future elections held under the constitution and state government. State ex rel. McMillan v. Sadler, 25 Nev. 167.

Representative in Congress.

214. SEC. 6. And be it further enacted, That until the next general census shall be taken, said State of Nevada shall be entitled to one representative in the House of Representatives of the United States, which representative, together with the Governor and State and other officers provided for in said. Constitution, may be elected on the same day a vote is taken for or against the proposed Constitution and State government.

School lands.

215. SEC. 7. And be it further enacted, That sections numbers sixteen and thirty-six, in every township, and where such sections have been sold or otherwise disposed of by an Act of Congress, other lands equivalent thereto in legal subdivisions of not less than one quarter section, and as contiguous as may be, shall be, and are hereby granted to said State for the support of common schools.

The state was entitled to all 16th and 36th sections of the public lands as fast as they were segregated by survey, and the survey affirmed. Wall v. Blasdel, 4 Nev. 246.

Assuming that the proper construction of above section is, that the grant of the 16th and 36th sections took effect absolutely upon the admission of this state into the union, and that the title to said lands then vested in this state: Held, that the Congress could thereafter, with the consent of this state, prior to the disposal by

Lands for public buildings.

the state of any of the lands embraced in said sections, and at any time prior to the survey, change the terms of the grant. Heydenfeldt v. Daney G. & S. M. Co., 10 Nev. 290, 308, 309, 317.

This section must be construed as a grant to the state in præsenti, in the nature of a float, taking effect upon specific tracts of land as soon as the same are surveyed by the United States, and not before. Layton v. Farrell, 11 Nev. 451, 455, 456.

216. SEC. 8. And be it further enacted, That provided the State of Nevada shall be admitted into the Union, in accordance with the foregoing provisions of this Act, that twenty entire sections of the unappropriated public lands within said State to be selected and located by direction of the legislature thereof, on or before the first day of January, Anno Domini eighteen hundred and sixty eight, shall be, and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said State, for the purpose of erecting public buildings at the capital of said State, for legislative and judicial purposes, in such manner as the legislature shall prescribe.

For penitentiary building.

217. SEC. 9. And be it further enacted, That twenty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be and they are hereby granted to said State for the purpose of erecting a suitable building for a penitentiary or State Prison, in the manner aforesaid.

Five per cent of sales of public lands, for roads, etc.

218. SEC. 10. And be it further enacted, That five per centum of the proceeds of the sales of all public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural lands in the State, as the legislature shall direct.

The State stands in the position of an ordinary trustee as to all these lands, except the 90,000 acres granted for the purpose of establishing an agricultural or mining college, as to which it has undertaken to bear the

expenses of converting the trust lands into interestbearing bonds without calling on the trust fund for reimbursement. State ex rel. Greenbaum v. Rhoades, 4 Nev. 312, 314.

Laws of United States made applicable-Judicial district.

219. SEC. 11. And be it further enacted, That from and after the admission of the said State of Nevada into the Union, in pursuance of this Act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said State, as elsewhere within the United States, and said State shall constitute one judicial district, and be called the District of Nevada.

Approved March 21, 1864.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ENABLE THE PEOPLE OF NEVADA TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE ORIGINAL STATES."

Constitution of Nevada to be submitted to popular vote, on the first Wednesday of September.

220. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the fifth section of the act to which this act is an amendment as provides by ordinance for submitting the Constitution to the people of said State, for their ratification or rejection, at an election to be held on the second Tuesday of October, be so amended as to read "on the first Wednesday of September," and that the election for the purposes aforesaid be held on that day instead of the second Tuesday of October.

Approved May 21, 1864.

PROCLAMATION

TERRITORY OF NEVADA, EXECUTIVE DEPARTMENT,
CARSON CITY, May 2, 1864.

221. WHEREAS, By the foregoing Act entitled "An Act to enable the People of Nevada to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States," it is made obligatory upon the Governor, Chief Justice, and United States Attorney, to apportion "among the several counties in said Territory in proportion to the population, as near as may be," representatives to form the said Convention, and likewise obligatory upon the Governor, when said apportionment is made as aforesaid, to issue a proclamation ordering an election as prescribed in said Act.

222. Now, therefore, I, James W. Nye, Governor of the Territory of Nevada, do order and direct that an election be held in the several counties of this Territory, on the first Monday of June next, for the purpose of electing Delegates or Representatives to the Constitutional Convention for said Territory, "in the same manner as is prescribed by the laws of said Territory, regulating elections therein for members of the House of Representatives," and that the number of Representatives, to be elected in the several Counties, as this day apportioned by the Governor, Chief Justice, United States Attorney, of the Territory of Nevada, shall be as follows:

223. On testimony whereof, I have hereunto subscribed my hand and caused the great seal of the Territory to be affixed this second day of May, 1864, at the City of Carson, Territory of Nevada.

[SEAL]

Attest: ORION CLEMENS,

JAMES W. NYE,

Governor of the Territory of Nevada.

Secretary of the Territory.